Pire Whakataunga Kerēme a Ngāti Paoa
Pire Whakataunga Kerēme a Ngāti Paoa
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 Xxxx xx āta tirotiro, ā, e tūtohu xxx kia whakamanatia. Tēnei ko mātou katoa te tautoko nei i ngā menemana katoa.
Kupu whakataki
Ko Ngāti Paoa tētahi iwi e whai pānga xxx ki ētahi xxxx xxx atu ki Mahurangi, xx xxxx rāwhiti o Tāmaki Makaurau, Pare Hauraki me ngā moutere o Tīkapa Moana, me ētahi wāhi o roto o Waikato. I te tatauranga 2018, xx xxxx 4,800 tāngata xxxx nui. I te tau 2013, i whakamanatia rā te Ngāti Paoa Iwi Trust hei hinonga whakahaere i muri i te whakataunga (PSGE) mā Ngāti Paoa.
I te 20 o Māehe 2021, ka waitohu te Karauna me Ngāti Paoa i tētahi whakaaetanga whakataunga hei whakatau i ngā kerēme hītori Tiriti o Waitangi a Ngāti Paoa. Me whakature rawa ētahi ritenga o roto i te whakaaetanga; ka whakamana xx xxxx nei i ērā. Kei roto i xx xxxx e takoto xxx xxx whakapuakanga me te whakapāha a te Karauna ki a Ngāti Paoa.
Ētahi atu kerēme a Ngāti Paoa
E toru atu ngā kerēme e whai wāhi ai a Ngāti Paoa. Ka pā ērā ki te puretumu kotahi mō ngā pānga riterite me ētahi atu iwi, hapū hoki. He rerekē ngā paenga kua eketia e ētahi atu kerēme:
• E whai xxxx xxx a Ngāti Paoa ki te Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014, e xxxxxx xxx ki xxx pānga takitini ki roto o Tāmaki Makaurau.
• Kei roto rātou i xx Xxxx Hauraki Collective, he kāhui o ngā iwi me ngā hapū 12 e whai pānga xxx ki xx xxxx o Hauraki. I waitohua tētahi whakaaetanga pure‐
215—2
tumu i te tau 2018 hei tātari i ngā pānga takitini i Hauraki, ā, i whakatakotoria ki te Whare xx Xxxx Hauraki Collective Redress Bill i te 19 o Tihema 2022.
• Kei roto hoki a Ngāti Paoa i te Marutūāhu Collective, he mea whakatū hei whirihiri i te puretumu takitini ki roto o Tāmaki Makaurau mō ngā pānga takitini a ngā iwi e 5 o ngā iwi 12 o Hauraki. I te tau 2018, ka retangia e te Karauna me ngā iwi e whā o aua iwi e rima i te Marutūāhu Iwi Collective Redress Deed. Kāore anō a Ngāti Paoa kia xxxx i te whakaaetanga nei.
Tēnei xxxx
Xx whai xx Xxxx Whakataunga Kerēme a Ngāti Paoa ki te whakamana i te puretumu o roto i te Whakaaetanga Whakataunga a Ngāti Paoa e tika xxx kia whakaturetia. Kei te Wāhanga 1 o xx xxxx:
• ko tētahi whakarāpopoto o ngā kōrero hītori
• ko ngā whakapuakanga a te Karauna o xxx wāwāhitanga o te Tiriti o Waitangi me ōna mātāpono; tae atu ki tā te Karauna murunga whenua; te whakamahinga me ngā pānga o ngā ture whenua Māori; ā te Karauna hokonga i tata whenua kore ai a Ngāti Paoa, i xxxxxx kinotia ai tō rātou whanaketanga ā-ōhanga, ā-iwi, ā-ahurea hoki
• ko te whakapāha ki a Ngāti Paoa mō te korenga o te Karauna i tiaki i a rātou ki te rironga tere o te whenua i ngā ngahurutau i muri mai i te waitohutanga o te Tiriti o Waitangi, te rironga o ngā tāngata me te urupatunga a ngā tutūnga puehu, me te whakamanatanga o ngā ture me ngā kaupapa here i riro ai te whenua me te reo Māori.
Kei te Wāhanga 2 ko ngā ritenga puretumu ā-ahurea, tae atu ki te whakahokinga o ētahi wāhi whakahirahira 14 ki te iwi (ko tētahi o ērā i whakahokia ki a rāua ko tētahi atu iwi). Ko ētahi x Xxxx-nui-o-te-pāua me te Kura o Kaiaua. Kei te Wāhanga 3 ko ngā ritenga puretumu ā-tauhoko.
