Pire Whakataunga Kerēme a Ngāti Hei
Pire Whakataunga Kerēme a Ngāti Hei
Pire Kāwanatanga
E ai ki tā te Komiti Whiriwhiri Take Māori i pūrongo ai
Ngā kōrero
Tūtohutanga
Kua oti i te Komiti Whiriwhiri Take Māori xx Xxxx Whakataunga Kerēme a Ngāti Hei te āta tirotiro, ā, e tūtohu xxx kia whakamanatia. Tēnei ko mātou katoa te tautoko nei i ngā menemana katoa.
Kupu whakataki
Ko Ngāti Hei tētahi iwi e hoki atu ai ōna takenga ki a Kupe me te waka Te Arawa. Xx xxxx xxxx xxxx pānga i te tai rāwhiti o Te Xxxx-o-te-ika mai i Onemana ki Whanga‐ poua, kei Tairua me Ahuahu xxxx pokapū, ā, ka tae atu ki ngā moutere o waho i te moana, xxxx tonu xx ki Repanga. I roto i te tatauranga 2018, he 650 tāngata te nui o te iwi.
Ka whakamana xx xxxx nei i xxx ritenga e tika xxx kia whakaturetia i roto i te whakaaetanga whakataunga i waitohua rā i te 17 o Akuhata 2017 e te Karauna me Ngāti Hei. Ka takoto hoki i roto i te xxxx xxx whakapuakanga me te whakapāha a te Karauna ki a Ngāti Hei.
I te tau 2017, i whakamanatia rā te Hei o Wharekaho Settlement Trust hei hinonga whakahaere i muri i te whakataunga (PSGE) mā Ngāti Hei.
Ko Ngāti Hei tētahi o ngā iwi me ngā hapū tekau mā rua e whai pānga xxx ki xx xxxx o Hauraki. I te tau 2009, xx xxxx tahi ko xx Xxxx Hauraki Collective, ko te whiriwhiri puretumu kotahi te take mō ngā pānga rite tahi ā rātou ki roto Hauraki. Xx xxx i a Ngāti Hei te Whakataunga Puretumu a Pare Hauraki Collective te waitohu i te Akuhata 2018. Kei mua i te aroaro o te Whare xxxx xxxx i te wā nei.1
Kei te Wāhanga 1 o xx Xxxx Whakataunga Kerēme a Ngāti Hei e takoto xxx xxx whakapuakanga a te Karauna, me te whakapāha hoki, mō xxx wāwāhitanga o te Tiriti. Ko ētahi o aua wāwāhitanga ko ngā ture me ngā kaupapa here i tata whenua kore ai a
2 Pire Whakataunga Kerēme a Ngāti Hei Ngā kōrero
Ngāti Hei, i tūkinotia ai te taiao, i xxxxxx kinotia rawa hoki te oranga me te āheinga ki te tuku iho i ngā mātauranga Māori ki ā rātou mokopuna.
Kei te Wāhanga 2 ko ngā ritenga puretumu ā-tikanga, tae atu ki te whakahokinga o ētahi wāhi whakahirahira e 22 ki te iwi (e whā o ērā xxxx xx whakahokia tahitia ki ētahi atu iwi hoki). Ko ētahi o ngā puretumu ā-tikanga ko te whakahokinga o Xx Xxxx (Hot Water Beach Domain), me tētahi tikanga paparua mō runga o Te Whanganui-a-Hei me te Whenua Rāhui o Repanga. Kei te Wāhanga 3 e takoto xxx xxx ritenga puretumu ā-tauhoko.
Xxxxx xx pire e pā ki ngā wāhanga o roto i te whakataunga e kore ai e tika kia whakaturetia. Ko ētahi ko ēnei:
• ko te puretumu ā-pūtea, ā-tauhoko hoki, e $8.5 miriona
• ko te kī taurangi kia uru ki tētahi whakaaetanga whakahoanga me Te Papa Atawhai
• ko ētahi xxxx takawaenga, xxxx whakatakinga rānei ki ētahi tari kāwanatanga o xx xxxx, o te motu hoki
• ko te puretumu ka whakawhiwhia ki a Ngāti Hei i raro i xx Xxxx Puretumu a xx Xxxx Hauraki Collective.
Whakatātaretanga o xx xxxx
Ko tētahi wāhanga o tā mātou whakaaroaro i xx xxxx nei, i āta tirohia xxxx xxxxxx ki xxx mātāpono o te whakatureturetanga kounga. Kāore ō mātou āwangawanga i te hanganga o xx xxxx hei whakaara ki te aroaro o te Whare.
Xxxxx e marohitia he menemana nui
Kāore mātou e tūtohu kia whakarerekētia nuitia xx xxxx, xx xxxxx i xxx tāpaetanga kōrero me xxx xxxx tohutohu i whiwhi ai mātou.
Kua oti i a mātou he menemana itiiti, menemana hangarau te tūtohu kia riterite ai ki xxx xxxx whakataunga a ētahi atu iwi o Hauraki, hei whakaatu hoki i ngā kitenga o ētahi ruritanga whenua, me ngā pānga whenua i whakahōungia.
1 He mea whakatakoto xx Xxxx Puretumu a xx Xxxx Hauraki Collective ki te Whare i te 19 o Tihema 2022.
Ngā kōrero Pire Whakataunga Kerēme a Ngāti Hei 3
Tāpiritanga
Hātepe komiti
He mea tuku mai xx Xxxx Whakataunga Kerēme a Ngāti Hei ki te Komiti Whiriwhiri Take Māori o te Pāremata 53 i te 20 o Hune 2023. Xx xxxxxxx xx xxxxxx kia tāpaetia he kōrero mō xx xxxx, ko te xx xxxxxxx ko te 2 o Akuhata 2023. I whiwhi, i whakaar‐ oarohia hoki ngā tāpaetanga kōrero a ngā rōpū me ngā tāngata takitahi e 11. I rangona te tāpaetanga ā-waha a ētahi kaitāpae tokorua.
Ka whakahokia mai xx xxxx nei ki tēnei komiti i te Pāremata 54 i te 6 o Tihema 2023.
Nā Te Arawhiti xxx xxxx tohutohu mō xx xxxx i homai. Nā Te Tari o te Manahautū xxx xxxx tohutohu mō te kounga ā-ture o xx xxxx i homai. Nā Te Tari Tohutohu Pāremata i āwhina ki te tuhi i xx xxxx.
Xxx xxxx o te xxxxxx Xxx Xxxxxx (Heamana) Hōnore Marama Xxxxxxxx
Xxxxxx Xxxxxx Xxxxx (tae atu ki te 6 o Pepuere 2024) Xxxx Xxxxxxx
Xxxxxx Xxxxxxx (mai i te 21 Pepuere 2024) Xxxx Xxxxxxxxxxx
Xxxx-Xxxxxxx Xxxxx-Xxxxxx Xxxx Xxxxxx
Xxxx Xxxxxx Xxxxxx Rurawhe
Ngā rauemi
Kei te paetukutuku Pāremata ngā tuhinga i whiwhi hei kupu tohutohu, hei taunaki‐ tanga hoki.
Ngāti Hei Claims Settlement Bill
Government Bill
As reported from the Māori Affairs Committee
Commentary
Recommendation
The Māori Affairs Committee has examined the Ngāti Hei Claims Settlement Bill and recommends that it be passed. We recommend all amendments unanimously.
Introduction
Ngāti Hei are an iwi that trace their origins to Kupe and Te Arawa waka. Their area of interest runs along the eastern seaboard of the Coromandel Peninsula from Onemana to Whangapoua, centred around Tairua and Ahuahu, and includes offshore islands extending north to Cuvier Island. In the 2018 census, the iwi’s population was about 650.
This bill would give effect to provisions requiring legislation in the deed of settlement signed on 17 August 2017 by the Crown and Ngāti Hei. The bill also records the Crown’s acknowledgements and apology made to Ngāti Hei.
In 2017, Hei o Wharekaho Settlement Trust was ratified as the post-settlement gov‐ ernance entity (PSGE) for Ngāti Hei.
Ngāti Hei are one of 12 iwi and hapū with interests in the Hauraki region. In 2009, they formed the Pare Hauraki Collective for the purpose of negotiating collective redress for their shared interests in Hauraki. Ngāti Hei signed the Pare Hauraki Col‐ lective Redress Deed in August 2018. The associated legislation is currently before the House.2
Part 1 of the Ngāti Hei Claims Settlement Bill records the Crown’s acknowledge‐ ments of, and apology for, its breaches of te Tiriti/the Treaty. The breaches include
2 The Pare Hauraki Collective Redress Bill was introduced to the House on 19 December 2022.
2 Ngāti Hei Claims Settlement Bill Commentary
laws and policies that left Ngāti Hei virtually landless, damaged the environment, and severely undermined their wellbeing and their ability to pass mātauranga Māori to their mokopuna.
Part 2 contains the cultural redress provisions, including the return of 22 properties of cultural significance to the iwi (in the case of four properties, jointly with other iwi). Cultural redress includes the vesting of Xx Xxxx (Hot Water Beach Domain) and an overlay classification over Cathedral Cove and the Repanga (Cuvier) Island Nature Reserve. Part 3 contains the commercial redress provisions.
The bill does not deal with elements in the deed for which legislation is not needed. They include:
• financial and commercial redress of $8.5 million
• a commitment to enter into a relationship agreement with the Department of Conservation
• letters of facilitation or introduction to certain local authorities and central government agencies
• the redress that Ngāti Hei will receive through the Pare Hauraki Collective Redress Bill.
Legislative scrutiny
As part of our consideration of the bill, we have examined its consistency with principles of legislative quality. We have no issues regarding the legislation’s design to bring to the attention of the House.
No significant amendments proposed
Based on the submissions and advice that we have received, we do not recommend making any significant changes to the bill.
We recommend some minor and technical amendments to ensure consistency with other Hauraki iwi settlement bills and to reflect the result of property surveys and updated property interests.
Commentary Ngāti Hei Claims Settlement Bill 3
Appendix
Committee process
The Ngāti Hei Claims Settlement Bill was referred to the Māori Affairs Committee of the 53rd Parliament on 20 June 2023. The committee called for submissions on the bill with a closing date of 2 August 2023. It received and considered submissions from 11 interested groups and individuals. It heard oral evidence from two submitters.
The bill was reinstated with this committee in the 54th Parliament on 6 December 2023.
Advice on the bill was provided by Xx Xxxxxxxx | the Office for Māori Crown Relations. The Office of the Clerk provided advice on the bill’s legislative quality. The Parliamentary Counsel Office assisted with legal drafting.
Committee membership Xxx Xxxxxx (Chairperson) Xxx Xxxxxx Xxxxxxxx
Hon Xxxxxx Xxxxx (until 6 February 2024) Xxxx Xxxxxxx
Xxxxxx Xxxxxxx (from 21 February 2024) Xxxx Xxxxxxxxxxx
Xxxx-Xxxxxxx Xxxxx-Xxxxxx Xxxx Xxxxxx
Rt Xxx Xxxxxx Xxxxxxx
Related resources
The documents received as advice and evidence are available on the Parliament website.
Ngāti Hei Claims Settlement Bill
Key to symbols used in reprinted bill
As reported from a select committee
text inserted unanimously text deleted unanimously
Hon Xxxx Xxxxxxxxx
Ngāti Hei Claims Settlement Bill
Government Bill
Contents
Page
4 Provisions to take effect on settlement date 8
Summary of historical account, acknowledgements, and apology of the Crown
7 Summary of historical account, acknowledgements, and apology 9
8 Summary of historical account 10
11 Interpretation of Act generally 17
14 Meaning of historical claims 21
Historical claims settled and jurisdiction of courts, etc, removed
15 Settlement of historical claims final 22
218—2 1
Ngāti Hei Claims Settlement Bill
Amendment to Treaty of Waitangi Act 1975
16 Amendment to Treaty of Waitangi Act 1975 23
Resumptive memorials no longer to apply
17 Certain enactments do not apply 23
18 Resumptive memorials to be cancelled 23
19 Limit on duration of trusts does not apply 24
20 Access to deed of settlement 25
21 Provisions that have same effect 25
Subpart 1—Vesting of cultural redress properties
Properties vested in fee simple
Properties vested in fee simple to be administered as reserves
32 Council improvements attached to Paparoa site A 29
34 Council improvements attached to Paparoa site B 30
36 Vesting and alternative description of Puke Pakira in specified 32
40 Council improvements attached to Xx Xxxx 33
Properties jointly vested in fee simple to be administered as reserves
43 Ahuahu / Great Mercury Island property 35
Ngāti Hei Claims Settlement Bill
44 Joint management body for Ahuahu / Great Mercury Island 36
property before property vests
45 Statutory authorisation over Ahuahu / Great Mercury Island 36
property before property vests
46 Joint management body for Ahuahu / Great Mercury Island 37
47 Interests in land for Ahuahu / Great Mercury Island property 38
48 Right of entry onto Ahuahu / Great Mercury Island property by the 38
Property vested in fee simple subject to conservation covenant
General provisions applying to vesting of cultural redress properties
52 Properties vest subject to or together with interests 40
53 Interests in land for certain reserve properties 41
54 Interests that are not interests in land 41
55 Registration of ownership 41
56 Application of Part 4A of Conservation Act 1987 43
57 Matters to be recorded on record of title 43
58 Application of other enactments 45
59 Names of Crown protected areas discontinued 46
Access to land under Crown Minerals Act 1991
60 Certain land to be treated as if included in Schedule 4 of Crown 46
61 When land may be treated as no longer included in Schedule 4 of 47
Further provisions applying to reserve properties
62 Application of other enactments to reserve properties 48
63 Joint management body for certain reserves 48
64 Reserves to be administered jointly by trustees and local authority 49
65 Application of Reserves Act 1977 to joint management body 50
66 Subsequent transfer of reserve land 51
67 Transfer of reserve land to new or differently composed 51
68 Transfer of reserve land if trustees change 52
69 Reserve land not to be mortgaged 52
70 Saving of bylaws, etc, in relation to reserve properties 52
Consequential amendments to Hauraki Gulf Marine Park Act 2000
71 Amendments to Hauraki Gulf Marine Park Act 2000 53
Ngāti Hei Claims Settlement Bill
73 Ohinau Island vested in trustees 54
Property vested in fee simple to be administered as reserve
00 Xxxxxxxx xxxxxx xx xxxxxxxxxxx 00
76 Application of Te Ture Whenua Maori Act 1993 55
77 Requirements before revocation of reservation 56
78 Notices to be given to Māori Land Court 57
79 The Crown’s rights and obligations 57
80 Application of Reserves Act 1977 and Fire and Emergency New 57
81 Interests that are not interests in land 58
83 Application of Part 4A of Conservation Act 1987 59
84 Matters to be recorded on record of title 59
85 Application of other enactments to Xxxxxxxx 00
86 Reserve land not to be mortgaged 60
88 Name change for Xxxxxxxx 00
Subpart 4—Great Mercury Island land exchange
89 When this subpart takes effect 61
91 Vesting and exchange How land on Great Mercury Island to be 62
92 Application of Conservation Act 1987 and other Acts 62
93 Matters recorded on record of title 63
Subpart 5—Vesting and vesting back of properties
95 Notice appointing delayed vesting date for Repanga (Cuvier) 64
96 Delayed vesting and vesting back of Repanga (Cuvier) Island 65
97 Notice appointing delayed vesting date for Te Karaka 65
98 Delayed vesting and vesting back of Te Karaka 66
Subpart 6—Overlay classification
100 Declaration of overlay classification and the Crown’s 68
101 Purposes of overlay classification 68
102 Effect of protection principles 68
Ngāti Hei Claims Settlement Bill
103 Obligations on New Zealand Conservation Authority and 68
104 Noting of overlay classification in strategies and plans 69
105 Notification in Gazette 69
106 Actions by Director-General 69
107 Amendment to strategies or plans 69
110 Effect of overlay classification on overlay areas 71
111 Termination of overlay classification 71
112 Exercise of powers and performance of functions and duties 71
Subpart 7—Statutory acknowledgement
115 Statutory acknowledgement by the Crown 72
116 Purposes of statutory acknowledgement 72
117 Relevant consent authorities to have regard to statutory 73
118 Environment Court to have regard to statutory acknowledgement 73
119 Heritage New Zealand Pouhere Taonga and Environment Court to 73
have regard to statutory acknowledgement
120 Recording statutory acknowledgement on statutory plans 74
121 Provision of summary or notice to trustees 74
122 Use of statutory acknowledgement 75
General provisions relating to statutory acknowledgement
123 Application of statutory acknowledgement to river or stream 76
124 Exercise of powers and performance of functions and duties 76
Consequential amendment to Resource Management Act 1991
126 Amendment to Resource Management Act 1991 77
General provisions applying to protocols
128 Issuing, amending, and cancelling protocols 77
129 Protocols subject to rights, functions, and duties 77
130 Enforcement of protocols 78
131 Primary industries protocol 78
Ngāti Hei Claims Settlement Bill
Subpart 9—Official geographic names
134 Official geographic names 79
135 Publication of official geographic names 79
136 Subsequent alteration of official geographic names 80
Subpart 1—Transfer of commercial redress property and deferred selection properties
138 The Crown may transfer properties 80
139 Minister of Conservation may grant easements 81
140 Records of title for deferred selection properties that are not shared 81
141 Records of title for shared commercial redress property and 81
142 Authorised person may grant covenant for later creation of record 82
143 Application of other enactments 82
Subpart 2—Vesting of certain Crown owned minerals and related matters
145 Application and interpretation 83
146 Certain existing rights preserved 84
Certain minerals vested or transferred under this subpart
147 Vested minerals no longer to be reserved to the Crown 85
148 Application of Crown Minerals Act 1991 85
149 Notation of mineral ownership on records of title 85
Application provision relating to Ruamāhua
150 Application of sections 151 to 160 to Xxxxxxxx 00
Amounts payable in respect of vested minerals
151 Purpose and scope of arrangement for payments 86
152 Obligation to pay representative or actual amount 86
153 Calculation of representative amount 87
154 Calculation of representative amount if more than 1 permit area 87
Ngāti Hei Claims Settlement Bill Part 1 cl 3
155 Calculation of representative amount if relevant land held in shares 88
156 When actual amount may be paid 88
Application for payment of representative amount
157 Application requirements 89
158 Advice to be given to trustees 89
159 Other conditions applying to payments 90
Status of certain information
160 Confidentiality of information disclosed or received 90
Part 4 Amendments to other legislation
Consequential amendments
161 Amendment to Reserves and Other Lands Disposal Act 1970 90
162 Amendments to Crown Minerals Act 1991 90
163 Amendments to Wildlife Sanctuary (Aldermen Islands) Order 1965 91
Schedule 1 92
Cultural redress properties, Ohinau Island, and Ruamāhua
Schedule 2 98
Overlay areas
Schedule 3 99
Statutory areas
The Parliament of New Zealand enacts as follows:
This Act is the Ngāti Hei Claims Settlement Act 2022.
This Act comes into force on the day after the date on which it receives the 5 Royal assent.
Part 1
Preliminary matters, historical account, acknowledgements and apology, and settlement of historical claims
The purpose of this Act is—
(a) to record in English and te reo Māori the acknowledgements and apol‐ ogy given by the Crown to Ngāti Hei in the deed of settlement; and
Part 1 cl 4 Ngāti Hei Claims Settlement Bill
(b) to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Hei. | ||
Provisions to take effect on settlement date | ||
(1) | The provisions of this Act take effect on the settlement date unless stated otherwise. | 5 |
(2) | Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for— | |
(a) the provision to have full effect on that date; or | ||
(b) a power to be exercised under the provision on that date; or | ||
(c) a duty to be performed under the provision on that date. | 10 | |
Act binds the Crown | ||
This Act binds the Crown. | ||
Outline | ||
(1) | This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement. | 15 |
(2) | This Part— | |
(a) sets out the purpose of this Act; and | ||
(b) provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and | 20 | |
(c) specifies that the Act binds the Crown; and | ||
(d) sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngāti Hei, as recorded in the deed of settlement; and | ||
(e) defines terms used in this Act, including key terms such as Ngāti Hei and historical claims; and | 25 | |
(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 | 30 | |
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 limit on the duration of a trust; and | 35 | |
(v) access to the deed of settlement. |
Ngāti Hei Claims Settlement Bill Part 1 cl 7
(3) Part 2 provides for cultural redress, including—
(a) cultural redress requiring vesting in the trustees of the fee simple estate in 20 cultural redress properties; and
(b) the vesting of Ohinau Island in the trustees; and
(c) the vesting of Ruamāhua in the descendants; and 5
(d) the vesting of 2 properties in the trustees (in the case of 1 property, jointly with other specified iwi) and the subsequent vesting back of the properties in the Crown; and
(e) cultural redress that does not involve the vesting of land, namely,—
(i) an overlay classification applying to certain areas of land; and 10
(ii) a statutory acknowledgement by the Crown of the statements made by Ngāti Hei of their cultural, historical, spiritual, and trad‐ itional association with certain statutory areas and the effect of that acknowledgement; and
(iii) protocols for primary industries and taonga tūturu on the terms set 15
out in the documents schedule; and
(iv) the provision of official geographic names.
(4) Part 2 also includes, in subpart 4, provisions providing for the exchange of certain land on Ahuahu / Great Mercury Island.
(5) Part 3 provides for commercial redress, including,— 20
(a) in subpart 1, the transfer of land; and
(b) in subpart 2, the vesting of certain Crown owned minerals and related matters.
(6) Part 4 sets out amendments to other legislation required as a consequence of certain settlement arrangements provided for in this Act. 25
(7) There are 3 schedules, as follows:
(a) Schedule 1 describes the cultural redress properties, Ohinau Island, and Ruamāhua:
(b) Schedule 2 describes the overlay areas to which the overlay classifica‐
tion applies: 30
(c) Schedule 3 describes the statutory areas to which the statutory acknow‐ ledgement relates.
