Ngāti Pāhauwera Treaty Claims Settlement Act 2012

1: Title
This Act is the Ngāti Pāhauwera Treaty Claims Settlement Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary matters
1: Preliminary provisions and acknowledgements and apology
3: Purpose
The purpose of this Act is to give effect to certain provisions of the deed of settlement, which is a deed that settles the historical claims of Ngāti Pāhauwera.
4: Act binds the Crown
This Act binds the Crown.
5: 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 the deed of settlement.
2: This Part—
a: sets out the purpose of this Act and specifies that it binds the Crown; and
b: records the acknowledgements made by the Crown and the apology offered by the Crown to Ngāti Pāhauwera (including the acceptance of the apology by Ngāti Pāhauwera); and
c: defines terms used in this Act, including key terms such as Ngāti Pāhauwera and historical claims; and
d: provides that the settlement of the historical claims is final; and
e: provides for—
i: the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
ii: consequential amendments 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
3: Part 2
a: the vesting in the trustees of the Ngāti Pāhauwera Tiaki Trust of the fee simple estate in Te Heru o Tūreia to hold on behalf of Ngāti Pāhauwera and the immediate gifting of Te Heru o Tūreia Gift Area to the Crown to be administered as a historic reserve, the requirement for the Ngāti Pāhauwera Tiaki Trust to provide a registrable conservation covenant over Te Heru o Tūreia (Area B), and the declaration of Nakunaku (a site within Te Heru o Tūreia) as a historic reserve; and
b: the vesting in the trustees of the Ngāti Pāhauwera Tiaki Trust of the fee simple estate in other cultural redress properties; and
c: the right to manage the extraction of relevant hāngi stones; and
d: the right of the trustees of the Ngāti Pāhauwera Development Trust to nominate members to a special tribunal to hear and report on any application that proposes to amend, revoke, or replace the Water Conservation (Mohaka River) Order 2004 section 214
e: the requirement for the trustees of the Ngāti Pāhauwera Development Trust to be appointed as an advisory committee under section 21(1)
f: the requirement of certain local authorities to forward a copy of all applications for resource consents in respect of activities within the catchments of the Mohaka River, Waikari River, and Waihua River; and
g: an acknowledgement by the Crown of the statement made by Ngāti Pāhauwera of their cultural, spiritual, historical, and traditional association with the relevant part of the Earthquake Slip Marginal Strip and the effect of that acknowledgement.
4: Part 3
a: the transfer of the licensed land to the trustees; and
b: the creation of computer registers, and the effect of registration, in relation to the commercial redress properties; and
c: the application of other enactments in relation to the transfer of commercial redress properties; and
d: provisions for RFR redress.
5: There are 4 schedules
a: list the hapū of Ngāti Pāhauwera:
b: describe Te Heru o Tūreia that is vested in the trustees of the Ngāti Pāhauwera Tiaki Trust:
c: describe the other cultural redress properties that are vested in the trustees of the Ngāti Pāhauwera Tiaki Trust:
d: set out the requirements for giving notice in relation to the RFR properties. Section 5(2)﻿(e)﻿(iv) amended 30 January 2021 section 161 Trusts Act 2019 Acknowledgements and apology
6: Acknowledgements and apology
Sections 7 to 9
7: Acknowledgements by the Crown
The text of the acknowledgements made by the Crown, as set out in the deed of settlement, is as follows:
1: The Crown acknowledges its failure to deal in an appropriate way with grievances raised by successive generations of Ngāti Pāhauwera since 1851 and that recognition of these grievances is long overdue. The Crown also acknowledges the long tradition of Ngāti Pāhauwera loyalty to the Crown.
2: The Crown acknowledges that in acquiring the Mohaka and Waihua blocks in 1851 and 1864 it breached the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles by—
a: failing to ensure Ngāti Pāhauwera were able to reserve sites of particular significance and places of residence within the Crown purchase blocks; and
b: acquiring Te Heru o Tūreia in 1859, the single 100-acre reserve set aside from the Mohaka transaction, despite it being an important wāhi tapu and site of paramount significance and the only land remaining to Ngāti Pāhauwera in the Mohaka block.
3: The Crown further acknowledges that—
a: it did not provide leasing as an alternative to purchase when it acquired the Mohaka block:
b: there was ambiguity in the 1851 deed about the precise boundaries of the Mohaka transaction:
c: the boundaries of Te Heru o Tūreia were never surveyed before the Crown purchased it, and the transfer of the title was made by only 11 of the 297 signatories to the Mohaka transaction:
d: the Crown paid a low price for the Mohaka block and Ngāti Pāhauwera did not receive the full, ongoing benefits from European settlement they were led to expect in accepting a low price.
4: The Crown acknowledges that its failure to fully investigate and rectify the wrongful inclusion of 1 152 acres of adjacent Ngāti Pāhauwera land in the Waihua block deprived Ngāti Pāhauwera of its valuable land and resources, and breached the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles.
5: The Crown acknowledges that it failed to provide Ngāti Pāhauwera with protection against the known risk of attack in 1869 and provided only minimal assistance to help Ngāti Pāhauwera recover after the attack on their pā and kāinga in the Mohaka Valley. The Crown acknowledges that the combined effect of these failures amounted to a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles.
6: The Crown acknowledges that its confiscation of land in the Mohaka–Waikare confiscation district compulsorily extinguished any customary interests including those of Ngāti Pāhauwera in that district in breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles.
7: The Crown acknowledges that—
a: the Crown breached the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles by not providing until 1894 any means in the native land legislation for a form of collective title enabling Ngāti Pāhauwera to administer and utilise their lands:
b: Ngāti Pāhauwera were unable to effectively utilise the Waipapa, Waihua 1 and 2 and Whareraurakau blocks, awarded in the name of hapū in 1868, until the legal issues arising from the use of hapū rather than individual names in the titles were resolved in the late 19th century.
8: The Crown acknowledges that—
a: by the time a corporate title option had become available, title to all Ngāti Pāhauwera lands, except three blocks, had been awarded to individual Ngāti Pāhauwera:
b: the operation and impact of the native land laws, in particular the awarding of land to individual Ngāti Pāhauwera rather than to iwi or hapū, made those lands more susceptible to partition, fragmentation, and alienation. This contributed to the further erosion of the traditional tribal structures of Ngāti Pāhauwera which were based on collective tribal and hapū custodianship of land. The Crown failed to take steps to adequately protect those structures. This had a prejudicial effect on Ngāti Pāhauwera and was a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles:
c: these processes disturbed Ngāti Pāhauwera settlement patterns and contributed to the displacement of their people by the end of the 19th century.
9: The Crown acknowledges that—
a: the Crown’s ongoing programme of land purchasing in the 19th and early 20th centuries and private purchasing has left Ngāti Pāhauwera virtually landless:
b: it failed to monitor the impact of land purchases on Ngāti Pāhauwera and, despite the clear implications of the Stout-Ngata Royal Commission’s findings in 1907, proceeded to acquire large quantities of Ngāti Pāhauwera lands over the next two decades:
c: its failure to ensure Ngāti Pāhauwera retained sufficient land for their present and future needs was a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles.
10: The Crown acknowledges that over time its actions and omissions have seriously impaired the ability of Ngāti Pāhauwera to make appropriate use of their remaining lands and to fully participate in the economic development of the country.
11: The Crown acknowledges that it used the consolidation scheme to convert its own fragmented purchases of Ngāti Pāhauwera land interests into usable land blocks, and to obtain additional land for survey costs. The Crown further acknowledges that Ngāti Pāhauwera did not receive all the benefits they were led to expect from consolidation and the subsequent development schemes, and many owners effectively lost the opportunity to live on and use their land under the development schemes.
12: The Crown acknowledges—
a: the significance of the Mohaka, Waikari, and Waihua Rivers to Ngāti Pāhauwera as taonga and the mauri of their spiritual and material well-being:
b: the importance to Ngāti Pāhauwera of these rivers as highways, and providers of mahinga kai and other resources important to Ngāti Pāhauwera for cultural and commercial reasons:
c: that the environmental degradation of these rivers and the decline in species of importance to Ngāti Pāhauwera has been a source of distress to Ngāti Pāhauwera as is the detrimental impact of gravel extraction activities and access to hāngi stones.
