Te Pire Whakatika Hapa o Te Ohu Iwi Tauranga Moana me Te Pire Whakataunga i ngā Kereme a Ngā Hapū o Ngāti Ranginui

11 Certain enactments do not apply 15

12 Resumptive memorials to be cancelled 15

13 Access to collective deed 16

84—2 1

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

Part 2 Cultural redress

Subpart 1—Statutory acknowledgement

14 Interpretation 16

15 Statutory acknowledgement by the Crown 17

16 Purposes of statutory acknowledgement 17

17 Relevant consent authorities to have regard to statutory 17

acknowledgement

18 Environment Court to have regard to statutory acknowledgement 17

19 Heritage New Zealand Pouhere Taonga and Environment Court to 18

have regard to statutory acknowledgement

20 Recording statutory acknowledgement on statutory plans 18

21 Provision of summary or notice to Limited Partnership and 18

representative entities

22 Use of statutory acknowledgement 19

General provisions relating to statutory acknowledgement

23 Exercise of powers and performance of functions and duties 20

24 Rights not affected 20

Consequential amendment to Resource Management Act 1991

25 Amendment to Resource Management Act 1991 21

Subpart 2—Mauao joint management

26 Interpretation 21

27 Joint board for Mauao Historic Reserve 21

28 Appointments and procedures 21

29 Administration of Mauao Historic Reserve by joint board 22

30 Management plan 23

31 Trustees of Mauao Trust may be appointed administering body of 23

Mauao Historic Reserve

32 Application of Mauao Historic Reserve Vesting Act 2008 23

Subpart 3—Te Kūpenga Framework

33 Provisions giving effect to Te Kūpenga Framework 24

Part 3 Commercial redress

Subpart 1—Transfer of licensed land

34 Interpretation 24

35 The Crown may transfer licensed land 25

36 Minister of Conservation may grant easements 25

37 Computer freehold register for licensed land 25

38 Authorised person may grant covenant for later creation of 26

computer freehold register

39 Application of other enactments 26

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

40 Licensed land ceases to be Crown forest land 26

41 Limited Partnership is confirmed beneficiary and licensor of 27

licensed land

42 Effect of transfer of licensed land 27

43 Effect of licensed land not being transferred 28

Access to protected sites

44 Right of access to protected sites 28

45 Right of access over licensed land 29

46 Right of access to be recorded on computer freehold register 29

Subpart 2—Right of first refusal over RFR land

48 Meaning of RFR land 31

47 Interpretation 29

49 Restrictions on disposal of RFR land 31

Limited Partnership’s right of first refusal

50 Requirements for offer 32

51 Expiry date of offer 32

52 Withdrawal of offer 32

53 Acceptance of offer 33

54 Formation of contract 33

Disposals to others but land remains RFR land

55 Disposal to the Crown or Crown bodies 33

56 Disposal of existing public works to local authorities 33

57 Disposal of reserves to administering bodies 34

Disposals to others where land may cease to be RFR land

58 Disposal in accordance with obligations under enactment or rule of 34

law

59 Disposal in accordance with legal or equitable obligations 34

60 Disposal under certain legislation 34

61 Disposal of land held for public works 35

62 Disposal for reserve or conservation purposes 35

63 Disposal for charitable purposes 35

64 Disposal to tenants 35

RFR landowner obligations

65 RFR landowner’s obligations subject to other matters 36

Notices about RFR land

66 Notice to LINZ of RFR land with computer register after 36

settlement date

67 Notice to Limited Partnership of disposal of RFR land to others 36

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

68 Notice to LINZ of land ceasing to be RFR land 37

69 Notice requirements 37

Right of first refusal recorded on computer registers

70 Right of first refusal to be recorded on computer registers for RFR 38

land

71 Removal of notifications when land to be transferred or vested 38

72 Removal of notifications when RFR period ends 39

General provisions applying to right of first refusal

73 Waiver and variation 39

74 Disposal of Crown bodies not affected 39

75 Assignment of rights and obligations under this subpart 39

Part 4

Preliminary matters and settlement of historical claims

Preliminary matters

76 Purpose 40

77 Provisions to take effect on settlement date 40

78 Act binds the Crown 41

79 Outline 41

Acknowledgements and apology of the Crown

80 Acknowledgements and apology 42

81 Acknowledgements 42

82 Apology 45

Interpretation provisions

83 Interpretation of Parts 4 to 6 generally 46

84 Interpretation 46

85 Meaning of Ngā Hapū o Ngāti Ranginui 49

86 Meaning of historical claims 50

Historical claims settled and jurisdiction of courts, etc, removed

87 Settlement of historical claims final 51

Amendment to Treaty of Waitangi Act 1975

88 Amendment to Treaty of Waitangi Act 1975 52

89 Certain enactments do not apply 52

90 Resumptive memorials to be cancelled 53

91 Rule against perpetuities does not apply 54

92 Access to deed of settlement 54

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

Part 5 Cultural redress

Subpart 1—Protocol

93 Interpretation 55

General provisions applying to protocol

94 Issuing, amending, and cancelling protocol 55

95 Protocol subject to rights, functions, and duties 55

96 Enforcement of protocol 56

97 Limitation of rights 56

Subpart 2—Official geographic names

98 Interpretation 56

99 Official geographic names 56

100 Publication of official geographic names 57

101 Subsequent alteration of official geographic names 57

Subpart 3—Naming of reserves and control and management of reserve

102 Te Wharepoti / Xxxxxxxx Xxxxxxx Wildlife Management Reserve 57

103 Te Wahapū o Te Hopuni Wildlife Management Reserve 57

104 Official geographic names, publication, and subsequent alteration 57

Subpart 4—Vesting of cultural redress properties

105 Interpretation 58

Properties vested in fee simple to be administered as reserves

106 Ohauiti 59

107 Omanawa River property 59

108 Tahawai 59

109 Te Awa o Ngāumuwahine 59

110 Te Hopuni 60

111 Te Rī o Ruahine 60

112 Te Rī o Tamarāwaho 60

113 Te Wai o Ngāumuwahine 60

114 Waikareao Estuary property 61

115 Waimanu ki uta 61

000 Xxxxxx Xxxxx property 61

117 Waireia 62

Properties vested in fee simple subject to conservation covenants

118 Oraeroa 62

119 Te Kaki 62

School property vested in fee simple subject to lease

120 Omokoroa School property 62

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

General provisions applying to vesting of cultural redress properties

121 Properties vest subject to or together with interests 63

122 Interests that are not interests in land 63

123 Registration of ownership 63

124 Application of Part 4A of Conservation Act 1987 64

125 Matters to be recorded on computer freehold register 64

126 Application of other enactments 65

127 Names of Crown protected areas discontinued 65

Further provisions applying to reserve properties

128 Application of other enactments to reserve properties 66

129 Subsequent transfer of reserve land 66

130 Transfer of reserve land in Te Rī o Tamarāwaho or Te Rī o 66

Xxxxxxx to new administering body

131 Transfer of reserve land in other properties to new administering 67

body

132 Transfer of reserve land to trustees of existing administering body 68

if trustees change

133 Reserve land not to be mortgaged 68

134 Saving of bylaws, etc, in relation to reserve properties 68

Subpart 5—Xxx xxx maunga: properties jointly vested in fee simple to be administered as reserves

135 Interpretation 68

136 Application of this subpart 69

137 Ōtanewainuku 69

138 Pūwhenua 70

139 Joint management body for Ōtanewainuku and Pūwhenua Scenic 70

Reserves

140 Restriction on transfer of joint cultural redress property 71

141 Provisions of other Acts with same effect for joint cultural redress 71

property

General provisions applying to vesting of joint cultural redress properties

142 Properties vest subject to or together with interests 72

143 Interests in land for joint cultural redress properties 72

144 Interests that are not interests in land 72

145 Registration of ownership 72

146 Application of Part 4A of Conservation Act 1987 73

147 Recording application of Part 4A of Conservation Act 1987 and 73

sections of this subpart

148 Application of other enactments to joint cultural redress properties 74

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

149 Application of Reserves Act 1977 to joint cultural redress 74

properties

150 Joint cultural redress property that is reserve must not be 74

mortgaged

151 Saving of bylaws, etc, in relation to joint cultural redress properties 75

152 Scenic reserve not to become Crown protected area 75

Part 6 Commercial redress

153 Interpretation 75

Subpart 1—Transfer of commercial redress properties, commercial properties, and deferred selection property

154 The Crown may transfer properties 76

155 Computer freehold registers for commercial redress properties, 76

commercial properties, and deferred selection property

156 Authorised person may grant covenant for later creation of 77

computer freehold register

157 Application of other enactments 77

158 Application of enactment to Part Te Puna School site and adjoining 78

land

Subpart 2—Māori reservation properties

159 Application of this subpart 78

160 Setting apart as Māori reservations and terms of trust 78

161 Application of enactments to Māori reservation properties 79

Subpart 3—Provisions applying to purchased contingent properties

162 Application of this subpart 80

163 Transfer of purchased contingent properties 80

164 Easements over purchased contingent properties 81

Subpart 4—Right of first refusal over RFR land

166 Meaning of RFR land 82

165 Interpretation 81

167 RFR land required for another Treaty of Waitangi settlement 83

168 Restrictions on disposal of RFR land 83

Trustees’ right of first refusal

169 Requirements for offer 84

170 Expiry date of offer 84

171 Withdrawal of offer 84

172 Acceptance of offer 84

173 Formation of contract 85

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

Disposals to others but land remains RFR land

174 Disposal to the Crown or Crown bodies 85

175 Disposal of existing public works to local authorities 85

176 Disposal of reserves to administering bodies 86

Disposals to others where land may cease to be RFR land

177 Disposal in accordance with obligations under enactment or rule of 86

law

178 Disposal in accordance with legal or equitable obligations 86

179 Disposal under certain legislation 86

180 Disposal of land held for public works 87

181 Disposal for reserve or conservation purposes 87

182 Disposal for charitable purposes 87

183 Disposal to tenants 87

184 Disposal by Housing New Zealand Corporation 88

185 Disposal by Bay of Plenty DHB 88

RFR landowner obligations

186 RFR landowner’s obligations subject to other matters 88

Notices about RFR land

187 Notice to LINZ of RFR land with computer register after 88

settlement date

188 Notice to trustees of disposal of RFR land to others 89

189 Notice to LINZ of land ceasing to be RFR land 89

190 Notice requirements 90

Right of first refusal recorded on computer registers

191 Right of first refusal to be recorded on computer registers for RFR 90

land

192 Removal of notifications when land to be transferred or vested 91

193 Removal of notifications when land required for another Treaty of 91

Waitangi settlement

194 Removal of notifications when RFR period ends 92

General provisions applying to right of first refusal

195 Waiver and variation 92

196 Disposal of Crown bodies not affected 92

197 Assignment of rights and obligations under this subpart 92

Schedule 1 Statutory areas

Schedule 2 Te Kūpenga

Schedule 3

Notices in relation to RFR land

108

Tauranga Moana Iwi Collective Redress and Ngā Hapū

o Ngāti Ranginui Claims Settlement Bill Part 1 cl 5

Schedule 4 Cultural redress properties

Schedule 5

Xxx xxx maunga: properties jointly vested in fee simple to be administered as reserves

Schedule 6

Notices in relation to RFR land

110

114

115

The Parliament of New Zealand enacts as follows:

1	Title
	This Act is the Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Act 2015.
2	Commencement	5
	This Act comes into force on the day after the date on which it receives the
	Royal assent.
	Part 1
	Preliminary provisions
	Preliminary matters	10
3	Purpose
(1)	The purpose of Parts 1 to 3 is to give effect to certain provisions of the col- lective deed.
(2)	The Tauranga Moana Framework legislation is not included in Parts 1 to 3, but the Crown acknowledges that it will introduce that legislation as soon as	15
	practicable.
4	Provisions to take effect on settlement date
(1)	The provisions of Parts 1 to 3 take effect on the settlement date unless stated otherwise.
(2)	Before the date on which a provision takes effect, a person may prepare or sign	20
	a document or do anything else that is required for—
	(a) the provision to have full effect on that date; or
	(b) a power to be exercised under the provision on that date; or
	(c) a duty to be performed under the provision on that date.
5	Act binds the Crown	25
	Parts 1 to 3 bind the Crown.

Part 1 cl 6

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

6	Outline
(1)	This section is a guide to the overall scheme and effect of Parts 1 to 3, but does not affect the interpretation or application of the other provisions of Parts 1 to 3 or of the collective deed.
(2)	This Part—	5
	(a) sets out the purpose of Parts 1 to 3; and
	(b) provides that the provisions of Parts 1 to 3 take effect on the settle-
	ment date unless a provision states otherwise; and
	(c) specifies that the Act binds the Crown; and
	(d) defines terms used in Parts 1 to 3, including key terms such as Tau-	10
	ranga Moana Iwi; and
	(e) provides for—
	(i) the effect of the settlement on certain memorials; and
	(ii) access to the collective deed.
(3)	Part 2 provides for cultural redress, including—	15
	(a) a statutory acknowledgement by the Crown of the statements made by
	Tauranga Moana Iwi of their cultural, historical, spiritual, and traditional
	association with certain statutory areas and the effect of that acknow-
	ledgement; and
	(b) the joint administration of the Mauao Historic Reserve; and	20
	(c) provisions giving effect to Te Kūpenga Framework.
(4)	Part 3 provides for commercial redress, including the power to transfer the li-
	censed land and the right of first refusal over RFR land.
(5)	There are 3 schedules, as follows:
	(a) Schedule 1 describes the statutory areas to which the statutory acknow-	25
	ledgement relates:
	(b) Schedule 2 gives effect to Te Kūpenga Framework:
	(c) Schedule 3 sets out provisions that apply to notices given in relation to
	RFR land.
	Interpretation provisions	30
7	Interpretation of Parts 1 to 3 generally
	It is the intention of Parliament that the provisions of Parts 1 to 3 are inter-
	preted in a manner that best furthers the agreements expressed in the collective
	deed.
8	Interpretation	35
	In Parts 1 to 3, unless the context otherwise requires,—

Tauranga Moana Iwi Collective Redress and Ngā Hapū

o Ngāti Ranginui Claims Settlement Bill Part 1 cl 8

actual settlement date, in relation to the licensed land, means the date on which settlement of the land takes place under part 3 of the property redress schedule

administering body has the meaning given in section 2(1) of the Reserves Act 1977 5

attachments means the attachments to the collective deed

collective deed—

(a) means the Tauranga Moana Iwi Collective deed dated 21 January 2015 and signed by—

(i) the Honourable Xxxxxxxxxxx Xxxxxxxxx, Minister for Treaty of 10

Waitangi Negotiations, the Honourable Xx Xxxxxx Xxxxxxx, Minis- ter for Māori Development, and the Honourable Xxxxx Xxxxxxx Xxxxxxx, Minister of Finance, for and on behalf of the Crown; and

(ii) Xxxxxxx Xxxxxx, Xx Xxx Xxxx, Xxx Xxxxx, Xxxxx Xxxxx, Xxxxxx Xxxxxx, Xxxxxxxxx Xxxxxx, Xxxxx Xxxxx Xxx, and Xxxxxxx Xxxxxxx, 15

being the trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust; and

(iii) Xxxxxxx Xxxxxxx, Xxxxxxxx Xxxxxxxxx, Xxxxxxxx Xxxxxxxxxx, Xx- xxxxxx Xxxxx, Xxxx Xxxxxxx, Xxxxxx Xxxxx, Xxxxxx Xxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxxxx, and Xxxxxxx Xxxxxxxx, being the trustees 20

of the Xxxx Xx Rangi Settlement Trust; and

(iv) Xxxxxx Xxxx, Xxxxx Xxxxxxxxxxxxx Xxxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxxxxx, and Xxxxxx Xxxxxxx, being the trustees of the Te Tā- wharau o Ngāti Pūkenga Trust; and

(v) Xxx Xxxxx, Xxxx Xxxxxxx, and Xxxxxxx Xxxxxx, on behalf of the 25

Tauranga Moana Iwi Collective Limited Partnership; and

(b) includes—

(i) the schedules of, and attachments to, the deed; and

(ii) any amendments to the deed or its schedules and attachments

computer register— 30

(a) has the meaning given in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and

(b) includes, where relevant, a certificate of title issued under the Land Transfer Act 1952

consent authority has the meaning given in section 2(1) of the Resource Man- 35 agement Act 1991

conservation area has the meaning given in section 2(1) of the Conservation Act 1987

Crown has the meaning given in section 2(1) of the Public Finance Act 1989

Part 1 cl 8

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

Director-General means the Director-General of Conservation documents schedule means the documents schedule of the collective deed effective date means the date that is 6 months after the settlement date

legislative matters schedule means the legislative matters schedule of the col- lective deed 5

licensed land has the meaning given in section 34

Limited Partnership means the Tauranga Moana Iwi Collective Limited Part- nership

LINZ means Land Information New Zealand

local authority has the meaning given in section 5(1) of the Local Government 10

Act 2002

member of Tauranga Moana Iwi means an individual referred to in section 9(1)(a)

Ngā Hapū o Ngāti Ranginui Settlement Trust has the meaning given in sec-

tion 84 of Parts 4 to 6 of the Tauranga Moana Iwi Collective Redress 15

and Ngā Hapū o Ngāti Ranginui Claims Settlement Act 2015

Xxxx Xx Rangi Settlement Trust means the trust of that name established by a trust deed dated 5 July 2013

property redress schedule means the property redress schedule of the collect-

ive deed 20

Registrar-General means the Registrar-General of Land appointed in accord- ance with section 4 of the Land Transfer Act 1952

reserve has the meaning given in section 2(1) of the Reserves Act 1977

resource consent has the meaning given in section 2(1) of the Resource Man- agement Act 1991 25

RFR means the right of first refusal provided for by subpart 2 of Part 3

RFR land has the meaning given in section 48

settlement date means the date that is 20 working days after the date on which

Parts 1 to 3 come into force

statutory acknowledgement has the meaning given in section 14 30

Tauranga Moana Framework legislation means the legislation that will, on the terms provided by part 3 of the legislative matters schedule,—

(a) establish a statutory committee called the Tauranga Moana Governance Group; and

(b) provide for the preparation, review, amendment, and adoption of a Tau- 35 ranga Moana Framework document (Xxx Xxx ki Mauao)

Tauranga Moana Iwi Collective Redress and Ngā Hapū

o Ngāti Ranginui Claims Settlement Bill Part 1 cl 9

Tauranga Moana Iwi Collective Limited Partnership means the limited partnership of that name registered under the Limited Partnerships Act 2008 (number 2616652)

Te Kūpenga and Te Kūpenga Framework mean the arrangements relating to

the Te Kūpenga Area set out in Schedule 2 and part 3 of the documents 5 schedule

Te Tāwharau o Ngāti Pūkenga Trust means the trust of that name established by a trust deed dated 24 March 2013

working day means a day other than—

(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac 10 Day, the Sovereign’s birthday, and Labour Day:

(b) if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the follow- ing Monday:

ing with the close of 15 January in the following year: 15

(d) the days observed as the anniversaries of the provinces of Auckland and Wellington.