Kāore ētahi puretumu e herea kia whakamanatia ā-turetia
Kāore ētahi puretumu e herea kia whakamanatia ā-turetia, me te aha kāore i te takoto i roto i xx xxxx. Ko ētahi ko ēnei:
• ko te puretumu ā-pūtea, ā-tauhoko hoki, xxx xxxxx he $23.5 miriona
• ko ētahi xxxx takawaenga, xxxx whakatakinga rānei ki ētahi tari kāwanatanga o xx xxxx, o te motu hoki
• ko te utu puretumu ā-ahurea, he $1 miriona, hei tautoko i te whakarauoranga ā-ahurea, me te whakawhitianga o tētahi wāhi whakahirahira
• ko tētahi whakaaetanga whakahoanga tiakanga taiao.
Whakatātaretanga o xx xxxx
Ko tētahi wāhanga o tā mātou whakaaroaro i xx xxxx nei, ko te āta tirohanga o xxxx xxxxxx ki xxx mātāpono o te whakatureturetanga kounga. Kāore ō mātou āwanga‐ wanga i te hanganga o xx xxxx hei whakaara ki te aroaro o te Whare.
Ko ngā menemana e marohitia xxx
X xxx xxx menemana matua o xx xxxx e marohi nei mātou i roto i te pūrongo nei. E rua e rua e xxxxxx xxx ki xxx kerēme a Te Rōpū Whakamana i te Tiriti o Waitangi ka whakatauria e xx xxxx. Ka tūtohutia hoki (engari kāore e whiriwhiria) e mātou ētahi menemana itiiti, menemana hangarau kia riterite ai ki xxx xxxx a ētahi atu iwi o Hauraki.
Wai 365 (kerēme Matakana Island (No 3))
I rongo mātou i ngā kōrero a Maatai Ariki R Kauae Te Toki, māngai mō Hako Hauraki, mō ngā kerēme e toru a Te Rōpū Whakamana i te Tiriti o Waitangi, e noho ai ko ia hei kaikerēme. Tēnei mātou te tūtohu nei kia menemanatia xx xxxx e pā xxx ki tētahi o ngā kerēme: Wai 365, the Matakana Island (No 3) claim.
Kei te rārangi 14(3)(a)(iv) te Wai 365 e noho xxx xxx kerēme hītori, ka whakatauria tokitokitia e xx xxxx. Heoi anō, kei roto hoki tērā i tētahi atu whakaaetanga whaka‐ taunga, te Whakaaetanga Whakataunga a Xxxx Xx Rangi me Ngā Pōtiki, hei kerēme e whakatauria ai tētahi wāhanga ōna. Tēnei mātou te whakapono nei me menemana xx xxxx kia rite ai ki tērā atu whakataunga: hei whakarite kia whakatauria tētahi wāhi anake o Wai 365. Tēnei mātou te tūtohu nei kia whakanukuhia te Wai 365 i te rārangi 14(3)(a) ki te rārangi 14(4), hei reira whakatauria ai tētahi wāhi anake o Wai 365 e xx xxxx.
Xxx 968 (kerēme Korohere Ngāpō Harataunga Lands)
Ko tētahi atu kerēme hītori ka whakatauria e xx xxxx i whakatakotoria ko Wai 968, arā te kerēme a Korohere Ngāpō Harataunga Lands. I kī mai te kaikerēme o Wai 968, a Tākuta Korohere Ngāpō, me unu xxxx kerēme i xx xxxx. Xxx xxxx, me whakatau tokitoki e te whakataunga tiriti a Ngāti Tamaterā.
Xx xxx i a mātou nō Ngāti Paoa me Ngāti Tamaterā a Tākuta Ngāpō. Heoi anō, ka pā te Wai 968 ki te whenua e whai pānga ai ko Ngāti Tamaterā anake, kaua ko Ngāti Paoa. Kei roto i te whakaaetanga whakataunga a Ngāti Tamaterā—kua oti tēnei xx xxxx engari kāore anō kia whakamanatia, kia waitohua rānei—ko Wai 968 hei kerēme kia whakatauria hukihukitia. Ko te kupu tohutohu ki a mātou e whakaae xxx te Ngāti Paoa Iwi Trust me te kaiwhiriwhiri tiriti a Ngāti Tamaterā ki tā Tākuta Ngāpō, arā e tika xxx kia whakatauria tokitokitia te kerēme e te whakataunga tiriti a Ngāti Tamaterā.
Tēnei mātou te tūtohu nei kia unuhia te Wai 968 i te rārangi 14(4)(19).
