Taranaki Iwi Claims Settlement Act 2016

1: Title
This Act is the Taranaki Iwi Claims Settlement Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary matters, acknowledgements and apology, and settlement of historical claims
Preliminary matters
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and apology given by the Crown to Taranaki Iwi in the deed of settlement; and
b: to give effect to certain provisions of the deed of settlement that settles the historical claims of Taranaki Iwi.
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; or
b: a power to be exercised under the provision on that date; or
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: sets out the purpose of this Act; and
b: provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and
c: specifies that the Act binds the Crown; and
d: sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Taranaki Iwi, as recorded in the deed of settlement; and
e: defines terms used in this Act, including key terms such as Taranaki Iwi and historical claims; and
f: provides that the settlement of the historical claims is final; and
g: provides for—
i: the effect of the settlement of the historical claims 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
iv: the exclusion of the limit on the duration of a trust
v: access to the deed of settlement.
3: Part 2
a: cultural redress that does not involve the vesting of land, namely,—
i: protocols for conservation, fisheries, and taonga tūturu on the terms set out in the documents schedule; and
ii: a statutory acknowledgement by the Crown of the statements made by Taranaki Iwi of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement, together with deeds of recognition for the specified areas; and
iii: the provision of official geographic names; and
b: cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties.
4: Part 3
5: Part 4
6: There are 3 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3 Section 6(2)﻿(g)﻿(iv) amended 30 January 2021 section 161 Trusts Act 2019 Summary of historical account, acknowledgements, and apology of the Crown
7: Summary of historical account, acknowledgements, and apology
1: Section 8
2: Sections 9 10
8: Summary of historical account
1: Prior to 1860, Taranaki Iwi were participating successfully in the trading economy and retained control over much of their customary land. In 1860, the Crown’s purchase of land at Waitara, despite strong opposition from the significant rangatira Wiremu Kingi te Rangitaake, led to war between Taranaki Māori and the Crown. During the war, Crown forces shelled coastal Taranaki Iwi settlements and employed scorched earth
2: In early 1863, Crown troops reoccupied Tataraimaka and Ōmata. In May 1863, some Taranaki Māori attacked soldiers moving between the blocks, killing 9. War resumed, and in the following 3 years Crown forces again destroyed Taranaki Iwi settlements and cultivations. Taranaki Iwi people suffered severe distress and hardship, and many lost their lives.
3: In 1865, the Crown proclaimed 1.2 million acres of Taranaki land confiscated, including all of the Taranaki Iwi rohe not already purchased. The confiscations were indiscriminate, depriving both loyal rebel loyal
4: In 1866, Te Whiti o Rongomai and Tohu Kākahi established a settlement at Parihaka in the heart of the Taranaki Iwi rohe, where they began to develop a community which adopted and employed non-violent measures to resist further land loss and promote Māori independence. The Crown came to view this community and its approach as a challenge to its authority. In 1878, tensions increased after Hiroki, a fugitive from the law who was later hanged in New Plymouth gaol, took refuge at Parihaka, and after surveyors failed to mark out reserves promised to Māori in southern Taranaki. In March 1879, Te Whiti ordered the surveyors to be peacefully evicted.
5: In May 1879, followers of Te Whiti and Tohu began to plough land across Taranaki, as an assertion of their rights to the land. By the end of July, 182 ploughmen had been arrested. Only 46 received a trial, but all were detained in harsh conditions in South Island prisons for at least 14 months, and some for 2 years. In June 1880, Crown forces began to construct a road through cultivations near Parihaka. Between July and September 1880, 223 more Māori were arrested for placing fences across the road in an attempt to protect the cultivations. Only 59 fencers received a trial, but again all were sent to South Island prisons. Over this period, Parliament passed legislation to enable the continuing detention of those prisoners who had not been tried.
6: In July 1881, people from Parihaka and surrounding Taranaki Iwi settlements erected fences around traditional cultivation sites that the Crown had sold to settlers. On 5 November 1881, more than 1 500 Crown troops, led by the Native Minister, invaded Parihaka and then dismantled the settlement and forcibly removed many of its inhabitants. Te Whiti and Tohu were arrested and held without trial for 16 months.
7: In 1881, the West Coast Commission found that the Crown had failed to fulfil promises about Māori reserves, and recommended that some reserves be granted. However, reserves were not returned to Māori outright, but were placed under the administration of the Public Trustee, who then sold or leased in perpetuity large areas to European farmers. Through the 20th century, a number of legislative acts further undermined the ability of Taranaki Iwi people to retain or control their remaining lands. Today, less than 5 percent of the reserved lands are in Māori freehold ownership, and approximately 50 000 acres remain leased in perpetuity. The massive loss of land has limited the ability of Taranaki Iwi to participate in society on equal terms with many other New Zealanders.
9: Acknowledgements
1: The Crown acknowledges that recognition of the historical grievances of Taranaki Iwi is long overdue. The Crown hereby recognises the legitimacy of the historical grievances of Taranaki Iwi and makes the following acknowledgements.
2: The Crown acknowledges that prior to 1860, Taranaki Iwi were participating successfully in the trading economy and retained control over the majority of their customary lands and resources while engaging with te ao hou (the new world).
3: The Crown acknowledges that—
a: the cumulative effect of the Crown’s actions in purchasing land in Taranaki created tensions that led to the outbreak of war between the Crown and Māori in 1860; and
b: Taranaki Iwi suffered the destruction of their homes, property, and cultivations as a result of Crown actions during the wars, which included the shelling of a number of coastal Taranaki Iwi kainga and the use of scorched earth
c: the Crown built military fortifications on Taranaki Iwi land; and
d: Taranaki Iwi suffered loss of life and severe hardship during the Taranaki wars; and
e: the Taranaki wars constituted an injustice and were in breach of the Treaty of Waitangi and its principles.
4: The Crown acknowledges that in 1866 it forced Taranaki Iwi rangatira including Wiremu Kingi Matakatea and Te Ua Haumene to swear oaths of allegiance to the Crown, and then detained Te Ua for 4 months in an attempt to undermine his mana and reduce the influence of the Paimārire movement.
5: The Crown acknowledges that—
a: Taranaki Iwi as a whole were not in rebellion, and the Crown unfairly treated them as being in rebellion when it proclaimed all of their land confiscated in 1865; and
b: the confiscations had a devastating effect on the mana, welfare, economy, culture, and social development of Taranaki Iwi; and
c: as a result of the confiscations, many Taranaki Iwi were displaced and deprived of access to their wāhi tapu and sites of ancestral significance, traditional sources of food, and other resources on that land; and
d: the confiscations were indiscriminate in extent and application, wrongful and unjust, and were in breach of the Treaty of Waitangi and its principles.
6: The Crown acknowledges that the prejudicial effects of the war and confiscations were compounded by the inadequacies in the compensation process, including—
a: the allocation of confiscated land to military settlers in the Taranaki Iwi rohe before the Compensation Court began its hearings; and
b: the Compensation Court making its awards to Taranaki Iwi individuals rather than to iwi or hapū, which was not consistent with customary land tenure. This system was imposed on Taranaki Iwi and their views were not sought; and
c: the failure to fulfil promises to return land to Taranaki Iwi for over 15 years.
7: The Crown acknowledges that—
a: its failure to return lands in a timely manner caused uncertainty and distress for Taranaki Iwi about where they were to live; and
b: it compounded this confusion by making takoha payments to Taranaki Māori which involved no proper investigation of Māori customary rights, and no clear definition of the land supposedly being secured.
8: The Crown acknowledges that—
a: the residents and leaders of Parihaka sought to establish and maintain an autonomous community on their own land, while promoting peaceful engagement between Taranaki Māori and Pākehā; and
b: it came to view the influence of Parihaka and its leaders as a challenge to the authority of the Crown, and its ability to extend European settlement in Taranaki.
9: The Crown acknowledges that—
a: it imprisoned members of Taranaki Iwi and other Māori of Taranaki for their participation in the peaceful resistance campaign initiated at Parihaka in 1879 and 1880; and
b: legislation was enacted which suspended the ordinary course of law
c: the detention of those prisoners without trial for an unreasonably lengthy period assumed the character of indefinite detention; and
d: the imprisonment of 405 men of Taranaki Iwi and other iwi in South Island gaols for political reasons inflicted unwarranted hardships on them and on members of their whānau and hapū, including the women who sustained Parihaka in their absence; and
e: the treatment of these political prisoners—
i: was wrongful, a breach of natural justice, and deprived them of basic human rights; and
ii: was a breach of the Treaty of Waitangi and its principles.
10: The Crown acknowledges that—
a: it inflicted serious damage on Parihaka and assaulted the human rights of the people residing there during its invasion and subsequent occupation of the settlement; and
b: it forcibly removed many inhabitants, destroyed and desecrated their homes and sacred buildings, stole heirlooms, and systematically destroyed large cultivations and livestock; and
c: it arrested and detained Te Whiti o Rongomai and Tohu Kākahi without trial for 16 months in the South Island; and
d: it imposed a system of passes to regulate entry into Parihaka; and
e: its actions were a complete denial of the Māori right to develop and sustain autonomous communities in a peaceful manner, and had a devastating and enduring effect on the mana, social structure, and well-being of Taranaki Iwi; and
f: its treatment of Taranaki Iwi people at Parihaka was unconscionable and unjust, and that these actions constituted a breach of the Treaty of Waitangi and its principles.
11: The Crown acknowledges that—
a: the West Coast Commissions were inadequate in their scope and therefore did not fully address the injustices perpetrated by the confiscations; and
b: the reserves created for Taranaki Iwi by the second West Coast Commission in the 1880s were—
i: virtually all returned under non-customary individualised title; and
ii: in some cases smaller than those areas promised by the Crown to Taranaki Iwi in the 1860s; and
c: the Crown’s actions with respect to the West Coast Settlement Reserves, considered cumulatively, (including the imposition of a regime of perpetually renewable leases and the sale of large quantities of Taranaki Iwi land by the Public and Māori Trustee)—
i: ultimately deprived Taranaki Iwi of the control and ownership of the lands reserved for them in Taranaki; and
ii: contributed to the impoverishment of Taranaki Iwi; and
iii: were in breach of the Treaty of Waitangi and its principles.