9 Meaning of Tauranga Moana Iwi and related terms

(1) In Parts 1 to 3, Tauranga Moana Iwi—

(a) means the collective group of the following iwi and hapū: 20

(i) Ngā Hapū o Ngāti Ranginui:

(ii) Xxxx Xx Rangi:

(iii) Ngāti Pūkenga; and

(b) includes the individuals who are members of 1 or more of the iwi and

xxxx described in paragraph (a); and 25

(2) In Parts 1 to 3,—

Ngā Hapū o Ngāti Ranginui has the meaning given in section 85 of Parts

4 to 6 of the Tauranga Moana Iwi Collective Redress and Ngā Hapū 30

o Ngāti Ranginui Claims Settlement Act 2015

Xxxx Xx Rangi has the meaning given in clause 8.6 of the Xxxx Xx Rangi and Ngā Pōtiki deed of settlement

Ngāti Pūkenga has the meaning given in clause 10.5 of the Ngāti Pūkenga

deed of settlement 35

representative entity, in relation to the Tauranga Moana Iwi, means each of the following:

(a) the trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust:

Part 1 cl 10

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(b) the trustees of the Xxxx Xx Rangi Settlement Trust:

Tauranga Moana hapū means the hapū acknowledged in writing by a repre- sentative entity, and includes,—

(a) in the case of Ngā Hapū o Ngāti Ranginui, the groups referred to in 5 clauses 10.5.2 and 10.5.4 of the Ngā Hapū o Ngāti Ranginui deed of settlement dated 21 June 2012; and

(b) in the case of Xxxx Xx Rangi, the groups referred to in clause 8.6.2 of the Xxxx Xx Rangi and Ngā Pōtiki deed of settlement dated 14 December

2013; and 10

(c) in the case of Ngāti Pūkenga, the groups referred to in clause 10.5.3 of the Ngāti Pūkenga deed of settlement dated 7 April 2013

Tauranga Moana iwi and hapū means the Tauranga Moana Iwi and the Tau- ranga Moana hapū.

10 Meaning of Tauranga Moana 15

In Parts 1 to 3, Tauranga Moana and moana—

(a) mean—

(i) the waters (including internal waters and tidal lagoons) and other natural resources and the geographic features (including Tauranga Harbour) comprising the coastal marine area marked “A” on the 20

Tauranga Moana Framework plan in the attachments; and

(ii) the waters and other natural resources and the geographic features comprising the rivers, streams, creeks, and natural watercourses within the catchment that flow into—

(A) Tauranga Harbour; or 25

(B) the sea at any point within the area marked “A” on the Tau- ranga Moana Framework plan in the attachments; and

(iii) the waters and other natural resources and the geographic features comprising wetlands, swamps, and lagoons within the catchment;

and 30

(iv) the beds and aquatic margins of the water bodies referred to in

subparagraphs (i) to (iii); and

(v) the ecosystems associated with the waters and natural features re- ferred to in subparagraphs (i) to (iv); but

(b) do not include— 35

(i) the waters and other natural resources situated on offshore islands for which the Minister of Local Government is the territorial au- thority under section 22 of the Local Government Act 2002, in-

Tauranga Moana Iwi Collective Redress and Ngā Hapū

o Ngāti Ranginui Claims Settlement Bill Part 1 cl 12

xxxxxxx Xxxxx (current recorded name Mayor Island (Tuhua)) and Motītī Island (current recorded name Motiti Island); or

(ii) the waters and other natural resources and the geographic features comprising the rivers, streams, creeks, and natural watercourses within the catchment that do not flow into— 5

(A) Tauranga Harbour; or

(B) the sea at any point within the area marked “A” on the Tau- ranga Moana Framework plan in the attachments.

11 Certain enactments do not apply 10

(1) The enactments listed in subsection (2) do not apply—

(a) to the licensed land on and from the actual settlement date; or

(b) to the RFR land; or

(2) The enactments are— 15

(a) (b)	Part 3 of the Crown Forest Assets Act 1989: sections 211 to 213 of the Education Act 1989:
(c)	Part 3 of the New Zealand Railways Corporation Restructuring 1990:	Act
(d)	sections 27A to 27C of the State-Owned Enterprises Act 1986:		20
(e)	sections 8A to 8HJ of the Treaty of Waitangi Act 1975.
12	Resumptive memorials to be cancelled
(1)	The chief executive of LINZ must issue to the Registrar-General 1 or more cer- tificates that specify the legal description of, and identify the computer register for, each allotment that—		25
	(a) is all or part of—

(i) the licensed land:

(ii) the RFR land; and

(b) is subject to a resumptive memorial recorded under any enactment listed

in section 11(2). 30

(2) The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after—

(a) the actual settlement date, for the licensed land; or

(b) the settlement date, for the RFR land.

(3) Each certificate must state that it is issued under this section. 35

Part 1 cl 13

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(4) As soon as is reasonably practicable after receiving a certificate, the Registrar- General must—

(a) register the certificate against each computer register identified in the certificate; and

(b) cancel each memorial recorded under an enactment listed in section 5 11(2) on a computer register identified in the certificate, but only in re- spect of each allotment described in the certificate.

13 Access to collective deed

The chief executive of the Ministry of Justice must make copies of the collect- 10 ive deed available—

(a) for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and

(b) free of charge on an Internet site maintained by or on behalf of the Min- 15 istry of Justice.

Part 2 Cultural redress

Subpart 1—Statutory acknowledgement

14 Interpretation 20

In this subpart,—

relevant consent authority, for a statutory area, means a consent authority of a region or district that contains, or is adjacent to, the statutory area

statement of association, for a statutory area, means the statement—

(a) made by Xxxxxxxx Xxxxx Xxx of their particular cultural, historical, spir- 25 itual, and traditional association with the statutory area; and

(b) set out in part 1 of the documents schedule

statutory acknowledgement means the acknowledgement made by the Crown in section 15 in respect of the statutory areas, on the terms set out in this sub-

part 30

statutory area means an area described in Schedule 1, the general location of which is indicated on the deed plan for that area

statutory plan—

(a) means a district plan, regional coastal plan, regional plan, regional poli-

cy statement, or proposed policy statement as defined in section 43AA 35

of the Resource Management Act 1991; and

Tauranga Moana Iwi Collective Redress and Ngā Hapū

o Ngāti Ranginui Claims Settlement Bill Part 2 cl 18

	(b) includes a proposed plan, as defined in section 43AAC of that Act.
15	Statutory acknowledgement by the Crown
	The Crown acknowledges the statements of association for the statutory areas.
16	Purposes of statutory acknowledgement
	The only purposes of the statutory acknowledgement are—	5
	(a) to require relevant consent authorities, the Environment Court, and
	Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 17 to 19; and
	(b) to require relevant consent authorities to record the statutory acknow-
	ledgement on statutory plans that relate to the statutory areas and to pro-	10
	vide summaries of resource consent applications or copies of notices of
	applications to the Limited Partnership and each representative entity, in accordance with sections 20 and 21; and
	(c) to enable the Limited Partnership, each representative entity, and any
	member of Tauranga Moana Iwi to cite the statutory acknowledgement	15
	as evidence of the association of Tauranga Moana Iwi with a statutory area, in accordance with section 22.
17	Relevant consent authorities to have regard to statutory acknowledgement
(1)	This section applies in relation to an application for a resource consent for an
	activity within, adjacent to, or directly affecting a statutory area.	20
(2)	On and from the effective date, a relevant consent authority must have regard
	to the statutory acknowledgement relating to the statutory area in deciding,
	under section 95E of the Resource Management Act 1991, whether the Limited
	Partnership is an affected person in relation to the activity.
(3)	Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.	25
18	Environment Court to have regard to statutory acknowledgement
(1)	This section applies to proceedings in the Environment Court in relation to an
	application for a resource consent for an activity within, adjacent to, or directly
	affecting a statutory area.	30
(2)	On and from the effective date, the Environment Court must have regard to the
	statutory acknowledgement relating to the statutory area in deciding, under sec-
	tion 274 of the Resource Management Act 1991, whether the Limited Partner-
	ship is a person with an interest in the proceedings greater than that of the gen-
	eral public.	35
(3)	Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991.

Part 2 cl 19

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

19	Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
(1)	This section applies to an application made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a	5
	statutory area.
(2)	On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48, 56, or 62 of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to the application.	10
(3)	On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area—
	(a) in determining whether the Limited Partnership is a person directly affected by the decision; and
	(b) in determining, under section 59(1) or 64(1) of the Heritage New Zea- land Pouhere Taonga Act 2014, an appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application.	15
(4)	In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.
20	Recording statutory acknowledgement on statutory plans	20
(1)	On and from the effective date, each relevant consent authority must attach in- formation recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
(2)	The information attached to a statutory plan must include—
	(a) a copy of sections 15 to 19, 21, and 22; and	25
	(b) descriptions of the statutory areas wholly or partly covered by the plan; and
	(c) the statement of association for each statutory area.
(3)	The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—	30
	(a) part of the statutory plan; or
	(b) subject to the provisions of Schedule 1 of the Resource Management Act 1991.
21	Provision of summary or notice to Limited Partnership and representative entities	35
(1)	Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the Limited Partnership and each repre-

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sentative entity for each resource consent application for an activity within, ad- jacent to, or directly affecting a statutory area:

(a) if the application is received by the consent authority, a summary of the application; or

(b) if notice of the application is served on the consent authority under sec- 5 tion 145(10) of the Resource Management Act 1991, a copy of the no- xxxx.

(2) A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B of the Re- source Management Act 1991 or as may be agreed between the Limited Part- 10 nership, each representative entity, and the relevant consent authority.

(3) The summary must be provided—

(a) as soon as is reasonably practicable after the relevant consent authority receives the application; but

(b) before the relevant consent authority decides under section 95 of the Re- 15 source Management Act 1991 whether to notify the application.

(4) A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the no- xxxx.

(5) The Limited Partnership and each representative entity may, by written notice 20 to a relevant consent authority,—

(a) waive the right to be provided with a summary or copy of a notice under this section; and

(b) state the scope of that waiver and the period it applies for.

(6) This section does not affect the obligation of a relevant consent authority to de- 25 cide,—

(a) under section 95 of the Resource Management Act 1991, whether to no- tify an application:

(b) under section 95E of that Act, whether the Limited Partnership is an affected person in relation to an activity. 30

22 Use of statutory acknowledgement

(1) The Limited Partnership ~~and each representative entity~~ , each representative entity, and any member of Tauranga Moana Iwi may, as evidence of the associ- ation of Tauranga Moana Iwi with a statutory area, cite the statutory acknow- ledgement that relates to that area in submissions concerning activities within, 35

adjacent to, or directly affecting the statutory area that are made to or before—

(a) the relevant consent authorities; or

(b) the Environment Court; or

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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(d) the Environmental Protection Authority or a board of inquiry under Part 6AA of the Resource Management Act 1991.

(2) The content of a statement of association is not, by virtue of the statutory ac- knowledgement, binding as fact on—

(a) the bodies referred to in subsection (1); or 5

(b) parties to proceedings before those bodies; or

(3) However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.

(4) To avoid doubt,— 10

(a) the Limited Partnership, each representative entity, and the members of Tauranga Moana Iwi are not precluded from stating that Tauranga Moana Iwi has an association with a statutory area that is not described in the statutory acknowledgement; and

(b) the content and existence of the statutory acknowledgement do not limit 15

any statement made.

General provisions relating to statutory acknowledgement

23	Exercise of powers and performance of functions and duties
(1)	The statutory acknowledgement does not affect, and must not be taken into ac- count by, a person exercising a power or performing a function or duty under an enactment or a bylaw.	20
(2)	A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Tauranga Moana Iwi with a statutory area than that person would give if there were no statutory acknowledgement for the statutory area.	25
(3)	Subsection (2) does not limit subsection (1).
(4)	This section is subject to the other provisions of this subpart.
24	Rights not affected
(1)	The statutory acknowledgement—
	(a) does not affect the lawful rights or interests of a person who is not a party to the collective deed; and	30
	(b) does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.
(2)	This section is subject to the other provisions of this subpart.

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Consequential amendment to Resource Management Act 1991

Amendment to Resource Management Act 1991

(1)

This section amends the Resource Management Act 1991.

(2)

In Schedule 11, insert in its appropriate alphabetical order “Parts 1 to 3 of the Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Act 2015”.

Subpart 2—Mauao joint management

26	Interpretation
	In this subpart,—
	Mauao Historic Reserve means the land that is 76.5400 hectares, more or less, being Lot 1 DP 429354, all computer freehold register 515000 or as that description is amended, from time to time, in accordance with section 15 of the Mauao Historic Reserve Vesting Act 2008	10
	Mauao Trust means the trust of that name established by a trust deed dated 2 July 2007.	15
27	Joint board for Mauao Historic Reserve
(1)	The appointment of the Tauranga City Council as the administering body of the Mauao Historic Reserve under section 28 of the Reserves Act is revoked as if the appointment were revoked under that Act.
(2)	A joint board is established to be the administering body of the Mauao Historic Reserve as if it were appointed to control and manage the reserve under section 30 of the Reserves Act 1977.	20
(3)	However, section 30 of the Reserves Act 1977 has no further application to the reserve or the joint board.
28	Appointments and procedures	25
(1)	Appointments to the joint board must be made as follows:
	(a) 4 members appointed by the trustees of the Mauao Trust; and
	(b) 4 members appointed by the Tauranga City Council.
(2)	The joint board must remain in place—
	(a) for a minimum period of 1 year from the settlement date; and	30
	(b) until the trustees of the Mauao Trust and the Tauranga City Council

jointly agree that the trustees, rather than the joint board, are to be the administering body of the Mauao Historic Reserve.

(3) Sections 31 to 34 of the Reserves Act 1977 apply to the joint board as if it were

a board within the meaning of that Act. 35

(4) Subsection (3) applies subject to subsections (5) and (6).

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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(5) The first meeting of the joint board must be held no later than 2 months after the settlement date.

(6) If the joint board agrees to adopt alternative provisions about meetings of the board,—

(a) those provisions apply; and 5

(b) section 32 of the Reserves Act 1977 does not apply.

29	Administration of Mauao Historic Reserve by joint board
(1)	While the joint board is the administering body of the Mauao Historic Reserve, subsection (2) applies in relation to any application for an easement under section 48 of the Reserves Act 1977, a statutory authorisation under sections 50	10
	and 51 of that Act, a lease under section 58A of that Act, or a licence under
	section 74 of that Act over the reserve.
(2)	If this subsection applies,—
	(a) the trustees of the Mauao Trust are the decision makers in respect of the
	application under the Reserves Act 1977, and the grantor of any result-	15
	ing easement, statutory authorisation, lease, or licence, as if the trustees
	were the administering body of the Mauao Historic Reserve; and
	(b) to avoid doubt, section 59A of the Reserves Act 1977 and Part 3B of the
	Conservation Act 1987 (which relate to concessions) do not apply.
(3)	While the joint board is the administering body of the Mauao Historic Reserve,	20
	the trustees of the Mauao Trust may obtain, as grantee, any interest in favour of
	the reserve as if the trustees were the administering body of the reserve.
(4)	The trustees of the Mauao Trust and the Tauranga City Council must enter into
	a memorandum of understanding regarding the day-to-day management of the
	Mauao Historic Reserve, including the provision of administrative and ad-	25
	visory services to the joint board by the Council.
(5)	The joint board may, subject to subsections (1) and (2), exercise or perform in relation to the Mauao Historic Reserve any power or function that—
	(a) the Minister of Conservation has delegated to all local authorities under
	section 10 of the Reserves Act 1977; and	30
	(b) is relevant to the Mauao Historic Reserve.
(6)	The delegation referred to in subsection (5)(a) applies to the joint board with the necessary modifications.
(7)	The joint board must seek the prior approval of the trustees of the Mauao Trust
	before exercising or performing a delegated power or function.	35
(8)	For the avoidance of doubt, the joint board is not a council organisation or a
	council-controlled organisation for the purposes of the Local Government Act
	2002.