Summary of historical account, acknowledgements, and apology of the Crown
Summary of historical account, acknowledgements, and apology | ||
(1) | Section 8 summarises in English and te reo Māori the historical account in the deed of settlement, setting out the basis for the acknowledgements and apology. | 35 |
Part 1 cl 8 Ngāti Hei Claims Settlement Bill
(2) | Sections 9 and 10 record in English and te reo Māori the text of the acknow‐ ledgements and apology given by the Crown to Ngāti Hei in the deed of settlement. | |
(3) | The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement. | 5 |
Summary of historical account | ||
(1) | In 1836 and 1837, a timber trader made agreements with Ngāti Hei rangatira over lands on either side of the Ounuora River. In 1839, another trader negoti‐ ated a land transaction for an area around Tairua. Both claims were investigated by the Land Claims Commissions. There were anomalies in the evidence | 10 |
presented to the Commissions. The boundaries of the transactions and the goods given in payment to Māori were sometimes unclear. After accepting the commissioners’ recommendations, the Crown awarded almost 7,000 acres of land in which Ngāti Hei had interests to European claimants. As a result, Ngāti Hei lost much of their coastal whenua. | 15 | |
(2) | Between 1858 and 1865, the Crown purchased Ahuahu from other Hauraki iwi. There is no evidence that Ngāti Hei were consulted about this purchase or that they received payment for their customary interests in the island. | |
(3) | Between 1859 and 1865, the Crown bought over 20,000 acres of land in the Ngāti Hei xxxx. The Crown did not provide reserves for Ngāti Hei; nor did it require any assessment as to whether Ngāti Hei retained adequate land for their needs. | 20 |
(4) | Between 1870 and 1890, 15 large blocks of 1,000 acres or more, totalling over 93,000 acres, were permanently alienated from Ngāti Hei. The Crown purchased 12 of those blocks, over 81,000 acres in total. | 25 |
(5) | In 1885, the Ngāti Hei owners of Kuaotunu 3 entered into a lease arrangement with a timber felling company. The owners considered that the lease gave the company only the right to harvest timber. The owners claimed that the company had deliberately misled them over the contents of the lease, which included rights to land. The timber company took its case to the Validation | 30 |
Court in 1895. Ngāti Hei incurred considerable costs attending the court hear‐ ing in Auckland. The court rejected the timber company’s case. At the same time, the Crown was in the process of purchasing interests in Kuaotunu 3. The Crown refused to give Ngāti Hei a reserve at Te Whauwhau, partly on the basis that there had been no reserve granted in the lease, despite the lease having no | 35 | |
legal standing. | ||
(6) | There has been a history of extractive industry in the Ngāti Hei xxxx, including kauri logging, kauri gum digging, flax milling, gold mining, and fishing. Ngāti Hei have derived little long-term benefit from these industries, and the damage done to the environment in their xxxx is a source of grievance for them. | 40 |
Ngāti Hei Claims Settlement Bill Part 1 cl 8
(7) In 1923, Xxxxxxxx Xxxxx of Ngāti Hei wrote to the Crown to ask for a survey of Ohinau Island for the purpose of taking her claims for ownership to the Native Land Court. The Crown reacted by delaying the Native Land Court hearings while it surveyed the island and took it under the Public Works
Act 1908. Although the Crown needed only a small part of the land for a 5 lighthouse, it acquired the whole 72-acre island.
(8) By the end of the twentieth century, Ngāti Hei were virtually landless. The resulting marginalisation of Ngāti Hei, including loss of te reo Māori, educa‐ tional underachievement, sickness, and socio-economic deprivation, caused the
iwi much suffering. The Crown’s discouragement of te reo Māori, along with 10 the fragmentation of Ngāti Hei tribal structures and the migration from ances‐
tral lands, severely impacted Ngāti Hei’s ability to pass mātauranga Māori on to their mokopuna.
Whakarāpopototanga o te Takenga mai ki ngā Kerēme o Ngāti Hei
(1) I te tau 1836 me te tau 1837, ka whakatau whakaaetanga tētahi kaitauhokohoko 15 rākau me ngā rangatira o Ngāti Hei mō ngā whenua i ngā tahataha e rua o te
Awa o Ounuroa. I te tau 1839, xx xxxx whenua tētahi atu kaitauhokohoko ki xx xxxx o Tairua. Ka hōparatia e te Kōmihana Kerēme Whenua ēnei kerēme. I puta ētahi raruraru i te taunakitanga i whakatakotoria ai ki mua i te kōmihana ā,
i tua atu, kāore i mārama xxx xxxx o aua hokonga, tae atu ki xxx xxxx i utungia 20 ki te Māori. Nō muri mai i te whakaaetanga a te Karauna ki ngā tūtohutanga a
ngā kaikōmihana, ka xxxxxx atu e te Karauna ngā whenua o Ngāti Hei, tata ki te 7,000 eka te rahi, ki ngā kaikerēme Pākehā. Ko te otinga atu, ka ngaro haere te nuinga o ngā whenua o Ngāti Hei i te takutai moana.
(2) Mai i te tau 1858 ki te tau 1865, ka hokona e te Karauna a Ahuahu mai i ētahi 25 atu iwi o Hauraki. Kīhai rawa he taunakitangi e whakaatu xxx, i whai wāhi a Ngāti Hei ki tēnei hokonga, i whiwhi pūtea rānei mō ō rātou pānga whenua
tuku iho ki te motu.
(3) Mai i te tau 1859 ki te tau 1865, hokona ai e te Karauna ētahi whenua, neke atu
i te 20,000 eka, i xx xxxx o Ngāti Hei. Kāore i tohaina e te Karauna he whenua 30 rāhui mō Ngāti Hei, kāore hoki i whakahaere arotakenga mēnā i pupuritia ai e Ngāti Hei he whenua rawaka hei oranga tonutanga mō rātou.
(4) Mai i te tau 1870 ki te tau 1890, ka ngaro pūmau ai ētahi poraka whenua nunui tekau mā rima, nui ake i te 1,000 eka te rahi. I hoko te Karauna ngā poraka 12,
huia katoatia nui ake i te 81,000 eka te rahi. 35
(5) I te tau 1885, ka uru ngā tāngata o Ngāti Hei, nō rātou a Kuaotunu, ki roto i tētahi whakaritenga ā-rīhi me tētahi kamupene poro rākau. Hi tā te hunga nō rātou te whenua, i tuku te rīhi i te mana poro rākau anake. Heoi anō, hei tā rātou anō hoki i āta mahi tinihanga te kamupene ki a rātou mō ngā whakaritenga o te rīhi, tae atu ki ngā mana whakahaere i te whenua. Xx xxxxx e 40
te kamupene xxxx kēhi ki xx Xxxxx Whakamana i te tau 1895. He nui tonu ngā utunga ki a Ngāti Hei kia haere atu ki te whakawātanga a xx Xxxxx i Ākarana, ki
Part 1 cl 9 Ngāti Hei Claims Settlement Xxxx
xxxxx i whakakāhoretia ai e xx Xxxxx te kerēme a te kamupene poro rākau. I taua wā anō, i xx xxxx pānga whenua te Karauna i a Kuaotunu 3. Xxxxx xx Karauna i whakaae kia tohaina he whenua rāhui mō Ngāti Hei i Te Whauwhau, ko tētahi take kāore i xxxxx e te rīhi he whenua rāhui ahakoa te mana kore o taua rīhi. | ||
(6) | He xxx xxxx te noho a te umanga tangotango rawa i xx xxxx o Ngāti Hei, mai i te poro rākau, te kerikeri kāpia, te mīra harakeke, te xxxx xxxxx me te mahi hī ika anō hoki. Pakupaku noa iho ngā painga wā roa i riro i a Ngāti Hei mai i ēnei umanga ā, xxxxxx tonutia xxx rātou ki te mamae mō te tūkinotanga ki te taiao i tō rātou xxxx. | 5 |
(7) | I te tau 1923, ka tuhi xxxx atu a Ngawhira Tanui o Ngāti Hei ki te Karauna ki te inoi rūritanga ki te Motu o Ahuahu, kia āhei ai ia te whakatakoto kerēme ā- taitara ki xx Xxxxx Whenua Māori. Ko te whakautu a te Karauna, he whakaroaroa i ngā whakawākanga a xx Xxxxx Whenua Māori i a ia e rūri xxx i te motu ā, ka tangohia te motu i raro i te Ture Hanganga Tūmatanui 1908. Ahakoa xx xxxx paku e hiahiatia xxx xxx hanga i te whare rama, ka tangohia te | 10 15 |
katoa o te motu, e 72 eka te rahi. | ||
(8) | Xxx xxxx mai ki te paunga o te rautau rua tekau, i tata whenua kore a Ngāti Hei. Nā te whakaiti i a Ngāti Hei, mai i te ngaro haere o te reo Māori, te kore e eke panuku i ngā taumata o te mātauranga, te māuiuitanga, tae atu ki te whakaeo ā- ahurea, ā-ōhanga hoki, i nui ai te mamae o te iwi. Nā te whakahētanga o te | 20 |
Karauna i te reo Māori, tae atu ki te tīhaehaetanga o ngā āhuatanga ā-iwi o Ngāti Hei me te wehewehe atu o te tokomaha i ngā whenua tuku iho, i nui ai te pā o te kino ki te kaha o Ngāti Hei ki te tuku iho i te Mātauranga Māori ki ā rātou mokopuna. | ||
Acknowledgements | 25 | |
(1) | The Crown acknowledges that Ngāti Hei have well-founded and strongly felt grievances and that until now it has failed to address those in an appropriate manner. The Crown’s provision of redress to Ngāti Hei for those historical grievances is long overdue. | |
(2) | The Crown acknowledges the contribution that Ngāti Hei have made to New Zealand’s war efforts overseas. | 30 |
(3) | The Crown acknowledges that Ngāti Hei have a long-held grievance about the manner in which the Crown acquired land from the Purangi, Whenuakite, and Hahei blocks through pre-1865 purchases, including the Crown’s failure to provide— | 35 |
(a) reserves for Ngāti Hei, and failing to ensure that Ngāti Hei were able to reserve sites of particular significance and places of residence within the Crown purchase blocks; and | ||
(b) leasing as an alternative to purchase when it acquired those blocks; and | ||
(c) surveys that defined the exact boundaries of the Purangi, Whenuakite, and Hahei blocks at the time of the purchase. | 40 |
Ngāti Hei Claims Settlement Bill Part 1 cl 9
(4) The Crown acknowledges that it failed to investigate and recognise the custom‐ ary interests of Ngāti Hei in Ahuahu (Great Mercury Island) when it purchased the island from other Hauraki iwi, and that this failure was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(5) The Crown acknowledges that— 5
(a) it introduced the native land laws without consulting Ngāti Hei and the individualisation of title imposed on Ngāti Hei lands was inconsistent with Ngāti Hei tikanga; and
(b) Ngāti Hei whānau and xxxx had no choice but to participate in the Native Land Court system to protect their interests in their lands and to 10
integrate land into the modern economy; and
(c) the operation and impact of the native land laws, in particular the award‐ ing of land to individual Ngāti Hei rather than to their iwi or hapū, made those lands more susceptible to partition and alienation; and
(d) those actions contributed to the erosion of the traditional tribal structures 15
of Ngāti Hei, which were based on collective tribal and hapū custodian‐ ship of land, and the Crown failed to take adequate steps to protect those structures and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(6) The Crown further acknowledges that the Native Land Court title determin‐ 20
ation process carried significant costs, including survey and hearing costs, which at times led to further alienations of Ngāti Hei land.
(7) The Crown acknowledges that the degradation of the environment arising from gold mining, gum digging, flax milling, commercial fishing, deforestation and
associated burn-off, siltation, introduced weeds and pests, farm run-off, and 25
other pollution has been a source of distress and grievance to Ngāti Hei. The Crown further acknowledges that this greatly harmed traditional sources of kai, and that Ngāti Hei actively protested environmental damage in their xxxx.
(8) The Crown acknowledges that the costs associated with travelling to Auckland
to attend a Validation Court hearing regarding a disputed timber lease caused 30
Ngāti Hei hardship, and that this contributed to pressure to alienate the Kuao‐ tunu 3 block. The Crown further acknowledges that it failed to grant Ngāti Hei a reserve when it alienated the Kuaotunu 3 block because no reserve had been granted in the terms of the timber lease, despite the lease being ruled invalid in
the Validation Court. 35
(9) The Crown acknowledges that Ngāti Hei were rendered virtually landless due to the cumulative effect of the Crown’s actions and omissions. The Crown acknowledges that its failure to ensure that Ngāti Hei retained sufficient lands for their present and future needs was a breach of te Tiriti o Waitangi/the Treaty
of Waitangi and its principles. 40
Part 1 cl 9 Ngāti Hei Claims Settlement Bill
(10) The Crown acknowledges that the loss of land and resources had a negative impact on the ability of Ngāti Hei to participate in new economic opportunities and challenges emerging within their xxxx in the twentieth century.
(11) The Crown acknowledges that—
(a) it compulsorily acquired Ohinau Island in 1924 under public works 5 legislation, and that it failed to identify the owners and pay them compensation despite a legal requirement to do so, and despite knowing
of Ngāti Hei interests in the island; and
(b) it took the whole 72-acre island when only 800 square metres were needed for the lighhouse; and 10
(c) it failed adequately to consult Ngāti Hei over the extent of the acquisi‐ tion, and as a result Ngāti Hei were not aware until after the proclam‐ ation that the whole island had been taken; and
(d) those actions prejudiced Ngāti Hei, did not meet the standards of good
faith and fair dealing that found expression in te Tiriti o Waitangi/the 15
Treaty of Waitangi, and constitute a breach of the Treaty of Waitangi and its principles.
(12) The Crown acknowledges the harm endured by many Ngāti Hei tamariki from decades of Crown policies that strongly discouraged the use of te reo Māori
in schools. The Crown also acknowledges the detrimental effects this had 20
on Māori language proficiency and fluency and the impact on the inter-gen‐ erational transmission of te reo Māori and knowledge of mātauranga Māori practices.
Whakaaetanga o te Karauna ki a Ngāti Hei
(1) E whakaae xxx te Karauna ki ngā nawe, kīhai rawa i whakatikaina i runga i te 25
tika me te pono, ā xxx xxx mai ki nāianei. Tōmuri rawa te tuku rongoā a te Karauna ki a Ngāti Hei mō ēnei mamaetanga o ngā tau roa kua hipa.
(2) E whakaae xxx te Karauna ki te takoha o ērā uri o Ngāti Hei i whawhai mō Aotearoa i ngā pakanga ki tāwāhi.
(3) E whakaae xxx te Karauna, mō ngā tau roa i mamae ai a Ngāti Hei i te mahi 30
kimi whenua a te Karauna mai i ngā poraka o Purangi, o Whenuakite me Hahei nā ngā hokonga i mua i te tau 1865, tae atu ki te hapanga o te Karauna ki te whakarato—
(a) he whenua rāhui mō Ngāti Hei, me te hapanga ki te whakaū i te mana o Ngāti Hei ki te whakarāhui wāhi whai tikanga me xxx xxxx whakatū 35
whare mō Ngāti Hei ki roto i ngā poraka whenua i hokona ai e te Karauna; ā
(b) he rīhi hei huarahi kē atu i te hokonga xxxx ka whiwhi i ēnei poraka whenua; ā
(c) he rūritanga hoki e tautohu xxx i xxx xxxx tōtika o ngā poraka whenua o 40
Purangi, o Whenuakite me Hahei i te wā o te hokonga atu.
Ngāti Hei Claims Settlement Bill Part 1 cl 9
(4) E whakaae xxx te Karauna ki xxxx hapanga ki te hōpara, ki te whakamana hoki i ngā pānga tuku iho o Ngāti Hei ki Ahuahu i te wā i hokona mai ai taua motu i ētahi atu iwi o Hauraki, ā he takahitanga tēnei i te Tiriti o Waitangi me ōna mātāpono.
(5) E whakaae xxx te Karauna— 5
(a) nāna i whakatau ngā ture whenua Māori me te kore e āta whiriwhiri kōrero me Ngāti Hei, ā he tikanga kē ki a Ngāti Hei te whakatakitahi taitara i whakaritea ki runga i ngā whenua o Ngāti Hei; ā
(b) kāore he huarahi kē atu i te uru ki te pūnaha o xx Xxxxx Whenua Māori
hei whakamarumaru i ō rātou pānga ki ēnei whenua, ā ki te whakakotahi 10
anō hoki i te whenua ki roto i te ōhanga hou; ā
(c) nā te whakahaere me te pānga o ngā ture whenua Māori, mātua tonu, ko te whakaae whenua atu ki ngā tāngata takitahi o Ngāti Hei, kaua ki ō rātou iwi, ki ō rātou hapū rānei, i ngāwari ake ai te whakawehewehe me
te whakangarongaro whenua; ā 15
(d) ka tāpiritia ēnei mahi hē ki te turakitanga o ngā whakahaeretanga tuku iho ā-iwi o Ngāti Hei. He āhuatanga i pūtake mai i te kaitiakitanga ā-iwi, ā-hapū i te whenua; i tua atu, ka hapa te Karauna ki te āta whakamarumaru i ēnei āhuatanga, ā he takahitanga tērā i te Tiriti o
Waitangi me ōna mātāpono. 20
(6) E whakaae xxx anō hoki te Karauna, nā te hātepe whakatau taitara a xx Xxxxx Whenua Māori i pā xxx xxx utunga nui, tae atu ki xxx xxx ā-rūri, ā-whakawā hoki ā, ko te otinga ake i ētahi wā, ko te ngaronga whenua anō o Ngāti Hei.
(7) E whakaae xxx te Karauna, nā ngā mahi tūkino i te taiao mai i ngā kaupapa xxxx xxxxx, xxxx kāpia, te mīra harakeke, te kaupapa hī ika ā-arumoni, te patupatu 25
ngahere me ngā tahunga ahi, te parakiwai, xx xxx mai i ngā tarutau me ngā ngāngara, ngā ruketanga para pāmu me ētahi atu momo para, ka pā te kaha āwangawanga, mamae anō hoki ki a Ngāti Hei. E whakaae xxx anō te Karauna, xx xxxx tāmatematea xxx xxxx whakatupu kai o mua ā, he kaha te whakahē o
Ngāt Hei ki ēnei tūkinotanga ā-taiao i tō rātou xxxx. 30
(8) E whakaae xxx te Karauna, nā ngā utunga ki te haere ki Ākarana ki tētahi whakawātanga a xx Xxxxx Whakamana e pā xxx ki te tautohenga mō tētahi rīhi poro rākau, i whakapāwera a Ngāti Hei ā, i kaha ake ai te hiahia ki xx xxxx atu i te poraka o Kuaotunu 3. I tua atu, e whakaae xxx anō te Karauna ki xxxx hē arā
te kore e whakaae whenua rāhui ki a Ngāti Hei i te wā i tangohia ai a Kuaotunu 35
3, nā te mea kaore i whakaaetia he whenua rāhui i ngā whakaritenga o te rīhi poro rākau, ahakoa anō te whakatau manakore o taua rīhi poro rākau i xx Xxxxx Whakamana.
(9) E whakaae xxx te Karauna, nā te pānga o ngā mahi me ngā hapanga katoa a te Karauna, i whenua kore ai a Ngāti Hei. E whakaae xxx te Karauna, nā xxx 40
hapanga ki te whakaū whenua e tika xxx ki a Ngāti Hei e ea ai ō rātou hiahia mō nāianei, mō āpōpō hoki, ka takahia te Tiriti o Waitangi me ōna mātāpono.
Part 1 cl 10 Ngāti Hei Claims Settlement Bill
(10) E whakaae xxx te Karauna, i pā kino te whakangaro whenua, rawa anō hoki ki te āheinga o Ngāti Hei ki te uru atu ki ngā huarahi ohanga hou me xxx xxxx e tupu xxx xxx i tō rātou xxxx i te rautau rua tekau.
(11) E whakaae xxx te Karauna—
(a) nāna i tango te Motu o Ohinau i te tau 1924 i raro i ngā hanganga ture ā- 5 mahinga tūmatanui ā, kāore i tautohua ngā tāngata nō rātou te whenua
kia utungia ai he kamupeneheihana, ahakoa te whakaritenga o te ture me te mōhio tonu ki ngā pānga o Ngāti Hei ki te motu; ā
(b) i tangohia xx xxxxx o te motu, e 72 eka te rahi, ahakoa te 800 mita ā- porowhā anake e hiahiatia xxx kia tū ai te whare rama; ā 10
(c) i hapa ki te āta whakawhitiwhiti kōrero me Ngāti Hei mō te whānuitanga o tēnei hokonga ā, ko te tukunga iho, kāore a Ngāti Hei i mōhio ka tūmatanui rā anō ai te tangohanga katoa o te motu; ā
(d) nā ēnei mahi i whakaiti ai a Ngāti Hei, a, kāore i tutuki ngā taumata o te pono me te tika i whakahuatia ake i roto i te Tiriti o Waitangi ā, ka 15
takahia anōtia te Tiriti o Waitangi me ōna mātāpono.
(12) E whakaae xxx te Karauna ki ngā mamae i pā ki ngā tamariki a Ngāti Hei mō te kōrero Māori mai i ngā tekau tau e whakahau xxx xxx kaupapa here a te Karauna kia kaua e whakamahia te reo Māori i xxx xxxx. E whakaae xxx xxxx
te Karauna mō ngā pānga kikino ki te matataunga me te kōrerotia o te reo 20
Māori, tae atu ki te pānga ki te tuku iho i te reo Māori me te mōhio ki ngā ritenga Mātauranga Māori a tētahi whakatipuranga ki tētahi whakatipuranga.
Crown apology
The text of the apology offered by the Crown to Ngāti Hei, to your tūpuna and 25
to your mokopuna, as set out in the deed of settlement, is as follows:
“(a) The Crown prejudiced Ngāti Hei by promoting laws and policies that led to the loss of your whenua, and damage to the environment that sustains you. The relationship between the Crown and Ngāti Hei might have
been one of mutual advantage. Instead, the Crown’s acts and omissions 30
have severely undermined Ngāti Hei’s well-being and ability to pass on mātauranga Māori to your mokopuna.
(b) For its actions that harmed Ngāti Hei, and for its breaches of te Tiriti o Waitangi/the Treaty of Waitangi and its principles, the Crown unreserv‐
edly apologises. 35
(c) Through this settlement, the Crown acknowledges the mana and ranga‐ tiratanga of Ngāti Hei and hopes to restore its own honour, which has been tarnished by its history of failures in relation to its Treaty partner.
Let us begin again, and together build an enduring relationship based on mutual trust, respect, and good faith, guided by te Tiriti o Waitangi/the 40
Treaty of Waitangi and the spirit in which it was entered into.”