12: The Crown recognises the efforts and struggles of Taranaki Iwi in pursuit of their claims for redress and compensation against the Crown for 140 years. The Crown further acknowledges that,—
a: despite numerous petitions and protests about the confiscations, it was not until 1926 that a commission (the Sim Commission) was established to investigate the confiscations; and
b: the Sim Commission could not consider the lawfulness of the confiscations or assess them in terms of the Treaty of Waitangi; and
c: the payments made under the Taranaki Maori Claims Settlement Act 1944 did not sufficiently address the grievances of Taranaki Iwi.
13: The Crown acknowledges that its efforts to deal with the grievances of Taranaki Iwi in the twentieth century failed to do so in an appropriate way.
14: The Crown acknowledges that the lands and other resources confiscated from Taranaki Iwi have made a significant contribution to the wealth and development of New Zealand.
15: The Crown acknowledges that its breaches of the Treaty of Waitangi and its principles during the nineteenth and twentieth centuries have together significantly undermined the traditional systems of authority and economic capacity of Taranaki Iwi, and the physical, cultural, and spiritual well-being of its people. The Crown acknowledges that it has failed to protect the rangatiratanga of Taranaki Iwi, in breach of its obligations under Article 2 of the Treaty of Waitangi.
10: Apology
The text of the apology offered by the Crown to the tūpuna, to ngā uri o Taranaki Iwi, to the hapū and the whānau of Taranaki Iwi, as set out in the deed of settlement, is as follows:
“(a): The Crown unreservedly apologises for its failure to honour its obligations to Taranaki Iwi under Te Tiriti o Waitangi/the Treaty of Waitangi, and for failing to give appropriate respect to the mana and rangatiratanga of Taranaki Iwi.
b: The Crown deeply regrets its actions that led to the outbreak of war in Taranaki, and the lasting impact those wars have had on its relationship with Taranaki Iwi. The Crown unreservedly apologises for the many injustices carried out against Taranaki Iwi during those wars, including the shelling of settlements and the use of scorched earth tactics, and for the severe distress, hardship and death that those actions caused.
c: The Crown is deeply sorry for the immense prejudice it caused by confiscating the land that had supported Taranaki Iwi for centuries. The raupatu was indiscriminate, unjust, and unconscionable. The Crown deeply regrets the serious damage that the raupatu and its subsequent actions with respect to your remaining lands has caused to the social structure, economy, welfare, and development of Taranaki Iwi. The Crown deeply regrets the actions it took to suspend the ordinary course of law and imprison Taranaki Iwi people without trial for participating in campaigns of non-violent resistance. The Crown sincerely apologises to those tūpuna who it imprisoned far from their homes for political reasons, to the whānau who grieved and struggled to survive in the absence of their loved ones, to their uri, and to Taranaki Iwi.
d: The Crown unreservedly apologises to Taranaki Iwi, and to the Taranaki Iwi people of Parihaka past and present, for its unconscionable actions at Parihaka; for invading their settlement, for systematically dismantling their community, for destroying their ability to sustain themselves, and for assaulting their human rights. The Crown deeply regrets the immense and enduring harm that these actions caused to Parihaka and its people. Over several generations, the Crown’s breaches of Te Tiriti o Waitangi/the Treaty of Waitangi have undermined your leadership and your communities, your ability to exercise long-held rights and responsibilities, and your ability to maintain your cultural and spiritual heritage, your language, and your Taranakitanga.
e: Through this settlement and this apology, the Crown hopes to ease the heavy burden of grievance and sorrow that Taranaki Iwi has carried for so many years, and to assist Taranaki Iwi in its pursuit of a better future. To this end, the Crown looks forward to building a relationship with Taranaki Iwi based on mutual trust, co-operation, and respect for Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.” Interpretation provisions
11: 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.
12: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2(1) aquatic life section 2(1) attachments Commissioner of Crown Lands section 24AA computer register
a: has the meaning given in section 4
b: includes, where relevant, a certificate of title issued under the Land Transfer Act 1952 consent authority section 2(1) conservation area section 2(1) conservation legislation
a: the Conservation Act 1987
b: the enactments listed in Schedule 1 conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) cultural redress property section 46 deed of recognition
a: means a deed of recognition issued under section 38
i: the Minister of Conservation and the Director-General; or
ii: the Commissioner of Crown Lands; and
b: includes any amendments made under section 38(4) deed of settlement
a: means the deed of settlement dated 5 September 2015 and signed by—
i: the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William English, Minister of Finance, for and on behalf of the Crown; and
ii: Tokatumoana Kevin Walden, David Allan Tamatea, Leanne Kuraroa Horo, John Niwa, Rawinia Donna Maree Leatherby, Daniel Peter Harrison, Te Aroaro o Paritutu Fiona Patricia Tamati, being the trustees of Te Kāhui o Taranaki, for and on behalf of Taranaki Iwi; and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed or its schedules and attachments deferred selection property section 108 Director-General documents schedule effective date exclusive RFR area section 118 freshwater fisheries management plan section 2(1) historical claims section 14 interest LINZ local authority section 5(1) member of Taranaki Iwi section 13(1)﻿(a) national park management plan management plan section 2 non-exclusive RFR area section 118 property redress schedule regional council section 2(1) Registrar-General section 4 representative entity
a: the trustees; and
b: any person, including any trustee, acting for or on behalf of—
i: the collective group referred to in section 13(1)﻿(a)
ii: 1 or more members of Taranaki Iwi; or
iii: 1 or more of the whānau, hapū, or groups referred to in section 13(1)﻿(c) or (d) reserve section 2(1) reserve property section 46 resource consent section 2(1) RFR subpart 2 RFR land section 119(1) settlement date shared RFR area section 118 statutory acknowledgement section 29 Te Kāhui o Taranaki Te Korowai o Ngāruahine Te Kotahitanga o Te Atiawa Trust tikanga trustees of Te Kāhui o Taranaki trustees working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day:
b: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday:
c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:
d: the days observed as the anniversaries of the provinces of Taranaki and Wellington. Section 12 working day replaced 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
13: Meaning of Taranaki Iwi
1: In this Act, Taranaki Iwi
a: means the collective group composed of individuals who are descended from an ancestor of Taranaki Iwi; and
b: includes those individuals; and
c: includes any whānau, hapū, or group to the extent that it is composed of those individuals, including the following hapū:
i: Ngāti Haumia; and
ii: Ngāti Haupoto; and
iii: Ngāti Kahumate; and
iv: Ngā Mahanga a Tairi (including Ngā Mahanga and Ngāti Tairi); and
v: Ngāti Moeahu; and
vi: Ngāti Tamarongo; and
vii: Ngāti Tara; and
viii: Ngāti Tūhekerangi; and
d: includes hapū, to the extent that they are composed of those individuals, that no longer form distinct communities within Taranaki Iwi, including the following hapū:
i: Ngai Wetenga; and
ii: Ngāti Atua; and
iii: Ngāti Mana; and
iv: Ngāti Rangikōtuku; and
v: Ngāti Rongo; and
vi: Ngāti Tamakumu; and
vii: Ngāti Wharetapui; and
viii: Ngāti Rangitūmamao; and
ix: Patukai; and
x: Pōtikitaua; and
xi: Pukekohatu; and
xii: Puketoretore; and
xiii: Upokomutu; and
xiv: Waiotama.
2: In this section and section 14 ancestor of Taranaki Iwi
a: exercised customary rights by virtue of being descended from 1 or more of the following:
i: Haumia:
ii: Haupoto:
iii: Kahumate:
iv: Manaahurangi:
v: Moeahu:
vi: Pōtikiroa:
vii: Rangikōtuku:
viii: Rongotuhiata:
ix: Tairi:
x: Tamaahuroa:
xi: Tamakumu:
xii: Tamarongo:
xiii: Taratūterangi:
xiv: Wetengapito:
xv: Wharetapui:
xvi: any other recognised ancestor of a group referred to in clause 8.6 of the deed of settlement; and
b: exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840 area of interest customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources descended
a: birth; or
b: legal adoption; or
c: Māori customary adoption in accordance with Taranaki Iwi tikanga.
14: Meaning of historical claims
1: In this Act, historical claims
a: means the claims described in subsection (2); and
b: includes the claims described in subsection (3); but
c: does not include the claims described in subsection (4).
2: The historical claims are every claim that Taranaki Iwi or a representative entity had on or before the settlement date, or may have after the settlement date, and that—
a: is founded on a right arising—
i: from the Treaty of Waitangi or its principles; or
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: a claim to the Waitangi Tribunal that relates exclusively to Taranaki Iwi or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:
i: Wai 152 (Taranaki Land claim); and
ii: Wai 456 (Ngāti Haumia Lands claim); and
iii: Wai 891 (Ngā Mahanga and Ngāti Tairi claim); and
iv: Wai 1740 (Taranaki Nui Tonu claim); and
v: Wai 1745 (Descendants of Wiremu Kingi Te Matakatea claim); and
vi: Wai 1919 (Descendants of Moke claim); and
b: any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Taranaki Iwi or a representative entity:
i: Wai 54 (Ngā Iwi o Taranaki claim); and
ii: Wai 126 (Motunui Plant and Petrocorp claim); and
iii: Wai 131 (Taranaki Māori Trust Board claim); and
iv: Wai 143 (Taranaki Claims (Taranaki Consolidated claims)); and
v: Wai 889 (Kaitaiaki Tangata o Te Whenua Tapu claim); and
vi: Wai 1766 (Descendants of Te Wera and Edna Coffey claim); and
vii: Wai 2044 (Ngāti Haupoto claim).
4: However, the historical claims do not include—
a: a claim that a member of Taranaki Iwi, or a whānau, hapū, or group referred to in section 13(1)﻿(c) or (d)
b: a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).
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. Historical claims settled and jurisdiction of courts, etc, removed
15: Settlement of historical claims final
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, 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. Amendment to Treaty of Waitangi Act 1975
16: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3 Taranaki Iwi Claims Settlement Act 2016, section 15(4) and (5) 2016-12-06 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply
17: Certain enactments do not apply
1: The enactments listed in subsection (2) do not apply—
a: to the land in the exclusive RFR area or the non-exclusive RFR area or the shared RFR area; or
b: for the benefit of Taranaki Iwi 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 17(2)﻿(b) replaced 1 August 2020 section 668 Education and Training Act 2020
18: 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 for, each allotment that—
a: is subject to a resumptive memorial recorded under any enactment listed in section 17(2)
b: is wholly within—
i: the exclusive RFR area or the non-exclusive RFR area or the shared RFR area; or
ii: both the exclusive RFR area and the non-exclusive RFR area (but no part of the allotment is outside those areas); or
iii: both the exclusive RFR area and the shared RFR area (but no part of the allotment is outside those areas).
