Ngāti Whātua o Kaipara Claims Settlement Act 2013

1: Title
This Act is the Ngāti Whātua o Kaipara Claims Settlement Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary matters, interpretation, settlement of historical claims, and miscellaneous matters
1: Preliminary matters
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and apology offered by the Crown to Ngāti Whātua o Kaipara in the deed of settlement; and
b: to give effect to certain provisions of the deed of settlement dated 9 September 2011, which is a deed to settle the historical claims of Ngāti Whātua o Kaipara.
4: Provisions to take effect on settlement date
1: The provisions of this Act take effect on the settlement date unless stated otherwise.
2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—
a: the provision to have full effect on that date:
b: a power to be exercised under the provision on that date:
c: a duty to be performed under the provision on that date.
5: Act binds the Crown
This Act binds the Crown.
6: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
2: This Part,—
a: in subpart 1
b: in subpart 2
c: in subpart 3
i: the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
ii: a consequential amendment to the Treaty of Waitangi Act 1975
iii: the effect of the settlement on certain memorials; and
d: in subpart 4 limit on the duration of a trust
3: Part 2
a: in subpart 1
i: the fee simple estate in 8 cultural redress properties in the trustees of the Tari Pupuritaonga Trust and, in the case of Makarau, in the trustees of the Development Trust; and
ii: an undivided half-share in the Parakai Recreation Reserve in the trustees of the Development Trust and the Council, as tenants in common; and
b: in subpart 2
c: in subpart 3
d: in subpart 4
e: in subpart 5
4: Part 3 RFR
5: Part 4
6: There are 4 schedules:
a: Schedule 1 Part A
b: Schedule 1 Part B
c: Schedule 2
d: Schedule 3
e: Schedule 4 Section 6(2)﻿(d) amended 30 January 2021 section 161 Trusts Act 2019 Acknowledgements and apology of the Crown
7: Acknowledgements and apology
Sections 8 9
8: Acknowledgements
1: The Crown acknowledges the long tradition of commitment and support of Ngāti Whātua o Kaipara given to the Crown from 1840. The Crown also acknowledges the willingness of Ngāti Whātua o Kaipara to provide lands for settlement purposes. These lands contributed to the establishment of the settler economy and the development of the nation state of New Zealand.
2: The Crown acknowledges that it did not correctly apply certain regulations for pre-Treaty and pre-emption waiver transactions. The Crown also acknowledges that it did not always protect Māori interests during investigations into these transactions.
3: The Crown acknowledges that it took approximately 24 000 acres of the lands of Ngāti Whātua o Kaipara claimed by settlers as a result of pre-emption waiver transactions (“surplus lands”), rather than returning these lands to Ngāti Whātua o Kaipara, and this has long been a source of grievance to Ngāti Whātua o Kaipara. The Crown acknowledges that its policy of taking surplus land from pre-emption waiver purchases breached the Treaty of Waitangi
4: The Crown acknowledges that by failing to set aside one tenth of the lands transacted during the pre-emption waiver period for public purposes, especially the establishment of schools and hospitals for the future benefit of Māori (including Ngāti Whātua o Kaipara), it breached the Treaty of Waitangi and its principles.
5: The Crown acknowledges that, in purchasing a large amount of land from Ngāti Whātua o Kaipara between 1848 and 1868, it failed to ensure that Ngāti Whātua o Kaipara were reserved sufficient lands for their future use or benefit, and that that failure was in breach of the Treaty of Waitangi and its principles. The Crown also acknowledges that it did not take adequate steps to prevent the alienation of the few reserves that were made.
6: The Crown acknowledges that it purchased lands at low prices from Ngāti Whātua o Kaipara on the understanding that European settlement would bring benefits to Ngāti Whātua o Kaipara and that their remaining lands would increase in value. The Crown also acknowledges that the benefits Ngāti Whātua o Kaipara were led to expect from European settlement, such as schools, hospitals and roads, were slow to arrive or were not always realised, and that this has remained a significant grievance for Ngāti Whātua o Kaipara.
7: The Crown acknowledges that the operation and impact of the Native land laws since 1864, in particular the awarding of land to individual Ngāti Whātua o Kaipara rather than to iwi and hapū, made those lands more susceptible to partition, fragmentation, and alienation. This contributed to the erosion of the traditional tribal structures of Ngāti Whātua o Kaipara which were based on collective tribal and hapū custodianship of land. The Crown failed to take steps to adequately protect those structures. This had a prejudicial effect on Ngāti Whātua o Kaipara, and was a breach of the Treaty of Waitangi and its principles.
8: The Crown acknowledges that the Native Land Court title determination process carried significant costs for Ngāti Whātua o Kaipara. These costs included survey and court costs, which could and did lead to further alienations of land.
9: The Crown acknowledges that Ngāti Whātua o Kaipara continued to demonstrate their desire to participate in the development of the region by gifting various lands for public purposes, including ten acres at Te Awaroa (Helensville) and land for the Riverhead to Helensville railway. The Crown also acknowledges that it did not adhere to all conditions accompanying these gifts, including returning those lands when they were no longer needed for the purposes given, and that that failure was in breach of the Treaty of Waitangi
10: The Crown acknowledges that at the Kohimarama Conference of 1860 and during the “Orakei Parliaments”, Ngāti Whātua o Kaipara rangatira sought equal participation for Māori in central and local government. The Crown acknowledges that the four Māori seats established to represent Māori in Parliament did not meet Ngāti Whātua o Kaipara expectations.
11: The Crown acknowledges that by the 1920s there was little suitable land available for Ngāti Whātua o Kaipara to benefit from land-development schemes and that the assistance that was provided benefited very few.
12: The Crown acknowledges that lands of significance to Ngāti Whātua o Kaipara at Puketapu and elsewhere were acquired by the Crown for sand-dune reclamation purposes in the decade to 1934, including through compulsory taking. The Crown acknowledges that it did not work with Ngāti Whātua o Kaipara to find an alternative to Crown acquisition and that the loss of these lands hindered access for Ngāti Whātua o Kaipara to urupā, kaimoana, and other resources.
13: The Crown acknowledges that many members of Ngāti Whātua o Kaipara suffered poor health following European colonisation, and that Crown provision of health services to Ngāti Whātua o Kaipara was inadequate until the 1930s. The Crown also acknowledges that the education system historically had low expectations for Māori academic achievement and that this had a detrimental effect on Ngāti Whātua o Kaipara.
14: The Crown acknowledges that the Otakanini block was compulsorily vested in the Tokerau District Māori Land Board without consultation with the owners of the block and that this denied the owners any meaningful role in the administration of the land for fifty years. The Crown also acknowledges that the leases were not properly administered and upon the return of the Otakanini block in 1958, the owners carried significant burdens that impeded the ongoing development of the land. These burdens included additional costs to remedy many breaches of lease conditions and to restore the land to the condition envisaged at the time the leases were entered into.
15: The Crown acknowledges that the Crown’s corporatisation reforms in the 1980s, in particular of the forestry industry, resulted in high unemployment rates and had a devastating impact on Ngāti Whātua o Kaipara communities.
16: The Crown acknowledges that the cumulative effect of Crown purchasing, public works takings, and private purchasing rendered Ngāti Whātua o Kaipara virtually landless. The Crown also acknowledges that its failure to monitor the ongoing impact of land purchases contributed to the position today where Ngāti Whātua o Kaipara have insufficient land. The failure to ensure that Ngāti Whātua o Kaipara retained sufficient land was a breach of the Treaty of Waitangi
17: The Crown acknowledges that from the 1940s a state of virtual landlessness was a significant factor contributing to high levels of migration of Ngāti Whātua o Kaipara and that most Ngāti Whātua o Kaipara now live outside their rōhe. The Crown further acknowledges that Ngāti Whātua o Kaipara communities have endured social deprivation for too long.
18: The Crown acknowledges that the cumulative effect of the Crown’s breaches of the Treaty of Waitangi and its principles significantly undermined the tino rangatiratanga of Ngāti Whātua o Kaipara, their economic and social development, and physical, cultural and spiritual well-being with effects that continue to be felt to the present day.
19: The Crown acknowledges that it failed to deal in an appropriate way with grievances raised by successive generations of Ngāti Whātua o Kaipara and that resolution of these grievances is long overdue.
9: Apology
1: The Crown recognises that, from the signing of the Treaty of Waitangi, Ngāti Whātua o Kaipara committed themselves to a close and positive relationship with the Crown and, through sales and other means, provided lands for European settlement. The Crown deeply regrets that the benefits Ngāti Whātua o Kaipara were led to expect from the relationship, including benefits from the sale of land, were slow to arrive or were not always realised.
2: The Crown profoundly regrets and unreservedly apologises for its actions, which have resulted in the virtual landlessness of Ngāti Whātua o Kaipara. This state of landlessness has had devastating consequences for the social, cultural, economic, spiritual, and physical well-being of Ngāti Whātua o Kaipara that continue to be felt today.