13: The Crown acknowledges that it has failed to respect, provide for, and protect the special relationship of Ngāti Pāhauwera with their rivers.
14: The Crown acknowledges that Ngāti Pāhauwera have demonstrated their loyalty to the Crown over the generations and helped to meet the nation’s defence obligations including service in two world wars. The Crown acknowledges the loss to Ngāti Pāhauwera of those who died in the service of their country in New Zealand and overseas.
15: The Crown acknowledges that—
a: Ngāti Pāhauwera expectations of an ongoing and mutually beneficial relationship with the Crown were not always realised:
b: the socio-economic impacts of settlement on Ngāti Pāhauwera continue to be felt:
c: in part as a result of Crown actions or omissions, Ngāti Pāhauwera have been deprived of opportunities for economic, social, and cultural development for too long and to the detriment of their material, cultural, and spiritual well-being.
8: Apology
The text of the apology offered by the Crown, as set out in the deed of settlement, is as follows:
1: Ngāti Pāhauwera has a long tradition of providing support to, and seeking a positive relationship with, the Crown. The Crown profoundly regrets that it failed to provide adequate support to Ngāti Pāhauwera including before and after the attack at Mohaka in 1869.
2: The Crown is deeply sorry for its breaches of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles which left Ngāti Pāhauwera with insufficient land-holdings by 1883. The Crown profoundly regrets its ongoing failure to protect the remaining land-holdings of Ngāti Pāhauwera which has had devastating consequences for them—socially, economically, physically, culturally, and spiritually— that continue to be felt today.
3: The Crown unreservedly apologises for not having honoured its obligations to Ngāti Pāhauwera under the Treaty of Waitangi (Te Tiriti o Waitangi) and through this settlement the Crown seeks to atone for its wrongs and to begin the process of healing. The Crown looks forward to building a relationship with Ngāti Pāhauwera, based on mutual trust and co-operation, founded on the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles.
9: Acceptance of apology
The text of the acceptance of the apology, as set out in the deed of settlement, is as follows: Ngāti Pāhauwera acknowledges that the Crown's apology represents its commitment to build a positive relationship with Ngāti Pāhauwera and to honour its obligations under the Treaty of Waitangi (Te Tiriti o Waitangi), for the good of this and future generations. Accordingly, Ngāti Pāhauwera accept the apology offered by the Crown and also look forward to building a positive relationship with the Crown.
2: Interpretation
10: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
11: Interpretation
1: In this Act, unless the context otherwise requires,— administering body section 2(1) affected person section 2AA(2) aquatic life section 2(1) authorised person
a: in respect of a cultural redress property, has the meaning given by section 42(7)
b: in respect of a commercial redress property, has the meaning given by section 83(5) 85(3) 94(4) business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period starting on 25 December in a year and ending with the close of 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the day observed as the anniversary of the province of Wellington or Hawke's Bay commercial redress property
a: a commercial redress property for no consideration:
b: the licensed land:
c: a valued commercial redress property commercial redress property for no consideration Commissioner of Crown Lands section 2 consent authority section 2(1) core area of interest Crown section 2(1) Crown body
a: a Crown entity (as defined by section 7(1)
b: a State enterprise (as defined by section 2
c: the New Zealand Railways Corporation:
d: a company or body that is wholly owned or controlled by any 1 or more of the following:
i: the Crown:
ii: a Crown entity:
iii: a State enterprise:
iv: the New Zealand Railways Corporation:
e: a subsidiary of, or a related company to, a company or body referred to in paragraph (d) Crown forest land section 2(1) Crown forestry licence
a: has the meaning given to it by section 2(1)
b: in relation to the licensed land, means the licence described in the third column of table B of Part 4 of the provisions schedule Crown forestry rental trust section 34 Crown forestry rental trust deed section 34 cultural redress property section 26 deed of settlement deed
a: mean the deed of settlement dated 17 December 2010 and signed by—
i: the Minister for Treaty of Waitangi Negotiations, the Honourable Christopher Finlayson, the Associate Minister of Māori Affairs, the Honourable Georgina Te Heuheu, and the Minister of Finance, the Honourable Simon William English for the Crown; and
ii: Kuki Green, Toro Waaka, Gerald Aranui, Sissiel Henderson, Charles Lambert, Tureiti Moxon, and Tania Hodges as trustees of the Ngāti Pāhauwera Development Trust and for Ngāti Pāhauwera; and
b: include—
i: the schedules to the deed; and
ii: any amendments to the deed or its schedules Director-General documents schedule effective date encumbrance Heritage New Zealand Pouhere Taonga section 9 historical claims section 13 land holding agency
a: in relation to commercial redress property for no consideration, the land holding agency specified for the property in table A of Part 4 of the provisions schedule:
b: in relation to the licensed land, LINZ:
c: in relation to a valued commercial redress property, the land holding agency specified for the property in table C of Part 4 of the provisions schedule licensed land
a: means the land described in table B of Part 4 of the provisions schedule; but
b: does not include—
i: a tree growing, standing, or lying on that land; or
ii: an improvement that has been acquired by a purchaser of the trees on that land; or
iii: an improvement that has been made, after the acquisition of the trees on that land, by the purchaser or the licensee licensee licensor LINZ local authority section 5(1) member of Ngāti Pāhauwera section 12(1)﻿(a) Ngāti Pāhauwera Development Trust Ngāti Pāhauwera Development Trust deed—
a: means the deed of trust establishing the Ngāti Pāhauwera Development Trust, dated 27 September 2008; and
b: includes—
i: the schedules of and any attachments to the deed of trust; and
ii: any amendments to the deed of trust or its schedules and attachments Ngāti Pāhauwera Tiaki Trust Ngāti Pāhauwera Tiaki Trust deed
a: means the deed of trust establishing the Ngāti Pāhauwera Tiaki Trust, dated 27 September 2008; and
b: includes—
i: the schedules of and any attachments to the deed of trust; and
ii: any amendments to the deed of trust or its schedules and attachments provisions schedule regional council section 2(1) Registrar-General section 4 related company section 2(3) relevant consent authority relevant part of the Earthquake Slip Marginal Strip 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 12(1)﻿(a)
ii: 1 or more of the whānau, hapū, or groups that together form the collective group referred to in section 12(1)﻿(a)
iii: 1 or more members of Ngāti Pāhauwera resource consent section 2(1) RFR area settlement date settlement document subsidiary section 5 trustees of the Ngāti Pāhauwera Development Trust trustees trustees of the Ngāti Pāhauwera Tiaki Trust valued commercial redress property
2: In the definition of Crown body in subsection (1), controlled
a: in relation to a company, control of the composition of its board of directors; and
b: in relation to another body, control of the composition of the group that would be its board of directors if the body were a company. Section 11(1) business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 11(1) business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 11(1) Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 11(1) Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
12: Meaning of Ngāti Pāhauwera
1: In this Act, Ngāti Pāhauwera
a: the collective group composed of individuals who descend from 1 or more Ngāti Pāhauwera ancestors and who are members of 1 or more of the Ngāti Pāhauwera hapū listed in Schedule 1
b: every whānau, hapū, or group to the extent that it is composed of individuals referred to in paragraph (a); and
c: every individual referred to in paragraph (a).
2: In this section, Ngāti Pāhauwera ancestor
3: For the purposes of subsection (1)﻿(a), a person is descended from another person if descended from that other person by—
a: birth; or
b: legal adoption.
4: In this section, customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources.
13: Meaning of historical claims
1: In this Act, historical claims
a: is, or is founded on, a right arising—
i: from the Treaty of Waitangi (Te Tiriti o Waitangi) or its principles; or
ii: under legislation; or
iii: at common law (including aboriginal title or customary law); or
iv: from 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.
2: In this Act, historical claims
a: Wai 119—the Mohaka River and land claim; and
b: Wai 430—the Rāwhiti Station claim; and
c: Wai 436—the Ngāi Tane claim; and
d: Wai 731—the Kupa whānau claim.