Ngāti Hei Claims Settlement Bill Part 1 cl 12
Whakapāhatanga a te Karauna
Ka tāpae atu te Karaunai i tēnei whakapāhatanga ki a Ngāti Hei, ki ō koutou tūpuna, ki ā koutou mokopuna anō hoki:
“(a) | I whakatoihara te Karauna i a Ngāti Hei nā te whakatairanga ture, kaupapa here anō hoki i whakangaro atu ai i ō koutou whenua tae atu ki te tūkinotanga ā-taiao. Me he wā kē atu, kua whiwhi painga ngātahi mai te Karauna me Ngāti Hei. Engari, nā ngā mahi me ngā hapanga a te Karauna i kaha ai te memehatanga o te oranga o Ngāti Hei, tae atu ki te āheinga ki te tuku iho i te Mātauranga Māori atu ki ā rātou mokopuna. | 5 |
(b) | Mō xxx mahi i kaha mamae ai a Ngāti Hei me xxx takahitanga o te Tiriti o Waitangi me ōna mātāpono, xx xxxx whakapāhatanga herekore te Karauna. | 10 |
(c) | Mā tēnei whakataunga ka whakaae te Karauna ki te mana me te rangatiratanga o Ngāti Hei, tae atu ki xxxx hiahia ki te whakahou i xx xxxxxx kua waikuratia e ōna hapanga xxx xx anō ki xxxx xxx Tiriti. Me | 15 |
tīmata anō tātou ki te whakawhanaunga pūmau mā te whakapono ngātahi, te whakamiha me te ngākau pono. He āhuatanga e aratakina ai e te Tiriti o Waitangi me xxxx wairua atawhai.” |
Interpretation of Act generally | 20 | |
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement. | ||
Interpretation | ||
(1) | In this Act, unless the context otherwise requires,— | |
administering body has the meaning given in section 2(1) of the Reserves Act 1977 | 25 | |
aquatic life has the meaning given in section 2(1) of the Conservation Act 1987 | ||
attachments means the attachments to the deed of settlement | ||
commercial redress property has the meaning given in section 137 | 30 | |
Commissioner of Crown Lands means the Commissioner of Crown Lands appointed in accordance with section 24AA of the Land Act 1948 | ||
consent authority has the meaning given in section 2(1) of the Resource Management Act 1991 | ||
conservation area has the meaning given in section 2(1) of the Conservation Act 1987 | 35 | |
conservation management plan has the meaning given in section 2(1) of the Conservation Act 1987 |
Part 1 cl 12 Ngāti Hei Claims Settlement Bill
conservation management strategy 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
cultural redress property has the meaning given in section 22
deed of settlement— 5
(a) means the deed of settlement dated 17 August 2017 and signed by—
(i) the Honourable Xxxxxxxxxxx Xxxxxxxxx, Minister for Treaty of Waitangi Negotiations, and the Honourable Xxxxxx Xxxxxxx Xxxxx,
Minister of Finance, for and on behalf of the Crown; and
(ii) Xxxxxx Xxxx Xxxxxxx Xxxxx and Xxxxx Xxxxx Xxxxxxxx, for and on 10
behalf of Ngāti Hei; and
(iii) Xxxxxx Xxxx Xxxxxxx Xxxxx, Xxxxx Xxxxxxx Xxxxx Xxxx, Xxxxx Xxxxx Xxxx, Xxxxx Xxxxxx Xxxxx Xxxx, Xxxxxxx Xxxxxxx Bal‐ xxx, Xxxxx Xxxxx Xxxxxxxx, and Xxxxxx Xxxxx XxXxxx, being the
trustees of the Hei o Wharekaho Settlement Trust; and 15
(b) includes—
(i) the schedules of, and attachments to, the deed; and
(ii) any amendments to the deed or its schedules and attachments
deferred selection property has the meaning given in section 137
descendants has the meaning given in section 74 20
Director-General means the Director-General of Conservation
documents schedule means the documents schedule of the deed of settlement
effective date means the date that is 6 months after the settlement date
Hei o Wharekaho Settlement Trust means the trust of that name established
by a trust deed dated 17 August 2017 25
historical claims has the meaning given in section 14
interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property
jointly vested property has the meaning given in section 22
LINZ means Land Information New Zealand 30
local authority has the meaning given in section 5(1) of the Local Government Act 2002
member of Ngāti Hei means an individual referred to in section 13(1)(a)
national park management plan has the meaning given to management plan
in section 2 of the National Parks Act 1980 35
Xxxxxx Xxxxxxxxx Xxxxxxxx Trust means the trust of that name established by a trust deed dated 16 May 2019
Ngāti Hei Claims Settlement Bill Part 1 cl 12
Ngāti Maru Rūnanga Trust means the trust of that name established by a trust deed dated 15 October 2013
Ngāti Tamaterā Treaty Settlement Trust means the trust of that name estab‐ lished by a trust deed dated 22 October 2013
Ohinau Island has the meaning given in section 73(4) 5
overlay classification has the meaning given in section 99
property redress schedule means the property redress schedule of the deed of settlement
record of title has the meaning given in section 5(1) of the Land Transfer Act 2017 10
Registrar-General has the meaning given to Registrar in section 5(1) of the Land Transfer Act 2017
representative entity means—
(a) the trustees; and
(b) any person, including any trustee, acting for or on behalf of— 15
(i) the collective group referred to in section 13(1)(a); or
(ii) 1 or more members of Ngāti Hei; or
(iii) 1 or more of the whānau, hapū, or groups referred to in section 13(1)(c)
reserve has the meaning given in section 2(1) of the Reserves Act 1977 20
reserve property has the meaning given in section 22
resource consent has the meaning given in section 2(1) of the Resource Man‐ agement Act 1991
Ruamāhua has the meaning given in section 74
settlement date means the date that is 60 working days after the date on which 25
this Act comes into force
statutory acknowledgement has the meaning given in section 114
tikanga means customary values and practices
trustees of the Hei o Wharekaho Settlement Trust and trustees mean the trustees, acting in their capacity as trustees, of the Hei o Wharekaho Settlement 30
Trust
working day means a day other than—
(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Xx Xxx ki a Matariki/Matariki Observ‐
ance Day, and Labour Day: 35
(b) if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the follow‐ ing Monday:
Part 1 cl 13 Ngāti Hei Claims Settlement Bill
(c) a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year: | ||
(d) the days observed as the anniversaries of the provinces of Auckland and Wellington. | ||
(2) | In this Act,— | 5 |
(a) a reference to the vesting of a cultural redress property, or the vesting of the fee simple estate in a cultural redress property, includes the vesting of an undivided share of the fee simple estate in the property; and | ||
(b) a reference to the transfer of the commercial redress property or a defer‐ red selection property, or the transfer of the fee simple estate in such | 10 | |
property, includes the transfer of an undivided share of the fee simple estate in the property. | ||
Meaning of Ngāti Hei | ||
(1) | In this Act, Ngāti Hei— | |
(a) means the collective group composed of individuals who are descended from an ancestor of Ngāti Hei; and | 15 | |
(b) includes those individuals; and | ||
(c) includes any whānau, hapū, or group to the extent that it is composed of those individuals. | ||
(2) | In this section and section 14,— | 20 |
ancestor of Ngāti Hei means an individual who— | ||
(a) exercised customary rights by virtue of being descended from— | ||
(i) Hei; or | ||
(ii) Waitaha O Hei; or | ||
(iii) Tuhukea; or | 25 | |
(iv) any other recognised ancestor of a group referred to in part 11 of the deed of settlement; and |
(b) exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840
area of interest means the area shown as the Ngāti Hei area of interest in 30 part 1 of the attachments
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 35
descended means that a person is descended from another person by—
(a) birth; or
Ngāti Hei Claims Settlement Bill Part 1 cl 14
(b) legal adoption; or (c) Māori customary adoption in accordance with Ngāti Hei tikanga | ||
general matters schedule means the general matters schedule of the deed of | ||
settlement. | ||
Meaning of historical claims | 5 | |
(1) | In this Act, historical claims— | |
(a) means the claims described in subsection (2); and | ||
(b) includes the claims described in subsections (3) and (4); but | ||
(c) does not include the claims described in subsection (5). | ||
(2) | The historical claims are every claim that Ngāti Hei or a representative entity | 10 |
had on or before the settlement date, or may have after the settlement date, and | ||
that— | ||
(a) is founded on a right arising— | ||
(i) from the Treaty of Waitangi or its principles; or | ||
(ii) under legislation; or | 15 | |
(iii) at common law (including aboriginal title or customary law); or | ||
(iv) from a fiduciary duty; or | ||
(v) otherwise; and | ||
(b) arises from, or relates to, acts or omissions before 21 September 1992— | ||
(i) by or on behalf of the Crown; or | 20 | |
(ii) by or under legislation. | ||
(3) | The historical claims include— | |
(a) every claim to the Waitangi Tribunal that relates exclusively to Ngāti Hei | ||
or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claims: | 25 |
(i) Wai 110 (The Ngāti Hei claims):
(ii) Wai 705 (Whitianga Township and Te Whanganui-o-Hei Harbour claim); and
(b) every other claim to the Waitangi Tribunal, including the claims listed in
subsection (4), if and to the extent that— 30
(i) the claim relates to Ngāti Hei or a representative entity; and
(ii) subsection (2) applies to the claim.
(4) The claims referred to in subsection (3)(b) include—
(a) Wai 100 (Hauraki Māori Trust Board claim); and
(b) Wai 355 (Hikutaia and Whangamata Land claim); and 35
(c) Wai 373 (Maramarua State Forest claim); and
Part 1 cl 15 Ngāti Hei Claims Settlement Bill
(d) Wai 374 (Auckland Central Railways Land claim); and
(e) Wai 475 (Whangapoua Forest claim); and
(f) Wai 496 (Tamaki Girls College and Other Lands within Tāmaki Makaurau claim); and
(g) Wai 650 (Athenree Forest and Surrounding Lands claim); and 5
(h) Wai 693 (Matamataharakeke Blocks claim); and
(i) Wai 720 (Mahurangi-Omaha (Hauraki Gulf) claim); and
(j) Wai 969 (Xxxxx Xxxxxxxx Whānau Hauraki Lands claim).
(5) However, the historical claims do not include—
(a) a claim that a member of Ngāti Hei, or a whānau, hapū, or group referred 10
to in section 13(1)(c), had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not an ancestor of Ngāti Hei; or
(b) a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a). 15
(6) A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.
Historical claims settled and jurisdiction of courts, etc, removed
15 Settlement of historical claims final 20
(1) The historical claims are settled.
(2) The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
(3) Subsections (1) and (2) do not limit— 25
(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 30
respect of—
(a) the historical claims; or
(b) the deed of settlement; or
(c) this Act; or
(d) the redress provided under the deed of settlement or this Act; or 35
(e) each of the following, to the extent that it relates to Ngāti Hei:
(i) the collective deed:
Ngāti Hei Claims Settlement Bill Part 1 cl 18
(ii) the Pare Hauraki Collective Redress Act 2022:
(iii) the redress provided under the collective deed or the Pare Haur- aki Collective Redress Act 2022.
(5) Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of— 5
(a) the deed of settlement; or
(b) the collective deed; or
(c) this Act; or
(d) the Pare Hauraki Collective Redress Act 2022.
(6) In this section, collective deed means the Pare Hauraki collective deed as 10
defined in section 9 of the Pare Hauraki Collective Redress Act 2022.
Amendment to Treaty of Waitangi Act 1975
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: Ngāti Hei Claims Settlement Act 2022, section 15(4) and (5) | 15 |
Certain enactments do not apply | ||
(1) | The enactments listed in subsection (2) do not apply— | |
(a) to a cultural redress property; or | 20 | |
(b) to the commercial redress property; or | ||
(c) to a deferred selection property on and from the date of its transfer to the | ||
trustees; or | ||
(d) for the benefit of Ngāti Hei or a representative entity. | ||
(2) | The enactments are— | 25 |
(a) Part 3 of the Crown Forest Assets Act 1989: | ||
(b) sections 568 to 570 of the Education and Training Act 2020: | ||
(c) Part 3 of the New Zealand Railways Corporation Restructuring Act | ||
1990: | ||
(d) sections 27A to 27C of the State-Owned Enterprises Act 1986: | 30 | |
(e) sections 8A to 8HJ of the Treaty of Waitangi Act 1975. | ||
Resumptive memorials to be cancelled | ||
(1) | The chief executive of LINZ must issue to the Registrar-General 1 or more | |
certificates that specify the legal description of, and identify the record of title | ||
for, each allotment that— | 35 |
Part 1 cl 19 Ngāti Hei Claims Settlement Bill
(a) is all or part of—
(i) a cultural redress property:
(ii) the commercial redress property:
(iii) a deferred selection property; and
(b) is subject to a resumptive memorial recorded under an enactment listed 5 in section 17(2).
(2) The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after—
(a) the settlement date, for a cultural redress property or the commercial redress property; or 10
(b) the date of transfer of the property to the trustees, for a deferred selection property.
(3) Each certificate must state that it is issued under this section.
(4) As soon as is reasonably practicable after receiving a certificate, the Registrar- General must— 15
(a) register the certificate against each record of title identified in the certifi‐ cate; and
(b) cancel each memorial recorded under an enactment listed in section 17(2) on a record of title identified in the certificate, but only in respect
of each allotment described in the certificate. 20
Limit on duration of trusts does not apply | ||
(1) | A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16 of the Trusts Act 2019,— | |
(a) do not prescribe or restrict the period during which— | 25 | |
(i) the Hei o Wharekaho Settlement Trust may exist in law; or | ||
(ii) the trustees may hold or deal with property or income derived from property; and | ||
(b) do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that | 30 | |
Act would otherwise make the document, or a right conferred by the document, invalid or ineffective. | ||
(2) | However, if the Hei o Wharekaho Settlement Trust is or becomes a charitable trust, the trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019. | 35 |
Ngāti Hei Claims Settlement Bill Part 2 cl 22
20 Access to deed of settlement
The chief executive of the Office for Māori Crown Relations—Te Arawhiti must make copies of the deed of settlement available—
(a) for inspection free of charge, and for purchase at a reasonable price, at that Office in Wellington between 9 am and 5 pm on any working day; 5 and
(b) free of charge on an Internet site maintained by or on behalf of that Office.
21 Provisions that have same effect
If a provision in this Act has the same effect as a provision in another Act, the 10 provisions must be given effect to only once, as if they were 1 provision.
Part 2 Cultural redress
Subpart 1—Vesting of cultural redress properties
In this subpart,—
cultural redress property means each of the following properties, and each property means the land of that name described in Parts 1 and 2 of Sched- ule 1:
Properties vested in fee simple 20
(a) Kohuamuri:
(b) Purangi:
(c) Rangihau:
(d) Tapu Point property:
Properties vested in fee simple to be administered as reserves 25
(e) Hereheretaura Pā:
(f) Kaitoke / Pukekaroro:
(g) Matarangi Pā:
(h) Opua:
(i) Paparoa site A: 30
(j) Paparoa site B:
(k) Puke Pakira:
(l) Pukeumu:
(m) Xx Xxxx Pā:
Part 2 cl 23 Ngāti Hei Claims Settlement Bill
(n) Xx Xxxx:
(o) Te Rerepiki:
(p) Whitianga Pā:
Properties jointly vested in fee simple to be administered as reserves
(q) Ahuahu / Great Mercury Island property: 5
(r) Opera Point property:
(s) Pauanui Tihi:
Property vested in fee simple subject to conservation covenant
(t) Opou
Hako settlement legislation means legislation that— 10
(a) settles the historical claims of Xxxx; and
(b) provides for the vesting of an undivided sixth share of the fee simple estate in the Ahuahu / Great Mercury Island property in the trustees of the Hako Tūpuna Trust
Hako Tūpuna Trust means the trust of that name established by a trust deed 15
dated 26 August 2014
Hauraki Gulf Marine Park means the park established under section 33 of the Hauraki Gulf Marine Park Act 2000
jointly vested property means each of the properties named in paragraphs
(q) to (s) of the definition of cultural redress property 20
Ngāti Porou ki Hauraki settlement legislation means legislation that—
(a) settles the historical claims of Ngāti Porou ki Hauraki; and
(b) provides for the vesting of an undivided sixth share of the fee simple estate in the Ahuahu / Great Mercury Island property in the entity that represents the members of Ngāti Porou ki Hauraki (the Ngāti Porou ki 25
Hauraki entity)
reserve property means each of the properties named in paragraphs (e) to
(s) of the definition of cultural redress property
Te Patukirikiri Iwi Trust means the trust of that name established by a trust
deed dated 24 October 2013. 30
Properties vested in fee simple
Kohuamuri | ||
(1) | Kohuamuri ceases to be a conservation area under the Conservation Act 1987, and accordingly ceases to be part of the Hauraki Gulf Marine Park. | |
(2) | The fee simple estate in Kohuamuri vests in the trustees. | 35 |
Ngāti Hei Claims Settlement Bill Part 2 cl 29
Purangi | ||
(1) | The reservation of Purangi (being Diggers Hill Scenic Reserve) as a scenic | |
reserve subject to the Reserves Act 1977 is revoked, and accordingly Purangi | ||
ceases to be part of the Hauraki Gulf Marine Park. | ||
(2) | The fee simple estate in Purangi vests in the trustees. | 5 |
Rangihau | ||
(1) | Rangihau ceases to be a conservation area under the Conservation Act 1987, | |
and accordingly ceases to be part of the Hauraki Gulf Marine Park. | ||
(2) | The fee simple estate in Rangihau vests in the trustees. | |
Tapu Point property | 10 | |
The fee simple estate in the Tapu Point property vests in the trustees. | ||
Properties vested in fee simple to be administered as reserves | ||
Hereheretaura Pā | ||
(1) | Hereheretaura Pā ceases to be a conservation area under the Conservation Act | |
1987, and accordingly ceases to be part of the Hauraki Gulf Marine Park. | 15 | |
(2) | The fee simple estate in Hereheretaura Pā vests in the trustees. | |
(3) | Hereheretaura Pā is— | |
(a) declared a reserve and classified as a historic reserve subject to section | ||
18 of the Reserves Act 1977; and | ||
(b) included in the Hauraki Gulf Marine Park as provided for by section 72 of this Act. | 20 | |
(4) | The reserve is named Hereheretaura Pā Historic Reserve. | |
Kaitoke / Pukekaroro | ||
(1) | Kaitoke / Pukekaroro ceases to be a conservation area under the Conservation | |
Act 1987, and accordingly ceases to be part of the Hauraki Gulf Marine Park. | 25 | |
(2) | The fee simple estate in Kaitoke / Pukekaroro vests in the trustees. | |
(3) | Kaitoke / Pukekaroro 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 Kaitoke / Pukekaroro Scenic Reserve. | |
Matarangi Pā | 30 | |
(1) | The reservation of Matarangi Pā (being part of Matarangi Bluff Scenic | |
Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked, and | ||
accordingly Matarangi Pā ceases to be part of the Hauraki Gulf Marine Park. | ||
(2) | The fee simple estate in Matarangi Pā vests in the trustees. |
Part 2 cl 30 Ngāti Hei Claims Settlement Bill
(3) Matarangi Pā is declared a reserve and classified as a scenic reserve for the
(4) | purposes specified in section 19(1)(a) of the Reserves Act 1977. The reserve is named Matarangi Pā Scenic Reserve. | |
Opua | ||
(1) | The reservation of Opua (being Cook Bluff Scenic Reserve) as a scenic reserve | 5 |
subject to the Reserves Act 1977 is revoked, and accordingly Opua ceases to be | ||
part of the Hauraki Gulf Marine Park. | ||
(2) | The fee simple estate in Opua vests in the trustees. | |
(3) | Opua is— | |
(a) declared a reserve and classified as a scenic reserve for the purposes | 10 | |
specified in section 19(1)(a) of the Reserves Act 1977; and | ||
(b) included in the Hauraki Gulf Marine Park as provided for by section 72 of this Act. | ||
(4) | The reserve is named Opua Scenic Reserve. | |
Paparoa site A | 15 | |
(1) | The reservation of Paparoa site A (being part of Xxxxxxxxxxx’x Xxxxx Scenic | |
and Historic Reserve) as a scenic and historic reserve subject to the Reserves | ||
Act 1977 is revoked, and accordingly Paparoa site A ceases to be part of the | ||
Hauraki Gulf Marine Park. | ||
(2) | The fee simple estate in Paparoa site A vests in the trustees. | 20 |
(3) | Paparoa site A is— | |
(a) declared a reserve and classified as a local purpose (education and cul‐ | ||
tural) reserve subject to section 23 of the Reserves Act 1977; and | ||
(b) included in the Hauraki Gulf Marine Park as provided for by section 72 of this Act. | 25 | |
(4) | The reserve is named Paparoa Local Purpose (Education and Cultural) | |
Reserve. | ||
(5) | The joint management body established by section 64 is the administering | |
body of the reserve, and the Reserves Act 1977 applies to the reserve as if the | ||
reserve were vested in that body (as if the body were trustees) under section 26 | 30 | |
of that Act. | ||
(6) | However, the joint management body may exercise or perform, as if it were | |
a local authority, a power or function that the Minister of Conservation has | ||
delegated to local authorities under section 10 of the Reserves Act 1977, but | ||
only to the extent that the power or function is relevant to the reserve. | 35 |
Ngāti Hei Claims Settlement Bill Part 2 cl 33
Council improvements attached to Paparoa site A | ||
(1) | This section applies to the improvements owned by the Thames–Coromandel | |
District Council (the Council) and attached to Paparoa site A (the property) as at the date of its vesting under section 31(2), and despite that vesting. | ||
(2) | Improvements owned by the Council immediately before the vesting— | 5 |
(a) remain vested in the Council; and | ||
(b) are personal property, no longer forming part of the property, and do not | ||
confer an estate or interest in the property; and | ||
(c) may remain attached to the property without the consent of the owners | ||
of the property or the administering body, and without charge; and | 10 | |
(d) may be accessed, used, occupied, repaired, or maintained by the Coun‐ | ||
cil, or those authorised by the Council, at any time without the consent | ||
of the owners of the property or the administering body, and without | ||
charge. | ||
(3) | Improvements referred to in subsection (2) may, without charge, but sub‐ ject to any relevant statutory requirement, be removed or demolished by the | 15 |
Council at any time without the consent of the owners of the property or the | ||
administering body. | ||
(4) | However, the Council must— | |
(a) give the owners of the property and the administering body not less than | 20 | |
15 working days’ written notice of the intended removal or demolition; | ||
and | ||
(b) after the removal or demolition, ensure that the land is left in a clean and | ||
tidy condition. | ||
(5) | Subsection (2) applies subject to any other enactment that governs the own‐ ership of an improvement. | 25 |
(6) | For the purposes of administering the reserve under the Reserves Act 1977, the | |
administering body is responsible for any decisions in respect of a matter that | ||
arises from a person exercising, or purporting to exercise, a right in relation to | ||
an improvement attached to the property. | 30 | |
(7) | Subsection (6) is subject to any other enactment that governs the use of the improvement concerned. | |
(8) | The | |
which they would, apart from this section, be liable by reason of their owner‐ | ||
ship of the property. | 35 | |
Paparoa site B | ||
(1) | The reservation of Paparoa site B (being part of Xxxxxxxxxxx’x Xxxxx Scenic | |
and Historic Reserve) as a scenic and historic reserve subject to the Reserves |
Part 2 cl 34 Ngāti Hei Claims Settlement Bill