2: The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after the settlement date.
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 computer register identified in the certificate; and
b: cancel each memorial recorded under an enactment listed in section 17(2) Miscellaneous matters
19: 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: Te Kāhui o Taranaki may exist in law; or
ii: the trustees 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 Te Kāhui o Taranaki is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a) Section 19 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 19(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 19(2) amended 30 January 2021 section 161 Trusts Act 2019
20: 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.
21: Provisions that have same effect
If a provision in this Act has the same effect as a provision in another Act, the provisions must be given effect to only once, as if they were 1 provision.
2: Cultural redress
1: Protocols
22: Interpretation
In this subpart,— protocol
a: means each of the following protocols issued under section 23(1)﻿(a)
i: the conservation protocol:
ii: the fisheries protocol:
iii: the taonga tūturu protocol; and
b: includes any amendments made under section 23(1)﻿(b) responsible Minister
a: for the conservation protocol, the Minister of Conservation:
b: for the fisheries protocol, the Minister for Primary Industries:
c: for the taonga tūturu protocol, the Minister for Arts, Culture and Heritage:
d: for any protocol, any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and duties in relation to the protocol. General provisions applying to protocols
23: Issuing, amending, and cancelling protocols
1: Each responsible Minister—
a: must issue a protocol to the trustees on the terms set out in part 3 of the documents schedule; and
b: may amend or cancel that protocol.
2: The responsible Minister may amend or cancel a protocol at the initiative of—
a: the trustees; or
b: the responsible Minister.
3: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.
24: Protocols subject to rights, functions, and duties
Protocols do 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, for example, the ability—
i: to introduce legislation and change Government policy; and
ii: to interact with or consult a person the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of a responsible Minister or a department of State; or
c: the legal rights of Taranaki Iwi or a representative entity.
25: Enforcement of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, 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 a protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed for the implementation of a 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). Conservation
26: Conservation protocol
1: The Director-General must note a summary of the terms of the conservation protocol in any conservation management strategy, conservation management plan, freshwater fisheries management plan, or national park management plan that affects the conservation protocol area.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not an amendment to a strategy or plan for the purposes of section 17I section 46
3: The conservation protocol does not have the effect of granting, creating, or providing evidence of—
a: rights relating to the common marine and coastal area; or
b: an estate or interest in land held, managed, or administered under the conservation legislation; or
c: an interest in, or rights relating to, flora or fauna managed or administered under the conservation legislation.
4: In this section,— common marine and coastal area section 9(1) conservation protocol area Fisheries
27: Fisheries protocol
1: The chief executive of the department of State responsible for the administration of the Fisheries Act 1996
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
3: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that are held, managed, or administered under any of the following enactments:
a: the Fisheries Act 1996
b: the Maori Commercial Aquaculture Claims Settlement Act 2004
c: the Maori Fisheries Act 2004
d: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
4: In this section,— fisheries plan section 11A fisheries protocol area Taonga tūturu
28: Taonga tūturu protocol
1: The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
2: In this section, taonga tūturu
a: has the meaning given in section 2(1)
b: includes ngā taonga tūturu, as defined in section 2(1)
2: Statutory acknowledgement and deeds of recognition
29: Interpretation
In this subpart,— relevant consent authority statement of association
a: made by Taranaki Iwi of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
b: set out in part 1 of the documents schedule statutory acknowledgement section 30 statutory area Schedule 1 statutory plan
a: means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement as defined in section 43AA
b: includes a proposed plan, as defined in section 43AAC Statutory acknowledgement
30: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
31: Purposes of statutory acknowledgement
The only purposes of the statutory acknowledgement are—
a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 32 to 34
b: to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 35 36
c: to enable the trustees and any member of Taranaki Iwi to cite the statutory acknowledgement as evidence of the association of Taranaki Iwi with a statutory area, in accordance with section 37
32: 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
33: Environment Court to have regard to statutory acknowledgement
1: This section applies to proceedings in the Environment Court 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, 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
34: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: This section applies to an application made under section 44 56 61
2: On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48 56 62
3: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area—
a: in determining whether the trustees are persons directly affected by the decision; and
b: in determining, under section 59(1) 64(1)
4: In this section, archaeological site section 6
35: Recording statutory acknowledgement on statutory plans
1: On and from the effective date, each 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: a copy of sections 30 to 34 36 37
b: descriptions of the statutory areas wholly or partly covered by the plan; and
c: the statement of association for each statutory area.
3: The attachment of information to a statutory plan under this section is for the purpose of public information only 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
36: Provision of summary or notice to trustees
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: if the application is received by the consent authority, a summary of the application; or
b: if notice of 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 by limited notification under section 95B
3: The summary must be provided—
a: as soon as is reasonably practicable after the relevant consent authority receives the application; 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 consent authority receives the notice.
5: The trustees may, by written notice to a relevant consent authority,—
a: waive the right to be provided with a summary or copy of a notice under this section; and
b: state the scope of that waiver and the period it applies for.
6: This section does not affect the obligation of a relevant consent authority to decide,—
a: under section 95
b: under section 95E
37: Use of statutory acknowledgement
1: The trustees and any member of Taranaki Iwi may, as evidence of the association of Taranaki Iwi with a statutory area, cite the statutory acknowledgement that relates 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, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.
4: To avoid doubt,—
a: neither the trustees nor members of Taranaki Iwi are precluded from stating that Taranaki Iwi 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. Deeds of recognition
38: Issuing and amending deeds of recognition
1: This section applies in respect of the statutory areas listed in Part 2
2: The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 2 of the documents schedule for the statutory areas administered by the Department of Conservation.
3: The Commissioner of Crown Lands must issue a deed of recognition in the form set out in part 2 of the documents schedule for the statutory areas administered by the Commissioner.
4: The person or persons who issue a deed of recognition may amend the deed, but only with the written consent of the trustees. General provisions relating to statutory acknowledgement and deeds of recognition
39: Application of statutory acknowledgement and deed of recognition to river or stream
1: If any part of the statutory acknowledgement applies to a river or stream, including a tributary, that part of the acknowledgement—
a: applies only to—
i: the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and
ii: the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; and
b: does not apply to—
i: a part of the bed of the river or stream that is not owned by the Crown; or
ii: an artificial watercourse.
2: If any part of a deed of recognition applies to a river or stream, including a tributary, that part of the deed—
a: applies only to the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; and
b: does not apply to—
i: a part of the bed of the river or stream that is not owned and managed by the Crown; or
ii: the bed of an artificial watercourse.
40: Exercise of powers and performance of functions and duties
1: The statutory acknowledgement and a deed of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw.
2: A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Taranaki Iwi with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.
3: Subsection (2) does not limit subsection (1).
4: This section is subject to—
a: the other provisions of this subpart; and
b: any obligation imposed on the Minister of Conservation, the Director-General, or the Commissioner of Crown Lands by a deed of recognition.
41: Rights not affected
1: The statutory acknowledgement and a deed of recognition—
a: do not affect the lawful rights or interests of a person who is not a party to the deed of settlement; and
b: do not 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 to Resource Management Act 1991
42: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Taranaki Iwi Claims Settlement Act 2016 2016-12-06 Resource Management Act 1991
3: Official geographic names
43: Interpretation
In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 Crown protected area section 4 official geographic name section 4 part of the Tataraimaka Pa Historic Reserve Gazette
44: Name changes for Crown protected areas
1: The name of the St George’s Redoubt Historic Reserve is changed to Tataraimaka / St George’s Redoubt Historic Reserve.
2: The name of part of the Tataraimaka Pa Historic Reserve is changed to Tataraimaka Urupā Historic Reserve.
3: The name of the Patua Scenic Reserve is changed to Patuhā Scenic Reserve.
4: The name of the Sugar Loaf Islands Sanctuary is changed to—
a: Ngā Motu / Sugar Loaf Islands Sanctuary, in respect of the part defined by section 7(2)
b: Ngā Motu / Sugar Loaf Islands Conservation Park, in respect of the part defined by section 7(3)
5: The new names given to the Crown protected areas under subsections (1) to (4) are to be treated as if—
a: they were official geographic names that take effect on the settlement date; and
b: they had first been reviewed and concurred with by the Board under subpart 3
45: Obligations relating to names changed under section 44
1: The Board must, as soon as practicable after the settlement date,—
a: give public notice, in accordance with section 21(2) and (3) section 44
b: state in the notice that the new name became an official geographic name on the settlement date.
2: The official geographic name of a Crown protected area named under section 44 subpart 3
4: Vesting of cultural redress properties
46: Interpretation
In this subpart,— cultural redress property Schedule 2 Properties vested in fee simple
1: Arawhata property:
2: Cape Egmont Lighthouse property:
3: Cape Egmont site A:
4: Kahui site A:
5: Kahui site B:
6: Opunake site A:
7: Ōrimupiko / Headlands site A:
8: Pungarehu property:
9: Puniho property:
10: Rahotu site A:
11: Rahotu site B:
12: Rahotu site C:
13: Warea site A:
14: Warea site B: Properties vested in fee simple to be administered as reserves
15: Cape Egmont site B:
16: Maitahi property:
17: Manihi Road property:
18: Ōākura Coast property:
19: Ōāonui property:
20: Okahu Stream property:
21: Ōkato Coast property:
22: Ōmata Stockade:
23: Opunake site B:
24: Ōrimupiko / Headlands site B:
25: Sutton Road site A:
26: Sutton Road site B:
27: Tapuinīkau Pā:
28: Tataraimaka Pā:
29: Te Koru Pā: Ngā Motu: properties jointly held in fee simple
30: Ngā Motu, which comprise,—
a: as 1 property, Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock):
b: as 1 property, Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock):
c: as 1 property, Koruanga / Motukuku and Tokatapu reserve property Properties vested in fee simple
47: Arawhata property
1: The reservation of the Arawhata property as a local purpose reserve subject to the Reserves Act 1977
2: The fee simple estate in the Arawhata property vests in the trustees.
