Te Roroa Claims Settlement Act 2008

1: Title
This Act is the Te Roroa Claims Settlement Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Purpose of Act, acknowledgements and apology, interpretation provisions, settlement of claims, and miscellaneous matters
1: Purpose of Act and acknowledgements and apology by the Crown to Te Roroa
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and the apology offered by the Crown to Te Roroa in the Deed of Settlement dated 17 December 2005 and signed by—
i: the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Mark Burton, for the Crown; and
ii: Alex Nathan, Moengaroa Murray, and other members of Te Roroa for Te Roroa; and
b: to give effect to certain provisions of the Deed of Settlement, which is a deed that settles the Te Roroa historical claims and provides cultural and commercial redress to Te Roroa.
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 of the Deed of Settlement.
2: Part 1—
a: sets out the purpose of this Act, records the acknowledgements and the apology given by the Crown to Te Roroa in the Deed of Settlement, and specifies that the Act binds the Crown; and
b: defines terms used in this Act, including key terms such as Te Roroa Te Roroa historical claims
c: provides that the settlement of the Te Roroa historical claims is final and deals with related issues, including—
i: the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body to consider the Te Roroa historical claims; and
ii: provision for consequential amendments to the Treaty of Waitangi Act 1975; and
iii: the effect of the settlement on certain resumptive memorials; and
iv: miscellaneous matters relating to the settlement, including the exclusion of the limit on the duration of a trust
3: Part 2 provides for cultural redress and includes provisions relating to the following matters:
a: the issue, amendment, and cancellation of protocols to the trustees of the Manawhenua Trust by the Minister of Conservation, the Minister of Fisheries, the Minister of Energy, and the Minister for Arts, Culture and Heritage:
b: the vesting in the trustees of the Manawhenua Trust of the fee simple estate in 15 cultural redress properties:
c: the declaration of Te Tarehu over part of the Waipoua Forest:
d: a statutory acknowledgement by the Crown of the statements made by Te Roroa of their particular cultural, spiritual, historical, and traditional association with 2 statutory areas:
e: the altering and assigning of place names.
4: Part 3 provides for commercial redress and includes provisions relating to—
a: the transfer of the Waipoua Forest and the other commercial redress properties (except Waikara Farm 4, 5, and 6) to the trustees of the Whatu Ora Trust in accordance with the Deed of Settlement; and
b: the transfer of Waikara Farm 4, 5, and 6 to either the trustees of the Whatu Ora Trust or the trustees of the Manawhenua Trust in accordance with the Deed of Settlement.
5: There are 3 schedules that—
a: describe the cultural redress properties:
b: describe the areas over which statutory acknowledgements are made:
c: specify the place names to be altered and assigned. Section 5(2)﻿(c)﻿(iv) amended 30 January 2021 section 161 Trusts Act 2019 Acknowledgements and apology
6: Acknowledgements and apology
Sections 7 and 8 record the acknowledgements and the apology offered by the Crown to Te Roroa in the Deed of Settlement.
7: Text of acknowledgements
1: The text of the acknowledgements made by the Crown as set out in the Deed of Settlement is as follows.
2: The Crown acknowledges that Te Roroa have sought redress on a wide range of issues since 1861 and that the Crown has failed to deal with the grievances of Te Roroa in an appropriate way. Recognition of these grievances is long overdue.
3: The Crown acknowledges that the process used to determine the amount of reparation for the plunder of a store, which led to the cession of land at Te Kopuru, as punishment for the plunder was prejudicial to Te Roroa. The Crown acknowledges that its actions caused the alienation of land in which Te Roroa had interests, that the Crown failed to consider those interests, and that this was a breach of the Treaty of Waitangi and its principles.
4: The Crown acknowledges that when it purchased a large amount of land from Te Roroa in 1876 the Crown failed to instigate and follow clear procedures to identify and exclude from sale all the lands Te Roroa indicated to surveyors they wished to retain. This failure to implement proper processes was a breach of the Treaty of Waitangi and its principles.
5: The Crown acknowledges that the awarding of land to individual Te Roroa rather than to iwi or hapu, made those lands susceptible to partition, fragmentation and alienation. The Crown acknowledges that the operation and impact of the native land laws and the Crown’s continued acquisition of the lands that Te Roroa had retained had a prejudicial effect on those Te Roroa who wished to retain their lands and was a breach of the Treaty of Waitangi and its principles.
6: The Crown acknowledges that the cumulative effect of the Crown’s actions and omissions has left Te Roroa virtually landless. The alienation of Te Roroa from their lands has also hindered their economic, social and cultural development. The Crown acknowledges that its failure to ensure that Te Roroa retained sufficient land for their present and future needs was a breach of the Treaty of Waitangi and its principles.
7: The Crown acknowledges that the separation of Te Roroa from their wahi tapu and taonga has been a source of great spiritual and emotional pain for Te Roroa. The Crown acknowledges that nga aureretanga o Te Roroa (the continuous crying of Te Roroa) is a result of this separation. The sense of grief and loss suffered by Te Roroa remains today.
8: Text of apology
The text of the apology offered by the Crown as set out in the Deed of Settlement is as follows: The Crown profoundly regrets its breaches of the Treaty of Waitangi and its principles as detailed above and seeks to atone for those breaches.
2: Interpretation
9: 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.