Act 1977 is revoked, and accordingly Paparoa site B ceases to be part of the Hauraki Gulf Marine Park. | ||
(2) | The fee simple estate in Paparoa site B vests in the trustees. | |
(3) | Paparoa site B is— | |
(a) declared a reserve and classified as a scenic and historic reserve for the | 5 | |
purposes specified in sections 19(1)(a) and 18 of the Reserves Act 1977; | ||
and | ||
(b) included in the Hauraki Gulf Marine Park as provided for by section 72 of this Act. | ||
(4) | The reserve is named Paparoa Scenic and Historic Reserve. | 10 |
(5) | The joint management body established by section 64 is the administering | |
body of the reserve, and the Reserves Act 1977 applies to the reserve as if the | ||
reserve were vested in that body (as if the body were trustees) under section 26 | ||
of that Act. | ||
(6) | However, the joint management body may exercise or perform, as if it were | 15 |
a local authority, a power or function that the Minister of Conservation has | ||
delegated to local authorities under section 10 of the Reserves Act 1977, but | ||
only to the extent that the power or function is relevant to the reserve. | ||
Council improvements attached to Paparoa site B | ||
(1) | This section applies to the improvements owned by the Thames–Coromandel | 20 |
District Council (the Council) and attached to Paparoa site B (the property) as | ||
at the date of its vesting under section 33(2), and despite that vesting. | ||
(2) | Improvements owned by the Council immediately before the vesting— | |
(a) remain vested in the Council; and | ||
(b) are personal property, no longer forming part of the property, and do not | 25 | |
confer an estate or interest in the property; and | ||
(c) may remain attached to the property without the consent of the owners | ||
of the property or the administering body, and without charge; and | ||
(d) may be accessed, used, occupied, repaired, or maintained by the Coun‐ | ||
cil, or those authorised by the Council, at any time without the consent | 30 | |
of the owners of the property or the administering body, and without | ||
charge. | ||
(3) | Improvements referred to in subsection (2) may, without charge, but sub‐ | |
ject to any relevant statutory requirement, be removed or demolished by the | ||
Council at any time without the consent of the owners of the property or the | 35 | |
administering body. | ||
(4) | However, the Council must— |
Ngāti Hei Claims Settlement Bill Part 2 cl 35
(a) give the owners of the property and the administering body not less than 15 working days’ written notice of the intended removal or demolition; and | ||
(b) after the removal or demolition, ensure that the land is left in a clean and | ||
tidy condition. | 5 | |
(5) | Subsection (2) applies subject to any other enactment that governs the own‐ ership of an improvement. | |
(6) | For the purposes of administering the reserve under the Reserves Act 1977, the | |
administering body is responsible for any decisions in respect of a matter that | ||
arises from a person exercising, or purporting to exercise, a right in relation to | 10 | |
an improvement attached to the property. | ||
(7) | Subsection (6) is subject to any other enactment that governs the use of the improvement concerned. | |
(8) | The | |
which they would, apart from this section, be liable by reason of their owner‐ | 15 | |
ship of the property. | ||
Puke Pakira | ||
(1) | This section takes effect only if an unconditional agreement for sale and | |
purchase between the Crown and the registered owners of record of title | ||
SA59D/242 that relates to Sections 2 and 3 SO 528693 exists on the settlement | 20 | |
date. | ||
(2) | The agreement is enforceable in accordance with its terms, despite the provi‐ | |
sions of the Reserves Act 1977 or the Land Act 1948. | ||
(3) | The reservation of Sections 1 and 3 SO 528693, being Bald Spur Historic | |
Reserve, as a historic reserve subject to the Reserves Act 1977 is revoked, and | 25 | |
accordingly those sections cease to be part of the Hauraki Gulf Marine Park. | ||
(4) | Section 2 SO 528693 vests in the Crown as Crown land subject to the Land Act | |
1948. | ||
(5) | The fee simple estate in Section 3 SO 528693 vests in the registered owners of | |
record of title SA59D/242. | 30 | |
(6) | As soon as practicable after an order is produced for a record of title, the | |
Registrar-General must create, in the name of the registered owners of SA59D/ | ||
242, 1 record of title for— | ||
(a) the fee simple estate in Section 3 SO 528693; and | ||
(b) the balance of the land in record of title SA59D/242 (after the vesting by subsection (4)). | 35 | |
(7) | The fee simple estate in Puke Pakira vests in the trustees. | |
(8) | Puke Pakira is declared a reserve and classified as a historic reserve subject to | |
section 18 of the Reserves Act 1977. |
Part 2 cl 36 Ngāti Hei Claims Settlement Bill
(9) | The reserve is named Puke Pakira Historic Reserve. | |
(10) | For the purposes of subsection (7), the legal description of Puke Pakira is set out in Part 1 of Schedule 1. | |
(11) | Sections 56(1), 57(1)(e), and 58(3) and (4) apply to Section 3 SO 528693 | |
as if the land were a cultural redress property. | 5 | |
(12) | The vesting under subsection (5) does not— | |
(a) limit section 10 or 11 of the Crown Minerals Act 1991; or | ||
(b) affect other rights to subsurface minerals. | ||
Vesting and alternative description of Puke Pakira in specified | ||
circumstances | 10 | |
(1) | This section takes effect only if the unconditional agreement for sale and | |
purchase referred to in section 35(1) does not exist on the settlement date. | ||
(2) | The reservation of Puke Pakira (being Bald Spur Historic Reserve) as a historic | |
reserve subject to the Reserves Act 1977 is revoked, and accordingly Puke | ||
Pakira ceases to be part of the Hauraki Gulf Marine Park. | 15 | |
(3) | The fee simple estate in Puke Pakira vests in the trustees. | |
(4) | Puke Pakira is declared a reserve and classified as a historic reserve subject to | |
section 18 of the Reserves Act 1977. | ||
(5) | The reserve is named Puke Pakira Historic Reserve. | |
(6) | For the purposes of subsections (2) to (5), the legal description of Puke Pakira is set out in Part 2 of Schedule 1. | 20 |
Pukeumu | ||
(1) | The reservation of Pukeumu (being Xxxxx Xxxx Scenic Reserve) as a scenic | |
reserve subject to the Reserves Act 1977 is revoked, and accordingly Pukeumu | ||
ceases to be part of the Hauraki Gulf Marine Park. | 25 | |
(2) | The fee simple estate in Pukeumu vests in the trustees. | |
(3) | Pukeumu is— | |
(a) declared a reserve and classified as a scenic reserve for the purposes | ||
specified in section 19(1)(a) of the Reserves Act 1977; and | ||
(b) included in the Hauraki Gulf Marine Park as provided for by section 72 of this Act. | 30 | |
(4) | The reserve is named Pukeumu Scenic Reserve. | |
Xx Xxxx Pā | ||
(1) | The reservation of Xx Xxxx Pā (being Xx Xxxx Point Historic Reserve) as a | |
historic reserve subject to the Reserves Act 1977 is revoked, and accordingly | 35 | |
Xx Xxxx Pā ceases to be part of the Hauraki Gulf Marine Park. | ||
(2) | The fee simple estate in Xx Xxxx Pā vests in the trustees. |
Ngāti Hei Claims Settlement Bill Part 2 cl 40
(3) Xx Xxxx Pā is—
(a) declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977; and (b) included in the Hauraki Gulf Marine Park as provided for by section | ||
72 of this Act. | 5 | |
(4) | The reserve is named Xx Xxxx Pā Historic Reserve. | |
Xx Xxxx | ||
(1) | The reservation of Xx Xxxx (being part of Hot Water Beach Domain Recreation | |
Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked, | ||
and accordingly Xx Xxxx ceases to be part of the Hauraki Gulf Marine Park. | 10 | |
(2) | The fee simple estate in Xx Xxxx vests in the trustees. | |
(3) | Xx Xxxx is— | |
(a) declared a reserve and classified as a recreation reserve subject to section | ||
17 of the Reserves Act 1977; and | ||
(b) included in the Hauraki Gulf Marine Park as provided for by section 72 of this Act. | 15 | |
(4) | The reserve is named Xx Xxxx Recreation Reserve. | |
(5) | The joint management body established by section 64 is the administering | |
body of the reserve, and the Reserves Act 1977 applies to the reserve as if the | ||
reserve were vested in that body (as if the body were trustees) under section 26 | 20 | |
of that Act. | ||
(6) | However, the joint management body may exercise or perform, as if it were | |
a local authority, a power or function that the Minister of Conservation has | ||
delegated to local authorities under section 10 of the Reserves Act 1977, but | ||
only to the extent that the power or function is relevant to the reserve. | 25 | |
Council improvements attached to Xx Xxxx | ||
(1) | This section applies to the improvements owned by the Thames–Coromandel | |
District Council (the Council) and attached to Xx Xxxx (the property) as at the | ||
date of its vesting under section 39(2), and despite that vesting. | ||
(2) | Improvements (other than the car park) owned by the Council immediately | 30 |
before the vesting— | ||
(a) remain vested in the Council; and | ||
(b) are personal property, no longer forming part of the property, and do not | ||
confer an estate or interest in the property; and | ||
(c) may remain attached to the property without the consent of the owners | 35 | |
of the property or the administering body, and without charge; and | ||
(d) may be accessed, used, occupied, repaired, or maintained by the Coun‐ | ||
cil, or those authorised by the Council, at any time without the consent |
Part 2 cl 41 Ngāti Hei Claims Settlement Bill
of the owners of the property or the administering body, and without charge.
(3) | Improvements referred to in subsection (2) may, without charge, but sub‐ | |
ject to any relevant statutory requirement, be removed or demolished by the | ||
Council at any time without the consent of the owners of the property or the | 5 | |
administering body. | ||
(4) | However, the Council must— | |
(a) give the owners of the property and the administering body not less than | ||
15 working days’ written notice of the intended removal or demolition; | ||
and | 10 | |
(b) after the removal or demolition, ensure that the land is left in a clean and | ||
tidy condition. | ||
(5) | Subsection (2) applies subject to any other enactment that governs the own‐ | |
ership of an improvement. | ||
(6) | For the purposes of administering the reserve under the Reserves Act 1977, the | 15 |
administering body is responsible for any decisions in respect of a matter that | ||
arises from a person exercising, or purporting to exercise, a right in relation to | ||
an improvement (including the car park) attached to the property. | ||
(7) | Subsection (6) is subject to any other enactment that governs the use of the | |
improvement concerned. | 20 | |
(8) | The | |
than the car park) for which they would, apart from this section, be liable by | ||
reason of their ownership of the property. | ||
(9) | In this section, car park means the area marked “A” on OTS-100-18. | |
Te Rerepiki | 25 | |
(1) | Te Rerepiki ceases to be a conservation area under the Conservation Act 1987, | |
and accordingly ceases to be part of the Hauraki Gulf Marine Park. | ||
(2) | The fee simple estate in Te Rerepiki vests in the trustees. | |
(3) | Te Rerepiki is— | |
(a) declared a reserve and classified as a scenic reserve for the purposes | 30 | |
specified in section 19(1)(a) of the Reserves Act 1977; and | ||
(b) included in the Hauraki Gulf Marine Park as provided for by section 72 of this Act. | ||
(4) | The reserve is named Te Rerepiki Scenic Reserve. | |
Whitianga Pā | 35 | |
(1) | The reservation of Whitianga Pā (being part of Whitianga Rock Scenic and | |
Historic Reserve) as a scenic and historic reserve subject to the Reserves Act |
Ngāti Hei Claims Settlement Bill Part 2 cl 43
1977 is revoked, and accordingly Whitianga Pā ceases to be part of the Hauraki Gulf Marine Park.
(2) The fee simple estate in Whitianga Pā vests in the trustees.
(3) Whitianga Pā is—
(a) declared a reserve and classified as a scenic and historic reserve for the 5 purposes specified in sections 19(1)(a) and 18 of the Reserves Act 1977;
and
(b) included in the Hauraki Gulf Marine Park as provided for by section 72 of this Act.
(4) The reserve is named Whitianga Pā Scenic and Historic Reserve. 10
Properties jointly vested in fee simple to be administered as reserves
43 Ahuahu / Great Mercury Island property
(1) This section takes effect on and from the latest of the following dates:
(a) the settlement date:
(b) the settlement date under Hako settlement legislation: 15
(c) the settlement date under Ngāti Porou ki Hauraki settlement legislation.
(2) The reservation of the Ahuahu / Great Mercury Island property as a local purpose (landing) reserve subject to the Reserves Act 1977 is revoked, and accordingly the Ahuahu / Great Mercury Island property ceases to be part of
the Hauraki Gulf Marine Park. 20
(3) The fee simple estate in the Ahuahu / Great Mercury Island property vests as undivided sixth shares in the specified entities as tenants in common as follows:
(a) a share vests in the trustees under this paragraph; and
(b) a share vests in the trustees of the Hako Tūpuna Trust under Hako 25
settlement legislation; and
(c) a share vests in the trustees of the Ngaati Whanaunga Ruunanga Trust under section 26(3)(a) of the Ngaati Whanaunga Claims Settle- ment Act 2022; and
(d) a share vests in the trustees of the Ngāti Maru Rūnanga Trust under 30
section 44(3)(a) of the Ngāti Maru Claims Settlement Act 2022; and
(e) a share vests in the Ngāti Porou ki Hauraki entity under Ngāti Porou ki Hauraki settlement legislation; and
(f) a share vests in the trustees of the Ngāti Tamaterā Treaty Settle‐ 35
ment Trust under section 50(3)(a) of the Ngāti Tamaterā Claims Settlement Act 2022.
(4) The Ahuahu / Great Mercury Island property—
Part 2 cl 44 Ngāti Hei Claims Settlement Bill
(a) is declared a reserve and classified as a local purpose (landing) reserve | ||
subject to section 23 of the Reserves Act 1977; and | ||
(b) is included in the Hauraki Gulf Marine Park as provided for by section 72 of this Act; but | ||
(c) ceases to be land to which Schedule 4 of the Crown Minerals Act 1991 | 5 | |
applies by virtue of clause 11 of that schedule (but see section 60). | ||
(5) | The reserve is named Ahuahu Local Purpose (Landing) Reserve. | |
(6) | The joint management body 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 of that Act. | 10 | |
(7) | Subsection (6) continues to apply despite any subsequent transfer under section 68. | |
(8) | In this section and sections 44 to 48, joint management body means the body established under section 46(1). | |
Joint management body for Ahuahu / Great Mercury Island property | 15 | |
before property vests | ||
(1) | On and from the settlement date and until the close of the day before the | |
date on which the Ahuahu / Great Mercury Island property vests in accordance | ||
with section 43(3), the joint management body is the administering body of | ||
the Ahuahu / Great Mercury Island property as if the body were appointed to | 20 | |
control and manage the reserve under section 30 of the Reserves Act 1977. | ||
(2) | However, section 30 of that Act has no further application to the reserve or the | |
joint management body. | ||
Statutory authorisation over Ahuahu / Great Mercury Island property | ||
before property vests | 25 | |
(1) | This section applies— | |
(a) if an application is made for a statutory authorisation under the Reserves | ||
Act 1977 in respect of the Ahuahu / Great Mercury Island property; and | ||
(b) on and from the settlement date and until the close of the day before | ||
the date on which the Ahuahu / Great Mercury Island property vests in | 30 | |
accordance with section 43(3). | ||
(2) | Section 59A of the Reserves Act 1977 and Part 3B of the Conservation Act | |
1987 (which relate to concessions) do not apply to the application. | ||
(3) | Section 62(2) applies to the Ahuahu / Great Mercury Island property. | |
(4) | The joint management body is the decision-maker on the application, and the | 35 |
grantor of any resulting statutory authorisation, as if it were the administering | ||
body in which the reserve were vested. | ||
(5) | The joint management body may use any income it derives from the statutory | |
authorisation for any purpose at its absolute discretion. |
Ngāti Hei Claims Settlement Bill Part 2 cl 46
Joint management body for Ahuahu / Great Mercury Island property | ||
(1) | A joint management body is established for the Ahuahu / Great Mercury Island property. | |
(2) | The following are appointers for the purposes of this section: | |
(a) the trustees; and | 5 | |
(b) the trustees of the Hako Tūpuna Trust; and | ||
(c) the trustees of the Ngaati Whanaunga Ruunanga Trust; and | ||
(d) the trustees of the Ngāti Maru Rūnanga Trust; and | ||
(e) the entity that from time to time represents the members of Ngāti Porou ki Hauraki to receive redress under Ngāti Porou ki Hauraki settlement | 10 | |
legislation or, if that entity is not established, Te Rūnanga o Ngāti Porou ki Hauraki; and | ||
(f) the trustees of the Ngāti Tamaterā Treaty Settlement Trust. | ||
(3) | Each appointer may appoint 2 members to the joint management body. | |
(4) | A member is appointed only if the appointer gives written notice with the following details to the other appointers: | 15 |
(a) the full name, address, and other contact details of the member; and | ||
(b) the date on which the appointment takes effect, which must not be earlier than the date of the notice. | ||
(5) | An appointment ends after 5 years, or when the appointer replaces the member by making another appointment. | 20 |
(6) | A member may be appointed, reappointed, or discharged at the discretion of the appointer. | |
(7) | Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a board. | 25 |
(8) | However, in relation to meetings of the joint management body,— | |
(a) despite section 32(1) of the Reserves Act 1977, the first meeting of the body must be held not later than 6 months after the settlement date: | ||
(b) despite section 32(7) of the Reserves Act 1977,— | ||
(i) no casting vote may be exercised, and the members must strive to reach a consensus; but | 30 | |
(ii) if a consensus cannot be reached within a reasonable time, a decision must be made by majority vote: | ||
(c) despite section 32(9) of the Reserves Act 1977, a quorum for a meeting of the body consists of at least 1 member appointed by each appointer. | 35 | |
(9) | In this section, Te Rūnanga o Ngāti Porou ki Hauraki means the body mandated in May 2011 to represent Ngāti Porou ki Hauraki in negotiations to settle the historical claims of Ngāti Porou ki Hauraki. |
Part 2 cl 47 Ngāti Hei Claims Settlement Bill
Interests in land for Ahuahu / Great Mercury Island property | ||
(1) | This section applies to all or the part of the Ahuahu / Great Mercury Island | |
property that remains a reserve under the Reserves Act 1977 (the reserve | ||
land). | ||
(2) | Any interest in land that affects the reserve land must be dealt with for the | 5 |
purposes of registration as if the joint management body were the registered | ||
owner of the reserve land. | ||
(3) | Subsection (2) continues to apply despite— | |
(a) the revocation of the reserve referred to in section 43(2); and | ||
(b) the vesting in accordance with section 43(3); and | 10 | |
(c) any subsequent transfer of the land under section 68. | ||
Right of entry onto Ahuahu / Great Mercury Island property by the | ||
Crown | ||
(1) | On and from the settlement date, the Crown may enter the Ahuahu / Great | |
Mercury Island property with or without motor vehicles, machinery, imple‐ | 15 | |
ments of any kind, or dogs for any of the following purposes: | ||
(a) species management: | ||
(b) monitoring pest plants or pest animals: | ||
(c) controlling pest plants or pest animals. | ||
(2) | The right to enter the Ahuahu / Great Mercury Island property includes the | 20 |
right to enter any buildings erected on that property. | ||
(3) | If the Crown enters the Ahuahu / Great Mercury Island property under sub- section (1), it must give notice to the joint management body, orally or by | |
electronic means (as the Crown and the joint management body agree), at least | ||
24 hours before entering or, if that is not practicable,— | 25 | |
(a) before entering, if practicable; or | ||
(b) as soon as possible after entering. | ||
(4) | Despite subsection (3), the joint management body and the Crown may agree | |
the circumstances in which notice is not required before the Crown enters the | ||
Ahuahu / Great Mercury Island property. | 30 | |
(5) | Despite subsections (3) and (4), the Crown may enter the Ahuahu / Great Mercury Island property under subsection (1) without prior notice if | |
responding to a known or suspected incursion of a pest animal. | ||
(6) | Despite subsections (1), (2), (3), and (5), the Crown must not enter a | |
building erected on the Ahuahu / Great Mercury Island property that may be | 35 | |
used for accommodation purposes, unless it— | ||
(a) first obtains the consent of the building owner or occupier to enter the | ||
building; and |
Ngāti Hei Claims Settlement Bill Part 2 cl 50
(b) enters the building only in daylight hours. | ||
Xxxxx Xxxxx property | ||
(1) | The reservation of the Opera Point property (being part of Opera Point Historic | |
Reserve) as a historic reserve subject to the Reserves Act 1977 is revoked, and | ||
accordingly the Opera Point property ceases to be part of the Hauraki Gulf | 5 | |
Marine Park. | ||
(2) | The fee simple estate in the Opera Point property vests as undivided half shares | |
in the specified groups of trustees as tenants in common as follows: | ||
(a) a share vests in the trustees under this paragraph; and | ||
(b) a share vests in the trustees of the Te Patukirikiri Iwi Trust under sec- tion 24(2)(a) of the Te Patukirikiri Claims Settlement Act 2022. | 10 | |
(3) | The Opera Point property is— | |
(a) declared a reserve and classified as a historic reserve subject to section | ||
18 of the Reserves Act 1977; and | ||
(b) included in the Hauraki Gulf Marine Park as provided for by section 72 of this Act. | 15 | |
(4) | The reserve is named Opera Point Historic Reserve. | |
(5) | The joint management body established by section 63(1)(a) is the adminis‐ | |
tering body of the reserve, and the Reserves Act 1977 applies to the reserve | ||
as if the reserve were vested in that body (as if the body were trustees) under | 20 | |
section 26 of that Act. | ||
(6) | Subsection (5) continues to apply despite any subsequent transfer under section 66. | |
Pauanui Tihi | ||
(1) | Pauanui Tihi ceases to be a conservation area under the Conservation Act 1987, | 25 |
and accordingly ceases to be part of the Hauraki Gulf Marine Park. | ||
(2) | The fee simple estate in Pauanui Tihi vests as undivided half shares in the | |
specified groups of trustees as tenants in common as follows: | ||
(a) a share vests in the trustees under this paragraph; and | ||
(b) a share vests in the trustees of the Ngāti Maru Rūnanga Trust under | 30 | |
section 50(2)(a) of the Ngāti Maru Claims Settlement Act 2022. | ||
(3) | Pauanui Tihi is— | |
(a) declared a reserve and classified as a scenic reserve for the purposes | ||
specified in section 19(1)(a) of the Reserves Act 1977; and | ||
(b) included in the Hauraki Gulf Marine Park as provided for by section 72 of this Act. | 35 | |
(4) | The reserve is named Pauanui Tihi Scenic Reserve. |
Part 2 cl 51 Ngāti Hei Claims Settlement Bill
(5) The joint management body established by section 63(1)(b) is the adminis‐ tering 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 of that Act.
(6) Subsection (5) continues to apply despite any subsequent transfer under 5
section 68.