48: Cape Egmont Lighthouse property
1: The fee simple estate in the Cape Egmont Lighthouse property vests in the Crown as Crown land subject to the Land Act 1948
2: The fee simple estate in the Cape Egmont Lighthouse property vests in the trustees.
3: Subsections (1) and (2) do not take effect until the trustees have provided Maritime New Zealand with a registrable lease on the terms and conditions set out in part 6.1 of the documents schedule.
4: To avoid doubt, the vesting of the Cape Egmont Lighthouse property by subsection (2) does not include the improvements on or in the Cape Egmont Lighthouse property.
49: Cape Egmont site A
1: Cape Egmont site A ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Cape Egmont site A vests in the trustees.
50: Kahui site A
1: The reservation of Kahui site A as a reserve subject to the Reserves Act 1977
2: The fee simple estate in Kahui site A vests in the trustees.
51: Kahui site B
1: The reservation of Kahui site B as a reserve subject to the Reserves Act 1977
2: The fee simple estate in Kahui site B vests in the trustees.
52: Opunake site A
1: The reservation of Opunake site A as a reserve for an endowment for primary education subject to the Reserves Act 1977
2: Opunake site A ceases to be a conservation area subject to the Conservation Act 1987
3: The fee simple estate in Opunake site A vests in the trustees.
4: Subsections (1) to (3) do not take effect until the trustees have provided the South Taranaki District Council with a registrable easement in gross for a right to drain and convey stormwater on the terms and conditions set out in part 5.1 of the documents schedule.
53: Ōrimupiko / Headlands site A
1: The reservation of Ōrimupiko / Headlands site A as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Ōrimupiko / Headlands site A vests in the trustees.
3: Subsections (1) and (2) do not take effect until the trustees have provided the South Taranaki District Council with a registrable easement in gross for a right of way on the terms and conditions set out in part 5.5 of the documents schedule.
54: Pungarehu property
1: The reservation of the Pungarehu property as a reserve subject to the Reserves Act 1977
2: The fee simple estate in the Pungarehu property vests in the trustees.
55: Puniho property
1: The reservation of the Puniho property as a reserve subject to the Reserves Act 1977
2: The fee simple estate in the Puniho property vests in the trustees.
56: Rahotu site A
1: The reservation of Rahotu site A as a reserve subject to the Reserves Act 1977
2: The fee simple estate in Rahotu site A vests in the trustees.
3: The culvert with concrete pad shown on the occupation diagram on the cadastral survey dataset of SO 495021 does not vest in the trustees, despite the vesting under subsection (2).
57: Rahotu site B
1: The reservation of Rahotu site B as a reserve subject to the Reserves Act 1977
2: The fee simple estate in Rahotu site B vests in the trustees.
58: Rahotu site C
1: The reservation of Rahotu site C as a reserve subject to the Reserves Act 1977
2: The fee simple estate in Rahotu site C vests in the trustees.
59: Warea site A
1: The reservation of Warea site A as a reserve subject to the Reserves Act 1977
2: The fee simple estate in Warea site A vests in the trustees.
60: Warea site B
1: The reservation of Warea site B as a reserve subject to the Reserves Act 1977
2: The fee simple estate in Warea site B vests in the trustees. Properties vested in fee simple to be administered as reserves
61: Cape Egmont site B
1: Cape Egmont site B ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Cape Egmont site B vests in the trustees.
3: Cape Egmont site B is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Pungarehu Coast Historic Reserve.
62: Maitahi property
1: The reservation of the Maitahi property as a scientific reserve (being Maitahi Scientific Reserve) subject to the Reserves Act 1977
2: The fee simple estate in the Maitahi property vests in the trustees.
3: The Maitahi property is declared a reserve and classified as a scientific reserve subject to section 21
4: The reserve is named Maitahi Scientific Reserve.
63: Manihi Road property
1: The reservation of the Manihi Road property as a reserve subject to the Reserves Act 1977
2: The fee simple estate in the Manihi Road property vests in the trustees.
3: The Manihi Road property is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Manihi Historic Reserve.
64: Ōākura Coast property
1: The part of the Ōākura Coast property that is a conservation area under the Conservation Act 1987
2: The Ōākura Coast property (other than the part referred to in subsection (1)) vests in the Crown as Crown land subject to the Land Act 1948
3: The fee simple estate in the Ōākura Coast property vests in the trustees.
4: The Ōākura Coast property is declared a reserve and classified as a historic reserve subject to section 18
5: The reserve is named Ōākura Coast Historic Reserve.
65: Ōāonui property
1: The reservation of the Ōāonui property (being Oaonui Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Ōāonui property vests in the trustees.
3: The Ōāonui property is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Ōāonui Historic Reserve.
66: Okahu Stream property
1: The reservation of the Okahu Stream property as a reserve subject to the Reserves Act 1977
2: The fee simple estate in the Okahu Stream property vests in the trustees.
3: The Okahu Stream property is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Ōkahu Historic Reserve.
67: Ōkato Coast property
1: The Ōkato Coast property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Ōkato Coast property vests in the trustees.
3: The Ōkato Coast property is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Ōkato Coast Historic Reserve.
68: Ōmata Stockade
1: The reservation of the Ōmata Stockade (being Omata Stockade Historic Reserve) as a historic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Ōmata Stockade vests in the trustees.
3: The Ōmata Stockade is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Ngāturi Pā / Ōmata Stockade Historic Reserve.
69: Opunake site B
1: Opunake site B ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Opunake site B vests in the trustees.
3: Opunake site B is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Opunake Coast Historic Reserve.
5: Subsections (1) to (4) do not take effect until the trustees have provided the South Taranaki District Council with—
a: a registrable easement in gross for a right to drain and convey stormwater on the terms and conditions set out in part 5.2 of the documents schedule; and
b: a registrable easement in gross for a right to drain sewage on the terms and conditions set out in part 5.3 of the documents schedule; and
c: a registrable easement in gross for a right of way on the terms and conditions set out in part 5.4 of the documents schedule.
6: Despite the provisions of the Reserves Act 1977
a: are enforceable in accordance with their terms; and
b: are to be treated as having been granted in accordance with the Reserves Act 1977
70: Ōrimupiko / Headlands site B
1: The reservation of Ōrimupiko / Headlands site B as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Ōrimupiko / Headlands site B vests in the trustees.
3: Ōrimupiko / Headlands site B is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Ōrimupiko Historic Reserve.
5: Subsections (1) to (4) do not take effect until the trustees have provided the South Taranaki District Council with a registrable easement in gross for a right of way on the terms and conditions set out in part 5.5 of the documents schedule.
6: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms and conditions; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
71: Sutton Road site A
1: Sutton Road site A ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Sutton Road site A vests in the trustees.
3: Sutton Road site A is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Waireka Historic Reserve.
72: Sutton Road site B
1: The reservation of Sutton Road site B as a reserve subject to the Reserves Act 1977
2: The fee simple estate in Sutton Road site B vests in the trustees.
3: Sutton Road site B is declared a reserve and classified as a local purpose reserve, for the purpose of foreshore, subject to section 23
4: The reserve is named Waireka Local Purpose (Foreshore) Reserve.
73: Tapuinīkau Pā
1: The reservation of Tapuinīkau Pā (being Tapuinikau Pa Historic Reserve) as a historic reserve subject to the Reserves Act 1977
2: The fee simple estate in Tapuinīkau Pā vests in the trustees.
3: Tapuinīkau Pā is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Tapuinīkau Pā Historic Reserve.
74: Tataraimaka Pā
1: The reservation of Tataraimaka Pā (being part of Tataraimaka Pa Historic Reserve) as a historic reserve subject to the Reserves Act 1977
2: The fee simple estate in Tataraimaka Pā vests in the trustees.
3: Tataraimaka Pā is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Tataraimaka Pā Historic Reserve.
75: Te Koru Pā
1: The reservation of Te Koru Pā (being Te Koru Pa Historic Reserve) as a historic reserve subject to the Reserves Act 1977
2: The fee simple estate in Te Koru Pā vests in the trustees.
3: Te Koru Pā is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Te Koru Pā Historic Reserve. Ngā Motu: properties held jointly in fee simple
76: Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock)
Despite section 74 section 65(5)﻿(b) section 65(6) and (7) of that Act
77: Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock)
Despite section 74 section 66(3)﻿(b) section 66(4) and (5) of that Act
78: Koruanga / Motukuku and Tokatapu
Despite section 74 section 67(3)﻿(b) section 67(4) and (5) of that Act
79: Shares in Ngā Motu properties transfer only after vesting in trustees of Te Kotahitanga o Te Atiawa Trust
Sections 76 to 78 93 94 sections 65 to 73 General provisions applying to cultural redress properties (other than Ngā Motu)
80: Properties vest subject to or together with interests
Each cultural redress property (other than Ngā Motu) is subject to, or has the benefit of, any interests listed for the property in the third column of Schedule 2
81: Interests that are not interests in land
1: This section applies if a cultural redress property (other than Ngā Motu) is subject to an interest (other than an interest in land) that is listed for the property in Schedule 2
2: The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property.
3: The interest applies—
a: until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the property.
82: Registration of ownership
1: This section applies to a cultural redress property vested in the trustees under this subpart.
2: Subsection (3) applies to a cultural redress property (other than Ōrimupiko / Headlands site A, the Pungarehu property, Rahotu site A, Warea site B, and Ngā Motu), but only to the extent that the property is all of the land contained in a computer freehold register.
3: The Registrar-General must, on written application by an authorised person,—
a: register the trustees as the proprietors of the fee simple estate in the property; and
b: record any entry on the computer freehold register and do anything else necessary to give effect to this subpart and to part 5 of the deed of settlement.
4: Subsection (5) applies to a cultural redress property (other than Ngā Motu), but only to the extent that subsection (2) does not apply to the property.
5: 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 trustees; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
6: Subsection (5) is subject to the completion of any survey necessary to create a computer freehold register.
7: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but not later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing by the Crown and the trustees.
8: In this section, authorised person
a: for a cultural redress property named in paragraphs (2), (3), (7) to (15), and (24) of the definition of cultural redress property in section 46
b: for all the other cultural redress properties other than the Ngā Motu properties listed in paragraph (30) of that definition, a person authorised by the Director-General.
83: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property (other than Ngā Motu) in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: Section 24
3: If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24
4: Subsections (2) and (3) do not limit subsection (1).