3: However, historical claims
a: a claim that a member of Ngāti Pāhauwera, or a whānau, hapū, or group referred to in section 12(1) section 12
b: a claim that a member of Ngāti Kapua Matotoru may have that is, or is founded on, a right arising as a result of being descended other than from Hinetunge:
c: a claim based on descent from Tahumatua II that a member of Marangatuhetaua (Ngāti Tu), Ngāi Tatara or Ngāti Kurumokihi or Ngāi Te Ruruku ki Tangoio may have that is, or is founded on, a right arising as a result of being descended from Tukapua I, Whakaari, Tataramoa, or Te Ruruku:
d: a claim that a member of Ngāi Te Ruruku may have based on descent from Wharerakau or Te Hiku:
e: a claim that a representative entity may have to the extent the claim is, or is founded on, a claim referred to in paragraph (a):
f: an application under subpart 1 2
4: Subsection (3)﻿(f) is to avoid doubt.
3: Settlement of historical claims
Historical claims settled and jurisdiction of courts, etc, removed
14: Settlement of historical claims final
1: The historical claims are settled.
2: The settlement of the historical claims is final and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
3: Subsections (1) and (2) do not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.
4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the deed of settlement; or
c: this Act; or
d: the redress provided under the deed of settlement or this Act.
5: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act. Consequential amendment to Treaty of Waitangi Act 1975
15: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: Schedule 3 Ngāti Pāhauwera Treaty Claims Settlement Act 2012, section 14(4) and (5) 2012-04-06 Treaty of Waitangi Act 1975 Protections no longer apply
16: Certain enactments do not apply
1: The enactments listed in subsection (2) do not apply—
a: to land within the RFR area; or
b: for the benefit of Ngāti Pāhauwera or a representative entity.
2: The enactments are—
a: sections 8A to 8HJ
b: sections 27A to 27C
c: sections 568 to 570
d: Part 3
e: Part 3 Section 16(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
17: Removal of memorials
1: The chief executive of LINZ must issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—
a: solely within the RFR area; and
b: contained in a certificate of title or computer register that has a memorial entered under any enactment referred to in section 16(2)
2: The chief executive of LINZ must issue a certificate under subsection (1) as soon as is reasonably practicable after the settlement date.
3: Each certificate must state that it is issued under this section.
4: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1),—
a: register the certificate against each certificate of title or computer register identified in the certificate; and
b: cancel, in respect of each allotment identified in the certificate, each memorial that is entered (in accordance with any enactment referred to in section 16(2)
4: Other matters
No limit on duration of trusts Heading replaced 30 January 2021 section 161 Trusts Act 2019
18: Limit on duration of trusts does not apply
1: No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: prescribe or restrict the period during which—
i: the Ngāti Pāhauwera Development Trust and the Ngāti Pāhauwera Tiaki Trust may exist in law; or
ii: the trustees of the Ngāti Pāhauwera Development Trust and the trustees of the Ngāti Pāhauwera Tiaki Trust, in their capacity as trustees, may hold or deal with property (including income derived from property); or
b: apply to a settlement document 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 the Ngāti Pāhauwera Development Trust or the Ngāti Pāhauwera Tiaki Trust is, or becomes, a charitable trust, that trust may continue indefinitely under section 16(6)﻿(a) Section 18 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 18(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 18(2) amended 30 January 2021 section 161 Trusts Act 2019 Timing of actions or matters
19: Timing of actions or matters
1: Actions or matters occurring under this Act occur or take effect on and from the settlement date.
2: However, if a provision of this Act requires an action or matter to occur or to take effect on a date other than the settlement date, that action or matter occurs or takes effect on and from that other date. Access to deed of settlement
20: Access to deed of settlement
The chief executive of the Ministry of Justice must make copies of the deed of settlement available—
a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington during the period of 9 am to 5 pm on any business day; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
2: Cultural redress
1: Te Heru o Tūreia
21: Interpretation
In this Act, Te Heru o Tūreia Te Heru o Tūreia (Area B) Te Heru o Tūreia Gift Area Nakunaku Schedule 2
22: Te Heru o Tūreia
1: Te Heru o Tūreia ceases to be a conservation area subject to the Conservation Act 1987
2: The fee simple estate in Te Heru o Tūreia vests in the trustees of the Ngāti Pāhauwera Tiaki Trust to hold on behalf of Ngāti Pāhauwera.
23: Gifting of Te Heru o Tūreia Gift Area
1: After the vesting of Te Heru o Tūreia under section 22(2)
2: Te Heru o Tūreia Gift Area is declared a reserve and classified as a historic reserve subject to section 18
3: The reserve created by subsection (2) is named Te Heru o Tūreia Historic Reserve.
4: Despite the vestings under section 22(2)
5: The vesting of Te Heru o Tūreia Gift Area is not affected by Part 4A section 11 Part 10
24: Te Heru o Tūreia (Area B)
1: Section 22
2: The covenant referred to in subsection (1) is to be treated as a conservation covenant for the purposes of—
a: section 27
b: section 77
3: Despite the vesting of Te Heru o Tūreia under section 22(2)
25: Nakunaku
1: After the vesting of Te Heru o Tūreia under section 22(2) section 18
2: The reserve created by subsection (1) is named Nakunaku Historic Reserve.
2: Vesting of other cultural redress properties
26: Interpretation
1: In this Act, cultural redress property
a: means any of the following sites, and each site means the land described by that name in Schedule 3 Sites vested in fee simple
i: Takauere:
ii: Ononi:
iii: Te Kuta: Sites vested in fee simple subject to conservation covenant
iv: Tauwhareroa:
v: Kuwatawata:
vi: Ngākōauau (Area A):
vii: Paaka Te Ahu:
viii: bed of part of Lake Rotoroa:
ix: bed of Lake Rotongaio: Sites vested in fee simple to be administered as scenic reserve
x: Mangawhārangi:
xi: Ngākōauau (Area B):
xii: Tānga Kākāriki:
xiii: Pūtere: Site vested in fee simple to be administered as local purpose reserve
xiv: Raupunga Reserve; and
b: includes Te Heru o Tūreia (Area B) and Nakunaku.
2: In this Act and Schedule 3 Crown stratum Lake Rotongaio lakebeds
a: the bed of Lake Rotongaio; and
b: the bed of part of Lake Rotoroa Minister part of Lake Rotoroa reserve site
a: Nakunaku:
b: Mangawhārangi:
c: Ngākōauau (Area B):
d: Tānga Kākāriki:
e: Pūtere:
f: Raupunga Reserve. Sites vested in fee simple
27: Takauere
1: Takauere (being Pittars Conservation Area) ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Takauere vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
28: Ononi
1: The reservation of Ononi (being part of Mangawhārangi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Ononi vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
29: Te Kuta
1: The reservation of Te Kuta as a local purpose (stock resting place) reserve subject to the Reserves Act 1977
2: The fee simple estate in Te Kuta vests in the trustees of the Ngāti Pāhauwera Tiaki Trust. Sites vested in fee simple subject to conservation covenant
30: Tauwhareroa
1: The reservation of Tauwhareroa (being Rawhiti Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Tauwhareroa vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
3: Subsections (1) and (2) are subject to the trustees of the Ngāti Pāhauwera Tiaki Trust providing the Crown with a registrable covenant in relation to Tauwhareroa in the form set out in Part 3 of the documents schedule.
4: The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of section 77
31: Kuwatawata
1: Kuwatawata (being part of the Mohaka River Conservation Area) ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Kuwatawata vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
3: Subsections (1) and (2) are subject to the trustees of the Ngāti Pāhauwera Tiaki Trust providing the Crown with a registrable covenant in relation to Kuwatawata in the form set out in Part 3 of the documents schedule.
4: The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of—
a: section 27
b: section 77
32: Ngākōauau (Area A)
1: Ngākōauau (Area A) (being part of Maulders Conservation Area) ceases to be a conservation area subject to the Conservation Act 1987
2: The fee simple estate in Ngākōauau (Area A) vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
3: Subsections (1) and (2) are subject to the trustees of the Ngāti Pāhauwera Tiaki Trust providing the Crown with—
a: a registrable right of way easement over the area shown as B
b: a registrable covenant in relation to that part of Ngākōauau (Area A) shown as A B C D
4: The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of section 77
33: Paaka Te Ahu
1: The reservation of Paaka Te Ahu (being Mohaka River Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Paaka Te Ahu vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
3: Subsection (2) is subject to the trustees of the Ngāti Pāhauwera Tiaki Trust providing the Crown with a registrable covenant in relation to Paaka Te Ahu in the form set out in Part 3 of the documents schedule.