3: With this apology and settlement the Crown seeks to atone for these wrongs and to begin the process of healing. The Crown intends to improve and strengthen its historically close relationship with Ngāti Whātua o Kaipara based on the Treaty of Waitangi
2: Interpretation
10: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
11: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2(1) attachments Auckland Prison Housing Block Housing Block section 82 commercial redress property section 82 Commissioner of Crown Lands section 24AA consent authority section 2(1) conservation area section 2(1) conservation legislation
a: the Conservation Act 1987
b: the enactments listed in Schedule 1 control
a: for a company, control of the composition of its board of directors; and
b: for another body, control of the composition of the group that would be its board of directors if the body were a company Crown section 2(1) Crown body
a: a Crown entity, as defined in section 7(1)
b: a State enterprise, as defined in section 2
c: the New Zealand Railways Corporation; and
d: a company or body that is wholly owned or controlled by 1 or more of the following:
i: the Crown:
ii: a Crown entity:
iii: a State enterprise:
iv: the New Zealand Railways Corporation; and
e: a subsidiary of, or a related company to, a company or body referred to in paragraph (d) cultural redress property section 20 culture and heritage protocol section 72 deed of settlement
a: means the deed of settlement dated 9 September 2011 and signed by—
i: the Honourable Christopher Finlayson, Minister for Treaty of Waitangi
ii: Rhys Charles Freeman, Rangimarie Naida Glavish, Margaret Anne Kawharu, Te Kahui-iti Morehu, Waata Herewini Richards, Gloria May Timoti, Haahi Rangi Walker, and Takutaimoana Wikiriwhi, trustees of Ngā Maunga Whakahii o Kaipara Development Trust, for and on behalf of Ngāti Whātua o Kaipara; and
b: includes—
i: the schedules and attachments to the deed; and
ii: any amendments to the deed, or to its schedules and attachments Development Trust Director-General documents schedule effective date Heritage New Zealand Pouhere Taonga section 9 historical claims section 13 interest LINZ local authority section 5(1) member of Ngāti Whātua o Kaipara section 12(1)﻿(a) Ngā Maunga Whakahii o Kaipara Development Trust Ngā Maunga Whakahii o Kaipara Tari Pupuritaonga Trust property redress schedule purchased non-forest commercial property section 82 purchased Riverhead Forest property section 82 regional council section 2(1) Registrar-General section 4 related company section 2(3) representative entity
a: the trustees of—
i: the Development Trust; and
ii: the Tari Pupuritaonga Trust; and
b: any person (including any trustee) acting for, or on behalf of,—
i: the collective group referred to in section 12(1)﻿(a)
ii: 1 or more of the whānau, hapū, or groups that together form the collective group referred to in section 12(1)﻿(a)
iii: 1 or more members of Ngāti Whātua o Kaipara resource consent section 2(1) RFR subpart 4 RFR land section 96 settlement date statutory acknowledgement section 59 subsidiary section 5 Tari Pupuritaonga Trust Te Kawenata Taiao o Ngāti Whātua o Kaipara Te Kawenata Te Kawerau ā Maki claims negotiation body Te Kawerau ā Maki deed of settlement TKaM deed of settlement section 95 Te Kawerau ā Maki governance entity TKaM governance entity section 95 Te Kawerau ā Maki settlement legislation TKaM settlement legislation section 95 transfer trustees trustees of the Development Trust trustees of the Tari Pupuritaonga Trust working day
a: Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day,
b: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; or
c: the days observed as the anniversaries of the provinces of Auckland and Wellington. Section 11 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 11 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 11 working day amended 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
12: Meaning of Ngāti Whātua o Kaipara
1: In this Act, Ngāti Whātua o Kaipara
a: means the collective group composed of individuals who are descended from—
i: Haumoewaarangi; and
ii: a recognised ancestor of at least one of Ngāti Whātua Tūturu, Te Tao Ū, Ngāti Rango (sometimes referred to as Ngāti Rongo), Ngāti Hine, or Te Uri o Hau who exercised customary rights predominantly within the area of interest at any time after 6 February 1840; and
b: includes the individuals referred to in paragraph (a); and
c: includes every whānau, hapū, or group to the extent that it is composed of those individuals.
2: In this section and section 13 area of interest customary rights
a: rights to occupy land; and
b: rights in relation to the use or stewardship of land or other natural or physical resources; and
c: rights of burial; and
d: rights to affiliate to a Ngāti Whātua o Kaipara marae at any of the following places:
i: Haranui:
ii: Reweti:
iii: Araparera:
iv: Kakanui:
v: Puatahi descended
a: birth:
b: legal adoption:
c: Māori customary adoption in accordance with Ngāti Whātua o Kaipara tikanga tikanga Ngāti Whātua o Kaipara
13: Meaning of historical claims
1: In this Act, historical claims
a: means the claims described in subsections (2) and (3); but
b: does not include the claims described in subsection (4).
2: The historical claims are every claim that Ngāti Whātua o Kaipara or a representative entity of Ngāti Whātua o Kaipara had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—
a: is founded on a right arising—
i: from the Treaty of Waitangi
ii: under legislation; or
iii: at common law (including aboriginal title or customary law); or
iv: from a fiduciary duty; or
v: otherwise; and
b: arises from, or relates to, acts or omissions before 21 September 1992—
i: by, or on behalf of, the Crown; or
ii: by or under legislation.
3: The historical claims include—
a: every claim that relates exclusively to Ngāti Whātua o Kaipara or a representative entity of Ngāti Whātua o Kaipara, to the extent that subsection (2) applies to a claim, including—
i: Wai 279—Te Kēti B Block claim; and
ii: Wai 312—Ngāti Whātua o Kaipara ki te Tonga claim; and
iii: Wai 733—Ōtakanini Lands and Resources claim; and
b: every other claim to the Waitangi Tribunal, so far as it relates to Ngāti Whātua o Kaipara or a representative entity, to the extent that subsection (2) applies to a claim, including—
i: Wai 121—Manukau Māori Trust Board (Ngāti Whātua Lands and Fisheries) claim; and
ii: Wai 303—Te Rūnanga o Ngāti Whātua claim; and
iii: Wai 756—Te Tao Ū Southern Kaipara Lands and Resources claim; and
iv: Wai 798—Ngāti Rango claim; and
v: Wai 861—Te Tai Tokerau District Māori Council claim; and
vi: Wai 881—Haumoewharangi-Maki descendants claim; and
vii: Wai 887—Watene Tautari Whakapapa Whānau Trust claim; and
viii: Wai 1045—Ngāti Marua claim; and
ix: Wai 1046—Ngāti Whātua Tūturu o Te Tao Ū claim; and
x: Wai 1114—Te Runanga o Te Tao Ū claim; and
xi: Wai 1127—Ngā Oho o Te Tao Ū claim; and
xii: Wai 1128—Te Tao Ū (Auckland) Land Alienation claim; and
xiii: Wai 1146—Te Tao Ū Land and Resources claim; and
xiv: Wai 1519—Ngāti Whātua (Josephs) claim; and
xv: Wai 1825—Deborah Kapa and the descendants of Hetaraka Takapuna claim; and
xvi: Wai 2181—Ngā Uri o Maki-nui claim ; and
c: every claim to the following, to the extent that the claim relates to Ngāti Whātua o Kaipara or a representative entity and subsection (2) applies to the claim:
i: the maunga as defined in section 10
ii: the motu as defined in section 11(1)
iii: the Rangitoto Island properties as defined in section 8(1)
iv: Māngere Mountain as defined in section 8(1)
v: the Maungakiekie / One Tree Hill northern land as defined in section 8(1)
4: However, the historical claims do not include—
a: any of the Te Uri o Hau historical claims, being claims settled by the Te Uri o Hau deed of settlement and the Te Uri o Hau Claims Settlement Act 2002
b: a claim that a member of Ngāti Whātua o Kaipara, or a whānau, hapū, or group referred to in section 12(1)﻿(c) section 12(1)﻿(a)
c: a claim that a representative entity may have to the extent that the claim is, or is based on, a claim referred to in paragraph (a) or (b).
5: A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date. Section 13(3)﻿(b)﻿(xvi) amended 1 August 2014 section 166(2) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 Section 13(3)﻿(c) inserted 1 August 2014 section 166(3) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
3: Settlement of historical claims
Historical claims settled and jurisdiction of courts, etc, removed
14: Settlement of
section 13(2), (3)﻿(a), and (3)﻿(b)
1AA: In this section, historical claims section 13(2), (3)﻿(a), and (3)﻿(b)
1: The historical claims are settled.
2: The settlement of the historical claims is final and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
3: Subsections (1) and (2) do not limit the deed of settlement.
4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the deed of settlement; or
c: this Act; or
d: the redress provided under the deed of settlement or this Act.
5: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act. Section 14 heading amended 1 August 2014 section 166(4) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 Section 14(1AA) inserted 1 August 2014 section 166(5) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
14A: Settlement of section 13(3)﻿(c) historical claims
1: In this section,— collective deed section 8(1) effective date section 8(1) historical claims section 13(3)﻿(c)
2: The historical claims are settled.
3: The settlement of the historical claims is final and, on and from the effective date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
4: Subsections (1) and (2) do not limit the acknowledgements expressed in, or the provisions of, the collective deed.
5: Despite any other enactment or rule of law, on and from the effective date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the collective deed; or
c: the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
d: the redress provided under the collective deed or that Act.
6: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the collective deed of settlement or the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 Section 14A inserted 1 August 2014 section 166(6) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 Amendment to Treaty of Waitangi Act 1975
15: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3 Ngāti Whātua o Kaipara Claims Settlement Act 2013, section 14(4) and (5) 2013-06-13 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply
16: Certain enactments cease to apply
1: The enactments listed in subsection (2) do not apply—
a: to a cultural redress property; or
b: to a commercial redress property; or
c: to RFR land; or
d: to a purchased non-forest commercial property if its purchase is effected under the deed of settlement; or
e: to a purchased Riverhead Forest property, if it is not commercial redress property but its purchase is effected under the deed of settlement; or
f: to the Housing Block, if it is purchased and its purchase is effected under the deed of settlement; or
g: for the benefit of Ngāti Whātua o Kaipara or a representative entity.
