Maniapoto Claims Settlement Act 2022

1: Title
This Act is the Maniapoto Claims Settlement Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary matters, historical account, 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 Maniapoto in the deed of settlement; and
b: to give effect to certain provisions of the deed of settlement that settles the historical claims of Maniapoto.
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 Maniapoto, as recorded in the deed of settlement; and
e: defines terms used in this Act, including key terms such as Maniapoto 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; and
v: access to the deed of settlement; and
vi: the effect of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
vii: certain limits on the effect of Te Ture Whenua Maori Act 1993
3: Part 2
a: cultural redress that does not involve the vesting of land, namely,—
i: in subpart 1
ii: in subpart 2
iii: in subpart 3 Part 2
iv: in subpart 4
v: in subpart 5
b: in subpart 6
c: in subpart 7
d: in subpart 8
e: in subpart 9
f: in subpart 10
4: Part 3
a: in subpart 1
b: in subpart 2
c: in subpart 3
5: Part 4
a: in subpart 1
b: in subpart 2
c: in subpart 3
d: in subpart 4
6: Part 5
7: Part 6
8: Part 7 Maniapoto Maori Trust Board Act 1988
9: There are 6 schedules, as follows:
a: Schedule 1 section 13
b: Schedule 2 Treaty of Waitangi section 14
c: Schedule 3
d: Schedule 4
e: Schedule 5
f: Schedule 6 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
3: The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.
8: Summary of historical account
Rāpopotonga o te kōrero hītori
1: Nō te tau 1840, ka hainatia ai e ētehi o ngā rangatira o Ngāti Maniapoto Te Tiriti o Waitangi
2: Ko Rewi Maniapoto me ētehi atu ngā rangatira o te whawhai i ngā pakanga o Meremere, Pāterangi me Ōrākau. I te papa kāinga o Rangiaowhia ētehi o Ngāti Maniapoto i te whakaekenga o reira e ngā hoia o Te Karauna me te kōhurutanga o te hunga harakore.
3: Nō muri mai o Ōrākau, ka heke mai a Ngāti Maniapoto ki kō o te awa o Pūniu. He nui te parekura ki a Ngāti Maniapoto i taua whawhai ā, ka murua e Te Karauna ētehi whenua ki taua pito o tō rātou rohe. Hei aha koa ēnei takahanga, ka manaakitia ngā manene o taua whawhai me aua murunga whenua e Ngāti Maniapoto ki tō rātou rohe tae atu ana ki a Kīngi Tawhiao. He pēhi nui tēnei ki runga o ā rātou rawa.
4: Nō te mutunga o te pakanga ka aukatihia e Ngāti Maniapoto tō rātou rohe hei pupuru i tōna rangatiratanga, mana motuhake hoki o runga o ngā whenua e toe ana ki a rātou. Tē taea ai e te Pākehā te uru ki roto ki te kore e whakaaetia. Nō roto o taua wā he ngana tonu nā ngā rangatira kia whakaaetia e Te Karauna tō rātou mana o runga o ō rātou ake whenua.
5: Nō waenga o te tau 1883 me te tau 1885, ka kōrerotia e Te Karauna me Ngāti Maniapoto Te Ōhākī Tapu. He huinga whakaaetanga, whakaoatitanga hoki, tēnei māna e riro ai i a Ngāti Maniapoto te whakaaetanga a Te Karauna ki tō rātou mana whakahaere ki runga o ō rātou whenua, iwi hoki, ā, hei whakautu, he whakaae ki te hikinga o te aukati me te tuku kia hangaia o Te Ara-o-Tūrongo ki tō rātou rohe.
6: Nō muri mai o te ruri i te raina rerewē ka tīmata ai ngā whakawā o te Kōti Whenua Māori ki Te Rohe Pōtae. Ko tā Ngāti Maniapoto he papare, kātahi ka ngana te whai wāhi ki ngā whakahaerenga a Te Kōti me tāna takahuri i ngā whenua ki te taitara o te tangata kotahi. Nō te tau 1890 ka tīmata ai Te Karauna ki te hoko i aua taitara tangata kotahi. Nāwai rā, mai i te rautaki whakatuki a Te Karauna ka kore e kaha ai te kore e whakaae a te nuinga o Ngāti Maniapoto ki ngā hokonga whenua.
7: Nō te tau 1904 ka hainatia ai Te Kawenata o Ngāti Maniapoto he pepa mana e tohe ana ki te pupuru a Ngāti Maniapoto i tōna tuakiri ā-iwi mai i te Māoritanga me te rangatiratanga o Ngāti Maniapoto. Ka uru a Ngāti Maniapoto ki te rautau rua tekau me taua mārō anō ki te pupuru i tō rātou mana motuhake mai iho o ā rātou whakawhitiwhiti me Te Karauna.
8: Ka ngana tonu a Ngāti Maniapoto ki te whakawhanake ake i tō rātou ōhanga, me ngā whenua i pupurita e rātou. Heoi anō te taitara tangata kotahi tonu me ngā ture o te whakahaere o te whenua Māori i te rautau rua tekau i kino ai te uaua. Hei aha koa te hokonga o te nui o te whenua, ka murua ā-turetia e Te Karauna ētehi wāhi nui mo te mahinga tūmatanui tae atu ana ki te Hōhipere Mate Hinengaro o Tokanui me te Whareherehere o Waikeria. Tae noa ki te tau 1935, ka 24% noa iho o Te Rohe Pōtae i te noho tonu ki te mana o te Māori. Kua whai painga nui te ōhanga o Aoteroa mai i te mahi nanakia i ngā rawa o roto o te rohe o Ngāti Maniapoto, he pānga kino nui ki tōna taiao.
9: Mai i te tau 1840, he nui te kino o te pānga o ngā mahi me te koremahi a Te Karauna ki runga o te hauora ā-papori, ā-ōhanga o te iwi tae atu ki tō rātou tuakiri ā-iwi. Waihoki, ko tā Ngāti Maniapoto he karanga tonu kia mau tonu, kia whakaaetia rā anō hoki o tō rātou rangatiratanga, mana whakahaere hoki, i whakaoatitia mai i Te Tiriti o Waitangi Summary of historical account
1: In 1840, Ngāti Maniapoto rangatira signed te Tiriti o Waitangi Treaty of Waitangi
2: Under the leadership of Rewi Maniapoto and others, Ngāti Maniapoto fought Crown troops in several engagements, including at Meremere, Pāterangi and Ōrākau. Ngāti Maniapoto people were also present at the unfortified village of Rangiaowhia when Crown forces attacked and non-combatants were killed.
3: After Ōrākau, Ngāti Maniapoto were forced to withdraw across the Pūniu River. Many Ngāti Maniapoto lives were lost during the conflict and the Crown confiscated land at the edge of their rohe. Despite these hardships, Ngāti Maniapoto welcomed into their rohe those who had been displaced by the conflict and extensive confiscation in Waikato and Taranaki, including King Tāwhiao. This put significant strain on their resources.
4: After the war, Ngāti Maniapoto established an aukati around their territory to preserve their rangatiratanga and mana motuhake over their remaining land. No Pākehā could pass into these lands without permission. During this time, rangatira continued to seek the Crown’s recognition of their authority over their land.
5: Between 1883 and 1885, the Crown and Ngāti Maniapoto negotiated Te Ōhākī Tapu. This was a series of agreements and assurances through which Ngāti Maniapoto sought Crown recognition of their mana whakahaere over their lands and peoples, and in return agreed to lift the aukati and allow the construction of Te Ara-o-Tūrongo (part of the North Island Main Trunk railway line) to proceed through their territory.
6: Following the survey of the North Island Main Trunk railway line, the Native Land Court began to hold hearings in Te Rohe Pōtae. Ngāti Maniapoto resisted and then strove to influence court processes while the court converted their tribal territory into individualised land holdings. In 1890, the Crown began to purchase these individual interests. The Crown’s aggressive purchasing tactics eventually overcame the opposition of many Ngāti Maniapoto to land sales.
7: In 1904, Te Kawenata o Ngāti Maniapoto, a document which emphasised tribal unity based on the preservation of their Māoritanga and Ngāti Maniapoto rangatiratanga, was signed. Ngāti Maniapoto entered the twentieth century with the same determination to preserve their authority that had marked their previous engagement with the Crown.
8: Ngāti Maniapoto tried to develop their economy and what land they had managed to retain. However, individualisation of land tenure and statutory provisions for the administration of Māori land in the twentieth century made this difficult. Despite purchasing large tracts of land, the Crown compulsorily took significant areas for public works, including the Tokanui Mental Hospital and Waikeria Prison. By 1935, only 24% of land in Te Rohe Pōtae remained in Māori ownership. The New Zealand economy has benefited greatly from the exploitation of resources in the Ngāti Maniapoto rohe, which has suffered much environmental damage.
9: Since 1840, Crown acts and omissions have had a severe impact on the social and economic well-being of the iwi as well as their tribal identity. In the face of this, Ngāti Maniapoto have persistently called for the maintenance and recognition of their rangatiratanga and mana whakahaere, guaranteed to them by te Tiriti o Waitangi Treaty of Waitangi
9: Acknowledgements
Ngā Whākīnga a te Karauna ki a Maniapoto Whakatakinga o ngā whākīnga: ko te rangatiratanga me te Tiriti
1: Ko te whākīnga a Te Karauna—
a: i te tau 1840, ko Ngāti Maniapoto me ōna hapū maha tētehi iwi whairawa, tōnui hoki; i a ia hoki te mana whakahaere mōna anō, nāna rā anō hoki te toro kia whai mahi ngātahi, whai huanui me Te Karauna;
b: nō te hainatanga a ngā rangatira o Ngāti Maniapoto i te Tiriti o Waitangi
2: E whākī ana Te Karauna i te mauroa o ngā whakamauāhara a Ngāti Maniapoto me te tupu nui o ngā takahinga a Te Karauna o Te Tiriti o Waitangi Ngā Pakanga i Taranaki
3: E whākī ana Te Karauna ko tā Ngāti Maniapoto āta whakaaro ki te pono o te pakanga i Taranaki i te tau 1860 nō mua noa atu o te whai wāhi atu, he mea taka mai nō muri kē o tā Te Karauna whakaū i te hē o te hoko whenua i Waitara. Tapanga hei Whakakeke
4: E whākī ana Te Karauna i te hē o tāna tapanga i a Ngāti Maniapoto hei whakakeke mai i tāna whai wāhi ki ngā pakanga i Taranaki. Ngā Pakanga i Waikato
5: E whākī ana Te Karauna i te hara o āna māngai me āna kaitohutohu me te takahi i Te Tiriti o Waitangi
a: ngā matenga o ngā toa o Ngāti Maniapoto i whawhai i ngā hoia a Te Karauna;
b: te tikanga kore o te kōhuru i te hunga wāhine, hunga tamariki hoki, tae atu ana ki Rangiaowhia, me Ōrākau; ā
c: ko te pokanoa o te pāhua me te hoepapa o ngā rawa a Ngāti Maniapoto, taea noatia te whare rūnanga nui o Hui-Te-Rangiora, kāore ōna whaihua. Murunga
6: E whākī ana Te Karauna nāna i muru ngā whenua o Taranaki me Waikato e whai pānga ana e Ngāti Maniapoto. He rikarika, he tikanga kore nō ēnei murunga, he takahi hoki i Te Tiriti o Waitangi Ngā manene
7: E whākī ana Te Karauna nā Ngāti Maniapoto ōna hoa noho tata, ōna hoa whanaunga i manaaki nō muri tata noa mai o te pakanga me ngā murunga whenua i panaia mai ai rātou i ō rātou papa kāinga. Nā te kore a Te Karauna mō te manaaki i aua hunga i manene mai i te pakanga me ngā murunga whenua, nā Te Karauna i taka ai ki runga i a Ngāti Maniapoto te taimaha nui whakaharahara. E whākī ana Te Karauna ko ia anō tēnei tētehi takahi i Te Tiriti o Waitangi Te Maungārongo me Te Kooti
8: E whākī ana Te Karauna i tā Ngāti Maniapoto here ki te maungārongo nō muri mai o te tau 1865, ā, nā Ngāti Maniapoto a Te Kooti i whai piringa ai nō roto o ngā tau nō muri mai o tāna whakaae ki te whakarere i te mau patu, ka noho ai me te rongomau. Te Komihana a Sim me Te Ture o te Whakataunga o ngā Kerēme a Waikato-Maniapoto 1946
9: E whākī ana Te Karauna kīhai i rongongia e Te Komihana Sim ngā taunakitanga a Ngāti Maniapoto, nō reira kihai kē te whakataunga o te tau 1946 mō Waikato-Maniapoto, mai i ngā tūtohutanga a taua Komihana nei, i tūturu whakatau i ngā whamauāhara a Ngāti Maniapoto. Te Ōhākī Tapu me te whakahikinga o te aukati
10: E whākī ana Te Karauna—
a: ko Te Ōhākī Tapu tētehi huinga o ngā whakawhitinga korero me ngā whakaaetanga o waenga o Te Karauna me Ngāti Maniapoto, i tīmata i te maehe o te tau 1883 ka puta ai ko te whakahikinga o te aukatinga o Te Rohe Pōtae i te tau 1885;
b: he whakaoati tapu ki a Ngāti Maniapoto ngā whakaaetanga o roto o Te Ōhākī Tapu;
c: he whai nā Ngāti Maniapoto i tōna mana motuhake, mana whakahaere hoki ki runga o tōna rohe ake nō mua o Te Ōhākī Tapu, ā, nā te aukati i kore ai e taea e Te Karauna tōna mana ki roto o Te Rohe Pōtae te whakahaere;
d: nō te Hūne o te tau 1883, ka petihanatia ai Te Karauna e Ngāti Maniapoto me ētehi atu iwi kia whai mana tūturu Te Tiriti o Waitangi
e: kīhai Te Karauna i pai ki te whakaae ki tā Ngāti Maniapoto tono kia kaua tōna rohe e noho ki raro o Te Kōti Whenua Māori;
f: ka takahia e Te Karauna Te Ōhākī Tapu mā te kore o tāna whai i ngā whakaoati mai i ngā whakawhitinga kōrero kia—
i: whai mana ai ngā Komiti Māori ki ngā whakahaerenga a Te Kōti Whenua Māori me ngā kāwanatanga ā-rohe;
ii: riro ai i a ia ngā whenua o Ngāti Maniapoto mō Te Ara-o-Tūrongo e tika tau ai ki tōna hanganga;
iii: kore ai e whakararu i a Ngāti Maniapoto ki te hoko whenua i te hiahiatia kē kia rīhingia; ā
iv: kia tukua ai ki a Ngāti Maniapoto te āhei ki te hoko, te rīhi rānei, o ngā whenua ki tāna e hiahia ai ki te mākete wātea, ā
g: nā te kore a Te Karauna ki te whai i ēnei whakaoati i takahia ai Te Tiriti o Waitangi
11: He whākī anō nā Te Karauna i tāna whai hua nui mai i Te Ōhākī Tapu ki tana āhei ki te hanga i Te Ara-o-Tūrongo ki roto o Te Rohe Pōtae, me te whai wāhi ki te nōhanga a te Pākehā ki te rohe nei, heoi anō kīhai kē i riro i a Ngāti Maniapoto ngā hua mauroa o te ōhanga e ai ki ngā oati o roto o ngā whakawhitinga kōrero me Te Karauna. Ngā Ture Whenua Māori me te horo o ngā whakahaerenga a te iwi
12: E whākī ana Te Karauna nā te whakatūranga me ngā whakapānga o Ngā Ture Whenua, ērangi rawa ia te tukua o ngā whenua o Ngāti Maniapoto ki te hunga tangata kotahi me te āhei a te tangata kotahi ki te whakahaere i aua whenua i tua atu o te hapū, iwi rānei, i wātea ai aua whenua ki te wāwāhinga, ki te murunga, ki te roherohenga. He wāhi nui tēnei ki te horo o ngā whakahaerenga ā-iwi o Ngāti Maniapoto, he mea anga mai i te kaitiakitanga ā-iwi, ā-hapū rā anō o te whenua. E whākī ana Te Karauna ko te kore o tāna tiaki i aua whakahaerenga ā-iwi he takahinga o te Tiriti o Waitangi
13: E whākī ana Te Karauna nō ngā whakawātanga o te poraka Aotea-Rohe Pōtae i te tau 1886, ko tā ngā rangatira o Ngāti Maniapoto he tono kia kore rawa e taea te tangohanga o ngō rātou whenua. Hei aha koa te whakataunga pērā a te Kōti Whenua Māori ka kore e taea te tangohanga o taua poraka nei, nō te whakawewehenga o muri mai kāore he whakaritenga pērā o runga o ētehi whakawehenga, ā, ki ngā whenua kei runga rā ko taua whakataunga o te kore e taea te tangohanga, kīhai i haukotia te hoko a Te Karauna i ngā whenua o roto o te rohe o Ngāti Maniapoto. Te Kōti Whenua Māori
14: E whākī ana Te Karauna i te nui o te utu mai i ngā whakataunga taitara, mai i reira ētehi rironga whenua rā anō. Erangi rawa ia e whākī ana Te Karauna i te rironga o kahuraki o te nui o te whenua hei utu i ngā nama mō te rūri i ētehi whakawewehenga o roto o te poraka Rangitoto Tuhua, tae atu ana ki ētehi poraka anō, ā ko tā Te Karauna kore e tiaki i a Ngāti Maniapoto mai i tēnei toimaha he takahi i Te Tiriti o Waitangi Ngā Māngai ki roto o Te Kōti Whenua Māori
15: E whākī ana Te Karauna i noho ētehi o ana māngai hoko whenua ki roto o ngā whakawānga o Te Kōti Whenua Māori i ngā tau 1880 hei aha koa te kore e whakaae a Ngāti Maniapoto. Ngā hokonga a Te Karauna i ngā 1890
16: E whākī ana Te Karauna, nō ngā tau 1890, tōmua hoki o ngā 1900, me tāna hoko i te nui o ngā whenua o Ngāti Maniapoto, nō tāna māminga o te mana whakamatuatanga i kaha kē ake ai te herenga mai i Te Tiriti kia pono tonu ngā whakawhitiwhitinga kōrero. E whākī ana Te Karauna ki tāna raweke i ana mana whakamatuatanga ki te—
a: iti ake o te utu ki te Māori;
b: haukoti i te hiahia a Ngāti Maniapoto, nāna te whakapau pūtea nui ki te rūri me te whakawehewehe i ōna whenua, kia utua aua nama mā te rīhi i ōna whenua; ā,
c: whakatuki o te hoko, tae atu ana ki te whakatuma kei riro ā-ture ngā whenua, e kaha ake ai te whakahau i a Ngāti Maniapoto ki te hoko i ōna whenua ki Te Karauna. Nā ēnei mahinga, whakarerenga kētanga rānei, i kore ai Te Karauna e pono ki tāna whakawhitiwhiti whakaaro me Ngāti Maniapoto, tiaki tika rānei, i āna whai pānga ki ōna whenua, ā, he takahinga tēnei o te Tiriti o Waitangi Te Ara-o-Tūrongo, tōna kamupeihana, me ngā kirimana kaimahi
17: E whākī ana Te Karauna nō tāna hanga i Te Ara-o-Tūrongo ki Te Rohe Pōtae, kihai ia i tuku kamupeihana ki a Ngāti Maniapoto mō te wāhanga o te rerewē whakatetonga o te poraka o Pukenui, ā, he takahinga tēnei o te Tiriti o Waitangi
18: E whākī ana hoki Te Karauna nō muri o te tau 1887, kāore āna whāinga kia whai wāhi a Ngāti Maniapoto, ōrite tonu ki ngā kainoho Pākehā, tauiwi hoki, ki ngā hua whai pūtea mai i te mahi hanga i Te Ara-o-Tūrongo ki roto o Te Rohe Pōtae. Ngā Poraka o Mōkau
19: E whākī ana Te Karauna i te kore o tāna tiaki pū i ngā pānga a Ngāti Maniapoto ki tāna hoko i ngā poraka e whā o Mōkau i ngā tau 1850, ā, ka riro i a ia aua whenua i ngā 1880 hei aha koa—
a: te paunga o te rua tekau mā rima tau neke atu mai i ngā hokonga, ā, he tika te whakapono a Ngāti Maniapoto i whakarērēna aua whenua e Te Karauna;
b: te nui o ngā porotēhe ki ngā hokonga i te hainatanga o ngā tīra, ā, kihai Te Karauna i whai tūturu i nga whakaaetanga noa a ngā uri whenua katoa o ngā whenua i riro i a ia; ā
c: kāore kau i āta tautuhitia ki aua tīra ngā whenua i hokona e Te Karauna. Nā ēnei mahinga, whakarerenga kētanga rānei i takahia ai e Te Karauna te Tiriti o Waitangi Ngā rāhuitanga o Mōkau
20: E whākī ana Te Karauna nō tāna hoko poraka whenua i Mōkau i ngā tau 1850 me te riro i a ia o aua whenua kihai i rāhuitia e ia ngā rāhuitanga katoa i manakohia e Ngāti Maniapoto—
a: ki ētehi tauira e rua neke atu pea i kore ai e rāhuitia e ia ngā rāhuitanga e tika ana mō Ngāti Maniapoto;
b: i takaroahia pokanoa e ia ngā rāhuitanga e toe mai ana, mō te rautau neke atu ki tētehi tauira o muri mai o te hokonga o te whenua; ā