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30	Management plan
(1)	The joint board must prepare a management plan for the Mauao Historic Re-
	serve in accordance with section 41 of the Reserves Act 1977 and must secure
	the agreement of the trustees of the Mauao Trust to the management plan be-
	fore the joint board approves it.	5
(2)	If the Minister gives notice under section 31(2)(b), any management plan prepared by the joint board with the agreement of the trustees of the Mauao
	Trust under this section continues to apply, and the trustees must comply with
	that plan until a new plan is prepared and approved for the reserve.
31	Trustees of Mauao Trust may be appointed administering body of Mauao	10
	Historic Reserve
(1)	This section applies subject to section 28(2)(a).
(2)	If the trustees of the Mauao Trust and the Tauranga City Council jointly agree
	that the joint board is no longer to be the administering body of the Mauao His-
	toric Reserve and that the trustees of the Mauao Trust are to be the administer-	15
	ing body of the Mauao Historic Reserve,—
	(a) the trustees of the Mauao Trust and the Tauranga City Council must give
	notice of their intention to the Minister of Conservation, and a minimum
	of 12 months’ notice to the joint board; and
	(b) the Minister must, by notice in the Gazette, declare that—	20
	(i) the joint board is no longer the administering body of the Mauao
	Historic Reserve; and
	(ii) the trustees of the Mauao Trust are the administering body of the
	Mauao Historic Reserve.
(3)	A notice under subsection (2)(b) has effect according to its terms.	25
(4)	While the trustees of the Mauao Trust are the administering body of the Mauao
	Historic Reserve,—
	(a) the trustees are the decision makers in respect of any application for an
	easement under section 48 of the Reserves Act 1977, a statutory author-
	isation under sections 50 and 51 of that Act, a lease under section 58A of	30
	that Act, or a licence under section 74 of that Act over the reserve; and
	(b) the trustees may obtain, as grantee, any interest in favour of the reserve;
	and
	(c) to avoid doubt, section 59A of the Reserves Act 1977 and Part 3B of the
	Conservation Act 1987 (which relate to concessions) do not apply.	35
32	Application of Mauao Historic Reserve Vesting Act 2008
	Section 7 of the Mauao Historic Reserve Vesting Act 2008 (which relates to the
	status of the Mauao Historic Reserve) is subject to this subpart.

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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

Subpart 3—Te Kūpenga Framework

33 Provisions giving effect to Te Kūpenga Framework

The provisions of Schedule 2 apply to give effect to Te Kūpenga Framework.

Part 3 Commercial redress 5

Subpart 1—Transfer of licensed land

34 Interpretation

In this subpart,—

Crown forest land has the meaning given in section 2(1) of the Crown Forest Assets Act 1989 10

Crown forestry assets has the meaning given in section 2(1) of the Crown Forest Assets Act 1989

Crown forestry licence—

(a) has the meaning given in section 2(1) of the Crown Forest Assets Act 1989; and 15

(b) in relation to the licensed land, means the licence described in the third column of the table in part 2 of the property redress schedule

Crown forestry rental trust means the forestry rental trust referred to in sec- tion 34 of the Crown Forest Assets Act 1989

Crown forestry rental trust deed means the trust deed made on 30 April 1990 20

establishing the Crown forestry rental trust

licensed land—

(a) means the property described as licensed land in part 2 of the property redress schedule; but

(b) excludes— 25

(i) trees growing, standing, or lying on the land; and

(ii) improvements that have been—

(A) acquired by a purchaser of the trees on the land; or

(B) made by the purchaser or the licensee after the purchaser

has acquired the trees on the land 30

licensee means the registered holder of the Crown forestry licence

licensor means the licensor of the Crown forestry licence

protected site means any area of land situated in the licensed land that—

(a) is wāhi tapu or a wāhi tapu area within the meaning of section 6 of the Heritage New Zealand Pouhere Taonga Act 2014; and 35

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	(b) is, at any time, entered on the New Zealand Heritage List/Rārangi Kōre- ro as defined in section 6 of that Act right of access means the right conferred by section 44.
35	The Crown may transfer licensed land
	To give effect to part 5 of the collective deed, the Crown (acting by and	5
	through the chief executive of LINZ) is authorised—
	(a) to transfer the fee simple estate in the licensed land to the Limited Part-
	nership; and
	(b) to sign a transfer instrument or other document, or do anything else, as
	necessary to effect the transfer.	10
36	Minister of Conservation may grant easements
(1)	The Minister of Conservation may grant any easement over a conservation area
	or reserve that is required to fulfil the terms of the collective deed in relation to
	the licensed land.
(2)	Any such easement is—	15
	(a) enforceable in accordance with its terms, despite Part 3B of the Xxxxxx-
	vation Act 1987; and
	(b) to be treated as having been granted in accordance with Part 3B of that
	Act; and
	(c) registrable under section 17ZA(2) of that Act, as if it were a deed to	20
	which that provision applied.
37	Computer freehold register for licensed land
(1)	This section applies to the licensed land that is to be transferred to the Limited Partnership under section 35.
(2)	The Registrar-General must, in accordance with a written application by an	25
	authorised person,—
	(a) create a computer freehold register in the name of the Crown for the fee
	simple estate in the licensed land; and
	(b) record on the computer freehold register any interests that are registered,
	notified, or notifiable and that are described in the application; but	30
	(c) omit any statement of purpose from the computer freehold register.
(3)	Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.
(4)	In this section and section 38, authorised person means a person authorised by the chief executive of LINZ.	35

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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

38	Authorised person may grant covenant for later creation of computer freehold register
(1)	For the purposes of section 37, the authorised person may grant a covenant for the later creation of a computer freehold register for the licensed land.
(2)	Despite the Land Transfer Act 1952,—	5
	(a) the authorised person may request the Registrar-General to register the
	covenant under that Act by creating a computer interest register; and
	(b) the Registrar-General must comply with the request.
39	Application of other enactments
(1)	This section applies to the transfer to the Limited Partnership of the fee simple	10
	estate in the licensed land.
(2)	The transfer is a disposition for the purposes of Part 4A of the Conservation
	Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the
	disposition.
(3)	The transfer does not—	15
	(a) limit section 10 or 11 of the Crown Minerals Act 1991; or
	(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 collective	20
	deed in relation to the transfer.
(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 35, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to	25
	the transfer.
(7)	Subsection (6) is subject to subsections (2) and (3).
40	Licensed land ceases to be Crown forest land
(1)	The licensed land ceases to be Crown forest land upon the registration of the	30
	transfer of the fee simple estate in the land to the Limited Partnership.
(2)	However, the Crown, courts, and tribunals must not do or omit to do anything
	if that act or omission would, between the actual settlement date and the date of
	registration, be permitted by the Crown Forest Assets Act 1989 but be incon-
	sistent with this subpart, part 5 of the collective deed, or part 3 of the property	35
	redress schedule.

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41	Limited Partnership is confirmed beneficiary and licensor of licensed land
(1)	On and from the actual settlement date, the Limited Partnership is the con-
	firmed beneficiary under clause 11.1 of the Crown forestry rental trust deed in
	relation to the licensed land.
(2)	The effect of subsection (1) is that—	5
	(a) the Limited Partnership is entitled to the rental proceeds payable for the
	licensed land to the trustees of the Crown forestry rental trust under the
	Crown forestry licence since the commencement of the licence; and
	(b) all the provisions of the Crown forestry rental trust deed apply on the
	basis that the Limited Partnership is the confirmed beneficiary in relation	10
	to the licensed land.
(3)	On the actual settlement date, the Crown must give notice under section
	17(4)(b) of the Crown Forest Assets Act 1989 in respect of the Crown forestry
	licence, even though the Waitangi Tribunal has not made a recommendation
	under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of	15
	the licensed land.
(4)	Notice given by the Crown under subsection (3) has effect as if—
	(a) the Waitangi Tribunal made a recommendation under section 8HB(1)(a)
	of the Treaty of Waitangi Act 1975 for the return of the licensed land;
	and	20
	(b) the recommendation became final on the actual settlement date.
(5)	The Limited Partnership is the licensor under the Crown forestry licence as if
	the licensed land were returned to Māori ownership—
	(a) on the actual settlement date; and
	(b) under section 36 of the Crown Forest Assets Act 1989.	25
(6)	However, section 36(1)(b) of the Crown Forest Assets Act 1989 does not apply
	to the licensed land.
42	Effect of transfer of licensed land
(1)	Section 41 applies whether or not—
	(a) the transfer of the fee simple estate in the licensed land has been regis-	30
	tered; or
	(b) the processes described in clause 17.4 of the Crown forestry licence have
	been completed.
(2)	To the extent that the Crown has not completed the processes referred to in subsection (1)(b) before the actual settlement date, it must continue those processes—	35
	(a) on and after that date; and
	(b) until the processes are completed.

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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(3)	For the period starting on the actual settlement date and ending on the comple- tion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the licensed land is the
	amount calculated in the manner described in paragraphs 3.23 and 3.24 of the
	property redress schedule.	5
(4)	However, the calculation of the licence fee under subsection (3) is over- ridden by any agreement made by the Limited Partnership as licensor, the li-
	censee, and the owner of the balance of the land that is subject to the Crown
	forestry licence.
(5)	On and from the actual settlement date, references to the prospective proprie-	10
	tors in clause 17.4 of the Crown forestry licence must, in relation to the li-
	censed land, be read as references to the Limited Partnership and any prospect-
	ive or new proprietors of the balance of the land that is subject to the Crown
	forestry licence.
43	Effect of licensed land not being transferred	15
	If the licensed land is not transferred under Parts 1 to 3, the land is deemed to have been the subject of a final recommendation of the Waitangi Tribunal
	under section 8HB(1)(b) of the Treaty of Waitangi Act 1975 that the land not
	be liable to return to Māori ownership.
	Access to protected sites	20
44	Right of access to protected sites
(1)	The owner of land on which a protected site is situated and any person holding
	an interest in, or right of occupancy to, that land must allow Māori for whom
	the protected site is of cultural, historical, or spiritual significance to have ac-
	cess across the land to each protected site.	25
(2)	Subsection (1) takes effect on and from the actual settlement date.
(3)	The right of access may be exercised by vehicle or by foot over any reasonably
	convenient routes specified by the owner.
(4)	The right of access is subject to the following conditions:
	(a) a person intending to exercise the right of access must give the owner	30
	reasonable notice in writing of his or her intention to exercise that right;
	and
	(b) the right of access may be exercised only at reasonable times and during
	daylight hours; and
	(c) a person exercising the right of access must observe any conditions im-	35
	posed by the owner relating to the time, location, or manner of access
	that are reasonably required—
	(i) for the safety of people; or

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(ii) for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or

(iii) for operational reasons.

45	Right of access over licensed land
(1)	A right of access over licensed land is subject to the terms of any Crown forest-	5
	ry licence.
(2)	However, subsection (1) does not apply if the licensee has agreed to the right of access being exercised.
(3)	An amendment to a Crown forestry licence is of no effect to the extent that it
	would—	10
	(a) delay the date from which a person may exercise a right of access; or
	(b) adversely affect a right of access in any other way.
46	Right of access to be recorded on computer freehold register
(1)	This section applies to the transfer to the Limited Partnership of the licensed
	land.	15
(2)	The transfer instrument for the transfer must include a statement that the land is
	subject to a right of access to any protected sites on the land.
(3)	The Registrar-General must, upon the registration of the transfer of the land,
	record on any computer freehold register for the land that the land is subject to
	a right of access to protected sites on the land.	20

Subpart 2—Right of first refusal over RFR land

47 Interpretation

In this subpart and Schedule 3,—

control, for the purposes of paragraph (d) of the definition of Crown body, 25 means,—

(a) for a company, control of the composition of its board of directors; and

(b) for another body, control of the composition of the group that would be its board of directors if the body were a company

Crown body means— 30

(a) a Crown entity, as defined in section 7(1) of the Crown Entities Act 2004; and

(b) a State enterprise, as defined in section 2 of the State-Owned Enterprises Act 1986; and

Part 3 cl 47

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(d) a company or body that is wholly owned or controlled by 1 or more of the following:

(i) the Crown:

(ii) a Crown entity:

(iii) a State enterprise: 5

(iv) the New Zealand Railways Corporation; and

(e) a subsidiary or related company of a company or body referred to in

paragraph (d)

dispose of, in relation to RFR land,—

(a) means— 10

(i) to transfer or vest the fee simple estate in the land; or

(ii) to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but

(b) to avoid doubt, does not include— 15

(i) to mortgage, or give a security interest in, the land; or

(ii) to grant an easement over the land; or

(iii) to consent to an assignment of a lease, or to a sublease, of the land; or

(iv) to remove an improvement, a fixture, or a fitting from the land 20

expiry date, in relation to an offer, means its expiry date under sections 50(2)(a) and 51

notice means a notice given under this subpart

offer means an offer by an RFR landowner, made in accordance with section

50, to dispose of RFR land to the Limited Partnership 25

public work has the meaning given in section 2 of the Public Works Act 1981

related company has the meaning given in section 2(3) of the Companies Act 1993

RFR landowner, in relation to RFR land,—

(a) means the Crown, if the land is vested in the Crown or the Crown holds 30

the fee simple estate in the land; and

(b) means a Crown body, if the body holds the fee simple estate in the land; and

section 56(1); but 35

(d) to avoid doubt, does not include an administering body in which RFR land is vested after the settlement date under section 57(1)

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	RFR period means the period of 174 years on and from the settlement date subsidiary has the meaning given in section 5 of the Companies Act 1993.
48	Meaning of RFR land
(1)	In this subpart, RFR land means—
	(a) the land described in part 3 of the attachments if, on the settlement date, that land—	5
	(i) is vested in the Crown; or
	(ii) is held in fee simple by the Crown; and

(b) any land obtained in exchange for a disposal of RFR land under section 61(1)(c) or 62. 10

(2) Land ceases to be RFR land if—

(a) the fee simple estate in the land transfers from the RFR landowner to—

(i) the Limited Partnership or its nominee (for example, under a con- tract formed under section 54); or

(ii) any other person (including the Crown or a Crown body) under 15

section 49(d); or

(b) the fee simple estate in the land transfers or vests from the RFR land- owner to or in a person other than the Crown or a Crown body—

(i) under any of sections 58 to 64 (which relate to permitted dis- posals of RFR land); or 20

(ii) under any matter referred to in section 65(1) (which specifies matters that may override the obligations of an RFR landowner under this subpart); or

(c) the fee simple estate in the land transfers or vests from the RFR land- owner in accordance with a waiver or variation given under section 73; 25

(d) the RFR period for the land ends.

49 Restrictions on disposal of RFR land

An RFR landowner must not dispose of RFR land to a person other than the 30

Limited Partnership or its nominee unless the land is disposed of—

(a) under any of sections 55 to 64; or

(b) under any matter referred to in section 65(1); or

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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

	(d) within 12 months after the expiry date of an offer by the RFR landowner to dispose of the land to the Limited Partnership if the offer to the Limit- ed Partnership was—
	(i) made in accordance with section 50; and
	(ii) made on terms that were the same as, or more favourable to the Limited Partnership than, the terms of the disposal to the person; and	5
	(iii) not withdrawn under section 52; and
	(iv) not accepted under section 53.
	Limited Partnership’s right of first refusal	10
50	Requirements for offer
(1)	An offer by an RFR landowner to dispose of RFR land to the Limited Partner- ship must be by notice to the Limited Partnership.
(2)	The notice must include—
	(a) the terms of the offer, including its expiry date; and	15
	(b) the legal description of the land, including any interests affecting it, and the reference for any computer register for the land; and
	(c) a street address for the land (if applicable); and
	(d) a street address, postal address, and fax number or electronic address for the Limited Partnership to give notices to the RFR landowner in relation	20
	to the offer.
51	Expiry date of offer
(1)	The expiry date of an offer must be on or after the date that is 40 working days after the date on which the Limited Partnership receives notice of the offer.
(2)	However, the expiry date of an offer may be on or after the date that is 20 working days after the date on which the Limited Partnership receives notice of the offer if—	25
	(a) the Limited Partnership received an earlier offer to dispose of the land; and
	(b) the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and	30
	(c) the earlier offer was not withdrawn.
52	Withdrawal of offer
	The RFR landowner may, by notice to the Limited Partnership, withdraw an offer at any time before it is accepted.	35

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53	Acceptance of offer
(1)	The Limited Partnership 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.	5
(2)	The Limited Partnership must accept all the RFR land offered, unless the offer permits it to accept less.
54	Formation of contract
(1)	If the Limited Partnership accepts an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and the Limited Partnership on the terms in the offer.	10
(2)	The terms of the contract may be varied by written agreement between the RFR landowner and the Limited Partnership.
(3)	Under the contract, the Limited Partnership may nominate any person (the nominee) to receive the transfer of the RFR land.	15
(4)	The Limited Partnership may nominate a nominee only if—
	(a) the nominee is lawfully able to hold the RFR land; and
	(b) notice is given to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
(5)	The notice must specify—	20
	(a) the full name of the nominee; and
	(b) any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.
(6)	If the Limited Partnership nominates a nominee, the Limited Partnership re- mains liable for the obligations of the transferee under the contract.	25
	Disposals to others but land remains RFR land
55	Disposal to the Crown or Crown bodies
(1)	An RFR landowner may dispose of RFR land to—
	(a) the Crown; or
	(b) a Crown body.	30
(2)	To avoid doubt, the Crown may dispose of RFR land to a Crown body in ac- cordance with section 143(5) or 206 of the Education Act 1989.
56	Disposal of existing public works to local authorities
(1)	An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 of the Public Works Act 1981 to a local authority, as defined in section 2 of that Act.	35

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(2)	To avoid doubt, if RFR land is disposed of to a local authority under subsec- tion (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.
57	Disposal of reserves to administering bodies	5
(1)	An RFR landowner may dispose of RFR land in accordance with section 26 or
	26A of the Reserves Act 1977.
(2)	To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—
	(a) the RFR landowner of the land; or	10
	(b) subject to the obligations of an RFR landowner under this subpart.
(3)	However, if RFR land vests back in the Crown under section 25 or 27 of the
	Reserves Act 1977, the Crown becomes—
	(a) the RFR landowner of the land; and
	(b) subject to the obligations of an RFR landowner under this subpart.	15
	Disposals to others where land may cease to be RFR land
58	Disposal in accordance with obligations under enactment or rule of law
	An RFR landowner may dispose of RFR land in accordance with an obligation
	under any enactment or rule of law.
59	Disposal in accordance with legal or equitable obligations	20
	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 uncondi-
	tional on or after the settlement date; or	25
	(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 endow-
	ment, or a trust relating to the land.