Te pāmu o Waiheke
Ka whakawhiti xx xxxx nei i tētahi pāmu o runga Waiheke i te Ngāti Paoa Trust Board ki te Ngāti Paoa Iwi Trust. Kua noho tēnei hei take taukumekume i waenga i ngā uri o Ngāti Paoa, me te aha he huhua ngā kēhi ture kua ara, me xxx xxxxx hoki ki te whakatau i te puehu i waenga i ngā rōpū nei. He nui ngā tāpaetanga kōrero mō te kaupapa nei i whiwhi, ā, e xxx xxx kōrero poto e hiahia xxx mātou ki te whakatakoto.
Kāore mātou e tūtohu menemana ki xx xxxx e pā xxx ki xx xxxx o Waiheke. I xx xxxxxxx iho, e whakapono xxx mātou ka nui atu te painga ki ngā uri o Ngāti Paoa i te tukunga o te pāmu ki te PSGE i xx xxxx o ētahi atu rawa e rārangi xxx xxx i roto i xx xxxx.
E xxx xxx i a mātou ngā whakaaro rerekē e puritia kahatia nei e pā xxx ki te rōpū e xxxx xxxx xxx xxx pupuri i xx xxxx nei. Heoi anō, e rua e rua aua tarāhati i whakatūria hei painga mō taua iwi kotahi rā: arā ko ngā uri o Ngāti Paoa. Tēnei mātou xx xxxx akiaki nei i ngā kaitiaki o roto i te kaupapa nei kia kimi ngātahi i te huarahi whakamua, hei painga mō ngā tāngata i kōwhiria ai rātou hei manaaki.
Tāpiritanga
Hātepe komiti
He mea tuku mai xx Xxxx Whakataunga Kerēme a Ngāti Paoa ki te Komiti Whiriwhiri Take Māori o te Pāremata 53 i te 21 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 351. I rongo i ngā tāpaetanga kōrero ā-waha a ngā kaitāpae e 25.
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 Paoa Claims Settlement Bill
Government Bill
As reported from the Māori Affairs Committee
Commentary
Recommendation
The Māori Affairs Committee has examined the Ngāti Paoa Claims Settlement Bill and recommends that it be passed. We recommend all amendments unanimously.
Introduction
Ngāti Paoa are an iwi with areas of interest including Mahurangi, eastern Tāmaki Makaurau, the Hauraki Plains and Gulf islands, and parts of Waikato. In the 2018 census, their population was about 4,800. In 2013, the Ngāti Paoa Iwi Trust was ratified as the post-settlement governance entity (PSGE) for Ngāti Paoa.
On 20 March 2021, the Crown and Ngāti Paoa signed a deed of settlement to settle Ngāti Paoa’s historical Treaty of Waitangi claims. Some provisions in the deed need legislation; this bill would give effect to them. The bill also records the Crown’s acknowledgements and apology to Ngāti Paoa.
Ngāti Paoa’s other claims
Ngāti Paoa are also involved in three other claims. They relate to collective redress for shared interests with other iwi and hapū. The other claims are at various stages:
• Ngāti Paoa are party to the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014, which addresses shared interests in Tāmaki Makaurau.
• They are part of the Pare Hauraki Collective, a group of 12 iwi and hapū with interests in the Hauraki region. A redress deed was signed in 2018 to address shared interests in the Hauraki region, and the Pare Hauraki Collective Redress Bill was introduced to the House on 19 December 2022.
• Ngāti Paoa are also in the Marutūāhu Collective, which was established to negotiate collective redress in Tāmaki Makaurau for the shared interests of 5 of
215—2
the 12 Hauraki iwi. In 2018, the Crown and four of the five iwi initialled the Marutūāhu Iwi Collective Redress Deed. Ngāti Paoa are yet to initial the deed.
The current bill
The Ngāti Paoa Claims Settlement Bill seeks to give effect to the redress in the Ngāti Paoa Deed of Settlement that needs legislation. Part 1 of the bill records:
• a summary of the historical account
• the Crown’s acknowledgements of its breaches of te Tiriti o Waitangi/the Treaty of Waitangi and its principles, including Crown confiscation of land, the operation and effects of the native land laws, and Crown purchasing that left Ngāti Paoa virtually landless and undermined their economic, social, and cultural development
• the apology to Ngāti Paoa for the Crown’s failure to protect them from the rapid alienation of land in the decades following the signing of te Tiriti o Waitangi/the Treaty of Waitangi, the loss of life and devastation caused by hostilities, and the enactment of laws and policies that have led to the loss of whenua and te reo Māori.