c: kihai i tika te tiaki i ngā rohenga i rāhuitia mai i te tangohanga mō Ngāti Maniapoto, ka tukua ai kia nōhia. Nā ēnei mahi, rerenga kē hoki I takahia ai e Te Karauna te Tiriti o Waitangi
21: He whākī anō nā Te Karauna kihai i riro i a Ngāti Maniapoto ngā hua ōhanga i oatitia e Te Karauna mai i te hokonga o te whenua hei wāhanga o ngā hokonga i Mōkau Awakino. Mokau-Mohakatino
22: E whākī ana Te Karauna he aha koa te roa o te porotēhe a ngā uri whenua o Mokau-Mohakatino ki te hiahia a tētehi kainoho ki te rīhi i te poraka, kīhai Te Karauna i toro ki ngā uri whenua nō mua o tāna tautoko i te Ture Mokau-Mohakatino 1888, nāna te whakature i te rīhi a taua kainoho ki runga o taua poraka kīhai i whakaaetia ai e ngā uri whenua. E whākī ana Te Karauna kihai i tukua e ia te whakaōritetanga o te ture ki ngā uri whenua o Ngāti Maniapoto ki Mokau-Mohakatino, kīhai hoki i whakawehi ki tō rātou mana whakahaere, mana rangatiratanga, o runga o ngō rātou whenua, ā, he takahinga tēnei o te Tiriti o Waitangi
23: He whākīnga anō nā Te Karauna ko tā Te Ture Mokau-Mohakatino 1888, ki tua atu o te tukua ki te kairīhi te mana whakamātuatanga ki te rīhi i ētehi whenua anō i Mōkau-Mohakatino, he kaha rawa rā anō o te tautoko i ngā mōtika a tētehi kainoho ki runga rawa o ngā mōtika a ngā uri whenua o Ngāti Maniapoto. E whakaae ana Te Karauna i te tohe ko te kore o tāna tiaki i te whai pānga a ngā uri whenua mai i te kore o te whai a te kairīhi i ōna herenga i raro o te rīhi, he wāhi nui o roto o te hokonga o Mokau-Mohakatino, ā, ko taua kore ōna ki te tiaki i ngā pānga a Ngāti Maniapoto o runga o ngā whenua i hiahiatia e ia te pupuru, he takahinga o te Tiriti o Waitangi Ngā Tāone Māori
24: E whākī ana Te Karauna ko tā Ngāti Maniapoto he whakaae ki te whakatūranga o te tāone Māori i Ōtorohanga me Te Kūiti i te tau 1902 mai i tāna whakapono ka pupuritia e ia tōna mana whakahaere mā ōna māngai i pōtitia e ia ki te Kaunihera Whenua o Maniapoto-Tuwharetoa, māna ngā whenua hei whakahaere. Aua atu, ko tā Te Karauna he whakaturetanga i te tau 1905, hei aha koa te whai i ngā whakaaro a Ngāti Maniapoto, kia whakakapia taua kaunihera whenua ki te Poari Whenua o Waikato-Maniapoto, kotahi noa iho tōna mema Māori, nā Te Karauna i whakaingoa. Nā te tautoko o tēnei whakaturetanga me te kore e whai i ngā whakaaro a Ngāti Maniapoto, i kore ai Te Karauna e whakawehi i te mana rangatiratanga o Ngāti Maniapoto, ā, he takahinga tēnei o te Tiriti o Waitangi Te Tuku Whenua
25: E whākī ana Te Karauna—
a: nō roto o te 1907 me te 1910, ka tukua ā-turetia te nui rawa atu o ngā whenua o Ngāti Maniapoto ki te Poari ā-Rohe o Te Whenua Māori;
b: ka tukua aua whenua i raro i te ture ko tōna ritenga kia hokona e Te Poari ētehi whenua, e ai ki te Komihana a Stout-Ngata, tē whāia ai e Ngāti Maniapoto tōna rironga;
c: kāore kau he ritenga o te whakaae a Ngāti Maniapoto ki te tukua te hokona rānei o aua whenua nei, ā, tēnā, kāore kau ana tētehi huarahi e taea ai e Ngāti Maniapoto te whakahoki i aua whenua mai i te mana whakahaere o te Poari tae noa ki te tau 1913; ā
d: mai i reira ka hokona ai e Te Poari ngā whenua hei aha koa te whakaae a ngā uri whenua o Ngāti Maniapoto. E whākī ana Te Karauna nā te whakature o te tuku whenua ki raro o te Poari ā-Rohe o Te Whenua Māori me ngā ritenga o reira kia hokona ētehi whenua e Te Poari hei aha koa te whakaae a ngā uri whenua, he whakakorenga nā Te Karauna o te mana whakahaere o Ngāti Maniapoto ki runga o aua whenua, he takahinga hoki o Te Tiriti o Waitangi Te hoko o ngā pānga a te tangata kotahi hei aha koa te whakataunga a te hunga uri whenua
26: Ka hokona hoki e Te Karauna ētehi whenua o Ngāti Maniapoto kāore i tukua ki te Poari ā-Rohe o te Whenua Māori. Mō ēnei whenua e whākī ana Te Karauna nō roto o ngā tau o muri mai i te 1909, ko tāna he hoko, i ētehi wā, ngā pānga o te hunga tangata kotahi, ēngari mō ngā whakataunga a te hunga uri whenua kia kaua ō rātou whenua e hokona. Ki ēnei whakawhitinga kōrero ko tā Te Karauna he mārama ki tāna tinihanga i te whakataunga ā-iwi o ngā uri whenua o Maniapoto kia kaua ō rātou whenua e hokona mai i te hunga tangata kotahi. Nā reira he kutukutu-ahi ngā whakaritenga o roto o ngā ture whenua Māori i reira ngā ritenga o te whakataunga ā-hapū, ā-iwi hoki, ā, he takahinga o Te Tiriti o Waitangi Ngā kaupapa ahu whenua
27: E whākī ana Te Karauna—
a: Kīhai i tukua e ia ētehi pūtea tautoko i te whakawhanaketanga o ngā whenua o Ngāti Maniapoto tae noa ki te tōmuri o ngā tau 1920, tae ki taua wā ko ngā whenua tūturu makuru o Ngāti Maniapoto i riro kē;
b: ka namahia e Te Karauna ngā utu o aua kaupapa whakawhanaketanga ki te whenua i te mahia kia whakawhanakehia;
c: nā Te Karauna te whakahaere i ngā whenua i te whakawhanakehia, ka pau ngā tekautau i kore ai te mana whakahaere o Ngāti Maniapoto ki runga o aua whenua, nā ko tā Te Karauna he whakahaere i aua nama kia iti iho; ā
d: he kore e whai hua mai i te whakahaere a Te Karauna i aua kaupapa mō Ngāti Maniapoto ki tāna i hiahia ai mai i tāna whai wāhi ki aua kaupapa nei. Ngā take whakawhanake ake
28: E whākī ana Te Karauna kīhai i tutuki te kauapapa whakatōpu nāna i whakatū ki roto o te rohe o Ngāti Maniapoto, nāwai rā he roa nō te whai, i roto i ngā tekautau neke atu. He whākī anō nā Te Karauna tē taea ai e te kaupapa nei te whakatika i ngā take mai i te whatiwhatinga o te purunga o te whenua. Ngā mahinga tūmatanui, Tokanui
29: E whākī ana Te Karauna tua atu o te whānui tāna hoko, ka riro i a ia ētehi whanua anō mai i a Ngāti Maniapoto mā ngā momo tangohanga o te mahinga tūmatanui. He whākīnga anō tonu i tāna tango ā-ture i te nui o te whenua o Ngāti Maniapoto mō Te Hōhipere Mate Hinengaro o Tokanui, kāore hoki he āta rautakinga e kitea ai te tika o te hiahia ki aua whenua. Ka mutu mai i te kore o taua rautakinga ka riro i Te Karauna te nui whakaharahara o aua whenua i Tokanui, nō muri mai ko te nuinga ka whakawhitia ki te Tari Whareherehere hei wāhanga o te Whareherehere o Waikēria. He whakatoihara nui nō ēnei tangohanga o ngā mahinga tūmatanui ki runga o ngā uri whenua o Ngāti Maniapoto, kua raruraru kē i te whakaitinga iho o ngō rātou whenua mai i te raupatu me te whānui o ngā hokonga a Te Karauna. E whākī ana Te Karauna ko ngā āhuatanga mai i āna tangohanga i ngā whenua i Tokanui he takahinga o Te Tiriti o Waitangi Murunga tiaki tirohanga
30: He whākī anō nā Te Karauna i tāna muru ā-ture o ētehi whenua o Ngāti Maniapoto hei tiaki tirohanga. Mō te poraka o Mangoira, e whākī ana Te Karaua nō tāna muru ā-ture i te poraka i te tau 1912 mō te Mokau River Scenic Reserve i raro i ngā Ture o te Mahinga Tūmatanui me te Tiaki Tirohanga i te tau 1908, ka riro i a ia e 3,000 eka o te whenua o Ngāti Maniapoto heoti noa mā te tata ki te rua rau eka noa iho e taea ai te tiaki i te tirohanga. He whākī nā Te Karauna he nui rawa nō te rironga o te poraka Mangoira, he takahinga hoki o Te Tiriti o Waitangi Ngā hokonga a Te Karauna i te Rautau Rua Tekau
31: E whākī ana Te Karauna nā te heipū o āna mahinga, whakarerenga kētanga hoki i tere ake ai, i whānui hoki ai te rironga atu o ngā whenua o Ngāti Maniapoto i roto I te rautau tekau mā iwa me ngā tau tōmua o te rua tekau mā tahi, ā, he pānga nui whakaharaha ki runga o tōna hauora ā-papori, ā-ōhanga. Te riro ā-ture o ngā pānga e kore e whai pūtea
32: E whākī ana Te Karauna nō waenga o ngā tau 1953 ki te 1974 ka whai mana ai te Tarahiti Māori ki ngā ture pēnei me te Ture Take Māori 1953 me te Ture Whakatikatika Take Māori 1967, ki te tango ā-ture ngā pānga e kore e whai pūtea Te Tiriti o Waitangi Te Māperetanga
33: E whākī ana Te Karauna ko tāna māperetanga ki runga o te iwi Māori he māminga nāna o te whakaōritetanga o te whakahere, ēngari he māperetanga o ngā tāne o te rohe o Waikato-Maniapoto anahe, inā rā ko Ngāti Maniapoto tonu. He oti noa te mārama a Te Karauna ko te tokomaha o ngā tūao o Ngāti Maniapoto he ōwehenga ki tōna taupori. Inā rā te kore o te tiaki tika i a Ngāti Maniapoto hāunga ana ki te tiaki i a iwi kē kāore i māperengia nō reirá te pōhēhē kāore i pai te whai wāhi a Ngāti Maniapoto ki ngā take pakanga. Inā hoki ko te kore nō Te Karauna o te whakawehi i te whakahere a Ngāti Manaipoto ki Te Pakanga Tuatahi he whakamau nui o te hauora whakamamae i te iwi. Nā ēnei mahinga, whakarerenga kētanga hoki i takahia ai e Te Karauna Te Tiriti o Waitangi Ngā tākoha a Ngāti Maniapoto ki ngā mahi pakanga a Aotearoa
34: E whākī ana, e karamihi ana hoki, Te Karauna ki ngā tākoha a Ngāti Maniapoto ki ngā mahi pakanga a Aotearoa i te rautau ruatekau, taea noatia te whai wāhi ki te Pakanga i Haute Awherika, ngā Pakanga o Te Ao e rua tahi, te Pakanga i Korea, me te Pakanga i Wietenamu. Take ōhanga ā-papori
35: E whākī ana Te Karauna—
a: kua roa te pāmamae i te painga kore o Ngāti Maniapoto ki tōna hauora, whiwhi whare, me te whiai mātauranga, taea noatia te iti ake o ngā huarahi ki te rapu mahi, whai pūtea hoki mō te whiwhi whare i tō ngā ara e wātea ana ki a tauiwi;
b: mai i ēnei take he pānga kino ki runga o te hauora ā-tinana, ā-ōhanga, ā-ahurea, ā-wairua o Ngāti Maniapoto; ā
c: kua pēhia te tokomaha o Ngāti Maniapoto e ēnei take ōhanga ā-papori ki te rapu mahi ki roto o ngā pokapū tāone nui, ka mutu ka tauwehea ai rātou i ngā tikanga o Ngāti Maniapoto i ō rātou tūrangawaewae, i ō rātou whānau. Ngā penihana me te whakahāwea
36: E whākī ana Te Karauna ka whakahāweatia te Māori, otirā a Ngāti Maniapoto, mā roto o te iti ake o te whakawhiwhinga penihana i tērā o ētehi atu tāngata o Aotearoa i ngā tekau tau e whā tōmua o te rautau rua tekau, ā, ko te whakahāwea pēnei nā i a Ngāti Maniapoto he takahinga o Te Tiriti o Waitangi Poropeihana
37: E whākī ana Te Karauna i te māia o ngā rangatira o Ngāti Maniapoto ki te whakatū me te pupuru i tētehi poropeihana o te waipiro ki tōna rohe i waenga o te 1884-1954 hei urupare i ngā pānga kino o te waipiro ki runga o ōna tāngata hei aha koa te kaha o te akaiaki a te papori Pākehā me te tupu o tōna tokomaha ki roto o te rohe o Ngāti Maniapoto. Mātauranga
38: E whākī ana Te Karauna ko te whainga o te hōtaka mātauranga tōmuri o te rautau tekau mā iwa, tōmua o te rua tekau he horomi i ngā ākonga o Ngāti Maniapoto he manako iti ake hoki mō tā rātou whai i te mātauranga. Waihoki, ka whiua ngā tamariki o Ngāti Maniapoto tae atu ki te wepu mō te korero i te reo Māori ki ngā papa o te kura. E whākī ana Te Karauna nā ēnei wheako i ngaro ai i ētehi o Ngāti Maniapoto tō rātou tuakiri ahurea, mārama hoki ki ngā tikanga, mātauranga hoki, he wāhi nui hoki ki te pōhara o te noho a te nui o Ngāti Maniapoto. Te Reo Māori
39: E whākī ana Te Karauna kāore kau ia i āta tiaki i Te Reo Māori, i āta tautoko hoki i tōna whakamahinga ki roto o Ngāti Maniapoto. He whākīnga anō hoki nā Te Karauna i te pānga nui o ēnei korenga ki te memeha o Te Reo Māori i waenga i te tokomaha o Ngāti Maniapoto, ā, he uaua kē ake te tuku i te reo me ngā tikanga ki ngā uri whakaheke. E whakī ana Te Karauna ko taua kore o te āta tiaki i Te Reo he takahinga o Te Tiriti o Waitangi Taiao
40: E whākī ana Te Karauna—
a: nō mua o te tau 1840 ko Ngāti Maniapoto te kaitiaki o Te Nehenehenui, me tōna hōrapa o te rohe o Ngāti Maniapoto, te whaitua oranga o te tini o ngā momo otaota, momo koiora o te māra a Tāne-mahuta, o te horomata hoki o ngā awa me ngā repo;
b: he kaha roa nō te whakamātuatanga a Te Karauna i te whakawhanake i te ōhanga ēngari mō te tiaki i te taiao, nō reirá te urupatunga o te nuinga o Te Nehenehenui; ā
c: nā taua takakino i tōna taiao i whakamaua ai te pāmamae o Ngāti Maniapoto e mau tonu nei ki te motuhenga o taua kaitiakitanga o runga o ngā maunga, ngā whenua, ngā roto, ngā repo, ngā awa me ngā wāhi tapu o tōna rohe. Wāhi Tapu me Ngā Taonga i Tuku Iho
41: He whākīnga anō hoki nā Te Karauna—
a: nā te murunga o ngā whenua o Ngāti Maniapoto te whakawhitinga o ētehi wāhi tapu, mana ā-whakapapa hoki, ki Te Karauna, ki ētehi tāngata paraiwete hoki, ā, i ētehi wā, te tūkinotanga, te turakinga rānei, ka whara ai a Ngāti Maniapoto ā-ahurea, ā-wairua hoki; ā
b: he āwkeke rawa nō Te Karauna ki te tautoko i te ture e karoa ai te tūkinotanga o ngā wāhi mana ā-whakapapa, ā-ahurea o Ngāti Maniapoto. Tākoha ā-ōhanga
42: E whākī ana Te Krauna i ngā tākoha a Ngāti Maniapoto ki te tupu me te whakawhanake ake o Aotearoa, ā, he hua nui rawa atu ki a Aoteroa, tae atu ana ki ngā whenua nā Ngāti Maniapoto i tākoha hei wāhi e hangatia ai Te Ara-o-Tūrongo. E whākī ana anō Te Karauna i ngā hua i riro i a Aotearoa mai i ngā rawekehanga o te taiao o te rohe o Ngāti Maniapoto. Whākīnga whakamutunga
43: E whākī ana Te Karauna nō roto o ngā tau, ka totohetia ai Te Karauna e Ngāti Maniapoto kia whakahōnoretia ōna here ki Te Ōhākī Tapu me Te Tiriti o Waitangi
44: E whākī ana Te Karauna hei aha koa te kounu me te mamae i pā ki a Ngāti Maniapoto mai i te raupatu me te tāmitanga, kua kaha tonu, mai anō, ki te pupuru i tōna ahurea ā-iwi, tōna mana whenua anō hoki, ki te whakahaere tonu o tōna Māoritanga, me te mana rangatiratanga o Ngāti Maniapoto. Opening acknowledgements: rangatiratanga and te Tiriti/the Treaty
1: The Crown acknowledges that,—
a: as at 1840, Ngāti Maniapoto me ōna hapū maha was a prosperous and thriving iwi in control of its own destiny and it sought a mutually beneficial relationship with the Crown; and
b: when Ngāti Maniapoto rangatira signed te Tiriti o Waitangi Treaty of Waitangi
2: The Crown acknowledges the longstanding grievances of Ngāti Maniapoto and the cumulative effect of the Crown’s breaches of te Tiriti o Waitangi Treaty of Waitangi Taranaki wars
3: The Crown acknowledges that Ngāti Maniapoto carefully weighed the justice of the war in Taranaki in 1860 before intervening in the conflict, which started after the Crown tried to enforce a flawed purchase at Waitara. Labelling as rebels
4: The Crown acknowledges that it unfairly labelled Ngāti Maniapoto as rebels as a result of their involvement in the Taranaki wars. Waikato wars
5: The Crown acknowledges that its representatives and advisers acted unjustly and in breach of te Tiriti o Waitangi Treaty of Waitangi
a: the deaths of Ngāti Maniapoto who fought against the Crown forces; and
b: the indiscriminate killing of women and children non-combatants, including at Rangiaowhia and Ōrākau; and
c: the gratuitous looting and destruction of Ngāti Maniapoto property, including the treasured whare, Hui-Te-Rangiora, for no strategic reason. Confiscations
6: The Crown acknowledges that it confiscated land in Taranaki and Waikato in which Ngāti Maniapoto had interests. These confiscations were unjust and excessive and breached te Tiriti o Waitangi Treaty of Waitangi Refugees
7: The Crown acknowledges that Ngāti Maniapoto sheltered their neighbours and whanaunga after the war and confiscations forced them from their homelands. In failing to provide for those displaced as a result of war and confiscations, the Crown placed significant social and economic strain on Ngāti Maniapoto. The Crown acknowledges that this was a breach of te Tiriti o Waitangi Treaty of Waitangi Peacefulness and Te Kooti
8: The Crown acknowledges the commitment of Ngāti Maniapoto to peace after 1865, and that Ngāti Maniapoto gave sanctuary to Te Kooti for a number of years after he had agreed to abandon warfare and live in peace. The Sim Commission and Waikato-Maniapoto Maori Claims Settlement Act 1946
9: The Crown acknowledges that the Sim Commission did not hear evidence from Ngāti Maniapoto, and that the 1946 Waikato-Maniapoto settlement that was based on the recommendations of this commission did not sufficiently address the grievances of Ngāti Maniapoto. Te Ōhākī Tapu and lifting of aukati
10: The Crown acknowledges that—
a: Te Ōhākī Tapu was a series of negotiations and agreements between the Crown and Ngāti Maniapoto that began in March 1883 and led to the lifting of an aukati around Te Rohe Pōtae in 1885; and
b: Ngāti Maniapoto considered the Te Ōhākī Tapu agreements to be sacred promises; and
c: Ngāti Maniapoto exercised mana motuhake and mana whakahaere in their own rohe before Te Ōhākī Tapu, and the aukati had prevented the Crown from exercising practical authority in Te Rohe Pōtae; and
d: in June 1883, Ngāti Maniapoto and other iwi petitioned the Crown to give practical effect to te Tiriti o Waitangi Treaty of Waitangi
e: the Crown was not prepared to agree to the request of Ngāti Maniapoto for their rohe to be excluded from the jurisdiction of the Native Land Court; and
f: the Crown breached Te Ōhākī Tapu by not upholding promises it had made during the negotiations to—
i: extend the powers of Native Committees in Native Land Court processes and local government; and
ii: acquire only as much Ngāti Maniapoto land for the North Island Main Trunk railway line as would be needed for its construction; and
iii: apply no pressure on Ngāti Maniapoto to sell land they wished to lease; and
iv: provide for Ngāti Maniapoto to sell or lease any land they wished to alienate in open market; and
g: the Crown’s failure to uphold these assurances breached te Tiriti o Waitangi Treaty of Waitangi
11: The Crown further acknowledges that it derived enormous benefits from Te Ōhākī Tapu by being able to construct the North Island Main Trunk railway line through Te Rohe Pōtae, and establish European settlement in the district, but Ngāti Maniapoto did not receive the long-term economic benefits they had been led to expect by the Crown during negotiations. Native land laws and erosion of tribal structures