84: 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 83(3) 88
b: for any other cultural redress property (other than Ngā Motu), that the land is subject to Part 4A
2: A notification made under subsection (1) that land is subject to Part 4A section 24D(1)
3: For a reserve property, if the reservation of the property under this subpart is revoked for—
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that—
i: section 24
ii: the property is subject to sections 83(3) 88
b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register for the part of the property that remains a reserve.
4: The Registrar-General must comply with an application received in accordance with subsection (3).
85: Application of other enactments
1: The vesting of the fee simple estate in a cultural redress property (other than Ngā Motu) 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 (other than Ngā Motu) under this subpart; or
b: any matter incidental to, or required for the purpose of, the vesting.
86: Names of Crown protected areas discontinued
1: Subsection (2) applies to the land, or the part of the land, in a cultural redress property (other than Ngā Motu) that, immediately before the settlement date, 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, or the part 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 Further provisions applying to reserve properties
87: Application of other enactments to reserve properties
1: The trustees are the administering body of a reserve property.
2: Sections 78(1)﻿(a) 79 to 81 88
3: If the reservation of a reserve property under this subpart is revoked under section 24 section 25(2)
4: A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
5: A reserve property must not have a name assigned to it or have its name changed under section 16(10)
88: 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
2: The fee simple estate in the reserve land may be transferred only in accordance with section 89 90
3: In this section and sections 89 to 91 reserve land
89: Transfer of reserve land to new administering body
1: The registered proprietors of the reserve land may apply in writing to the Minister of Conservation 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—
a: to comply with the requirements of the Reserves Act 1977
b: to 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 under this section,—
a: are the administering body of the reserve land; and
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.
90: Transfer of reserve land to trustees of existing administering body 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 the 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 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) apply.
91: Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
92: Saving of bylaws, etc, in relation to reserve properties
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 General provisions applying to transfer of Ngā Motu
93: Registration of ownership of Ngā Motu
1: The Registrar-General must, on written application by the chief executive of the Ministry of Justice,—
a: register the trustees as the proprietors of the undivided half share of the fee simple estate in each Ngā Motu property vested by sections 65(5)﻿(b) 66(3)﻿(b) 67(3)﻿(b)
b: record any entry on the computer freehold register for the undivided half share of the fee simple estate in each Ngā Motu property referred to in paragraph (a) and do anything else necessary to give effect to this subpart and part 5 of the deed of settlement.
2: The Registrar-General must remove the following notifications from the computer freehold register for each Ngā Motu property:
a: the notification placed on the register under section 71(2)﻿(b) section 74
b: the notification placed on the register under section 71(3)﻿(d)
3: The Registrar-General must record on each computer freehold register for the Ngā Motu properties that the land is subject to section 94
94: Transfer of Ngā Motu if trustees change
The registered proprietors of a Ngā Motu property (or the registered proprietor if a Ngā Motu property is registered in the name of Rua Taranaki) may transfer the fee simple estate in the Ngā Motu property, but only if—
a: the transferors of the Ngā Motu property are or were the 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 instrument to transfer the Ngā Motu property is accompanied by a certificate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply. Rua Taranaki title
95: Change of name of registered proprietor
1: This section and section 96 Land Transfer Act 1952 eligible property
2: Despite the Land Transfer Act 1952
a: be registered in the name of Rua Taranaki instead of in the names of the trustees of Te Kāhui o Taranaki; or
b: be no longer registered in the name of Rua Taranaki, and instead be registered in the names of the trustees of Te Kāhui o Taranaki.
3: The Registrar-General must, as soon as is reasonably practicable after receiving a notice under subsection (2)﻿(a),—
a: register the fee simple estate in the eligible property in the name of Rua Taranaki instead of in the names of the trustees; and
b: record on the computer freehold register for the land that the land is subject to this section and section 96
4: If the Registrar-General receives a notice under subsection (2)﻿(b), the Registrar-General must—
a: register the fee simple estate in the eligible property in the names of the trustees of Te Kāhui o Taranaki; and
b: remove from the computer freehold register for the land the notification recorded under subsection (3)﻿(b).
96: Consequence of change of name of registered proprietor
If the fee simple estate in an eligible property is registered under the Land Transfer Act 1952
a: the trustees of Te Kāhui o Taranaki will continue to have all the rights, duties, and powers of the registered proprietor of that land; and
b: the trustees must exercise and perform those rights, duties, and powers in their own names and not in the name of Rua Taranaki; and
c: the Registrar-General must have regard to paragraphs (a) and (b).
5: Regional council representation
97: Interpretation
In this subpart,— arrangements committee
a: the committee responsible for policy and planning functions:
b: the committee responsible for regulatory functions Council criteria and process for iwi appointments iwi of Taranaki
a: Ngāti Tama; and
b: Ngāti Mutunga; and
c: Ngāti Ruanui; and
d: Ngā Rauru Kītahi; and
e: Taranaki Iwi; and
f: Ngāti Maru; and
g: Ngāruahine; and
h: Te Atiawa.
98: Purpose and objectives
1: The purpose of this subpart is to provide an effective mechanism for the iwi of Taranaki to contribute to the decision-making processes of the Council.
2: The objectives of this subpart are to encourage and enable the iwi of Taranaki—
a: to participate directly in the decision-making processes of the Council; and
b: to contribute directly to a wide range of the Council’s policy, regulatory, and advocacy functions; and
c: to have an effective and workable representation that is cost-effective for the Council and of benefit to both the Council and the iwi of Taranaki.
99: Iwi representation on Council committee
1: The iwi of Taranaki may nominate—
a: 3 iwi members for appointment to the committee of the Council that is responsible for policy and planning functions; and
b: 3 iwi members for appointment to the committee of the Council that is responsible for regulatory functions.
2: The nominations must be made in accordance with the criteria and process for iwi appointments.
3: The Council must appoint the members nominated under subsection (1) to the appropriate committee.
4: The members appointed under subsection (3)—
a: have the same status as members appointed by the Council under clause 31
b: are entitled to the same remuneration and expenses as are payable to the other members of the committee to which they are appointed.
100: Members to act in interests of committee
Committee members who are appointed under section 99(3)
101: Change in committee structure
1: This subpart does not prevent the Council from adopting a different structure for a committee, including a structure that may result in a committee being discontinued, or some or all of the functions of a committee being removed, modified, or carried out by a new or an existing committee.
2: However,—
a: before making any change to the structure of a committee, the Council must consult the iwi of Taranaki; and
b: the Council must ensure that any changes to the structure of a committee do not diminish the nature of the representation of the iwi of Taranaki that is set out in the deed of settlement.
3: Any dispute about the effect of a change to the structure of a committee on the representation of the iwi of Taranaki must be referred to—
a: the chief executive of Te Kāhui o Taranaki; and
b: the chief executive of the governance entity for any of the other iwi of Taranaki that are participating in the arrangements; and
c: the chief executive of the Council.
4: The chief executives must work towards the resolution of the dispute in a manner that reflects the purpose and objectives set out in section 98
6: Post-settlement redress properties
102: Interpretation
In this subpart,— agreement for sale and purchase agreement Headlands South post-settlement redress property property
103: Basis for transfer of post-settlement redress properties
1: This subpart takes effect if the trustees and the South Taranaki District Council are or become, within 5 years after the settlement date, parties to an agreement for the sale and purchase of any post-settlement redress property.
2: A property to which subsection (1) applies must be transferred on the terms provided by the agreement.
3: Immediately before the transfer of a property to the trustees,—
a: the reservation (if any) of the property as a reserve subject to the Reserves Act 1977
b: if the property is Headlands South, the property vests in the South Taranaki District Council.
4: Sections 24 25
104: Conditions of transfer of reserve properties
1: If an agreement for sale and purchase specifies that a property is to transfer subject to the property being a reserve under the Reserves Act 1977
a: the classification of the property and, if relevant, the purpose for which the property is classified under the Reserves Act 1977, as specified in the agreement; and
b: that the property is to be subject to section 88
2: Upon the transfer of a property to which subsection (1) applies, the property—
a: has the classification and, if relevant, the purpose specified in the transfer instrument; and
b: must be administered in accordance with its classification under the Reserves Act 1977
c: has the name (if any) specified in the Gazette
3: As soon as is reasonably practicable after the transfer of a property to which subsection (1) applies, a person authorised by the chief executive of the South Taranaki District Council must publish a notice in the Gazette
a: the legal description of the property; and
b: the date on which the property was transferred and became a reserve; and
c: the classification of the reserve and, if relevant, the purpose of the reserve; and
d: the name (if any) of the reserve.
4: The trustees are the administering body of a reserve transferred under this section, and the Reserves Act 1977 section 26
5: Sections 87(2), (4), and (5) 88 to 92 subpart 4
105: Computer freehold registers for post-settlement redress properties
1: This section applies to each property that is to be transferred to the trustees under this subpart, but only to the extent that—
a: the property is not all of the land contained in a computer freehold register; or
b: there is no computer freehold register for all or part of the property.
2: The Registrar-General must, in accordance with a written application by a person authorised by the chief executive of the South Taranaki District Council,—
a: create a computer freehold register for the fee simple estate in the property in the name of the South Taranaki District Council; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but
c: omit any statement of purpose from the computer freehold register.
3: Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.
106: Matter to be recorded on certain computer freehold registers
1: The Registrar-General must, upon registration of the transfer of a post-settlement redress property that is transferred as a reserve, record on the computer freehold register that the land is subject to section 88
2: If at any time the reserve status is revoked in respect of—
a: the whole of a property transferred under this subpart, the Registrar-General must, on the written application of the Director-General, remove from the computer freehold register for that property the notification recorded under subsection (1); or
b: part of the property, the Registrar-General must ensure that the notification recorded under subsection (1) remains only on the computer freehold register for the part of the property that remains a reserve.
107: Application of other enactments
1: The permission of a council under section 348
2: Section 11 Part 10
a: the transfer of the fee simple estate in a property in accordance with this subpart; or
b: any matter incidental to, or required for the purpose of, the transfer.
3: Commercial redress
108: Interpretation
In this Part,— deferred selection property land holding agency
1: Transfer of deferred selection properties
109: The Crown may transfer properties
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—
a: to transfer the fee simple estate in a deferred selection property to the trustees; and
b: to sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
110: Cape Egmont Conservation Area
1: This section takes effect only if the Cape Egmont Conservation Area becomes a deferred selection property.
