Ngāti Pūkenga Claims Settlement Bill c) Schedule 3 describes 2 properties (ngā pae maunga) jointly vested in fee simple to be administered as reserves:(d) Schedule 4 sets out provisions that apply to notices given in relation to RFR land.Acknowledgements and apology of the Crown57Acknowledgements and apology (1)Sections 8 and 9 record the text of the acknowledgements and apology given by the Crown to Ngāti Pūkenga in the deed of settlement. (2)The acknowledgements and apology are to be read together with the historical account recorded in part 3 of the deed of settlement.108Acknowledgements General acknowledgements (1)The Crown acknowledges that the Ngāti Pūkenga rangatira Te Kou o Rehua made a commitment to te Tiriti o Waitangi/the Treaty of Waitangi and the rela- tionship with the Crown that flowed from it. The Crown further acknowledges15 that Ngāti Pūkenga have always maintained this commitment through to the present day. (2)The Crown acknowledges— (a) that, despite the promise of te Tiriti o Waitangi/the Treaty of Waitangi, many Crown actions created long-standing grievances for Ngāti Pūken-20 ga; and (b) that the Crown failed to deal in an appropriate way with grievances raised by successive generations of Ngāti Pūkenga; and (c) that recognition of Ngāti Pūkenga grievances is long overdue. War in Tauranga25(3)The Crown acknowledges that— (a) Ngāti Pūkenga, as an iwi, did not take part in the war in Tauranga be- cause they were committed to upholding te Tiriti o Waitangi/the Treaty of Waitangi; and (b) the Crown was ultimately responsible for the outbreak of war in Tau-30 ranga in 1864 and its actions were a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. Tauranga confiscation/raupatu (4)The Crown acknowledges that, despite leading Te Tāwera and Ngāti Pūkenga to believe their interests would be scrupulously respected, the confiscation/35 raupatu at Tauranga Moana and the Tauranga District Lands Acts 1867 and 1868 unjustly extinguished the customary title of Te Tāwera and Ngāti Pūken- Ngāti Pūkenga Claims Settlement Bill Part 1 cl 8 ga in the land within the confiscation district, and breached Te Tiriti o Wai- tangi/the Treaty of Waitangi and its principles.(5) The Crown acknowledges that its confiscation/raupatu at Tauranga Moana left Ngāti Pūkenga increasingly dependent on tuku whenua lands (lands received through customary transfer) outside of Tauranga for their support, and that the 5 wish Te Kou o Rehua expressed in his ōhākī for all Ngāti Pūkenga at Manaia ...
Ngāti Pūkenga Claims Settlement Bill tributed to the further erosion of the traditional tribal structures of Ngāti Pūkenga, which were based on collective tribal and hapū custodianship of land. This had a prejudicial effect on Ngāti Pūkenga and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles; and(b) it did not, until 1894, provide any means in the native land law legis- 5 lation for a form of collective title enabling Ngāti Pūkenga to administerand utilise their lands, but by that time title to much Ngāti Pūkenga land had been awarded to individual Ngāti Pūkenga; and(c) the failure to provide a legal means for the collective administration of Ngāti Pūkenga land was a breach of te Tiriti o Waitangi/the Treaty of 10 Waitangi and its principles.(10) The Crown acknowledges that—
Ngāti Pūkenga Claims Settlement Bill. Resumptive memorials no longer to apply 16Certain enactments do not apply (1)The enactments listed in subsection (2) do not apply— (a) to a cultural redress property (other than Te Tihi o Hauturu); or (b) to Te Tihi o Hauturu on and from the date of its vesting in accordance5 with section 46 or 47, as the case requires; or (c) to the commercial redress property; or (d) to a joint cultural redress property on and from its vesting date under subpart 4 of Part 2; or (e) to the RFR land; or10 (f) for the benefit of Ngāti Pūkenga or a representative entity. (2)The enactments are— (a) Part 3 of the Crown Forest Assets Act 1989: (b) sections 211 to 213 of the Education Act 1989: (c) Part 3 of the New Zealand Railways Corporation Restructuring Act15 1990: (d) sections 27A to 27C of the State-Owned Enterprises Act 1986: (e) sections 8A to 8HJ of the Treaty of Waitangi Act 1975. 17Resumptive memorials to be cancelled (1)The chief executive of LINZ must issue to the Registrar-General 1 or more cer-20 tificates that specify the legal description of, and identify the computer register for, each allotment that— (a) is all or part of— (i) a cultural redress property: (ii) the commercial redress property:25 (iii) a joint cultural redress property: (iv) the RFR land; and (b) is subject to a resumptive memorial recorded under any enactment listed in section 16(2). (2)The chief executive of LINZ must issue a certificate as soon as is reasonably30 practicable after— (a) the settlement date, for a cultural redress property (other than Te Tihi o Hauturu), the commercial redress property, or the RFR land; or (b) the date of the vesting of the property in accordance with section 46 or 47, as the case requires, for Te Tihi o Hauturu; or 35 Ngāti Pūkenga Claims Settlement Bill Part 1 cl 20 (c) the vesting date of the property under subpart 4 of Part 2, for a joint cultural redress property.(3) Each certificate must state that it is issued under this section.(4) As soon as is reasonably practicable after receiving a certificate, the Registrar- General must— 5
Ngāti Pūkenga Claims Settlement Bill b) affect other rights to subsurface minerals.(4) The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way required to fulfil the terms of the deed of settlement in relation to the transfer. 5(5) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the transfer or to any matter incidental to, or required for the purpose of, the transfer.(6) In exercising the powers conferred by section 83, the Crown is not requiredto comply with any other enactment that would otherwise regulate or apply to 10the transfer.(7) Subsection (6) is subject to subsections (2) and (3).Subpart 2—Right of first refusal over RFR landInterpretation87 Interpretation 15In this subpart and Schedule 4,—control, for the purposes of paragraph (d) of the definition of Crown body, means,—