10: Interpretation
In this Act, unless the context otherwise requires,— 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 commencing with 25 December in any 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 days observed as the anniversaries of the provinces of Wellington and Northland Commissioner of Crown Lands section 2 consent authority section 2(1) Conservation Board section 2(1) conservation document conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown owned mineral section 2(1) section 10 11 cultural redress properties section 26 deed of recognition section 76(2) Deed of Settlement Deed
a: mean the Deed of Settlement dated 17 December 2005 and signed by—
i: the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Mark Burton, for the Crown; and
ii: Alex Nathan, Moengaroa Murray, and other members of Te Roroa for Te Roroa; and
b: include—
i: the schedules and attachments to the Deed; and
ii: the Deed in relation to the Deed of Settlement dated 30 January 2007 and signed by—
A: the Minister in charge of Treaty of Waitangi Negotiations, the Honourable Mark Burton, for the Crown; and
B: the trustees of the Manawhenua Trust for Te Roroa; and
iii: any amendments to the Deed or to the schedules or the attachments Director-General section 2(1) DOC protocol area effective date encumbrance Fisheries protocol area forestry right forestry right owner section 87 Heritage New Zealand Pouhere Taonga section 9 MED protocol area member of Te Roroa section 11(1)﻿(b) national park management plan section 2 New Zealand Conservation Authority section 2(1) New Zealand Geographic Board section 3 other commercial redress property section 87 Registrar-General section 4 relevant consent authority representative entity
a: the trustees of the Manawhenua Trust or the trustees of the Whatu Ora Trust (as the case may be):
b: a person appointed as an agent for Te Roroa under clause 3.5 of the Deed of Settlement:
c: a person (including a trustee) acting for, or on behalf of,—
i: the collective group referred to in section 11(1)﻿(a)
ii: any 1 or more members of Te Roroa:
iii: any 1 or more of the whanau, hapu, or groups referred to in section 11(1)﻿(c) resource consent section 2(1) responsible Minister subpart 1 of Part 2
a: the Minister for Arts, Culture and Heritage:
b: the Minister of Conservation:
c: the Minister of Energy:
d: the Minister of Fisheries:
e: any other Minister of the Crown who is authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 of Part 2 responsible Ministers Part 3 section 87 responsible Ministry subpart 1 of Part 2
a: the Ministry for Culture and Heritage:
b: the Department of Conservation:
c: the Ministry of Economic Development:
d: the Ministry of Fisheries:
e: any other department of State authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 of Part 2 RFR deed
a: signed by the Crown and by the trustees of the Manawhenua Trust; and
b: on the terms and conditions set out in Schedule 7 of the Deed of Settlement RFR property settlement date statements of association section 68 statutory acknowledgement section 68 subpart 4 of Part 2 statutory area Schedule 2 taonga tūturu
a: has the same meaning as in section 2(1)
b: includes ngā taonga tūturu (which has the meaning given to it in section 2(1) Te Roroa section 11(1) Te Roroa area of interest Te Roroa–DOC Protocol section 19
a: sets out how the Department of Conservation will interact with the trustees of the Manawhenua Trust in relation to the matters specified in the protocol; and
b: is in the form set out in Part 1 of Schedule 1 of the Deed of Settlement, or as the protocol is amended under section 19 Te Roroa–Fisheries Protocol section 19
a: sets out how the Ministry of Fisheries will interact with the trustees of the Manawhenua Trust in relation to matters specified in the protocol; and
b: is in the form set out in Part 1 of Schedule 1 of the Deed of Settlement, or as the protocol is amended under section 19 Te Roroa historical claims section 12 Te Roroa Manawhenua Trust Manawhenua Trust Te Roroa Manawhenua Trust Deed
a: means the deed of trust, establishing the Te Roroa Manawhenua Trust, dated 15 August 2006; and
b: includes—
i: the schedules to the deed of trust; and
ii: any amendments to the deed of trust or its schedules Te Roroa–MED Protocol section 19
a: sets out how the Ministry of Economic Development will consult with the trustees of the Manawhenua Trust in relation to the matters specified in the protocol; and
b: is in the form set out in Part 1 of Schedule 1 of the Deed of Settlement, or as the protocol is amended under section 19 Te Roroa–Taonga Tūturu Protocol section 19
a: sets out how the Minister for Arts, Culture and Heritage and the Chief Executive of the Ministry for Culture and Heritage will interact with the trustees of the Manawhenua Trust in relation to the matters specified in the protocol; and
b: is in the form set out in Part 1 of Schedule 1 of the Deed of Settlement, or as the protocol is amended under section 19 Te Roroa tupuna section 11(2) Te Roroa Whatu Ora Trust Whatu Ora Trust Te Roroa Whatu Ora Trust Deed
a: means the deed of trust, establishing the Te Roroa Whatu Ora Trust, dated 15 August 2006; and
b: includes—
i: the schedules to the deed of trust; and
ii: any amendments to the deed of trust or its schedules trustees of the Manawhenua Trust trustees of the Whatu Ora Trust Waipoua Commercial Forest Waipoua Commercial Forest land Waipoua Commercial Forest trees Waipoua Forest Waipoua Forest cultural redress properties section 87 Section 10 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 10 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 10 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 10 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
11: Meaning of Te Roroa
1: In this Act, Te Roroa
a: means the collective group composed of—
i: individuals descended from 1 or more Te Roroa tupuna; and
ii: individuals who are members of the groups referred to in paragraph (c)﻿(i); and
b: means every individual referred to in paragraph (a); and
c: includes the following groups:
i: Te Roroa, Ngati Kawa, Ngati Whiu, and Te Kuihi; and
ii: any whanau, hapu, or group of individuals composed of individuals referred to in paragraph (a).
2: In this section and section 12 Te Roroa tupuna
a: exercised customary rights by virtue of being descended from—
i: Manumanu I or Rangitauwawaro; or
ii: a recognised ancestor of any of the groups referred to in subsection (1)﻿(c)﻿(i); and
b: exercised the customary rights predominantly in relation to the Te Roroa area of interest at any time after 6 February 1840.
3: In subsection (2), customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources.
12: Meaning of Te Roroa historical claims
1: In this Act, Te Roroa historical claims
a: means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the settlement date) that Te Roroa (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—
i: is, or is founded on, a right arising—
A: from the Treaty of Waitangi or the principles of the Treaty of Waitangi; or
B: under legislation; or
C: at common law (including aboriginal title or customary law); or
D: from fiduciary duty; or
E: otherwise; and
ii: arises from, or relates to, acts or omissions before 21 September 1992—
A: by, or on behalf of, the Crown; or
B: by, or under, legislation; and
b: includes every claim to the Waitangi Tribunal to which paragraph (a) applies and that relates exclusively to Te Roroa (or a representative entity), including—
i: Wai 38—Te Roroa Claim (Turoro Raniera (Lovey) Te Rore Taoho (deceased), E D Nathan (deceased), Alex Nathan, Manos Nathan, Ropata Parore, Emily Paniora, and others); and
ii: Wai 632—Ngati Whiu and Ngati Kawa Claim (Garry Hooker, Alex Nathan, and others); and
c: includes every other claim to the Waitangi Tribunal to which paragraph (a) applies as far as it relates to Te Roroa (or a representative entity), including—
i: Wai 188—Opanaki, Kaihu, and Waimata Blocks Claim (Ropata Parore and others); and
ii: Wai 303—Te Runanga o Ngati Whatua Claim (Haahi Walker, Thompson Parore, and others); and
iii: Wai 313—Waimamaku Land Claim (R R Hodgkinson); and
iv: Wai 549—Nga Puhi Land and Resources Claim (Rudy Taylor and others); and
v: Wai 719—Kaipara Land and Resources (Pirika Ngai Whanau) Claim (Lionel Wilfred Brown and others); and
vi: Wai 985—Hokianga Regional Lands Claim (Simon Tuoro); but
d: does not include the following claims:
i: a claim that a member of Te Roroa, or a whanau, hapu, or group referred to in section 11(1)﻿(c)
ii: a claim that a representative entity may have to the extent that the claim is, or is based on, a claim referred to in subparagraph (i).
2: Subsection (1)﻿(a) is not limited by subsection (1)﻿(b) or (1)﻿(c).
3: Settlement of claims
Jurisdictions of courts, etc, removed
13: Settlement of Te Roroa historical claims final
1: The settlement of Te Roroa historical claims effected under the Deed of Settlement and this Act 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.
2: 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: any or all of the Te Roroa historical claims; or
b: the Deed of Settlement; or
c: the redress provided under the Deed of Settlement or under this Act; or
d: this Act.