12: The Crown acknowledges that the operation and impact of the native land laws, in particular the award of Ngāti Maniapoto land to individuals and the enabling of individuals to deal with that land without reference to iwi or hapū, made these lands more susceptible to fragmentation, alienation and partition. This contributed to the erosion of Ngāti Maniapoto tribal structures, which were based on collective tribal and hapū custodianship of land. The Crown acknowledges that its failure to protect these tribal structures was a breach of te Tiriti o Waitangi Treaty of Waitangi
13: The Crown acknowledges that at the time of the Aotea-Rohe Pōtae block hearing in 1886, Ngāti Maniapoto rangatira requested that their land be declared inalienable and that, although the Native Land Court declared this block inalienable, when it was later subdivided some of these subdivisions had no alienation restrictions on them and where alienation restrictions were in place they did not prevent the Crown from purchasing land in the Ngāti Maniapoto rohe. Native Land Court
14: The Crown acknowledges that the Native Land Court title determination process carried significant costs, which at times led to further alienations of land. In particular, the Crown acknowledges that Ngāti Maniapoto had to give up unreasonably large amounts of land to pay for survey costs for some subdivisions within the Rangitoto Tuhua block, as well as within other blocks, and that the Crown’s failure to protect Ngāti Maniapoto from this burden was a breach of te Tiriti o Waitangi Treaty of Waitangi Agents in the Native Land Court
15: The Crown acknowledges that its land purchase agents attended certain Native Land Court hearings in the 1880s despite Ngāti Maniapoto opposition to the presence of such agents in this court. 1890s Crown purchasing
16: The Crown acknowledges that, when it purchased a large amount of Ngāti Maniapoto land during the 1890s and early 1900s, its imposition of monopoly powers meant it had a heightened Treaty duty to negotiate in good faith. The Crown acknowledges that it misused its monopoly powers by—
a: generally paying unreasonably low prices to Māori; and
b: preventing Ngāti Maniapoto, who had expended large sums of money on having their lands surveyed and subdivided, from paying these costs by the leasing of their lands; and
c: using aggressive purchasing tactics, including threats to compulsorily acquire land, in order to pressure Ngāti Maniapoto to sell their land to the Crown. Through these acts and omissions, the Crown failed to negotiate in good faith or actively protect Ngāti Maniapoto interests in their lands and this was a breach of te Tiriti o Waitangi Treaty of Waitangi North Island Main Trunk railway line compensation and labour contracts
17: The Crown acknowledges that, when it constructed the North Island Main Trunk railway line in Te Rohe Pōtae, it did not pay compensation to Ngāti Maniapoto for the section of the railway south of the Pukenui block and that this breached te Tiriti o Waitangi Treaty of Waitangi
18: The Crown further acknowledges that, after 1887, it took no steps to ensure that Ngāti Maniapoto were equally as able as European settlers and immigrants to benefit from employment on construction of the North Island Main Trunk railway line in Te Rohe Pōtae. Mōkau blocks
19: The Crown acknowledges that it failed to actively protect Ngāti Maniapoto interests when it purchased 4 land blocks in the Mōkau district during the 1850s, and then took possession of those lands in the 1880s, even though—
a: more than 25 years had elapsed since the purchases had taken place and Ngāti Maniapoto reasonably believed that the Crown had abandoned the lands; and
b: there had been significant protests against the purchases when the deeds were signed and the Crown had not secured the free and informed consent of all rights holders to all the land it acquired; and
c: the deeds did not adequately define the land the Crown was purchasing. Through these acts and omissions the Crown breached te Tiriti o Waitangi Treaty of Waitangi Mōkau reserves
20: The Crown acknowledges that when purchasing blocks of land in the Mōkau district during the 1850s and taking possession of that land in the 1880s it did not set aside all the reserves Ngāti Maniapoto had expected, as,—
a: in at least 2 instances, it failed to grant reserves Ngāti Maniapoto were entitled to; and
b: it unreasonably delayed granting the remaining reserves, in one case by over a century after the block was sold; and
c: it inadequately protected reserved areas from alienation and allowed occupation of lands meant to be reserved for Ngāti Maniapoto. Through these acts and omissions the Crown breached te Tiriti o Waitangi Treaty of Waitangi
21: The Crown further acknowledges that Ngāti Maniapoto did not receive the economic benefits the Crown had led them to expect from lands sold as part of the Mōkau Awakino purchases. Mokau-Mohakatino
22: The Crown acknowledges that, despite a long period of protest by the owners of Mokau-Mohakatino against a settler’s attempt to lease the block, it did not consult the owners before promoting the Mokau-Mohakatino Act 1888, which validated a lease in favour of that settler over the block that the owners had not consented to. The Crown acknowledges that it failed to accord Ngāti Maniapoto owners of Mokau-Mohakatino equality of treatment, and failed to respect their mana whakahaere and rangatiratanga over their land, and this was a breach of te Tiriti o Waitangi Treaty of Waitangi
23: The Crown further acknowledges that the Mokau-Mohakatino Act 1888, which also provided for the lessee to have monopoly powers to lease additional land in Mokau-Mohakatino, provided an extraordinary degree of support for the claims of a settler against the rights of Ngāti Maniapoto landowners. The Crown concedes that its failure to protect the owners’ interests, when the lessee did not meet their obligations under the lease, contributed to the sale of Mokau-Mohakatino, and this failure to protect Ngāti Maniapoto interests in land they wished to retain was a breach of te Tiriti o Waitangi Treaty of Waitangi Native townships
24: The Crown acknowledges that Ngāti Maniapoto consented to the establishment of native townships at Ōtorohanga and Te Kūiti in 1902 because they were confident that their mana whakahaere would be preserved through their elected representatives on the Maniapoto-Tuwharetoa Māori Land Council, which managed the land. Despite this, the Crown promoted legislation in 1905, without consulting Ngāti Maniapoto, that replaced the land council with the Waikato-Maniapoto Māori Land Board, which had only 1 Māori member, who was appointed by the Crown. By promoting this legislation without consulting Ngāti Maniapoto, the Crown failed to respect Ngāti Maniapoto rangatiratanga and this was a breach of te Tiriti o Waitangi Treaty of Waitangi Vested land
25: The Crown acknowledges that,—
a: between 1907 and 1910, it compulsorily vested a large amount of Ngāti Maniapoto land in the District Māori Land Board; and
b: it vested this land under legislation which required the Board to sell more land than the Stout-Ngata Royal Commission (which investigated Māori land holdings) considered Ngāti Maniapoto could afford to lose; and
c: it did not require Ngāti Maniapoto consent to the vesting of these lands or to their sale, nor did it provide any mechanism by which Ngāti Maniapoto could take back their land from the control of the Board until 1913; and
d: the Board accordingly sold land without the consent of the Ngāti Maniapoto owners. The Crown acknowledges that by compulsorily vesting land in the District Māori Land Board under legislation that required the Board to sell some of that land without the consent of the owners, the Crown denied Ngāti Maniapoto their mana whakahaere over that land, and breached te Tiriti o Waitangi Treaty of Waitangi Purchasing individual interests despite landowners’ collective decision
26: The Crown also purchased Ngāti Maniapoto lands that had not been vested in the District Land Board. In relation to these lands, the Crown acknowledges that in the years following 1909, the Crown sometimes purchased the interests of individual owners, despite collective decisions by landowners not to sell their land. In these negotiations, the Crown consciously flouted the collective decision of Ngāti Maniapoto owners not to sell their land by purchasing from individual owners. This made a sham of provisions in the native land laws which provided for collective decision making, and was a breach of te Tiriti o Waitangi Treaty of Waitangi Development schemes
27: The Crown acknowledges that—
a: the Crown did not provide funding for the development of their land until the late 1920s, by which time most of the best land of Ngāti Maniapoto had already been alienated; and
b: the Crown charged the costs of development schemes against the land for which they were incurred; and
c: the Crown managed the land in the development schemes and Ngāti Maniapoto sometimes lost control of land for decades while the Crown reduced the debts to manageable levels; and
d: the Crown’s administration of the schemes did not always provide the economic benefits that Ngāti Maniapoto had expected would come from their participation in them. Consolidation schemes
28: The Crown acknowledges that the consolidation scheme it instituted within the Ngāti Maniapoto rohe struggled to achieve its goals and lasted for decades longer than initially planned. The Crown further acknowledges that the scheme could not fix many of the underlying issues which caused fragmented land tenure. Public works, Tokanui
29: The Crown acknowledges that in addition to extensive Crown purchasing it took further lands from Ngāti Maniapoto through numerous public works takings. The Crown acknowledges in particular that it compulsorily acquired a large amount of Ngāti Maniapoto land for Tokanui Mental Hospital without sufficiently detailed planning that demonstrated the need to take that land. That failure led the Crown to acquire an excessive amount of land at Tokanui, most of which was later transferred to the Prisons Department, and came to be used for Waikeria Prison. These public works takings caused significant prejudice to the Ngāti Maniapoto owners whose land base had already diminished as a result of raupatu and extensive Crown purchasing. The Crown acknowledges that its acquisition of the land at Tokanui in these circumstances was a breach of te Tiriti o Waitangi Treaty of Waitangi Scenery preservation takings
30: The Crown acknowledges that it further acquired Ngāti Maniapoto land through compulsory takings for scenery preservation. In the case of the Mangoira block, the Crown acknowledges that, when it compulsorily acquired the block in 1912 for the Mokau River Scenic Reserve under the Public Works and the Scenery Preservation Acts 1908, it acquired 3,000 acres of Ngāti Maniapoto land when it only ever required a few hundred acres for the purposes of scenery preservation. The Crown acknowledges that its taking of the Mangoira Block was excessive and constituted a breach of te Tiriti o Waitangi Treaty of Waitangi Twentieth-century Crown purchasing
31: The Crown acknowledges that its cumulative actions and omissions caused Ngāti Maniapoto rapid and significant land loss in the late nineteenth and early twentieth centuries, and this had a severe impact on their social and economic well-being. Compulsory acquisition of uneconomic interests
32: The Crown acknowledges that between 1953 and 1974 the Maori Trustee was empowered through legislation, such as the Maori Affairs Act 1953 and the Maori Affairs Amendment Act 1967, to compulsorily acquire uneconomic interests Tiriti o Waitangi Treaty of Waitangi Conscription
33: The Crown acknowledges that it imposed conscription on Māori in the First World War using the justification of equality of sacrifice, yet it only conscripted men from the Waikato-Maniapoto district, including Ngāti Maniapoto. However, the Crown knew that Ngāti Maniapoto had volunteered in numbers that were proportionate to their population. This amounted to unequal treatment of Ngāti Maniapoto compared with other iwi who were not conscripted and led to a perception that Ngāti Maniapoto had not contributed adequately to the war effort. Further, the Crown’s failure to recognise Ngāti Maniapoto service in the First World War caused the iwi a deep sense of grievance. Through these acts and omissions, the Crown breached te Tiriti o Waitangi Treaty of Waitangi Contributions of Ngāti Maniapoto to New Zealand’s war efforts
34: The Crown acknowledges and pays tribute to the Ngāti Maniapoto contribution to New Zealand’s twentieth century war efforts, including military service during the South African War, both World Wars, the Korean War, and the Vietnam War. Socio-economic issues
35: The Crown acknowledges that—
a: Ngāti Maniapoto have also suffered for too long from inadequate healthcare, housing, and education, as well as reduced employment opportunities and access to financial assistance for housing, when compared to non-Māori; and
b: these factors have had a detrimental effect on the physical, economic, social, cultural and spiritual well-being of Ngāti Maniapoto; and
c: many Ngāti Maniapoto have been forced by their socio-economic circumstances to obtain work in urban centres, which has disconnected them from Ngāti Maniapoto tikanga, their tūrangawaewae and their whānau. Pensions and discrimination
36: The Crown acknowledges that Māori, including Ngāti Maniapoto, suffered discrimination through receiving lower pensions than many other New Zealanders during the first 4 decades of the twentieth century, and that by discriminating against Ngāti Maniapoto in this manner it breached te Tiriti o Waitangi Treaty of Waitangi Prohibition
37: The Crown acknowledges the efforts by Ngāti Maniapoto leaders to institute and maintain a prohibition on alcohol within their rohe between 1884–1954 in response to the damaging effects of alcohol on their people and despite pressure from among the growing European population in the rohe of Ngāti Maniapoto to remove it. Education
38: The Crown acknowledges that the education system in the late nineteenth and early twentieth centuries aimed to assimilate Ngāti Maniapoto students and held lower expectations for their educational achievement. In addition, Ngāti Maniapoto children were punished, including through the infliction of corporal punishment, for speaking te reo Māori on school grounds. The Crown acknowledges that these experiences have contributed to members of Ngāti Maniapoto losing their cultural identity and understanding of tikanga and mātauranga, and have been a factor in the poorer socio-economic circumstances that many Ngāti Maniapoto have lived with. Te Reo Māori
39: The Crown acknowledges that it did not actively protect Te Reo Māori and promote its use amongst Ngāti Maniapoto. The Crown further acknowledges that this contributed to a loss of Te Reo Māori among many Ngāti Maniapoto and has made it harder to pass on the language and tikanga to new generations. The Crown acknowledges that its failure actively to protect Te Reo was a breach of te Tiriti o Waitangi Treaty of Waitangi Environment
40: The Crown acknowledges that—
a: before 1840 Ngāti Maniapoto were kaitiaki of Te Nehenehenui, the great forest covering much of their rohe, which was home to numerous species of flora and fauna, and contained unspoiled awa and repo; and
b: the Crown long prioritised economic development over environmental protection, and this led to the destruction of most of Te Nehenehenui; and
c: the harm caused to their natural taonga has created deep grievances for Ngāti Maniapoto, who continue to maintain a special relationship of kaitiakitanga over the maunga, whenua, roto, repo, awa and wāhi tapu in their rohe. Wāhi tapu and heritage
41: The Crown further acknowledges that—
a: the alienation of Ngāti Maniapoto lands has resulted in wāhi tapu and sites of historical significance to Ngāti Maniapoto being transferred into the ownership of the Crown and private individuals and, sometimes, being damaged or destroyed, causing cultural and spiritual injury to Ngāti Maniapoto; and
b: the Crown was slow to promote heritage legislation that might have protected Ngāti Maniapoto cultural and historical sites of significance from harm. Economic contribution
42: The Crown acknowledges all the contributions Ngāti Maniapoto have made to the growth and development of Aotearoa/New Zealand and from which New Zealand as a whole has greatly benefited, including land Ngāti Maniapoto gifted for the construction of the North Island Main Trunk railway line. The Crown further acknowledges the benefits New Zealand has obtained through the exploitation of natural resources from the rohe of Ngāti Maniapoto. Closing acknowledgements
43: The Crown acknowledges that, over the years, Ngāti Maniapoto have regularly called on the Crown to honour its commitments under Te Ōhākī Tapu and te Tiriti o Waitangi Treaty of Waitangi
44: The Crown acknowledges that, despite the dislocation and suffering Ngāti Maniapoto have endured as a result of colonisation, they have always striven to uphold their tribal unity and mana whakahaere by preserving their Māoritanga and Ngāti Maniapoto rangatiratanga.