4: The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of—
a: section 27
b: section 77
34: Bed of Lake Rotongaio
1: Lake Rotongaio ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the bed of Lake Rotongaio vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
3: The bed of Lake Rotongaio site is not rateable under the Local Government (Rating) Act 2002 section 9
4: The Crown stratum above the bed of Lake Rotongaio is declared a reserve and classified as a local purpose (wildlife management) reserve subject to section 23
5: The reserve created by subsection (4) is named Lake Rotongaio Local Purpose (Wildlife Management) Reserve.
6: Subsections (1) to (5) are subject to the trustees of the Ngāti Pāhauwera Tiaki Trust providing the Crown with a registrable covenant in relation to the lakebeds in the form set out in Part 3 of the documents schedule.
7: The covenant referred to in subsection (6) is to be treated as a conservation covenant for the purposes of—
a: section 77
b: section 27
8: This section is subject to sections 47 48 49
35: Bed of part of Lake Rotoroa
1: Part of Lake Rotoroa ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the bed of part of Lake Rotoroa vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
3: The bed of part of Lake Rotoroa site is not rateable under the Local Government (Rating) Act 2002 section 9
4: The Crown stratum above the bed of part of Lake Rotoroa is declared a reserve and classified as a local purpose (wildlife management) reserve subject to section 23
5: The reserve created by subsection (4) is named Lake Rotoroa Local Purpose (Wildlife Management) Reserve.
6: Subsections (1) to (5) are subject to the trustees of the Ngāti Pāhauwera Tiaki Trust providing the Crown with the registrable covenant referred to in section 34(6)
7: This section is subject to sections 47 48 49 Sites vested in fee simple to be administered as scenic reserves
36: Mangawhārangi
1: The reservation of Mangawhārangi (being part of Mangawharangi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Mangawhārangi vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
3: Mangawhārangi is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve created by subsection (3) is named Mangawhārangi Scenic Reserve.
37: Ngākōauau (Area B)
1: Ngākōauau (Area B) (being part of Maulders Conservation Area) ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Ngākōauau (Area B) vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
3: Ngākōauau (Area B) is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve created by subsection (3) is named Ngākōauau Scenic Reserve.
38: Tānga Kākāriki
1: The reservation of Tānga Kākāriki (being part of Kakariki Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Tānga Kākāriki vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
3: Tānga Kākāriki is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve created by subsection (3) is named Tānga Kākāriki Scenic Reserve.
39: Pūtere
1: The reservation of Pūtere (being the Putere Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Pūtere vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
3: Pūtere is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: The reserve created by subsection (3) is named Pūtere Scenic Reserve. Site vested in fee simple to be administered as local purpose reserve
40: Raupunga Reserve
1: The reservation of Raupunga Reserve (being Raupunga Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Raupunga Reserve vests in the trustees of the Ngāti Pāhauwera Tiaki Trust.
3: Raupunga Reserve is declared a reserve and classified as a local purpose (water supply) reserve subject to section 23
4: The reserve created by subsection (3) is named Raupunga Local Purpose (Water Supply) Reserve.
3: General provisions relating to vesting of cultural redress properties
General provisions
41: Properties vest subject to, or together with, encumbrances
1: Each cultural redress property vests under subpart 1 or 2 Schedule 2 3
2: Subsection (3) applies if a cultural redress property vests subject to an unregistered concession, whether or not the concession also applies to land outside the cultural redress property.
3: The concession applies in respect of the cultural redress property as if the registered proprietors of the property were the grantor under the concession.
42: Registration of ownership
1: This section applies in relation to the fee simple estate in a cultural redress property vested in the trustees of the Ngāti Pāhauwera Tiaki Trust under subpart 1 2
2: The Registrar-General must, on written application by an authorised person, comply with subsections (3) and (4).
3: To the extent that a cultural redress property (other than Ngākōauau (Area B)) is all of the land contained in a computer freehold register, the Registrar-General must—
a: register the trustees of the Ngāti Pāhauwera Tiaki Trust as the proprietors of the fee simple estate in the land; and
b: record anything in the register, and do anything else, that is necessary to give effect to this Part and to Part 5 of the deed of settlement.
4: To the extent that a cultural redress property is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property, or in the case of Ngākōauau (Area B), the Registrar-General must, in accordance with an application received from an authorised person,—
a: create 1 or more computer freehold registers for the fee simple estate in the property in the names of the trustees of the Ngāti Pāhauwera Tiaki Trust; and
b: record on the register any encumbrances that are registered, notified, or notifiable and that are described in the application.
5: Subsection (4) applies subject to the completion of any survey necessary to create the computer freehold register.
6: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing by the trustees of the Ngāti Pāhauwera Tiaki Trust and the Crown.
7: In this section, authorised person
43: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property in the trustees of the Ngāti Pāhauwera Tiaki Trust under subpart 1 2 Part 4A sections 24(2A) 24A 24AA
2: Despite subsection (1), the rest of section 24
a: a reserve site under subpart 1 2
b: Kuwatawata under section 31(2) section 34(2) section 35(2)
3: If the reservation under subpart 1 2 section 24
44: Recording application of Part 4A of Conservation Act 1987
1: The Registrar-General must record on the computer freehold register for—
a: a reserve site—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 43(3) 54
b: Kuwatawata, the bed of Lake Rotongaio, and the bed of part of Lake Rotoroa, that the land is subject to Part 4A section 24
c: any other cultural redress property, that the land is subject to Part 4A
2: Notification under subsection (1) that land is subject to Part 4A section 24D(1)
3: If the reservation of a reserve site under subpart 1 2
a: all of the site, then the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the site the notifications that—
i: section 24
ii: the site is subject to sections 43(3) 54
b: part of the site, then the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register for the part of the site that remains a reserve.
4: The Registrar-General must comply with an application received in accordance with subsection (3)﻿(a).
45: Application of other enactments
1: Sections 24 25 subpart 1 2
2: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under subpart 1 2
b: any matter incidental to, or required for the purpose of, the vesting.
3: The vesting of the fee simple estate in a cultural redress property under subpart 1 2
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
46: Application of New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 to certain sites
1: If a site vested under subpart 1 2 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
a: that official geographic name is discontinued; and
b: the Board must ensure that, as soon as is reasonably practicable, the official geographic name is removed from the Gazetteer.
2: However, if a site vested under subpart 1 2
a: subsection (1)﻿(a) applies only to the part of the site that is vested under subpart 1 2
b: the Board must amend the Gazetteer so that the official geographic name applies only to the part of the reserve or conservation area that is not vested under subpart 1 2
3: If a site is vested under subpart 1 2
4: The Minister must not change the name of a reserve site under section 16(10)
5: In this section, Board Crown protected area Gazetteer official geographic name section 4 Further provisions relating to bed of Lake Rotongaio and bed of part of Lake Rotoroa
47: Lawful access or use, and recreational activities, in relation to lakes
1: Despite the vestings under sections 34(2) 35(2)
a: any lawful right of access to, or use of, Lake Rotongaio or part of Lake Rotoroa remains unaffected; and
b: members of the public may carry out lawful recreational activities in or on Lake Rotongaio or part of Lake Rotoroa; and
c: the registered proprietors of the lakebeds must not interfere with a member of the public carrying out a lawful recreational activity in or on Lake Rotongaio or part of Lake Rotoroa.
2: A recreational activity under subsection (1)—
a: for which any enactment requires a permit, licence, or other authorisation must be carried out in accordance with the required authorisation:
b: does not include an activity that—
i: is unlawful under any enactment or bylaw; or
ii: involves attaching a fixture to the bed of Lake Rotongaio or the bed of part of Lake Rotoroa; or
iii: involves a risk of a significant adverse effect to Lake Rotongaio or part of Lake Rotoroa.
3: To avoid doubt, the vestings under sections 34(2) 35(2)
a: the waters of Lake Rotongaio or part of Lake Rotoroa; or
b: the aquatic life of Lake Rotongaio or part of Lake Rotoroa (except the plants attached to the bed of Lake Rotongaio or the bed of part of Lake Rotoroa).
48: Existing structures in or on lakebeds
1: Despite the vestings under sections 34(2) 35(2)
a: does not vest in the trustees of the Ngāti Pāhauwera Tiaki Trust; and
b: may remain in or on the lakebeds without the consent of, and without charge by, the registered proprietors of the land; and
c: may be used, occupied, accessed, repaired, maintained, removed, or demolished at any time without the consent of, and without charge by, the registered proprietors of the land.