2: The enactments are—
a: Part 3
b: sections 568 to 570
c: Part 3
d: sections 27A to 27C
e: sections 8A to 8HJ Section 16(2)﻿(b) replaced 1 August 2020 section 668 Education and Training Act 2020
17: When resumptive memorials to be cancelled
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the computer register that contains, each allotment—
a: that is all or part of each class of property referred to in section 16(1)
b: in a certificate of title or computer register that has a memorial entered under any enactment listed in section 16(2)
2: The chief executive of LINZ must issue the certificate as soon as is reasonably practicable—
a: after the settlement date for a class of property referred to in section 16(1)﻿(a) to (c)
b: after the actual date of settlement of the property for a property referred to in section 16(1)﻿(d) to (f)
3: Each certificate must state that it is issued under this section.
4: As soon as is reasonably practicable after receiving a certificate, the Registrar-General must—
a: register the certificate against each certificate of title or computer register identified in the certificate; and
b: cancel, in respect of each allotment identified in the certificate, each memorial that is recorded on a computer register described in the certificate.
4: Miscellaneous matters
18: Limit on duration of trusts does not apply
1: A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16
a: do not prescribe or restrict the period during which—
i: the Development Trust or the Tari Pupuritaonga Trust may exist in law; or
ii: the trustees of those trusts may hold or deal with property or income derived from property; and
b: do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
2: However, if either or both of the trusts named in subsection (1)﻿(a) are, or become, a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a) Section 18 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 18(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 18(2) amended 30 January 2021 section 161 Trusts Act 2019
19: Access to deed of settlement
The chief executive of the Ministry of Justice must make copies of the deed of settlement available—
a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
2: Cultural redress
1: Vesting of cultural redress properties
20: Interpretation
In this Part,— Council section 6 cultural redress property Part A Property vesting in fee simple
a: Makarau; and Properties vesting in fee simple to be administered as reserves
b: Atuanui Scenic Reserve; and
c: Makarau Bridge Reserve; and
d: Parakai; and
e: Ten Acre Block Recreation Reserve; and Properties vesting in fee simple subject to conservation covenant
f: Mairetahi Landing; and
g: Mauiniu Island; and
h: Motoremu Island; and
i: Tīpare Development Trust custodian trustee Parakai Recreation Reserve Part B reserve property cultural redress property Tari Pupuritaonga Trust custodian trustee Property vesting in fee simple
21: Makarau
1: Makarau ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Makarau vests in the trustees of the Development Trust.
3: The vesting of Makarau under this section is a disposition for the purposes of Part 4A section 24 Properties vesting in fee simple to be administered as reserves
22: Atuanui Scenic Reserve
1: The reservation of Atuanui Scenic Reserve as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Atuanui Scenic Reserve vests in the trustees of the Tari Pupuritaonga Trust.
3: Atuanui Scenic Reserve is declared a reserve and classified as a scenic reserve for the purpose specified in section 19(1)﻿(a)
4: The reserve created by subsection (3) is named Atuanui Scenic Reserve.
5: Despite subsections (1) and (2), the viewing platform as shown on deed plan OTS-674-08—
a: does not vest under subsection (2); but
b: remains the property of the Crown.
23: Makarau Bridge Reserve
1: The reservation of Makarau Bridge Reserve as a recreation reserve subject to section 17
2: The fee simple estate in Makarau Bridge Reserve vests in the trustees of the Tari Pupuritaonga Trust.
3: Makarau Bridge Reserve is declared a reserve and classified as a local purpose (estuarine habitat) reserve subject to section 23
4: Subsections (1) to (3) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Council with a registrable right of way easement in gross in relation to the Makarau Bridge Reserve on the terms and conditions set out in part 7 of the documents schedule.
5: The reserve created by subsection (3) is named Makarau Bridge Local Purpose (Estuarine Habitat) Reserve.
24: Parakai
1: Parakai (being part of the Parakai Conservation Area) ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Parakai vests in the trustees of the Tari Pupuritaonga Trust.
3: Parakai is declared a reserve and classified as a local purpose (estuarine habitat) reserve subject to section 23
4: The reserve created by subsection (3) is named Parakai Local Purpose (Estuarine Habitat) Reserve.
25: Ten Acre Block Recreation Reserve
1: The reservation of the Ten Acre Block Recreation Reserve as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Ten Acre Block Recreation Reserve vests in the trustees of the Tari Pupuritaonga Trust.
3: The Ten Acre Block Recreation Reserve is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve created by subsection (3) is named the Ten Acre Block Recreation Reserve. Properties vesting in fee simple subject to conservation covenant
26: Mairetahi Landing
1: The reservation of the Mairetahi Landing as a local purpose (landing) reserve subject to the Reserves Act 1977
2: The fee simple estate in the Mairetahi Landing vests in the trustees of the Tari Pupuritaonga Trust.
3: Subsections (1) and (2) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Crown with a registrable covenant in relation to the Mairetahi Landing on the terms and conditions set out in subpart A of part 4 of the documents schedule.
4: The covenant is to be treated as a conservation covenant for the purposes of—
a: section 77
b: section 27
27: Mauiniu Island
1: The reservation of Mauiniu Island as a local purpose (sand retainer) reserve subject to the Reserves Act 1977
2: The fee simple estate in Mauiniu Island vests in the trustees of the Tari Pupuritaonga Trust.
3: Subsections (1) and (2) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Crown with a registrable covenant in relation to Mauiniu Island on the terms and conditions set out in subpart B of part 4 of the documents schedule.
4: The covenant is to be treated as a conservation covenant for the purposes of—
a: section 77
b: section 27
28: Moturemu Island
1: The reservation of Moturemu Island (being Moturemu Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Moturemu Island vests in the trustees of the Tari Pupuritaonga Trust.
3: Subsections (1) and (2) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Crown with a registrable covenant in relation to Moturemu Island on the terms and conditions set out in subpart C of part 4 of the documents schedule.
4: The covenant is to be treated as a conservation covenant for the purposes of section 77
29: Tīpare
1: Tīpare (being part of Ti Tree Island Conservation Area) ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Tīpare vests in the trustees of the Tari Pupuritaonga Trust.
3: Subsections (1) and (2) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Crown with a registrable covenant in relation to Tīpare on the terms and conditions set out in subpart D of part 4 of the documents schedule.
4: The covenant is to be treated as a conservation covenant for the purposes of—
a: section 77
b: section 27 General provisions applying to vesting of cultural redress properties (other than Parakai Recreation Reserve)
30: Properties vest subject to, or together with, interests
Each cultural redress property vests under this subpart subject to, or together with, any interests listed in relation to the property in the third column of the table in Part A
31: Registration of ownership
1: This section applies to the fee simple estate in a cultural redress property vested by this subpart.
2: To the extent that a cultural redress property (other than Mauiniu Island) is all of the land contained in a computer freehold register, the Registrar-General must, in accordance with a written application from an authorised person,—
a: register the trustees of the Tari Pupuritaonga Trust as the proprietors of the fee simple estate in the land; and
b: record any entry on the computer freehold register, and do anything else that is necessary to give effect to this subpart and to part 5 of the deed of settlement.
3: To the extent that subsection (2) does not apply to a cultural redress property, and in the case of Mauiniu Island, the Registrar-General must, in accordance with a written application received from an authorised person,—
a: create a computer freehold register for the fee simple estate,—
i: in the case of Makarau, in the name of the trustees of the Development Trust; and
ii: in any other cultural redress property to which this subsection applies, in the name of the trustees of the Tari Pupuritaonga Trust; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
4: Subsection (3) applies subject to the completion of any survey necessary to create a computer freehold register.
5: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing by the Crown, the trustees of the Development Trust, and the trustees of the Tari Pupuritaonga Trust.
6: In this section, authorised person
a: for a cultural redress property, the Director-General:
b: for the Helensville land, the chief executive of LINZ.
32: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property (other than Makarau) under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: Despite subsection (1),—
a: the rest of section 24 sections 22 to 25
b: the marginal strip reserved by section 24
i: Mauiniu Island; and
ii: Moturemu Island; and
iii: Tīpare.
3: If the reservation under this subpart of a reserve site is revoked in relation to all or part of the site, the vesting of the reserve property in the trustees of the Tari Pupuritaonga Trust is no longer exempt from the rest of section 24
33: Matters to be recorded on computer freehold register
1: The Registrar-General must record on the computer freehold register—
a: for a reserve property—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 32(3) 36
b: for each of the following properties, that the land is subject to Part 4A
i: Mauiniu Island; and
ii: Moturemu Island; and
iii: Tīpare; and
c: for Mairetahi Landing, that the land is subject to Part 4A
d: for Makarau, that the land is subject to Part 4A section 24
2: A notification made under subsection (1) that land is subject to Part 4A section 24D(1)
3: If the reservation of a reserve site under this subpart is revoked in relation to—
a: all of the site, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the site the notifications that—
i: section 24
ii: the site is subject to sections 32(3) 36
b: part of the site, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain on the computer freehold register only for the part of the site that remains a reserve.