Property vested in fee simple subject to conservation covenant
Opou | ||
(1) | Opou ceases to be a conservation area under the Conservation Act 1987, and | |
accordingly ceases to be part of the Hauraki Gulf Marine Park. | 10 | |
(2) | The fee simple estate in Opou vests in the trustees. | |
(3) | Subsections (1) and (2) do not take effect until— | |
(a) the trustees have provided the Crown with a registrable covenant in | ||
relation to Opou on the terms and conditions set out in part 5.1 of the | ||
documents schedule; and | 15 | |
(b) the Minister of Conservation has granted a registrable right of way | ||
easement to His Majesty the King (acting by and through the Minister | ||
for State Owned Enterprises and the Minister of Finance) on the terms | ||
and conditions set out in part 5.2 of the documents schedule. | ||
(4) | The covenant is to be treated as a conservation covenant for the purposes of— | 20 |
(a) section 77 of the Reserves Act 1977; and | ||
(b) section 27 of the Conservation Act 1987. | ||
(5) | The easement— | |
(a) is enforceable in accordance with its terms, despite Part 3B of the Con‐ | ||
servation Act 1987; and | 25 | |
(b) is to be treated as having been granted in accordance with Part 3B of that | ||
Act. | ||
(6) | Section 8A(2) of the Crown Forests Asset Act 1989 does not apply in relation | |
to the easement. | ||
General provisions applying to vesting of cultural redress properties | 30 | |
Properties vest subject to or together with interests | ||
Each cultural redress property vested under this subpart is subject to, or has the | ||
benefit of, any interests listed for the property in the third column of the table in Schedule 1. |
Ngāti Hei Claims Settlement Bill Part 2 cl 55
Interests in land for certain reserve properties | ||
(1) | This section applies to all or the part of each reserve property listed in sub- section (2) that remains a reserve under the Reserves Act 1977 (the reserve | |
land), but only while the reserve land has an administering body that is treated | ||
as if the land were vested in it. | 5 | |
(2) | The reserve properties are— | |
(a) Opera Point property; and | ||
(b) Paparoa site A; and | ||
(c) Paparoa site B; and | ||
(d) Pauanui Tihi; and | 10 | |
(e) Xx Xxxx. | ||
(3) | Any interest in land that affects the reserve land must be dealt with for the | |
purposes of registration as if the administering body were the registered owner | ||
of the reserve land. | ||
(4) | Subsection (3) continues to apply despite any subsequent transfer of the reserve land under section 66. | 15 |
Interests that are not interests in land | ||
(1) | This section applies if a cultural redress property is subject to an interest (other | |
than an interest in land) that is listed for the property in Schedule 1, and for | ||
which there is a grantor, whether or not the interest also applies to land outside | 20 | |
the cultural redress property. | ||
(2) | The interest applies as if the owners of the cultural redress property were | |
the grantor of the interest in respect of the property, except to the extent that | ||
subsection (3) applies. | ||
(3) | If all or part of the cultural redress property is reserve land to which section 47 or 53 applies, the interest applies as if the administering body of the | 25 |
reserve land were the grantor of the interest in respect of the reserve land. | ||
(4) | The interest applies— | |
(a) until the interest expires or is terminated, but any subsequent transfer of | ||
the cultural redress property must be ignored in determining whether the | 30 | |
interest expires or is or may be terminated; and | ||
(b) with any other necessary modifications; and | ||
(c) despite any change in status of the land in the property. | ||
Registration of ownership | ||
(1) | This section applies to a cultural redress property vested in the trustees under | 35 |
this subpart. |
Part 2 cl 55 Ngāti Hei Claims Settlement Bill
(2) Subsection (3) applies to a cultural redress property (other than a jointly vested property, Puke Pakira, or Whitianga Pā), but only to the extent that the property is all of the land contained in a record of title for a fee simple estate.
(3) The Registrar-General must, on written application by an authorised person,—
(a) register the trustees as the owners of the fee simple estate in the prop‐ 5 erty; and
(b) record any entry on the record of title and do anything else necessary to give effect to this subpart and to part 5 of the deed of settlement.
(4) Subsection (5) applies to—
(a) a cultural redress property (other than a jointly vested property), but only 10 to the extent that subsection (2) does not apply to the property:
(b) Puke Pakira:
(c) Whitianga Pā.
(5) The Registrar-General must, in accordance with a written application by an authorised person,— 15
(a) create a record of title for the fee simple estate in the property in the name of the trustees; and
(b) record on the record of title any interests that are registered, noted, or to be noted and that are described in the application.
(6) For a jointly vested property, the Registrar-General must, in accordance with a 20
written application by an authorised person,—
(a) create a record of title for an undivided equal share of the fee simple estate in the property in the names of the trustees; and
(b) record on the record of title any interests that are registered, noted, or to
be noted and that are described in the application. 25
(7) Subsections (5) and (6) are subject to the completion of any survey neces‐ sary to create a record of title.
(8) A record of title must be created under this section as soon as is reasonably practicable after the date on which the property vests, but not later than—
(a) 24 months after that date; or 30
(b) any later date that is agreed in writing,—
(i) in the case of a property other than a jointly vested property, by the Crown and the trustees; or
(ii) in the case of a jointly vested property, by the Crown, the trustees,
and the other persons in whom the property is jointly vested. 35
(9) In this section, authorised person means a person authorised by—
(a) the chief executive of the Office for Māori Crown Relations—Te Ara‐ whiti, for the following properties:
Ngāti Hei Claims Settlement Bill Part 2 cl 57
(i) Puke Pakira:
(ii) Tapu Point property:
(b) the chief executive of the Ministry of Transport, for Ohinau Island: (c) the Director-General, for all other properties. | ||
Application of Part 4A of Conservation Act 1987 | 5 | |
(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 | ||
Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not | ||
apply to the disposition. | ||
(2) | Section 24 of the Conservation Act 1987 does not apply to the vesting of a | 10 |
reserve property. | ||
(3) | The marginal strip reserved by section 24 of the Conservation Act 1987 from | |
the vesting of the Tapu Point property is reduced to a width of 3 metres. | ||
(4) | Part 4A of the Conservation Act 1987 does not apply to the vesting of Ohinau | |
Island (see section 73(3)). | 15 | |
(5) | If the reservation of a reserve property under this subpart is revoked for all | |
or part of the property, the vesting of the property is no longer exempt from | ||
section 24 (except subsection (2A)) of the Conservation Act 1987 for all or that | ||
part of the property. | ||
(6) | Subsections (2), (3), and (5) do not limit subsection (1). | 20 |
(7) | The trustees are appointed as the manager of each of the following marginal | |
strips as if the appointment were made under section 24H of the Conservation | ||
Act 1987: | ||
(a) Opua marginal strip (shown on OTS-100-36): | ||
(b) Purangi marginal strip reserved from the vesting of Purangi under sec- tion 24(2): | 25 | |
(c) Tapu Point marginal strip reserved from the vesting of the Tapu Point | ||
property under section 26. | ||
Matters to be recorded on record of title | ||
(1) | The Registrar-General must record on the record of title— | 30 |
(a) for a reserve property (other than a jointly vested 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— | ||
(A) sections 56(5) and 66; and | 35 | |
(B) section 53(3), in the case of Paparoa site A, Paparoa site | ||
B, and Xx Xxxx; and |
Part 2 cl 57 Ngāti Hei Claims Settlement Bill
(b) for Ohinau Island, that Part 4A of the Conservation Act 1987 does not apply; and
(c) for the Tapu Point property, that the land is subject to Part 4A of the Conservation Act 1987, but that the marginal strip is reduced to a width
of 3 metres; and 5
(d) created under section 55(6) for a jointly vested property that is 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— 10
(A) sections 47(2), 56(5), and 66, in the case of the Ahuahu / Great Mercury Island property; and
(B) sections 53(3), 56(5), and 66, in the case of the Opera Point property and Pauanui Tihi; and
(e) for any other cultural redress property, that the land is subject to Part 4A 15
of the Conservation Act 1987.
(2) A notation 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 (other than a jointly vested property, Paparoa site A, 20
Paparoa site B, or Xx Xxxx), if the reservation of the property under this subpart is revoked for—
(a) all of the property, the Director-General must apply in writing to the Registrar-General to remove from the record of title for the property the notations that— 25
(i) section 24 of the Conservation Act 1987 does not apply to the property; and
(ii) the property is subject to sections 56(5) and 66; or
(b) part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a) remain only on the record of title for the 30
part of the property that remains a reserve.
(4) For Paparoa site A, Paparoa site B, and Xx Xxxx,—
(a) if the property remains a reserve but the joint management body estab‐ lished by section 64 is no longer the administering body of the prop‐
xxxx, the Director-General must apply in writing to the Registrar-General 35
to remove from the record of title for the property the notation that the property is subject to section 53(3); or
(b) if the reservation of the property under this subpart is revoked for—
Ngāti Hei Claims Settlement Bill Part 2 cl 58
(i) all of the property, the Director-General must apply in writing to the Registrar-General to remove from the record of title for the property the notations that—
(A) section 24 of the Conservation Act 1987 does not apply to
the property; and 5
(B) the property is subject to sections 56(5) and 66; and
(C) the property is subject to section 53(3), if that notation has not been removed under paragraph (a); or
(ii) part of the property, the Registrar-General must ensure that the notations referred to in subparagraph (i) remain only on the 10
record of title for the part of the property that remains a reserve.
(5) For a jointly vested property that is a reserve property, if the reservation of the property under this subpart is revoked for—
(a) all of the property, the Director-General must apply in writing to the Registrar-General to remove from any record of title created under sec- 15 tion 55 for the property the notations that—
(i) section 24 of the Conservation Act 1987 does not apply to the property; and
(ii) the property is subject to—
(A) sections 47(2), 56(5), and 66, in the case of the 20
Ahuahu / Great Mercury Island property; and
(B) sections 53(3), 56(5), and 66, in the case of the Opera Point property and Pauanui Tihi; or
(b) part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a) remain only on any record of title created 25
under section 55, or derived from a record of title created under that section, for the part of the property that remains a reserve.
(6) The Registrar-General must comply with an application received in accordance with subsection (3)(a), (4)(a), (4)(b)(i), or (5)(a), as relevant.
58 Application of other enactments 30
(1) The Crown Minerals Act 1991 applies, subject to sections 60 and 61 and subpart 2 of Part 3, in relation to the vesting of the fee simple estate in a cultural redress property under this subpart.
(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 35
road, private way, or right of way required to fulfil the terms of the deed of settlement in relation to a cultural redress property.
(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.
Part 2 cl 59 Ngāti Hei Claims Settlement Bill
(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 this subpart; or
(b) any matter incidental to, or required for the purpose of, the vesting. 5
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 date on which the property vests, was all | |
or part of a Crown protected area. | ||
(2) | The official geographic name of the Crown protected area is discontinued in | 10 |
respect of the land, or the part of the land, and the Board must amend the | ||
Gazetteer accordingly. | ||
(3) | In this section, Board, Crown protected area, Gazetteer, and official geo‐ | |
graphic name have the meanings given in section 4 of the New Zealand | ||
Geographic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008. | 15 | |
(4) | If section 35(4) applies, the reference in subsection (1) to a cultural redress property includes Section 3 SO 528693. | |
Certain land to be treated as if included in Schedule 4 of Crown Minerals | ||
Act 1991 | 20 | |
(1) | This section and section 61 apply to each of the following properties (the relevant properties) on and from the date on which the property vests in the | |
trustees under this subpart: | ||
(a) Ahuahu / Great Mercury Island property: | ||
(b) Hereheretaura Pā: | 25 | |
(c) Kaitoke / Pukekaroro: | ||
(d) Kohuamuri: | ||
(e) Matarangi Pā: | ||
(f) Opera Point property: | ||
(g) Opou: | 30 | |
(h) Opua: | ||
(i) Paparoa site A: | ||
(j) Paparoa site B: | ||
(k) Puke Pakira: | ||
(l) Pukeumu: | 35 | |
(m) Purangi: |
Ngāti Hei Claims Settlement Bill Part 2 cl 61
(n) Rangihau:
(o) Xx Xxxx Pā:
(p) Xx Xxxx:
(q) Whitianga Pā.
(2) | Each relevant property must be treated as if the land were included in Schedule 4 of the Crown Minerals Act 1991 (land to which access restrictions apply). | 5 |
(3) | To the extent relevant, section 61(1A) and (2) (except subsection (2)(db)) of | |
the Crown Minerals Act 1991 applies to each relevant property, but the rest of section 61 does not apply, except as provided for in section 61(2)(b) of this Act. | 10 | |
(4) | Section 61(1A) and (2) (except subsection (2)(db)) of the Crown Minerals Act | |
1991 must be applied in light of the following: | ||
(a) because of the vestings referred to in subsection (1), the relevant properties are no longer owned, held, or managed by the Crown; and | ||
(b) because of section 147, certain minerals are owned by the trustees. | 15 | |
(5) | In section 61(1A) and (2) of the Crown Minerals Act 1991,— | |
(a) a reference to a Minister or Ministers or to the Crown (but not the | ||
reference to a Crown owned mineral) must be applied as if it were a | ||
reference to the trustees: | ||
(b) a reference to a Crown owned mineral must be applied as if it included a reference to the minerals owned by the trustees because of section 147. | 20 | |
(6) | In subsections (4)(b) and (5) and section 61(2)(a), trustees includes, if relevant, a subsequent owner of a relevant property. | |
When land may be treated as no longer included in Schedule 4 of the | ||
Crown Minerals Act 1991 | 25 | |
(1) | The Governor-General may, by Order in Council, declare that any or all of the | |
relevant properties are no longer to be treated as if the land were included in | ||
Schedule 4 of the Crown Minerals Act 1991. | ||
(2) | The power conferred by subsection (1)— | |
(a) may be exercised only on the advice of the Minister of Energy and | 30 | |
Resources and the Minister of Conservation, after those Ministers— | ||
(i) have consulted the trustees; and | ||
(ii) have had regard to all the circumstances of the particular case; and | ||
(b) is subject to section 61(5), (6), (7), and (9) of the Crown Minerals Act | ||
1991. | 35 |
Part 2 cl 62 Ngāti Hei Claims Settlement Bill
Further provisions applying to reserve properties
Application of other enactments to reserve properties | ||
(1) | The trustees are the administering body of a reserve property, except as provi‐ ded for in sections 31, 33, 39, 43, 49, and 50. | |
(2) | Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in | 5 |
relation to a reserve property. | ||
(3) | If the reservation of a reserve property under this subpart is revoked under | |
section 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 | 10 |
Geographic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008, despite anything | ||
in 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 | 15 | |
apply to the proposed name. | ||
(6) | While the joint management body established by section 64 is the administer‐ ing body of 1 or more of Paparoa site A, Paparoa site B, and Xx Xxxx (the | |
properties),— | ||
(a) subsection (2) does not apply to those properties; and | 20 | |
(b) Part 4 of the Reserves Act 1977, which relates to financial provisions, | ||
applies to the joint management body as if it were a local authority; and | ||
(c) the Thames–Coromandel District Council must, to the extent that it | ||
is reasonably practicable to distinguish the revenue derived from the | ||
properties from any other revenue received by the Council,— | 25 | |
(i) hold the revenue received from the properties by the joint man‐ | ||
agement body in its capacity as the administering body; and | ||
(ii) account for that revenue separately from the other revenue of the | ||
Council; and | ||
(iii) use that revenue, under the direction of the joint management | 30 | |
body, but only in relation to the properties that continue to be | ||
administered by the joint management body. |
63 Joint management body for certain reserves
(1) A joint management body is established for each of the following properties:
(a) Opera Point property: 35
(b) Pauanui Tihi.
(2) For the purposes of subsection (1)(a), the appointers are—
(a) the trustees; and
Ngāti Hei Claims Settlement Bill Part 2 cl 64
(b) the trustees of the Te Patukirikiri Iwi Trust.
(3) For the purposes of subsection (1)(b), the appointers are—
(a) the trustees; and
(b) the trustees of the Ngāti Maru Rūnanga Trust.
(4) Each appointer may appoint 2 members to a joint management body. 5
(5) A member is appointed only if the appointer gives written notice with the following 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 not be earlier
than the date of the notice. 10
(6) An appointment ends after 5 years, or when the appointer replaces the member by making another appointment.
(7) A member may be appointed, reappointed, or discharged at the discretion of the appointer.
(8) Sections 32 to 34 of the Reserves Act 1977 apply to a joint management body 15
as if it were a board.
(9) However, in relation to meetings of the joint management body,—
(a) despite section 32(1) of the Reserves Act 1977, the first meeting of the body must be held not later than 6 months after the settlement date:
(b) despite section 32(7) of the Reserves Act 1977,— 20
(i) no casting vote may be exercised, and the members must strive to reach a consensus; but
(ii) if a consensus cannot be reached within a reasonable time, a decision must be made by majority vote:
(c) despite section 32(9) of the Reserves Act 1977, a quorum for a meeting 25
of the body consists of at least 1 member appointed by each appointer.
64 Reserves to be administered jointly by trustees and local authority
(1) A joint management body is established for—
(a) Paparoa site A; and
(b) Paparoa site B; and 30
(c) Xx Xxxx.
(2) The following are appointers for the purposes of this section:
(a) the trustees; and
(b) the Thames–Coromandel District Council.
(3) Each appointer must appoint 2 members to the joint management body. 35
(4) At least 1 member of the members appointed by the Thames–Coromandel District Council must be an elected member of the Council.
Part 2 cl 65 Ngāti Hei Claims Settlement Bill
(5) | A member is appointed only if the appointer gives written notice with the following 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 not be earlier | ||
than the date of the notice. | 5 | |
(6) | An appointment ends after 3 years, or when the appointer replaces the member | |
by making another appointment. | ||
(7) | Despite subsection (6), each term of a member referred to in subsection (4) ends on the same day as the term of office of that member ends before a | |
triennial general election under the Local Electoral Act 2001. | 10 | |
(8) | A member may be appointed, reappointed, or discharged at the discretion of | |
the appointer. | ||
Application of Reserves Act 1977 to joint management body | ||
(1) | Unless otherwise provided by this Act, sections 32 to 34 of the Reserves Act | |
1977 apply to the joint management body established by section 64 (the | 15 | |
body) as if it were a board. | ||
(2) | The following provisions apply, despite the specified requirements of the | |
Reserves Act 1977: | ||
(a) despite section 32(1) of that Act, the first meeting of the body must be | ||
held not later than 6 months after the settlement date: | 20 | |
(b) despite section 32(5) of that Act, the trustees must appoint the chair‐ | ||
person and the Thames–Coromandel District Council must appoint the | ||
deputy chairperson of the joint management body: | ||
(c) despite section 32(7) of that Act,— | ||
(i) no casting vote may be exercised and the members must strive to | 25 | |
reach a consensus; but | ||
(ii) if a consensus cannot be reached within a reasonable time, a | ||
decision must be made by majority vote: | ||
(d) despite section 32(8) and (9) of that Act, all members must be present | ||
for all business of the body: | 30 | |
(e) despite section 32(10) of that Act, the members must strive to reach a | ||
consensus, but if that cannot be reached within a reasonable time, the | ||
question must be determined by majority vote: | ||
(f) despite section 41(1) of that Act,— | ||
(i) the management plan that is in force immediately before the | 35 | |
settlement date for all of the reserves administered by the | ||
Thames–Coromandel District Council in the area in which | ||
Paparoa site A, Paparoa site B, and Xx Xxxx are located continues | ||
to apply to those properties; and |
Ngāti Hei Claims Settlement Bill Part 2 cl 67
(ii) when the Council is reviewing that plan, to the extent that it applies to Paparoa site A, Paparoa site B, and Xx Xxxx, the body must prepare and approve a separate management plan for those properties. | ||
(3) | In this section, consensus means the absence of a formally recorded dissent by | 5 |
a member at a meeting of the body. | ||
Subsequent transfer of reserve land | ||
(1) | This section applies to all or the part of a reserve property that remains a | |
reserve under the Reserves Act 1977 after the property has vested in the | ||
trustees under this subpart. | 10 | |
(2) | The fee simple estate in the reserve land in a jointly vested property (other than | |
the Opera Point property) may be transferred only in accordance with section 68. | ||
(3) | The fee simple estate in the reserve land in any other property (including the | |
Opera Point property) may be transferred only in accordance with section 67 or 68. | 15 | |
(4) | In this section and sections 67 to 69, reserve land means the land that remains a reserve as described in subsection (1). | |
Transfer of reserve land to new or differently composed administering | ||
body | 20 | |
(1) | The registered owners of the reserve land may apply in writing to the Minister | |
of Conservation for consent to transfer the fee simple estate in the reserve land | ||
to 1 or more persons (the new owners). | ||
(2) | In the case of the Opera Point property, the registered owners may apply under | |
subsection (1) to transfer a part (but not the whole) of their share in the | 25 | |
reserve land to new owners. | ||
(3) | The Minister of Conservation must give written consent to the transfer if the | |
registered owners satisfy the Minister that the new owners are able— | ||
(a) to comply with the requirements of the Reserves Act 1977; and | ||
(b) to perform the duties of an administering body under that Act. | 30 | |
(4) | The Registrar-General must, upon receiving the required documents, register | |
the new owners as the owners of the fee simple estate, or a share, in the reserve | ||
land. | ||
(5) | The required documents are— | |
(a) a transfer instrument to transfer the fee simple estate in the reserve land | 35 | |
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 |
Part 2 cl 68 Ngāti Hei Claims Settlement Bill
(b) the written consent of the Minister of Conservation to the transfer of the reserve land; and | ||
(c) the written consent of the administering body of the reserve land, if the | ||
trustees are transferring the reserve land but are not the administering | ||
body; and | 5 | |
(d) 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,— | |
(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 | 10 | |
was held by the administering body immediately before the transfer. | ||
(7) | In the case of the Opera Point property, for the purposes of this section,— | |
(a) the joint management body established under section 63(1)(a) con‐ tinues, and any new owners referred to in subsection (2) may appoint | ||
2 members to that body in addition to the members already appointed; | 15 | |
and | ||
(b) the requirements of section 63(5) to (9) apply with any necessary | ||
modifications. | ||
(8) | A transfer that complies with this section need not comply with any other | |
requirements. | 20 | |
Transfer of reserve land if trustees change | ||
The registered owners of the reserve land may transfer the fee simple estate in | ||
the reserve land if— | ||
(a) the transferors of the reserve land are or were the trustees of a trust; and | ||
(b) the transferees are the trustees of the same trust, after any new trustee | 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 reserve land is accompanied by a certificate | ||
given by the transferees, or the transferees’ lawyer, verifying that para- graphs (a) and (b) apply. | 30 | |
Reserve land not to be mortgaged | ||
The owners of reserve land must not mortgage, or give a security interest in, | ||
the reserve land. | ||
Saving of bylaws, etc, in relation to reserve properties | ||
(1) | This section applies to any bylaw, or any prohibition or restriction on use or | 35 |
access, that an administering body or the Minister of Conservation made or | ||
imposed under the Conservation Act 1987 or the Reserves Act 1977 in relation |
Ngāti Hei Claims Settlement Bill Part 2 cl 72
to a reserve property before the property was vested in the trustees under this subpart.