60 Disposal under certain legislation 30

An RFR landowner may dispose of RFR land in accordance with—

(a) section 54(1)(d) of the Land Act 1948; or

(b) section 34, 43, or 44 of the Marine and Coastal Area (Takutai Moana)

Act 2011; or

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	(d) an Act that—
	(i) excludes the land from a national park within the meaning of the National Parks Act 1980; and
	(ii) authorises that land to be disposed of in consideration or part con- sideration for other land to be held or administered under the Con-	5
	servation Act 1987, the National Parks Act 1980, or the Reserves Act 1977.
61	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) or 41 of the Public Works Act 1981 (including as ap- plied by another enactment); or	10
	(b) section 52, 105(1), 106, 114(3), 117(7), or 119 of the Public Works Act 1981; or
	(c) section 117(3)(a) of the Public Works Act 1981; or
	(d) section 117(3)(b) of the Public Works Act 1981 if the land is disposed of to the owner of adjoining land; or	15
	(e) section 23(1) or (4), 24(4), or 26 of the New Zealand Railways Corpor- ation Restructuring Act 1990.
(2)	To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 of Te Ture Whenua Maori Act 1993, after an applica- tion by an RFR landowner under section 41(e) of the Public Works Act 1981.	20
62	Disposal for reserve or conservation purposes
	An RFR landowner may dispose of RFR land in accordance with—
	(a) section 15 of the Reserves Act 1977; or
	(b) section 16A or 24E of the Conservation Act 1987.	25
63	Disposal for charitable purposes
	An RFR landowner may dispose of RFR land as a gift for charitable purposes.
64	Disposal to tenants
	The Crown may dispose of RFR land—
	(a) that was held on the settlement date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or	30
	(b) under section 67 of the Land Act 1948, if the disposal is to a lessee under a lease of the land granted—
	(i) before the settlement date; or	35

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(ii) on or after the settlement date under a right of renewal in a lease granted before the settlement date; or

RFR landowner obligations

65	RFR landowner’s obligations subject to other matters	5
(1)	An RFR landowner’s obligations under this subpart in relation to RFR land are
	subject to—
	(a) any other enactment or rule of law except that, in the case of a Crown
	body, the obligations apply despite the purpose, functions, or objectives
	of the Crown body; and	10
	(b) any interest or legal or equitable obligation—
	(i) that prevents or limits an RFR landowner’s disposal of RFR land
	to the Limited Partnership; and
	(ii) that the RFR landowner cannot satisfy by taking reasonable steps;
	and	15
	(c) the terms of a mortgage over, or security interest in, RFR land.
(2)	Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment.

Notices about RFR land

66	Notice to LINZ of RFR land with computer register after settlement date	20
(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 no- xxxx that the land has become RFR land.	25
(3)	The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.
(4)	The notice must include the legal description of the land and the reference for the computer register.	30
67	Notice to Limited Partnership of disposal of RFR land to others
(1)	An RFR landowner must give the Limited Partnership notice of the disposal of RFR land by the landowner to a person other than the Limited Partnership or its nominee.
(2)	The notice must be given on or before the date that is 20 working days before the day of the disposal.	35

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(3) The notice must include—

(a) the legal description of the land, including any interests affecting it; and

(b) the reference for any computer register for the land; and

(d) the name of the person to whom the land is being disposed of; and 5

(e) an explanation of how the disposal complies with section 49; and

(f) if the disposal is to be made under section 49(d), a copy of any written contract for the disposal.

68	Notice to LINZ of land ceasing to be RFR land
(1)	This section applies if land contained in a computer register is to cease being	10
	RFR land because—
	(a) the fee simple estate in the land is to transfer from the RFR landowner
	to—
	(i) the Limited Partnership or its nominee (for example, under a con- tract formed under section 54); or	15
	(ii) any other person (including the Crown or a Crown body) under section 49(d); or
	(b) the fee simple estate in the land is to transfer or vest from the RFR land-
	owner to or in a person other than the Crown or a Crown body—
	(i) under any of sections 58 to 64; or	20
	(ii) under any matter referred to in section 65(1); or
	(c) the fee simple estate in the land is to transfer or vest from the RFR land- owner in accordance with a waiver or variation given under section 73.
(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	25
	land.
(3)	The notice must include—
	(a) the legal description of the land; and
	(b) the reference for the computer register for the land; and
	(c) the details of the transfer or vesting of the land.	30

69 Notice requirements

Schedule 3 applies to notices given under this subpart by or to—

(a) an RFR landowner; or

(b) the Limited Partnership.

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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

Right of first refusal recorded on computer registers

70	Right of first refusal to be recorded on computer registers for RFR land
(1)	The chief executive of LINZ must issue to the Registrar-General 1 or more cer-
	tificates that specify the legal descriptions of, and identify the computer regis-
	ters for,—	5
	(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	10
	the settlement date.
(2)	The chief executive must issue a certificate as soon as is reasonably practic-
	able—
	(a) after the settlement date, for RFR land for which there is a computer
	register on the settlement date; or	15
	(b) after receiving a notice under section 66 that a computer register has been created for the RFR land or that the land has become RFR land, for
	any other land.
(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 Limited Part-	20
	nership as soon as is reasonably practicable after issuing the certificate.
(5)	The Registrar-General must, as soon as is reasonably practicable after receiving
	a certificate issued under this section, record on each computer register for the
	RFR land identified in the certificate that the land is—
	(a) RFR land, as defined in section 48; and	25
	(b) subject to this subpart (which restricts disposal, including leasing, of the
	land).
71	Removal of notifications when land to be transferred or vested
(1)	The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 68, issue to the Registrar- General a certificate that includes—	30
	(a) the legal description of the land; and
	(b) the reference for the computer register for the land; and
	(c) the details of the transfer or vesting of the land; and
	(d) a statement that the certificate is issued under this section.	35
(2)	The chief executive must provide a copy of each certificate to the Limited Part-
	nership as soon as is reasonably practicable after issuing the certificate.

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(3)	If the Registrar-General receives a certificate issued under this section, he or
	she must, immediately before registering the transfer or vesting described in
	the certificate, remove from the computer register identified in the certificate any notification recorded under section 70 for the land described in the certif- icate.	5
72	Removal of notifications when RFR period ends
(1)	The chief executive of LINZ must, as soon as is reasonably practicable after
	the RFR period ends in respect of any RFR land, issue to the Registrar-General
	a certificate that includes—
	(a) the reference for each computer register for that RFR land that still has a notification recorded under section 70; and	10
	(b) a statement that the certificate is issued under this section.
(2)	The chief executive must provide a copy of each certificate to the Limited Part-
	nership as soon as is reasonably practicable after issuing the certificate.
(3)	The Registrar-General must, as soon as is reasonably practicable after receiving	15
	a certificate issued under this section, remove any notification recorded under section 70 from any computer register identified in the certificate.
	General provisions applying to right of first refusal
73	Waiver and variation
(1)	The Limited Partnership may, by notice to an RFR landowner, waive any or all	20
	of the rights the Limited Partnership has in relation to the landowner under this
	subpart.
(2)	The Limited Partnership 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	25
	period, specified in it.
74	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.
75	Assignment of rights and obligations under this subpart	30
(1)	Subsection (3) applies if the RFR holder—
	(a) assigns the RFR holder’s rights and obligations under this subpart to 1 or
	more persons in accordance with the RFR holder’s constitutional docu-
	ment; and
	(b) has given the notices required by subsection (2).	35
(2)	The RFR holder must give notices to each RFR landowner that—

Part 4 cl 76

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(a) state that the RFR holder’s rights and obligations under this subpart are being assigned under this section; and

(b) specify the date of the assignment; and

the name of the trust; and 5

(d) specify the street address, postal address, and fax number or electronic address for notices to the assignees.

(3) This subpart and Schedule 3 apply to the assignees (instead of to the RFR holder) as if the assignees were the Limited Partnership, with any necessary modifications. 10

(4) In this section,—

constitutional document means the trust deed or other instrument adopted for the governance of the RFR holder

RFR holder means the 1 or more persons who have the rights and obligations

of the Limited Partnership under this subpart, because— 15

(a) they are the Limited Partnership; or

(b) they have previously been assigned those rights and obligations under this section.

Part 4 Preliminary matters and settlement of historical claims 20

Preliminary matters

76 Purpose

The purpose of Parts 4 to 6 is—

(a) to record the acknowledgements and apology given by the Crown to Ngā Hapū o Ngāti Ranginui in the deed of settlement; and 25

(b) to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngā Hapū o Ngāti Ranginui.

77 Provisions to take effect on settlement date

(1) The provisions of Parts 4 to 6 take effect on the settlement date unless stated otherwise. 30

(2) Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—

(a) the provision to have full effect on that date; or

(b) a power to be exercised under the provision on that date; or

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o Ngāti Ranginui Claims Settlement Bill Part 4 cl 79

78	Act binds the Crown
	Parts 4 to 6 bind the Crown.
79	Outline
(1)	This section is a guide to the overall scheme and effect of Parts 4 to 6, but does not affect the interpretation or application of the other provisions of Parts 4 to 6 or of the deed of settlement.	5
(2)	This Part—
	(a) sets out the purpose of Parts 4 to 6; and
	(b) provides that the provisions of Parts 4 to 6 take effect on the settle-
	ment date unless a provision states otherwise; and	10
	(c) specifies that the Act binds the Crown; and
	(d) records the text of the acknowledgements and apology given by the
	Crown to Ngā Hapū o Ngāti Ranginui, as recorded in the deed of settle-
	ment; and
	(e) defines terms used in Parts 4 to 6, including key terms such as Ngā	15
	Hapū o Ngāti Ranginui and historical claims; and
	(f) provides that the settlement of the historical claims is final; and
	(g) provides for—
	(i) the effect of the settlement of the historical claims on the jurisdic-
	tion of a court, tribunal, or other judicial body in respect of the	20
	historical claims; and
	(ii) a consequential amendment to the Treaty of Waitangi Act 1975;
	and
	(iii) the effect of the settlement on certain memorials; and
	(iv) the exclusion of the law against perpetuities; and	25
	(v) access to the deed of settlement.
(3)	Part 5 provides for cultural redress, including—
	(a) cultural redress that does not involve the vesting of land, namely,—
	(i) a protocol for taonga tūturu on the terms set out in the documents
	schedule; and	30
	(ii) the provision of official geographic names; and
	(iii) the naming of reserves and the control and management of a re-
	serve; and
	(b) cultural redress requiring vesting in the trustees of the fee simple estate
	in certain properties, namely,—	35
	(i) the vesting in the trustees of cultural redress properties; and

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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

	(ii) the joint vesting in the trustees, and in the trustees of each settle-
	ment trust of 5 other iwi, of 2 properties (xxx xxx maunga) to be
	administered as reserves by a joint management body appointed
	by the new owners.
(4)	Part 6 provides for commercial redress, including—	5
	(a) authorisation for the transfer of commercial redress properties, commer-
	cial properties, and a deferred selection property to the trustees to give
	effect to the deed of settlement; and
	(b) the setting apart of certain commercial redress properties as Māori xxxxx-
	vations; and	10
	(c) provisions that apply to purchased contingent properties and relate to
	their transfer under the deed of settlement; and
	(d) a right of first refusal in relation to RFR land.
(5)	There are 3 schedules, as follows:
	(a) Schedule 4 describes the cultural redress properties:	15
	(b) Schedule 5 describes 2 properties (xxx xxx maunga) jointly vested in fee simple to be administered as reserves:
	(c) Schedule 6 sets out provisions that apply to notices given in relation to RFR land.
	Acknowledgements and apology of the Crown	20
80	Acknowledgements and apology
(1)	Section 81 records the text of the acknowledgements given by the Crown to Ngā Hapū o Ngāti Ranginui in the deed of settlement.
(2)	Section 82 records the text of the apology given by the Crown to Ngā Hapū o Ngāti Ranginui in the deed of settlement.	25
(3)	The acknowledgements and apology are to be read together with the historical
	account recorded in part 2 of the deed of settlement.
81	Acknowledgements
(1)	The Crown acknowledges it has failed to deal in a satisfactory way with griev-
	ances raised by successive generations of Ngāti Ranginui and that recognition	30
	of these grievances is long overdue.
(2)	The Crown acknowledges that it was ultimately responsible for the outbreak of
	war in Tauranga in 1864, and the resulting loss of life, and its actions were a
	breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The
	Crown also acknowledges that—	35
	(a) Crown troops killed members of Ngāti Ranginui hapū and wounded
	others at Pukehinahina and Te Ranga in 1864; and

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o Ngāti Ranginui Claims Settlement Bill Part 4 cl 81

(b) Ngāti Ranginui were faithful to the rules of engagement they set down prior to the battle at Pukehinahina and provided aid to wounded Crown troops.

(3) The Crown acknowledges that the Raupatu/confiscation of Ngāti Ranginui lands at Tauranga and the subsequent Tauranga District Lands Acts 1867 and 5 1868 were unjust and a breach of te Tiriti o Waitangi/the Treaty of Waitangi

and its principles. The Crown also acknowledges that—

(a) it returned some land to Ngāti Ranginui hapū in the form of individual- ised title rather than Māori customary title; and

(b) by awarding land within the xxxx of Ngāti Ranginui hapū to other Māori 10 as reward for assisting the Crown, the Crown exacerbated tensions be- tween the iwi of Tauranga Moana.

(4) The Crown further acknowledges that the Raupatu/confiscation and the subse- quent Tauranga District Lands Acts 1867 and 1868—

(a) had a devastating effect on the welfare and economy of Ngāti Ranginui 15 hapū and deprived those hapū of wāhi tapu, access to natural resources,

and opportunities for development at Tauranga; and

(b) prevented Ngāti Ranginui from exercising Mana and Rangatiratanga over land and resources within the Tauranga Moana.

(5) The Crown acknowledges that it failed to actively protect Ngāti Ranginui inter- 20 ests in lands they wished to retain when it initiated the purchase of Te Puna and Katikati blocks in 1864 without investigating the rights of Ngāti Ranginui hapū

to these lands and completed the purchase in 1871 despite Ngāti Ranginui op- position, and this failure was in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. 25

(6) The Crown acknowledges that—

(a) it inflicted a scorched earth policy in its assaults on Ngāti Ranginui dur- ing the xxxx campaign; and

(b) this destruction of Ngāti Ranginui Kāinga and cultivations further devas-

xxxxx the welfare and economy of Ngāti Ranginui hapū; and 30

(7) The Crown further acknowledges its conduct was unreasonable and unneces- sary and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its

principles. 35

(8) The operation and impact of the native land laws, in particular the awarding of land to individuals rather than to iwi and hapū, made the lands of Ngāti Rangi- nui hapū more susceptible to fragmentation, alienation, and partition, and this contributed to the undermining of the tribal structures of Ngāti Ranginui hapū,

which were based on collective hapū custodianship of land. The Crown ac- 40

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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

knowledges that its failure to protect these tribal structures was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

(9) The Crown acknowledges a number of flaws in the way that its agent conduc- xxx some of its land purchasing operations at Tauranga in 1886, such as—

(a) inducing named owners to sign blank receipts upon which the details of 5 blocks were later added; and

(b) misrepresenting single payments for particular blocks as multiple pay- ments across many blocks or as payments for a different block; and

(10) The Crown further acknowledges that, although it dismissed the land agent re- 10 sponsible, there is no evidence that it took steps to redress harm caused by these flaws.

(11) The Crown acknowledges that, between 1953 and 1974, it empowered the Māori Trustee to compulsorily acquire Ngāti Ranginui land interests which the Crown considered uneconomic, and this was in breach of te Tiriti o 15 Waitangi/the Treaty of Waitangi and its principles and deprived some Ngāti Ranginui of a direct link to their turangawaewae.