Part 2 contains the cultural redress provisions, including the return of 14 properties of significance to the iwi (in the case of one property, jointly with other iwi). These include Xxxx-nui-o-te-pāua and Kaiaua School. Part 3 contains the commercial redress provisions.
Some redress does not need legislation
Some elements of the deed of settlement do not require legislation and are therefore not in the bill. They include:
• financial and commercial redress totalling $23.5 million
• letters of facilitation or introduction to certain local authorities and central government agencies
• a cultural redress payment of $1 million towards cultural revitalisation and the transfer of a property of cultural significance
• a conservation relationship agreement.
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.
Proposed amendments
This commentary covers the two main amendments we recommend to the bill. Both relate to Waitangi Tribunal claims that would be settled by the bill. We also recom‐ mend (but do not discuss) some minor, technical amendments to ensure consistency with other Hauraki iwi bills.
Wai 365 (Matakana Island (No 3) claim)
We heard from Maatai Ariki R Kauae Te Toki, on behalf of Xxxx Xxxxxxx, about three Waitangi Tribunal claims for which he is the named claimant. We recommend amending the bill in relation to one of the claims: Wai 365, the Matakana Island (No 3) claim.
Wai 365 is listed in clause 14(3)(a)(iv) as a historical claim that would be settled in full by the bill. However, it is also listed in another settlement deed, the Xxxx Xx Rangi and Ngā Pōtiki Deed of Settlement, as a claim to be settled in part. We believe the bill should be amended to match the other settlement: to provide that it would xxxxxx Xxx 365 only in part. We recommend moving Wai 365 from clause 14(3)(a) to clause 14(4), to provide that Wai 365 is only partially settled by the bill.
Wai 968 (Korohere Ngapo Harataunga Lands claim)
Another historical claim that would be settled by the bill as introduced is Wai 968, the Korohere Ngapo Harataunga Lands claim. Dr Xxxxxxxx Xxxxx, the Wai 968 claimant, told us that his claim should be removed from the bill. He said it should be settled in full by the Ngāti Tamaterā treaty settlement.
We note that Dr Xxxxx belongs to both Ngāti Paoa and Ngāti Tamaterā. However, Wai 968 is about land that is of interest only to Ngāti Tamaterā, not Ngāti Paoa. The Ngāti Tamaterā deed of settlement—which has been initialled but not yet ratified or signed—includes Wai 968 as a claim to be settled in part. We are advised that the Ngāti Paoa Iwi Trust and the Ngāti Tamaterā treaty negotiator agree with Dr Xxxxx that it would be appropriate for the claim to be settled in full by the Ngāti Tamaterā treaty settlement.
We recommend removing Wai 968 from clause 14(4)(19).
Waiheke farm
The bill would transfer a farm on Waiheke from the Ngāti Paoa Trust Board to the Ngāti Paoa Iwi Trust. This has been a point of contention among Ngāti Paoa descendants, resulting in various legal challenges and attempts at mediation between the two entities. We received a large number of submissions about this topic, and wish to make two brief comments.
We do not propose any changes to the bill in relation to the Waiheke farm. On balance, we believe that the interests of Ngāti Paoa descendants are best served by the farm being vested in the PSGE alongside the other assets listed in the bill.
We acknowledge the different, strongly held views about which entity is best placed to hold this asset. However, both trusts are set up for the benefit of the same people: the descendants of Ngāti Paoa. We strongly encourage the trustees involved to find a path forward, together, for the benefit of the people they are elected to serve.
Appendix
Committee process
The Ngāti Paoa Claims Settlement Bill was referred to the Māori Affairs Committee of the 53rd Parliament on 21 June 2023. The committee called for submissions on the bill with a closing date of 2 August 2023. It received and considered submissions from 351 interested groups and individuals. It heard oral evidence from 25 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.