(2) The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 or the Reserves Act 1977.
Consequential amendments to Hauraki Gulf Marine Park Act 2000 5
71 Amendments to Hauraki Gulf Marine Park Act 2000
Section 72 amends the Hauraki Gulf Marine Park Act 2000.
In Schedule 5, insert in their appropriate alphabetical order:
The land described as the Ahuahu / Great Mercury Island property in Part 1 10
of Schedule 1 of the Ngāti Hei Claims Settlement Act of the Ngāti Hei Claims Settlement Act 2022, with effect on and from the date specified in section 43(1) of that Act.
The land described as Hereheretaura Pā in Part 1 of Schedule 1 of the Ngāti
Hei Claims Settlement Act of the Ngāti Hei Claims Settlement Act 2022, 15
with effect on and from the settlement date, as defined in section 12(1) of that Act.
The land described as the Opera Point property in Part 1 of Schedule 1 of the Ngāti Hei Claims Settlement Act of the Ngāti Hei Claims Settlement
Act 2022, with effect on and from the settlement date, as defined in section 20
12(1) of that Act.
The land described as Opua in Part 1 of Schedule 1 of the Ngāti Hei Claims Settlement Act of the Ngāti Hei Claims Settlement Act 2022, with effect on and from the settlement date, as defined in section 12(1) of that Act.
The land described as Paparoa site A in Part 1 of Schedule 1 of the Ngāti 25
Hei Claims Settlement Act of the Ngāti Hei Claims Settlement Act 2022, with effect on and from the settlement date, as defined in section 12(1) of that Act.
The land described as Paparoa site B in Part 1 of Schedule 1 of the Ngāti
Hei Claims Settlement Act of the Ngāti Hei Claims Settlement Act 2022, 30
with effect on and from the settlement date, as defined in section 12(1) of that Act.
The land described as Pauanui Tihi in Part 1 of Schedule 1 of the Ngāti Hei Claims Settlement Act of the Ngāti Hei Claims Settlement Act 2022,
with effect on and from the settlement date, as defined in section 12(1) of 35
that Act.
The land described as Pukeumu in Part 1 of Schedule 1 of the Ngāti Hei Claims Settlement Act of the Ngāti Hei Claims Settlement Act 2022,
Part 2 cl 73 Ngāti Hei Claims Settlement Bill
with effect on and from the settlement date, as defined in section 12(1) of that Act.
The land described as Xx Xxxx Pā in Part 1 of Schedule 1 of the Ngāti Hei Claims Settlement Act of the Ngāti Hei Claims Settlement Act 2022, with effect on and from the settlement date, as defined in section 12(1) of that Act.
The land described as Xx Xxxx in Part 1 of Schedule 1 of the Ngāti Hei Claims Settlement Act of the Ngāti Hei Claims Settlement Act 2022, with effect on and from the settlement date, as defined in section 12(1) of that Act.
The land described as Te Rerepiki in Part 1 of Schedule 1 of the Ngāti Hei Claims Settlement Act of the Ngāti Hei Claims Settlement Act 2022, with effect on and from the settlement date, as defined in section 12(1) of that Act.
The land described as Whitianga Pā in Part 1 of Schedule 1 of the Ngāti Hei Claims Settlement Act of the Ngāti Hei Claims Settlement Act 2022, with effect on and from the settlement date, as defined in section 12(1) of that Act.
5
10
15
Ohinau Island vested in trustees | 20 | |
(1) | The fee simple estate in Ohinau Island vests in the trustees. | |
(2) | Subsection (1) does not take effect until the trustees have provided Maritime | |
New Zealand with a registrable lease of Ohinau Island on the terms and | ||
conditions set out in part 10 of the documents schedule. | ||
(3) | Sections 17, 18, 52, and 55 to 58 apply, except as expressly excluded, to Ohinau Island as if it were a cultural redress property vested under subpart 1. | 25 |
(4) | In this section, Ohinau Island means the land of that name described in Part 3 of Schedule 1. | |
30 | ||
Interpretation | ||
In this subpart,— | ||
court means the Māori Land Court | ||
descendants means the descendants of Xxxxxxxxx, Xxxx, and Xxx | ||
Xxxxx freehold land has the meaning given in section 4 of Te Ture Whenua | 35 | |
Maori Act 1993 |
Ngāti Hei Claims Settlement Bill Part 2 cl 76
Registrar has the meaning given in section 4 of Te Ture Whenua Maori Act 1993 | ||
reserve land means all or the part of Ruamāhua that remains a reserve under | ||
the Reserves Act 1977 after the property has vested in the descendants under section 75(1) | 5 | |
Ruamāhua means the land of that name described in Part 4 of Schedule 1 | ||
specified freehold land has the meaning given in section 9(1) of the Marine | ||
and Coastal Area (Takutai Moana) Act 2011 | ||
wildlife sanctuary has the meaning given in section 2(1) of the Wildlife Act | ||
1953. | 10 | |
Xxxxxxxx xxxxxx xx xxxxxxxxxxx | ||
(1) | The fee simple estate in Ruamāhua (being Aldermen Islands (Ruamaahu) | |
Nature Reserve) vests in the descendants. | ||
(2) | Ruamāhua is vested subject to the interests listed for the property in the third column of the table in Part 4 of Schedule 1. | 15 |
(3) | Upon vesting under subsection (1), Ruamāhua— | |
(a) has the status of Maori freehold land; and | ||
(b) is to be treated as specified freehold land. | ||
(4) | Despite the vesting, Xxxxxxxx continues to be— | |
(a) a nature reserve subject to section 20 of the Reserves Act 1977; and | 20 | |
(b) a wildlife sanctuary under section 9 of the Wildlife Act 1953; and | ||
(c) land to which Schedule 4 of the Crown Minerals Act 1991 applies (see | ||
clauses 2, 6, and 11 of that schedule); and | ||
(d) part of the Hauraki Gulf Marine Park. | ||
(5) | The fee simple estate in the reserve land must not be transferred. | 25 |
(6) | Improvements in or on Ruamāhua do not vest in the descendants, despite the vesting referred to in subsection (1). | |
Application of Te Ture Whenua Maori Act 1993 | ||
(1) | Te Ture Whenua Maori Act 1993 applies to the reserve land, but only in | |
relation to— | 30 | |
(a) the review of the Grey-Faced Petrel (Northern Muttonbird) Notice 1979, | ||
as specified in clause 6A.7 of the deed of settlement: | ||
(b) any proposal under section 24 of the Reserves Act 1977— | ||
(i) to change the classification or purpose of that land; or | ||
(ii) to revoke the reserve status of that land. | 35 |
Part 2 cl 77 Ngāti Hei Claims Settlement Bill
Change of classification or purpose | ||
(2) | If the Minister of Conservation decides to change the classification or purpose | |
of all or part of Xxxxxxxx as a reserve under section 24 of the Reserves Act | ||
1977, the Minister must first obtain consent to the proposed change from the | ||
representatives of the descendants. | 5 | |
Revocation of reservation | ||
(3) | Before the Minister of Conservation revokes the reservation of all or part | |
of Ruamāhua as a reserve under section 24 of the Reserves Act 1977, the requirements of section 77 must be met. | ||
(4) | If the reservation of all or part of Ruamāhua as a reserve is revoked, Te Ture | 10 |
Whenua Maori Act 1993 applies to all or the part of the property that is no | ||
longer a reserve. | ||
Requirements before revocation of reservation | ||
(1) | If the Minister of Conservation decides to revoke the reservation of all or part | |
of Xxxxxxxx as a reserve, the Director-General must provide written notice of | 15 | |
that decision to the Registrar. | ||
(2) | When the Registrar receives a written notice, the Registrar must refer the | |
notice to the court. | ||
(3) | The court must initiate a meeting of the descendants. | |
(4) | The purpose of the meeting initiated under subsection (3) is to consider, for all or the part of Ruamāhua that is no longer to be a reserve,— | 20 |
(a) the constitution of a trust; and | ||
(b) the terms of the trust; and | ||
(c) the appointment of trustees for that trust. | ||
(5) | When the Registrar reports to the court on the outcome of the meeting initiated under subsection (3), the court must, by order and in accordance with the decisions of the descendants made at that meeting,— | 25 |
(a) specify that the descendants, as a class, are the beneficial owners of all | ||
or the part of Ruamāhua that is no longer a reserve; and | ||
(b) constitute the trust; and | 30 | |
(c) set out the terms of the trust; and | ||
(d) appoint trustees under section 222 of Te Ture Whenua Maori Act 1993, | ||
as if the trust had been constituted under Part 12 of that Act; and | ||
(e) vest the land in the trustees under section 220 of Te Ture Whenua Maori | ||
Act 1993, as if the trust had been constituted under Part 12 of that Act. | 35 | |
(6) | Orders made under subsection (5) take effect only on and from the date on which the reservation of all or part of Ruamāhua as a reserve is revoked. |
Ngāti Hei Claims Settlement Bill Part 2 cl 80
(7) | Before making an order under subsection (5), the court must be satisfied that— | |
(a) the descendants have had sufficient notice of the meeting initiated | ||
under subsection (3) and sufficient opportunity to consider the matters referred to in subsection (4); and | 5 | |
(b) the constitution of the trust, the proposed terms of the trust, and the | ||
proposed trustees are broadly acceptable to the descendants. | ||
(8) | As soon as is reasonably practicable after the trustees have been appointed,— | |
(a) the Registrar must notify the Director-General of those appointments; | ||
and | 10 | |
(b) the Minister of Conservation must revoke the reservation of all or part of | ||
Ruamāhua as a reserve. | ||
Notices to be given to Māori Land Court | ||
(1) | As soon as is reasonably practicable after the fee simple estate in Ruamāhua | |
vests under section 75(1), the Director-General must notify the Registrar— | 15 | |
(a) of the status of Ruamāhua as Maori freehold land; and | ||
(b) that sections 76 and 77 of this Act apply to that land. | ||
(2) | As soon as is reasonably practicable after the reservation of Ruamāhua as a | |
reserve is revoked for all or part of the land, the Director-General must notify | ||
the Registrar of that revocation. | 20 | |
(3) | The Registrar must ensure that all relevant information notified under subsec- tion (1) or (2) is entered on the records of the court. | |
The Crown’s rights and obligations | ||
(1) | The Crown has all the rights and obligations that it would have if it were | |
the registered owner of the reserve land, and must exercise those rights and | 25 | |
obligations in the name of the Crown. | ||
(2) | Subsection (1) applies despite— | |
(a) the vesting of Ruamāhua in the descendants; or | ||
(b) the registration of the descendants as the registered owners of Xxxxx‐ | ||
xxx. | 30 | |
(3) | The Registrar-General and any other relevant person must have regard to | |
subsection (1). | ||
Application of Reserves Act 1977 and Fire and Emergency New Zealand | ||
Act 2017 | ||
(1) | Despite the vesting of Ruamāhua under section 75(1), the Reserves Act 1977 | 35 |
applies to the reserve land as if it were vested in the Crown. | ||
(2) | To avoid doubt, because of subsection (1),— |
Part 2 cl 81 Ngāti Hei Claims Settlement Bill
(a) the reserve land is not vested in, or managed and controlled by, an administering body; and | ||
(b) the Crown continues to administer, control, and manage the reserve land; | ||
and | ||
(c) the Crown continues to retain all income, and be responsible for all | 5 | |
liabilities, in relation to the reserve land. | ||
(3) | For the purposes of the Fire and Emergency New Zealand Act 2017, Xxxxxxxx | |
must be treated as if it were public conservation land within the meaning of | ||
section 144 of that Act. | ||
(4) | However, subsection (3) ceases to apply if, in respect of all of the prop‐ erty,— | 10 |
(a) the reservation of Ruamāhua as a reserve is revoked; and | ||
(b) the declaration of Ruamāhua as a wildlife sanctuary is revoked. | ||
Interests that are not interests in land | ||
(1) | This section applies if Ruamāhua is subject to an interest (other than an interest in land) that is listed for the property in Part 4 of Schedule 1, and for which there is a grantor, whether or not the interest also applies to land that is not part | 15 |
of Ruamāhua. | ||
(2) | The interest applies as if the Crown were the grantor of the interest in respect of the property, except to the extent that subsection (3) applies. | 20 |
(3) | If all or part of Ruamāhua is no longer a reserve under the Reserves Act 1977, | |
the interest applies as if the owners of that land were the grantor of the interest | ||
in respect of all or part of the property. | ||
(4) | The interest applies— | |
(a) until the interest expires or is terminated, but any subsequent transfer of | 25 | |
Ruamāhua must be ignored in determining whether the interest expires | ||
or is or may be terminated; and | ||
(b) with any other necessary modifications; and | ||
(c) despite any change in status of the land in the property. | ||
Registration | 30 | |
(1) | The Registrar-General must, in accordance with a written application by a | |
person authorised by the Director-General,— | ||
(a) create a record of title for the fee simple estate in Ruamāhua; and | ||
(b) despite the requirements of the Land Transfer Act 2017, record on the | ||
record of title “the descendants of Xxxxxxxxx, Hako, and Hei” as the | 35 | |
registered owner of the land; and | ||
(c) record on the record of title any interests that are registered, noted, or to | ||
be noted and that are described in the application. |
Ngāti Hei Claims Settlement Bill Part 2 cl 85
(2) | A record of title must be created under this section as soon as is reasonably practicable after the settlement date, but not later than 24 months after that date. | |
Application of Part 4A of Conservation Act 1987 | ||
(1) | The vesting of the fee simple estate in Ruamāhua as a reserve under this | 5 |
subpart 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. | ||
(2) | Section 24 of the Conservation Act 1987 does not apply to the vesting of | |
Ruamāhua. | 10 | |
(3) | If the reservation of Ruamāhua as a reserve is revoked for all or part of the | |
property, the vesting of the property continues to be exempt from section 24 of | ||
the Conservation Act 1987 for all or that part of the property. | ||
(4) | Subsections (2) and (3) do not limit subsection (1). | |
Matters to be recorded on record of title | 15 | |
(1) | The Registrar-General must record on the record of title for Ruamāhua— | |
(a) that the land is subject to Part 4A of the Conservation Act 1987, but that | ||
section 24 of that Act does not apply; and | ||
(b) that the land has the status of Maori freehold land and is subject (as | ||
specified) to Te Ture Whenua Maori Act 1993 (see sections 75(3) and 76); and | 20 | |
(c) that the land is subject to sections 75(5) and 79. | ||
(2) | A notation made under subsection (1)(a) 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. | 25 | |
(3) | If the reservation of Xxxxxxxx as a reserve is revoked— | |
(a) for all of the property, the Director-General must apply in writing to the | ||
Registrar-General to remove from the record of title for the property the | ||
notations that the land is subject to sections 75(5) and 79; or | ||
(b) for part of the property, the Director-General must apply in writing to | 30 | |
the Registrar-General to remove from the record of title for the property | ||
the notations referred to in paragraph (a), but only for the part of the | ||
property that is no longer a reserve. | ||
(4) | The Registrar-General must comply with an application received in accordance | |
with subsection (3). | 35 | |
Application of other enactments to Ruamāhua | ||
(1) | The Crown Minerals Act 1991 applies, subject to subpart 2 of Part 3, in | |
relation to the vesting of the fee simple estate in Ruamāhua under this subpart. |
Part 2 cl 86 Ngāti Hei Claims Settlement Bill
(2) | If the reservation of Ruamāhua as a reserve is revoked under section 24 of the Reserves Act 1977 for all or part of the property, section 25(2) of the Reserves Act 1977 applies to the revocation, but not the rest of section 25 of that Act. | |
(3) | If the reservation of Ruamāhua as a reserve and its declaration as a wildlife | |
sanctuary are revoked for all or part of the property, any land that is no longer | 5 | |
subject to reservation as a reserve and declaration as a wildlife sanctuary ceases | ||
to be land to which Schedule 4 of the Crown Minerals Act 1991 applies. | ||
(4) | To avoid doubt, when performing functions under the Conservation Act 1987 | |
and the enactments listed in Schedule 1 of that Act (including the Wildlife Act | ||
1953) in relation to Ruamāhua, the relevant person or entity must give effect | 10 | |
to the principles of te Tiriti o Waitangi/the Treaty of Waitangi as required by | ||
section 4 of the Conservation Act 1987. | ||
Reserve land not to be mortgaged | ||
The owners of the reserve land must not mortgage, or give a security interest | ||
in, the land. | 15 | |
Saving of bylaws, etc | ||
(1) | This section applies to the following that were made or imposed under the | |
Conservation Act 1987, the Reserves Act 1977, or the Wildlife Act 1953 in relation to Ruamāhua before the property was vested under section 75: | ||
(a) any bylaw: | 20 | |
(b) any prohibition or restriction on use or access: | ||
(c) any declaration given by notice in the Gazette. | ||
(2) | The bylaw, prohibition, restriction, or declaration remains in force until it | |
expires or is revoked under the Conservation Act 1987, the Reserves Act 1977, | ||
or the Wildlife Act 1953, as the case may be. | 25 | |
Name change for Ruamāhua | ||
(1) | The name of the Aldermen Islands (Ruamaahu) Nature Reserve is changed to | |
Ruamāhua Nature Reserve. | ||
(2) | The new name given by subsection (1) is to be treated as if— | |
(a) it were an official geographic name that takes effect on the settlement | 30 | |
date; and | ||
(b) it had first been reviewed and concurred with by the Board under subpart | ||
3 of Part 2 of the Act. | ||
(3) | The Board must, as soon as practicable after the settlement date,— | |
(a) give public notice of the new name in accordance with section 21(2)(a) | 35 | |
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. |
Ngāti Hei Claims Settlement Bill Part 2 cl 90
(4) In this section,—
Act means the New Zealand Geographic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008
Board means the New Zealand Geographic Board Xxx Xxx Taunaha o Aotea‐
roa 5
official geographic name has the meaning given in section 4 of the Act.
Subpart 4—Great Mercury Island land exchange
89 When this subpart takes effect
This subpart takes effect on the date that is 20 working days after the com‐ mencement date of this Act. 10
In this subpart,—
agreement means the Great Mercury Island Settlement Deed entered into by Great Mercury Island Limited and the Crown and dated 15 October 2021
conservation covenant means the conservation covenant created by instru‐ 15
ment 12588692.1 registered covenant relating to the GMI Exchange Land, on the terms and conditions set out in Annexure D of the agreement
Crown Exchange Land— means 0.3097 hectares, more or less, being Section 3 SO 596589
(a) means the areas shown in green and marked “B” on the land exchange 20
plan; and
(b) includes any part of the land on which the culvert is located (subject to survey)
culvert means the culvert in the location indicated approximately by a blue dot
on the land exchange plan (subject to survey) 25
Final GMI Land— means 1,503.2867 hectares, more or less, being Sections 3 and 4 SO 596589
(a) means—
(i) the land in record of title 876669; and
(ii) the Crown Exchange Land; but 30
(b) does not include the GMI Exchange Land
GMI means Great Mercury Island Limited
GMI Exchange Land means 0.3109 hectares, more or less, being Section 2 SO 596589 the areas outlined in orange and shown marked “A” on the land
exchange plan (subject to survey) 35
Great Mercury Island Limited means the company registered under that name with company registration number 48615
Part 2 cl 91 Ngāti Hei Claims Settlement Bill
land exchange plan means the plan included as Annexure B in the agreement
New Landing Reserve— means 0.7949 hectares, more or less, being Sections 1 and 2 SO 596589.
(a) means—
(i) the land in record of title NA89C/693; and 5
(ii) the GMI Exchange Land; but
(b) does not include the Crown Exchange Land.
91 Vesting and exchange How land on Great Mercury Island to be dealt with
Local purpose (landing) reserve
(1AAA) The reservation of Sections 5 to 13 SO 596589 as a local purpose (landing) 10
reserve subject to the Reserves Act 1977 is revoked.
Crown Exchange Land
(1) The reservation of the Crown Exchange Land as a local purpose (landing) reserve subject to the Reserves Act 1977 is revoked, and accordingly the Crown Exchange Land ceases to be part of the Hauraki Gulf Marine Park. 15
(2) The fee simple estate in the Crown Exchange Land vests in the registered owner of record of title 876669.
(3) The Crown Exchange Land ceases to be land to which Schedule 4 of the Crown Minerals Act 1991 applies (see clause 11 of that schedule).
GMI Exchange Land 20
(4) The fee simple estate in the GMI Exchange Land vests in the Crown.
(5) The GMI Exchange Land is declared a reserve and classified as a local purpose (landing) reserve subject to section 23 of the Reserves Act 1977.
(6) The GMI Exchange Land is land to which Schedule 4 of the Crown Minerals
Act 1991 applies (land to which access restrictions apply). 25
Requirements for easement and variation of conservation covenant
(7) Before subsections (1) to (6) take effect, Great Mercury Island Limited must provide the Crown with a registrable pedestrian right of way easement in gross, on the terms and conditions set out in Annexure E of the agreement.
(8) The conservation covenant is deemed to be varied to provide that the conserva‐ 30
tion covenant—
(a) ceases to apply to the GMI Exchange Land; and
(b) applies to the Crown Exchange Land.
Application of Conservation Act 1987 and other Acts | ||
(1) | The vesting of the fee simple estate in the Crown Exchange Land under section 91(2) is a disposition for the purposes of Part 4A of the Conservation | 35 |
Ngāti Hei Claims Settlement Bill Part 2 cl 93
Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.
(2) Section 24 of the Conservation Act 1987 does not apply to the vesting of the Crown Exchange Land under section 91(2).
(3) The vesting of the Crown Exchange Land under section 91(2) does not— 5
(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 the pedes‐
trian right of way easement required under section 91(7). 10
(5) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation of the reserve status of Sections 5 to 13 SO 596589 or the Crown Exchange Land by section 91(1AAA) or (1).
(6) Section 11 and Part 10 of the Resource Management Act 1991 do not apply
to— the vesting of the Crown Exchange Land or the GMI Exchange Land 15
under section 91(2) or (4).
(a) the vesting of the Crown Exchange Land or the GMI Exchange Land under section 91(2) or (4); or
(b) any matter incidental to, or required for the purpose of, those vestings.