(12) The Crown acknowledges that it failed to ensure that Ngāti Ranginui were left with sufficient land for their present and future needs and this failure was a

breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. 20

(13) The Crown acknowledges the contribution made by Ngāti Ranginui to the na- tion’s defence when Ngāti Ranginui men volunteered for the 28th Māori Bat- talion and served overseas during the Second World War.

(14) The Crown acknowledges that the Raupatu/confiscation at Tauranga and many

of its subsequent polices have contributed to Ngāti Ranginui hapū enduring 25

long periods of social deprivation at Tauranga, many members of Ngāti Rangi- nui hapū leaving their xxxx, and those living within their xxxx suffering worse housing conditions and health, economic, and educational outcomes than other New Zealanders.

(15) The Crown acknowledges that the Crown’s takings of Ngāti Ranginui lands for 30

public works are a significant grievance for the hapū of Ngāti Ranginui. The Crown also acknowledges that—

(a) it took land of importance to Ngāti Ranginui hapū; and

(b) some public works projects severed sections of land belonging to Ngāti Ranginui hapū, creating sections with little or no economic use; and 35

(16) The Crown acknowledges that the compulsory status changes to Māori land titles carried out under the Māori Affairs Amendment Act 1967 weakened the

connection of many Ngāti Ranginui to their turangawaewae. 40

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(17) The Crown acknowledges—

(a) the significance of the land, forests, harbours, and waterways of Tau- ranga Moana to the hapū of Ngāti Ranginui as a physical and spiritual resource over which Ngāti Ranginui hapū acted as kaitiaki; and

(b) that the clearing of forests, development of the Port of Tauranga, the de- 5 velopment of the Mangapapa hydro scheme and the collapse of the Rua- hihi Canal, and the disposing of sewerage and wastewater into the har- bours and waterways of Tauranga Moana have resulted in environmental degradation of Tauranga Moana which remains a source of great distress

to the hapū of Ngāti Ranginui. 10

82	Apology
(1)	The Crown makes this apology to Ngāti Te Wai, Xxxxxxxxx, Ngāti Taka, the Wairoa hapū of Ngāti Rangi, Ngāti Pango, and Ngāti Kahu, Ngāti Hangarau, Ngāi Tamarāwaho, Xxxx Xx Ahi and Ngāti Ruahine, the hapū of Ngāti Rangi- nui, to your tūpuna and to your descendants.	15
(2)	The Crown unreservedly apologises for not having honoured its obligations to the hapū of Ngāti Ranginui under te Tiriti o Waitangi/the Treaty of Waitangi and profoundly regrets its failure to appropriately acknowledge the Mana and Rangatiratanga of Ngāti Ranginui for many generations.
(3)	The relationship between Ngāti Ranginui and the Crown, which should have been defined by the mutual respect and partnership inherent in te Tiriti o Xxx- xxxxx/the Treaty of Waitangi, was instead blighted by the injustices of war, Xxx- xxxx, the xxxx campaign, and the severe deprivation that flowed from these Crown actions. The Crown apologises for its actions and the burden carried by generations of Ngāti Ranginui who have suffered the consequences of war and	20 25
	raupatu which they continue to feel today.
(4)	The Crown deeply regrets that over time its actions severed Ngāti Ranginui hapū from their traditional lands, deprived them of opportunities for develop- ment, caused significant harm to the social and economic development of the Ngāti Ranginui, undermined the well-being of the iwi and its hapū, damaged	30
	their autonomy and ability to exercise customary rights and responsibilities, and marginalised them within their own xxxx.
(5)	Through this apology the Crown seeks atonement for the wrongs of the past and to establish a new relationship with the hapū of Ngāti Ranginui based upon mutual trust, co-operation, and respect for te Tiriti o Waitangi/the Treaty of	35
	Waitangi and its principles.

Part 4 cl 83

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

Interpretation provisions

83 Interpretation of Parts 4 to 6 generally

It is the intention of Parliament that the provisions of Parts 4 to 6 are inter- preted in a manner that best furthers the agreements expressed in the deed of settlement. 5

84 Interpretation

In Parts 4 to 6, unless the context otherwise requires,—

administering body has the meaning given in section 2(1) of the Reserves Act 1977

attachments means the attachments to the deed of settlement 10

commercial property has the meaning given in section 153 commercial redress property has the meaning given in section 153 computer register—

(a) has the meaning given in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and 15

(b) includes, where relevant, a certificate of title issued under the Land Transfer Act 1952

conservation area has the meaning given in section 2(1) of the Conservation Act 1987

Crown has the meaning given in section 2(1) of the Public Finance Act 1989 20

cultural redress property has the meaning given in section 105

deed of settlement—

(a) means the deed of settlement dated 21 June 2012 and signed by—

(i) the Honourable Xxxxxxxxxxx Xxxxxxxxx, Minister for Treaty of Waitangi Negotiations, and the Honourable Xxxxx Xxxxxxx Xxx- 25 xxxx, Minister of Finance, for and on behalf of the Crown; and

(ii) Xxxx Xxxx, Xxxxxxxxxx Xxxx, Xxxxxxxxx Xxxxxx Xxxxx, Xxxxxx Xx- xxxxx, Xxxxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxx Xxxxxxxx, Xxxxxxxxxx Xxxx, Xxxxx Xxxxxx, Xxxxx Xxxxx, Xx Xxx Xxxx, Xxxxx Xxxxx, Xx Xxxxxxxx Xx Xxxxx, and Xxx Xxxx for and on behalf of Ngā Hapū 30

o Ngāti Ranginui; and

(iii) Xxxxxxx Xxxxxx, Xx Xxx Xxxx, Te Ruruanga Te Keeti, Xxx Xxxxx, Xxxxxxxx Xxxxxxxxx, Xxxxx Xxxxx, Xxxxx Xxxxxx, and Xxxxxxxxx Xxxxxx Xxxxx as the trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust; and 35

(b) includes—

(i) the schedules of, and attachments to, the deed; and

Tauranga Moana Iwi Collective Redress and Ngā Hapū

o Ngāti Ranginui Claims Settlement Bill Part 4 cl 84

(ii) any amendments to the deed or its schedules and attachments~~, in-~~ ~~cluding the amendments made by the deed to amend dated~~ ~~26 September 2014~~

deferred selection property has the meaning given in section 153

Director-General means the Director-General of Conservation 5

documents schedule means the documents schedule of the deed of settlement

early release commercial property means a property described in part 3 of the property redress schedule—

(a) that did not become a commercial redress property under clause 6.7 of

the deed of settlement before the commencement of Parts 4 to 6; and 10

(b) for which the requirements for transfer under the deed of settlement have been satisfied

general matters schedule means the general matters schedule of the deed of settlement

hapū entity, in relation to a property or redress under Parts 4 to 6, means the 15

person or persons (including trustees)—

(a) who represent a hapū of Ngāti Ranginui, as determined by the trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust:

(b) to whom, therefore, the property may be on-transferred or the rights and obligations relating to the redress may be assigned under Parts 4 to 6 20

or the deed of settlement

hapū of Ngāti Ranginui means each of the following hapū to the extent it is composed of individuals described by section 85(1)(a):

(a) Ngāi Tamarāwaho:

(b) Xxxx Xx Ahi: 25

(d) Ngāti Ruahine:

(e) Ngāti Taka:

(f) Ngāti Te Wai:

(g) Pirirākau: 30

(h) Wairoa hapū, including Ngāti Kahu, Ngāti Pango, and Ngāti Rangi

historical claims has the meaning given in section 86

interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property

joint cultural redress property has the meaning given in section 135 35

LINZ means Land Information New Zealand

local authority has the meaning given in section 5(1) of the Local Government Act 2002

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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

member of Ngā Hapū o Ngāti Ranginui means an individual referred to in

section 85(1)(a)

Ngā Hapū o Ngāti Ranginui Settlement Trust means the trust of that name established by a trust deed dated 19 June 2012

property redress schedule means the property redress schedule of the deed of 5 settlement

purchased contingent property has the meaning given in section 162

Registrar-General means the Registrar-General of Land appointed under sec- tion 4 of the Land Transfer Act 1952

representative entity means— 10

(a) the trustees; and

(b) any person (including any trustee) acting for or on behalf of—

(i) the collective group referred to in section 85(1)(a); or

(ii) 1 or more members of Ngā Hapū o Ngāti Ranginui; or

(iii) 1 or more of the whānau, hapū, or groups referred to in section 15

85(1)(c)

reserve has the meaning given in section 2(1) of the Reserves Act 1977

reserve property has the meaning given in section 105

RFR means the right of first refusal provided for by subpart 4 of Part 6

RFR land has the meaning given in section 166 20

settlement date means the date that is 20 working days after the date on which

Parts 4 to 6 come into force

Te Tāhuhu o Tawakeheimoa Trust has the meaning given in section 13 of the Ngāti Rangiwewehi Claims Settlement Act 2014

tikanga means customary values and practices 25

trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust and trustees mean the trustees, acting in their capacity as trustees, of the Ngā Hapū o Ngāti Ranginui Settlement Trust

working day means a day other than—

(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac 30

Day, the Sovereign’s birthday, and Labour Day:

(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol- lowing Monday:

ing with the close of 15 January in the following year: 35

(d) the days observed as the anniversaries of the provinces of Auckland and Wellington.

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o Ngāti Ranginui Claims Settlement Bill Part 4 cl 85

85	Meaning of Ngā Hapū o Ngāti Ranginui
(1)	In Parts 4 to 6, Ngā Hapū o Ngāti Ranginui—
	(a) means the collective group composed of individuals who are descended from a tupuna or ancestor of Ngā Hapū o Ngāti Ranginui; and
	(b) includes those individuals; and	5
	(c) includes any whānau, hapū, or group to the extent that it is composed of those individuals.
(2)	In this section and section 86,—
	area of interest means the areas shown as the Ngāti Ranginui area of interest and the Ngāti Ranginui coastal area of interest in part 1 of the attachments	10
	customary rights means rights exercised according to tikanga Māori, includ- ing—
	(a) rights to occupy land; and
	(b) rights in relation to the use of land or other natural or physical resources
	descended means that a person is descended from another person by—	15
	(a) birth; or
	(b) legal adoption; or
	(c) Māori customary adoption in accordance with Ngā Hapū o Ngāti Rangi- nui tikanga
	tupuna or ancestor of Ngā Hapū o Ngāti Ranginui means an individual who—	20
	(a) exercised customary rights by virtue of being descended from Ranginui or a recognised ancestor of any of the following groups:
	(i) Pirirākau, whose recognised ancestors include Tutereinga and Maungapohatu (also known as Te Ua Maungapohatu):	25
	(ii) Ngāti Taka, whose recognised ancestors include Te Ua Maunga- pohatu:
	(iii) Wairoa hapū, including the following groups:
	(A) Ngāti Rangi, whose recognised ancestors include Pakaru- wakanui:	30
	(B) Ngāti Kahu, whose recognised ancestors include Herewini Te Kaiamo and Perahia:
	(C) Ngāti Pango, whose recognised ancestors include Te Poria and Pango:
	(iv) Ngāti Hangarau:	35
	(v) Ngāi Tamarāwaho, whose recognised ancestors include Tahuriwa- kanui:

Part 4 cl 86

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(vi) Xxxx Xx Ahi, whose recognised ancestors include Ngaruinga and Tamahika:

(vii) Ngāti Ruahine:

(viii) Ngāti Te Wai; and

(b) exercised the customary rights predominantly in relation to the area of 5 interest at any time after 6 February 1840.

86	Meaning of historical claims
(1)	In Parts 4 to 6, historical claims—
	(a) means the claims described in subsection (2); and
	(b) includes the claims described in subsection (3); but	10
	(c) does not include the claims described in subsection (4).
(2)	The historical claims are every claim that Ngā Hapū o Ngāti Ranginui or a rep-
	resentative entity had on or before the settlement date, or may have after the
	settlement date, and that—
	(a) is founded on a right arising—	15
	(i) from the Treaty of Waitangi or its principles; or
	(ii) under legislation; or
	(iii) at common law (including aboriginal title or customary law); or
	(iv) from a fiduciary duty; or
	(v) otherwise; and	20
	(b) arises from, or relates to, acts or omissions before 21 September 1992—
	(i) by or on behalf of the Crown; or
	(ii) by or under legislation.
(3)	The historical claims include—
	(a) a claim to the Waitangi Tribunal that relates exclusively to Ngā Hapū o	25
	Ngāti Ranginui or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:
	(i) Wai 42(a)—Ngāti Kahu, Ngāti Rangi, and Ngāti Pango claim:
	(ii) Wai 227—Pirirākau claim:
	(iii) Wai 362—Ngāti Ruahine claim:	30
	(iv) Wai 370—Xxxx Xx Ahi claim:
	(v) Wai 659—Ngāi Tamarāwaho claim:
	(vi) Wai 672—Ngāti Hangarau, and Ngamanawa Incorporation claim
	Wai 503:
	(vii) Wai 727—Ngāti Taka claim:	35
	(viii) Wai 1931—Ngāi Tamarāwaho claim:

Tauranga Moana Iwi Collective Redress and Ngā Hapū

o Ngāti Ranginui Claims Settlement Bill Part 4 cl 87

(ix) Wai 2264—Management of the Wairoa River (Pihema) claim; and

(b) any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Ngā Hapū o Ngāti Ranginui or a representative entity:

(i) Wai 42(b)—Ngāti Ranginui land claim: 5

(ii) Wai 42(d)—Ngāti Ranginui land claim:

(iii) Wai 47—Ngāti Pukenga, Xxxx Xx Rangi, and Ngāti Ranginui land and resources claim:

(iv) Wai 86—Waikareao Estuary claim:

(v) Wai 208—Bethlehem school site claim: 10

(vi) Wai 336—The Ancestral Lands and Energy Companies Act 1992 claim:

(vii) Wai 360—Matapihi Ohuki No. 3 claim:

(viii) Wai 465—Maungatapu and Kaitemako claim:

(ix) Wai 580—Otamataha Land claim: 15

(x) Wai 611—Ngāti Ranginui interests claim:

(xi) Wai 707—Parish of Te Puna claim:

(xii) Wai 708—Tauranga Harbour (Pirirākau) claim:

(xiii) Wai 853—Local Government Act claim:

(xiv) Wai 1793—Wairoa and Valley Roads lands claim. 20

(4) However, the historical claims do not include—

(a) a claim that a member of Ngā Hapū o Ngāti Ranginui, or a whānau, hapū, or group referred to in section 85(1)(c), had or may have that is founded on a right arising by virtue of being descended from an ancestor

who is not a tupuna or ancestor of Ngā Hapū o Ngāti Ranginui; or 25

(b) a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).

(5) A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement

date. 30

Historical claims settled and jurisdiction of courts, etc, removed

87	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.	35
(3)	Subsections (1) and (2) do not limit—

Part 4 cl 88

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(a) the deed of settlement; or

(b) the collective deed.

(4) Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction

to inquire or further inquire, or to make a finding or recommendation) in re- 5 spect of—

(a) the historical claims; or

(b) the deed of settlement; or

(d) the redress provided under the deed of settlement or Parts 4 to 6; or 10

(e) each of the following, to the extent it relates to Ngā Hapū o Ngāti Rangi- nui:

(i) the collective deed:

(ii) the collective Act:

(iii) the redress provided under the collective deed or the collective 15

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, the collective deed, Parts 4 to 6, or the collective Act.

(6) In this section,— 20

collective Act means Parts 1 to 3 of the Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Act 2015

collective deed means the collective deed defined in section 8 of the collect- ive Act.

Amendment to Treaty of Waitangi Act 1975 25

Amendment to Treaty of Waitangi Act 1975

(1)

This section amends the Treaty of Waitangi Act 1975.

(2)

In Schedule 3, insert in its appropriate alphabetical order “Parts 4 to 6 of the Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Act 2015, section 87(4) and (5)”.

89	Certain enactments do not apply
(1)	The enactments listed in subsection (2) do not apply—
	(a) to a cultural redress property; or
	(b) to a joint cultural redress property on and from its vesting date under subpart 5 of Part 5; or	35

Tauranga Moana Iwi Collective Redress and Ngā Hapū

o Ngāti Ranginui Claims Settlement Bill Part 4 cl 90

(d) to an early release commercial property; or

(e) to a commercial property or the deferred selection property on and from the date of its transfer to the trustees; or

(f) to a purchased contingent property on and from its transfer date under 5

subpart 3 of Part 6; or

(g) to the RFR land; or

(h) for the benefit of Ngā Hapū o Ngāti Ranginui or a representative entity.