4: The Registrar-General must comply with an application received in accordance with subsection (3)﻿(a).
34: Application of other enactments
1: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
2: The permission of a council under section 348
3: Sections 24 25
4: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under this subpart; or
b: any matter incidental to, or required for the purpose of, the vesting. Reserve properties
35: Application of other enactments to reserve properties
1: The trustees of the Tari Pupuritaonga Trust are the administering body of a reserve property for the purposes of the Reserves Act 1977
2: Sections 48A 114 115 sections 48A(6) 114(5) 115(6)
3: Sections 78(1)﻿(a) 79 to 81 88
4: If the reservation under this subpart of a reserve site is revoked under section 24
a: section 25(2)
b: the other provisions of section 25
5: A reserve property is not a Crown protected area, despite anything in the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
6: The Minister must not change the name of a reserve property under section 16(10) section 16(10A)
36: Subsequent transfer of reserve land
1: This section applies to all, or the part, of a reserve property that remains a reserve under the Reserves Act 1977 reserve land
2: The fee simple estate in the reserve land may be transferred to any other person, but only in accordance with this section or section 37 38
37: Transfer to new administering body
1: The registered proprietors of reserve land may apply to the Minister of Conservation in writing for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners
2: The Minister of Conservation must give written consent to the transfer if the registered proprietors satisfy the Minister that the new owners are able to—
a: comply with the requirements of the Reserves Act 1977
b: perform the duties of an administering body under that Act.
3: The Registrar-General must, upon receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.
4: The required documents are—
a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the reserve land; and
c: any other document required for the registration of the transfer instrument.
5: The new owners, from the time of their registration as the proprietors under this section,—
a: are the administering body of the reserve land for the purposes of the Reserves Act 1977
b: hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
6: A transfer that complies with this section need not comply with any other requirements.
38: Transfer of reserve land if trustees change
The registered proprietors of the reserve land may transfer the fee simple estate in the reserve land if—
a: the transferors of the reserve land are or were trustees of a trust; and
b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and
c: the transferee is the Tari Pupuritaonga Trust custodian trustee; and
d: the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) or (a) and (c) apply.
39: Reserve land not to be mortgaged
The registered proprietors of a reserve site must not mortgage, or give a security interest in, all or any part of the site that remains a reserve under the Reserves Act 1977
40: Saving of bylaws, etc, in relation to reserve sites
1: This section applies to any bylaw, or any prohibition or restriction on use or access that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 Reserves Act 1977
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977
41: Names of Crown protected areas discontinued
1: Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the commencement of this Act, was all or part of a Crown protected area.
2: The official geographic name of the Crown protected area is discontinued in respect of the land and the Board must amend the Gazetteer accordingly.
3: In this section, Board Crown protected area Gazetteer official geographic name section 4 Parakai Recreation Reserve
42: Vesting of Parakai Recreation Reserve in Council cancelled
The vesting under section 26
43: Vesting in trustees and Council
1: The fee simple estate in the Parakai Recreation Reserve is vested, as tenants in common as to an undivided half share each, in—
a: the trustees; and
b: the Council.
2: The Parakai Recreation Reserve is vested as a reserve under subsection (1), to be held in trust—
a: subject to, or together with, the interests listed in column 3 of the table in Part B
b: for the purposes for which the reserve is classified from time to time under the Reserves Act 1977
c: subject to the provisions of this Act.
44: Registration of ownership
The Registrar-General of Land must, in accordance with a written application by the Director-General,—
a: create a computer freehold register for undivided half shares of the fee simple estate in the Parakai Recreation Reserve in the name—
i: of the trustees; and
ii: of the Council; and
b: record on the computer freehold register—
i: any interests that are described in the written application and are registered, notified, or notifiable; and
ii: that the Parakai Recreation Reserve is subject to sections 45(1) to (4) 46 48 52
45: Application of Reserves Act 1977 and other enactments
1: The Parakai Recreation Reserve remains a recreation reserve under the Reserves Act 1977
2: The Parakai Recreation Reserve must not be—
a: exchanged for other land under section 15
b: united with another reserve (or with part of another reserve) under section 52
c: transferred, mortgaged, or the subject of a grant of a security interest.
3: Subsection (1) does not prevent a change being made, in accordance with the Reserves Act 1977
4: Subsection (2)﻿(a) and (b) does not limit any Act other than the Reserves Act 1977
5: The vesting of an undivided half share of the fee simple estate in the Parakai Recreation Reserve by section 43(2)
a: limit section 10 11
b: affect other rights to subsurface minerals.
6: The permission of a council under section 348
7: Section 11 Part 10
a: the vesting of an undivided half share of the fee simple estate in the Parakai Recreation Reserve by section 43(2)
b: any matter incidental to, or required for the purpose of, that vesting. Administration of Parakai Recreation Reserve
46: Board to be administering body
1: Not later than the settlement date, the Parakai Recreation Reserve Board (the Board Schedule 2
2: The Board is subject to the provisions of that schedule.
3: Despite the fact that the Parakai Recreation Reserve is vested in the trustees and the Council,—
a: for the purposes of its administration, the Parakai Recreation Reserve is deemed to be vested in the Board under section 26
b: the Board has the same functions, powers, and obligations in respect of the Parakai Recreation Reserve as if, on the settlement date, that reserve had been so vested.
4: Section 41
47: Powers of Minister of Conservation
1: The Minister of Conservation has the same functions, powers, and obligations in respect of the Parakai Recreation Reserve and the Board as if the reserve were vested in the Board under section 26
2: The Minister of Conservation may, in accordance with section 27 section 26
48: Transfer to other trustees
1: Despite section 45(2)﻿(c)
a: transferees who are trustees after—
i: a new trustee has been appointed; or
ii: a transferor has ceased to be a trustee; or
b: the Development Trust custodian trustee.
2: Subsection (1) is conditional on the transfer instrument being accompanied by a certificate given by the transferees, or their solicitor, verifying that the transferees are—
a: the trustees; or
b: the Development Trust custodian trustee.
49: Marginal strips
Section 24 section 43
50: Third-party rights unaffected
1: Neither the vesting of the Parakai Recreation Reserve in the trustees and the Council nor the deemed vesting of the reserve in the Board under section 46(3)
a: the Crown; and
b: the trustees; and
c: the Council.
2: The rights and obligations referred to in subsection (1) include rights or obligations in relation to the ownership, management, or control of fixtures, structures, or improvements attached to, on, or under the Parakai Recreation Reserve.
3: On and from the settlement date, the lessor's interest in the leases over the Parakai Recreation Reserve vests in the Board.
51: Bylaws
A bylaw or prohibition or restriction on the use of, or access to or over, the Parakai Recreation Reserve made or imposed under the Reserves Act 1977 Revocation and cancellation
52: Revocation of reservation
1: This section applies if the Minister of Conservation—
a: revokes the reservation of the Parakai Recreation Reserve or part of it under section 24
b: cancels the deemed vesting under section 46(3) section 27
2: If subsection (1) applies,—
a: sections 43 to 48
b: the fee simple estate in the affected land ceases to be vested in—
i: the Council under section 43
ii: the trustees or the Development Trust custodian trustee, as the case may be; and
c: the deemed vesting of the affected land in the Board under section 46
d: if the reservation of the affected land is revoked under section 24
i: section 25
ii: the affected land becomes Crown land available for disposal under the Land Act 1948
3: However, if the Minister of Conservation cancels the deemed vesting of the affected land under section 27 section 27(1) or (4)
4: In this section, affected land
53: Alteration of computer freehold registers if reservation revoked
1: This section applies if section 52(1)
2: The Director-General must apply in writing to the Registrar-General—
a: to remove the notification on the computer freehold registers required by section 44(b)﻿(ii)
b: to take any other action in relation to the computer freehold registers that is—
i: required by the Director-General of Conservation; and
ii: authorised by the Reserves Act 1977 Land Act 1948
c: if a part of the reserve is revoked,—
i: to ensure that the notification on the computer freehold registers required by section 44(b)﻿(ii)
ii: to comply with paragraph (b).
54: Obligation of Registrar-General of Land
The Registrar-General of Land must comply with any application made in writing by the Director-General of Conservation under section 53
2: Te Kawenata Taiao o Ngāti Whātua o Kaipara
55: Interpretation
In this subpart,— conservation document conservation management plan section 2(1) conservation management strategy section 2(1) freshwater fisheries management plan section 2(1) national park management plan section 2
56: Authority to enter into Te Kawenata
Not later than the settlement date, the Minister of Conservation, the Director-General, and the trustees of the Development Trust must enter into Te Kawenata o Taiao o Ngāti Whātua o Kaipara.
57: Noting of Te Kawenata on conservation documents
1: The Director-General must ensure that a summary of Te Kawenata is noted on every conservation document affecting Te Kawenata Taiao Area (as defined in Te Kawenata).
2: The noting of the summary—
a: is for the purpose of public notice only; and
b: does not amend the conservation documents for the purposes of the Conservation Act 1987 National Parks Act 1980
58: Te Kawenata subject to powers, functions, duties, and rights
1: Te Kawenata does not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in good faith and in accordance with the law and Government policy, which includes (without limitation) the ability to—
i: introduce legislation; and
ii: change Government policy; and
iii: issue a document similar to Te Kawenata to, or to interact with or consult, a person the Crown considers appropriate, including (without limitation) any iwi, hapū, marae, whānau, or other representatives of tangata whenua; or
b: the responsibilities of the Minister of Conservation; or
c: the legal rights of Ngāti Whātua o Kaipara or a representative entity.