2: The Cape Egmont Conservation Area ceases to be a conservation area under the Conservation Act 1987 section 109
111: Cape Recreation Reserve
1: This section takes effect only if the Cape Recreation Reserve becomes a deferred selection property.
2: The reservation of the Cape Recreation Reserve as a recreation reserve subject to the Reserves Act 1977 section 109
112: Minister of Conservation may grant easements
1: The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a deferred selection property.
2: Any such easement 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)
113: Computer freehold registers for deferred selection properties
1: This section applies to each deferred selection property that is to be transferred to the trustees (but to no other person or entity) under section 109
2: However, this section applies only to the extent that—
a: the property is not all of the land contained in a computer freehold register; or
b: there is no computer freehold register for all or part of the property.
3: 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; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but
c: omit any statement of purpose from the computer freehold register.
4: Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.
5: In this section and section 114 authorised person
114: Authorised person may grant covenant for later creation of computer freehold register
1: For the purposes of section 113
2: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register the covenant under that Act by creating a computer interest register; and
b: the Registrar-General must comply with the request.
115: Application of other enactments
1: This section applies to the transfer to the trustees of the fee simple estate in a deferred selection 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
6: In exercising the powers conferred by section 109
7: Subsection (6) is subject to subsections (2) and (3).
116: Transfer of properties subject to lease
1: This section applies to a deferred selection property—
a: for which the land holding agency is the Ministry of Education; and
b: the ownership of which is to be transferred to the trustees; and
c: that, after the transfer, is to be subject to a lease back to the Crown.
2: Section 24
3: The transfer instrument for the transfer of the property must include a statement that the land is to become subject to section 117
4: The Registrar-General must, upon the registration of the transfer of the property, record on any computer freehold register for the property that—
a: the land is subject to Part 4A section 24
b: the land is subject to section 117
5: A notification made under subsection (4) that land is subject to Part 4A section 24D(1)
117: Requirements if lease terminates or expires
1: This section applies if the lease referred to in section 116(1)﻿(c)
2: The transfer of the property is no longer exempt from section 24
3: The registered proprietors of the property must apply in writing to the Registrar-General,—
a: if no part of the property remains subject to such a lease, to remove from the computer freehold register for the property the notifications that—
i: section 24
ii: the property is subject to this section; or
b: if only part of the property remains subject to such a lease (the leased part
i: section 24
ii: that part is subject to this section.
4: The Registrar-General must comply with an application received in accordance with subsection (3) free of charge to the applicant.
2: Right of first refusal over RFR land
Interpretation
118: Interpretation
In this subpart and Schedule 3 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 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 or related company of a company or body referred to in paragraph (d) dispose of section 140
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 119(2) expiry date sections 121(2)﻿(a) 122 non-exclusive RFR area non-exclusive RFR land section 119(3) notice offer section 121 offer trust
a: for exclusive RFR land, Te Kāhui o Taranaki:
b: for non-exclusive RFR land,—
i: before the settlement date under this Act, Te Kotahitanga o Te Atiawa Trust, if an offer has been made under the Te Atiawa Claims Settlement Act 2016
ii: on and from the settlement date under this Act, Te Kāhui o Taranaki and Te Kotahitanga o Te Atiawa Trust:
c: for shared RFR land,—
i: before the settlement date under this Act, Te Korowai o Ngāruahine, if an offer has been made under the Ngāruahine Claims Settlement Act 2016
ii: on and from the settlement date under this Act, Te Kāhui o Taranaki and Te Korowai o Ngāruahine public work section 2 recipient trust
a: for exclusive RFR land, Te Kāhui o Taranaki:
b: for non-exclusive RFR land and shared RFR land, the offer trust whose trustees accept an offer to dispose of the land under section 124 related company section 2(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 127(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 128(1) RFR period
a: for exclusive RFR land, the period of 172 years on and from the settlement date:
b: for non-exclusive RFR land, the period of 172 years on and from the date defined as the settlement date in the Te Atiawa Claims Settlement Act 2016
c: for shared RFR land, the period of 172 years on and from the date defined as the settlement date in the Ngāruahine Claims Settlement Act 2016 shared RFR area shared RFR land section 119(4) subsidiary section 5
119: Meaning of RFR land, exclusive RFR land, non-exclusive RFR land, and shared RFR land
1: In this subpart, RFR land
a: exclusive RFR land; and
b: non-exclusive RFR land; and
c: shared RFR land. Meaning of exclusive RFR land, non-exclusive RFR land, and shared RFR land
2: In this subpart, exclusive RFR land
a: means the land that is within the exclusive RFR area that, on the settlement date,—
i: is vested in the Crown; or
ii: is held in fee simple by the Crown; or
iii: is a reserve vested in an administering body that derived title to the reserve from the Crown and that would, on the application of section 25 27
b: includes any land obtained in exchange for a disposal of exclusive RFR land under section 132(1)﻿(c) 133
3: In this subpart, non-exclusive RFR land
a: means land that is within the non-exclusive RFR area that, on the date defined as the settlement date in section 12
i: is vested in the Crown; or
ii: is held in fee simple by the Crown; or
iii: is a reserve vested in an administering body that derived title to the reserve from the Crown and that would, on the application of section 25 27
b: includes any land obtained in exchange for a disposal of non-exclusive RFR land under section 132(1)﻿(c) 133
c: includes any land that, prior to the settlement date under this Act, was obtained in exchange for a disposal of non-exclusive RFR land under section 101(1)﻿(c) 102
d: does not include any land within the meaning of paragraph (a) if, on the settlement date under this Act, the land—
i: has ceased to be RFR land in any of the circumstances described in section 87(2)﻿(a) to (c)
ii: is subject to a contract formed under section 94
4: In this subpart, shared RFR land
a: means land that is within the shared RFR area that, on the date defined as the settlement date in section 12
i: is vested in the Crown; or
ii: is held in fee simple by the Crown; or
iii: is a reserve vested in an administering body that derived title to the reserve from the Crown and that would, on the application of section 25 27
b: includes any land obtained in exchange for a disposal of shared RFR land under section 132(1)﻿(c) 133
c: includes any land that, prior to the settlement date under this Act, was obtained in exchange for a disposal of shared RFR land under section 112(1)﻿(c) 113
d: does not include any land within the meaning of paragraph (a) if, on the settlement date under this Act, the land—
i: has ceased to be RFR land in any of the circumstances described in section 98(2)﻿(a) to (c)
ii: is subject to a contract formed under section 105 When land ceases to be RFR land
5: Land ceases to be RFR land if—
a: the fee simple estate in the land transfers from the RFR landowner to—
i: the trustees of a recipient trust or their nominee (for example, under section 109 section 125
ii: any other person (including the Crown or a Crown body) under section 120(d)
b: the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 129 to 135
ii: under any matter referred to in section 136(1)
c: the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 145
d: the RFR period for the land ends. Restrictions on disposal of RFR land
120: Restrictions on disposal of RFR land
An RFR landowner must not dispose of RFR land to a person other than the trustees of a recipient trust or their nominee unless the land is disposed of—
a: under any of sections 126 to 135
b: under any matter referred to in section 136(1)
c: in accordance with a waiver or variation given under section 145
d: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust if the offer to those trustees was—
i: made in accordance with section 121
ii: made on terms that were the same as, or more favourable to those trustees than, the terms of the disposal to the person; and
iii: not withdrawn under section 123
iv: not accepted under section 124 Trustees of offer trusts’ right of first refusal
121: Requirements for offer
1: An offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust must be by notice to the trustees of the 1 or both offer trusts, as the case requires.
2: The notice must include—
a: the terms of the offer, including its expiry date; and
b: the legal description of the land, including any interests affecting it, and the reference for any computer register for the land; and
c: a statement that identifies the RFR land as exclusive RFR land, shared RFR land, or non-exclusive RFR land; and
d: a street address for the land (if applicable); and
e: a street address, postal address, and fax number or electronic address for the trustees of an offer trust to give notices to the RFR landowner in relation to the offer.
122: 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 trustees of the 1 or both offer trusts receive 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 date on which the trustees of the 1 or both offer trusts receive notice of the offer if—
a: those trustees received an earlier offer to dispose of the land; 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: For an offer of shared RFR land or non-exclusive RFR land, if the RFR landowner has received notices of acceptance from the trustees of both offer trusts at the expiry date specified in the notice given under section 121(1) section 124(4)
123: Withdrawal of offer
The RFR landowner may, by notice to the trustees of the 1 or both offer trusts, withdraw an offer at any time before it is accepted.
124: Acceptance of offer
1: The trustees of an offer trust may, by notice to the RFR landowner who made an offer, accept the offer if—
a: it has not been withdrawn; and
b: its expiry date has not passed.
2: The trustees of an offer trust must accept all the RFR land offered, unless the offer permits them to accept less.
3: In the case of an offer of shared RFR land or non-exclusive RFR land, the offer is accepted if, at the end of the expiry date, the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust.
4: In the case of an offer of shared RFR land or non-exclusive RFR land, if the RFR landowner has received, at the expiry date specified in the notice of offer given under section 121
a: specifying the offer trusts from whose trustees acceptance notices have been received; and
b: stating that the offer may be accepted by the trustees of only 1 of those offer trusts before the end of the 20th working day after the day on which the RFR landowner’s notice is received under this subsection.
125: Formation of contract
1: If the trustees of an offer trust accept an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and those trustees on the terms in the offer.
2: The terms of the contract may be varied by written agreement between the RFR landowner and the trustees of the recipient trust.
3: Under the contract, the trustees of the recipient trust may nominate any person other than those trustees (the nominee
4: The trustees of the recipient trust may nominate a nominee only if—
a: the nominee is lawfully able to hold the RFR land; and
b: the trustees of the recipient trust give notice 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 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 the trustees of the recipient trust nominate a nominee, the trustees of the recipient trust remain liable for the obligations of the transferee under the contract. Disposals to others but land remains RFR land
126: 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 126(2) amended 1 August 2020 section 668 Education and Training Act 2020
127: Disposal of existing public works to local authorities
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.
128: 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. Disposals to others where land may cease to be RFR land
129: Disposal in accordance with obligations under 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.