2: However, if the owner of an existing structure removes or demolishes it, the registered proprietors may require the owner to leave the lakebeds concerned in a clean and tidy condition.
3: In this section and sections 49 50 existing structure
a: means a structure in or on any of the lakebeds to the extent that the structure existed on the settlement date; and
b: includes such a structure whether or not, at any time, it was or is unlawful or unauthorised.
49: Determination of matters relating to existing structures
Despite the vestings under sections 34(2) 35(2)
a: a person's application for a resource consent or a building consent under the Resource Management Act 1991 Building Act 2004
b: any attempt by a person to rectify the non-compliance of an existing structure with or under the Resource Management Act 1991 Building Act 2004
50: Liability for existing structures
The registered proprietors of the lakebeds are not liable for an existing structure for which they would, apart from this section, be liable by reason of their ownership of any of the lakebeds.
51: New structures require consent
1: No person may erect or modify a structure in or on, or attach a structure to, any of the lakebeds, unless the registered proprietors of the lakebeds first give their written consent.
2: However, subsection (1) does not apply if—
a: the activity relating to the structure is permitted or otherwise authorised under section 45
b: section 52
3: The registered proprietors may impose conditions on the grant of their consent, including imposing a charge.
52: Authorisations not affected
1: To avoid doubt, the vestings under sections 34(2) 35(2)
a: to undertake an activity in, on, or in relation to the lakebeds; or
b: to exercise a power or perform a function or duty in, on, or in relation to the lakebeds.
2: The rights and authorisations referred to in subsection (1) include, but are not limited to, a right or an authorisation to—
a: place or install, permanently or temporarily, a structure of any kind in or on the lakebeds; or
b: enter and remain on the lakebeds to carry out any activity, including to gain access to, or undertake an activity on, any structure placed or installed in or on the lakebeds. Provisions relating to reserve sites
53: Application of Reserves Act 1977 to reserve sites
1: The trustees of the Ngāti Pāhauwera Tiaki Trust are the administering body of a reserve site for the purposes of the Reserves Act 1977
2: Sections 48A 114 115 sections 48A(6) 114(5) 115(6)
3: Sections 78(1)﻿(a) 79 to 81 88
4: If the reservation of a reserve site under this Part is revoked under section 24 section 25
54: Subsequent transfer of reserve land
1: This section applies to all, or the part, of a reserve site that, at any time after it is vested in the trustees of the Ngāti Pāhauwera Tiaki Trust under subpart 1 2 Reserves Act 1977 reserve land
2: The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law.
3: The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners
a: comply with the requirements of the Reserves Act 1977
b: perform the duties of an administering body under that Act.
4: The Registrar-General must, upon receiving the documents specified in subsection (5), register the new owners as the proprietors of the fee simple estate in the reserve land.
5: The 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 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.
6: The new owners, from the time of their registration under subsection (4),—
a: are the administering body of the reserve land for the purposes of the Reserves Act 1977
b: hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer.
7: Despite subsections (1) and (2), subsections (3) to (6) do not apply to the transfer of the fee simple estate in the reserve land if—
a: the transferors of the reserve land are or were trustees of a trust; and
b: the transferees are the trustees of that same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and
c: the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply.
55: Reserves not to be mortgaged
The registered proprietors of a reserve site must not mortgage, or give a security interest in, all or any part of the site that, at any time after the site was vested in the trustees of the Ngāti Pāhauwera Tiaki Trust under subpart 1 2 Reserves Act 1977
56: Saving of bylaws, etc, in relation to reserve sites
1: This section applies to any bylaw, prohibition, or restriction on use or access that an administering body or the Minister made or granted under the Reserves Act 1977 Conservation Act 1987 subpart 1 2
2: The bylaw, prohibition, or restriction on use or access remains in force until it expires or is revoked under the Reserves Act 1977 Conservation Act 1987
4: Extraction of hāngi stones
57: Interpretation
In this subpart,— coastal marine area section 2(1) hāngi stones
a: are typically basalt, rhyolite, or andesite volcanic cobbles; and
b: are typically lacking in fracture planes; and
c: have dense crystalline texture giving them the capacity to retain heat; and
d: are commonly found in deposits of volcanic debris relevant hāngi stones
58: Restriction on extraction of relevant hāngi stones
1: A person may only extract relevant hāngi stones if—
a: the relevant hāngi stones are loose; and
b: the person has obtained the written consent of the trustees of the Ngāti Pāhauwera Development Trust to extract the relevant hāngi stones; and
c: the person extracts the relevant hāngi stones in accordance with any terms or conditions set out in the consent referred to in paragraph (b).
2: If a person extracts relevant hāngi stones in carrying out another activity, the person must return the stones—
a: to their original position; or
b: as close as is reasonably practicable to their original position; or
c: if the trustees so direct, to another place in the vicinity of their original position.
59: Trustees' consent
1: The trustees of the Ngāti Pāhauwera Development Trust are not obliged to give a consent to extract relevant hāngi stones under section 58(1)﻿(b)
2: Despite any enactment, any person who has obtained the consent of the trustees to extract relevant hāngi stones may extract the stones without obtaining any consent from a local authority.
60: Appointment of tangata tiaki
1: Tangata tiaki may be appointed by the trustees of the Ngāti Pāhauwera Development Trust to promote compliance with the restriction imposed by section 58(1)
2: An appointment under subsection (1) may be made whether or not any regulations have been made under section 61
3: The functions of tangata tiaki are—
a: to assist in implementing the restriction imposed by section 58(1)
b: to advise members of the public of the restriction; and
c: to record any failure by a person to comply with the restriction if the tangata tiaki has reasonable grounds to believe that the failure is intentional; and
d: to request the name, contact details, and date of birth of any person referred to in paragraph (c); and
e: to report the matters specified in paragraphs (c) and (d) to the New Zealand Police.
4: To avoid doubt, tangata tiaki are responsible to the trustees of the Ngāti Pāhauwera Development Trust for the discharge of their functions under subsection (3).
61: Regulations relating to tangata tiaki
1: The Governor-General may, on the recommendation of the Minister of Justice after consultation with the trustees of the Ngāti Pāhauwera Development Trust, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the appointment of tangata tiaki under section 60
b: prescribing additional functions of tangata tiaki appointed under section 60
c: prescribing any duties or powers to be exercised by tangata tiaki for the purpose of performing their functions:
d: prescribing the means (including, without limitation, identity cards or badges, or both) by which tangata tiaki are to be identified.
2: Regulations 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 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 61(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Redress relating to fisheries and resource management matters
Nominations for special tribunal relating to Water Conservation (Mohaka River) Order 2004
62: Nominations for special tribunal in relation to Water Conservation (Mohaka River) Order 2004
1: This section applies if the Minister for the Environment appoints a special tribunal under section 202 special tribunal
a: the waters to be protected fall entirely within the core area of interest; or
b: the waters to be protected fall partly within the core area of interest.
2: If subsection (1)﻿(a) applies, the trustees of the Ngāti Pāhauwera Development Trust may nominate for appointment up to half of the members of the special tribunal.
3: If subsection (1)﻿(b) applies, the trustees of the Ngāti Pāhauwera Development Trust may nominate for appointment 1 member of the special tribunal.
4: The Minister for the Environment must not refuse to accept any nomination under subsection (2) or (3) unless the Minister is satisfied on reasonable grounds that—
a: the nominee's duties and responsibilities as a member of the special tribunal may be affected by some other interest or duty that the nominee has; or
b: there may be a perception on the part of any person with an interest in the application, or the general public, that the nominee—
i: has predetermined the outcome of the application; or
ii: is biased.
5: For the purposes of subsection (3), if more than 1 other iwi or hapū have the right to nominate a member of the special tribunal, the trustees of the Ngāti Pāhauwera Development Trust may, along with all other iwi with a right of nomination, agree on and jointly nominate up to half of the members of the special tribunal.
6: However, if the trustees of the Ngāti Pāhauwera Development Trust are unable or unwilling to reach agreement with all other iwi under subsection (5), the Minister for the Environment must instead consult with the trustees of the Ngāti Pāhauwera Development Trust on the membership of the special tribunal.