3: Subsection (2) 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. Treaty of Waitangi Act 1975 amended
14: Schedule 3 of Treaty of Waitangi Act 1975 amended
Schedule 3 Te Roroa Claims Settlement Act 2008, section 13(2) and (3) 2008-09-30 Treaty of Waitangi Act 1975 Protections no longer apply
15: Certain enactments do not apply
1: Nothing in the enactments listed in subsection (2) applies—
a: to an RFR property; or
b: to land within an Original Maori Land Block referred to in Schedule 12 of the Deed of Settlement; or
c: in respect of Te Roroa 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 15(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
16: Removal of memorials
1: The chief executive of Land Information New Zealand must, as soon as is reasonably practicable after the settlement date, issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment—
a: that is—
i: part or all of an RFR property; or
ii: solely within an Original Maori Land Block referred to in Schedule 12 of the Deed of Settlement; and
b: contained in a certificate of title or computer register that has a memorial entered under any of the enactments referred to in section 15(2)
2: Each certificate must state that it is issued under this section.
3: 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, under an enactment referred to in section 15(2)
4: Miscellaneous matters
Perpetuities
17: 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 Manawhenua Trust may exist in law; or
ii: the trustees of the Manawhenua Trust, in their capacity as trustees, may hold or deal with property (including income derived from property); or
b: 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 the Manawhenua Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a) Section 17 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 17(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 17(2) amended 30 January 2021 section 161 Trusts Act 2019 Date on which actions or matters must occur
18: 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 take effect on a date other than the settlement date, that action or matter occurs or takes effect on and from that other date.
2: Cultural redress
1: Protocols
General provisions
19: Authority to issue, amend, or cancel protocols
1: Each responsible Minister may—
a: issue a protocol to the trustees of the Manawhenua Trust in the form set out in Part 1 of Schedule 1 of the Deed of Settlement; and
b: amend or cancel that protocol.
2: A protocol may be amended or cancelled under subsection (1) at the initiative of either—
a: the trustees of the Manawhenua Trust; or
b: the responsible Minister.
3: The responsible Minister may amend or cancel a protocol only after consulting with, and having particular regard to the views of, the trustees of the Manawhenua Trust.
20: Protocols subject to rights, functions, and obligations
Protocols do not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and government policy, including (without limitation) the ability to—
i: introduce legislation and change government policy; and
ii: interact or consult with a person the Crown considers appropriate, including (without limitation) any iwi, hapu, marae, whanau, or representative of tangata whenua; or
b: the responsibilities of a responsible Minister or a responsible Ministry; or
c: the legal rights of Te Roroa or a representative entity.
21: Enforceability of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails, without good cause, to comply with a protocol, the trustees of the Manawhenua Trust may, subject to the Crown Proceedings Act 1950, enforce the protocol.
3: Despite subsection (2), damages or any form of monetary compensation are not available as a remedy for failure by the Crown to comply with a protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and
b: subsection (3) does not affect the ability of a court to award costs incurred in enforcing the protocol under subsection (2). Te Roroa–DOC Protocol
22: Noting and effect of Te Roroa–DOC Protocol
1: A summary of the terms of the Te Roroa–DOC Protocol must be noted in the conservation documents affecting the DOC protocol area.
2: The noting of the Te Roroa–DOC Protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a conservation document for the purposes of section 17I section 46
3: The Te Roroa–DOC Protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under—
a: the Conservation Act 1987; or
b: the statutes listed in Schedule 1 Te Roroa–Fisheries Protocol
23: Noting and effect of Te Roroa–Fisheries Protocol
1: A summary of the terms of the Te Roroa–Fisheries Protocol must be noted in fisheries plans affecting the Fisheries protocol area.
2: The noting of the Te Roroa–Fisheries Protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of Part 3
3: The Te Roroa–Fisheries Protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights held, managed, or administered under—
a: the Fisheries Act 1996; or
b: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; or
c: the Maori Fisheries Act 2004; or
d: the Maori Commercial Aquaculture Claims Settlement Act 2004.
4: In this section, fisheries plan section 11A Te Roroa–MED Protocol
24: Noting and effect of Te Roroa–MED Protocol
1: A summary of the terms of the Te Roroa–MED Protocol must be noted—
a: in a register of protocols maintained by the chief executive of the Ministry of Economic Development; and
b: in the minerals programmes affecting the MED protocol area when those programmes are replaced.
2: The noting of the Te Roroa–MED Protocol is—
a: for the purpose of public notice only; and
b: not an amendment to the minerals programme for the purposes of the Crown Minerals Act 1991.
3: The Te Roroa–MED Protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, any Crown owned mineral.
4: In this section, minerals programme section 2(1) Te Roroa–Taonga Tūturu Protocol
25: Effect of Te Roroa–Taonga Tūturu Protocol
The Te Roroa–Taonga Tūturu Protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to ngā taonga tūturu.
2: Cultural redress properties
26: Interpretation
In this subpart,— cultural redress properties Schedule 1
a: Kaiparaheka:
b: Wairau:
c: Kawerua:
d: Haohaonui:
e: Waingata:
f: Te Riu:
g: Muriwai:
h: Papatia and Te Kopae:
i: Te Taiawa:
j: Puketurehu:
k: Maunganui Bluff:
l: Manuwhetai:
m: Puketapu/Whangaiariki:
n: Ureti:
o: former Works Depot, Waimamaku. Cultural redress properties
27: Kaiparaheka
1: The reservation of Kaiparaheka as a scenic reserve named Wai-o-te-Marama subject to section 19
2: The fee simple estate in Kaiparaheka vests in the trustees of the Manawhenua Trust.
28: Wairau
1: That part of Wairau that is a conservation park under section 61(2)
2: That part of Wairau that is a conservation area under section 62(1)
3: The fee simple estate in Wairau vests in the trustees of the Manawhenua Trust.
29: Kawerua
1: The road shown as section 2 on SO 374599 (containing 3.0550 hectares, more or less) is stopped.
2: The road referred to in subsection (1)—
a: is vested in the Crown as a conservation area under the Conservation Act 1987; and
b: forms part of Kawerua.
3: To avoid doubt, section 345(3)
4: Kawerua ceases to be a conservation area under the Conservation Act 1987.
5: The fee simple estate in Kawerua vests in the trustees of the Manawhenua Trust.
6: Subsections (1) to (5) are subject to the trustees of the Manawhenua Trust providing the Crown by or on the settlement date with—
a: a registrable covenant (the Kawerua Covenant
i: for the preservation of the reserve values of the site; and
ii: as set out in Part 2 of Schedule 2 of the Deed of Settlement; and
b: registrable right of way easements in gross on the terms and conditions set out in Part 2 of Schedule 9 of the Deed of Settlement over that part of Kawerua as shown marked A
i: the Minister of Conservation:
ii: the Minister of Fisheries; and
c: a registrable easement in gross to the Minister of Conservation on the terms and conditions set out in Part 4 of Schedule 9 of the Deed of Settlement providing a 3 m wide foot access right of way as shown marked B
7: The Kawerua Covenant is to be treated as a conservation covenant for the purposes of section 77
30: Right of access across Kawerua to landlocked land
1: The Kawerua owner and any person having the benefit of an encumbrance in relation to Kawerua must permit the permitted persons to have access across Kawerua ( right of access
2: The permitted persons may exercise the right of access by vehicle or by foot over a reasonably convenient route specified by the Kawerua owner.