(2) The enactments are—

(a) (b)	Part 3 of the Crown Forest Assets Act 1989: sections 211 to 213 of the Education Act 1989:	10
(c)	Part 3 of the New Zealand Railways Corporation Restructuring Act 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.	15
90	Resumptive memorials to be cancelled
(1)	The chief executive of LINZ must issue to the Registrar-General 1 or more cer- tificates that specify the legal description of, and identify the computer register for, each allotment that—
	(a) is all or part of—	20

(i) a cultural redress property; or

(ii) a joint cultural redress property; or

(iii) a commercial redress property; or

(iv) an early release commercial property; or

(v) a commercial property; or 25

(vi) the deferred selection property; or

(vii) a purchased contingent property; or

(viii) the RFR land; and

(b) is subject to a resumptive memorial recorded under an enactment listed

in section 89(2). 30

(2) The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after—

(a) the settlement date, for a cultural redress property, a commercial redress property, an early release commercial property, or the RFR land; or

(b) the vesting date of the property under subpart 5 of Part 5, for a joint 35

cultural redress property; or

Part 4 cl 91

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(c) the date of transfer of the property to the trustees, for a commercial prop- erty or the deferred selection property; or

(d) the transfer date of the property under subpart 3 of Part 6, for a pur- chased contingent property.

(3) Each certificate must state that it is issued under this section. 5

(4) As soon as is reasonably practicable after receiving a certificate, the Registrar- General must—

(a) register the certificate against each computer register identified in the certificate; and

(b) cancel each memorial recorded under an enactment listed in section 10

89(2) on a computer register identified in the certificate, but only in re- spect of each allotment described in the certificate.

91 Rule against perpetuities does not apply

(1) The rule against perpetuities and the provisions of the Perpetuities Act 1964— 15

(a) do not prescribe or restrict the period during which—

(i) the Ngā Hapū o Ngāti Ranginui Settlement Trust may exist in law; or

(ii) the trustees may hold or deal with property or income derived

from property; and 20

(b) do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the docu- ment, invalid or ineffective.

(2) However, if the Ngā Hapū o Ngāti Ranginui Settlement Trust is, or becomes, a 25

charitable trust, the application (if any) of the rule against perpetuities or of any provision of the Perpetuities Act 1964 to that trust must be determined under the general law.

92 Access to deed of settlement

The chief executive of the Ministry of Justice must make copies of the deed of 30

settlement available—

(a) for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and

(b) free of charge on an Internet site maintained by or on behalf of the Min- 35 istry of Justice.

Tauranga Moana Iwi Collective Redress and Ngā Hapū

o Ngāti Ranginui Claims Settlement Bill Part 5 cl 95

Part 5 Cultural redress

Subpart 1—Protocol

93	Interpretation
	In this subpart,—	5
	protocol—
	(a) means the taonga tūturu protocol issued under section 94(1)(a); and
	(b) includes any amendments made under section 94(1)(b)
	responsible Minister means—
	(a) the Minister for Arts, Culture and Heritage; or	10
	(b) any other Minister of the Crown authorised by the Prime Minister to ex- ercise powers and perform functions and duties in relation to the proto- col.

General provisions applying to protocol

94 Issuing, amending, and cancelling protocol 15

(1) The responsible Minister—

(a) must issue a protocol to the trustees on the terms set out in part 1 of the documents schedule; and

(b) may amend or cancel that protocol.

(2) The responsible Minister may amend or cancel the protocol at the initiative 20

of—

(a) the trustees; or

(b) the responsible Minister.

(3) The responsible Minister may amend or cancel the protocol only after consult-

ing, and having particular regard to the views of, the trustees. 25

95 Protocol subject to rights, functions, and duties

The protocol does not restrict—

(a) the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for ex-

ample, the ability— 30

(i) to introduce legislation and change Government policy; and

(ii) to interact with or consult a person the Crown considers appropri- ate, including any iwi, hapū, marae, whānau, or other representa- tive of tangata whenua; or

Part 5 cl 96

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

	(b) the responsibilities of the responsible Minister or a department of State; or
	(c) the legal rights of Ngā Hapū o Ngāti Ranginui or a representative entity.
96	Enforcement of protocol
(1)	The Crown must comply with the protocol while it is in force.	5
(2)	If the Crown fails to comply with the protocol without good cause, the trustees
	may enforce the protocol, subject to the Crown Proceedings Act 1950.
(3)	Despite subsection (2), damages or other forms of monetary compensation
	are not available as a remedy for a failure by the Crown to comply with the
	protocol.	10
(4)	To avoid doubt,—
	(a) subsections (1) and (2) do not apply to guidelines developed for the
	implementation of the protocol; and
	(b) subsection (3) does not affect the ability of a court to award costs in- curred by the trustees in enforcing the protocol under subsection (2).	15
97	Limitation of rights
(1)	The protocol does not have the effect of granting, creating, or providing evi-
	dence of an estate or interest in, or rights relating to, taonga tūturu.
(2)	In this section, taonga tūturu—
	(a) has the meaning given in section 2(1) of the Protected Objects Act 1975;	20
	and
	(b) includes ngā taonga tūturu, as defined in section 2(1) of that Act.

Subpart 2—Official geographic names

98	Interpretation
	In this subpart,—	25
	Act means the New Zealand Geographic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008
	Board has the meaning given in section 4 of the Act
	official geographic name has the meaning given in section 4 of the Act.
99	Official geographic names	30
(1)	A name specified in the first column of the table in clause 5.17.1 of the deed of settlement is the official geographic name of the feature described in the sec- ond and third columns of that table.
(2)	A name specified in the second column of the table in clause 5.17.2 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.	35

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(3)	Each official geographic name is to be treated as if it were an official geograph- ic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19 of the Act.
100	Publication of official geographic names
(1)	The Board must, as soon as practicable after the settlement date, give public	5
	notice, in accordance with section 21(2) and (3) of the Act, of each official geographic name specified under section 99.
(2)	The notice must state that each official geographic name became an official
	geographic name on the settlement date.
101	Subsequent alteration of official geographic names	10
(1)	In making a determination to alter the official geographic name of a feature
	named under this subpart, the Board—
	(a) need not comply with section 16, 17, 18, 19(1), or 20 of the Act; but
	(b) must have the written consent of the trustees.
(2)	To avoid doubt, the Board must give public notice of the determination in ac-	15
	cordance with section 21(2) and (3) of the Act.

Subpart 3—Naming of reserves and control and management of reserve

102	Te Wharepoti / Xxxxxxxx Xxxxxxx Wildlife Management Reserve
(1)	This section applies to Xxxxxxxx Xxxxxxx Wildlife Management Reserve, mean-
	ing the land comprising 3.4805 hectares, more or less, being Part Allotment 92	20
	Te Papa Parish (all computer freehold register SA5A/642), as shown on deed
	plan OTS–078–017.
(2)	The name of the reserve is changed to Te Wharepoti / Xxxxxxxx Xxxxxxx Xxxx-
	life Management Reserve.
(3)	The trustees are the administering body of the reserve as if they were appointed	25
	to control and manage the reserve under section 35 of the Reserves Act 1977.
103	Te Wahapū o Te Hopuni Wildlife Management Reserve
	The name of Jess Road Wildlife Management Reserve is changed to Te Waha-
	pū o Te Hopuni Wildlife Management Reserve.
104	Official geographic names, publication, and subsequent alteration	30
(1)	The new name given to a reserve under section 102 or 103 is to be treated as if—
	(a) it were an official geographic name that takes effect on the settlement
	date; and
	(b) it had first been reviewed and concurred with by the Board under subpart	35
	3 of Part 2 of the Act.

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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(2) The Board must, as soon as practicable after the settlement date,—

(a) give public notice of each new name in accordance with section 21(2)(a) and (b) and (3) of the Act; but

(b) state in the notice that the new name became an official geographic name on the settlement date. 5

(3) The official geographic name of a reserve named under this section must not be changed in accordance with subpart 3 of Part 2 of the Act without the written consent of the trustees, and any requirements under that subpart or another en- actment for public notice of or consultation about the proposed name do not apply. 10

(4) In this section,—

Act means the New Zealand Geographic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008

Board has the meaning given in section 4 of the Act

official geographic name has the meaning given in section 4 of the Act. 15

Subpart 4—Vesting of cultural redress properties

105 Interpretation

In this subpart,—

cultural redress property means each of the following properties, and each property means the land of that name described in Schedule 4: 20

Properties vested in fee simple to be administered as reserves

(a)	Ohauiti:
(b)	Omanawa River property:
(c)	Tahawai:
(d)	Te Awa o Ngāumuwahine:	25
(e)	Te Hopuni:
(f)	Te Rī o Ruahine:
(g)	Te Rī o Tamarāwaho:
(h)	Te Wai o Ngāumuwahine:
(i)	Waikareao Estuary property:	30
(j)	Waimanu ki uta:
(k)	Wainui River property:
(l)	Waireia:
	Properties vested in fee simple subject to conservation covenants
(m)	Oraeroa:	35
(n)	Te Kaki:

Tauranga Moana Iwi Collective Redress and Ngā Hapū

o Ngāti Ranginui Claims Settlement Bill Part 5 cl 109

School property vested in fee simple subject to lease

(o) Omokoroa School property

reserve property means each of the properties named in paragraphs (a) to

(l) of the definition of cultural redress property.

	Properties vested in fee simple to be administered as reserves	5
106	Ohauiti
(1)	Ohauiti ceases to be a conservation area under the Conservation Act 1987.
(2)	The fee simple estate in Ohauiti vests in the trustees.
(3)	Ohauiti is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.	10
(4)	The reserve is named Ohauiti Scenic Reserve.
000	Xxxxxxx Xxxxx property
(1)	The Omanawa River property ceases to be a conservation area under the Con- servation Act 1987.
(2)	The fee simple estate in the Omanawa River property vests in the trustees.	15
(3)	The Omanawa River property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)	The reserve is named Omanawa River Scenic Reserve.
000	Xxxxxxx
(1)	Tahawai (being part of Kaimai Mamaku Conservation Park) ceases to be part of the Park and a conservation area under the Conservation Act 1987.	20
(2)	The fee simple estate in Tahawai vests in the trustees.
(3)	Tahawai is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)	The reserve is named Tahawai Scenic Reserve.	25
109	Te Awa o Ngāumuwahine
(1)	Te Awa o Ngāumuwahine (being part of Kaimai Mamaku Conservation Park) ceases to be part of the Park and a conservation area under the Conservation Act 1987.
(2)	The fee simple estate in Te Awa o Ngāumuwahine vests in the trustees.	30
(3)	Te Awa o Ngāumuwahine is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.
(4)	The reserve is named Te Awa o Ngāumuwahine Recreation Reserve.

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(5)	Subsections (1) to (4) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and con- ditions set out in part 2.6 of the documents schedule.
(6)	Despite the provisions of the Reserves Act 1977, the easement—
	(a) is enforceable in accordance with its terms; and	5
	(b) is to be treated as having been granted in accordance with that Act.
110	Te Hopuni
(1)	The vesting of Te Hopuni in Bay of Plenty Regional Council is cancelled.
(2)	The reservation of Te Hopuni as a reserve subject to the Reserves Act 1977 is revoked.	10
(3)	Te Hopuni ceases to be subject to the Tauranga Foreshore Vesting and Endow- ment Act 1915.
(4)	The fee simple estate in Te Hopuni vests in the trustees.
(5)	Te Hopuni is declared a reserve and classified as a local purpose reserve, for the purpose of a cultural centre, subject to section 23 of the Reserves Act 1977.	15
(6)	The reserve is named Te Hopuni Local Purpose (Cultural Centre) Reserve.
000	Xx Xx o Ruahine
(1)	Te Rī o Ruahine ceases to be a conservation area under the Conservation Act 1987.
(2)	The fee simple estate in Te Rī o Ruahine vests in the trustees.	20
(3)	Te Rī o Ruahine is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)	The reserve is named Te Rī o Ruahine Scenic Reserve.
112	Te Rī o Tamarāwaho
(1)	Te Rī o Tamarāwaho ceases to be a conservation area under the Conservation Act 1987.	25
(2)	The fee simple estate in Te Rī o Tamarāwaho vests in the trustees.
(3)	Te Rī o Tamarāwaho is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)	The reserve is named Te Rī o Tamarāwaho Scenic Reserve.	30
113	Te Wai o Ngāumuwahine
(1)	Te Wai o Ngāumuwahine (being part of Kaimai Mamaku Conservation Park) ceases to be part of the Park and a conservation area under the Conservation Act 1987.
(2)	The fee simple estate in Te Wai o Ngāumuwahine vests in the trustees.	35

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(3)	Te Wai o Ngāumuwahine is declared a reserve and classified as a recreation re-
	serve subject to section 17 of the Reserves Act 1977.
(4)	The reserve is named Te Wai o Ngāumuwahine Recreation Reserve.
(5)	Subsections (1) to (4) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and con-	5
	ditions set out in part 2.6 of the documents schedule.
(6)	Despite the provisions of the Reserves Act 1977, the easement—
	(a) is enforceable in accordance with its terms; and
	(b) is to be treated as having been granted in accordance with that Act.
114	Waikareao Estuary property	10
(1)	The Waikareao Estuary property ceases to be a conservation area under the
	Conservation Act 1987.
(2)	The fee simple estate in the Waikareao Estuary property vests in the trustees.
(3)	The Waikareao Estuary property is declared a reserve and classified as a recre-
	ation reserve subject to section 17 of the Reserves Act 1977.	15
(4)	The reserve is named Waikareao Estuary Recreation Reserve.
115	Waimanu ki uta
(1)	Waimanu ki uta (being part of Kaimai Mamaku Conservation Park) ceases to
	be part of the Park and a conservation area under the Conservation Act 1987.
(2)	The fee simple estate in Waimanu ki uta vests in the trustees.	20
(3)	Waimanu ki uta is declared a reserve and classified as a recreation reserve sub-
	ject to section 17 of the Reserves Act 1977.
(4)	The reserve is named Waimanu ki uta Recreation Reserve.
(5)	Subsections (1) to (4) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and con-	25
	ditions set out in part 2.7 of the documents schedule.
(6)	Despite the provisions of the Reserves Act 1977, the easement—
	(a) is enforceable in accordance with its terms; and
	(b) is to be treated as having been granted in accordance with that Act.
000	Xxxxxx River property	30
(1)	The reservation of the Wainui River property (being Wainui River Scenic Re-
	serve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)	The fee simple estate in the Wainui River property vests in the trustees.
(3)	The Wainui River property is declared a reserve and classified as a scenic re-
	serve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.	35
(4)	The reserve is named Wainui River Scenic Reserve.

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117	Waireia
(1)	Waireia ceases to be a conservation area under the Conservation Act 1987.
(2)	The fee simple estate in Waireia vests in the trustees.
(3)	Waireia is declared a reserve and classified as a recreation reserve subject to
	section 17 of the Reserves Act 1977.	5
(4)	The reserve is named Waireia Recreation Reserve.
	Properties vested in fee simple subject to conservation covenants
118	Oraeroa
(1)	Oraeroa (being part of Kaimai Mamaku Conservation Park) ceases to be part of
	the Park and a conservation area under the Conservation Act 1987.	10
(2)	The fee simple estate in Oraeroa vests in the trustees.
(3)	Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Oraeroa on the terms and
	conditions set out in part 2.4 of the documents schedule.
(4)	The covenant is to be treated as a conservation covenant for the purposes of	15
	section 77 of the Reserves Act 1977.
119	Te Kaki
(1)	Te Kaki ceases to be a conservation area under the Conservation Act 1987.
(2)	The fee simple estate in Te Kaki vests in the trustees.
(3)	Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Te Kaki on the terms and	20
	conditions set out in part 2.5 of the documents schedule.
(4)	The covenant is to be treated as a conservation covenant for the purposes of—
	(a) section 77 of the Reserves Act 1977; and
	(b) section 27 of the Conservation Act 1987.	25
	School property vested in fee simple subject to lease
120	Omokoroa School property
(1)	The fee simple estate in the Omokoroa School property vests in the trustees.
(2)	Subsection (1) does not take effect until the trustees have provided the Crown with a registrable lease of the Omokoroa School property on the terms	30
	and conditions set out in part 2.1 of the documents schedule.

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	General provisions applying to vesting of cultural redress properties
121	Properties vest subject to or together with interests
	Each cultural redress property vested under this subpart is subject to, or has the
	benefit of, any interests listed for the property in Schedule 4.
122	Interests that are not interests in land	5
(1)	This section applies if a cultural redress property is subject to an interest (other
	than an interest in land) that is listed for the property in Schedule 4 and for
	which there is a grantor, whether or not the interest also applies to land outside
	the cultural redress property.
(2)	The interest applies as if the owners of the cultural redress property were the	10
	grantor of the interest in respect of the property.
(3)	The interest applies—
	(a) until the interest expires or is terminated, but any subsequent transfer of
	the cultural redress property must be ignored in determining whether the
	interest expires or is or may be terminated; and	15
	(b) with any other necessary modifications; and
	(c) despite any change in status of the land in the property.
123	Registration of ownership
(1)	This section applies to a cultural redress property vested in the trustees under
	this subpart.	20
(2)	Subsection (3) applies to a cultural redress property, but only to the extent
	that the property is all of the land contained in a computer freehold register.
(3)	The Registrar-General must, on written application by an authorised person,—
	(a) register the trustees as the proprietors of the fee simple estate in the
	property; and	25
	(b) record any entry on the computer freehold register, and do anything else,
	that is necessary to give effect to this subpart and to part 5 of the deed of
	settlement.
(4)	Subsection (5) applies to a cultural redress property, but only to the extent that subsection (2) does not apply to the property.	30
(5)	The Registrar-General must, in accordance with a written application by an
	authorised person,—
	(a) create a computer freehold register for the fee simple estate in the prop-
	erty in the name of the trustees; and
	(b) record on the computer freehold register any interests that are registered,	35
	notified, or notifiable and that are described in the application.