10: Apology
The text of the apology offered by the Crown to Ngāti Maniapoto, as set out in the deed of settlement, is as follows: Te whākīnga Hara a te Karauna ki a Ngāti Maniapoto
“(a): Ki a Ngāti Maniapoto me ō hapū huhua, ki ō tūpuna, ki ō rangatira, ki ō kaumātua, ki āu nā tamariki, mokopuna, ki Te Whare o Te Nehenehenui, e tukuna ana e Te Karauna tēnei whākīnga o te hara kua roa nei te whakatika. Nō Te Karauna te tino hē.
b: Kei te nui te manawa pā o Te Karauna ki te nui o ana takahinga o Te Tiriti o Waitangi
c: Kei te nui whakaharahara te whakapāha a Te Karauna ki te kino weriweri me te kore whai take o āna mahi pakanga, raupatu hoki, nāna i nui rawa atu ai tō pāmamae i heke iho i ō tūpuna ki a koe o tēnei wā. Ēngari mō te whakawehi ki tō mana whakahaere, ka patua, ka takakinohia tō iwi e Te Karauna, ka murua ō whenua, ō rawa. Kāore i kaha kē ake tō māia, tō hautoa i kō mai o tō tū i Ōrākau. Heoi anō, i tapā koe hei whakakeke
d: Nō muri mai o ngā pakanga, ka whakatūria e koe te aukati, puru rānei, e pupurutia ai tō mana motuhake. He āwhiti nō Te Karauna, kihai kē ia i whakawehi ki a koe, ka whiua kē ki runga ki a Ngāti Maniapoto te kapua taimaha hei whakahau i a koe ki te whakawātea i ō whenua ki Te Ara-o-Tūrongo, te Rerewē Matua o Te Ika a Māui, me te nōhanga a te Pākehā. Hei aha koa te hara a Te Karauna ko tāu nā he hiahia ki te tiritiri i tētehi rākau pai. I te noho wātea koe ki te whakawhirinaki ki Te Karauna ka tūria ai Te Ōhākī Tapu. I whakapono koe ki ngā kī tapu a Te Karauna.
e: He pāpōuri nō Te Karauna kīhai kē ia i āta whai i ngā oati mana o roto o Te Ōhākī Tapu, he whākīnga hara tūturu nāna o tāna takahi i aua kī tapu. Ēngari mō te whakawehi ki tō mana whakahaere, ka āreia kē e Te Karauna tāu nā whakahaere i ō whenua ake ki tāu e hiahia ai. Ka whakatūria e Te Karauna ngā ture whenua Māori i tukua ai ki te tangata kotahi ō whenua ā-iwi, ka whakatukihia hoki te rironga o ngā rohenga whānui. I rārara ngā ringaringa raweke a Te Karauna.
f: E whākī ana Te Karauna i te hara o te whakaiki o te whakatoihara mauroa o āna takahinga, whakarerenga kētanga i Te Ōhākī Tapu me Te Tiriti i whakatakahia ai ki runga i a koe. Kīhai i riro i a Maniapoto ngā painga ōhanga mai i Te Ōhākī Tapu i oatitia ai e Te Karauna. Nō reira te nui whakaharahara o te rawakore ki runga i ō hapū, whānau hoki, me te āhua o te noho kino ake i tō tauiwi noho. I aukatitia koe mai i te tika o te pito mata tūturu o te tōnui ā-papori, ā –ohanga hoki, inā rā ko tāu nā whawhai ki te pupuru tonu i tōu ake tuakiri me tō reo ake anō hoki. I rawa kore a Ngāti Maniapoto, i whara nui tō reo me ō tikanga.
g: Ka takahia e Te Karauna tō whakawhirinaki i a ia me āna whakaoatia ki ō tūpuna. Tēnei Te Karauna e rapu nei ināianei te ara whakatika i aua hara nāna i taka ai ki runga i a koe. He rapu murunga hara tēnei. E anga ana te titiro a Te Karauna ki ngā rā kei te heke mai me te whakahou i tētehi mahinga ngātahitanga mauroa me Maniapoto e ai ki te wairua o Te Ōhākī Tapu, mai i te Tiriti o Waitangi E Hanga paitia tatou kia piri ai ki te piringa pono … ”. Apology
“(a): To Ngāti Maniapoto me ōna hapū maha, to your tūpuna, your rangatira, your kaumātua, your tamariki and mokopuna, ki a koutou katoa o Te Whare o Te Nehenehenui, the Crown delivers this long overdue apology. Nō te Karauna te tino hē (the Crown was at great fault).
b: The Crown is truly sorry for its many breaches of te Tiriti o Waitangi Treaty of Waitangi
c: The Crown profoundly regrets its horrific and needless acts of war and raupatu, which have caused you and your hapū inter-generational suffering. Instead of respecting your mana whakahaere, the Crown killed and injured your people, and pillaged your land and property. Nowhere did you fight with more courage and tenacity than at the battle of Ōrākau. However, you were labelled as ‘rebels’ by the Crown and left to care for the many refugees seeking your shelter. Kei te nui te aroha (Great was your generosity).
d: Following the wars, you established an aukati or puru to protect your mana motuhake. The Crown regrets that, instead of respecting you, it placed a kapua taimaha, a heavy cloud of pressure, upon Ngāti Maniapoto to induce your people to open up your lands to Te Ara-o- Tūrongo, part of the North Island Main Trunk railway line, and European settlement. Despite the Crown’s hara or wrongdoings, you wanted to plant a tree of goodwill, tētahi rākau pai. You were willing to trust the Crown and entered into Te Ōhākī Tapu. I whakapono koutou ki ngā kī tapu a te Karauna (You trusted the Crown’s solemn words).
e: The Crown regrets that it quickly disregarded the solemn promises in Te Ōhākī Tapu it had made to you and sincerely apologises for breaching them. Instead of respecting your mana whakahaere, the Crown prevented you from managing your lands as you saw fit. The Crown promoted native land laws that led to the award of your tribal lands to individuals and aggressively acquired huge areas of your rohe. I rarara ngā ringaringa raweke a te Karauna (The meddling hands of the Crown spread out).
f: The Crown apologises for the devastating long-term prejudice its acts, omissions and violations of Te Ōhākī Tapu and te Tiriti have caused you. Ngāti Maniapoto did not receive the economic benefits from Te Ōhākī Tapu that the Crown had led you to expect. As a result, your hapū and whānau have faced significant socio-economic deprivation and lived in worse conditions than non-Māori. You were prevented from reaching your full social and economic potential and had to fight to maintain your Maniapoto identity and language. I rawa kore a Ngāti Maniapoto, I whara nui tō reo me ō tikanga (Ngāti Maniapoto were impoverished and your language and customs greatly affected).
g: The Crown broke your trust and the whakaoati made to your tūpuna. The Crown now seeks to make amends for the wrongs it has committed against you. He rapu murunga hara tēnei (this is to seek atonement). The Crown looks forward to the future and forging a renewed and enduring partnership with Ngāti Maniapoto in accordance with the spirit of Te Ōhākī Tapu and based on te Tiriti o Waitangi Treaty of Waitangi Hanga paitia tatou kia piri ai ki te piringa pono. Let us conduct ourselves in a proper way so that we may be bound together by a bond of faith.” 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
1: In this Act, unless the context otherwise requires,— administering body section 2(1) aquatic life section 2(1) area of interest attachments commencement date see section 2 commercial redress property section 154 consent authority section 2(1) conservation area section 2(1) conservation general policy section 118 conservation legislation
a: the Conservation Act 1987; and
b: the enactments listed in Schedule 1 of that Act conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) cultural redress property section 64 deed of recognition
a: means the deed of recognition issued under section 40
b: includes any amendments made under section 40(3) deed of settlement
a: means the deed of settlement dated 11 November 2021 and signed by—
i: the Honourable Andrew James Little, Minister for Treaty of Waitangi Negotiations, and the Honourable Grant Robertson, Minister of Finance, for and on behalf of the Crown; and
ii: Bella Luana Takiari-Brame, Daniel Takutaimoana Te Kanawa, Gabrielle Kuiahine Morgan-Logan, John Reihana Kaati, Keith Richard Ikin, Kruger Arepa Wetere, Luke Thomas Moss, Muiora Barry, Ronald Tahi Takerei, Wanairangi Kihi Rachael Tuwhangai, Thomas Charles Roa, Thomas Leslie Tuwhangai, and Wikitōria Leanne Tane, for and on behalf of Maniapoto; and
iii: Bella Luana Takiari-Brame, Daniel Takutaimoana Te Kanawa, Gabrielle Kuiahine Morgan-Logan, John Reihana Kaati, Keith Richard Ikin, Kruger Arepa Wetere, Luke Thomas Moss, Muiora Barry, Ronald Tahi Takerei, Wanairangi Kihi Rachael Tuwhangai, Thomas Charles Roa, Thomas Leslie Tuwhangai, and Wikitōria Leanne Tane, being the trustees of Te Nehenehenui; 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 154 Director-General documents schedule effective date environmental plan section 118 freshwater fisheries management plan section 2(1) historical claims section 14 interest joint management body section 64 jointly vested property section 64 LINZ local authority section 5(1) Maniapoto Maori Trust Board Maniapoto Maori Trust Board Act 1988 member of Maniapoto section 13(1)﻿(a) national park management plan management plan section 2 Ngā Wai o Maniapoto overlay classification section 45 planning document section 132 property redress schedule record of title section 5(1) regional council section 2(1) Registrar-General section 5(1) 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 Maniapoto; or
iii: 1 or more of ngā toronga o Maniapoto referred to in section 13(1)﻿(c) reserve section 2(1) reserve property section 64 resource consent section 2(1) RFR subpart 4 RFR area section 170 RFR land section 171 ROFO land
a: SA1498/61:
b: SA2007/39:
c: SA19B/209:
d: SA19B/211:
e: SA27A/950:
f: SA32D/455:
g: SA32D/457:
h: 287726:
i: 287727:
j: 287728:
k: TN158/58:
l: TN228/66:
m: TNB3/768:
n: TNB4/536:
o: TNE2/1224:
p: TNE2/1225:
q: TNE2/1226:
r: TNE4/102:
s: TNE4/103:
t: TNG1/1034:
u: TNJ3/676:
v: TNK3/611:
w: TNK3/614:
x: TNK3/616:
y: TNK4/800:
z: TNK4/801 settlement date statutory acknowledgement section 31 Te Nehenehenui te tikanga o Maniapoto Tō Pūniu ki Mōkau Takiwā section 118 trustees of Te Nehenehenui trustees waters sections 29(4) 133(1)﻿(f) working day
a: Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, 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 Auckland, Taranaki, and Wellington.
2: In this Act, a reference to the vesting of a cultural redress property, or the vesting of the fee simple estate in a cultural redress property, includes the vesting of an undivided share of the fee simple estate in the property.
13: Meaning of Maniapoto
1: In this Act, Ngāti Maniapoto me ōna hapū maha Maniapoto
a: mean the collective group composed of individuals who are descended from a Maniapoto tupuna; and
b: include those individuals; and
c: include every toronga o Maniapoto, to the extent that it is composed of those individuals.
2: In this section and section 14 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: whāngai (Māori customary adoption) in accordance with te tikanga o Maniapoto Maniapoto tupuna
a: predominantly in relation to the area of interest at any time after 6 February 1840; and
b: by virtue of being descended from—
i: Rereahu, a descendant of Hoturoa, the commander of the Tainui waka; or
ii: his children, namely, those listed in Part 1 of Schedule 1
iii: either of the 2 contemporaries of Hoturoa also associated with the Tainui waka, namely—
A: Hiaroa; and
B: Rakataura; or
iv: a recognised ancestor of any of the groups listed in Part 2 of Schedule 1 ngā toronga o Maniapoto
a: every whānau, hapū, iwi, or group comprising individuals descended from a Maniapoto tupuna, including those listed in Part 2 of Schedule 1
b: the groups listed in Part 3 of Schedule 1
c: Ngāti Apakura, including Ngāti Hinetū, as huānga (relatives), being a group that maintains its identity while affirming its whakapapa and other historical connections to Maniapoto.
14: Meaning of historical claims
1: In this Act, historical claims
a: means the claims described in subsection (2)
b: includes the claims described in subsection (3)
c: does not include the claims described in subsection (4)
2: The historical claims are every claim that Maniapoto 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 te Tiriti o Waitangi Treaty of Waitangi
ii: under legislation; or
iii: at common law (including aboriginal title or customary law); or
iv: from a fiduciary duty; or
v: otherwise; and
b: arises from, or relates to, acts or omissions before 21 September 1992—
i: by or on behalf of the Crown; or
ii: by or under legislation.
3: The historical claims include—
a: a claim to the Waitangi Tribunal that relates exclusively to Maniapoto or a representative entity, including each of the claims listed in Part 1 of Schedule 2 subsection (2)
b: every other claim to the Waitangi Tribunal, including each of the claims listed in Part 2 of Schedule 2 subsection (2)
4: However, the historical claims do not include—
a: a claim that a member of Maniapoto, or a whānau, hapū, or group referred to in section 13(1)﻿(c)
b: any claim that a member of the following groups has, or may have, that is founded on a right arising as a result of being descended from an ancestor who is not a Maniapoto tupuna:
i: a group referred to in paragraph (b) or (c) section 13(2)
ii: Ngāti Apakura, Ngāti Hinetū, Ngāti Hinemihi, Ngāti Ngutu, Ngāti Paiariki, Ngāti Paretekawa, Ngāti Rākei, and Ngāti Rangatahi; or
c: a claim that a representative entity had, or may have, that is based on a claim referred to in paragraph (a) or (b)
5: A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date. 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)
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)
6: Despite subsection (4) Treaty of Waitangi Act 1975
7: However, the Waitangi Tribunal must not make recommendations in relation to any of the historical claims of Maniapoto that have not been made in the pre-publication version of Te Rohe Pōtae te Mana Whatu Ahuru. Amendment to Treaty of Waitangi Act 1975
16: Treaty of Waitangi Act 1975 amended
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3 Maniapoto Claims Settlement Act 2022, section 15(4) and (5) 2022-09-28 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply
17: Certain enactments do not apply
1: The enactments listed in subsection (2)
a: to a cultural redress property; or
b: to a commercial redress property; or
c: to the land referred to in section 171(1)﻿(a) and (c)
d: to land in the RFR area; or
e: to all or any part of the ROFO land, on and from the date of its transfer, if that land is transferred from Landcorp Farming Limited to the trustees; or
f: for the benefit of Maniapoto 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
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 record of title for, each allotment that—
a: is all or part of—
i: a cultural redress property:
ii: a commercial redress property:
iii: the land referred to in section 171(1)﻿(a) and (c)
iv: the ROFO land; and
b: is solely within the RFR area; and
c: is subject to a resumptive memorial recorded under an enactment listed in section 17(2)
2: The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after—
a: the settlement date, for a cultural redress property, a commercial redress property, the land referred to in section 171(1)﻿(a) and (c)
b: the date of transfer of all or any part of the ROFO land, if that land is transferred from Landcorp Farming Limited to the trustees.
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 record of title 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 Nehenehenui 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 Nehenehenui is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a)
20: Access to deed of settlement
The chief executive of the Office for Māori Crown Relations—Te Arawhiti must make copies of the deed of settlement available—
a: for inspection free of charge, and for purchase at a reasonable price, at that Office 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 that Office.
21: Land subject to Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
1: This section applies if, at the time land is vested or transferred in accordance with this Act, the description of the land includes, or may include, part of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5
2: Despite any other provision in this Act or the deed,—
a: no part of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5
b: the conservation status declared by section 42(1)﻿(a) or (c)
c: any conservation status applied to the land does not apply to any part of the bed; and
d: section 42(2)
3: If the land is a cultural redress property, a written application under section 105 subpart 5
4: In respect of any other land, a transfer instrument must include a statement that this section applies and that the record of title for the land excludes all parts of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5
5: The Registrar-General must, on receipt of a written application or a transfer instrument in respect of the land, note on the record or records of title that—
a: the land is subject to section 21
b: the land excludes all parts of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5
6: A person may apply for the notations entered under subsection (5)
7: The Registrar-General must, as soon as is reasonably practicable after receiving the certificate, remove the notations entered under subsection (5)
8: If the licensed cadastral surveyor’s certificate relates to land that, immediately before its vesting or transfer under this Act, was subject to the Conservation Act 1987 Reserves Act 1977
9: Despite anything in the Land Transfer Act 2017 subsection (5)
10: In this section,— bed section 7 conservation status licensed cadastral surveyor section 4 Te Awa Tupua section 14 Whanganui River section 39(1)
22: Act does not override Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
Except as provided in sections 21(2)﻿(b) and (d) 100(2) and (3) Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
23: Limits on effect of Te Ture Whenua Maori Act 1993
1: Te Nehenehenui is not a trust constituted in respect of—
a: any Maori land for the purpose of section 236(1)﻿(b)
b: any General land owned by Māori for the purpose of section 236(1)﻿(c)
2: In this section, Maori land General land owned by Maori section 4
2: Cultural redress
1: Pou whenua
24: Placing of pou whenua
1: In this section, pou whenua
2: The trustees may erect a permanent pou whenua on the Te Kauri Park Scenic Reserve without the need for further authorisation under any conservation legislation.
3: Subsection (2)
4: The trustees must—
a: comply with building and planning regulations and all other relevant statutory requirements; and
b: if requested by the Director-General, supply evidence of compliance.
5: The trustees are responsible, at their cost, for—
a: obtaining the necessary building consents for the pou whenua; and
b: the construction and maintenance of the pou whenua.
2: Protocols
25: Interpretation
In this subpart,— protocol
a: means each of the following protocols issued under section 26(1) or (2)
i: the primary industries protocol:
ii: Appendix B of the Whakaaetanga Tiaki Taonga; and
b: includes any amendments made under section 26(3) responsible Minister Whakaaetanga Tiaki Taonga General provisions applying to protocols
26: Issuing, amending, and cancelling protocols
1: The responsible Minister for the primary industries protocol must issue the primary industries protocol to the trustees on the terms set out in part 6 of the documents schedule.
2: Appendix B of the Whakaaetanga Tiaki Taonga must be treated as having been issued by the responsible Minister for that protocol on the terms set out in part 6 of the documents schedule.
3: The responsible Minister may amend or cancel a protocol at the initiative of—
a: the trustees; or
b: the responsible Minister.
4: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.
27: Protocols subject to rights, functions, and duties
A protocol does not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability—
i: to introduce legislation and change Government policy; and
ii: to interact with or consult a person that the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of the responsible Minister or a department of State; or
c: the legal rights of Maniapoto or a representative entity.
28: 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)
4: To avoid doubt,—
a: subsections (1) and (2)
b: subsection (3) subsection (2) Primary industries
29: Primary industries protocol
1: The chief executive of the Ministry for Primary Industries must note a summary of the terms of the primary industries protocol in any fisheries plan that affects the primary industries protocol area.
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 Fisheries Act 1996
3: The primary industries 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 primary industries protocol area Taonga tūturu
30: Appendix B of Whakaaetanga Tiaki Taonga
1: Appendix B of the Whakaaetanga Tiaki Taonga 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)
3: Statutory acknowledgement and deed of recognition
31: Interpretation
In this subpart,— relevant consent authority statement of association
a: made by Maniapoto of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
b: set out in part 2 of the documents schedule statutory acknowledgement section 32 statutory area Parts 1 2 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
32: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
33: 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 34 to 36
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 37 and 38
c: to enable the trustees and any member of Maniapoto to cite the statutory acknowledgement as evidence of the association of Maniapoto with a statutory area, in accordance with section 39
34: 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) Resource Management Act 1991
35: 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) Resource Management Act 1991
36: 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
37: 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 32 to 36 38 39
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
38: 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) Resource Management Act 1991
2: A summary provided under subsection (1)﻿(a) section 95B(4)
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)
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
39: Use of statutory acknowledgement
1: The trustees and any member of Maniapoto may, as evidence of the association of Maniapoto 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, because of the statutory acknowledgement, binding as fact on—
a: the bodies referred to in subsection (1)
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)
4: To avoid doubt,—
a: the trustees and members of Maniapoto are not precluded from stating that Maniapoto 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. Deed of recognition
40: Issuing and amending deed of recognition
1: This section applies in respect of the statutory areas listed in Part 2 of Schedule 3
2: The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 3 of the documents schedule for the statutory areas administered by the Department of Conservation.
3: The Minister of Conservation and the Director-General may amend the deed of recognition, but only with the written consent of the trustees. General provisions relating to statutory acknowledgement and deed of recognition
41: Application of statutory acknowledgement to river and 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; but
b: does not apply to—
i: a part of the bed of a river or stream that is not owned by the Crown; or
ii: an artificial watercourse.
2: Despite subsection (1)﻿(b)﻿(i) see Schedule 3
3: In this section, Te Awa Tupua section 14
42: Exercise of powers and performance of functions and duties
1: The statutory acknowledgement and 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 Maniapoto 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) 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 or the Director-General by the deed of recognition.