3: Subsections (1) and (2) do not limit any legal rights that the permitted persons may have in relation to access to the landlocked land.
4: In this section and in section 45 Kawerua owner landlocked land permitted persons
a: the owners of the landlocked land or any part of it; and
b: any person authorised by an owner of landlocked land to have access to that landlocked land for any lawful purpose consistent with its status.
31: Haohaonui
1: The dedication by Gazette
2: Haohaonui ceases to be a conservation area under section 62(1)
3: The fee simple estate in Haohaonui vests in the trustees of the Manawhenua Trust.
32: Waingata
1: Waingata ceases to be a conservation area under section 62(1)
2: The fee simple estate in Waingata vests in the trustees of the Manawhenua Trust.
3: Subsections (1) and (2) are subject to the trustees of the Manawhenua Trust providing the Crown by or on the settlement date with a registrable covenant (the Waingata Covenant
a: for the preservation of the reserve values of the site; and
b: as set out in Part 2 of Schedule 2 of the Deed of Settlement.
4: The Waingata Covenant is to be treated as a conservation covenant for the purposes of section 77
33: Te Riu
1: Te Riu ceases to be a conservation area under section 62(1)
2: The fee simple estate in Te Riu vests in the trustees of the Manawhenua Trust.
3: Subsections (1) and (2) are subject to the trustees of the Manawhenua Trust providing the Crown by or on the settlement date with a registrable covenant (the Te Riu Covenant
a: for the preservation of the reserve values of the site; and
b: as set out in Part 2 of Schedule 2 of the Deed of Settlement.
4: The Te Riu Covenant is to be treated as a conservation covenant for the purposes of section 77
34: Muriwai
1: Muriwai ceases to be a conservation area under section 62(1)
2: The fee simple estate in Muriwai vests in the trustees of the Manawhenua Trust.
3: Subsections (1) and (2) are subject to the trustees of the Manawhenua Trust providing the Crown by or on the settlement date with a registrable covenant (the Muriwai Covenant
a: for the preservation of the reserve values of the site; and
b: as set out in Part 2 of Schedule 2 of the Deed of Settlement.
4: The Muriwai Covenant is to be treated as a conservation covenant for the purposes of section 77
35: Papatia and Te Kopae
1: Papatia and Te Kopae cease to be conservation areas under section 62(1)
2: The fee simple estate in Papatia and Te Kopae vests in the trustees of the Manawhenua Trust.
3: Subsections (1) and (2) are subject to the trustees of the Manawhenua Trust providing the Crown by or on the settlement date with registrable right of way easements in gross on the terms and conditions set out in Part 2 of Schedule 9 of the Deed of Settlement over those parts of Papatia and Te Kopae as shown marked C
a: the Minister of Conservation:
b: the Minister of Fisheries:
c: the Minister of Forestry.
36: Te Taiawa
1: That part of Te Taiawa that is a conservation park under section 61(2)
2: That part of Te Taiawa that is a sanctuary area under section 61(1
3: That part of Te Taiawa that is a conservation area under section 62(1)
4: The fee simple estate in Te Taiawa vests in the trustees of the Manawhenua Trust.
5: Subsections (1) to (4) are subject to the trustees of the Manawhenua Trust providing the Crown by or on the settlement date with a registrable covenant (the Te Taiawa Covenant
a: for the preservation of the reserve values of the site; and
b: as set out in Part 2 of Schedule 2 of the Deed of Settlement.
6: The Te Taiawa Covenant is to be treated as a conservation covenant for the purposes of section 77
37: Puketurehu
1: That part of Puketurehu that is a conservation park under section 61(2)
2: That part of Puketurehu that is a sanctuary area under section 61(1)
3: That part of Puketurehu that is a conservation area under section 62(1)
4: The fee simple estate in Puketurehu vests in the trustees of the Manawhenua Trust.
5: Subsections (1) to (4) are subject to the trustees of the Manawhenua Trust providing the Crown by or on the settlement date with—
a: a registrable covenant (the Puketurehu Covenant
i: for conservation purposes; and
ii: for the preservation of the reserve values of the site; and
iii: for the provision, subject to the covenant, of freedom of access to the public for the appreciation and recreational enjoyment of the land; and
iv: as set out in Part 2 of Schedule 2 of the Deed of Settlement; and
b: registrable right of way easements in gross on the terms and conditions set out in Part 2 of Schedule 9 of the Deed of Settlement over those parts of Puketurehu as shown marked D
i: the Minister of Conservation:
ii: the Minister of Fisheries.
6: The Puketurehu Covenant is to be treated as a conservation covenant for the purposes of—
a: section 77
b: section 27
38: Maunganui Bluff
1: The road shown as Section 18 on SO 380062 (containing 1.0055 hectares, more or less) is stopped.
2: The road referred to in subsection (1)—
a: is vested in the Crown as a scenic reserve subject to section 19
b: forms part of Maunganui Bluff.
3: To avoid doubt, section 345(3)
4: The reservation of Maunganui Bluff as a scenic reserve subject to section 19
5: The fee simple estate in Maunganui Bluff vests in the trustees of the Manawhenua Trust.
6: Subsections (1) to (5) are subject to the trustees of the Manawhenua Trust—
a: providing the Crown by or on the settlement date with a registrable covenant (the Maunganui Bluff Covenant
i: for conservation purposes; and
ii: for the preservation of the reserve values of the site; and
iii: for the provision, subject to the covenant, of freedom of access to the public for the appreciation and recreational enjoyment of the land; and
iv: as set out in Part 2 of Schedule 2 of the Deed of Settlement; and
b: providing a walkway easement under section 8(6)
7: The Maunganui Bluff Covenant is to be treated as a conservation covenant for the purposes of—
a: section 77
b: section 27
39: Manuwhetai
The fee simple estate in Manuwhetai vests in the trustees of the Manawhenua Trust.
40: Puketapu/Whangaiariki
The fee simple estate in Puketapu/Whangaiariki vests in the trustees of the Manawhenua Trust.
41: Ureti
1: Ureti ceases to be a conservation area under section 62(1)
2: The fee simple estate in Ureti vests in the trustees of the Manawhenua Trust.
3: Subsections (1) and (2) are subject to the trustees of the Manawhenua Trust providing the Crown by or on the settlement date with a registrable covenant (the Ureti Covenant
a: for conservation purposes; and
b: for the provision, subject to the covenant, of freedom of access to the public for the appreciation and recreational enjoyment of the land; and
c: as set out in Part 2 of Schedule 2 of the Deed of Settlement.