7: In this section,— relevant application
a: revoke or amend the Water Conservation (Mohaka River) Order 2004
b: make an order under section 214 waters to be protected section 200 Advisory committee
63: Appointment of advisory committee in relation to Mohaka River and Wairoa Hard
1: The Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995 section 21(1)
a: the current prohibition on the commercial taking of aquatic life in the Mohaka River; and
b: the current prohibition on the commercial taking of finfish and the current restrictions on the use of nets for the taking of finfish in the area in the Hawke's Bay known as the Wairoa Hard.
2: In this section, aquatic life finfish section 2(1) Amendment to Hawke's Bay Regional Resource Management Plan
64: Amendment to Hawke's Bay Regional Resource Management Plan
1: The heading to Pol 52 of the Hawke's Bay Regional Resource Management Plan is amended by omitting RESOURCE ALLOCATION
2: In this section, Hawke's Bay Regional Resource Management Plan
65: Provision of certain resource consents to trustees of Ngāti Pāhauwera Development Trust
1: A local authority specified in subsection (2) must forward to the trustees of the Ngāti Pāhauwera Development Trust a copy of all applications for resource consents in respect of activities within the catchment of a river specified in subsection (3).
2: The local authorities are—
a: the Hawke's Bay Regional Council:
b: the Wairoa District Council:
c: the Hastings District Council.
3: The rivers are—
a: the Mohaka River:
b: the Waikari River:
c: the Waihua River.
6: Statutory acknowledgement
66: Interpretation
In this subpart,— statement of association
a: made by Ngāti Pāhauwera of their particular cultural, spiritual, historical, and traditional association with the relevant part of the Earthquake Slip Marginal Strip; and
b: that is in the form set out in Part 1 of the documents schedule at the settlement date statutory acknowledgement statutory plan—
a: means a district plan, proposed plan, regional coastal plan, regional plan, or regional policy statement as defined in section 2(1)
b: includes a proposed policy statement provided for in Schedule 1
67: Statutory acknowledgement by the Crown
The Crown acknowledges the statement of association.
68: Purposes of statutory acknowledgement
1: The only purposes of the statutory acknowledgement are to—
a: require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 69 to 71
b: require relevant consent authorities to forward summaries of resource consent applications, or copies of notices of resource consent applications, to the trustees of the Ngāti Pāhauwera Development Trust, as provided for in section 73
c: enable the trustees of the Ngāti Pāhauwera Development Trust and any member of Ngāti Pāhauwera to cite the statutory acknowledgement as evidence of the association of Ngāti Pāhauwera with the relevant part of the Earthquake Slip Marginal Strip, as provided for in section 74
2: This section does not limit sections 76 to 78 Section 68(1)﻿(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
69: Relevant consent authorities to have regard to statutory acknowledgement
1: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement in deciding, under section 95E
2: Subsection (1) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991
70: Environment Court to have regard to statutory acknowledgement
1: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement for the relevant part of the Earthquake Slip Marginal Strip in deciding, under section 274
2: Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991
71: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1)
2: In this section, archaeological site section 6 Section 71 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
72: 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 the relevant part of the Earthquake Slip Marginal Strip.
2: The information attached to a statutory plan must include—
a: the relevant provisions of sections 67 to 71
b: the description of the relevant part of the Earthquake Slip Marginal Strip; and
c: the statement of association for the relevant part of the Earthquake Slip Marginal Strip.
3: The attachment of information to a statutory plan under this section is for the purpose of public information only, and the information is not—
a: part of the statutory plan, unless adopted by the relevant consent authority; or
b: subject to the provisions of Schedule 1
73: Provision of resource consent applications to trustees of Ngāti Pāhauwera Development Trust
1: Each relevant consent authority must, for a period of 20 years from the effective date, provide the following to the trustees of the Ngāti Pāhauwera Development Trust for each resource consent application for an authority for activities within, adjacent to, or directly affecting the relevant part of the Earthquake Slip Marginal Strip:
a: if the application is received by the consent authority, a summary of the application; or
b: if notice of the application is served on the consent authority under section 145(10)
2: The information provided in a summary of an application must be the same as would be given to an affected person by limited notification under section 95B
3: A summary of an application must be provided under subsection (1)﻿(a)—
a: as soon as is reasonably practicable after the consent authority receives the application; and
b: before the consent authority decides under section 95
4: A copy of a notice of an application must be provided under subsection (1)﻿(b) no later than 10 business days after the date on which the consent authority receives the notice.
5: This section does not affect a relevant consent authority's obligation,—
a: under section 95
b: under section 95E
74: Use of statutory acknowledgement
1: The trustees of the Ngāti Pāhauwera Development Trust and any member of Ngāti Pāhauwera may, as evidence of the association of Ngāti Pāhauwera with the relevant part of the Earthquake Slip Marginal Strip, cite the statutory acknowledgement in submissions to, and in proceedings before, a relevant consent authority, the Environmental Protection Authority or a board of inquiry under Part 6AA Heritage New Zealand Pouhere Taonga
2: The content of the statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—
a: relevant consent authorities:
b: the Environmental Protection Authority or a board of inquiry under Part 6AA
c: the Environment Court:
d: Heritage New Zealand Pouhere Taonga:
e: parties to proceedings before those bodies:
f: any other person who is entitled to participate in those proceedings.
3: However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.
4: To avoid doubt,—
a: neither the trustees of the Ngāti Pāhauwera Development Trust nor members of Ngāti Pāhauwera are precluded from stating that Ngāti Pāhauwera have an association with the relevant part of the Earthquake Slip Marginal Strip that is not described in the statutory acknowledgement; and
b: the content and existence of the statutory acknowledgement does not limit any statement made. Section 74(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 74(2)﻿(d) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
75: Trustees of Ngāti Pāhauwera Development Trust may waive rights
1: The trustees of the Ngāti Pāhauwera Development Trust may waive the right to be provided with summaries, and copies of notices, of resource consent applications under section 73
2: Rights must be waived by written notice to the relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
a: the scope of the waiver; and
b: the period for which it applies.
3: An obligation under this subpart does not apply to the extent that the corresponding right has been waived under this section. Section 75(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 General provisions relating to statutory acknowledgement
76: Exercise of powers and performance of duties and functions
1: Except as expressly provided in this subpart,—
a: the statutory acknowledgement does not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw; and
b: no person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of Ngāti Pāhauwera with the relevant part of the Earthquake Slip Marginal Strip (as described in the statement of association) than that person would give under the relevant legislation or bylaw if no statutory acknowledgement existed in respect of the relevant part of the Earthquake Slip Marginal Strip.
2: Subsection (1)﻿(b) does not affect the operation of subsection (1)﻿(a).
77: Rights not affected
Except as expressly provided in this subpart, the statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.
78: Limitation of rights
Except as expressly provided in this subpart, the statutory acknowledgement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the relevant part of the Earthquake Slip Marginal Strip. Amendment to Resource Management Act 1991
79: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: Schedule 11 Ngāti Pāhauwera Treaty Claims Settlement Act 2012 2012-04-06 Resource Management Act 1991
7: The Crown not prevented from providing other similar redress
80: The Crown not prevented from providing other similar redress
1: The provision of the specified cultural redress does not prevent the Crown from doing anything that is consistent with that cultural redress, including—
a: providing, or agreeing to introduce legislation providing or enabling, the same or similar redress to any person other than Ngāti Pāhauwera or the trustees of the Ngāti Pāhauwera Development Trust; or
b: disposing of land.
2: However, subsection (1) is not an acknowledgement by the Crown or Ngāti Pāhauwera that any other iwi or group has interests in relation to land or an area to which any of the specified cultural redress relates.
3: In this section, specified cultural redress
3: Commercial redress
1: Transfer of commercial redress properties
81: The Crown may transfer properties
To give effect to Part 6 of the deed of settlement and Part 4 of the provisions schedule, the Crown (acting by and through the chief executive of the land holding agency) is authorised to do 1 or both of the following:
a: transfer the fee simple estate in a commercial redress property to the trustees of the Ngāti Pāhauwera Development Trust:
b: sign a transfer instrument or other document, or do any other thing, to effect a settlement transfer.