43: Rights not affected
1: The statutory acknowledgement and 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
44: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Maniapoto Claims Settlement Act 2022 2022-09-28 Resource Management Act 1991
4: Overlay classification
45: Interpretation
In this subpart,— Conservation Board section 6L New Zealand Conservation Authority section 6A Conservation Act 1987 overlay area
a: means an area that is declared under section 46(1)
b: does not include an area that is declared under section 57(1) overlay classification protection principles
a: means the principles agreed by the trustees and the Minister of Conservation, as set out for the area in part 1 of the documents schedule; and
b: includes any principles as they are amended by the written agreement of the trustees and the Minister of Conservation specified actions statement of values
a: made by Maniapoto of their values relating to their cultural, historical, spiritual, and traditional association with the overlay area; and
b: set out in part 1 of the documents schedule.
46: Declaration of overlay classification and the Crown’s acknowledgement
1: Each area described in Schedule 4
2: The Crown acknowledges the statements of values for the overlay areas.
47: Purposes of overlay classification
The only purposes of the overlay classification are—
a: to require the New Zealand Conservation Authority and relevant Conservation Boards to comply with the obligations in section 49
b: to enable the taking of action under sections 50 to 55
48: Effect of protection principles
The protection principles are intended to prevent the values stated in the statement of values for an overlay area from being harmed or diminished.
49: Obligations on New Zealand Conservation Authority and Conservation Boards
1: When the New Zealand Conservation Authority or a Conservation Board considers a conservation management strategy, conservation management plan, or national park management plan that relates to an overlay area, the Authority or Board must have particular regard to—
a: the statement of values for the area; and
b: the protection principles for the area.
2: Before approving a strategy or plan that relates to an overlay area, the New Zealand Conservation Authority or a Conservation Board must—
a: consult the trustees; and
b: have particular regard to the views of the trustees as to the effect of the strategy or plan on—
i: any matters in the implementation of the statement of values for the area; and
ii: any matters in the implementation of the protection principles for the area.
3: If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to an overlay area, the Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.
50: Noting of overlay classification in strategies and plans
1: The application of the overlay classification to an overlay area must be noted in any conservation management strategy, conservation management plan, or national park management plan affecting the area.
2: The noting of the overlay classification is—
a: for the purpose of public notice only; and
b: not an amendment to the strategy or plan for the purposes of section 17I section 46
51: Notification in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the declaration made by section 46
b: the protection principles for each overlay area.
2: An amendment to the protection principles, as agreed by the trustees and the Minister of Conservation, must be notified by the Minister in the Gazette
3: The Director-General may notify in the Gazette sections 52 53
52: Actions by Director-General
1: The Director-General must take action in relation to the protection principles that relate to an overlay area, including the specified actions.
2: The Director-General retains complete discretion to determine the method and extent of the action to be taken.
3: The Director-General must notify the trustees in writing of any action that the Director-General intends to take.
53: Amendment to strategies or plans
1: The Director-General may initiate an amendment to a conservation management strategy, conservation management plan, or national park management plan to incorporate objectives for the protection principles that relate to an overlay area.
2: The Director-General must consult relevant Conservation Boards before initiating the amendment.
3: The amendment is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
54: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for 1 or more of the following purposes:
a: to provide for the implementation of objectives included in a strategy or plan under section 53(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to an overlay area:
c: to create offences for breaches of regulations made under paragraph (b)
d: to prescribe the following fines for an offence referred to in paragraph (c)
i: a fine not exceeding $5,000; and
ii: if the offence is a continuing one, an additional amount not exceeding $500 for every day on which the offence continues.
2: Regulations made under this section are secondary legislation ( see Part 3 Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
55: Bylaws
1: The Minister of Conservation may make bylaws for 1 or more of the following purposes:
a: to provide for the implementation of objectives included in a strategy or plan under section 53(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to an overlay area:
c: to create offences for breaches of bylaws made under paragraph (b)
d: to prescribe the following fines for an offence referred to in paragraph (c)
i: a fine not exceeding $5,000; and
ii: if the offence is a continuing one, an additional amount not exceeding $500 for every day on which the offence continues.
2: Bylaws made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
56: Effect of overlay classification on overlay areas
1: This section applies if, at any time, the overlay classification applies to any land in—
a: a national park under the National Parks Act 1980
b: a conservation area under the Conservation Act 1987
c: a reserve under the Reserves Act 1977
2: The overlay classification does not affect—
a: the status of the land as a national park, conservation area, or reserve; or
b: the classification or purpose of a reserve.
57: Termination of overlay classification
1: The Governor-General may declare, by Order in Council made on the recommendation of the Minister of Conservation, that all or part of an overlay area is no longer subject to the overlay classification.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1)
a: the trustees and the Minister of Conservation have agreed in writing that the overlay classification is no longer appropriate for the relevant area; or
b: the relevant area is to be, or has been, disposed of by the Crown; or
c: the responsibility for managing the relevant area is to be, or has been, transferred to a different Minister of the Crown or the Commissioner of Crown Lands.
3: The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of a relevant area if—
a: subsection (2)﻿(c)
b: there is a change in the statutory management regime that applies to all or part of the overlay area.
4: The Minister of Conservation must ensure that an order under this section is published in the Gazette
58: Exercise of powers and performance of functions and duties
1: The overlay classification does not affect, and must not be taken into account by, any 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 legislation or a bylaw, must not give greater or lesser weight to the values stated in the statement of values for an overlay area than that person would give if the area were not subject to the overlay classification.
3: Subsection (2) subsection (1)
4: This section is subject to the other provisions of this subpart.
59: Rights not affected
1: The overlay classification does not—
a: affect the lawful rights or interests of a person who is not a party to the deed of settlement; or
b: have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, an overlay area.
2: This section is subject to the other provisions of this subpart.
5: Official geographic names
60: Interpretation
In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 official geographic name section 4
61: Official geographic names
1: A name specified in the second column of the table in clause 5.43 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.
2: Each official geographic name is to be treated as if it were an official geographic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19 of the Act.
62: Publication of official geographic names
1: The Board must, as soon as practicable after the settlement date, give public notice, in accordance with section 21(2) and (3) section 61
2: The notice must state that each official geographic name became an official geographic name on the settlement date.
63: Subsequent alteration of official geographic names
1: In making a determination to alter the official geographic name of a feature named under this subpart, the Board—
a: need not comply with section 16 17 18 19(1) 20
b: must have the written consent of the trustees.
2: To avoid doubt, the Board must give public notice of a determination made under subsection (1) section 21(2) and (3)
6: Vesting of cultural redress properties
64: Interpretation
In this subpart,— Crown stratum
a: the water of a lake; and
b: the air above the bed of a lake cultural redress property Schedule 5 Properties vested in fee simple
1: Mangapehi Railway Station property:
2: Te Kūiti Pā Railway Yard carpark:
3: Te Puna o Te Roimata: Properties vested in fee simple to be administered as reserves
4: Aratoro property:
5: Arorangi property:
6: Awaroa property:
7: Hangatiki property:
8: Hauturu West property:
9: Herekawe property:
10: Kahuwera property:
11: Kurukuru property:
12: Mangakahu property:
13: Mangaokewa property:
14: Mapara property:
15: Mokau Estuary property:
16: Mokau property:
17: Ngaherenga property:
18: Omaru Falls property:
19: Piropiro Ketemaringi site A:
20: Piropiro Ketemaringi site B:
21: Rākaunui property:
22: Ranginui property:
23: Tainui property:
24: Tapuae property:
25: Te Arero property:
26: Te Raumauku Caves property:
27: Te Umuroa property:
28: Waiharakeke property:
29: Whareorino site A:
30: Whareorino site B:
31: Whareorino site C:
32: Whareorino site D:
33: Whareroa property: Properties jointly vested in fee simple to be administered as reserves
34: Hikurangi property:
35: Tangitu property:
36: Waihuka property joint management body section 111 jointly vested property paragraphs (34) to (36) lake
a: the space occupied from time to time by the waters of a lake at their highest level without overflowing its banks; and
b: the airspace above the water; and
c: the bed below the water Ngāti Hāua governance entity Ngāti Hāua settlement legislation
a: settles the historical claims of Ngāti Hāua; and
b: provides for the vesting in the Ngāti Hāua governance entity of specified undivided shares in the fee simple estate of the reserve properties named in paragraphs (34) to (36) reserve property paragraphs (4) to (36) Properties vested in fee simple
65: Mangapehi Railway Station property
The fee simple estate in the Mangapehi Railway Station property vests in the trustees.
66: Te Kūiti Pā Railway Yard carpark
The fee simple estate in the Te Kūiti Pā Railway Yard carpark vests in the trustees.
67: Te Puna o Te Roimata
The fee simple estate in Te Puna o Te Roimata vests in the trustees. Properties vested in fee simple to be administered as reserves
68: Aratoro property
1: The reservation of the Aratoro property (being part of Aratoro Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Aratoro property vests in the trustees.
3: The Aratoro property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Aratoro A Scenic Reserve.
69: Arorangi property
1: The reservation of the Arorangi property (being part of Arorangi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Arorangi property vests in the trustees.
3: The Arorangi property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Arorangi A Scenic Reserve.
70: Awaroa property
1: The reservation of the Awaroa property (being Kawhia Harbour (Awaroa) Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Awaroa property vests in the trustees.
3: The Awaroa property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Awaroa Scenic Reserve.
71: Hangatiki property
1: The reservation of the Hangatiki property (being part of Hangatiki Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Hangatiki property vests in the trustees.
3: The Hangatiki property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Hangatiki A Scenic Reserve.
72: Hauturu West property
1: The Hauturu West property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Hauturu West property vests in the trustees.
3: The Hauturu West property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Hauturu West Scenic Reserve.
5: The vesting under subsection (2)
a: the waters of Lake Koraha; or
b: the aquatic life of Lake Koraha (other than plants attached to the bed of the lake).
6: The Crown stratum above the bed of Lake Koraha—
a: remains vested in the Crown; and
b: ceases to be a conservation area under the Conservation Act 1987
c: is declared to be a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
d: is named Lake Koraha Stratum Scenic Reserve.
73: Herekawe property
1: The reservation of the Herekawe property (being part of Herekawe Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Herekawe property vests in the trustees.
3: The Herekawe property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Herekawe A Scenic Reserve.
74: Kahuwera property
1: The reservation of the Kahuwera property (being part of Kahuwera Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Kahuwera property vests in the trustees.
3: The Kahuwera property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Kahuwera A Scenic Reserve.
5: Subsections (1) to (4)
6: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
75: Kurukuru property
1: The reservation of the Kurukuru property (being Kurukuru Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Kurukuru property vests in the trustees.
3: The Kurukuru property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Kurukuru Scenic Reserve.
76: Mangakahu property
1: The Mangakahu property (being part of Pureora Forest Park) ceases to be part of the Pureora Forest Park and a conservation area under the Conservation Act 1987
2: The fee simple estate in the Mangakahu property vests in the trustees.
3: The Mangakahu property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Mangakahu Scenic Reserve.
77: Mangaokewa property
1: The reservation of the Mangaokewa property (being Mangaokewa Gorge Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Mangaokewa property vests in the trustees.
3: The improvements in, on, over, or under the Mangaokewa Stream vest in the trustees.
4: The Mangaokewa property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
5: The reserve is named Mangaokewa Gorge Scenic Reserve.
6: The Minister of Conservation must provide the trustees with registrable easements for—
a: a right of way and a right to place bridge structures, on the terms and conditions set out in part 9.6 of the documents schedule; and
b: a right to convey water, on the terms and conditions set out in part 9.5 of the documents schedule.
7: The easements—
a: are enforceable in accordance with their terms, despite Part 3B
b: are to be treated as having been granted in accordance with Part 3B
8: In subsection (3) improvements
a: 2 bridges within the easement referred to in subsection (6)﻿(a)
b: the water pipe within the easement referred to in subsection (6)﻿(b)
78: Mapara property
1: The reservation of the Mapara property (being part of Mapara Wildlife Management Reserve) as a government purpose (wildlife management) reserve subject to the Reserves Act 1977
2: The fee simple estate in the Mapara property vests in the trustees.
3: The Mapara property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Mapara A Scenic Reserve.
79: Mokau Estuary property
1: The Mokau Estuary property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Mokau Estuary property vests in the trustees.
3: The Mokau Estuary property is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Mokau Estuary Recreation Reserve.
5: Subsections (1) to (4)
6: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
80: Mokau property
1: The reservation of the Mokau property (being part of Mokau Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Mokau property vests in the trustees.
3: The Mokau property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Mangapapa B2A Scenic Reserve.
5: Subsections (1) to (4)
6: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
81: Ngaherenga property
1: The Ngaherenga property (being part of Pureora Forest Park) ceases to be part of Pureora Forest Park and a conservation area under the Conservation Act 1987
2: The fee simple estate in the Ngaherenga property vests in the trustees.
3: The Ngaherenga property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Ngaherenga Scenic Reserve.
82: Omaru Falls property
1: The reservation of the Omaru Falls property (being Omaru Falls Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Omaru Falls property vests in the trustees.
3: The Omaru Falls property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Omaru Falls Scenic Reserve.
83: Piropiro Ketemaringi site A
1: Piropiro Ketemaringi site A (being part of Pureora Forest Park) ceases to be part of Pureora Forest Park and a conservation area under the Conservation Act 1987
2: The fee simple estate in Piropiro Ketemaringi site A vests in the trustees.
3: Piropiro Ketemaringi site A is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Piropiro Ketemaringi A Scenic Reserve.
84: Piropiro Ketemaringi site B
1: Piropiro Ketemaringi site B (being part of Pureora Forest Park) ceases to be part of Pureora Forest Park and a conservation area under the Conservation Act 1987
2: The fee simple estate in Piropiro Ketemaringi site B vests in the trustees.
3: Piropiro Ketemaringi site B is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Piropiro Ketemaringi B Scenic Reserve.
85: Rākaunui property
1: The reservation of the Rākaunui property (being part of Kawhia Harbour (Rakaunui) Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Rākaunui property vests in the trustees.
3: The Rākaunui property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Rākaunui Scenic Reserve.
86: Ranginui property
1: The Ranginui property (being part of Pureora Forest Park) ceases to be part of Pureora Forest Park and a conservation area under the Conservation Act 1987
2: The fee simple estate in the Ranginui property vests in the trustees.
3: The Ranginui property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Ranginui Scenic Reserve.
87: Tainui property
1: The reservation of the Tainui property (being Tainui Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Tainui property vests in the trustees.
3: The Tainui property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Tainui Scenic Reserve.
88: Tapuae property
1: The reservation of the Tapuae property (being part of Tapuae Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Tapuae property vests in the trustees.
3: The Tapuae property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Tapuae A Scenic Reserve.
5: Subsections (1) to (4)
6: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
89: Te Arero property
1: The reservation of the Te Arero property (being Kawhia Harbour (Te Arero) Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Te Arero property vests in the trustees.
3: The Te Arero property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Te Arero Scenic Reserve.
90: Te Raumauku Caves property
1: The reservation of the Te Raumauku Caves property (being part of Te Raumauku Caves Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Te Raumauku Caves property vests in the trustees.
3: The Te Raumauku Caves property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Te Raumauku Caves A Scenic Reserve.
91: Te Umuroa property
1: The reservation of the Te Umuroa property (being Kawhia Harbour (Te Umuroa) Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Te Umuroa property vests in the trustees.
3: The Te Umuroa property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Te Umuroa Scenic Reserve.
92: Waiharakeke property
1: The Waiharakeke property (being part of Kawhia Harbour (Waiharakeke) Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Waiharakeke property vests in the trustees.
3: The Waiharakeke property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Waiharakeke Scenic Reserve.
93: Whareorino site A
1: Whareorino site A ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Whareorino site A vests in the trustees.
3: Whareorino site A is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Whareorino A Scenic Reserve.
94: Whareorino site B
1: Whareorino site B ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Whareorino site B vests in the trustees.
3: Whareorino site B is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Whareorino B Scenic Reserve.
95: Whareorino site C
1: Whareorino site C ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Whareorino site C vests in the trustees.
3: Whareorino site C is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Whareorino C Scenic Reserve.
96: Whareorino site D
1: Whareorino site D ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Whareorino site D vests in the trustees.
3: Whareorino site D is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Whareorino D Scenic Reserve.
97: Whareroa property
1: The Whareroa property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Whareroa property vests in the trustees.
3: The Whareroa property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve is named Whareroa Scenic Reserve. Properties jointly vested in fee simple to be administered as reserves
98: Hikurangi property
1: This section and section 111
a: the settlement date; and
b: the settlement date under the Ngāti Hāua settlement legislation.
2: The reservation of the Hikurangi property (being Hikurangi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
3: The fee simple estate in the Hikurangi property vests as undivided unequal shares in the following as tenants in common:
a: a three-quarter share vests in the trustees under this paragraph; and
b: a quarter share vests in the Ngāti Hāua governance entity under the Ngāti Hāua settlement legislation.
4: The Hikurangi property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
5: The joint management body is the administering body of the reserve, and the Reserves Act 1977 section 26
6: The reserve is named Hikurangi Scenic Reserve.
99: Tangitu property
1: This section and section 111
a: the settlement date; and
b: the settlement date under the Ngāti Hāua settlement legislation.
2: The reservation of the Tangitu property (being part of Tangitu Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
3: The fee simple estate in the Tangitu property vests as undivided half shares in the following as tenants in common:
a: a share vests in the trustees under this paragraph; and
b: a share vests in the Ngāti Hāua governance entity under the Ngāti Hāua settlement legislation.
4: The Tangitu property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
5: The joint management body is the administering body of the reserve, and the Reserves Act 1977 section 26
6: The reserve is named Tangitu A Scenic Reserve.
100: Riverbed adjoining Tangitu property
1: This section takes effect on and from the date on which the fee simple estate in the Tangitu property vests in accordance with section 99(3)
2: The reserve status declared by section 42(1)﻿(c)
3: Section 42(2)
4: In this section, adjoining riverbed
101: Waihuka property
1: This section and section 111
a: the settlement date; and
b: the settlement date under the Ngāti Hāua settlement legislation.
2: The reservation of the Waihuka property (being part of Waihuka Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
3: The fee simple estate in the Waihuka property vests as undivided half shares in the following as tenants in common:
a: a share vests in the trustees under this paragraph; and
b: a share vests in the Ngāti Hāua governance entity under the Ngāti Hāua settlement legislation.
4: The Waihuka property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
5: The joint management body is the administering body of the reserve, and the Reserves Act 1977 section 26
6: The reserve is named Tangitu o Ruaputahanga Scenic Reserve. General provisions applying to vesting of cultural redress properties
102: Properties vest subject to or together with interests
Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 5
103: Interests in land for certain reserve properties
1: This section applies to all or the part of each reserve property listed in subsection (2) Reserves Act 1977 reserve land
2: The reserve properties are—
a: the Hikurangi property; and
b: the Tangitu property; and
c: the Waihuka property.
3: If the reserve property is affected by an interest in land listed for the property in Schedule 5
4: Any interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered owner of the reserve land.
5: Subsections (3) and (4) section 114
104: Interests that are not interests in land
1: This section applies if a cultural redress property is subject to an interest (other than an interest in land) that is listed for the property in Schedule 5
2: The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property, except to the extent that subsection (3)
3: If all or part of the cultural redress property is reserve land to which section 103
4: 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.
105: Registration of ownership
1: This section applies to a cultural redress property vested in the trustees under this subpart.
2: Subsection (3)
3: The Registrar-General must, on written application by an authorised person,—
a: register the trustees as the owners of the fee simple estate in the property; and
b: record any entry on the record of title and do anything else necessary to give effect to this subpart and to part 5 of the deed of settlement.
4: Subsection (5) subsection (2)
5: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for the fee simple estate in the property in the names of the trustees; and
b: record on the record of title any interests that are registered, noted, or to be noted and that are described in the application.
6: For a jointly vested property, the Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for the fee simple estate in the names of the trustees as follows:
i: for the Hikurangi property, for an undivided three-quarter share:
ii: for the Tangitu property, for an undivided half share:
iii: for the Waihuka property, an undivided half share; and
b: record on the record of title any interests that are registered, noted, or to be noted and that are described in the application.