4: The Ureti Covenant is to be treated as a conservation covenant for the purposes of section 27
42: Former Works Depot, Waimamaku
The fee simple estate in the Former Works Depot, Waimamaku vests in the trustees of the Manawhenua Trust. General provisions relating to cultural redress properties
43: Vesting subject to encumbrances
The vesting of each cultural redress property is subject to the encumbrances (if any) listed in the third column of Schedule 1
44: Registration of ownership
1: This section applies to the fee simple estate in a cultural redress property that vests in the trustees of the Manawhenua Trust under this Act.
2: The Registrar-General must, on written application by a person specified in subsection (3), comply with subsections (4) and (5).
3: The persons are—
a: in the case of Manuwhetai, Puketapu/Whangaiariki, and the Former Works Depot, Waimamaku, a person authorised by the chief executive of the Ministry of Justice:
b: in all other cases, a person authorised by the Director-General.
4: To the extent that a cultural redress property comprises all the land in a certificate of title or computer freehold register, the Registrar-General must—
a: register the trustees of the Manawhenua Trust as the proprietors of the fee simple estate in the land; and
b: make those entries in the register; and
c: do all other things necessary to give effect to—
i: this subpart; and
ii: Part 9 of the Deed of Settlement (Cultural Redress Properties); and
iii: Part 12 of the Deed of Settlement (Settlement Legislation for Cultural and Commercial Redress Properties).
5: To the extent that a cultural redress property does not comprise all the land in a certificate of title or computer freehold register, or there is no certificate of title or computer freehold register for all or part of the property, the Registrar-General must, in accordance with an application referred to in subsection (2), create 1 or more computer freehold registers in the names of the trustees of the Manawhenua Trust subject to, and together with, any encumbrances that are registered, notified, or notifiable, and that are described in the application.
6: Subsection (5) is subject to the completion of any survey necessary to create a computer freehold register.
7: The 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 cultural redress property vests in the trustees of the Manawhenua Trust; or
b: any later date that may be agreed in writing by the trustees of the Manawhenua Trust and the Crown.
45: Right of access over Kawerua must be noted on title
The Registrar-General must note a memorial on the computer freehold register for Kawerua that it is subject to section 30
46: Minister of Conservation may grant easements
1: The Minister of Conservation may grant all easements required by the Deed of Settlement in relation to cultural redress properties over lands held under the Conservation Act 1987 for conservation purposes.
2: An easement granted under subsection (1)—
a: is registrable under section 17ZA(2)
b: is enforceable in accordance with its terms despite Part 3B
47: Application of other enactments to cultural redress properties
1: Sections 24 25
2: Section 11 Part 10
a: the vesting in the trustees of the Manawhenua Trust of the fee simple estate in a cultural redress property under this subpart; or
b: a matter incidental to, or required for the purpose of, the vesting of the fee simple estate in a cultural redress property under this subpart.
3: 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.
4: The permission of a council under section 348
5: The vesting in the trustees of the Manawhenua Trust of the fee simple estate in a cultural redress property under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
48: Application of certain amounts
1: The Minister of Conservation may direct that any intra-Crown payment for a site listed in subsection (2) be paid and applied in the manner specified in section 82(1)﻿(a)
2: The sites are—
a: Kaiparaheka:
b: Maunganui Bluff.
3: A direction made under subsection (1) is to be treated as if it were a direction under section 82(1)﻿(a)
3: Te Tarehu
49: Interpretation
In this subpart,— protection principles section 53(3) Te Roroa values Te Tarehu section 50
50: Declaration of Te Tarehu
That part of the Waipoua Forest shown marked A
51: Crown’s acknowledgement of Te Roroa values
The Crown acknowledges the statement by Te Roroa of Te Roroa values in relation to Te Tarehu.
52: Purposes of Te Tarehu
1: The only purposes of the declaration as Te Tarehu under section 50 section 51
a: require the New Zealand Conservation Authority and relevant Conservation Boards to have particular regard to Te Roroa values and the protection principles as provided in sections 54 55
b: require the New Zealand Conservation Authority to give the trustees of the Manawhenua Trust an opportunity to make submissions as provided for in section 56
c: enable the taking of action under sections 57 to 61
2: This section does not limit sections 53 to 66
53: Agreement on protection principles
1: The trustees of the Manawhenua Trust and the Crown may agree on, and publicise, protection principles that are directed at the Minister of Conservation and aim to—
a: avoid harm to Te Roroa values in relation to Te Tarehu; or
b: avoid the diminution of Te Roroa values in relation to Te Tarehu.
2: The protection principles set out in paragraph 4 of Part 2 of Schedule 1 of the Deed of Settlement are to be treated as having been agreed by the trustees of the Manawhenua Trust and the Crown under subsection (1).
3: The trustees of the Manawhenua Trust and the Crown may agree in writing any amendments to the protection principles.
54: New Zealand Conservation Authority and Conservation Boards to have particular regard to Te Roroa values
When the New Zealand Conservation Authority or a Conservation Board approves or otherwise considers any conservation documents (including draft documents), or a proposal or recommendation for a change of status in relation to Te Tarehu, it must have particular regard to—
a: Te Roroa values in relation to Te Tarehu; and
b: the protection principles.
55: New Zealand Conservation Authority and Conservation Boards to consult with trustees of Manawhenua Trust
Before approving a conservation document or making a proposal or recommendation for a change of status in relation to Te Tarehu, the New Zealand Conservation Authority or a Conservation Board must consult with the trustees of the Manawhenua Trust and have particular regard to their views as to the effect of the conservation document or proposal or recommendation for a change of status on—
a: Te Roroa values in relation to Te Tarehu; and
b: the protection principles.
56: Conservation management strategy
If the trustees of the Manawhenua Trust advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to Te Tarehu, the New Zealand Conservation Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.
57: Notification of Te Tarehu
1: The declaration of Te Tarehu must be noted in all conservation documents affecting the site.
2: The noting of Te Tarehu under subsection (1) is—
a: for the purpose of public notice only; and
b: not an amendment to a conservation document for the purposes of section 17I section 46
58: Notification in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the declaration of the site as Te Tarehu; and
b: the protection principles and any agreed changes to those principles.
2: The Director-General may, at his or her discretion, notify in the Gazette sections 59 to 61
3: The Director-General must notify in the Gazette section 62
59: Actions by Director-General
1: The Director-General must take action in relation to the protection principles, including the actions set out in paragraph 5 of Part 2 of Schedule 1 of the Deed of Settlement.
2: The Director-General retains complete discretion to determine the method and extent of the action to be taken under subsection (1).
3: The Director-General must notify the trustees of the Manawhenua Trust of what action the Director-General intends to take under subsection (1).
4: If requested in writing by the trustees of the Manawhenua Trust, the Director-General must not take action in respect of the protection principles to which the request relates.
60: Amendment to conservation documents
1: The Director-General may initiate an amendment of a conservation document to incorporate objectives relating to protection principles (including a recommendation to make regulations or bylaws).