93 Matters recorded on record of title 20
(1) As soon as applications are produced for records of title for the Final GMI Land and the New Landing Reserve, the Registrar-General must—
(a) record on the conservation covenant instrument the effect of the vari‐ ation of the covenant (see section 91(8)); and
(b) create 1 record of title for the fee simple estate in the Final GMI Land in 25
the name of the registered owner of record of title 876669; and
(c) record on the record of title for the Final GMI Land—
(i) any interests that are registered or noted and that apply to that land; and
(ii) that the land is subject to Part 4A of the Conservation Act 1987, 30
but that section 24 of that Act does not apply; and
(iii) the effect of the variation of the covenant (see section 91(8)); and
(iv) that the land is subject to section 11 of the Crown Minerals Act 1991; and 35
(d) create 1 record of title for the fee simple estate in the New Landing Reserve in the name of His Majesty the King; and
(e) record on the record of title created under paragraph (d)—
Part 2 cl 94 Ngāti Hei Claims Settlement Bill
(i) any interests that are registered or noted and that apply to that land; and
(ii) that the land is subject to section 47(2); and
(iii) that the land is a local purpose reserve (landing) subject to the Reserves Act 1977; and 5
(iv) the effect of the variation of the covenant (see section 91(8)).
(2) Subsection (1)(c)(ii) and (iv) affects only that part of the land that was the Crown Exchange Land.
(3) The notation that the 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 10
Act.
Subpart 5—Vesting and vesting back of properties
Interpretation | ||
In this subpart,— | ||
coastal marine area has the meaning given in section 2(1) of the Resource | 15 | |
Management Act 1991 | ||
Repanga (Cuvier) Island Nature Reserve means Parts Repanga (Cuvier) | ||
Island, North Auckland Land District (as shown in yellow on OTS-100-38) to | ||
the extent that they are not within the coastal marine area | ||
Te Karaka means Sections 9, 10, and 12 Block XIV Whitianga Survey Dis‐ | 20 | |
trict, South Auckland Land District, (as shown in yellow on OTS-100-21) to | ||
the extent that they are not within the coastal marine area. | ||
Notice appointing delayed vesting date for Repanga (Cuvier) Island | ||
Nature Reserve | ||
(1) | The trustees specified in section 96(1)(a) to (d) (the specified trustees) may give written notice to the Minister of Conservation of the date on which | 25 |
Repanga (Cuvier) Island Nature Reserve is to vest in the specified trustees. | ||
(2) | The proposed date must not be later than 1 year after the settlement date. | |
(3) | The specified trustees must give the Minister of Conservation at least 40 | |
working days’ notice of the proposed date. | 30 | |
(4) | The Minister of Conservation must publish a notice in the Gazette— | |
(a) specifying the vesting date; and | ||
(b) stating that the fee simple estate in Repanga (Cuvier) Island Nature | ||
Reserve vests in the specified trustees on the vesting date. | ||
(5) | The notice must be published as early as practicable before the vesting date. | 35 |
(6) | In this section and section 96, vesting date means— |
Ngāti Hei Claims Settlement Bill Part 2 cl 97
(a) the date proposed by the specified trustees in accordance with subsec- tions (1) to (3); or | ||
(b) the date that is 1 year after the settlement date, if no date is proposed. | ||
Delayed vesting and vesting back of Repanga (Cuvier) Island Nature | ||
Reserve | 5 | |
(1) | The fee simple estate in Repanga (Cuvier) Island Nature Reserve vests in the | |
following on the vesting date: | ||
(a) the trustees under this paragraph; and | ||
(b) the trustees of the Ngāti Maru Rūnanga Trust under section 112(1)(a) of the Ngāti Maru Claims Settlement Act 2022; and | 10 | |
(c) the trustees of the Ngāti Tamaterā Treaty Settlement Trust under sec- tion 120(1)(a) of the Ngāti Tamaterā Claims Settlement Act 2022; and | ||
(d) the trustees of the Ngaati Whanaunga Ruunanga Trust under section 83(1)(a) of the Ngaati Whanaunga Claims Settlement Act 2022. | 15 | |
(2) | On the seventh day after the vesting date, the fee simple estate in Repanga | |
(Cuvier) Island Nature Reserve vests in the Crown. | ||
(3) | However, the following matters apply as if the vestings had not occurred: | |
(a) Repanga (Cuvier) Island Nature Reserve remains a nature reserve under | ||
the Reserves Act 1977; and | 20 | |
(b) any enactment, instrument, or interest that applied to Repanga (Cuvier) | ||
Island Nature Reserve immediately before the vesting date continues to | ||
apply to it; and | ||
(c) to the extent that the overlay classification applies to Repanga (Cuvier) | ||
Island Nature Reserve immediately before the vesting date, it continues | 25 | |
to apply to the property; and | ||
(d) the Crown retains all liability for Repanga (Cuvier) Island Nature | ||
Reserve. | ||
(4) | The vestings are not affected by— | |
(a) Part 4A of the Conservation Act 1987; or | 30 | |
(b) section 10 or 11 of the Crown Minerals Act 1991; or | ||
(c) section 11 or Part 10 of the Resource Management Act 1991; or | ||
(d) any other enactment relating to the land. | ||
(5) | The vesting referred to in subsection (1) is not a disposal of RFR land under subpart 5 of Part 3 of the Pare Hauraki Collective Redress Act 2022. | 35 |
Notice appointing delayed vesting date for Te Karaka | ||
(1) | The trustees may give written notice to the Minister of Conservation of the date | |
on which Te Karaka is to vest in the trustees. |
Part 2 cl 98 Ngāti Hei Claims Settlement Bill
(2) The proposed date must not be later than 2 years after the settlement date.
(3) The trustees must give the Minister of Conservation at least 40 working days’ notice of the proposed date.
(4) The Minister of Conservation must publish a notice in the Gazette—
(a) specifying the vesting date; and 5
(b) stating that the fee simple estate in Te Karaka vests in the trustees on the vesting date.
(5) The notice must be published as early as practicable before the vesting date.
(6) In this section and section 98, vesting date means—
(a) the date proposed by the trustees in accordance with subsections (1) 10
to (3); or
(b) the date that is 2 years after the settlement date, if no date is proposed.
Delayed vesting and vesting back of Te Karaka | ||
(1) | The fee simple estate in Te Karaka vests in the trustees on the vesting date. | |
(2) | On the 30th day after the vesting date, the fee simple estate in Te Karaka vests | 15 |
back in the Crown. | ||
(3) | However, the following matters apply as if the vestings had not occurred: | |
(a) Te Karaka remains a recreation reserve under the Reserves Act 1977; | ||
and | ||
(b) the Thames–Coromandel District Council remains the registered owner | 20 | |
and the administering body of the reserve; and | ||
(c) any enactment, instrument, or interest that applied to Te Karaka immedi‐ | ||
ately before the vesting date continues to apply to it; and | ||
(d) to the extent that the statutory acknowledgement applies to Te Karaka | ||
immediately before the vesting date, it continues to apply to the prop‐ | 25 | |
erty; and | ||
(e) the Thames–Coromandel District Council retains all liability for Te Kar‐ | ||
aka. | ||
(4) | The vestings are not affected by— | |
(a) Part 4A of the Conservation Act 1987; or | 30 | |
(b) section 10 or 11 of the Crown Minerals Act 1991; or | ||
(c) section 11 or Part 10 of the Resource Management Act 1991; or | ||
(d) any other enactment relating to the land. | ||
(5) | The vesting referred to in subsection (1) is not a disposal of RFR land under subpart 5 of Part 3 of the Pare Hauraki Collective Redress Act 2022. | 35 |
Ngāti Hei Claims Settlement Bill Part 2 cl 99
Subpart 6—Overlay classification
Interpretation | ||
In this subpart,— | ||
Conservation Board means a board established under section 6L of the Con‐ | ||
servation Act 1987 | 5 | |
New Zealand Conservation Authority means the Authority established by | ||
section 6A of the Conservation Act 1987 | ||
overlay area— | ||
(a) means an area that is declared under section 100(1) to be subject to the overlay classification; but | 10 | |
(b) does not include an area that is declared under section 111(1) to be no longer subject to the overlay classification |
overlay classification—
(a) means the application of this subpart to each overlay area; and
(b) in the case of Cathedral Cove Recreation Reserve, is known as te o a Hei 15
protection principles, for an overlay area,—
(a) means the principles agreed by the relevant trustees and the Minister of Conservation, as set out for the area in part 1 of the documents schedule for each of the relevant iwi; and
(b) includes any principles as they are amended by the written agreement of 20 the relevant trustees and the Minister of Conservation
relevant iwi, for an overlay area, means—
(a) Ngāti Hei, in the case of Cathedral Cove Recreation Reserve:
(b) the following iwi, in the case of Repanga (Cuvier) Island Nature Reserve: 25
(i) Ngāti Hei; and
(ii) Ngāti Maru; and
(iii) Ngāti Tamaterā; and
(iv) Xxxxxx Xxxxxxxxx
relevant trustees, for an overlay area, means— 30
(a) the trustees, in the case of Cathedral Cove Recreation Reserve:
(b) the following groups of trustees, in the case of Repanga (Cuvier) Island Nature Reserve:
(i) the trustees; and
(ii) the trustees of the Ngāti Maru Rūnanga Trust; and 35
(iii) the trustees of the Ngāti Tamaterā Treaty Settlement Trust; and
Part 2 cl 100 Ngāti Hei Claims Settlement Bill
(iv) the trustees of the Ngaati Whanaunga Ruunanga Trust
specified actions, for an overlay area, means the actions set out for the area in part 1 of the documents schedule for each of the relevant iwi
statement of values, for an overlay area, means the statement—
(a) made by the relevant iwi of their values relating to their cultural, histor‐ ical, spiritual, and traditional association with the overlay area; and (b) set out in part 1 of the documents schedule for each of the relevant iwi. | 5 | |
Declaration of overlay classification and the Crown’s acknowledgement | ||
(1) | Each area described in Schedule 2 is declared to be subject to the overlay classification. | 10 |
(2) | The Crown acknowledges the statements of values for the overlay areas. | |
Purposes of overlay classification | ||
The only purposes of the overlay classification are— | ||
(a) to require the New Zealand Conservation Authority and relevant Xxxxxx‐ vation Boards to comply with the obligations in section 103; and | 15 | |
(b) to enable the taking of action under sections 104 to 109. | ||
Effect of protection principles | ||
The protection principles are intended to prevent the values stated in the state‐ | ||
ment of values for an overlay area from being harmed or diminished. | ||
Obligations on New Zealand Conservation Authority and Conservation | 20 | |
Boards | ||
(1) | When the New Zealand Conservation Authority or a Conservation Board con‐ | |
xxxxxx a conservation management strategy, conservation management plan, or | ||
national park management plan that relates to an overlay area, the Authority or | ||
Board must have particular regard to— | 25 | |
(a) the statement of values for the area; and | ||
(b) the protection principles for the area. | ||
(2) | Before approving a strategy or plan that relates to an overlay area, the New | |
Zealand Conservation Authority or a Conservation Board must— | ||
(a) consult the relevant trustees; and | 30 | |
(b) have particular regard to the views of the relevant trustees as to the effect | ||
of the strategy or plan on— | ||
(i) any matters in the implementation of the statement of values for | ||
the area; and | ||
(ii) any matters in the implementation of the protection principles for | 35 | |
the area. |
Ngāti Hei Claims Settlement Bill Part 2 cl 107
(3) | If the relevant trustees advise the New Zealand Conservation Authority in writ‐ | |
ing that they have significant concerns about a draft conservation management | ||
strategy in relation to an overlay area, the Authority must, before approving | ||
the strategy, give the relevant trustees an opportunity to make submissions in | ||
relation to those concerns. | 5 | |
Noting of overlay classification in strategies and plans | ||
(1) | The application of the overlay classification to an overlay area must be noted | |
in any conservation management strategy, conservation management plan, or | ||
national park management plan affecting the area. | ||
(2) | The noting of the overlay classification is— | 10 |
(a) for the purpose of public notice only; and | ||
(b) not an amendment to the strategy or plan for the purposes of section 17I | ||
of the Conservation Act 1987 or section 46 of the National Parks Act | ||
1980. | ||
Notification in Gazette | 15 | |
(1) | The Minister of Conservation must notify in the Gazette, as soon as practicable | |
after the settlement date,— | ||
(a) the declaration made by section 100 that the overlay classification applies to the overlay areas; and | ||
(b) the protection principles for each overlay area. | 20 | |
(2) | An amendment to the protection principles, as agreed by the relevant trustees | |
and the Minister of Conservation, must be notified by the Minister in the | ||
Gazette as soon as practicable after the amendment has been agreed in writing. | ||
(3) | The Director-General may notify in the Gazette any action (including any specified action) taken or intended to be taken under section 106 or 107. | 25 |
Actions by Director-General | ||
(1) | The Director-General must take action in relation to the protection principles | |
that relate to an overlay area, including the specified actions. | ||
(2) | The Director-General retains complete discretion to determine the method and | |
extent of the action to be taken. | 30 | |
(3) | The Director-General must notify the relevant trustees in writing of any action | |
that the Director-General intends to take. | ||
Amendment to strategies or plans | ||
(1) | The Director-General may initiate an amendment to a conservation manage‐ | |
ment strategy, conservation management plan, or national park management | 35 | |
plan to incorporate objectives for the protection principles that relate to an | ||
overlay area. |
Part 2 cl 108 Ngāti Hei Claims Settlement Bill
(2) | The Director-General must consult relevant Conservation Boards before initiat‐ ing the amendment. | |
(3) | The amendment is an amendment for the purposes of section 17I(1) to (3) of | |
the Conservation Act 1987 or section 46(1) to (4) of the National Parks Act | ||
1980. | 5 | |
Regulations | ||
(1) | The Governor-General may, by Order in Council made on the recommendation | |
of the Minister of Conservation, make regulations for 1 or more of the follow‐ | ||
ing purposes: | ||
(a) to provide for the implementation of objectives included in a strategy or | 10 | |
plan under section 107(1): | ||
(b) to regulate or prohibit activities or conduct by members of the public in | ||
relation to an overlay area: | ||
(c) to create offences for breaches of regulations made under paragraph (b): | 15 | |
(d) to prescribe the following fines for an offence referred to in paragraph (c): | ||
(i) a fine not exceeding $5,000; and | ||
(ii) if the offence is a continuing one, an additional amount not | ||
exceeding $500 for every day on which the offence continues. | 20 | |
(2) | Regulations made under this section are secondary legislation (see Part 3 of the | |
Legislation Act 2019 for publication requirements). | ||
Bylaws | ||
(1) | The Minister of Conservation may make bylaws for 1 or more of the following | |
purposes: | 25 | |
(a) to provide for the implementation of objectives included in a strategy or | ||
plan under section 107(1): | ||
(b) to regulate or prohibit activities or conduct by members of the public in | ||
relation to an overlay area: | ||
(c) to create offences for breaches of bylaws made under paragraph (b): | 30 | |
(d) to prescribe the following fines for an offence referred to in paragraph (c): | ||
(i) a fine not exceeding $5,000; and | ||
(ii) if the offence is a continuing one, an additional amount not | ||
exceeding $500 for every day on which the offence continues. | 35 | |
(2) | Bylaws made under this section are secondary legislation (see Part 3 of the | |
Legislation Act 2019 for publication requirements). |
Ngāti Hei Claims Settlement Bill Part 2 cl 112
Effect of overlay classification on overlay areas | ||
(1) | This section applies if, at any time, the overlay classification applies to any | |
land in— | ||
(a) a national park under the National Parks Act 1980; or | ||
(b) a conservation area under the Conservation Act 1987; or | 5 | |
(c) a reserve under the Reserves Act 1977. | ||
(2) | The overlay classification does not affect— | |
(a) the status of the land as a national park, conservation area, or reserve; or | ||
(b) the classification or purpose of a reserve. | ||
Termination of overlay classification | 10 | |
(1) | The Governor-General may, by Order in Council made on the recommendation | |
of the Minister of Conservation, declare that all or part of an overlay area is no | ||
longer subject to the overlay classification. | ||
(2) | The Minister of Conservation must not make a recommendation for the pur‐ poses of subsection (1) unless— | 15 |
(a) the relevant trustees and the Minister of Conservation have agreed in | ||
writing that the overlay classification is no longer appropriate for the | ||
relevant area; or | ||
(b) the relevant area is to be, or has been, disposed of by the Crown; or | ||
(c) the responsibility for managing the relevant area is to be, or has been, | 20 | |
transferred to a different Minister of the Crown or the Commissioner of | ||
Crown Lands. | ||
(3) | The Crown must take reasonable steps to ensure that the relevant trustees | |
continue to have input into the management of a relevant area if— | ||
(a) subsection (2)(c) applies; or | 25 | |
(b) there is a change in the statutory management regime that applies to all | ||
or part of the overlay area. | ||
(4) | The Minister of Conservation must ensure that an order made under this sec‐ | |
tion is published in the Gazette. | ||
Exercise of powers and performance of functions and duties | 30 | |
(1) | The overlay classification does not affect, and must not be taken into account | |
by, any person exercising a power or performing a function or duty under an | ||
enactment or a bylaw. | ||
(2) | A person, in considering a matter or making a decision or recommendation | |
under legislation or a bylaw, must not give greater or lesser weight to the | 35 | |
values stated in the statement of values for an overlay area than that person | ||
would give if the area were not subject to the overlay classification. | ||
(3) | Subsection (2) does not limit subsection (1). |
Part 2 cl 113 Ngāti Hei Claims Settlement Bill
(4) | This section is subject to the other provisions of this subpart. | |
Rights not affected | ||
(1) | The overlay classification does not— | |
(a) affect the lawful rights or interests of a person who is not a party to the | ||
deed of settlement; or | 5 | |
(b) have the effect of granting, creating, or providing evidence of an estate | ||
or interest in, or rights relating to, an overlay area. | ||
(2) | This section is subject to the other provisions of this subpart. | |
Interpretation | 10 | |
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 Ngāti Hei of their particular cultural, historical, spiritual, and | 15 | |
traditional association with the statutory area; and | ||
(b) set out in part 2 of the documents schedule | ||
statutory acknowledgement means the acknowledgement made by the Crown in section 115 in respect of the statutory areas, on the terms set out in this subpart | 20 | |
statutory area means an area described in Schedule 3, 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 pol‐ | ||
icy statement, or proposed policy statement as defined in section 43AA | 25 | |
of the Resource Management Act 1991; and | ||
(b) includes a proposed plan, as defined in section 43AAC of that Act. | ||
Statutory acknowledgement by the Crown | ||
The Crown acknowledges the statements of association for the statutory areas. | ||
Purposes of statutory acknowledgement | 30 | |
The only purposes of the statutory acknowledgement are— | ||
(a) to require relevant consent authorities, the Environment Court, and | ||
Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 117 to 119; and |
Ngāti Hei Claims Settlement Bill Part 2 cl 119
(b) to require relevant consent authorities to record the statutory acknow‐ ledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 120 and | ||
121; and | 5 | |
(c) to enable the trustees and any member of Ngāti Hei to cite the statutory | ||
acknowledgement as evidence of the association of Ngāti Hei with a | ||
statutory area, in accordance with section 122. | ||
Relevant consent authorities to have regard to statutory acknowledgement | ||
(1) | This section applies in relation to an application for a resource consent for an | 10 |
activity within, adjacent to, or directly affecting a statutory area. | ||
(2) | On and from the effective date, a relevant consent authority must have regard | |
to the statutory acknowledgement relating to the statutory area in deciding, | ||
under section 95E of the Resource Management Act 1991, whether the trustees | ||
are affected persons in relation to the activity. | 15 | |
(3) | Subsection (2) does not limit the obligations of a relevant consent authority | |
under the Resource Management Act 1991. | ||
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 | 20 | |
affecting a statutory area. | ||
(2) | On and from the effective date, the Environment Court must have regard to | |
the statutory acknowledgement relating to the statutory area in deciding, under | ||
section 274 of the Resource Management Act 1991, whether the trustees are | ||
persons with an interest in the proceedings greater than that of the general | 25 | |
public. | ||
(3) | Subsection (2) does not limit the obligations of the Environment Court under | |
the Resource Management Act 1991. | ||
Heritage New Zealand Pouhere Taonga and Environment Court to have | ||
regard to statutory acknowledgement | 30 | |
(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 | ||
statutory area. | ||
(2) | On and from the effective date, Heritage New Zealand Pouhere Taonga must | 35 |
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. |
Part 2 cl 120 Ngāti Hei Claims Settlement Bill
(3) | On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area— | |
(a) in determining whether the trustees are persons directly affected by the | ||
decision; and | ||
(b) in determining, under section 59(1) or 64(1) of the Heritage New Zea‐ | 5 | |
land Pouhere Taonga Act 2014, an appeal against a decision of Heritage | ||
New Zealand Pouhere Taonga in relation to the application. | ||
(4) | In this section, archaeological site has the meaning given in section 6 of the | |
Heritage New Zealand Pouhere Taonga Act 2014. | ||
Recording statutory acknowledgement on statutory plans | 10 | |
(1) | On and from the effective date, each relevant consent authority must attach | |
information recording the statutory acknowledgement to all statutory plans that | ||
wholly or partly cover a statutory area. | ||
(2) | The information attached to a statutory plan must include— | |
(a) a copy of sections 115 to 119, 121, and 122; and | 15 | |
(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 | 20 | |
authority as part of the statutory plan, the information is not— | ||
(a) part of the statutory plan; or | ||
(b) subject to the provisions of Schedule 1 of the Resource Management Act | ||
1991. | ||
Provision of summary or notice to trustees | 25 | |
(1) | Each relevant consent authority must, for a period of 20 years on and from the | |
effective date, provide the following to the trustees for each resource consent | ||
application for an activity within, adjacent to, or directly affecting a statutory | ||
area: | ||
(a) if the application is received by the consent authority, a summary of the | 30 | |
application; or | ||
(b) if notice of the application is served on the consent authority under | ||
section 145(10) of the Resource Management Act 1991, a copy of the | ||
notice. | ||
(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(4) of the | 35 |
Resource Management Act 1991 or as may be agreed between the trustees and | ||
the relevant consent authority. |
Ngāti Hei Claims Settlement Bill Part 2 cl 122
(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 Resource Management Act 1991 whether to notify the application. 5
(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 notice.
(5) The trustees may, by written notice to a relevant consent authority,—
(a) waive the right to be provided with a summary or copy of a notice under 10
this section; and
(b) state the scope of that waiver and the period it applies for.
(6) This section does not affect the obligation of a relevant consent authority to decide,—
(a) under section 95 of the Resource Management Act 1991, whether to 15
notify an application:
(b) under section 95E of that Act, whether the trustees are affected persons in relation to an activity.