7: Subsections (5) and (6)
8: A record of title must be created under this section as soon as is reasonably practicable after the date on which the property vests, but not later than—
a: 24 months after that date; or
b: any later date that is agreed in writing,—
i: in the case of a property other than a jointly vested property, by the Crown and the trustees; or
ii: in the case of a jointly vested property, by the Crown, the trustees, and the Ngāti Hāua governance entity.
9: In this section, authorised person
a: the chief executive of LINZ, for the following properties:
i: Mangapehi Railway Station property:
ii: Te Kūiti Pā Railway Yard carpark:
iii: Te Puna o Te Roimata:
b: the Director-General, for all other properties.
106: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property 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 Conservation Act 1987
4: Subsections (2) and (3) subsection (1)
107: Matters to be recorded on record of title
1: The Registrar-General must record on the record of title—
a: for a reserve property (other than a jointly vested property),—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 106(3) 112
b: created under section 105(6)
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 103(4) 106(3) 112
c: for any other cultural redress property, that the land is subject to Part 4A
2: A notation made under subsection (1) Part 4A section 24D(1)
3: For a reserve property (other than a jointly vested 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 record of title for the property the notations that—
i: section 24
ii: the property is subject to sections 106(3) 112
b: part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a)
4: For a jointly vested property that is 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 any record of title created under section 105
i: section 24
ii: the property is subject to sections 103(4) 106(3) 112
b: part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a) section 105
5: The Registrar-General must comply with an application received in accordance with subsection (3)﻿(a) or (4)﻿(a)
108: Application of other enactments
1: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
2: The permission of a council under section 348
3: Sections 24 25
4: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under this subpart; or
b: any matter incidental to, or required for the purpose of, the vesting.
109: Names of Crown protected areas discontinued
1: Subsection (2)
a: to the land, or the part of the land, in a cultural redress property that, immediately before the date on which the property vests, was all or part of a Crown protected area; and
b: in the case of the Tangitu property, to the adjoining riverbed.
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,— adjoining riverbed section 100(4) Board Crown protected area Gazetteer official geographic name section 4 Further provisions applying to reserve properties
110: Application of other enactments to reserve properties
1: The trustees are the administering body of a reserve property, except as provided for in relation to the jointly vested properties ( see sections 98(5) 99(5) 101(5)
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 Reserves Act 1977 section 25(2) section 25
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) section 16(10A)
111: Joint management body for jointly vested properties
1: A joint management body is established for the jointly vested properties.
2: The following are the appointers for the purposes of this section:
a: the trustees; and
b: the Ngāti Hāua governance entity.
3: Each appointer may appoint 2 members to the joint management body.
4: A member is appointed only if the appointer gives written notice with the following details to the other appointer:
a: the full name, address, and other contact details of the member; and
b: the date on which the appointment takes effect, which must be no earlier than the date of the notice.
5: An appointment ends after 5 years or when the appointer replaces the member by making another appointment.
6: A member may be appointed, reappointed, or discharged at the discretion of the appointer.
7: Sections 32 to 34
8: However, the first meeting of the body must be held not later than 2 months after the date on which the properties vest.
112: 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: In the case of a jointly vested property, the fee simple estate in the reserve land may be transferred only in accordance with section 114
3: The fee simple estate in the reserve land in any other property may be transferred only in accordance with section 113 114
4: In this section and sections 113 to 115 reserve land subsection (1)
113: Transfer of reserve land to new administering body
1: The registered owners 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 owners 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 owners 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.
114: Transfer of reserve land if trustees change
The registered owners 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' lawyer, verifying that paragraphs (a) and (b)
115: Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
116: 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
7: Vesting and gifting back of property
117: Delayed vesting and gifting back of Te Ara-o-Tūrongo
1: The fee simple estate in Te Ara-o-Tūrongo vests in the trustees on the vesting date.
2: Immediately after that vesting, the fee simple estate in Te Ara-o-Tūrongo vests in the Crown as a gifting back to the Crown by the trustees for the people of New Zealand.
3: However, the following matters continue to apply as if the vestings had not occurred:
a: Te Ara-o-Tūrongo remains land that is held for railway purposes, and part of the railway corridor; and
b: any enactment, instrument, or interest that applied to Te Ara-o-Tūrongo immediately before the vesting date continues to apply to it; and
c: the Crown and the New Zealand Railways Corporation retain all liability for Te Ara-o-Tūrongo; and
d: the role of KiwiRail and the New Zealand Railways Corporation in relation to Te Ara-o-Tūrongo does not change.
4: The vestings are not affected by—
a: Part 4A
b: section 10 11
c: section 11 Part 10
d: any other enactment relating to the land.
5: The vesting referred to in subsection (1) subpart 4
6: In this section,— Te Ara-o-Tūrongo vesting date
8: Waikato Conservation Management Strategy and effect of environmental plan
118: Interpretation
In this subpart,— conservation general policy section 17B environmental plan
a: means the Ko Tā Maniapoto Mahere Taiao—Maniapoto Environmental Management Plan prepared by the Maniapoto Maori Trust Board and issued by the Board in April 2016; or
b: if the plan is amended or replaced, means the plan as amended or the replacement plan national and regional objectives, policies, and milestones Tō Pūniu ki Mōkau Takiwā Tō Pūniu ki Mōkau Takiwā Chapter
a: is to be included in the Waikato Conservation Management Strategy in accordance with sections 119 to 121
b: is to apply to Tō Pūniu ki Mōkau Takiwā; and
c: comprises the outcomes, policies, and milestones that apply exclusively to that Place Waikato Conservation Management Strategy
a: is prepared and approved under section 17F
b: is in effect from time to time in an area that includes Tō Pūniu ki Mōkau Takiwā, in whole or in part.
119: Requirements relating to Waikato Conservation Management Strategy
On and after the date on which the Director-General notifies the trustees under section 120 section 17H 17I Conservation Act 1987
a: the Waikato Conservation Management Strategy must include Tō Pūniu ki Mōkau Takiwā Chapter; and
b: despite sections 17D 17F
c: the Director-General must notify the trustees in writing if the Director-General intends to prepare, amend, or review the Waikato Conservation Management Strategy, to the extent that it applies to Tō Pūniu ki Mōkau Takiwā Chapter; and
d: the functions of the Minister of Conservation under section 17F(j)﻿(ii), (l)﻿(ii), (n), (o), and (p)﻿(ii)
120: Partial review to include Tō Pūniu ki Mōkau Takiwā Chapter
The Director-General must, within 5 years of the settlement date, notify the trustees that the Director-General intends to initiate a review of part of the Waikato Conservation Management Strategy under section 17H
121: Other responsibilities to continue
1: Nothing in sections 118 to 120 Conservation Act 1987
a: the New Zealand Conservation Authority in approving the Waikato Conservation Management Strategy:
b: the relevant Conservation Board in recommending the Waikato Conservation Management Strategy to the New Zealand Conservation Authority for approval:
c: the Director-General in determining the boundaries of any conservation management strategy.
2: The provisions of sections 118 to 120 Effect of environmental plan
122: Application of
sections 123 and 124
1: Sections 123 124
2: However, if the environmental plan is amended or replaced, sections 123 124
123: Director-General’s obligation if acting under sections 17D and 17F of Conservation Act 1987
1: This section applies if a conservation management strategy that has effect within the area of interest of Maniapoto is to be prepared, reviewed, or amended under the Conservation Act 1987.
2: The Director-General must, when performing or exercising the functions, powers, or duties of the Director-General under sections 17D 17F
124: Obligations of Director-General and trustees when acting jointly
1: Subsection (2) sections 17D 17F
2: The Director-General and the trustees must have particular regard to the environmental plan.
9: Maniapoto interest in part of exclusive economic zone
125: Maniapoto interest in certain part of exclusive economic zone
Maniapoto statement of interest
1: The Maniapoto interest in the part of the exclusive economic zone described in subsection (2)
a: the Maniapoto commercial fishing rights and interests; and
b: the Maniapoto cultural relationship with the marine environment; and
c: the recognition of, and provision for, mātauranga and Maniapoto values in the management of the marine environment; and
d: the role of Maniapoto as rangatira and kaitiaki of the marine environment and their ability to exercise kaitiakitanga and rangatiratanga for the following purposes:
i: to protect, care for, and develop the marine environment and enhance the mauri and wairua of marine resources and cultural heritage for future generations; and
ii: to restore and protect marine ecosystems, taonga species, and their habitats and migration routes; and
iii: to restore and protect water quality; and
iv: to protect, restore, manage, and develop commercial and customary fisheries, traditional mahinga kai areas, and kaimoana stocks in a manner consistent with te tikanga o Maniapoto, kawa, and mātauranga; and
v: to exercise customary uses and practices associated with fishing, collecting kaimoana, and utilising marine resources and tikanga-based customary fisheries management tools; and
vi: to achieve the objectives for customary fisheries management that Maniapoto has set out from time to time in customary fisheries management plans.
2: The area of the exclusive economic zone referred to in this section and section 126
a: commences at a point at 174°19′36.6″E and 38°02′07.1″S on the boundary between the territorial sea and the exclusive economic zone; and
b: then proceeds—
i: in a generally southerly direction 46 nautical miles to a point at 174°11′47.0″E and 38°46′49.8″S; and
ii: then in a generally northerly direction 53 nautical miles along the boundary between the territorial sea and the exclusive economic zone to the point of commencement.
3: To avoid doubt, nothing in this section or section 126
4: In this section and section 126 exclusive economic zone section 2(1) existing interest section 4(1) marine ecosystem marine environment
a: means the natural and biological resources comprising any marine ecosystem; and
b: includes all marine life and the oceans and seas where marine life exists taonga species
a: īnanga (whitebait); and
b: piharau (lamprey); and
c: ika matua (southern bluefin tuna); and
d: pātiki (flounder); and
e: kūtai (mussels); and
f: tuna (eels); and
g: kōura (crayfish); and
h: ahoaho (Hector’s dolphin) territorial sea section 3
126: The Crown acknowledges Maniapoto statement of interest
The Crown acknowledges that—
a: the marine environment is highly valued and important to the culture, tradition, and history of the people of Maniapoto; and
b: the Maniapoto interest described in section 125(1) section 125(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
10: Cultural materials
127: Interpretation
In this subpart,— cultural materials
a: the material is found within the area of interest of Maniapoto; and
b: the material is important to Maniapoto in expressing and maintaining their cultural values and practices cultural materials plan section 128 dead protected wildlife
a: means the dead body or any part of the dead body of any wildlife that is protected, whether absolutely or partially, under the conservation legislation; but
b: excludes marine mammals possess dead protected wildlife Cultural materials plan
128: Preparation of cultural materials plan
1: The trustees and the Minister of Conservation must jointly agree a cultural materials plan that provides for the members of Maniapoto to collect and possess cultural materials.
2: The first cultural materials plan must be agreed not later than the fifth anniversary of the settlement date or a later date as the trustees and the Minister of Conservation may agree.
129: Scope of cultural materials plan
The cultural materials plan must set out the terms and conditions on which the trustees may grant authorisations, in accordance with section 130 Authorisations for collecting and possessing certain cultural materials
130: Authorisation to collect or possess cultural materials
1: The trustees may issue a written authorisation to a member of Maniapoto,—
a: to collect plants or plant materials:
b: to possess dead protected wildlife.
2: An authorisation may be issued without the requirement for a permit or other authorisation under the conservation legislation.
3: An authorisation may be issued only if—
a: a cultural materials plan has been agreed and is in effect; and
b: the authorisation is consistent with the cultural materials plan.
4: An authorisation to possess dead protected wildlife must not permit the hunting, taking alive, or killing of living wildlife.
131: Possession of dead protected wildlife
Despite the Wildlife Act 1953 or regulations made under that Act, a member of Maniapoto may possess dead protected wildlife if the member—
a: holds a written authorisation issued under section 130(1)
b: has acted in accordance with—
i: the terms and conditions of the authorisation; and
ii: the relevant provisions of the cultural materials plan.
3: Raumairoa: natural resources redress
132: Interpretation
In this Part,— Agreement subpart 2 councils
a: in subpart 2 section 135
b: in subpart 3 section 150 parties planning document Resource Management Act 1991
a: a district plan:
b: a proposed district plan:
c: a regional plan:
d: a proposed regional plan:
e: a regional policy statement:
f: a proposed regional policy statement.
1: Matters of significance and guiding principles
133: The Crown’s acknowledgement of statement by Maniapoto
Statement of significance of Ngā Wai o Maniapoto
1: The Crown acknowledges the following statement by Maniapoto of the significance of Ngā Wai o Maniapoto to Maniapoto:
a: Ngā Wai o Maniapoto are awa tūpuna and living taonga to Ngāti Maniapoto. The relationship between Ngāti Maniapoto and Ngā Wai o Maniapoto is historic, cultural, physical, and spiritual. Generations of the tribe have long exercised their kaitiakitanga responsibilities and other tikanga in relation to the waterways and the associated beds, banks, fisheries, plants, taniwha, and mauri (life force) of Ngā Wai o Maniapoto:
b: Ngā Wai o Maniapoto have been, and continue to be, central to—
i: the way of life and the spiritual and physical well-being of Maniapoto; and
ii: their tribal identity and culture:
c: Ngā Wai o Maniapoto include the Waipā, the Mangapu, the Marokopa, the Mōkau, the Mangapeehi, the Ongārue, the Waimiha, the Ōhura, and the Taringamotu rivers. There is a long history of Ngāti Maniapoto occupation along those waterways, a number of which were navigable waters that allowed Ngāti Maniapoto hapū and others to travel and trade afar:
d: these waters were also a critical source of sustenance, a fishery for īnanga, tuna, and freshwater crayfish as well as watercress and other plant life:
e: there are a number of taniwha associated with Ngā Wai o Maniapoto, not least Waiwaiā and Tūheitia, being spiritual guardians of all things that are the Waipā River. Another is Papaki Rae, 1 of 6 placed along the Ongārue River. Tradition also talks about Te Rua o te Taniwha, the lair of the taniwha near the mouth of the Marokopa River. These guardians remain there to this day:
f: Ngā Wai o Maniapoto, including the associated creeks, streams, wetlands, springs, rivers, and lakes within the area of interest, as well as the coastal waters within the area of interest, have a deep historic, intellectual, physical, and spiritual significance to Ngāti Maniapoto. They are living taonga to the iwi. Ngāti Maniapoto have a great obligation and sense of responsibility to restore, maintain, and protect the quality and integrity of Ngā Wai o Maniapoto for present and future generations:
g: Ngā Wai o Maniapoto provided all manner of sustenance to Ngāti Maniapoto, including physical and spiritual nourishment that has, over generations, maintained the functions of kāinga and marae, and the health and well-being of whānau, hapū, and the iwi:
h: Ngāti Maniapoto had well-established social structures, with tikanga and kawa or regulatory practices in relation to them. There were distinct belief systems that ordered the exercise of rangatiratanga and kaitiakitanga for Ngā Wai o Maniapoto. There were coastal and riverside settlements and pā, cultivations, burial sites, and other wāhi tapu:
i: Ngā Wai o Maniapoto were also sources and places of traditional rituals and healing, where the tohi (including purification) rituals were performed and the umbilical rites observed:
j: the mauri or the health and well-being, and the mana, of the people of Maniapoto has always been closely linked to the health and well-being of their surrounding waters. The waters are the identity and mana of whānau, hapū and the iwi, as evidenced by their pronouncement in pepeha or family and tribal mottos:
k: the historic degradation of Ngā Wai o Maniapoto and the exclusion of Ngāti Maniapoto participation in the management of these waters has been a source of distress for Maniapoto but has not diminished the deep significance these waters continue to hold for the people of Maniapoto.
2: The Crown also acknowledges that the environmental plan—
a: sets out a statement and strategy for recognising Ngā Wai o Maniapoto and their relationship with the broader environment; and
b: provides objectives, policies, and actions for those matters.
3: Nothing in this Part limits any other arrangements for natural resources provided by other te Tiriti o Waitangi Treaty of Waitangi
134: Vision, principles, and aspirations
1: To assist with the interpretation of the redress provided under this Part, this section sets out the vision of Maniapoto, the principles underpinning that vision, and the aspirations of Maniapoto. Maniapoto vision
2: The vision of Maniapoto is for a constructive ongoing relationship between Maniapoto, the Crown, and local authorities in relation to Ngā Wai o Maniapoto in a way that—
a: respects Maniapoto tikanga; and
b: supports the relationship of Maniapoto and their culture and traditions with their ancestral lands, waters, sites, wāhi tapu, and other taonga.
3: Maniapoto seek to develop relationship agreements with the Crown to enhance the oranga (well-being) of their people, including developing relationship agreements that will contribute to the social, economic, and cultural aspirations of the individuals, whānau, and hapū of Maniapoto, including their health, well-being, and success. Principles
4: The Maniapoto vision is underpinned by the following principles:
a: Te Mana o te Wai:
b: Ngā Wai o Maniapoto:
c: Te mana tuku iho o Waiwaiā:
d: Kaitiakitanga:
i: the restoration of the relationship of Maniapoto with wai; and
ii: the restoration and maintenance of the ability of Ngā Wai o Maniapoto to provide for the practice of manaakitanga; and
iii: the recognition and respect for the kawa, tikanga, and kaitiakitanga of Maniapoto; and
iv: the encouragement and empowerment of active involvement of Maniapoto in the expression of their kaitiaki responsibilities:
e: Recognition of the mana of Maniapoto:
f: Recognition of Maniapoto as kaitiaki and rangatira:
g: Te Tiriti o Waitangi Treaty of Waitangi Tiriti o Waitangi Treaty of Waitangi Tiriti o Waitangi Treaty of Waitangi Aspirations of Maniapoto
5: Maniapoto state that their aspirations are as follows:
a: that resource users and decision makers will collaborate with the people of Maniapoto to ensure that any adverse effects on Maniapoto or the environment arising from resource use are appropriately avoided or mitigated to the extent agreed by Maniapoto, the users, and the decision makers:
b: that Maniapoto and the Crown and Maniapoto and local authorities will develop and strengthen 2-way building of capacity and capability in reviewing, regulating, and managing activities that have an impact on Ngā Wai o Maniapoto so as to promote the vision of Maniapoto:
c: that Maniapoto perspectives and the strategic documents of Maniapoto, such as the environmental plan, and any that may be developed and implemented in the future for the Maniapoto rohe, will be appropriately recognised and incorporated into the functions and decisions of public agencies:
d: that Maniapoto will work with local authorities to co-design and co-govern programmes for—
i: developing appropriate data resources, research services, and Maniapoto data capability; and
ii: designing programmes and supporting investment in innovation and research to improve the skills that provide for a process designed by Maniapoto to deliver positive outcomes for Maniapoto; and
iii: establishing monitoring and accountability methods for measuring equitable outcomes for Maniapoto and assessing progress towards those outcomes.
2: Joint management agreement
General requirements
135: Joint management agreement required
1: Not later that 12 months after the commencement date (or a later date agreed in writing), the following councils must enter into a joint management agreement with the trustees:
a: Waikato Regional Council; and
b: Waitomo District Council; and
c: Ōtorohanga District Council.
2: The Agreement entered into under this subpart must relate to the area marked M ( area M
136: Scope of Agreement
1: The Agreement—
a: applies only within the area marked M
b: within that area, must include only matters relating to Ngā Wai o Maniapoto and activities within their catchments affecting Ngā Wai o Maniapoto; and
c: must cover the matters described in section 138
2: The Agreement must—
a: contain mechanisms and processes that recognise and reflect the mana of Maniapoto and the relationship of Maniapoto with Ngā Wai o Maniapoto; and
b: provide for the management of the following matters within area M:
i: Ngā Wai o Maniapoto; and
ii: activities within the catchments affecting Ngā Wai o Maniapoto; and
iii: any other matters, as provided for in subsection (3)
3: The Agreement must provide for the councils and the trustees to work together to exercise or perform the following functions, powers, and duties under the Resource Management Act 1991:
a: monitoring and enforcement ( see section 139
b: preparation, review, variation, or change of a planning document ( see section 140
c: the functions, powers, and duties under Part 6 Resource Management Act 1991 see section 141
4: The Agreement may cover additional matters agreed under section 148
137: Legal framework and other matters
Legal framework
1: Sections 36B to 36E
2: The exercise of a power or performance of a function or duty under the Agreement has the same legal effect as a function, power, or duty exercised or performed by a council.