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(6)	Subsection (5) is subject to the completion of any survey necessary to create a computer freehold register.
(7)	A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—
	(a) 24 months after the settlement date; or	5
	(b) any later date that may be agreed in writing by the Crown and the trustees.
(8)	In this section, authorised person means a person authorised by—
	(a) the chief executive of the Ministry of Education, for the Omokoroa School property:	10
	(b) the Director-General, for all other properties.
124	Application of Part 4A of Conservation Act 1987
(1)	The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A of the Conserva- tion Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to	15
	the disposition.
(2)	Section 24 of the Conservation Act 1987 does not apply to the vesting of a re- serve property.
(3)	If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from sec- tion 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property.	20
(4)	Subsections (2) and (3) do not limit subsection (1).
125	Matters to be recorded on computer freehold register
(1)	The Registrar-General must record on the computer freehold register for—	25

(a) a reserve property—

(i) that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and

(ii) that the land is subject to sections 124(3) and 129; and

(b) any other cultural redress property that the land is subject to Part 4A of 30 the Conservation Act 1987.

(2) A notification made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.

(3) For a reserve property, if the reservation of the property under this subpart is 35 revoked for—

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	(a) all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that—
	(i) section 24 of the Conservation Act 1987 does not apply to the
	property; and	5
	(ii) the property is subject to sections 124(3) and 129; or
	(b) part of the property, the Registrar-General must ensure that the notifica- tions referred to in paragraph (a) remain only on the computer free- hold register for the part of the property that remains a reserve.
(4)	The Registrar-General must comply with an application received in accordance with subsection (3)(a).	10
126	Application of other enactments
(1)	The vesting of the fee simple estate in a cultural redress property under this
	subpart does not—
	(a) limit section 10 or 11 of the Crown Minerals Act 1991; or	15
	(b) affect other rights to subsurface minerals.
(2)	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 a cultural redress property.	20
(3)	Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation,
	under this subpart, of the reserve status of a cultural redress property.
(4)	Section 11 and Part 10 of the Resource Management Act 1991 do not apply
	to—
	(a) the vesting of the fee simple estate in a cultural redress property under	25
	this subpart; or
	(b) any matter incidental to, or required for the purpose of, the vesting.
127	Names of Crown protected areas discontinued
(1)	Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the settlement date, was all or part of a	30
	Crown protected area.
(2)	The official geographic name of the Crown protected area is discontinued in re-
	spect of the land, or the part of the land, and the Board must amend the Gazet-
	xxxx accordingly.
(3)	In this section, Board, Crown protected area, Gazetteer, and official geo-	35
	graphic name have the meanings given in section 4 of the New Zealand Geo-
	graphic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008.

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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

Further provisions applying to reserve properties

128	Application of other enactments to reserve properties
(1)	The trustees are the administering body of a reserve property.
(2)	Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in
	relation to a reserve property.	5
(3)	If the reservation of a reserve property under this subpart is revoked under sec-
	tion 24 of the Reserves Act 1977 for all or part of the property, section 25(2) of
	that Act applies to the revocation, but not the rest of section 25 of that Act.
(4)	A reserve property is not a Crown protected area under the New Zealand Geo-
	graphic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008, despite anything in	10
	that Act.
(5)	A reserve property must not have a name assigned to it, or have its name
	changed, under section 16(10) of the Reserves Act 1977 without the written
	consent of the owners of the property, and section 16(10A) of that Act does not
	apply to the proposed name.	15
129	Subsequent transfer of reserve land
(1)	This section applies to all or the part of a reserve property that remains a re-
	serve under the Reserves Act 1977 after the property has vested in the trustees
	under this subpart.
(2)	The fee simple estate in the reserve land in Te Rī o Tamarāwaho or Te Rī o	20
	Ruahine may be transferred only to a hapū entity or the trustees of Te Tāhuhu o
	Tawakeheimoa Trust and only in accordance with section 130 or 132.
(3)	The fee simple estate in the reserve land in any other property may be transfer-
	red to any other person only in accordance with section 131 or 132.
(4)	In this section and sections 130 to 133, reserve land means the land that remains a reserve as described in subsection (1).	25
130	Transfer of reserve land in Te Rī o Tamarāwaho or Te Rī o Ruahine to new
	administering body
(1)	This section applies to the reserve land in Te Rī o Tamarāwaho or Te Rī o Xxx-
	xxxx.	30
(2)	The registered proprietors of the reserve land may apply in writing to the Min-
	ister of Conservation for consent to transfer the fee simple estate in the reserve
	land to a hapū entity or the trustees of Te Tāhuhu o Tawakeheimoa Trust (the
	new owners).
(3)	The Minister of Conservation must give written consent to the transfer if the	35
	registered proprietors—
	(a) satisfy the Minister that the new owners are able to—
	(i) comply with the requirements of the Reserves Act 1977; and

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o Ngāti Ranginui Claims Settlement Bill Part 5 cl 131

	(ii) perform the duties of an administering body under that Act; and
	(b) provide to the Minister a certificate given by the registered proprietors, or the registered proprietors’ solicitor, verifying that the new owners are a hapū entity or the trustees of Te Tāhuhu o Tawakeheimoa Trust.
(4)	The Registrar-General must, upon receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.	5
(5)	The required documents are—
	(a) a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it	10
	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 instru- ment.	15
(6)	The new owners, from the time of their registration under this section,—
	(a) are the administering body of the reserve land; and
	(b) hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
(7)	A transfer that complies with this section need not comply with any other re- quirements.	20
131	Transfer of reserve land in other properties to new administering body
(1)	This section applies to the reserve land in any reserve property other than Te Rī o Tamarāwaho or Te Rī o Ruahine.
(2)	The registered proprietors of the reserve land may apply in writing to the Min- ister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners).	25
(3)	The Minister of Conservation must give written consent to the transfer if the registered proprietors satisfy the Minister that the new owners are able to—
	(a) comply with the requirements of the Reserves Act 1977; and	30
	(b) perform the duties of an administering body under that Act.
(4)	The Registrar-General must, upon receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.
(5)	The required documents are—
	(a) a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and	35

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	(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 instru-
	ment.
(6)	The new owners, from the time of their registration under this section,—	5
	(a) are the administering body of the reserve land; and
	(b) hold the reserve land for the same reserve purposes as those for which it
	was held by the administering body immediately before the transfer.
(7)	A transfer that complies with this section need not comply with any other re-
	quirements.	10
132	Transfer of reserve land to trustees of existing administering body if
	trustees change
	The registered proprietors of any reserve land may transfer the fee simple es-
	xxxx in the reserve land if—
	(a) the transferors of the reserve land are or were the trustees of a trust; and	15
	(b) the transferees are the trustees of the same trust, after any new trustee
	has been appointed to the trust or any transferor has ceased to be a
	trustee of the trust; and
	(c) the instrument to transfer the reserve land is accompanied by a certifi-
	cate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply.	20
133	Reserve land not to be mortgaged
	The owners of any reserve land must not mortgage, or give a security interest
	in, the reserve land.
134	Saving of bylaws, etc, in relation to reserve properties	25
(1)	This section applies to any bylaw, or any prohibition or restriction on use or
	access, that an administering body or the Minister of Conservation made or im-
	posed under the Conservation Act 1987 or the Reserves Act 1977 in relation to
	a reserve property before the property was vested in the trustees under this sub-
	part.	30
(2)	The bylaw, prohibition, or restriction remains in force until it expires or is re-
	voked under the Conservation Act 1987 or the Reserves Act 1977.

Subpart 5—Xxx xxx maunga: properties jointly vested in fee simple to be administered as reserves

135 Interpretation 35

In this subpart, unless the context otherwise requires,—

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joint cultural redress property means each of the following properties, and each property means the land described by that name in Schedule 5:

(a) Ōtanewainuku:

(b) Pūwhenua

	Xxxx Xx Rangi Settlement Trust means the trust of that name established by a trust deed dated 5 July 2013	5
	Tapuika Iwi Authority Trust has the meaning given in section 12 of the Ta-
	puika Claims Settlement Act 2014
	Xx Xxxx o Waitaha has the meaning given in section 9 of the Waitaha Claims
	Settlement Act 2013	10
	Te Tāwharau o Ngāti Pūkenga Trust means the trust of that name established
	by a trust deed dated 24 March 2013
	vesting date means the date specified under section 136.
136	Application of this subpart
(1)	This subpart takes effect on and from a date specified by Order in Council	15
	made on the recommendation of the Minister of Conservation.
(2)	The Minister must not make a recommendation unless and until—
	(a) legislation is enacted to settle the historical claims of the iwi described in
	subsection (3); and
	(b) that legislation, in each case, provides for the vesting, on a date specified	20
	by Order in Council, of the fee simple estate in Ōtanewainuku and Pū-
	whenua as undivided equal shares in the persons described in sections 137(2) and 138(2) as tenants in common.
(3)	The iwi are—
	(a) Xxxx Xx Rangi:	25
	(b) Ngāti Pūkenga.
137	Ōtanewainuku
(1)	Ōtanewainuku ceases to be a conservation area under the Conservation Act
	1987.
(2)	The fee simple estate in Ōtanewainuku vests as undivided one-sixth shares in	30
	the following as tenants in common:
	(a) the trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust; and
	(b) the trustees of the Xxxx Xx Rangi Settlement Trust; and
	(c) the trustees of the Tapuika Iwi Authority Trust; and
	(d) the trustees of Xx Xxxx o Waitaha; and	35
	(e) the trustees of Te Tāhuhu o Tawakeheimoa Trust; and
	(f) the trustees of Te Tāwharau o Ngāti Pūkenga Trust.

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(3) Ōtanewainuku is declared a reserve and classified as a scenic reserve for the

	purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)	The reserve is named Ōtanewainuku Scenic Reserve.
(5)	The joint management body established by section 139 is the administering
	body of the reserve, and the Reserves Act 1977 applies to the reserve as if the	5
	reserve were vested in the body (as if the body were trustees) under section 26
	of that Act.
(6)	Subsections (1) to (5) do not take effect until the persons described in sub- section (2) have provided the Crown with a registrable easement in gross for
	a right of way over Ōtanewainuku on the terms and conditions set out in part	10
	2.8 of the documents schedule.
(7)	Despite the provisions of the Reserves Act 1977, the easement—
	(a) is enforceable in accordance with its terms; and
	(b) is to be treated as having been granted in accordance with that Act.
138	Pūwhenua	15
(1)	Pūwhenua ceases to be a conservation area under the Conservation Act 1987.
(2)	The fee simple estate in Pūwhenua vests as undivided one-sixth shares in the
	following as tenants in common:
	(a) the trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust; and
	(b) the trustees of the Xxxx Xx Rangi Settlement Trust; and	20
	(c) the trustees of the Tapuika Iwi Authority Trust; and
	(d) the trustees of Xx Xxxx o Waitaha; and
	(e) the trustees of Te Tāhuhu o Tawakeheimoa Trust; and
	(f) the trustees of Te Tāwharau o Ngāti Pūkenga Trust.
(3)	Pūwhenua is declared a reserve and classified as a scenic reserve for the pur-	25
	poses specified in section 19(1)(a) of the Reserves Act 1977.
(4)	The reserve is named Pūwhenua Scenic Reserve.
(5)	The joint management body established by section 139 is the administering
	body of the reserve, and the Reserves Act 1977 applies to the reserve as if the
	reserve were vested in the body (as if the body were trustees) under section 26	30
	of that Act.
139	Joint management body for Ōtanewainuku and Pūwhenua Scenic
	Reserves
(1)	A joint management body is established for Ōtanewainuku Scenic Reserve and
	Pūwhenua Scenic Reserve.	35
(2)	The following are appointers for the purposes of this section:
	(a) the trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust; and

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o Ngāti Ranginui Claims Settlement Bill Part 5 cl 141

	(b) the trustees of the Xxxx Xx Rangi Settlement Trust; and
	(c) the trustees of the Tapuika Iwi Authority Trust; and
	(d) the trustees of Xx Xxxx o Waitaha; and
	(e) the trustees of Te Tāhuhu o Tawakeheimoa Trust; and
	(f) the trustees of Te Tāwharau o Ngāti Pūkenga Trust.	5
(3)	Each appointer may appoint 1 member to the joint management body.
(4)	A member is appointed only if the appointer gives written notice with the fol-
	lowing details to the other appointers:
	(a) the full name, address, and other contact details of the member; and
	(b) the date on which the appointment takes effect, which must be no earlier	10
	than the date of the notice.
(5)	An appointment ends after 5 years or when the appointer replaces the member
	by making another appointment.
(6)	A member may be appointed, reappointed, or discharged at the discretion of
	the appointer.	15
(7)	Sections 32 to 34 of the Reserves Act 1977 apply to the joint management
	body as if it were a board.
(8)	However, the first meeting of the body must be held no later than 2 months
	after the vesting date.
140	Restriction on transfer of joint cultural redress property	20
(1)	The registered proprietors of an undivided share in the fee simple estate in a
	joint cultural redress property must not transfer the undivided share.
(2)	However, the registered proprietors may transfer the undivided share if—
	(a) the transferors of the share are or were the trustees of a trust; and
	(b) the transferees are the trustees of the same trust, after any new trustee	25
	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 share is accompanied by a certificate given
	by the transferees, or the transferees’ solicitor, verifying that para- graphs (a) and (b) apply.	30
141	Provisions of other Acts with same effect for joint cultural redress
	property
(1)	This section applies if a provision in Parts 4 to 6 has the same effect as a pro-
	vision in another Act for 1 of the following properties:
(a)		Ōtanewainuku:	35
(b)		Pūwhenua.

(2) The provisions must be given effect to only once, as if they were 1 provision.

Part 5 cl 142

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

General provisions applying to vesting of joint cultural redress properties

142	Properties vest subject to or together with interests
	Each joint cultural redress property vests under this subpart subject to, or to-
	gether with, any interests listed for the property in Schedule 5 or granted in
	relation to the property before the vesting date.	5
143	Interests in land for joint cultural redress properties
(1)	This section applies to a joint cultural redress property while all or part of the
	property remains a reserve under the Reserves Act 1977 (the reserve land).
(2)	If the property is affected by an interest that is an interest in land and the inter-
	est is listed for the property in Schedule 5 or granted in relation to the proper-	10
	ty before the vesting date, the interest applies as if the administering body were
	the grantor, or the grantee, as the case may be, of the interest in respect of the
	reserve land.
(3)	Any interest that is an interest in land that affects the reserve land must be dealt
	with for the purposes of registration as if the administering body were the	15
	registered proprietor of the land.
(4)	However, subsections (2) and (3) do not affect the registration of the ease- ment referred to in section 137(6).
144	Interests that are not interests in land
(1)	This section applies if a joint cultural redress property is subject to an interest	20
	(other than an interest in land) that is listed for the property in Schedule 5, or
	that is granted in relation to the property before the vesting date, and for which
	there is a grantor, whether or not the interest also applies to land outside the
	joint cultural redress property.
(2)	The interest applies as if the owners of the joint cultural redress property were	25
	the grantor of the interest in respect of the property, except to the extent that
	subsection (3) applies.
(3)	If all or part of the joint cultural redress property is reserve land to which sec- tion 143 applies, the interest applies as if the administering body of the re-
	serve land were the grantor of the interest in respect of the reserve land.	30
(4)	The interest applies—
	(a) until the interest expires or is terminated; and
	(b) with any other necessary modifications; and
	(c) despite any change in status of the land in the property.
145	Registration of ownership	35
(1)	This section applies in relation to the fee simple estate in a joint cultural redress
	property vested under this subpart.

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(2)	The Registrar-General must, in accordance with an application received from an authorised person,—
	(a) create a computer freehold register for each undivided one-sixth share of
	the fee simple estate in the property in the name of each of—
	(i) the trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust;	5
	and
	(ii) the trustees of the Xxxx Xx Rangi Settlement Trust; and
	(iii) the trustees of the Tapuika Iwi Authority Trust; and
	(iv) the trustees of Xx Xxxx o Waitaha; and
	(v) the trustees of Te Tāhuhu o Tawakeheimoa Trust; and	10
	(vi) the trustees of Te Tāwharau o Ngāti Pūkenga Trust; and
	(b) record on each computer freehold register any interests that are regis-
	tered, notified, or notifiable and that are described in the application.
(3)	Subsection (2) is subject to the completion of any survey necessary to create
	a computer freehold register.	15
(4)	A computer freehold register must be created under this section as soon as is
	reasonably practicable after the vesting date, but no later than—
	(a) 24 months after the vesting date; or
	(b) any later date that may be agreed in writing by the Crown and the per-
	sons in whose names the register is to be created.	20
(5)	In this section, authorised person means a person authorised by the Director-
	General.
146	Application of Part 4A of Conservation Act 1987
(1)	The vesting of the fee simple estate in a joint cultural redress property under
	this subpart is a disposition for the purposes of Part 4A of the Conservation Act	25
	1987, but sections 24, 24A, and 24AA of that Act do not apply to the dispos-
	ition.
(2)	If the reservation of a joint cultural redress property under section 137(3) or 138(3) is revoked in relation to all or part of the property, then the vesting is
	no longer exempt from section 24 (except subsection (2A)) of the Conservation	30
	Act 1987 in relation to all or that part of the property.
147	Recording application of Part 4A of Conservation Act 1987 and sections of
	this subpart
(1)	The Registrar-General must record on a computer freehold register for a joint
	cultural redress property that—	35
	(a) the land is subject to Part 4A of the Conservation Act 1987, but that sec-
	tion 24 of that Act does not apply; and
	(b) the land is subject to sections 140, 143(3), and 146(2).