2: Te Kawenata does not grant, create, or provide evidence of an estate or interest in, or rights relating to,—
a: land held, managed, or administered under the conservation legislation; or
b: the common marine and coastal area (as defined in section 9(1)
c: fauna or flora managed or administered under the conservation legislation.
3: Statutory acknowledgement
59: Interpretation
In this subpart, unless the context otherwise requires,— affected person section 2AA(2) relevant consent authority statement of association
a: that is made by Ngāti Whātua o Kaipara of their particular cultural, spiritual, historical, and traditional association with the statutory area; and
b: that is in the form set out in part 2 of the documents schedule statutory acknowledgement section 60 statutory area Schedule 3 statutory plan
a: means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement as those terms are defined in section 43AA
b: includes a proposed plan as defined in section 43AAC
60: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association.
61: Purposes of statutory acknowledgement
The only purposes of the statutory acknowledgement are to—
a: require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 62 to 64
b: require relevant consent authorities to provide summaries of resource consent applications or, as the case requires, copies of notices of applications to the trustees in accordance with section 66
c: enable the trustees or any member of Ngāti Whātua o Kaipara to cite the statutory acknowledgement as evidence of the association of Ngāti Whātua o Kaipara with the relevant statutory area, as provided for in section 67 Section 61(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
62: Relevant consent authorities to have regard to statutory acknowledgement
1: This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E
3: Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991
63: Environment Court to have regard to statutory acknowledgement
1: This section applies to proceedings in the Environment Court in respect of an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274
3: Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991
64: New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1)
2: In this section, archaeological site section 6 Section 64 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
65: Recording statutory acknowledgement on statutory plans
1: On and from the effective date, a relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
2: The information attached to a statutory plan must include—
a: the relevant provisions of sections 60 to 64 66 67
b: the description of statutory areas; and
c: the statements of association.
3: The attachment of information to a statutory plan under this section is for the purpose of public information and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—
a: part of the statutory plan; or
b: subject to the provisions of Schedule 1
66: Provision of summaries or notices of certain applications
1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:
a: a summary of the application, if the application is received by the consent authority; or
b: a copy of the notice, if the application is served on the consent authority under section 145(10)
2: A summary provided under subsection (1)﻿(a) must be the same as would be given to an affected person under section 95B
3: The summary must be provided—
a: as soon as is reasonably practicable after an application is received by the relevant consent authority; but
b: before the relevant consent authority decides under section 95
4: A copy of a notice must be provided under subsection (1)﻿(b) not later than 10 working days after the day on which the relevant consent authority receives the notice.
5: The trustees may, by notice in writing to a relevant consent authority,—
a: waive the rights to be notified under this section; and
b: state the scope of that waiver and the period it applies for.
6: An obligation under this section does not apply to the extent that the corresponding right has been waived.
7: This section does not affect the obligation of a relevant consent authority to decide,—
a: under section 95
b: under section 95E
67: Use of statutory acknowledgement
1: The trustees and any member of Ngāti Whātua o Kaipara may, as evidence of the association of Ngāti Whātua o Kaipara with a statutory area, cite the statutory acknowledgement relating to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before—
a: the relevant consent authorities; or
b: the Environment Court; or
c: Heritage New Zealand Pouhere Taonga; or
d: the Environmental Protection Authority or a board of inquiry under Part 6AA
2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—
a: the bodies referred to in subsection (1); or
b: parties to proceedings before those bodies; or
c: any other person who is entitled to participate in those proceedings.
3: However, those bodies and persons may take the statutory acknowledgement into account.
4: To avoid doubt,—
a: neither the trustees nor members of Ngāti Whātua o Kaipara are precluded from stating that Ngāti Whātua o Kaipara has an association with a statutory area that is not described in the statutory acknowledgement; and
b: the content and existence of the statutory acknowledgement do not limit any statement made. Section 67(1)﻿(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
68: Application of statutory acknowledgement to river, stream, and harbour
In relation to the statutory acknowledgement,— harbour river stream
a: means—
i: a continuously or intermittently flowing body of fresh water, including a modified watercourse; and
ii: the bed of the river or stream; but
b: does not include—
i: a part of the bed of the river or stream that is not owned by the Crown; or
ii: land that the waters of the river or stream do not cover at their fullest flow without overlapping its banks; or
iii: an artificial watercourse; or
iv: a tributary flowing into the river or stream. General provisions relating to statutory acknowledgement
69: Exercise of powers and performance of functions and duties
1: The statutory acknowledgement does not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw.
2: No person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of Ngāti Whātua o Kaipara with a statutory area than that person would give if there were no statutory acknowledgement for the statutory area.
3: Subsection (2) does not affect the operation of subsection (1).
4: This section is subject to the other provisions of this subpart.
70: Rights not affected
1: The statutory acknowledgement does not—
a: affect the lawful rights or interests of any person who is not a party to the deed of settlement; or
b: have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.
2: This section is subject to the other provisions of this subpart. Consequential amendment
71: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Ngāti Whātua o Kaipara Claims Settlement Act 2013 2013-06-13 Resource Management Act 1991
4: Culture and heritage protocol
72: Interpretation
In this subpart,— Minister protocol taonga tūturu
a: has the meaning given in section 2(1
b: includes ngā taonga tūturu defined in section 2(1)
73: Issuing, amending, or cancelling protocol
1: The Minister—
a: must issue the culture and heritage protocol to the trustees on the terms and conditions set out in part 3 of the documents schedule; and
b: may amend or cancel that protocol.
2: The Minister may amend or cancel the protocol at the initiative of either—
a: the trustees; or
b: the Minister.
3: The Minister may amend or cancel the protocol only after consulting, and having particular regard to the views of, the trustees.
74: Protocol subject to rights, functions, and duties
The protocol does not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, which includes the ability to—
i: introduce legislation; and
ii: change government policy; and
iii: interact with or consult a person who the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of the Minister or the Ministry for Culture and Heritage; or
c: the legal rights of Ngāti Whātua o Kaipara or a representative entity.
75: Limitation of rights under protocol
The protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
76: Enforcement of protocol
1: The Crown must comply with the protocol while it is in force.
2: If the Crown fails to comply with the protocol without good cause, the trustees may, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with the protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed for the implementation of the protocol; and
b: subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2).
5: Geographic names
77: Interpretation
In this subpart,— Board section 7 NZGB Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 official geographic name section 4
78: New official geographic names of features
1: A name specified in the first column of the table in clause 5.15.1 of the deed of settlement for a feature described in the second and third columns of that table is assigned to that feature.
2: A name specified in the first column of the table in clause 5.15.2 of the deed of settlement for a feature is altered to the name specified for the feature in the second column of that table.
3: Each assignment or alteration under this section is to be treated as if it were the assignment or alteration of the official geographic name, by a determination of the Board under section 19
79: Publication of new official geographic name
1: The Board must, as soon as practicable after the settlement date, give public notice of each assignment or alteration of a name under section 78 section 21(2) and (3)
2: The notice must state that the assignment or alteration took effect on the settlement date.
80: Alteration of new official geographic names
1: In making a determination to alter an official geographic name assigned or altered by this subpart, the Board—
a: need not comply with section 16 17 18 19(1) 20
b: must have the written consent of the trustees.
2: To avoid doubt, the Board must give public notice of the determination in accordance with section 21(2) and (3)
81: Name change for Crown protected area
The name of Lake Ototoa Scenic Reserve is changed to Rototoa/Lake Rototoa Scenic Reserve.
3: Commercial redress
82: Interpretation
In this Part,— Auckland Prison Housing Block Housing Block commercial redress property
a: Woodhill Forest; and
b: any purchased Riverhead Forest property, purchased in accordance with clause 6.1.2(b) of the deed of settlement; and
c: the non-forest commercial properties; but
d: does not include any purchased non-forest commercial properties Crown forest land section 2(1) Crown forestry licence
a: has the meaning given in section 2(1)
b: in relation to the licensed land, means the licence described in the third column of the tables in parts 3 and 4 of the property redress schedule Crown forestry rental trust section 34 Crown forestry rental trust deed section 34 effective Housing Block purchase notice effective Riverhead Forest property purchase notice land holding agency
a: for Woodhill Forest, LINZ:
b: for each non-forest commercial property, the land holding agency specified for the property in subpart A of part 3 of the property redress schedule:
c: for a Riverhead Forest property, LINZ:
d: for the Housing Block, the Department of Corrections leaseback property
a: Kaipara College:
b: Kaukapakapa School:
c: Parakai School:
d: Tauhoa School:
e: Waimauku School:
f: Woodhill School licensed land
a: Woodhill Forest as described in subpart A of part 3 of the property redress schedule; and
b: any purchased Riverhead Forest property licensee licensor non-forest commercial property ownership transfer date
a: for a commercial redress property, the settlement date; and
b: for a purchased non-forest commercial property, the actual transfer date for that property; and
c: for the purchased Riverhead Forest property, if it is not a commercial property, the actual transfer date for the property; and
d: for the Housing Block, the actual transfer date for the property purchased non-forest commercial property purchased Riverhead Forest property Riverhead Forest property
a: means the land of each of the following 5 properties, being in each case the land described by that name in part 4 of the property redress schedule:
i: Riverhead Forest selection unit 1:
ii: Riverhead Forest selection unit 2:
iii: Riverhead Forest selection unit 3:
iv: Riverhead Forest selection unit 4:
v: Riverhead Forest selection unit 5; but
b: excludes, to the extent provided by the Crown forestry licence for the land,—
i: all trees growing, standing, or lying on the land; and
ii: all improvements that have been acquired by a purchaser of trees on the land or made, after the acquisition of the trees, by the purchaser or the licensee transfer property
a: each commercial redress property transferred in accordance with clause 6.1.2 of the deed of settlement; and
b: any purchased non-forest commercial property transferred in accordance with clause 6.2.3 of the deed of settlement; and
c: any purchased Riverhead Forest property transferred in accordance with paragraph 6.12.3(b) of the property redress schedule); and
d: the Housing Block, transferred in accordance with paragraph 7.11.2(d) of the property redress schedule Woodhill Forest
a: means the land described by that name in subpart A of part 3 of the property redress schedule; but
b: excludes, to the extent provided by the Crown forestry licence in relation to the land,—
i: all trees growing, standing, or lying on the land; and
ii: all improvements that have been acquired by a purchaser of trees on the land or made, after the acquisition of the trees, by the purchaser or the licensee.