3: By written agreement of the parties to the Agreement, the Agreement may be treated as, or as part of, a Mana Whakahono a Rohe under section 58O(7)
4: A council must not use the special consultative procedure under section 83
5: The Agreement is enforceable by the parties. Other arrangements
6: The Agreement does not prevent a council from—
a: entering into any other joint management agreement with the trustees under the Resource Management Act 1991
b: participating in any co-management arrangement with Maniapoto under any other legislation:
c: making a transfer or delegation to the trustees.
7: A council may exercise or perform a statutory power or function that is affected by the Agreement on its own account and not in accordance with the agreement—
a: if the statutory time frame for the exercise or performance of that power or function cannot be complied with under the Agreement; or
b: in the event of an emergency.
8: However, a council must use its best endeavours to work with the trustees and comply with the Agreement if practicable in the circumstances.
138: Principles for development and operation of Agreement
1: The councils and the trustees must work together—
a: to develop the Agreement; and
b: to operate under the Agreement.
2: In working together, the councils and the trustees must act in a manner that is consistent with the principles—
a: of promoting the overarching purpose of the Raumairoa (natural resources redress), which is—
i: to care for and protect Ngā Wai o Maniapoto; and
ii: to restore and maintain, for present and future generations, the quality and integrity of the waters that flow into, and form part of, Ngā Wai o Maniapoto; and
b: of acting in a manner consistent with the principles of te Tiriti o Waitangi Treaty of Waitangi
c: of recognising the statutory functions, powers, and duties of the local authorities within the area where the Agreement applies; and
d: of respecting the mana of Maniapoto; and
e: of jointly committing—
i: to work together in good faith and in a spirit of co-operation; and
ii: to recognise and acknowledge that the parties benefit from working together by sharing their respective vision, knowledge, and expertise; and
iii: to participate effectively in co-management; and
iv: to communicate in an open, honest, and transparent way; and
v: to ensure that they work together from an early stage; and
vi: to make their best endeavours to ensure that the purpose of the Agreement is achieved and enduring; and
vii: to recognise that the relationship between the parties will evolve; and
viii: to recognise that the Agreement operates within statutory frameworks and the importance of complying with those statutory frameworks; and
ix: to commit to meeting statutory time frames and minimising costs and delays associated with those time frames.
139: Monitoring and enforcement
1: This section applies to monitoring and enforcement relating to Ngā Wai o Maniapoto and activities within their catchments affecting Ngā Wai o Maniapoto.
2: The part of the Agreement on monitoring and enforcement must provide for the local authority and the trustees to—
a: meet at least twice each year to—
i: discuss and agree the priorities for the monitoring and enforcement of the matters set out in section 35(2)﻿(a) to (e)
ii: discuss and agree the methods for, and the extent of, the monitoring of those matters; and
iii: discuss the opportunities for the trustees to participate in the monitoring of those matters; and
b: meet at least twice each year to discuss appropriate responses to deal with the outcomes of the monitoring of those matters, including—
i: the potential for review of planning documents; and
ii: enforcement under the Resource Management Act 1991
c: agree appropriate procedures for reporting back to the trustees on the enforcement action taken by the councils; and
d: discuss and agree the role of the trustees in the 5-yearly review provided for in section 35(2A)
e: discuss the opportunities for persons nominated by the trustees to participate in enforcement action under the Resource Management Act 1991
3: The councils and the trustees each bear their own costs of complying with this section.
4: Schedule 7 Planning documents
140: Preparation, review, change, or variation of planning documents
1: This section applies to preparing, reviewing, changing, or varying any planning document, to the extent that those processes relate to Ngā Wai o Maniapoto.
2: The part of the Agreement on preparing, reviewing, changing, or varying a planning document must provide that,—
a: before beginning the process to prepare, review, change, or vary a planning document, the councils and the trustees must convene a joint working party to discuss and recommend to the councils—
i: the process to be adopted for the preparation, review, change, or variation; and
ii: the general form and content of any document to be drafted for the purposes of consultation or notification under clause 5 Resource Management Act 1991
b: the councils and the trustees must decide jointly on the final recommendation to councils on whether to commence a review of, or to amend, a planning document; and
c: the councils and the trustees must decide jointly on the final recommendation to the councils on the content of a planning document to be notified under clause 5
d: the councils and the trustees must discuss the potential for the trustees to participate in making decisions on the provisions and matters raised in submissions on a planning document under clause 10
3: In subsection (2)﻿(b)
4: However, any recommendation to review or amend a planning document is subject to compliance with—
a: any statutory requirement to review or amend the planning document; and
b: any relevant statutory time frames.
5: The part of the Agreement on preparing, reviewing, changing, or varying a planning document must also provide a mechanism for the trustees to participate in processes under Parts 2 4 Resource Management Act 1991
6: The councils and the trustees each bear their own costs of complying with this section.
7: Schedule 7
141: Resource consent process
1: This section applies to—
a: applications made to the Waikato Regional Council for resource consents to—
i: dam, take, use, or divert water from or in Ngā Wai o Maniapoto:
ii: discharge a contaminant or water into Ngā Wai o Maniapoto:
iii: discharge a contaminant onto or into land in circumstances that will result in the contaminant (or any other contaminant deriving from that contaminant as a result of natural processes) entering Ngā Wai o Maniapoto:
iv: use, erect, reconstruct, place, alter, extend, remove, or demolish a structure or part of a structure in, on, under, or over the bed or banks of Ngā Wai o Maniapoto:
v: excavate, drill, tunnel, or otherwise disturb the bed or banks of Ngā Wai o Maniapoto:
vi: deposit a substance in, on, or under the bed or banks of Ngā Wai o Maniapoto:
vii: reclaim or drain any part of the bed of Ngā Wai o Maniapoto:
viii: enter onto or pass across the bed of Ngā Wai o Maniapoto:
ix: introduce or plant a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of Ngā Wai o Maniapoto:
x: damage, destroy, disturb, or remove a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of Ngā Wai o Maniapoto:
xi: damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed or banks of Ngā Wai o Maniapoto:
xii: damage, destroy, disturb, or remove the habitats of animals or aquatic life in, on, or under the bed or banks of Ngā Wai o Maniapoto; and
b: applications to a relevant territorial authority for resource consents for the use of, or activities on, the surface of the water in Ngā Wai o Maniapoto.
2: The part of the Agreement relating to the resource consent process must provide that—
a: each council must provide the trustees with a summary of applications for resource consents received by the council; and
b: the information provided under paragraph (a)
i: the same as would be given to affected persons through limited notification under section 95B
ii: provided as soon as is reasonably practicable after the application is received and before a determination is made under sections 95A 95B
c: the councils and the trustees must jointly develop and agree criteria to assist local authority decision making under the following processes or sections of the Resource Management Act 1991
i: best practice for pre-application processes:
ii: best practice for the circumstances in which to commission cultural impact and similar assessments:
iii: section 87D
iv: section 88(3)
v: section 91
vi: section 92
vii: sections 95 95F
viii: sections 127 128
3: The criteria developed and agreed under subsection (2)﻿(c)
a: are additional to, and must not derogate from, the criteria that the local authorities must apply under the Resource Management Act 1991
b: do not impose a requirement on a consent authority to change, cancel, or review consent conditions.
4: The councils and the trustees each bear their own costs of complying with this section.
5: Schedule 7 Process for finalising Agreement
142: Joint committee convened
1: Not later than 60 working days after the commencement date, the councils and the trustees must convene a joint committee to be responsible for the process of finalising the Agreement.
2: The councils and the trustees and must work together, through the joint committee, in a positive and constructive manner, to finalise the Agreement, with facilitation by the Crown, within the time frame specified in section 135(1) section 138
3: The councils and the trustees may seek any facilitation, mediation, or other resolution process that they consider would be appropriate to assist in the process of finalising the Agreement.
4: The joint committee convened under this section is not a joint committee for the purpose of Schedule 7
5: Schedule 7 sections 143 144
143: Minister to be advised of progress
1: Not later than 14 months after the settlement date, the councils and the trustees must give notice in writing to the Minister for the Environment,—
a: confirming that all matters relating to the Agreement have been finalised; or
b: identifying any issues in dispute that the parties have been unable to resolve, the nature of the issues, and the respective positions of the parties on those issues; or
c: advising under section 135
2: If notice is given under subsection (1)﻿(a)
3: The councils and the trustees may agree that the Agreement is to come into force in stages.
4: If notice is given under subsection (1)﻿(b)
5: The Minister and the trustees may work together in accordance with subsection (4)
144: Finalisation of Agreement
1: If, at the end of the 2-month period referred to in section 143(5)
a: finalise the Agreement; and
b: give notice in writing to the Minister for the Environment specifying the date on which the Agreement is to come into force.
2: However, if at the end of the 2-month period there remain disputed issues in relation to the Agreement,—
a: the Minister for the Environment must determine the disputed issues; and
b: on the basis of the Minister’s determinations, the councils and the trustees must—
i: finalise the Agreement; and
ii: give notice in writing to the Minister, specifying the date on which the Agreement is to come into force.
3: If notice is given in accordance with subsection (1)
4: In making a determination under subsection (2)﻿(a) section 138
145: If notice given under
section 143
1: If notice is given under section 143(1)﻿(c)
a: to confirm that—
i: all matters relating to the Agreement have been agreed; and
ii: the Agreement will be in force on the agreed extended date; or
b: to identify the disputed issues not able to be resolved, the nature of the issues in dispute, and the position of the respective parties on those disputed issues.
2: If notice is given under subsection (1)﻿(b) section 144
3: The Minister for the Environment may appoint a facilitator or take other action considered appropriate to promote the resolution of any issues in dispute between the councils and the trustees. Suspension and waiver
146: Agreement may be suspended
1: The councils and the trustees may, at any time, agree in writing to suspend, in whole or in part, the operation of the Agreement.
2: The scope and duration of any suspension must be specified in the written notice.
3: There is no right to terminate the Agreement.
147: Waiver of rights under Agreement
1: The trustees may, at any time, notify the councils in writing that—
a: they waive any rights provided for in the Agreement:
b: they revoke a notice of waiver.
2: Notice given under subsection (1)﻿(a) Extension
148: Extension of Agreement
1: The councils and the trustees may agree in writing to extend the Agreement to include functions, powers, and duties that are additional to those set out in the Agreement.
2: Any extension agreed is subject to the following:
a: the limitations set out in section 136(1) and (2)
b: the powers set out in sections 146 147
3: Despite section 146(3)
4: Before exercising the power to terminate under subsection (3)
a: the principles set out in section 138
b: the dispute resolution process contained in the Agreement.
5: Termination under subsection (3) Review and amendment
149: Agreement may be reviewed and amended
1: The councils and the trustees may at any time agree in writing to undertake a review of the Agreement.
2: If, as a result of the review, the councils and the trustees agree in writing to amend the Agreement, they may do so without further formality.
3: After completing any amendments, the councils and the trustees must—
a: give notice in writing of the amendment to the Minister for the Environment; and
b: provide a copy of the amended Agreement to the Minister.
3: Relationship agreements
150: Requirement for relationship agreements
1: The following councils must enter into a relationship agreement with the trustees not later than 12 months after the commencement date (unless the parties agree to extend that period):
a: Manawatū-Whanganui Regional Council; and
b: Taranaki Regional Council; and
c: Ruapehu District Council.
2: The trustees may agree to enter into a combined relationship agreement with more than 1 council, if the parties consider that to be appropriate.
3: With the written agreement of the parties to a relationship agreement, the agreement may be treated as, or as part of, a Mana Whakahono a Rohe under section 58O(7)
4: The relationship agreements entered into under this subpart must relate to the area marked N ( area N
151: Scope of relationship agreement
1: The relationship agreements—
a: apply only within area N; and
b: must cover all of the following matters:
i: Ngā Wai o Maniapoto; and
ii: activities within their catchment affecting Ngā Wai o Maniapoto; and
iii: the matters described in subsection (2)
c: must contain mechanisms and processes that recognise and reflect the mana of Maniapoto and the relationship of Maniapoto with Ngā Wai o Maniapoto; and
d: may cover additional matters, including functions, powers, and duties agreed by the parties, and matters relating to capacity and capability building for the parties, to better provide for the aspirations for the relationship agreement to be realised.
2: The Agreement must provide for the councils and the trustees to work together under the Resource Management Act 1991
a: monitoring and enforcement; and
b: preparation, review, or change of a planning document; and
c: the functions, powers, and duties under Part 6
d: identification of customary activities for which a resource consent should not be required under that Act; and
e: provision of opportunities for the parties to work together on non-regulatory initiatives relating to Ngā Wai o Maniapoto and activities within their catchments that affect Ngā Wai o Maniapoto.
3: A relationship agreement must also provide that the trustees are to be given a summary of resource consent applications that are relevant to Ngā Wai o Maniapoto; the summary must be similar to that given under the limited notification process under the Resource Management Act 1991
152: Guiding principles for development and operation of relationship agreement
The trustees and a council must work together to develop a relationship agreement in a manner consistent with the guiding principles—
a: of promoting the overarching purpose of the Raumairoa (natural resources redress), which is—
i: to care for and protect Ngā Wai o Maniapoto; and
ii: to restore and maintain, for present and future generations, the quality and integrity of the waters that flow into, and form part of, Ngā Wai o Maniapoto; and
b: of respecting the mana of Maniapoto; and
c: of jointly committing—
i: to work together in good faith and a spirit of co-operation; and
ii: to communicate in an open and honest way; and
iii: to use their best endeavours to ensure that the purpose of the relationship agreement is achieved in an enduring way; and
iv: to recognise that the relationship agreement operates within a statutory framework which must be complied with.
153: Review
1: The trustees and the regional councils may agree in writing at any time to undertake a review of a relationship agreement.
2: If, as a result of a review, the trustees and regional councils agree in writing to amend a relationship agreement, they may do so without further formality.
4: Commercial redress
154: Interpretation
In subparts 1 to 3 commercial redress property Crown forest land section 2(1) Crown forestry licence
a: has the meaning given in section 2(1)
b: in relation to a property that is licensed land, means the licence described in column 3 of the table in part 3 of the property redress schedule Crown forestry rental trust section 34 Crown forestry rental trust deed deferred selection property Forestry Emission Unit Trust land holding agency
a: for a commercial redress property, in part 3 of the property redress schedule; or
b: for a deferred selection property, in subpart A or C of part 4 of the property redress schedule licensed land
a: means a commercial redress property; but
b: excludes—
i: trees growing, standing, or lying on the land; and
ii: improvements that have been—
A: acquired by a purchaser of the trees on the land; or
B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land licensee licensor New Zealand units section 4(1) protected site
a: is wāhi tapu or a wāhi tapu area within the meaning of section 6
b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero as defined in section 6 right of access section 168
1: Transfer of commercial redress properties and deferred selection properties
155: 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 commercial redress property or 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.
156: 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 commercial redress property or deferred selection property.
2: Any such easement—
a: is enforceable in accordance with its terms, despite Part 3B
b: is to be treated as having been granted in accordance with Part 3B
157: Records of title for deferred selection properties
1: This section applies to each deferred selection property that is to be transferred to the trustees under section 155
2: However, this section applies only to the extent that—
a: the property is not all of the land contained in a record of title for a fee simple estate; or
b: there is no record of title for the fee simple estate in all or part of the property.
3: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for the fee simple estate in the property in the name of the Crown; and
b: record on the record of title any interests that are registered, noted, or to be noted and that are described in the application; but
c: omit any statement of purpose from the record of title.
4: In the case of a deferred selection property described in subpart C of part 4 of the property redress schedule, if a property includes a disposal site,—
a: 1 record of title must be created in the name of the Crown for the fee simple estate in each disposal site; and
b: 1 record of title must be created in the name of the Crown for the fee simple estate in the balance of the property; and
c: the requirements of subsection (3)﻿(b) and (c)
5: Subsections (3) and (4)
6: In this section and sections 158 159 authorised person
7: In this section and section 160(6) disposal site
8: In this section, existing disposal site new disposal site
158: Record of title for licensed land
1: This section applies to each property that is licensed land and is to be transferred to the trustees under section 155
2: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title in the name of the Crown for the fee simple estate in the property; and
b: record on the record of title any interests that are registered, noted, or to be noted and that are described in the application; but
c: omit any statement of purpose from the record of title.
3: Subsection (2)
159: Authorised person may grant covenant for later creation of record of title
1: For the purposes of sections 157 158
2: Despite the Land Transfer Act 2017
a: the authorised person may request the Registrar-General to register the covenant under that Act by creating a record of title that records an interest; and
b: the Registrar-General must comply with the request.
160: Application of other enactments
1: This section applies if the fee simple estate in a commercial redress property or deferred selection property is transferred to the trustees.
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: If a deferred selection property described in subpart C of part 4 of the property redress schedule includes a disposal site, section 134(1)
7: However, subsection (6)
8: In exercising the powers conferred by section 155
9: Subsection (8) subsections (2) and (3)
10: In this section, land use consent section 87(a)
161: 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 or the Ministry of Justice; 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 162
4: The Registrar-General must, upon the registration of the transfer of the property, record on any record of title for the property that—
a: the land is subject to Part 4A section 24
b: the land is subject to section 162
5: A notation made under subsection (4) Part 4A section 24D(1)
162: Requirements if lease terminates or expires
1: This section applies if the lease referred to in section 161(1)﻿(c)
2: The transfer of the property is no longer exempt from section 24 Conservation Act 1987
3: The registered owners 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 record of title for the property the notations 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)
2: Licensed land
163: Licensed land ceases to be Crown forest land
1: The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the trustees.
2: However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989
164: Trustees are confirmed beneficiaries and licensors of licensed land
1: The trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the licensed land.
2: The effect of subsection (1)
a: the trustees are entitled to the rental proceeds payable for the licensed land to the trustees of the Crown forestry rental trust under a Crown forestry licence since the commencement of the licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries in relation to the licensed land.
3: The Crown must give notice under section 17(4)﻿(b) section 8HB(1)﻿(a)
4: Notice given by the Crown under subsection (3)
a: the Waitangi Tribunal had made a recommendation under section 8HB(1)﻿(a)
b: the recommendation became final on the settlement date.
5: The trustees are the licensors under each Crown forestry licence as if the licensed land were returned to Māori ownership—
a: on the settlement date; and
b: under section 36
6: However, section 36(1)﻿(b)
165: Transfer of New Zealand units to trustees
1: On the settlement date, the licensed land is to be treated as being transferred to the trustees for the purposes of clause 6.1 of the Forestry Emission Unit Trust deed.
2: The effect of subsection (1)
a: determine the number of New Zealand units that the trustees of Te Nehenehenui are entitled to receive in relation to the licensed land; and
b: transfer to the trustees of Te Nehenehenui the New Zealand units received in response to the applications by the trustees of the Forestry Emission Unit Trust.
166: Effect of transfer of licensed land
Sections 164 165
3: Access to protected sites
167: Right of access to protected sites
1: The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special cultural, historical, or spiritual significance to have access across the land to each protected site.
2: The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.
3: The right of access is subject to the following conditions:
a: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and
b: the right of access may be exercised only at reasonable times and during daylight hours; and
c: a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access that are reasonably required—
i: for the safety of people; or
ii: for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
iii: for operational reasons.
168: Right of access over licensed land
1: A right of access over licensed land is subject to the terms of any Crown forestry licence.
2: However, subsection (1)
3: An amendment to a Crown forestry licence is of no effect to the extent that it would—
a: delay the date from which a person may exercise a right of access; or
b: adversely affect a right of access in any other way.
169: Right of access to be recorded on records of title
1: This section applies to the transfer to the trustees of any licensed land.