2: The Director-General must consult with affected Conservation Boards before initiating an amendment under subsection (1).
3: An amendment initiated under subsection (1) is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
4: This section does not limit section 58(2)
61: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for all or any of the following purposes:
a: to provide for the implementation of objectives included in conservation documents under section 60(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to Te Tarehu:
c: to create offences in respect of the contravention of any regulations made under paragraph (b), and provide for the imposition of fines—
i: not exceeding $5,000 for those offences; and
ii: for a continuing offence, an amount not exceeding $50 for every day during which the offence continues.
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
62: Bylaws
1: The Minister of Conservation may make bylaws for all or any the following purposes:
a: to provide for the implementation of objectives included in conservation documents under section 60(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to Te Tarehu:
c: to create offences in respect of the contravention of any bylaws made under paragraph (b), and provide for the imposition of fines—
i: not exceeding $1,000 for those offences; and
ii: for a continuing offence, an amount not exceeding $50 for every day during which the offence continues.
2: Bylaws 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 The maker is not required to publish it. However, the Director-General must comply with section 58(3) LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 62(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
63: Existing classification of Te Tarehu
The purpose or classification of an area as a national park, conservation area, or reserve is not affected by the fact that the area is, or is in, Te Tarehu.
64: Termination of status
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of Te Tarehu is no longer Te Tarehu.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
a: the trustees of the Manawhenua Trust and the Minister of Conservation have agreed in writing that the status as Te Tarehu is no longer appropriate for the area concerned; or
b: the area concerned is disposed of by the Crown; or
c: the responsibility for managing the area concerned is transferred to another Minister of the Crown or department.
3: Subsection (4) applies if—
a: either of subsection (2)﻿(b) or (c) applies; or
b: there is a change in the statutory management regime that applies to all or part of Te Tarehu.
4: The Crown must take reasonable steps to ensure that the trustees of the Manawhenua Trust continue to have input into the management of Te Tarehu, or that part of it affected by the disposal of, or change in, management responsibility or a change in the statutory management regime, through negotiation with the trustees of the Manawhenua Trust by—
a: the Minister of the Crown responsible for the new management or the new management regime; or
b: the Commissioner of Crown Lands; or
c: any other responsible officer.
5: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 64(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
65: Exercise of powers, duties, and functions
1: Nothing in section 50 51
2: No person, in considering a matter or making a decision or recommendation under any statute, regulation, or bylaw, may give greater or lesser weight to Te Roroa values than that person would give under the relevant statute, regulation, or bylaw if the area were not Te Tarehu and Te Roroa values had not been acknowledged in relation to the area.
3: Subsection (2) does not limit the operation of subsection (1).
4: This section applies subject to the other provisions of this subpart.
66: Rights not affected
1: Sections 50 51
2: This section applies subject to the other provisions of this subpart.
67: Limitation of rights
1: Sections 50 51
2: This section applies subject to the other provisions of this subpart.
4: Statutory acknowledgements
Statutory acknowledgements
68: Statutory acknowledgements by the Crown
1: The Crown acknowledges the statements of association.
2: In this subpart, statements of association
a: made by Te Roroa, of the particular cultural, spiritual, historical, and traditional association of Te Roroa with each statutory area; and
b: that are in the form set out in Part 3 of Schedule 1 of the Deed of Settlement.
69: Purposes of statutory acknowledgements
1: The only purposes of the statutory acknowledgements are—
a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 70 to 72
b: to require relevant consent authorities to forward summaries of resource consent applications to the trustees of the Manawhenua Trust, as provided for in section 74
c: to enable the trustees of the Manawhenua Trust and a member of Te Roroa to cite the statutory acknowledgements as evidence of the association of Te Roroa with the relevant statutory areas, as provided for in section 75
2: This section does not limit the operation of sections 76 to 79 Section 69(1)﻿(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
70: Relevant consent authorities to have regard to statutory acknowledgements
1: On and from the effective date, a relevant consent authority must have regard to a statutory acknowledgement relating to a statutory area in forming an opinion, in accordance with sections 93 to 94C
2: Subsection (1) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.
71: Environment Court to have regard to statutory acknowledgements
1: On and from the effective date, the Environment Court must have regard to a statutory acknowledgement relating to a statutory area in determining under section 274
2: Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991.
72: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
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 72 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
73: Recording statutory acknowledgements on statutory plans
1: On and from the effective date, a relevant consent authority must attach information recording a statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area.
2: The attachment of information under subsection (1) to a statutory plan—
a: must include the relevant provisions of this subpart in full, the description of the statutory area, and the statement of association that relates to the statutory area; and
b: is for the purpose of public information only, and the information is not—
i: part of the statutory plan (unless adopted by the relevant consent authority); or
ii: subject to the provisions of Schedule 1
3: In this section, 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
74: Distribution of resource consent applications to trustees of Manawhenua Trust
1: A relevant consent authority must, for a period of 20 years from the effective date, forward to the trustees of the Manawhenua Trust a summary of resource consent applications received by that consent authority for activities within, adjacent to, or impacting directly on a statutory area.
2: The information provided under subsection (1) must be—
a: the same as would be given under section 93
b: provided as soon as is reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C
3: The trustees of the Manawhenua Trust may, by notice in writing to a relevant consent authority,—
a: waive their rights to be notified under this section; and
b: state the scope of that waiver and the period it applies for.
4: For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to the application.
5: This section does not affect the obligation of a relevant consent authority to—
a: notify an application in accordance with sections 93 and 94C
b: form an opinion as to whether the trustees of the Manawhenua Trust are persons that are likely to be adversely affected under those sections.
75: Use of statutory acknowledgements
1: The trustees of the Manawhenua Trust and a member of Te Roroa may, as evidence of the association of Te Roroa with a statutory area, cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
2: The content of the statement of association is not, by virtue of the statutory acknowledgement, binding as deemed fact on—
a: a relevant consent authority:
b: the Environment Court:
c: Heritage New Zealand Pouhere Taonga:
d: parties to proceedings before those bodies:
e: any other person able to participate in those proceedings.
3: Despite subsection (2), the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
4: Neither the trustees of the Manawhenua Trust nor a member of Te Roroa are precluded from stating that Te Roroa has an association with a statutory area that is not described in the statutory acknowledgements.
5: The content and existence of the statutory acknowledgements does not limit a statement made under subsection (4). Section 75(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 75(2)﻿(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Deeds of recognition
76: Authorisation to enter into and amend deeds of recognition
1: The Minister of Conservation may—
a: enter into deeds of recognition with the trustees of the Manawhenua Trust in respect of the land within the statutory areas:
b: amend a deed of recognition by entering into a deed with the trustees of the Manawhenua Trust to amend that deed of recognition.