1: Transfer properties
83: The Crown may transfer properties
1: To give effect to part 6 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to—
a: transfer the fee simple estate in a transfer property, including—
i: to the trustees:
ii: to the trustees as tenants in common with another person:
iii: in the case of the Housing Block, to 1 or more governance entities giving an effective Housing Block purchase notice or to a Housing Block nominee; and
b: sign a transfer instrument or other document, or do anything else necessary to effect the transfer.
2: In this section,— governance entity
a: the trustees:
b: the TKaM governance entity Housing Block nominee
84: Minister of Conservation may grant easements
1: The Minister of Conservation may grant a right of way easement over a conservation area, as required under the deed of settlement.
2: An easement granted under subsection (1) is—
a: enforceable in accordance with its terms, despite Part 3B
b: to be treated as having been granted in accordance with Part 3B
c: registrable under section 17ZA(2)
85: Registrar-General to create computer freehold register
1: This section applies to—
a: each transfer property that is to be transferred under section 83
i: the property is not all of the land contained in a computer freehold register; or
ii: there is no computer freehold register for all or part of the property; and
b: licensed land that is subject to a single Crown forestry licence.
2: The Registrar-General must, in accordance with a written application by an authorised person—
a: create a computer freehold register for the fee simple estate in the property in the name of the Crown; or
b: in the case of the Housing Block, if so required by the written application, create 2 computer freehold registers for the fee simple estate in the property in the name of the Crown, each for an undivided specified share of the fee simple estate in the Housing Block.
3: If the written application referred to in subsection (2) so requires, the Registrar-General must—
a: record on the register any interests that are registered, notified, or notifiable and that are described in the written application; but
b: omit from the register any statement of purpose.
4: Subsections (2) and (3) are subject to the completion of any survey necessary to create a computer freehold register.
5: The authorised person may grant a covenant for the later creation of a computer freehold register for any land transferred to the trustees.
6: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register a covenant (as provided for in subsection (5)) under the Land Transfer Act 1952
b: the Registrar-General must register the covenant in accordance with paragraph (a).
7: In this section, authorised person
86: Application of other enactments
1: This section applies to the transfer to the trustees (including any transfer to the trustees as tenants in common with another person) of a transfer property.
2: The transfer is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
3: The transfer does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
5: Section 11 Part 10
a: the transfer; or
b: a matter incidental to, or required for the purpose of, that transfer.
6: In exercising the powers conferred by section 83
7: Subsection (4) does not limit subsection (2) or (3).
2: Licensed land
87: Licensed land ceases to be Crown forest land
1: Licensed land ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the trustees.
2: However, although licensed land does not cease to be Crown forest land until the transfer of the fee simple estate in the land to the trustees is registered, neither the Crown nor any court or tribunal may do any thing or omit to do any thing between the settlement date and the date of registration if that act or omission would be—
a: consistent with the Crown Forest Assets Act 1989
b: inconsistent with the deed of settlement.
88: Trustees to be confirmed beneficiaries and licensors
1: The trustees are, in relation to the licensed land, the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed.
2: The effect of subsection (1) is that—
a: the trustees are entitled to the rental proceeds payable since the commencement of the Crown forestry licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries.
3: The trustees are the licensors under the Crown forestry licence as if the licensed land had been returned to Māori ownership—
a: on the ownership transfer date for the land; and
b: under section 36
89: Notice under Crown Forest Assets Act 1989
1: The Crown must give notice under section 17(4)﻿(b) section 8HB(1)﻿(a)
2: Notice given by the Crown under subsection (1) has effect as if—
a: the Waitangi Tribunal had made a recommendation under section 8HB(1)﻿(a)
b: the recommendation had become final on the ownership transfer date for the land.
3: However, section 36(1)﻿(b)
90: Effect of transfer of licensed land
1: Sections 88 89
a: the transfer of the fee simple estate in the licensed land has been registered; or
b: the processes described in clause 17.4 of the Crown forestry licence (which relates to licence-splitting processes) have been completed.
2: To the extent that the Crown has not completed the processes referred to in subsection (1)﻿(b) before the ownership transfer date, it must continue those processes—
a: on and after the ownership transfer date; and
b: until the processes are completed.
3: For the period from the ownership transfer date until the completion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the licensed land is the amount calculated in accordance with paragraphs 10.24 and 10.25 of the property redress schedule.
4: With effect from the ownership transfer date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the licensed land, be read as if they were references to the trustees.
3: Access to protected sites
91: Interpretation
In this subpart,— protected site
a: is wāhi tapu or a wāhi tapu area within the meaning of section 6
b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero, as defined in section 6 right of access section 92 Section 91 protected site amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 91 protected site replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
92: Right of access to protected sites
1: The owner of land on which a protected site is situated and any person holding an interest in, or a right of occupancy to, that land must allow access across the land to each protected site to Māori for whom the protected site is of special spiritual, cultural, or historical significance.
2: A right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.
3: A right of access is subject to the following conditions:
a: the right of access applies on and after the ownership transfer date for the land; and
b: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and
c: the right of access may be exercised only at reasonable times during daylight hours; and
d: a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access as are reasonably required for—
i: the safety of people; or
ii: the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
iii: operational reasons.
93: Right of access subject to Crown forestry licence
1: A right of access is subject to the terms of any Crown forestry licence, unless the licensee has agreed to the exercise of the right of access.
2: An amendment to a Crown forestry licence will be of no effect to the extent that it purports to—
a: delay the date from which a person who has a right of access may exercise that right; or
b: otherwise adversely affect the right of access.
94: Notation on computer freehold register
1: The Registrar-General must, in accordance with a written application by an authorised person, record on the computer freehold register for the licensed land that the land is, or may at any future time be, subject to section 92
2: An application must be made as soon as is reasonably practicable after the ownership transfer date.
3: However, if a computer freehold register has not been created by the ownership transfer date, an application must be made as soon as is reasonably practicable after the register has been created.
4: In this section, unless the context otherwise requires, authorised person
4: Right of first refusal over RFR land
Interpretation
95: Interpretation
In this subpart and Schedule 4 approving Marutūāhu settlement legislation
a: approves as redress for Marutūāhu the rights to non-exclusive RFR land provided by or under this subpart to the Marutūāhu governance entity; and
b: provides that those rights may be exercised by the Marutūāhu governance entity on and from the settlement date defined in the Marutūāhu settlement legislation approving TKaM settlement legislation
a: approves as redress for TKaM the rights to Auckland Prison provided by or under this subpart to the TKaM governance entity; and
b: provides that those rights may be exercised by the TKaM governance entity on and from the settlement date defined in the TKaM settlement legislation Auckland Prison
a: means the land described as Paremoremo Prison in part 5 of the attachments if, on the RFR date for the Auckland Prison,—
i: the land is vested in the Crown; or
ii: the fee simple estate is held by the Crown; and
b: includes land obtained in exchange for a disposal of Auckland Prison under section 111 112 dispose of
a: means—
i: to transfer or vest the fee simple estate in the land; or
ii: to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but
b: to avoid doubt, does not include—
i: to mortgage, or give a security interest in, the land; or
ii: to grant an easement over the land; or
iii: to consent to an assignment of a lease, or to a sublease, of the land; or
iv: to remove an improvement, a fixture, or a fitting from the land exclusive RFR area exclusive RFR land section 97(1) expiry date sections 100(a) 101 governance entity
a: the trustees:
b: the TKaM governance entity:
c: the Marutūāhu governance entity Marutūāhu deed of settlement Marutūāhu governance entity Marutūāhu settlement legislation non-exclusive RFR land section 97(1) notice offer section 100 public work section 2 RFR date section 98
a: exclusive RFR land:
b: Auckland Prison:
c: non-exclusive RFR land RFR land section 96 RFR land nominee section 104(3) RFR landowner
a: means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
b: means a Crown body, if the body holds the fee simple estate in the land; and
c: includes a local authority to which RFR land has been disposed of under section 106(1)
d: to avoid doubt, does not include an administering body in which RFR land is vested—
i: on the settlement date; or
ii: after the settlement date, under section 107(1) RFR period
a: the exclusive RFR land and non-exclusive RFR land, is 169 years from the RFR date for that land; and
b: Auckland Prison, is 170 years from the RFR date for that land State highway section 5(1) Te Kawerau ā Maki deed of settlement TKaM deed of settlement Te Kawerau ā Maki governance entity TKaM governance entity Te Kawerau ā Maki settlement legislation TKaM settlement legislation
96: Meaning of RFR land
1: In this subpart, RFR land
a: the exclusive RFR land; and
b: Auckland Prison; and
c: the non-exclusive RFR land.