2: The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land.
3: The Registrar-General must, upon the registration of the transfer of the land, record on any record of title for the land that the land is subject to a right of access to protected sites on the land.
4: Right of first refusal over RFR land
Interpretation
170: Interpretation
In this subpart and Schedule 6 control paragraph (d)
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
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 expiry date sections 173(2)﻿(a) 174 notice offer section 173 public work section 2 related company section 2(3) RFR area 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 179(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 180(1) RFR period subsidiary section 5
171: Meaning of RFR land
1: In this subpart, RFR land
a: the land described in part 9 of the attachments that, on the settlement date,—
i: is vested in the Crown; or
ii: is held in fee simple by the Crown, Kāinga Ora–Homes and Communities, or Health New Zealand; 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: the land that is within the 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
c: land that is, on the settlement date, owned by the Crown and administered by the New Zealand Railways Corporation and forms part of Te Ara-o-Tūrongo located between point 1802320mE, 5787540mN and point 1794100mE, 5696056mN on SO 556044; and
d: any land obtained in exchange for a disposal of RFR land under section 184(1)﻿(c) 185
2: RFR land does not include a commercial redress property.
3: Land ceases to be RFR land if—
a: the fee simple estate in the land transfers from the RFR landowner to—
i: the trustees or their nominee (for example, under section 155 section 177
ii: any other person (including the Crown or a Crown body) under section 172(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 181 to 188
ii: under any matter referred to in section 189(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 197
d: the RFR period for the land ends. Restrictions on disposal of RFR land
172: Restrictions on disposal of RFR land
An RFR landowner must not dispose of RFR land to a person other than the trustees or their nominee unless the land is disposed of—
a: under any of sections 178 to 188
b: under any matter referred to in section 189(1)
c: in accordance with a waiver or variation given under section 197
d: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees if the offer to the trustees was—
i: made in accordance with section 173
ii: made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and
iii: not withdrawn under section 175
iv: not accepted under section 176 Trustees’ right of first refusal
173: Requirements for offer
1: An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees.
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 record of title for the land; and
c: a street address for the land (if applicable); and
d: a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer.
174: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees receive notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees receive notice of the offer if—
a: the 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.
175: Withdrawal of offer
The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted.
176: Acceptance of offer
1: The trustees 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 must accept all the RFR land offered, unless the offer permits them to accept less.
177: Formation of contract
1: If the trustees 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 the 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.
3: Under the contract, the trustees may nominate any person (the nominee
4: The trustees may nominate a nominee only if—
a: the nominee is lawfully able to hold the RFR land; and
b: notice is given to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
5: The notice 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 nominate a nominee, the trustees remain liable for the obligations of the transferee under the contract. Disposals to others where land remains RFR land
178: 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 of the Education and Training Act 2020.
179: 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)
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart.
180: 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
181: 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.
182: 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.
183: 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
184: 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)
185: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
186: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
187: Disposal to tenants
The Crown may dispose of RFR land,—
a: if the land 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)
188: Disposal by Health New Zealand
Health New Zealand (established by section 11 RFR landowner obligations
189: 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; 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 subsection (1)﻿(b)﻿(ii) Notices about RFR land
190: Notice to LINZ of RFR land with record of title after settlement date
1: If a record of title 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 record of title 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 record of title 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 record of title.
191: Notice to trustees of disposal of RFR land to others
1: An RFR landowner must give the trustees notice of the disposal of RFR land by the landowner to a person other than the trustees 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 record of title 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 172
f: if the disposal is to be made under section 172(d)
192: Notice to LINZ of land ceasing to be RFR land
1: This section applies if land contained in a record of title 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 or their nominee (for example, under section 155 section 177
ii: any other person (including the Crown or a Crown body) under section 172(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 181 to 188
ii: under any matter referred to in section 189(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 197
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 record of title for the land; and
c: the details of the transfer or vesting of the land.
193: Notice requirements
Schedule 6
a: an RFR landowner; or
b: the trustees. Right of first refusal recorded on records of title
194: Right of first refusal to be recorded on records of title 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 records of title for,—
a: the RFR land for which there is a record of title on the settlement date; and
b: the RFR land for which a record of title is first created after the settlement date; and
c: land for which there is a record of title 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 record of title on the settlement date; or
b: after receiving a notice under section 190
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 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 record of title for the RFR land identified in the certificate that the land is—
a: RFR land, as defined in section 171
b: subject to this subpart (which restricts disposal, including leasing, of the land).
195: Removal of notations when land to be transferred or vested
1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 192(2)
a: the legal description of the land; and
b: the reference for the record of title 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 as soon as is reasonably practicable after issuing the certificate.
3: If the Registrar-General receives a certificate issued under this section, the Registrar-General must, immediately before registering the transfer or vesting described in the certificate, remove from the record of title identified in the certificate any notation recorded under section 194
196: Removal of notations when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes—
a: the reference for each record of title for that RFR land that still has a notation recorded under section 194
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 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 notation recorded under section 194 General provisions applying to right of first refusal
197: Waiver and variation
1: The trustees may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart.
2: The trustees 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.
198: 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.
199: 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 6
4: In this section,— constitutional document RFR holder
a: they are the trustees; or
b: they have previously been assigned those rights and obligations under this section.
5: Huiputea property
200: Huiputea property
In this Part, Huiputea property
a: SA51C/898; and
b: SA51C/899.
201: Application of this Part
This Part (except section 204
202: Revocation of reserve status
1: Immediately before the transfer of the fee simple estate in the Huiputea property to the trustees under an agreement described in section 201
a: the reservation of the part of the Huiputea property that is a local purpose (access) reserve subject to the Reserves Act 1977
b: the reservation of the part of the Huiputea property that is a historic reserve subject to the Reserves Act 1977
2: Sections 24 25 subsection (1)
203: Reclassification of Huiputea property
1: Immediately after the transfer referred to in section 202(1)
2: The reserve created by subsection (1)
3: The trustees are the administering body of the reserve as if the reserve were vested in the trustees under section 26
204: Right of sale
For the purposes of section 201
6: Governance reorganisation and taxation matters
205: Interpretation
1: In subpart 1 subpart 2 assets and liabilities
a: means the assets and liabilities owned, controlled, or held, wholly or in part, immediately before the commencement date, by the Maniapoto Maori Trust Board, the Maniapoto Fisheries Trust, and the relevant subsidiary; 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) date of transfer section 208 exempt income section YA 1 Inland Revenue Acts section 3(1) iwi aquaculture organisation section 33(1) mandated iwi organisation section 13(1) mandated organisation
a: for the purposes of the Maori Fisheries Act 2004
b: for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004 Maniapoto Fisheries Trust Trust Maniapoto Maori Trust Board Board Maori Trust Boards Act 1955 section 4 of the Maniapoto Maori Trust Board Act 1988 relevant subsidiary reorganisation subpart 1 tax charity section YA 1 taxable income section YA 1 Te Kupenga o Maniapoto Limited Te Kupenga
a: the mandated iwi organisation of Maniapoto, for the purposes of the Maori Fisheries Act 2004
b: the iwi aquaculture organisation, for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004 transferred employee section 224
2: In this Part, unless the context requires another meaning, terms and expressions used and not defined in this subpart, but defined in—
a: the Maori Fisheries Act 2004 Maori Commercial Aquaculture Claims Settlement Act 2004
b: the Inland Revenue Acts, have the meanings given in those Acts.
1: Governance reorganisation
Certain trusts dissolved
206: Dissolution of Maniapoto Maori Trust Board
1: On the commencement date,—
a: the Maniapoto Maori Trust Board is dissolved; and
b: the term of office of the members of the Board expires; and
c: proceedings by or against the Board may be continued, completed, and enforced by or against the trustees of Te Nehenehenui; and
d: a reference to the Board (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 date must, unless the context otherwise requires, be read as a reference to the trustees of Te Nehenehenui.
2: A person holding office as a member of the Board immediately before the commencement date is not entitled to compensation as a result of the expiry under this section of the member’s term of office.
207: Maniapoto Fisheries Trust dissolved
1: On the commencement date,—
a: the Maniapoto Fisheries Trust is dissolved; and
b: the term of office of the trustees of the Maniapoto Fisheries Trust expires; and
c: proceedings by or against those trustees may be continued, completed, and enforced by or against them; and
d: a reference to the Maniapoto Fisheries Trust (express or implied) or its trustees 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 date must, unless the context otherwise requires, be read as a reference to the trustees of Te Nehenehenui.
2: A person holding office as a trustee of the Maniapoto Fisheries Trust immediately before the commencement date is not entitled to compensation as a result of the expiry under this section of that trustee’s term of office. Vesting of assets and liabilities
208: Vesting of assets and liabilities of Board and Trust
1: On the commencement date, the assets and liabilities of both the Board and the Maniapoto Fisheries Trust—
a: vest in the trustees of Te Nehenehenui and become the assets and liabilities of those trustees; 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: become subject to any trusts expressed in the Te Nehenehenui Trust Deed. Te Kupenga o Maniapoto Limited
209: Assets and liabilities of relevant subsidiary
1: If, on the commencement date, the relevant subsidiary is a tax charity for the purposes of the Inland Revenue Acts, that subsidiary ceases to be a tax charity on that date.
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 date,—
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 company ceases to be a registered charitable entity.
4: In this section, revenue account property Trustees of Te Nehenehenui become mandated organisation
210: Recognition of new mandated organisation
1: On and from the commencement date,—
a: the trustees of Te Nehenehenui are, and are recognised by Te Ohu Kai Moana Trustee Limited as, the mandated organisation for Maniapoto in place of the Board, as if those trustees were recognised as the mandated iwi organisation or the iwi aquaculture organisation, as the case may require; and
b: Te Kupenga is the asset-holding company of those trustees.
2: However, any reference in the Maori Fisheries Act 2004
3: On and from the commencement date,—
a: the Te Nehenehenui Trust Deed is approved by Te Ohu Kai Moana Trustee Limited as the constitutional document of Te Nehenehenui, as if it were approved under section 17 section 33
b: the trustees of Te Nehenehenui must—
i: meet the criteria for continuing recognition as a mandated organisation in section 14 section 33(1)
ii: satisfy section 12(1)﻿(d)
211: Certain effects of recognition of new mandated organisation
On and from the commencement date,—
a: any registered coastline entitlement held by the Board immediately before the commencement date is to be treated as a registered coastline entitlement held by the trustees of Te Nehenehenui; and
b: any coastline claim, agreement, or written statement of the Board made under Part 1
212: Exemption from certain voting process
1: Te Nehenehenui is not required to comply with Kaupapa 1
2: However, subsection (1)
213: Functions of Te Ohu Kai Moana Trustee Limited
1: On and from the commencement date, and without further authorisation than this section, Te Ohu Kai Moana Trustee Limited is deemed to have taken, and must continue to take, all actions necessary, in accordance with the requirements of the Maori Fisheries Act 2004 Maori Commercial Aquaculture Claims Settlement Act 2004
a: to provide administratively for the matters set out in sections 210 to 212 Maori Fisheries Act 2004
b: to make the appropriate changes to the iwi register or iwi aquaculture register, as relevant, in accordance with the relevant legislation.
2: Te Ohu Kai Moana Trustee Limited is not liable, and no action may be brought against it, for any act described in the deed of settlement that it does or omits to do, in so far as the act is done in good faith and with reasonable cause. General matters relating to reorganisation
214: Final report of Maniapoto Maori Trust Board
1: As soon as practicable after the commencement date, the trustees of Te Nehenehenui must prepare a final report for the Maniapoto Maori Trust Board as if it were an annual report required by section 31
2: The final report must show the financial results of the Maniapoto Maori Trust Board’s affairs during the period starting on the day after the last day covered by the previous annual report and ending on the day before the commencement date.
3: As soon as practicable after the final report is completed, the trustees of Te Nehenehenui must provide it to the Minister for Māori Development, who must present it to the House of Representatives as soon as practicable after receiving it.
215: 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 makes them guilty of a civil wrong; or
b: gives rise to 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, rule of law, or contract that prohibits, restricts, or regulates the assignment or transfer of an asset or 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.
216: Status of existing instruments
1: The trustees of Te Nehenehenui are to be treated as if they are the members of the Board or the trustees of the Maniapoto Fisheries Trust, as the case may be, under any existing instrument—
a: to which those members were a party; or
b: that the members of the Board or of the Maniapoto Fisheries Trust gave, received, or were to give or receive.
2: An express or implied reference to the Board or the Maniapoto Fisheries Trust in an existing instrument or in a register must be read as a reference to the trustees of Te Nehenehenui, unless the context otherwise requires.
3: In this section, existing instrument
217: Status of existing securities
1: Subsection (2)
2: A security described in subsection (1)
a: is available to the trustees of Te Nehenehenui 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 the trustee incurred on or after the commencement date.
3: The trustees of Te Nehenehenui are entitled to the same rights and priorities, and are subject to the same liabilities, in relation to the security as the Board or the Maniapoto Fisheries Trust would be if this Act had not been passed.
218: Continuation of proceedings
1: An action, arbitration, proceeding, or cause of action that was pending or existing by, against, or in favour of the Board or the Maniapoto Fisheries Trust before the commencement date may be continued and enforced by, against, or in favour of the trustees of Te Nehenehenui.
2: It is not necessary to amend a pleading, writ, or other document to continue the action, arbitration, proceeding, or cause of action.
219: Books and documents to remain evidence
1: A document, matter, or thing that would have been admissible in evidence for or against the Board or the Maniapoto Fisheries Trust is, on and from the commencement date, admissible in evidence for or against the trustees of Te Nehenehenui.
2: For the purpose of this section, document section 4(1)
220: Removal of charitable entities from register
1: The Board, the Maniapoto Fisheries Trust, and Te Kupenga must be removed from the register of charitable entities under section 31
2: This section applies despite anything in the Charities Act 2005
221: Other registers
1: The Registrar-General or any other person charged with keeping books or registers is not required, solely because of the provisions in this subpart, to change the names of the members of the Board or the trustees of the Maniapoto Fisheries Trust, as the case may be, to the names of the trustees of Te Nehenehenui in the books or registers or in a document.
2: If the trustees of Te Nehenehenui 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)
a: be executed or purport to be executed by the trustees of Te Nehenehenui; and
b: relate to assets or liabilities held, managed, or controlled, immediately before the commencement date,—
i: by the Board or any entity wholly or partly owned or controlled by the Board; or
ii: by the trustees of the Maniapoto Fisheries Trust; and
c: be accompanied by a certificate given by the trustees of Te Nehenehenui or their solicitor stating that the property was vested in those trustees by or under this Act. Employees
222: Transfer of employees
On and from the commencement date, each employee of the Board or the Maniapoto Fisheries Trust, as the case may be, ceases to be an employee of the Board or that Trust and becomes an employee of the trustees of Te Nehenehenui.
223: 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 the employee immediately before the commencement date.
2: Subsection (1)
a: continues to apply to the terms and conditions of employment of a transferred employee until they are varied by agreement between the transferred employee and the trustees of Te Nehenehenui; and
b: does not apply to a transferred employee who accepts any subsequent appointment with those trustees.
224: Continuity of employment
For the purposes of an enactment, rule of law, determination, contract, or agreement relating to the employment of a transferred employee, the transfer of the employee from the Board or the Maniapoto Fisheries Trust, as the case may be, to the trustees of Te Nehenehenui does not, of itself, break the employment of that person, and the period of his or her employment by the Board or the Trust is to be regarded as having been a period of service with those trustees.
225: 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 Board or the Maniapoto Fisheries Trust, as the case may be, has ceased to exist; or
b: the employee has ceased, as a result of the person’s transfer to the trustees of Te Nehenehenui, to be an employee of the Board or that Trust.
226: Liability of employees and agents
1: A person who, at any time before the commencement date, held office as a member of the Board or the Maniapoto Fisheries Trust or who was an officer, employee, agent, or representative of either, is not personally liable in respect of an act or thing done or omitted to be done by that person before the commencement date in the exercise or bona fide purported exercise of an authority conferred by or under—
a: the Maori Trust Boards Act 1955
b: the Maniapoto Fisheries Trust Deed, in the case of the Maniapoto Fisheries 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.
2: Transitional taxation provisions
227: Application and interpretation
1: This subpart applies, by virtue of the reorganisation of the governance of Maniapoto under subpart 1
2: In this subpart,— taxable Maori authority distribution section HF 7 undistributed charitable amounts section 228(5)
228: Taxation in respect of transfer of assets and liabilities of Board
1: On and from the date on which the assets and liabilities of the Board and of the Maniapoto Fisheries Trust vest in the trustees of Te Nehenehenui under section 208(1)
a: those trustees are deemed to be the same person as the Board and the trustees of the Maniapoto Fisheries Trust; and
b: everything done before that date by the Board or that Trust, as the case may be, is deemed to have been done by the members or the trustees of the Maniapoto Fisheries Trust, as the case may be, on the date that it was done by the Board or that Trust.
2: Income derived or expenditure incurred by the Board and the Maniapoto Fisheries Trust before the assets and liabilities vest in the trustees of Te Nehenehenui does not become income derived or expenditure incurred by those trustees just because the assets and liabilities vest in those trustees under section 208(1)
3: Subsection (4)
a: is derived from a financial arrangement, trading stock, revenue account property, or depreciable property; and
b: is exempt income of the Board or that Trust, but is not exempt income of the trustees of Te Nehenehenui.
4: The trustees of Te Nehenehenui 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 Nehenehenui must identify the undistributed charitable amounts, using the following formula: x − y where— x is the total amounts derived by the Board or the Maniapoto Fisheries 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 date.
6: The undistributed charitable amounts described in subsection (5) Income Tax Act 2007
7: If the trustees of Te Nehenehenui distribute an undistributed charitable amount to a person, that amount is treated as beneficiary income for the purposes of the Income Tax Act 2007 subsection (8)
8: If the trustees of Te Nehenehenui distribute an undistributed charitable amount for a charitable purpose, the distribution is exempt income of the recipient.
229: Election of trustees to be Māori authority
1: If the trustees of Te Nehenehenui make an election under section HF 11 section 228(5)
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 amounts must be disregarded for the purposes of section HF 8 Relevant subsidiary
230: 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 date, and ceases to be exempt income as a result of the application of section 209(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 date.
231: Election by relevant subsidiary to be Māori authority
1: This section applies if the relevant subsidiary—
a: makes an election under section HF 11 of the Income Tax Act 2007 to become a Māori authority; and
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 on which the relevant subsidiary ceases to be a tax charity under section 209(1)
3: A distribution of the undistributed charitable amount by the relevant subsidiary after its election to be 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)
4: A distribution that is a taxable Māori authority distribution under subsection (3)﻿(b) section HF 8
7: Consequential repeal, amendments, and revocations
Repeal of Act
232: Repeal of Maniapoto Maori Trust Board Act 1988
The Maniapoto Maori Trust Board Act 1988 2022-09-28 Maniapoto Maori Trust Board Act 1988 Amendments to Act and regulations
233: Amendment to Nga Wai o Maniapoto (Waipa River) Act 2012
1: This section amends the Nga Wai o Maniapoto (Waipa River) Act 2012
2: In section 3(2)﻿(a) but does not include any unconnected waters or artificial watercourse such as an irrigation canal, water supply race, canal for the supply of water for electricity power generation, or farm drainage canal 2022-09-28 Nga Wai o Maniapoto (Waipa River) Act 2012
234: Amendments to Electoral (Iwi Organisation and Other Māori Organisation) Regulations 2018
1: This section amends the Electoral (Iwi Organisation and Other Māori Organisation) Regulations 2018
2: In the Schedule
3: In the Schedule Te Nehenehenui 2022-09-28 Electoral (Iwi Organisation and Other Māori Organisation) Regulations 2018
235: Amendment to Maori Trust Boards Regulations 1985
1: This section amends the Maori Trust Boards Regulations 1985
2: In Schedule 2 2022-09-28 Maori Trust Boards Regulations 1985