Use of statutory acknowledgement | ||
(1) | The trustees and any member of Ngāti Hei may, as evidence of the association | 20 |
of Ngāti Hei with a statutory area, cite the statutory acknowledgement that | ||
relates to that area in submissions concerning activities within, adjacent to, or | ||
directly affecting the statutory area that are made to or before— | ||
(a) the relevant consent authorities; or | ||
(b) the Environment Court; or | 25 | |
(c) Heritage New Zealand Pouhere Taonga; or | ||
(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, because of the statutory | |
acknowledgement, binding as fact on— | 30 | |
(a) the bodies referred to in subsection (1); or | ||
(b) parties to proceedings before those bodies; or | ||
(c) any other person who is entitled to participate in those proceedings. | ||
(3) | However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account. | 35 |
(4) | To avoid doubt,— |
Part 2 cl 123 Ngāti Hei Claims Settlement Bill
(a) neither the trustees nor members of Ngāti Hei are precluded from stat‐ ing that Ngāti Hei has an association with a statutory area that is not described in the statutory acknowledgement; and
(b) the content and existence of the statutory acknowledgement do not limit
any statement made. 5
General provisions relating to statutory acknowledgement
Application of statutory acknowledgement to river or stream | ||
If any part of the statutory acknowledgement applies to a river or stream, including a tributary, that part of the acknowledgement— | ||
(a) applies only to— | 10 | |
(i) the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and | ||
(ii) the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over | 15 | |
the banks of the river or stream; but | ||
(b) does not apply to— | ||
(i) a part of the bed of the river or stream that is not owned by the Crown; or | ||
(ii) an artificial watercourse. | 20 | |
Exercise of powers and performance of functions and duties | ||
(1) | The statutory acknowledgement does not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw. | |
(2) | A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Ngāti Hei 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. | 30 |
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 deed of settlement; and | ||
(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. | 35 | |
(2) | This section is subject to the other provisions of this subpart. |
Ngāti Hei Claims Settlement Bill Part 2 cl 129
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: Ngāti Hei Claims Settlement Act 2022 | 5 |
127 Interpretation In this subpart,— protocol—
(a) means each of the following protocols issued under section 128(1)(a): 10
(i) the primary industries protocol:
(ii) the taonga tūturu protocol; and
(b) includes any amendments made under section 128(1)(b)
responsible Minister means the 1 or more Ministers who have responsibility under a protocol. 15
General provisions applying to protocols
Issuing, amending, and cancelling protocols | ||
(1) | The responsible Minister— | |
(a) must issue a protocol to the trustees on the terms set out in part 4 of the documents schedule; and | 20 | |
(b) may amend or cancel that protocol. | ||
(2) | The responsible Minister may amend or cancel a protocol at the initiative of— |
(a) the trustees; or
(b) the responsible Minister.
(3) | The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees. | 25 |
Protocols subject to rights, functions, and duties | ||
A protocol does not restrict— | ||
(a) the ability of the Crown to exercise its powers and perform its func‐ tions and duties in accordance with the law and Government policy, for | 30 | |
example, the ability— | ||
(i) to introduce legislation and change Government policy; and |
Part 2 cl 130 Ngāti Hei Claims Settlement Bill
(ii) to interact with or consult a person that the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
(b) the responsibilities of the responsible Minister or a department of State;
or 5
(c) the legal rights of Ngāti Hei or a representative entity.
Enforcement of protocols | ||
(1) | The Crown must comply with a protocol while it is in force. | |
(2) | If the Crown fails to comply with a protocol without good cause, the trustees | |
may enforce the protocol, subject to the Crown Proceedings Act 1950. | 10 | |
(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 a | ||
protocol. | ||
(4) | To avoid doubt,— | |
(a) subsections (1) and (2) do not apply to guidelines developed for the | 15 | |
implementation of a protocol; and | ||
(b) subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2). |
Primary industries protocol | 20 | |
(1) | The chief executive of the Ministry for Primary Industries must note a sum‐ xxxx of the terms of the primary industries protocol in the fisheries plan that affects the primary industries protocol area. | |
(2) | The noting of the summary is— | |
(a) for the purpose of public notice only; and | 25 | |
(b) not an amendment to a fisheries plan for the purposes of section 11A of the Fisheries Act 1996. | ||
(3) | The primary industries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that | 30 |
are held, managed, or administered under any of the following enactments: | ||
(a) the Fisheries Act 1996: | ||
(b) the Maori Commercial Aquaculture Claims Settlement Act 2004: | ||
(c) the Maori Fisheries Act 2004: | ||
(d) the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. | 35 | |
(4) | In this section,— |
Ngāti Hei Claims Settlement Bill Part 2 cl 135
fisheries plan means a plan approved or amended under section 11A of the Fisheries Act 1996
primary industries protocol area means the area shown on the map attached to the primary industries protocol, together with the adjacent waters.
Taonga tūturu protocol | ||
(1) | The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu. | |
(2) | In this section, taonga tūturu— | 10 |
(a) has the meaning given in section 2(1) of the Protected Objects Act 1975; and | ||
(b) includes ngā taonga tūturu, as defined in section 2(1) of that Act. |
Subpart 9—Official geographic names
Interpretation In this subpart,— | 15 | |
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. | 20 | |
Official geographic names | ||
(1) | A name specified in the second column of the table in clause 5.51 of the deed | |
of settlement is the official geographic name of the feature described in the | ||
third and fourth columns of that table. | ||
(2) | Each official geographic name is to be treated as if it were an official geo‐ | 25 |
graphic name that takes effect on the settlement date by virtue of a determin‐ | ||
ation of the Board made under section 19 of the Act. | ||
Publication of official geographic names | ||
(1) | The Board must, as soon as practicable after the settlement date, give public | |
notice, in accordance with section 21(2) and (3) of the Act, of each official geographic name specified under section 134. | 30 | |
(2) | The notices must state that each official geographic name became an official | |
geographic name on the settlement date. |
Part 2 cl 136 Ngāti Hei Claims Settlement Bill
Subsequent alteration of official geographic names | ||
(1) | In making a determination to alter the official geographic name of a feature | |
named under this subpart, the Board— | ||
(a) need not comply with section 16, 17, 18, 19(1), or 20 of the Act; but | ||
(b) must have the written consent of the trustees. | 5 | |
(2) | To avoid doubt, the Board must give public notice of a determination made | |
under subsection (1) in accordance with section 21(2) and (3) of the Act. | ||
Commercial redress | ||
Subpart 1—Transfer of commercial redress property and deferred | 10 | |
selection properties | ||
Interpretation | ||
In this subpart,— | ||
commercial redress property means the property described in part 3 of the | ||
property redress schedule | 15 | |
deferred selection property means a property described in part 4 of the prop‐ | ||
erty redress schedule for which the requirements for transfer under the deed of | ||
settlement have been satisfied | ||
land holding agency means | ||
(a) for the commercial redress property, | 20 | |
| ||
(b) for a deferred selection property, the land holding agency specified for | ||
the property in part 4 of the property redress schedule | ||
Whenuakite Station means the commercial redress property. | ||
The Crown may transfer properties | 25 | |
(1) | To give effect to part 7 of the deed of settlement, the Crown (acting by and | |
through the chief executive of the land holding agency) is authorised— | ||
(a) to transfer the fee simple estate in the commercial redress property or a | ||
deferred selection property to the trustees; and | ||
(b) to sign a transfer instrument or other document, or do anything else, as | 30 | |
necessary to effect the transfer. | ||
(2) | Subsection (3) applies to a deferred selection property that is subject to a resumptive memorial recorded under any enactment listed in section 17(2). | |
(3) | As soon as is reasonably practicable after the date on which a deferred selec‐ | |
tion property is transferred to the trustees, the chief executive of the land | 35 | |
holding agency must give written notice of that date to the chief executive of |
Ngāti Hei Claims Settlement Bill Part 3 cl 141
LINZ for the purposes of section 18 (which relates to the cancellation of resumptive memorials). | ||
Minister of Conservation may grant easements | ||
(1) | The Minister of Conservation may grant any easement over a conservation | |
area or reserve that is required to fulfil the terms of the deed of settlement in | 5 | |
relation to the commercial redress property. | ||
(2) | Any such easement— | |
(a) is enforceable in accordance with its terms, despite Part 3B of the Con‐ | ||
servation Act 1987; and | ||
(b) is to be treated as having been granted in accordance with Part 3B of that | 10 | |
Act. | ||
Records of title for deferred selection properties that are not shared | ||
redress | ||
(1) | This section applies to each deferred selection property that is to be transferred to the trustees under section 138 (but not as tenants in common). | 15 |
(2) | However, this section applies only to the extent that— | |
(a) the property is not all of the land contained in a record of title for a fee | ||
simple estate; or | ||
(b) there is no record of title for a fee simple estate in all or part of the | ||
property. | 20 | |
(3) | The Registrar-General must, in accordance with a written application by an | |
authorised person,— | ||
(a) create a record of title for the fee simple estate in the property in the | ||
name of the Crown; and | ||
(b) record on the record of title any interests that are registered, noted, or to | 25 | |
be noted and that are described in the application; but | ||
(c) omit any statement of purpose from the record of title. | ||
(4) | Subsection (3) is subject to the completion of any survey necessary to create a record of title. | |
(5) | In this section and sections 141 and 142, authorised person means a person authorised by the chief executive of the land holding agency for the | 30 |
relevant property. | ||
Records of title for shared commercial redress property and deferred | ||
selection property | ||
(1) | This section applies to each of the following properties that are to be transfer‐ red under section 138 to the trustees as tenants in common: | 35 |
(a) Whenuakite Station: |
Part 3 cl 142 Ngāti Hei Claims Settlement Bill
(b) a deferred selection property. | ||
(2) | The Registrar-General must, in accordance with a written application by an | |
authorised person,— | ||
(a) create a record of title in the name of the Crown for each undivided | ||
specified share of the fee simple estate in the property; and | 5 | |
(b) record on each record of title any interests that are registered, noted, or | ||
to be noted and that are described for that record in the application; but | ||
(c) omit any statement of purpose from each record of title. | ||
(3) | Subsection (2) is subject to the completion of any survey necessary to create a record of title. | 10 |
Authorised person may grant covenant for later creation of record of title | ||
(1) | For the purposes of sections 140 and 141, the authorised person may grant a covenant for the later creation of a record of title for a fee simple estate in the | |
commercial redress property or a deferred selection property. | ||
(2) | Despite the Land Transfer Act 2017,— | 15 |
(a) the authorised person may request the Registrar-General to register the | ||
covenant under that Act by creating a record of title that records an | ||
interest; and | ||
(b) the Registrar-General must comply with the request. | ||
Application of other enactments | 20 | |
(1) | This section applies to the transfer to the trustees of the fee simple estate in the | |
commercial redress property or a deferred selection property. | ||
(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. | 25 | |
(3) | The Crown Minerals Act 1991 applies subject to subpart 2. | |
(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. | 30 | |
(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 138, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to | 35 |
the transfer. | ||
(7) | Subsection (6) is subject to subsections (2) and (3). |
Ngāti Hei Claims Settlement Bill Part 3 cl 145
(1) This section applies on and from the commencement date of this Act.
(2) The chief executive of the Office for Māori Crown Relations—Xx Xxxxxxxx is authorised to— 5
(a) accept, on behalf of His Majesty the King, a transfer of Whenuakite Station from Landcorp Holdings Limited to His Majesty the King; and
(b) sign the transfer instrument or other document, or do anything else, as necessary to effect the transfer.
(3) Subsections (4) to (6) apply to the transfer of Whenuakite Station under 10
subsection (2).
(4) Section 42 of the Land Act 1948 does not apply in relation to any record of title for a fee simple estate in Whenuakite Station.
(5) The permission of the Thames–Coromandel District Council under section 348
of the Local Government Act 1974 is not required for laying out, forming, 15
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.
(6) 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, that
transfer. 20
Subpart 2—Vesting of certain Crown owned minerals and related matters
Application and interpretation | ||
(1) | This subpart applies to— | |
(a) the land vested in the trustees by subparts 1 and 2 of Part 2; and | ||
(b) the land transferred to the trustees under section 138; and | 25 | |
(c) the land vested in the descendants by subpart 3 of Part 2. | ||
(2) | In this subpart, unless the context otherwise requires,— | |
actual amount means the amount payable in respect of vested minerals in accordance with sections 152 and 156 | ||
chief executive has the meaning given in section 2(1) of the Crown Minerals | 30 | |
Act 1991 | ||
Crown owned mineral has the meaning given in section 2(1) of the Crown | ||
Minerals Act 1991 | ||
existing privilege has the meaning given in section 2(1) of the Crown Minerals | ||
Act 1991 | 35 | |
mineral has the meaning given in section 2(1) of the Crown Minerals Act 1991 |
Part 3 cl 146 Ngāti Hei Claims Settlement Bill
Minister has the meaning given in section 2(1) of the Crown Minerals Act 1991
permit area means—
(a) the area of land over which any prospecting, exploration, or mining permit is granted under the Crown Minerals Act 1991; or 5
(b) the area of land over which an existing privilege exists
privilege, in relation to any mineral,—
(a) means an existing privilege; and
(b) also means a prospecting, exploration, or mining permit granted under
the Crown Minerals Act 1991, and its associated mining operations 10
(within the meaning of section 2(1) of the Crown Minerals Act 1991)
relevant land means land referred to in subsection (1)
representative amount means the amount—
(a) payable in accordance with section 152; and
(b) calculated in accordance with section 153 15
royalties has the meaning given in section 2(1) of the Crown Minerals Act 1991
section 10 minerals means the minerals named in section 10 of the Crown Minerals Act 1991
vested minerals means the minerals referred to in section 147(1) 20
year means the period of 12 months beginning on 1 January and ending on 31 December.
146 Certain existing rights preserved
The following privileges, rights, obligations, functions, and powers (including 25 those preserved by the transitional provisions in Part 2 of the Crown Minerals
Act 1991) continue as if section 147 had not been enacted:
(a) privileges in existence immediately before the property is vested or transferred as referred to in section 147(1):
(b) rights that may be exercised under the Crown Minerals Act 1991 by the 30 holders of those privileges or any other person:
(c) subsequent rights and privileges granted to those holders or any other person following the exercise of the rights referred to in paragraph
(b) (including those provided by section 32 of the Crown Minerals Act 1991): 35
(d) the obligations on those holders or any other person imposed by or under the Crown Minerals Act 1991:
Ngāti Hei Claims Settlement Bill Part 3 cl 149
(e) the Crown’s performance and exercise of its functions and powers under the Crown Minerals Act 1991 in relation to any of the matters referred to in paragraphs (a) to (d).
Certain minerals vested or transferred under this subpart
Vested minerals no longer to be reserved to the Crown | 5 | |
(1) | Despite section 11 of the Crown Minerals Act 1991,— | |
(a) when land referred to in section 145(1)(a) is vested in the trustees, any | ||
Crown owned minerals in that land (other than section 10 minerals) vest | ||
with the land; and | ||
(b) when land referred to in section 145(1)(b) is transferred to the | 10 | |
trustees, any Crown owned minerals in that land (other than section 10 | ||
minerals) transfer with the land; and | ||
(c) when land referred to in section 145(1)(c) is vested in the descend‐ | ||
ants, any Crown owned minerals in that land (other than section 10 | ||
minerals) vest with the land. | 15 | |
(2) | However, if a share in any relevant land is vested in, or transferred to, the | |
trustees, the trustees own a share of any Crown owned minerals (other than | ||
section 10 minerals) in the same proportion as the shares in which they own the | ||
relevant land. | ||
(3) | To avoid doubt, the vesting or transfer of land referred to in section 145(1) | 20 |
is subject to any mineral interests or rights to which, immediately before the | ||
commencement of this subpart, any person other than the Crown was entitled | ||
under the Land Transfer Act 2017 or any other Act, whether or not such | ||
interests or rights are recorded on the record of title for the land. | ||
Application of Crown Minerals Act 1991 | 25 | |
(1) | Nothing in this subpart— | |
(a) limits section 10 of the Crown Minerals Act 1991; or | ||
(b) affects other lawful rights to subsurface minerals. | ||
(2) | Section 49A of the Crown Minerals Act 1991 applies to the land described in section 145(1). | 30 |
Notation of mineral ownership on records of title | ||
(1) | This section applies instead of section 86 of the Crown Minerals Act 1991 to land referred to in section 145(1) at the time of its vesting or transfer. | |
(2) | An instrument lodged in respect of that land must include a request to the | 35 |
Registrar-General to record on any record of title for the land that the land is subject to section 147 of the Ngāti Hei Claims Settlement Act 2022. |
Part 3 cl 150 Ngāti Hei Claims Settlement Bill
(3) The Registrar-General must comply with a request received under subsection (2).
(4) In this section, instrument means—
(a) a written application lodged under section 55(3), (5), or (6), as applic‐ able, in respect of land referred to in section 145(1)(a); or 5
(b) a transfer instrument lodged in respect of land referred to in section 145(1)(b); or
(c) a written application lodged under section 82(1) in respect of Xxxxx‐ xxx (see section 145(1)(c)).
Application provision relating to Xxxxxxxx 00
Application of sections 151 to 160 to Ruamāhua | ||
(1) | Sections 151 to 160 do not apply to all or any part of Ruamāhua that remains a reserve. | |
(2) | However, if the reservation of Ruamāhua as a reserve is revoked in relation to | |
all or part of the property, references to the trustees in those sections must be | 15 | |
read as including, in relation to all or that part of Ruamāhua, references to the | ||
registered owner of that land. |
Amounts payable in respect of vested minerals
Purpose and scope of arrangement for payments | ||
(1) | The purpose of sections 152 to 156 is to provide that the rights to vested minerals include the payment by the Crown, in relation to the vested minerals, | 20 |
of— | ||
(a) the representative amount; or | ||
(b) if section 156(2) applies, the actual amount. | ||
(2) | Payments made under subsection (1) must be made to the trustees. | 25 |
(3) | The representative amount or the actual amount payable is based on the amount | |
of royalties paid to the Crown in the preceding year or years for which an application is made under section 157 in respect of the vested minerals. | ||
(4) | Payment of the representative amount or the actual amount, as appropriate, | |
discharges the obligations of the Crown under this subpart in respect of any | 30 | |
royalties paid to the Crown in respect of the vested minerals. | ||
Obligation to pay representative or actual amount | ||
(1) | The chief executive, on receiving an application under section 157, must pay the representative amount or the actual amount, as appropriate, in respect of | |
vested minerals to the trustees. | 35 |
Ngāti Hei Claims Settlement Bill Part 3 cl 154
(2) Subsection (1) applies even if the trustees have sold all or any of the relevant land or vested minerals, and the chief executive is not required to transfer payments to, or otherwise deal with, any new owner of the vested minerals.
(3) The requirement to pay the representative amount or the actual amount applies— 5
(a) only if the Crown has been paid royalties in respect of the vested min‐ erals in the year or years preceding the year in which an application is made under section 157; and
(b) only in respect of a period of not more than 8 years after the date on which those royalties were received by the Crown. 10
(4) This section is subject to section 155 (shared ownership of land), section
157 (application for payment of representative amount), and section 159
(other conditions applying to payments).
153 Calculation of representative amount 15
The representative amount payable under section 152 is calculated using the following formula:
$r × (a ÷ pa)
where—
a | is the area of relevant land within or overlapping the permit area | 20 |
pa | is the total permit area of a privilege that is within or overlaps the | |
relevant land | ||
$r | is the total amount of royalties paid to the Crown in respect of the vested minerals, for the years applied for under section 157, in respect of a privilege whose permit area is within or overlaps the relevant land. | 25 |
Example
If—
• a is 4 sq kms; and
• pa is 20 sq kms; and
• $r is $1,500; then 30
$1,500 × (4 ÷ 20) = $300.
154 Calculation of representative amount if more than 1 permit area
If more than 1 permit area is within or overlaps the relevant land,—
(a) the representative amounts must be separately calculated for each permit
area in accordance with section 153; and 35
Part 3 cl 155 Ngāti Hei Claims Settlement Bill
(b) the total representative amount payable to the trustees in respect of the vested minerals for the permit areas is the sum of the separate amounts calculated under paragraph (a).
155 Calculation of representative amount if relevant land held in shares
If the relevant land is held in shares, the representative amount payable to 5 the trustees in respect of the vested minerals is calculated using the following formula:
$r × (a ÷ pa) × %
where—
a, pa, and $r have the meanings given to those terms in section 153 10
% is the percentage of the vested minerals owned in each share at the time the relevant land is vested in or transferred to the trustees.
Example
If—
• a is 4 sq kms; and | 15 | |
• pa is 20 sq kms; and | ||
• $r is $1,500; and | ||
• the vested minerals are owned in 20% shares; then | ||
$1,500 × (4 ÷ 20) × 20% = $60. | ||
When actual amount may be paid | 20 | |
(1) | When an application is received under section 157, the Minister must deter‐ mine whether the information is sufficient to identify the actual amount paid to | |
the Crown as royalties in respect of vested minerals in the year or years applied | ||
for. | ||
(2) | If the Minister is satisfied that there is sufficient information to determine the actual amount referred to in subsection (1), the Minister may pay to the trustees the actual amount to which the application relates in respect of those | 25 |
vested minerals instead of the representative amount that would otherwise be | ||
payable. | ||
(3) | If there is not sufficient information to enable the Minister to make a determin‐ ation under subsection (1), the chief executive must determine the represen‐ tative amount payable in accordance with this subpart. | 30 |
(4) | If the relevant land is owned in shares, any payment of the actual amount in | |
respect of the vested minerals must be made in the same proportion as the | ||
proportion of the shares held in the relevant land at the time the land is vested | 35 | |
in or transferred to the trustees. |
Ngāti Hei Claims Settlement Bill Part 3 cl 158
Application for payment of representative amount
Application requirements | ||
(1) | The trustees (but no other person or body) may apply for payment of the | |
representative amount. | ||
(2) | Applications must be made— | 5 |
(a) in writing to the chief executive; and | ||
(b) not more than once a year; and | ||
(c) not later than 31 March in respect of the preceding year or years applied | ||
for. | ||
Example relating to paragraph (c) | 10 | |
The trustees may apply,— | ||
• by 31 March 2023 for a payment relating to the year 2022: | ||
• by 31 March 2028 for a payment relating to the years 2022 to 2027. | ||
(3) | An application must not relate to any year earlier than 8 years before the date | |
of the application. | 15 | |
(4) | An application must contain the information necessary to establish— | |
(a) that the relevant land is or was owned by the trustees (for example, a | ||
copy of the record of title for the land); and | ||
(b) the date on which the | ||
erals in the relevant land became the property of the trustees; and | 20 | |
(c) the shares (if any) in which the land is held; and | ||
(d) the year or years to which the application relates; and | ||
(e) the details of the trustees for the purpose of enabling payment to be | ||
made. | ||
(5) | No payment may be made unless an application is made under this section. | 25 |
(6) | The chief executive may request further information from the trustees— | |
(a) to establish the information required under subsection (4): | ||
(b) to enable the Minister to determine whether the actual amount or the | ||
representative amount is to be paid. | ||
Advice to be given to trustees | 30 | |
The chief executive must— | ||
(a) consider the application, including whether the information is sufficient | ||
to enable the Minister to determine the actual amount under section 156; and | ||
(b) advise the trustees in writing of the amount that the trustees are to be | 35 | |
paid. |