Part 5 cl 148

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(2)	A notification made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance
	with section 24D(1) of that Act.
(3)	If the reservation under section 137(3) or 138(3) is revoked for—
	(a) all of the property, then the Director-General must apply in writing to the	5
	Registrar-General to remove from the computer freehold registers for the
	property the notifications that—
	(i) section 24 of the Conservation Act 1987 does not apply; and
	(ii) the property is subject to sections 140, 143(3), and 146(2); or
	(b) part of the property, then the Registrar-General must ensure that the noti- fications referred to in paragraph (a) remain only on the computer freehold registers for the part of the property that remains a reserve.	10
(4)	The Registrar-General must comply with an application received in accordance with subsection (3)(a).
148	Application of other enactments to joint cultural redress properties	15
(1)	The vesting of the fee simple estate in a joint cultural redress property under
	this subpart does not—
	(a) limit section 10 or 11 of the Crown Minerals Act 1991; or
	(b) affect other rights to subsurface minerals.
(2)	The permission of a council under section 348 of the Local Government Act	20
	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 a joint cultural redress property.
(3)	Section 11 and Part 10 of the Resource Management Act 1991 do not apply
	to—	25
	(a) the vesting of the fee simple estate in a joint cultural redress property
	under this subpart; or
	(b) any matter incidental to, or required for the purpose of, the vesting.
149	Application of Reserves Act 1977 to joint cultural redress properties
(1)	Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in	30
	relation to a joint cultural redress property.
(2)	If the reservation under section 137(3) or 138(3) of a joint cultural redress property as a reserve is revoked under section 24 of the Reserves Act 1977 in
	relation to all or part of the property, section 25(2) of that Act applies to the
	revocation, but not the rest of section 25 of that Act.	35
150	Joint cultural redress property that is reserve must not be mortgaged
	The registered proprietors of a joint cultural redress property must not xxxx-
	xxxx, or give a security interest in, all or any part of the property that, at any

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o Ngāti Ranginui Claims Settlement Bill Part 6 cl 153

time after vesting under section 137 or 138, remains a reserve under the Re- serves Act 1977.

151 Saving of bylaws, etc, in relation to joint cultural redress properties

(1) This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or im- 5 posed under the Conservation Act 1987 or the Reserves Act 1977 in relation to

a joint cultural redress property before the property vested under section 137 or 138.

(2) The bylaw, prohibition, or restriction remains in force until it expires or is re- voked under the Conservation Act 1987 or the Reserves Act 1977. 10

152 Scenic reserve not to become Crown protected area

(1) A joint cultural redress property is not a Crown protected area.

(2) The Minister must not change the name of a joint cultural redress property under section 16(10) of the Reserves Act 1977 without the written consent of

the administering body of the property, and section 16(10A) of that Act does 15

not apply to the proposed change.

(3) In this section, Crown protected area has the meaning given in section 4 of the New Zealand Geographic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008.

153 Interpretation ‌

In subparts 1 to 3,—

Part 6 Commercial redress 20

commercial property means a property described in part 4AA of the property redress schedule for which the requirements for transfer under the deed of settlement have been satisfied 25

commercial redress property means—

(a) a property described in table 1 or 2 in part 4 of the property redress schedule; and

(b) a property described in part 3 of the property redress schedule that be- came a commercial redress property under clause 6.7 of the deed of 30

settlement before the commencement of Parts 4 to 6

deferred selection property means the Harrisfield Drive property defined in paragraph 6.1 of the general matters schedule, but only if the requirements for its transfer under the deed of settlement have been satisfied

land holding agency means,— 35

Part 6 cl 154

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(a) for a property described in paragraph (a) of the definition of commer- cial redress property, the land holding agency specified for the property in part 4 of the property redress schedule:

(b) for a property described in paragraph (b) of that definition, the Minis-

try of Justice: 5

(d) for the deferred selection property, the Ministry of Justice.

Subpart 1—Transfer of commercial redress properties, commercial properties, and deferred selection property

154	The Crown may transfer properties	10
(1)	To give effect to the deed of settlement, the Crown (acting by and through the
	chief executive of the land holding agency) is authorised to—
	(a) transfer the fee simple estate in a commercial redress property, a com-
	mercial property, or the deferred selection property to the trustees; and
	(b) sign a transfer instrument or other document, or do anything else, as	15
	necessary to effect the transfer.
(2)	Subsection (3) applies to—
	(a) a commercial property that is subject to a resumptive memorial recorded under any enactment listed in section 89(2); and
	(b) the deferred selection property if it is subject to a resumptive memorial recorded under any enactment listed in section 89(2).	20
(3)	As soon as is reasonably practicable after the date on which the commercial
	property or the deferred selection property is transferred to the trustees, the
	chief executive of the land holding agency must give written notice of that date to the chief executive of LINZ for the purposes of section 90 (which relates	25
	to the cancellation of resumptive memorials).
155	Computer freehold registers for commercial redress properties,
	commercial properties, and deferred selection property
(1)	This section applies to each of the following properties that is to be transferred to the trustees under section 154:	30
	(a) a commercial redress property:
	(b) a commercial property:
	(c) the deferred selection property.
(2)	However, this section applies only to the extent that—
	(a) the property is not all of the land contained in a computer freehold regis-	35
	ter; or
	(b) there is no computer freehold register for all or part of the property.

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o Ngāti Ranginui Claims Settlement Bill Part 6 cl 157

(3)	The Registrar-General must, in accordance with a written application by an authorised person,—
	(a) create a computer freehold register for the fee simple estate in the prop-
	erty in the name of the Crown; and
	(b) record on the computer freehold register any interests that are registered,	5
	notified, or notifiable and that are described in the application; but
	(c) omit any statement of purpose from the computer freehold register.
(4)	Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.
(5)	In this section and sections 156 and 158, authorised person means a per- son authorised by the chief executive of the land holding agency for the rele-	10
	vant property.
156	Authorised person may grant covenant for later creation of computer
	freehold register
(1)	For the purposes of section 155, the authorised person may grant a covenant for the later creation of a computer freehold register for any commercial re-	15
	dress property, commercial property, or deferred selection property.
(2)	Despite the Land Transfer Act 1952,—
	(a) the authorised person may request the Registrar-General to register the
	covenant under that Act by creating a computer interest register; and	20
	(b) the Registrar-General must comply with the request.
157	Application of other enactments
(1)	This section applies to the transfer to the trustees of the fee simple estate in a
	commercial redress property, a commercial property, or the deferred selection
	property.	25
(2)	The transfer is a disposition for the purposes of Part 4A of the Conservation
	Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the
	disposition.
(3)	The transfer does not—
	(a) limit section 10 or 11 of the Crown Minerals Act 1991; or	30
	(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.	35
(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.

Part 6 cl 158

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

(6)	In exercising the powers conferred by section 154, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer.
(7)	Subsection (6) is subject to subsections (2) and (3).
158	Application of enactment to Part Te Puna School site and adjoining land	5
(1)	The land contained in computer freehold register SA64A/555 became subject
	to section 241 of the Resource Management Act 1991 because of the amalgam-
	ation condition endorsed on plan DPS 79918. That application of section 241
	to the land ceases.
(2)	The authorised person for the commercial redress property described as Part Te	10
	Puna School site must apply in writing to the Registrar-General to remove the
	notification of that section from computer freehold register SA64A/555.
(3)	The application must be made before a computer freehold register is created for the property under section 155.
(4)	The Registrar-General must, before creating a computer freehold register for the property under section 155, comply with an application received in ac- cordance with this section.	15

Subpart 2—Māori reservation properties

159	Application of this subpart
(1)	This subpart applies to a Māori reservation property after the transfer of the property to the trustees.	20
(2)	In this subpart, Māori reservation property—
	(a) means a commercial redress property described in table 1 in part 4 of the property redress schedule that has an asterisk next to the property’s ad- dress in the fourth column of the table; but	25
	(b) for 17 Moffat Road, means only the part of the property shown as A on the plan of the property in part 4 of the attachments.
160	Setting apart as Māori reservations and terms of trust
(1)	A Māori reservation property is set apart as a Māori reservation, as if it were set apart under section 338(1) of Te Ture Whenua Māori Act 1993,—	30
	(a) for the purposes of marae and associated papakāinga housing; and
	(b) to be held on trust for the benefit of Ngā Hapū o Ngāti Ranginui.
(2)	The terms of trust on which a Māori reservation property is held include the following:
	(a) the property is inalienable except for a transfer under subsection (3):	35
	(b) the property will be held to restore and preserve land holdings within the xxxx of Xxx Hapū o Ngāti Ranginui to—

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o Ngāti Ranginui Claims Settlement Bill Part 6 cl 161

(i) recognise and support the relationship of Ngā Hapū o Ngāti Ranginui, and their culture and traditions, with their ancestral lands; and

(ii) support the use of the land by whānau of Ngā Hapū o Ngāti Ranginui for traditional purposes: 5

	(c) the property will be held to recognise and take account of the importance of the land in providing economic and infrastructure support for marae and associated papakāinga housing (whether on the land or elsewhere) for Ngā Hapū o Ngāti Ranginui.
(3)	A Māori reservation property may be transferred, subject to the existing terms of trust, to the hapū entity of the hapū of Ngāti Ranginui listed for the property in the third column of table 1 in part 4 of the property redress schedule.	10
(4)	The Registrar-General need not create a separate computer freehold register for any Māori reservation property that is only part of the land contained in a com- puter freehold register.	15
161	Application of enactments to Māori reservation properties
(1)	Part 17 of Te Ture Whenua Māori Act 1993, and any regulations made under section 338(15) of that Act, do not apply to a Māori reservation property.
(2)	The Māori Land Court has the jurisdiction, on application by the owners of a Māori reservation property, to set out or vary additional terms of trust on which the property is held.	20
(3)	The chief executive of Te Puni Kōkiri may, on the recommendation of the Māori Land Court, by notice in the Gazette—
	(a) exclude any part of the land from the Māori reservation in a Māori xxxxx- vation property; or	25
	(b) cancel the Māori reservation.
(4)	Sections 18(1)(c) and (d), 19(1)(a), 20, 24, 26, 194, and 342 of Te Ture Whenua Māori Act 1993 apply to a Māori reservation property as if the proper- ty were Māori freehold land under that Act.
(5)	Section 108(9) of the Resource Management Act 1991 applies to a Māori xxxxx- vation property as if the property were Māori land under Te Ture Whenua Māori Act 1993.	30
(6)	For the purposes of the Local Government (Rating) Act 2002, a Māori reserva- tion property is to be treated as land used for the purposes of a marae.

Part 6 cl 162

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

Subpart 3—Provisions applying to purchased contingent properties

162	Application of this subpart
(1)	This subpart applies to a purchased contingent property, meaning a property
	described in the table in part 9 of the property redress schedule for which the
	requirements for transfer under the deed of settlement have been satisfied.	5
(2)	In this subpart, transfer date, for a purchased contingent property, means the
	day on which the transfer of the property settles in accordance with part 9 of
	the property redress schedule.
163	Transfer of purchased contingent properties
(1)	Immediately before the transfer of a purchased contingent property in accord-	10
	ance with part 9 of the property redress schedule,—
	(a) the reservation of any part of the property that is a reserve subject to the
	Reserves Act 1977 is revoked; and
	(b) any part of the property that is a conservation area under the Conserva-
	tion Act 1987 ceases to be a conservation area.	15
(2)	Upon the transfer of the purchased contingent property, the property is declared
	a reserve and classified as a scenic reserve for the purposes specified in section
	19(1)(a) of the Reserves Act 1977.
(3)	Sections 124, 125, 126(3), 127 to 129, and 131 to 134 apply to the pur- chased contingent property—	20
	(a) as if it were a cultural redress property that is a reserve property; and
	(b) with effect on and from the property’s transfer date and as if a reference
	to the settlement date were to that transfer date; and
	(c) with any other necessary modifications.
(4)	Sections 154 to 156 and section 157 (except section 157(2)) apply to the purchased contingent property—	25
	(a) as if it were a commercial redress property and the land holding agency
	were the Department of Conservation; and
	(b) as if, for the purposes of section 154(2) and (3), it were the deferred selection property; and	30
	(c) with effect on and from the property’s transfer date; and
	(d) with any other necessary modifications.
(5)	If the purchased contingent property is to transfer to a hapū entity in accord-
	ance with paragraph 9.14 of the property redress schedule, the provisions re- ferred to in subsections (3) and (4) are also modified to apply as if the hapū	35
	entity were the trustees.

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o Ngāti Ranginui Claims Settlement Bill Part 6 cl 165

164	Easements over purchased contingent properties
(1)	This section applies to any easement that is required to be granted over a pur- chased contingent property to fulfil the terms of transfer of the property.
(2)	Despite the provisions of the Reserves Act 1977, the easement—
	(a) is enforceable in accordance with its terms; and	5
	(b) is to be treated as having been granted in accordance with that Act.

Subpart 4—Right of first refusal over RFR land

167 RFR land required for another Treaty of Waitangi settlement

165 Interpretation

In this subpart and Schedule 6,— 10

control, for the purposes of paragraph (d) of the definition of Crown body, means,—

(a) for a company, control of the composition of its board of directors; and

(b) for another body, control of the composition of the group that would be

its board of directors if the body were a company 15

Crown body means—

(a) a Crown entity, as defined in section 7(1) of the Crown Entities Act 2004; and

(b) a State enterprise, as defined in section 2 of the State-Owned Enterprises

Act 1986; and 20

(d) a company or body that is wholly owned or controlled by 1 or more of the following:

(i) the Crown:

(ii) a Crown entity: 25

(iii) a State enterprise:

(iv) the New Zealand Railways Corporation; and

(e) a subsidiary or related company of a company or body referred to in

paragraph (d)

dispose of, in relation to RFR land,— 30

(a) means—

(i) to transfer or vest the fee simple estate in the land; or

(ii) to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but 35

Part 6 cl 166

Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

	(b) to avoid doubt, does not include— (i) to mortgage, or give a security interest in, the land; or (ii) to grant an easement over the land; or
	(iii) to consent to an assignment of a lease, or to a sublease, of the
	land; or	5
	(iv) to remove an improvement, a fixture, or a fitting from the land
	expiry date, in relation to an offer, means its expiry date under sections 169(2)(a) and 170
	notice means a notice given under this subpart
	offer means an offer by an RFR landowner, made in accordance with section 169, to dispose of RFR land to the trustees	10
	public work has the meaning given in section 2 of the Public Works Act 1981
	related company has the meaning given in section 2(3) of the Companies Act
	1993
	RFR landowner, in relation to RFR land,—	15
	(a) means the Crown, if the land is vested in the Crown or the Crown holds
	the fee simple estate in the land; and
	(b) means a Crown body, if the body holds the fee simple estate in the land;
	and
	(c) includes a local authority to which RFR land has been disposed of under	20
	section 175(1); but
	(d) to avoid doubt, does not include an administering body in which RFR
	land is vested after the settlement date under section 176(1)
	RFR period means the period of 174 years on and from the settlement date
	subsidiary has the meaning given in section 5 of the Companies Act 1993.	25
166	Meaning of RFR land
(1)	In this subpart, RFR land means—
	(a) the land described in part 3 of the attachments that, on the settlement
	date, is—
	(i) vested in the Crown; or	30
	(ii) held in fee simple by the Crown, Housing New Zealand Corpor-
	ation, or Bay of Plenty DHB; and
	(b) any land obtained in exchange for a disposal of RFR land under section 180(1)(c) or 181.
(2)	Land ceases to be RFR land if—	35
	(a) the fee simple estate in the land transfers from the RFR landowner to—

Tauranga Moana Iwi Collective Redress and Ngā Hapū

o Ngāti Ranginui Claims Settlement Bill Part 6 cl 168

(i) the trustees or their nominee (for example, under a contract formed under section 173); or

(ii) any other person (including the Crown or a Crown body) under

section 168(d); or

(b) the fee simple estate in the land transfers or vests from the RFR land- 5 owner to or in a person other than the Crown or a Crown body—

(i) under any of sections 177 to 185 (which relate to permitted disposals of RFR land); or

(ii) under any matter referred to in section 186(1) (which specifies matters that may override the obligations of an RFR landowner 10 under this subpart); or

(c) the fee simple estate in the land transfers or vests from the RFR land- owner in accordance with a waiver or variation given under section 195; or

(d) the Minister for Treaty of Waitangi Negotiations has given notice under 15

section 167 that the land ceases to be RFR land; or

(e) the RFR period ends.

(1) The Minister for Treaty of Waitangi Negotiations must, for Te Xxxx Xxxxxxxx

RFR land that is required as cultural redress for the settlement of other histor- 20 ical Treaty claims, give notice to the following persons that the land ceases to

be RFR land:

(a) the RFR landowner; and

(b) the trustees.

(2) The notice may be given at any time before a contract is formed under section 25

173 for the disposal of the land.

(3) In this section,—

historical Treaty claim has the meaning given in section 2 of the Treaty of Waitangi Act 1975

Te Puna Katikati RFR land means any RFR land described in table 3 in part 30 3 of the attachments.