130: Disposal in accordance with legal or equitable obligations
An RFR landowner may dispose of RFR land in accordance with—
a: a legal or an equitable obligation that—
i: was unconditional before the settlement date; or
ii: was conditional before the settlement date but became unconditional on or after the settlement date; or
iii: arose after the exercise (whether before, on, or after the settlement date) of an option existing before the settlement date; or
b: the requirements, existing before the settlement date, of a gift, an endowment, or a trust relating to the land.
131: Disposal under certain legislation
An RFR landowner may dispose of RFR land in accordance with—
a: section 54(1)﻿(d)
b: section 34 43 44
c: section 355(3)
d: an Act that—
i: excludes the land from a national park within the meaning of the National Parks Act 1980
ii: authorises that land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987 National Parks Act 1980 Reserves Act 1977
132: 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 Māori Land Court under section 134 section 41(1)﻿(e)
133: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
134: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
135: Disposal to tenants
The Crown may dispose of RFR land—
a: that was held on the settlement date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or
b: under section 67
i: before the settlement date; or
ii: on or after the settlement date under a right of renewal in a lease granted before the settlement date; or
c: under section 93(4) RFR landowner obligations
136: RFR landowner’s obligations subject to other matters
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 except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any interest or legal or equitable obligation—
i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees of an offer trust; 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: Reasonable steps, for the purposes of subsection (1)﻿(b)﻿(ii), do not include steps to promote the passing of an enactment. Notices about RFR land
137: Notice to LINZ of RFR land with computer register after settlement date
1: If a computer register is first created for RFR land after the settlement date, 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 settlement date, 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 legal description of the land and the reference for the computer register.
138: Notice to trustees of offer trusts of disposal of RFR land to others
1: An RFR landowner must give the trustees of the 1 or both offer trusts, as the case requires, notice of the disposal of RFR land by the landowner to a person other than the trustees of an offer trust or their nominee.
2: The notice must be given on or before the date that is 20 working days before the day of the disposal.
3: The notice must include—
a: the legal description of the land, including any interests affecting it; and
b: the reference for any computer register for the land; and
c: the street address for the land (if applicable); and
d: the name of the person to whom the land is being disposed of; and
e: an explanation of how the disposal complies with section 120
f: if the disposal is to be made under section 120(d)
139: Notice to LINZ of land ceasing to be RFR land
1: This section applies if land contained in a computer register is to cease being RFR land because—
a: the fee simple estate in the land is to transfer from the RFR landowner to—
i: the trustees of a recipient trust or their nominee (for example, under section 109 section 125
ii: any other person (including the Crown or a Crown body) under section 120(d)
b: the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 129 to 135
ii: under any matter referred to in section 136(1)
c: the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 145
2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.
3: The notice must include—
a: the legal description of the land; and
b: the reference for the computer register for the land; and
c: the details of the transfer or vesting of the land.
140: Notice to be given if disposal of non-exclusive or shared RFR land being considered
1: This section applies if an RFR landowner is considering whether to dispose of non-exclusive or shared RFR land in a way that may require an offer under this subpart.
2: The RFR landowner must give notice,—
a: in the case of non-exclusive RFR land, to the trustees of Te Kotahitanga o Te Atiawa Trust and to the trustees of Te Kāhui o Taranaki; and
b: in the case of shared RFR land, to the trustees of Te Korowai o Ngāruahine and to the trustees of Te Kāhui o Taranaki; and
c: that states that, if the RFR landowner decides to dispose of the land, the landowner may be required to offer the land to the trustees referred to in paragraph (a) or (b), as the case requires.
3: The notice must be given immediately before the RFR landowner commences the processes under one of the following, as relevant:
a: section 52
b: section 23
c: section 40
d: any other enactment that regulates or applies to the disposal of the land.
4: The notice must—
a: specify the legal description of the relevant land; and
b: identify any computer register that contains that land; and
c: specify the street address for that 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 it; and
d: state that the RFR is a non-exclusive RFR or shared RFR, as the case may be.
5: 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
6: In this section, dispose of Section 140(5)﻿(a) amended 1 August 2020 section 668 Education and Training Act 2020
141: Notice requirements
Schedule 3
a: an RFR landowner; or
b: the trustees of an offer trust or a recipient trust. Right of first refusal recorded on computer registers
142: Right of first refusal 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 settlement date; and
b: the RFR land for which a computer register is first created after the settlement date; and
c: land for which there is a computer register that becomes RFR land after the settlement date.
2: The chief executive must issue a certificate as soon as is reasonably practicable—
a: after the settlement date, for RFR land for which there is a computer register on the settlement date; or
b: after receiving a notice under section 137
3: Each certificate must state that it is issued under this section.
4: The chief executive must provide a copy of each certificate to the trustees of the 1 or both offer trusts, as the case requires, as soon as is reasonably practicable after issuing the certificate.
5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register for the RFR land identified in the certificate that the land is—
a: RFR land, as defined in section 119(1)
b: subject to this subpart (which restricts disposal, including leasing, of the land).
143: Removal of notifications 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 received under section 139
a: the legal description of the land; and
b: the reference for the computer register for the land; and
c: the details of the transfer or vesting of the land; and
d: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees of the 1 or both offer trusts, as the case requires, as soon as is reasonably practicable after issuing the certificate.
3: If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any notification recorded under section 142
144: Removal of notifications 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 includes—
a: the reference for each computer register for that RFR land that still has a notification recorded under section 142
b: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees of the 1 or both offer trusts, as the case requires, as soon as is reasonably practicable after issuing the certificate.
3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notification recorded under section 142 General provisions applying to right of first refusal
145: Waiver and variation
1: The trustees of an offer trust may, by notice to an RFR landowner, waive any or all of the rights they have in relation to the landowner under this subpart.
2: The trustees of an offer trust and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
3: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
146: 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.
147: Assignment of rights and obligations under this subpart
1: Subsection (3) applies if the 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 document; and
b: has given the notices required by subsection (2).
2: The RFR holder must give notices to each RFR landowner that—
a: state that the RFR holder's rights and obligations under this subpart are being assigned under this section; and
b: specify the date of the assignment; and
c: specify the names of the assignees and, if they are the trustees of a trust, the name of the trust; and
d: specify the street address, postal address, and fax number or electronic address for notices to the assignees.
3: This subpart and Schedule 3
4: In this section,— constitutional document RFR holder
a: they are the trustees of that offer trust; or
b: they have previously been assigned those rights and obligations under this section.
4: Governance reorganisation and taxation provisions
148: Interpretation
1: In this Part, unless the context otherwise requires,— assets and liabilities
a: means the assets and liabilities owned, controlled, or held, wholly or in part, immediately before the commencement of this Act, by the trustees of the Taranaki Iwi Trust or by the relevant subsidiary, as the case requires; and
b: includes—
i: all assets of any kind, whether in the form of real or personal property, money, shares, securities, rights, or interests; and
ii: all liabilities, including debts, charges, duties, contracts, or other obligations (whether present, future, actual, contingent, payable, or to be observed or performed in New Zealand or elsewhere) exempt income section YA 1 Inland Revenue Acts section 3(1) relevant subsidiary Taranaki Iwi Fisheries Limited Taranaki Iwi Trust tax charity section YA 1 taxable income section YA 1 transferred employee section 162
2: In sections 152 to 154 Maori Fisheries Act 2004
1: Governance reorganisation
Taranaki Iwi Trust
149: Dissolution of Taranaki Iwi Trust
1: On the commencement of this Act,—
a: the Taranaki Iwi Trust is dissolved; and
b: the term of office of the trustees of that trust expires; and
c: proceedings by or against that trust may be continued, completed, and enforced by or against the trustees of Te Kāhui o Taranaki; and
d: a reference to the Taranaki Iwi Trust (express or implied) in any enactment (other than this Act), or in any instrument, register, agreement, deed (other than the deed of settlement), lease, application, notice, or other document in force immediately before the commencement of this Act must, unless the context otherwise requires, be read as a reference to the trustees of Te Kāhui o Taranaki.
2: A person holding office as a trustee of the Taranaki Iwi Trust immediately before the commencement of this Act is not entitled to compensation as a result of the expiry under this section of his or her term of office.
150: Vesting of assets and liabilities of Taranaki Iwi Trust
1: On the commencement of this Act, the assets and liabilities of the trustees of the Taranaki Iwi Trust—
a: vest in the trustees of Te Kāhui o Taranaki and become the assets and liabilities of the trustees of Te Kāhui o Taranaki; and
b: to the extent that those assets and liabilities are owned or held subject to any charitable trusts, are freed of all charitable trusts.
2: However, those assets and liabilities—
a: remain subject to any other trusts, covenants, or conditions affecting them; and
b: are subject to any trusts expressed in the trust deed of Te Kāhui o Taranaki. Taranaki Iwi Fisheries Limited
151: Assets and liabilities of relevant subsidiary
1: On and from the commencement of this Act, the relevant subsidiary ceases to be a tax charity for the purposes of the Inland Revenue Acts.
2: To the extent that the assets and liabilities of the relevant subsidiary are held subject to any charitable trusts, on and from the commencement of this Act,—
a: those assets and liabilities are freed of all charitable trusts but subject to any other trusts, covenants, or conditions affecting those assets and liabilities; and
b: the constitution of the relevant subsidiary is deemed to have been amended to the extent necessary to give effect to paragraph (a).
3: To avoid doubt,—
a: nothing in this subpart has the effect, of itself, of causing the relevant subsidiary to be a different person for the purposes of the Inland Revenue Acts; and
b: the assets and liabilities of the relevant subsidiary continue to be the assets and liabilities of that subsidiary; and
c: the income of the relevant subsidiary derived from revenue account property is exempt income until immediately before that subsidiary ceases to be a registered charitable entity.
4: In this section, revenue account property Te Kāhui o Taranaki becomes mandated iwi organisation
152: Recognition of new mandated iwi organisation
1: On and from the commencement of this Act,—
a: Te Kāhui o Taranaki is the mandated iwi organisation for Taranaki Iwi (listed as Taranaki in Schedule 3 section 13(1)
b: the relevant subsidiary is the asset-holding company of Te Kāhui o Taranaki.