2: Land ceases to be RFR land if—
a: the fee simple estate in the land is transferred from the RFR landowner to—
i: a governance entity or its nominee (for example, under section 104
ii: any other person (including the Crown or a Crown body) under section 99(1)﻿(c)
b: the fee simple estate in the land is transferred from the RFR landowner to, or vests in, a person other than the Crown or a Crown body—
i: under any of sections 105 to 115
ii: under section 116(1)
c: for non-exclusive RFR land, notice is given under section 97(2)
d: the RFR period ends.
97: Meaning of exclusive RFR land and non-exclusive RFR land
1: In this subpart,— exclusive RFR land
a: means land in the exclusive RFR area if, on the settlement date,—
i: the land is vested in the Crown; or
ii: the fee simple estate in the land is held by the Crown; and
b: includes land in the area marked A Reserves Act 1977 section 25 27
c: includes land obtained in exchange for a disposal of exclusive RFR land under section 111 112
d: includes the land described in part 7 of the attachments; but
e: does not include—
i: land in the area marked B
ii: a transfer property non-exclusive RFR land
a: means land described in part 6 of the attachments if, on the RFR date for that land,—
i: the land is vested in the Crown; or
ii: the fee simple estate in the land is held by the Crown; and
b: includes land obtained in exchange for a disposal of non-exclusive RFR land under section 111 112
c: does not include non-exclusive RFR land in respect of which notice is given under subsection (2).
2: The Minister for Treaty of Waitangi Negotiations may, before the settlement date, give notice that non-exclusive RFR land is not to be, or is to cease to be, non-exclusive RFR land—
a: to the trustees; and
b: to the Marutūāhu governance entity, if approving Marutūāhu settlement legislation is enacted. Application of this subpart
98: When this subpart comes into effect
The provisions of this subpart come into effect as follows:
a: for the exclusive RFR land, on the settlement date; and
b: for Auckland Prison, if the settlement date under approving TKaM settlement legislation—
i: occurs before or on the settlement date under this Act, on that date; or
ii: has not occurred before or on that settlement date, on the earlier of—
A: the date that is 36 months after the settlement date under this Act:
B: the settlement date under the approving TKaM settlement legislation; and
c: for the non-exclusive RFR land, if the settlement date under approving Marutūāhu settlement legislation—
i: occurs before or on the settlement date under this Act, on that date; or
ii: has not occurred before or on that settlement date, on the earlier of—
A: the date that is 36 months after the settlement date under this Act:
B: the settlement date under the approving Marutūāhu settlement legislation. Restrictions on disposal
99: Restrictions on disposal of RFR land
1: An RFR landowner must not dispose of RFR land to a person other than to the trustees or a governance entity referred to in subsection (3)﻿(b) or (4)﻿(b) (or the RFR land nominee of a governance entity) unless the land is disposed of—
a: under any of sections 105 to 115
b: under section 116(1)
c: in accordance with subsection (2).
2: An RFR landowner may dispose of RFR land to any person within 2 years after the expiry date of an offer made by an RFR landowner if the offer was,—
a: in the case of exclusive RFR land, made by notice to the trustees:
b: in the case of Auckland Prison, made by notice in accordance with subsection (3):
c: in the case of non-exclusive RFR land, made by notice in accordance with subsection (4).
3: In the case of Auckland Prison, notice must be given, if the settlement date under the TKaM settlement legislation—
a: has not occurred at the date of the offer, to the trustees; or
b: has occurred at the date of the offer, to the trustees and the TKaM governance entity.
4: In the case of non-exclusive RFR land, notice must be given if the settlement date under the Marutūāhu settlement legislation—
a: has not occurred at the date of the offer, to the trustees; or
b: has occurred at the date of the offer, to the trustees and the Marutūāhu governance entity.
5: In every case where notice has been given under subsection (2)﻿(a), (3), or (4), the offer must—
a: have been made in accordance with section 100
b: have been made on terms that are the same as, or more favourable to the relevant governance entity than, the terms of the disposal to the other person; and
c: not have been withdrawn under section 102
d: not have been accepted under section 103 Rights of first refusal of governance entities
100: Requirements for offer
An offer by an RFR landowner to dispose of RFR land must be made by notice that specifies—
a: the terms of the offer, including its expiry date (which must comply with section 101
b: the legal description of the land, including any interests affecting it; and
c: the reference for any computer register for the land; and
d: a statement that identifies the RFR land as exclusive RFR land or non-exclusive RFR land; and
e: a street address for the land (if applicable); and
f: a street address, postal address, and fax number for the trustees of the governance entity to which the offer is made to give notices to the RFR landowner in relation to the offer.
101: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 40 working days after the date on which the governance entity receives notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 20 working days after the governance entity receives notice of the offer if—
a: the governance entity received an earlier offer; and
b: the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
3: If section 103(3)
102: Withdrawal of offer
The RFR landowner may, by notice to the relevant governance entity, withdraw an offer at any time before it is accepted.
103: Acceptance of offer
1: The trustees may, by notice (the acceptance notice section 99(2)﻿(a), (3)﻿(a), or (4)﻿(a)
2: However, an acceptance notice may be given by only 1 of the governance entities to which the offer was made under section 99(3)﻿(b) or (4)﻿(b)
3: If the RFR landowner receives acceptance notices before the expiry date from both governance entities to which the offer was made, the RFR landowner must, not later than 10 working days after receiving the notices, give notice to both governance entities, advising that—
a: acceptance notices have been received from both governance entities; and
b: the offer may be accepted by only 1 of the governance entities to which it was made; and
c: for an offer to be accepted, 1 notice of acceptance from 1 (but not both) of the governance entities must be received by the RFR landowner not later than 20 working days after the date that both governance entities receive this notice.
4: If a governance entity accepts an offer, it must accept all the RFR land offered, unless the offer permits it to accept less.
5: An offer may be accepted under this section only if—
a: the offer has not been withdrawn; and
b: the expiry date of the offer has not passed.
104: Formation of contract
1: If the trustees accept an offer under section 103
a: a contract between the RFR landowner and the trustees for the disposal of the RFR land is formed on the terms in the offer; and
b: the terms of the contract may be varied by written agreement between the RFR landowner and the trustees.
2: Subsection (1) applies, with the necessary modifications, if—
a: the TKaM governance entity accepts an offer to dispose of Auckland Prison; or
b: the Marutūāhu governance entity accepts an offer to dispose of non-exclusive RFR land.
3: A governance entity may, in a contract made under this section, nominate another person to whom the RFR land may be transferred (the nominee
4: A governance entity may nominate a nominee only if—
a: the nominee is lawfully able to hold the RFR land; and
b: notice in respect of the nominee is given to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
5: The notice given under subsection (4) must specify—
a: the full name of the nominee; and
b: any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.
6: If a governance entity nominates a nominee, the governance entity remains liable for the obligations of the transferee under the contract. Certain disposals permitted but land remains RFR land
105: Disposal to the Crown or Crown bodies
1: An RFR landowner may dispose of RFR land to—
a: the Crown; or
b: a Crown body.
2: To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 Section 105(2) amended 1 August 2020 section 668 Education and Training Act 2020
106: Disposal of existing public works to local authority
1: An RFR landowner may dispose of RFR land that is a public work or part of a public work, in accordance with section 50 section 2
2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart.
107: Disposal of reserves to administering bodies
1: An RFR landowner may dispose of RFR land in accordance with section 26 26A
2: To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—
a: the RFR landowner of the land; or
b: subject to the obligations of an RFR landowner under this subpart.
3: However, if RFR land vests back in the Crown under section 25 27
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart. Certain disposals permitted but land ceases to be RFR land
108: Disposal in accordance with enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
109: Disposal in accordance with legal or equitable obligation
An RFR landowner may dispose of RFR land in accordance with—
a: a legal or an equitable obligation that—
i: was unconditional before the RFR date for that land; or
ii: was conditional before the RFR date for that land but became unconditional on or after that date; or
iii: arose after the exercise (whether before, on, or after the RFR date) of an option existing before the RFR date; or
b: the requirements, existing before the RFR date, of a gift, an endowment, or a trust relating to the land.
110: Disposal by the Crown under certain legislation
The Crown may dispose of RFR land in accordance with—
a: section 54(1)﻿(d)
b: section 355(3)
c: section 34
111: Disposal of land held for public works
1: An RFR landowner may dispose of RFR land in accordance with—
a: section 40(2) or (4) 41
b: section 52 105(1) 106 114(3) 117(7) 119
c: section 117(3)﻿(a)
d: section 117(3)﻿(b)
e: section 23(1) or (4) 24(4) 26
2: To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 section 41(1)﻿(e)
112: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
113: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
114: Disposal to tenants
The Crown may dispose of RFR land—
a: that was held on the RFR date for education purposes to a person who, immediately before the disposal, is a tenant of the land or of all or part of a building on the land; or
b: under section 67
i: before the RFR date; or
ii: on or after the RFR date for that land as a renewal of a lease granted before that date; or
c: under section 93(4)
115: Disposal by Housing New Zealand Corporation
1: Housing New Zealand Corporation or any of its subsidiaries may dispose of the Hobsonville land if—
a: that land is Crown-owned land held for State housing purposes at Hobsonville; and
b: the Minister of Housing has given notice to the trustees that, in the Minister's opinion, the purpose of the disposal is to achieve, or to assist in achieving, the Crown's social objectives in relation to housing or services related to housing.