2: In this section, deed of recognition
a: entered into in accordance with clauses 8.19.1 and 8.19.2 of the Deed of Settlement; and
b: in the form set out in Part 4 of Schedule 1 of the Deed of Settlement. General provisions
77: Crown not precluded from granting other statutory acknowledgements or deeds of recognition
Neither the provision of a statutory acknowledgement nor the entry into a deed of recognition precludes the Crown from providing a statutory acknowledgement to, or entering into a deed of recognition with, persons other than Te Roroa or the trustees of the Manawhenua Trust with respect to the same area.
78: Exercise of powers and performance of duties and functions not affected
1: Except as expressly provided in this subpart,—
a: neither a statutory acknowledgement nor a deed of recognition affects, or may be taken into account by, a person exercising a power or performing a function or duty under a statute, regulation, or bylaw:
b: no person, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw, may give greater or lesser weight to the association of Te Roroa with a statutory area (as described in the relevant statutory acknowledgement) than that person would give under the relevant statute, regulation, or bylaw if no statutory acknowledgement or deed of recognition existed in respect of the statutory area.
2: Subsection (1)﻿(b) does not affect the operation of subsection (1)﻿(a).
79: Rights not affected
Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition affects the lawful rights or interests of a person who is not a party to the Deed of Settlement.
80: Limitation of rights
Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition has the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area. Amendment to Resource Management Act 1991
81: Amendment to Resource Management Act 1991
Schedule 11 Te Roroa Claims Settlement Act 2008. 2008-09-30 Resource Management Act 1991
5: Place names
82: Alteration and assignment of place names
1: Each of the existing place names in the first column of the first table in Schedule 3
2: Each of the new place names in the first column of the second table in Schedule 3
3: The changes made under subsections (1) and (2) are to be treated as made—
a: with the approval of the New Zealand Geographic Board; and
b: in accordance with any enactment that applies to altering or assigning place names.
4: This section applies subject to sections 83 to 85
83: Publication of new place names notice
1: The New Zealand Geographic Board must, as soon as practicable after the settlement date, publish a notice in the Gazette
a: specifying each new place name and its location (and the existing place name being altered); and
b: stating that the new place names take effect on the date of the Gazette
c: stating that the New Zealand Geographic Board may alter the new place names or their locations in accordance with section 84
2: The New Zealand Geographic Board must, as soon as practicable after the publication of the notice under subsection (1), ensure that a copy of the notice is published in accordance with any enactment that applies to altering or assigning place names.
3: A copy of the Gazette Gazette
84: Alteration of new place names
1: Despite the provisions of any enactment that applies to altering or assigning place names, the New Zealand Geographic Board may, with the consent of the trustees of the Manawhenua Trust, alter any new place name or its location.
2: Section 83
85: Date place name altered or assigned
Place names altered or assigned under section 82 84 Gazette section 83(1)
6: Access to Deed of Settlement
86: 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 on any business day; and
b: free of charge, on an Internet site maintained by, or on behalf of, the Ministry of Justice.
3: Commercial redress
87: Interpretation
In this Part,— Aranga Beach Farm Aranga Beach Farm coastal selection Aranga Beach Farm Pt Lot 15 DP 1457 Aranga Beach properties Coastal strip: north of Omamari Coastal strip: south of Omamari Crown forest land section 2(1) Crown forestry assets section 2(1) deferred selection property
a: means a property described in Part 1 of Schedule 8 of the Deed of Settlement; and
b: includes Aranga Beach Farm Pt Lot 15 DP 1457 if that property is a de-selected property de-selected property forestry right forestry right owner marginal strip section 2(1) other commercial redress property
a: a property described in Part 1 of Schedule 6 of the Deed of Settlement, unless that property is a de-selected property; and
b: a deferred selection property (including Aranga Beach Farm Pt Lot 15 DP 1457 if it is a de-selected property) if the trustees of the Manawhenua Trust and the Crown are deemed to have entered into an agreement for the sale and purchase of that property under clause 11.15.1 of the Deed of Settlement responsible Ministers section 2(1) Shag Lake Bed Waikara Farm 4, 5, and 6 Waipoua Commercial Forest Waipoua Commercial Forest land
a: means the land described in Part 1 of Schedule 5 of the Deed of Settlement and is the area shown in yellow on SO 354588; but
b: does not include the Waipoua Commercial Forest trees Waipoua Commercial Forest trees Waipoua Forest
a: the Waipoua Commercial Forest; and
b: the Waipoua Forest cultural redress properties Waipoua Forest cultural redress properties
a: Waiotane:
b: Huaki:
c: River Road:
d: Tekateka:
e: Pukenuiorongo:
f: Oneroa:
g: Northern Contiguous Area:
h: Southern Contiguous Area:
i: Whangamoa Waipoua Forest: Former Department of Conservation Headquarters
1: Transfer of Waipoua Forest
88: Transfer of Waipoua Forest
Despite anything in the Crown Forest Assets Act 1989 and to give effect to clause 12.2.1 of the Deed of Settlement in relation to the Waipoua Forest, the Crown (acting through the responsible Ministers) is authorised to do 1 or more of the following:
a: transfer the fee simple estate in the Waipoua Forest to the trustees of the Whatu Ora Trust:
b: sign a transfer instrument or other document, or do any other thing, to effect the transfer.
89: Creation of computer freehold register: Waipoua Forest
1: The Registrar-General must, on written application by a person authorised by the Director-General of the Ministry of Agriculture and Forestry, create a computer freehold register in the name of the Crown for Waipoua Forest subject to, and together with, any encumbrances that are registered, notified, or notifiable, and that are described in the application.
2: Subsection (1) is subject to the completion of any survey necessary to create the computer freehold register.
3: The computer freehold register created in accordance with this section must be created in the name of the Crown without any statement of purpose.
90: Waipoua Forest ceases to be Crown forest land
The Waipoua Forest ceases to be Crown forest land and Crown forestry assets immediately on the registration of the transfer of the fee simple estate in the land to the trustees of the Whatu Ora Trust.
91: Forestry rights after transfer
After the Waipoua Forest is transferred to the trustees of the Whatu Ora Trust under section 88(a)
a: the forestry right owner is to be treated as if it had been appointed by the Minister of Conservation under section 24H(1) adjoining marginal strip
b: in addition to the forestry right owner’s powers under section 24H
92: Crown may grant easements and forestry right over Waipoua Forest
Despite the Crown Forest Assets Act 1989, the responsible Ministers may, by or on the settlement date, sign and grant—
a: easements over any part or parts of the Waipoua Forest on the terms and conditions set out in Part 2 of Schedule 9 of the Deed of Settlement; and
b: the forestry right in accordance with the Forestry Rights Registration Act 1983.
93: Conservation covenants
The conservation covenants provided by the trustees of the Whatu Ora Trust to the Crown under clause 9.3.2 of the Deed of Settlement are to be treated as conservation covenants for the purposes of section 77
94: Right of access across Waipoua Forest to landlocked land
1: The forest owner and any person having the benefit of an encumbrance in relation to the Waipoua Forest must permit a permitted person to have access across the Waipoua Forest ( right of access
2: The right of access conferred by subsection (1) must be exercised—
a: by vehicle or by foot over a road or, if that is not reasonably practicable, over an alternative route specified by the forest owner; and
b: in accordance with any reasonable conditions specified by the forest owner.