82: Revocation of reserve status
1: The reservation of the Mohaka Pound, Kotemāori, Raupunga Stock Resting Reserve, Mohaka Coach Road, and Pūtere Road sites as reserves subject to the Reserves Act 1977
2: Sections 24 25
3: In this section, Mohaka Pound Kotemāori Raupunga Stock Resting Reserve Mohaka Coach Road Pūtere Road
83: Registrar-General to create computer freehold register
1: This section applies to a commercial redress property other than licensed land, to the extent that it is not all of the land contained in a computer freehold register or there is no computer freehold register for all or part of the property.
2: The Registrar-General must, in accordance with a written application by an authorised person, and after the completion of any necessary survey, create a computer freehold register in the name of the Crown—
a: subject to, and together with, any encumbrances that are registered, notified, or notifiable and that are described in the written application; but
b: without any statement of purpose.
3: The authorised person may grant a covenant to arrange for the later creation of a computer freehold register for a commercial redress property.
4: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register a covenant (as referred to in subsection (3)) under the Land Transfer Act 1952
b: the Registrar-General must register the covenant in accordance with paragraph (a).
5: In this section, authorised person
84: Application of other enactments
1: Section 11 Part 10
a: the transfer to the trustees of the Ngāti Pāhauwera Development Trust of a commercial redress property; or
b: a matter incidental to, or required for the purpose of, that transfer.
2: The transfer of a commercial redress property to the trustees of the Ngāti Pāhauwera Development Trust does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
3: The transfer of a commercial redress property to the trustees of the Ngāti Pāhauwera Development Trust is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
4: The permission of a council under section 348
5: In exercising the powers conferred by section 81
6: Subsection (5) is subject to subsections (2) and (3).
85: Registrar-General to create computer freehold registers for licensed land
1: This section applies to licensed land to be transferred to the trustees of the Ngāti Pāhauwera Development Trust under Part 6 of the deed of settlement that is subject to a single Crown forestry licence.
2: The Registrar-General must, in accordance with a written application by an authorised person, and after the completion of any necessary survey, create 1 computer freehold register for that part of the licensed land in the Gisborne Land Registration District and 1 computer freehold register for that part of the licensed land in the Hawke's Bay Land Registration District, each in the name of the Crown—
a: subject to, and together with, any encumbrances that are registered, notified, or notifiable and that are described in the written application; but
b: without any statement of purpose.
3: In this section, authorised person
2: Licensed land
86: Licensed land ceases to be Crown forest land
1: Licensed land ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the trustees of the Ngāti Pāhauwera Development Trust.
2: However, although the licensed land does not cease to be Crown forest land until the transfer of the fee simple estate in the land to the trustees of the Ngāti Pāhauwera Development Trust is registered, neither the Crown nor any court or tribunal may do any thing, or omit to do any thing, if that act or omission would, between the settlement date and the date of registration, be consistent with the Crown Forest Assets Act 1989
87: Trustees of Ngāti Pāhauwera Development Trust are confirmed beneficiaries and licensors in relation to licensed land
1: The trustees of the Ngāti Pāhauwera Development Trust are, in relation to the licensed land, the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed.
2: The effect of subsection (1) is that—
a: the trustees of the Ngāti Pāhauwera Development Trust are entitled to the rental proceeds payable since the commencement of the Crown forestry licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees of the Ngāti Pāhauwera Development Trust are the confirmed beneficiaries.
3: The Crown must give notice under section 17(4)﻿(b) section 8HB(1)﻿(a)
4: Notice given by the Crown under subsection (3) has effect as if—
a: the Waitangi Tribunal had made a recommendation under section 8HB(1)﻿(a)
b: the recommendation had become final on the settlement date.
5: The trustees of the Ngāti Pāhauwera Development Trust are the licensor under the Crown forestry licence as if the licensed land had been returned to Māori ownership—
a: on the settlement date; and
b: under section 36
6: However, section 36(1)﻿(b)
88: Effect of transfer of licensed land
Section 87
89: Public access to licensed land
1: Clause 6.2 of the Crown forestry licence (which relates to public entry for recreational purposes) continues to apply even though the Crown is no longer the licensor under the licence because the land has been transferred to the trustees of the Ngāti Pāhauwera Development Trust under section 81
2: A notification to the effect described in subsection (1) must—
a: be recorded against each computer freehold register for the licensed land; and
b: on application by the registered proprietor, be removed from each computer freehold register for the licensed land on the expiry of the Crown forestry licence.
90: Public right of way easement may be granted
1: A public right of way easement may be granted under section 8
2: Sections 26 27 section 8(b)
3: The permission of a council under section 348
4: In this section, public right of way easement
3: Access to protected sites
91: Meaning of protected site
In this subpart, protected site
a: is wāhi tapu or a wāhi tapu area within the meaning of section 6
b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero (as defined in section 6 Section 91(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 91(b) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
92: Right of access to protected site
1: The owner of the land on which a protected site is situated and any person holding an interest in, or a right of occupancy to, that land must allow access across the land to each protected site to Māori for whom the protected site is of special spiritual, cultural, or historical significance.
2: The right of access may be exercised by vehicles 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 reasonable conditions imposed by the owner relating to the time, location, or manner of access as 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.
93: Right of access subject to Crown forestry licence
1: The right of access conferred by section 92
2: An amendment to a Crown forestry licence will be of no effect to the extent that it purports to—
a: delay the date from which a person who has a right of access under section 92
b: otherwise adversely affect the right of access.
94: Registrar-General must note right of access
1: The Registrar-General must, in accordance with a written application by an authorised person, record on the computer freehold registers for the licensed land that the land is, or may at any future time be, subject to the right of access set out in section 92
2: An application must be made as soon as is reasonably practicable after the settlement date.
3: However, if the computer freehold registers have not been created by the settlement date, an application must be made as soon as is reasonably practicable after the registers have been created.
4: In this section, authorised person
4: Right of first refusal in relation to RFR land
Interpretation
95: Interpretation
In this subpart and Schedule 4 dispose of
a: means to—
i: transfer or vest the fee simple estate in the land; or
ii: 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), for 50 years or longer; but
b: to avoid doubt, does not include to—
i: mortgage, or give a security interest in, the land; or
ii: grant an easement over the land; or
iii: consent to an assignment of a lease, or to a sublease, of the land; or
iv: remove an improvement, fixture, or fitting from the land expiry date sections 98(a) 99 notice offer section 98 public work section 2 RFR land section 96 RFR landowner
a: means—
i: the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
ii: a Crown body, if the body holds the fee simple estate in the land; and
b: includes a local authority to which RFR land has been disposed of under section 104(1)
c: 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 105(1) RFR period
96: Meaning of RFR land
1: In this subpart, RFR land
a: means the land within the RFR area shown on SO 433356 that, on the settlement date, is—
i: vested in the Crown; or
ii: held in fee simple by the Crown; or
iii: a reserve vested in an administering body that derived title from the Crown; and
b: includes land obtained in exchange for a disposal of RFR land under section 109(1)﻿(c) 110
c: does not include a commercial redress property.
2: However, land ceases to be RFR land if—
a: the RFR landowner transfers the fee simple estate in the land to—
i: the trustees of the Ngāti Pāhauwera Development Trust or their nominee (for example, under a contract formed under section 102
ii: any other person (including the Crown or a Crown body) under section 97(c)
b: the RFR landowner transfers or vests the fee simple estate in the land to or in a person other than the Crown or a Crown body—
i: under any of sections 106 to 112
ii: under section 113(1)
c: the RFR period ends. Restrictions on disposal of RFR land
97: Restrictions on disposal of RFR land
An RFR landowner must not dispose of RFR land to a person other than the trustees of the Ngāti Pāhauwera Development Trust or their nominee unless the land is disposed of—
a: under any of sections 103 to 112
b: under section 113(1)
c: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of the Ngāti Pāhauwera Development Trust, if the offer was—
i: made in accordance with section 98
ii: on terms that were the same as, or more favourable to the trustees of the Ngāti Pāhauwera Development Trust than, the terms of the disposal to the person; and
iii: not withdrawn under section 100
iv: not accepted under section 101 Right of first refusal
98: Requirements for offer
An offer by an RFR landowner to dispose of RFR land to the trustees of the Ngāti Pāhauwera Development Trust must be by notice to the trustees of the Ngāti Pāhauwera Development Trust, incorporating—
a: the terms of the offer, including its expiry date; and
b: a legal description of the land, including any encumbrances affecting it, and the reference for any computer register that contains the land; and
c: a street address for the land (if applicable); and
d: a street address, postal address, and fax number to enable the trustees of the Ngāti Pāhauwera Development Trust to give notices to the RFR landowner in relation to the offer.