2: In this section, Hobsonville land RFR landowner obligations
116: RFR landowner’s obligations under this subpart
1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
a: any other enactment or rule of law but, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any encumbrance or legal or equitable obligation—
i: that prevents or limits an RFR landowner’s disposal of RFR land to a governance entity; and
ii: that the RFR landowner cannot satisfy by taking reasonable steps; and
c: the terms of a mortgage over, or security interest in, RFR land.
2: For the purposes of subsection (1)﻿(b)﻿(ii), reasonable steps do not include steps to promote the passing of an enactment.
3: This subpart does not limit subsection (1). Notices about RFR land
117: Notice to LINZ of creation of computer register after settlement date
1: If a computer register is first created for RFR land after the RFR date for the relevant RFR land, the RFR landowner must give the chief executive of LINZ notice that the register has been created.
2: If land for which there is a computer register becomes RFR land after the RFR date for the land, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.
3: The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.
4: The notice must include the reference for the computer register and a legal description of the land.
118: Notice to governance entities of disposals of RFR land to others
1: An RFR landowner must give notice of any disposal,—
a: in the case of exclusive RFR land, to the trustees, if the disposal is to a person other than those trustees; and
b: in the case of Auckland Prison, to the trustees and the TKaM governance entity, if the disposal is to a person other than those trustees or that governance entity; and
c: in the case of non-exclusive RFR land, to the trustees and the Marutūāhu governance entity, if the disposal is to a person other than those trustees or that governance entity.
2: The notice must be given on or before the date that is 20 working days before the disposal.
3: The notice must—
a: specify the legal description of the land and any interests affecting it; and
b: identify any computer register that contains the land; and
c: specify the street address for the land (if applicable); and
d: identify the person to whom the land is being disposed of; and
e: explain how the disposal complies with section 99(1)
f: if the disposal is made under section 99(2)
4: The requirement under subsection (1)﻿(b) and (c) to notify the TKaM governance entity and the Marutūāhu governance entity respectively applies only if, before the date of the notice, as the case may require, relevant approving settlement legislation has been enacted.
119: Notice to governance entities if disposal of certain RFR land being considered
1: This section applies if an RFR landowner is considering whether to dispose, in a way that may require an offer under this subpart, of—
a: Auckland Prison:
b: non-exclusive RFR land.
2: The RFR landowner must give notice to any governance entity to which the offer would be made under this subpart if the land were to be disposed of.
3: The notice must—
a: specify the legal description of the land; and
b: identify any computer register that contains the land; and
c: specify the street address for the land or, if it does not have a street address, include a description or a diagram with enough information to enable a person not familiar with the land to locate and inspect it.
4: To avoid doubt, a notice given under this section does not, of itself, mean that an obligation has arisen under—
a: section 564(3) Education and Training Act 2020 sections 40 to 42 Education and Training Act 2020
b: sections 23(1) 24(4)
c: section 40 Section 119(4)﻿(a) amended 1 August 2020 section 668 Education and Training Act 2020
120: Notice to LINZ of land ceasing to be RFR land
1: Notice must be given in accordance with this section if, after the RFR date,—
a: any RFR land contained in a computer register is to cease to be RFR land under section 96(2)
b: any non-exclusive RFR land contained in a computer register is to cease to be non-exclusive RFR land under section 97(2)
2: The RFR landowner must give notice to the chief executive of LINZ—
a: that the land is to cease being RFR land; and
b: that specifies the legal description of the land; and
c: that identifies the computer register that contains the land.
3: A notice given under subsection (1)﻿(a) must—
a: be given as early as practicable before the transfer or vesting; and
b: specify the details of the transfer or vesting of the land that will result in the land ceasing to be RFR land.
4: A notice given under subsection (1)﻿(b) must—
a: be given as early as practicable after the land ceases to be RFR land; and
b: include a copy of the notification given by the Minister for Treaty of Waitangi Negotiations under section 96(3)
121: Notice requirements
Schedule 4
a: an RFR landowner; or
b: a governance entity. Notations identifying RFR land
122: Notations to be recorded on computer registers for RFR land
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers for,—
a: the RFR land for which there is a computer register on the RFR date for the land; and
b: the RFR land for which a computer register is first created after the RFR date for the land; and
c: land for which there is a computer register and that becomes RFR land after the RFR date for the land.
2: A certificate must be issued as soon as is reasonably practicable after—
a: the RFR date for the land, in the case of RFR land for which there is a computer register on that date; or
b: receiving a notice under section 117
3: Each certificate must state that it is issued under this section.
4: The chief executive must provide a copy of each certificate, as soon as is reasonably practicable after issuing the certificate, if the certificate—
a: is for exclusive RFR land, to the trustees:
b: is for the Auckland Prison,—
i: to the trustees; and
ii: if approving TKaM settlement legislation has been enacted, to the TKaM governance entity:
c: is for non-exclusive RFR land,—
i: to the trustees; and
ii: if approving Marutūāhu settlement legislation has been enacted, to the Marutūāhu governance entity.
5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record as a memorial on the computer register for the RFR land identified in the certificate that the land is—
a: RFR land as defined in section 96
b: subject to this subpart (which restricts disposal, including leasing, of the land).
123: Removal of notations when land to be transferred or vested
1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice given under section 120(1)﻿(a)
a: specifies the legal description of the land; and
b: identifies the computer register for the land; and
c: specifies the details of the transfer or vesting of the land; and
d: states that it is issued under this section.
2: The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice given under section 120(1)﻿(b)
a: specifies the legal description of the land described in the notice; and
b: identifies the computer register that contains the land; and
c: includes a copy of the notice given under section 97(2)
d: states that it is issued under this section.
3: The chief executive must provide a copy of each certificate, as soon as is reasonably practicable after issuing the certificate, in accordance with the requirements of section 122(4)
4: If the Registrar-General receives a certificate issued under subsection (1) or (2), the Registrar-General must remove any memorial recorded under section 122
a: immediately before registering the transfer or vesting described in the certificate, if the certificate is issued under subsection (1); and
b: as soon as is reasonably practicable after receiving the certificate, if the certificate is issued under subsection (2).
124: Removal of notations when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that—
a: identifies each computer register that still has a memorial recorded on it under section 122
b: states that it is issued under this section.
2: The chief executive must provide a copy of each certificate as soon as is reasonably practicable after issuing it, in accordance with the requirements of section 122(4)
3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any memorial recorded under section 122 General provisions
125: Waiver and variation
1: A governance entity may, by notice to an RFR landowner, waive any or all of the rights the governance entity has in relation to the landowner under this subpart.
2: An RFR landowner and the governance entity may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
3: The following entities may agree in writing that one of them may exercise any right provided for by this subpart that may be exercised by both of them or by the other:
a: the trustees and the TKaM governance entity:
b: the trustees and the Marutūāhu governance entity.
4: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
126: Assignment of rights and obligations under this subpart
1: Subsection (3) applies if an RFR holder—
a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional documents; and
b: has given the notices required by subsection (2).
2: Notices must be given to each RFR landowner—
a: stating that the RFR holder's rights and obligations under this subpart are being assigned under this section; and
b: specifying the date of the assignment; and
c: specifying the names of the assignees and, if they are the trustees of a trust, the name of the trust; and
d: specifying the street address, postal address, fax number, or email address for notices to the assignees.
3: This subpart and Schedule 4
4: In this section,— constitutional documents RFR holder
a: they are the trustees; or
b: they have previously been assigned those rights and obligations under this section.
127: Disposal of Crown bodies not affected
This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.
4: Other redress
128: Helensville land vested
1: In this section, Helensville land Gazette
2: The fee simple estate in the Helensville land vests in the trustees of the Development Trust.
3: Sections 16 17 31 to 34
4: LINZ is the land holding agency for the Helensville land.
129: 23 Commercial Road/1 Rata Street and 3 Rata Street vested
1: In this section, the land at 23 Commercial Road/1 Rata Street and 3 Rata Street is the land at that location, in the North Auckland Land District, described as follows:
a: 0.0455 hectares, more or less, being Section 1B Block XIV Kaipara Survey District. All computer freehold register NA 171/281; and
b: 0.1687 hectares, more or less, being Part Section 1C Block XIV Kaipara Survey District. Balance computer freehold register NA 958/23.
2: The reservation of the part of the land at 23 Commercial Road/1 Rata Street and 3 Rata Street that is reserved—
a: as a park, public garden, and recreation ground subject to the Reserves Act 1977
b: as a library site subject to the Reserves Act 1977
3: The fee simple estate in the land at 23 Commercial Road/1 Rata Street and 3 Rata Street vests in the trustees of the Development Trust.
4: The vesting by subsection (3) does not include any improvements on the land that are owned by the Auckland Council.
5: Sections 16 17 31(5) 32 to 34
6: The Registrar-General must, in accordance with a written application from the Secretary for Justice,—
a: register the trustees of the Development Trust as the proprietors of the fee simple estate in the land described in subsection (1); and
b: record any entry on the computer freehold register, and do anything else that is necessary to give effect to this section and part 7 of the deed of settlement.