3: The forest owner must not specify an alternative route under subsection (2)﻿(a) without the consent of the forestry right owner. The consent of the forestry right owner must not be unreasonably withheld.
4: The forest owner or the forestry right owner may prevent a permitted person as defined in paragraph (b) of the definition of that term in subsection (6) from exercising the right of access for a period of up to 3 months if the forest owner or the forestry right owner—
a: considers on reasonable grounds that the person, in exercising the right of access, may present a risk to the forest or forestry operations in Waipoua Forest; and
b: gives notice in writing to the person specifying the period for which access is not permitted; and
c: informs the forest owner or the forestry right owner (as appropriate) of the notice.
5: This section does not limit any legal rights that a permitted person may have in relation to access to the landlocked land.
6: In this section,— forest owner landlocked land
a: Waipoua 2B1 (Maori Reservation—burial ground):
b: Waipoua 2B2B1B (including Matatina Marae Reservation):
c: Waipoua 2B3A1C:
d: Waipoua 2B3A1A:
e: Waipoua 2B3D2A1:
f: Waipoua 2B3D2A1 Part:
g: Waipoua 2B3D2A2B2A:
h: Waipoua 2B3D2A2B2B:
i: Waipoua 2C:
j: Waipoua 2B2B2:
k: Waipoua 2B3C3:
l: Waipoua 2B3D2A2B1:
m: Waipoua 2B3A:
n: Waipoua 2B3D2:
o: Waipoua 2B3D2A2 permitted person
a: the owner of any landlocked land; and
b: a person authorised by the owner of any landlocked land to have access to the landlocked land for a lawful purpose consistent with its status.
95: Notation of right of access on computer freehold register
1: A transfer instrument or document referred to in section 88 section 94
2: The Registrar-General must, on receipt of the application, enter a notification relating to the right of access on the computer freehold register.
96: Notation of right of access may be removed
1: The Registrar of the Maori Land Court may apply in writing to the Registrar-General to have the notification entered under section 95
2: On receipt of an application under subsection (1),—
a: the Registrar-General must remove the notification entered on the computer freehold register relating to the right of access; and
b: the right of access conferred by section 94
2: Transfer of other commercial redress properties
97: Transfer of other commercial redress properties
To give effect to clause 12.2.1 of the Deed of Settlement in relation to the other commercial redress properties, the Crown (acting through the Commissioner of Crown Lands) is authorised to do 1 or more of the following:
a: transfer—
i: the fee simple estate in an other commercial redress property (except Waikara Farm 4, 5, and 6) to the trustees of the Whatu Ora Trust:
ii: the fee simple estate in Waikara Farm 4, 5, and 6 to either—
A: the trustees of the Whatu Ora Trust; or
B: the trustees of the Manawhenua Trust; and
b: sign a transfer instrument or other document, or do any other thing, to effect the transfer.
98: Creation of computer freehold register: other commercial redress properties (except Aranga Beach properties)
1: This section—
a: applies to the extent that an other commercial redress property is not all of the land contained in a certificate of title or computer freehold register, or there is no certificate of title or computer freehold register for all or part of the property; but
b: does not apply to the Aranga Beach properties.
2: The Registrar-General must, on written application by a person authorised by the chief executive of the land holding agency, create a computer freehold register in the name of the Crown for all or part of the property subject to, and together with, any encumbrances that are registered, notified, or notifiable, and that are described in the application.
3: Subsection (2) is subject to the completion of any survey necessary to create the computer freehold register.
4: The computer freehold register created in accordance with this section must be created in the name of the Crown without any statement of purpose.
5: In this section, land holding agency
99: Creation of computer freehold register: Aranga Beach properties
1: The Registrar-General must, on written application by a person authorised by the chief executive of the Ministry of Justice, create a computer freehold register in the name of the Crown subject to, and together with, any encumbrances that are registered, notified, or notifiable, and that are described in the application, for Aranga Beach Farm coastal selection, together with either or both of the following if acquired under the Deed of Settlement:
a: Aranga Beach Farm Pt Lot 15 DP 1457:
b: Aranga Beach Farm.
2: Subsection (1) is subject to the completion of any survey necessary to create the computer freehold register.
3: The computer freehold register created in accordance with this section must be created in the name of the Crown without any statement of purpose.
100: Transfer of Shag Lake Bed
1: Part 4A section 97
2: To the extent that Shag Lake Bed has a moveable natural boundary, the boundary will be governed by any applicable common law rule of accretion, erosion, or avulsion that would apply to a moveable natural boundary.
101: Transfer of Coastal strip: north of Omamari
1: This section applies if the Coastal strip: north of Omamari is transferred under section 97
2: The marginal strip reserved by section 24
2A: Subsection (2) applies only to the extent that the marginal strip lies immediately adjacent to the coastline of the Coastal strip: north of Omamari.
3: The conservation covenant provided by the trustees of the Whatu Ora Trust to the Crown under clause 11.7.3 of the Deed of Settlement is to be treated as a conservation covenant for the purposes of section 77 Section 101(2A) inserted 12 December 2012 section 4 Te Roroa Claims Settlement Amendment Act 2012
102: Transfer of Coastal strip: south of Omamari
1: This section applies if the Coastal strip: south of Omamari is transferred under section 97
2: The marginal strip reserved by section 24
2A: Subsection (2) applies only to the extent that the marginal strip lies immediately adjacent to the coastline of the Coastal strip: south of Omamari.
3: The conservation covenant provided by the trustees of the Whatu Ora Trust to the Crown under clause 11.7.4 of the Deed of Settlement is to be treated as a conservation covenant for the purposes of section 77 Section 102(2A) inserted 12 December 2012 section 5 Te Roroa Claims Settlement Amendment Act 2012
103: Transfer of Waipoua Forest: Former Department of Conservation Headquarters
That part of the Waipoua Forest: Former Department of Conservation Headquarters that is—
a: a conservation park under section 61(2)
b: a sanctuary area under section 61(1)
c: a conservation area under section 62(1)
3: General provisions
104: Minister of Conservation may grant easements
1: The Minister of Conservation may grant all easements required by the Deed of Settlement in relation to lands held under the Conservation Act 1987 for conservation purposes.
2: An easement granted under subsection (1)—
a: is registrable under section 17ZA(2)
b: is enforceable in accordance with its terms despite Part 3B
105: Application of other enactments
1: Nothing in section 11 Part 10
a: a transfer to the trustees of the Whatu Ora Trust or the trustees of the Manawhenua Trust under this Part; or
b: any matter incidental to, or required for the purpose of, the transfer.
2: A transfer to the trustees of the Whatu Ora Trust or the trustees of the Manawhenua Trust under this Part does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
3: Except as provided in section 100(1) section 101(2) 102(2) Part 4A sections 24(2A) 24A 24AA
4: In exercising the powers conferred by sections 88 97
5: The permission of a council under section 348