99: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 40 business days after the date on which the trustees of the Ngāti Pāhauwera Development Trust receive notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 20 business days after the date on which the trustees receive notice of the offer if—
a: the trustees of the Ngāti Pāhauwera Development Trust received an earlier offer to dispose of the land; and
b: the expiry date of the earlier offer was no earlier than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
100: Withdrawal of offer
The RFR landowner may, by notice to the trustees of the Ngāti Pāhauwera Development Trust, withdraw an offer at any time before it is accepted.
101: Acceptance of offer
1: The trustees of the Ngāti Pāhauwera Development Trust may, by notice to the RFR landowner who made an offer, accept the offer if—
a: it has not been withdrawn; and
b: its expiry date has not passed.
2: The trustees of the Ngāti Pāhauwera Development Trust must accept all the RFR land offered, unless the offer permits them to accept less.
102: Formation of contract
1: If the trustees of the Ngāti Pāhauwera Development Trust accept an offer by an RFR landowner to dispose of RFR land under section 101
2: The terms of the contract may be varied by written agreement between the landowner and the trustees of the Ngāti Pāhauwera Development Trust.
3: Under the contract, the trustees of the Ngāti Pāhauwera Development Trust may nominate any person other than the trustees of the Ngāti Pāhauwera Development Trust (the nominee
4: The trustees may nominate a nominee only—
a: if the nominee is lawfully able to hold the RFR land; and
b: by giving notice to the RFR landowner on or before the day that is 10 business days before the date on which the transfer is to be settled.
5: The notice must specify—
a: the full name of the nominee; and
b: any other details about the nominee that the landowner needs in order to transfer the RFR land to the nominee.
6: If the trustees of the Ngāti Pāhauwera Development Trust nominate a nominee, the trustees remain liable for the obligations of the transferee under the contract. Disposals to others where land remains RFR land
103: Disposal to the Crown or Crown body
1: An RFR landowner may dispose of RFR land to—
a: the Crown; or
b: a Crown body.
2: To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 Section 103(2) amended 1 August 2020 section 668 Education and Training Act 2020
104: Disposal of existing public works to local authority
1: An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 section 2
2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart.
105: Disposal of reserve to administering body
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 that land; or
b: subject to the obligations of an RFR landowner under this subpart.
3: However, if the 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 if land may cease to be RFR land
106: Disposal in accordance with enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
107: Disposal in accordance with legal or equitable obligation
An RFR landowner may dispose of RFR land in accordance with—
a: a legal or an equitable obligation that—
i: was unconditional before the 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.
108: Disposal by the Crown under certain legislation
The Crown may dispose of RFR land in accordance with—
a: section 54(1)﻿(d)
b: section 355(3)
c: subpart 3
109: Disposal of land held for public works
1: An RFR landowner may dispose of RFR land in accordance with—
a: section 40(2) or (4) 41
b: section 52 105(1) 106 114(3) 117(7) 119
c: section 117(3)﻿(a)
d: section 117(3)﻿(b)
e: section 23(1) or (4) 24(4) 26
2: To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 section 41(1)﻿(e)
110: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
111: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
112: Disposal to tenants
The Crown may dispose of RFR land—
a: that was held on the settlement date for education purposes to a person who, immediately before the disposal, is a tenant of the land of 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 contained in a lease granted before the settlement date; or
c: under section 93(4) RFR landowner obligations
113: RFR landowner’s obligations under this subpart
1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
a: any other enactment or rule of law, but, for a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any encumbrance, or legal or equitable obligation,—
i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees of the Ngāti Pāhauwera Development Trust; and
ii: that the RFR landowner cannot satisfy by taking reasonable steps; and
c: the terms of a mortgage over, or security interest in, RFR land.
2: Reasonable steps, for the purposes of subsection (1)﻿(b)﻿(ii), do not include steps to promote the passing of an enactment.
3: This subpart does not limit subsection (1). Notices
114: Notice of RFR land with computer register after settlement date
1: If a computer register is first created for RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the register has been created.
2: If land for which there is a computer register becomes RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.
3: The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.
4: The notice must specify the legal description of the land and identify the computer register that contains the land.
115: Notice of disposals of RFR land to others
1: An RFR landowner must give notice to the trustees of the Ngāti Pāhauwera Development Trust of the disposal of RFR land by the landowner to a person other than the trustees of the Ngāti Pāhauwera Development Trust.
2: The notice must be given on or before the date that is 20 business days before the date of the disposal.
3: The notice must—
a: specify the legal description of the land (including any encumbrances affecting it); and
b: identify any computer register that contains the land; and
c: specify the street address for the land (if applicable); and
d: identify the person to whom the land is being disposed of; and
e: explain how the disposal complies with section 97
f: in the case of a disposal under section 97(c)
116: Notice of land ceasing to be RFR land
1: This section applies if land contained in a computer register is to cease being RFR land because—
a: the RFR landowner is to transfer the fee simple estate in the land to—
i: the trustees of the Ngāti Pāhauwera Development Trust or their nominee (for example, under a contract formed under section 102
ii: any other person (including the Crown or a Crown body) under section 97(c)
b: the RFR landowner is to transfer or vest the fee simple estate in the land to or in a person other than the Crown or a Crown body—
i: under any of sections 106 to 112
ii: under section 113(1)
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—
a: specify the legal description of the land; and
b: identify the computer register that contains the land; and
c: specify the details of the transfer or vesting of the land.
117: Notice requirements
Schedule 4
a: an RFR landowner; or
b: the trustees of the Ngāti Pāhauwera Development Trust. Memorials for RFR land
118: Recording memorials on computer registers for RFR land
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers that contain,—
a: the RFR land for which there is a computer register on the settlement date; and
b: the RFR land for which a computer register is first created after the settlement date; and
c: land for which there is a computer register that becomes RFR land after the settlement date.
2: The chief executive must issue a certificate, as soon as is reasonably practicable after—
a: the settlement date for RFR land, for which there is a computer register on the settlement date; or
b: receiving a notice under section 114
3: Each certificate must state that it is issued under this section.
4: The chief executive must provide a copy of each certificate to the trustees of the Ngāti Pāhauwera Development Trust 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 the computer register that the land described in the certificate (and contained in the computer register) is—
a: RFR land as defined in section 96
b: subject to this subpart (which restricts disposal, including leasing, of the land).
119: Removal of memorials 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 116
a: specifies the legal description of the land; and
b: identifies the computer register that contains the land; and
c: specifies the details of the transfer or vesting of the land; and
d: states that it is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees of the Ngāti Pāhauwera Development Trust as soon as is reasonably practicable after issuing the certificate.
3: If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove any memorial recorded under section 118
120: Removal of memorials when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends, issue to the Registrar-General a certificate that—
a: identifies each computer register that still has a memorial recorded on it under section 118
b: states that it is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees of the Ngāti Pāhauwera Development Trust 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 a memorial recorded under section 118 General provisions
121: Waiver and variation
1: The trustees of the Ngāti Pāhauwera Development Trust may, by notice to an RFR landowner, waive any or all of their rights in relation to the landowner under this subpart.
2: The trustees of the Ngāti Pāhauwera Development Trust and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
3: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
122: 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.
123: Assignment of RFR right
1: Subsection (2) applies if, at any time, an RFR holder—
a: assigns the holder's RFR rights to an assignee in accordance with the holder's constitutional documents; and
b: has given the notices required by subsection (3).
2: This subpart and Schedule 4
3: An RFR holder must give notice to each RFR landowner,—
a: stating that the RFR rights of the RFR holder are to be assigned under this section; and
b: specifying the date of assignment; and
c: specifying the name of the assignee, and if assignees are the trustees of a trust, the name of the trust; and
d: specifying the street or postal address or fax number for notices to the assignee.
4: In this section and Schedule 4 assignee constitutional documents RFR holder
a: the Ngāti Pāhauwera Development Trust; or
b: an assignee RFR right