2: However, any reference in the Maori Fisheries Act 2004
3: To avoid doubt, on and from the commencement of this Act, Te Kāhui o Taranaki must—
a: meet the criteria in section 14
b: satisfy section 12(1)﻿(d)
153: Certain effects of recognition of new mandated iwi organisation
On and from the commencement of this Act,—
a: any registered coastline entitlement held by the Taranaki Iwi Trust immediately before the commencement of this Act is to be treated as a registered coastline entitlement held by Te Kāhui o Taranaki; and
b: any coastline claim, agreement, or written statement of the Taranaki Iwi Trust made under Part 1
154: Functions of Te Ohu Kai Moana Trustee Limited
Te Ohu Kai Moana Trustee Limited must, in accordance with the Maori Fisheries Act 2004 sections 152(1) 153 General matters relating to reorganisation
155: Matters not affected by transfer
Nothing given effect to or authorised by this subpart—
a: places any person in breach of a contract or confidence, or involves the person in the commission of a civil wrong; or
b: creates a right for any person to terminate or cancel any contract or arrangement, to accelerate the performance of an obligation, to impose a penalty, or to increase a charge; or
c: places any person in breach of an enactment, a rule of law, or a contract that prohibits, restricts, or regulates the assignment or transfer of an asset or a liability or the disclosure of information; or
d: releases a surety, wholly or in part, from an obligation; or
e: invalidates or discharges a contract.
156: Status of existing instruments
1: The trustees of Te Kāhui o Taranaki are to be treated as if they were the trustees of the Taranaki Iwi Trust under any existing instrument—
a: to which the trustees of the Taranaki Iwi Trust were a party; or
b: that the trustees of the Taranaki Iwi Trust gave, received, or were to give or receive.
2: An express or implied reference to the trustees of the Taranaki Iwi Trust in an existing instrument or in a register must be read as a reference to the trustees of Te Kāhui o Taranaki, unless the context otherwise requires.
3: In this section, existing instrument
157: Status of existing securities
1: A security held by the trustees of the Taranaki Iwi Trust as security for a debt or other liability to that trust incurred before the commencement of this Act—
a: is available to the trustees of Te Kāhui o Taranaki as security for the discharge of that debt or liability; and
b: if the security extends to future or prospective debts or liabilities, is available as security for the discharge of debts or liabilities to those trustees incurred on or after the commencement of this Act.
2: The trustees of Te Kāhui o Taranaki are entitled to the same rights and priorities, and subject to the same liabilities, in relation to the security as the trustees of the Taranaki Iwi Trust would be if this Act had not been passed.
158: Continuation of proceedings
1: An action, arbitration, proceeding, or cause of action that was pending or existing by, against, or in favour of the trustees of the Taranaki Iwi Trust before the commencement of this Act may be continued and enforced by, against, or in favour of the trustees of Te Kāhui o Taranaki.
2: It is not necessary to amend a pleading, writ, or other document to continue the action, arbitration, proceeding, or cause of action.
159: Books and documents to remain evidence
1: A document, matter, or thing that would have been admissible in evidence for or against the trustees of the Taranaki Iwi Trust is, on and after the commencement of this Act, admissible in evidence for or against the trustees of Te Kāhui o Taranaki.
2: In this section, document section 4(1)
160: Removal from register of charitable entities
1: The Taranaki Iwi Trust and Taranaki Iwi Fisheries Limited must be removed, under section 31
2: This section applies despite anything else in the Charities Act 2005
161: Other registers
1: The Registrar-General or any other person charged with keeping documents or registers is not required, solely because of the other provisions of this subpart, to change, in the documents or registers, the names of the trustees of the Taranaki Iwi Trust to the names of the trustees of Te Kāhui o Taranaki.
2: If the trustees of Te Kāhui o Taranaki present an instrument to a registrar or other person, the presentation of that instrument is, in the absence of evidence to the contrary, sufficient proof that the property is vested in those trustees, as specified in the instrument.
3: For the purposes of subsection (2), the instrument need not be an instrument of transfer, but must—
a: be executed or purport to be executed by the trustees of Te Kāhui o Taranaki; and
b: relate to assets or liabilities owned, controlled, or held, wholly or in part, by the trustees of the Taranaki Iwi Trust immediately before the commencement of this Act; and
c: be accompanied by a certificate given by the trustees of Te Kāhui o Taranaki or their solicitor stating that the property was vested in those trustees by or under this Act. Employees
162: Transfer of employees
On the commencement of this Act, each employee of the trustees of the Taranaki Iwi Trust ceases to be an employee of that trust and becomes an employee of the trustees of Te Kāhui o Taranaki.
163: Protection of terms and conditions of employment
1: The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to him or her immediately before the commencement of this Act.
2: Subsection (1)—
a: continues to apply to the terms and conditions of employment of a transferred employee until the terms and conditions are varied by agreement between the transferred employee and the trustees of Te Kāhui o Taranaki; and
b: does not apply to a transferred employee who accepts any subsequent appointment with those trustees.
164: Continuity of employment
For the purposes of any enactment, rule of law, determination, contract, or agreement relating to the employment of a transferred employee, the transfer of the person's employment from the trustees of the Taranaki Iwi Trust to the trustees of Te Kāhui o Taranaki does not, of itself, break the employment of that person, and the period of his or her employment by the trustees of the Taranaki Iwi Trust is to be regarded as having been a period of service with the trustees of Te Kāhui o Taranaki.
165: No compensation for technical redundancy
A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that—
a: the position held by the employee with the trustees of the Taranaki Iwi Trust has ceased to exist; or
b: the employee has ceased, as a result of his or her transfer to the trustees of Te Kāhui o Taranaki, to be an employee of the trustees of the Taranaki Iwi Trust.
166: Liability of employees and agents
1: A trustee, an officer, or a representative of the Taranaki Iwi Trust who held office at any time before the commencement of this Act is not personally liable for any act or thing done or omitted to be done by that person before the commencement of this Act in the exercise or bona fide exercise of a duty under any enactment or the relevant deed of trust.
2: This section applies only—
a: in the absence of actual fraud; and
b: if the act or omission does not amount to an offence under any enactment or rule of law. Final report
167: Final report of Taranaki Iwi Trust
1: As soon as practicable after the commencement of this Act, the trustees of Te Kāhui o Taranaki must prepare the final report of the Taranaki Iwi Trust.
2: The report must show the financial results of the operation for the period—
a: starting on the day after the last day covered by the previous annual report; and
b: ending on the day before the commencement of this Act.
3: At the first general meeting of the trustees of Te Kāhui o Taranaki after the final report has been completed, those trustees must present the final report of the Taranaki Iwi Trust.
2: Taxation provisions
168: Application and interpretation
1: This subpart applies, by virtue of the reorganisation of the governance of Taranaki Iwi under subpart 1
2: In this subpart,— taxable Māori authority distribution section HF 7 undistributed charitable amount section 169(5) Taranaki Iwi Trust
169: Taxation in respect of transfer of assets and liabilities of Taranaki Iwi Trust
1: On and from the date on which the assets and liabilities of the trustees of the Taranaki Iwi Trust vest in the trustees of Te Kāhui o Taranaki under section 150(1)
a: those trustees are deemed to be the same person as the trustees of the Taranaki Iwi Trust; and
b: everything done by the trustees of the Taranaki Iwi Trust before that date is deemed to have been done by the trustees of Te Kāhui o Taranaki on the date that it was done by the trustees of the Taranaki Iwi Trust.
2: Income derived or expenditure incurred by the trustees of the Taranaki Iwi Trust before the assets and liabilities vest in the trustees of Te Kāhui o Taranaki does not become income derived or expenditure incurred by those trustees just because the assets and liabilities vest in those trustees under section 150(1)
3: Subsection (4) applies if income of the trustees of the Taranaki Iwi Trust—
a: is derived from a financial arrangement, trading stock, revenue account property, or depreciable property; and
b: is exempt income of the trustees of the Taranaki Iwi Trust but is not exempt income of the trustees of Te Kāhui o Taranaki.
4: The trustees of Te Kāhui o Taranaki must be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property—
a: on the day that it becomes the property of those trustees; and
b: for a consideration that is its market value.
5: The trustees of Te Kāhui o Taranaki must identify the undistributed charitable amount, using the following formula: x − y where— x is the total of the amounts derived by the trustees of the Taranaki Iwi Trust that, but for the application of sections CW 41 CW 42 y is the total of the amounts described in variable x that have been distributed before the commencement of this Act.
6: The undistributed charitable amount is excluded from the corpus of the trustees of Te Kāhui o Taranaki for the purposes of the Income Tax Act 2007
7: If the trustees of Te Kāhui o Taranaki distribute any of the undistributed charitable amount to a person, that amount is treated as beneficiary income for the purposes of the Income Tax Act 2007
8: If the trustees of Te Kāhui o Taranaki distribute any of the undistributed charitable amount for a charitable purpose, the distribution is exempt income of the recipient.
170: Election of trustees of Te Kāhui o Taranaki to become Māori authority
1: If the trustees of Te Kāhui o Taranaki make an election under section HF 11
a: exempt income if the distribution is applied for a charitable purpose; or
b: a taxable Māori authority distribution.
2: If this section applies, the amount must be disregarded for the purposes of section HF 8 Relevant subsidiary
171: Taxation in respect of assets and liabilities of relevant subsidiary
1: This section applies if—
a: the assets and liabilities of the relevant subsidiary remain the assets and liabilities of that subsidiary; and
b: income of the relevant subsidiary derived from a financial arrangement, trading stock, revenue account property, or depreciable property is exempt income of that subsidiary before the commencement of this Act, and ceases to be exempt income as a result of the application of section 151(1)
2: The relevant subsidiary is to be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property for a consideration that is its market value on the date of the commencement of this Act.
172: Election by relevant subsidiary to become Māori authority
1: This section applies if the relevant subsidiary—
a: makes an election under section HF 11
b: at the time when the election is made, has an undistributed charitable amount arising from income that was exempt income under sections CW 41 CW 42
2: The undistributed charitable amount must be calculated on the date when the relevant subsidiary ceases to be a tax charity under section 151(1)
3: A distribution of the undistributed charitable amount by the relevant subsidiary after its election to become a Māori authority is—
a: a distribution from exempt income of the subsidiary if the distribution is for a charitable purpose; or
b: if paragraph (a) does not apply, a taxable Māori authority distribution.
4: A distribution that is a taxable Māori authority distribution under subsection (3)﻿(b) must be disregarded for the purposes of section HF 8