Key to symbols used in reprinted bill
As reported from a select committee
text inserted unanimously text deleted unanimously
Hon Xxxx Xxxxxxxxx
Ngāti Paoa 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 10
8 Summary of historical account 10
11 Interpretation of Act generally 21
14 Meaning of historical claims 24
Historical claims settled and jurisdiction of courts, etc, removed
15 Settlement of historical claims final 27
Amendment to Treaty of Waitangi Act 1975
16 Amendment to Treaty of Waitangi Act 1975 28
Resumptive memorials no longer to apply
17 Certain enactments do not apply 28
18 Resumptive memorials to be cancelled 28
19 Limit on duration of trust does not apply 29
20 Access to deed of settlement 29
21 Provisions that have same effect 30
Subpart 1—Vesting of cultural redress properties
Properties vested in fee simple
Properties vested in fee simple to be administered as reserves
27 Council improvements attached to Omaru 33
29 Application of motu plan to Paoa Ururoa 34
30 Right of entry onto Paoa Ururoa by the Crown 34
32 Application of motu plan to Paoa Ururua 35
33 Right of entry onto Paoa Ururua by the Crown 35
37 Tauwhare Koiora site A and Tauwhare Koiora site B 37
39 Future interests relating to Te Iwi Xxxxxxxx reserve land 38
40 Administration of Te Iwi Rahirahi reserve land 39
42 Council improvements attached to Te Waero Awe Houkura 41
43 Interests relating to Te Waero Awe Houkura reserve land 41
44 Administration of Te Waero Awe Houkura reserve land 42
General provisions applying to vesting of cultural redress properties
45 Properties vest subject to or together with interests 43
46 Interests in Papakura Pā 43
47 Interests in land for certain properties 44
48 Interests that are not interests in land 44
49 Registration of ownership 45
50 Application of Part 4A of Conservation Act 1987 46
51 Matters to be recorded on record of title 47
52 Effect of change of status of certain reserve properties 47
53 Application of other enactments 49
54 Names of Crown protected areas discontinued 49
Access to land under Crown Minerals Act 1991
55 Certain land to be treated as if included in Schedule 4 of Crown 49
56 When land may be treated as no longer included in Schedule 4 of 50
Further provisions applying to reserve properties
57 Application of other enactments to reserve properties 50
58 Joint management body for Tauwhare Koiora reserves 52
59 Application of Reserves Act 1977 to joint management body 52
60 Subsequent transfer of reserve land 53
61 Transfer of reserve land to new administering body 54
62 Transfer of reserve land if trustees change 54
63 Reserve land not to be mortgaged 55
64 Saving of bylaws, etc, in relation to reserve properties 55
65 Right to construct pou whenua on certain reserves 55
Consequential amendments to Hauraki Gulf Marine Park Act 2000
66 Amendments to Hauraki Gulf Marine Park Act 2000 55
Property vested in fee simple to be administered as reserve
00 Xxxxxxxx xxxxx in descendants 56
70 Application of Te Ture Whenua Maori Act 1993 57
71 Requirements before revocation of reservation 57
72 Notices to be given to Māori Land Court 58
73 The Crown’s rights and obligations 59
74 Application of Reserves Act 1977 and Fire and Emergency New 59
75 Interests that are not interests in land 59
76 Application of Part 4A of Conservation Act 1987 60
77 Matters to be recorded on record of title 60
78 Application of other enactments to Xxxxxxxx 00
79 Reserve land not to be mortgaged 61
81 Name change for Xxxxxxxx 00
Subpart 3—Vesting and vesting back of properties
83 Notice appointing delayed vesting date for Pūkorokoro / Miranda 62
Taramaire Government Purpose Reserve Wildlife Management Area
84 Delayed vesting and vesting back of Pūkorokoro / Miranda 63
Taramaire Government Purpose Reserve Wildlife Management Area
85 Notice of delayed vesting date for Te Haupa Island Scenic Reserve 63
86 Delayed vesting and vesting back of Te Haupa Island Scenic 64
Subpart 4—Overlay classification
88 Declaration of overlay classification and the Crown’s 65
89 Purposes of overlay classification 65
90 Effect of protection principles 65
91 Obligations on New Zealand Conservation Authority and 65
92 Noting of overlay classification in strategies and plans 66
93 Notification in Gazette 66
94 Actions by Director-General 67
95 Amendment to strategies or plans 67
98 Effect of overlay classification on overlay areas 68
99 Termination of overlay classification 68
100 Exercise of powers and performance of functions and duties 69
Subpart 5—Statutory acknowledgement
103 Statutory acknowledgement by the Crown 70
104 Purposes of statutory acknowledgement 70
105 Relevant consent authorities to have regard to statutory 70
106 Environment Court to have regard to statutory acknowledgement 70
107 Heritage New Zealand Pouhere Taonga and Environment Court to 71
have regard to statutory acknowledgement
108 Recording statutory acknowledgement on statutory plans 71
109 Provision of summary or notice to trustees 72
110 Use of statutory acknowledgement 72
111 Exercise of powers and performance of functions and duties 73
Consequential amendment to Resource Management Act 1991
113 Amendment to Resource Management Act 1991 73
General provisions applying to protocols
115 Issuing, amending, and cancelling protocols 74
116 Protocols subject to rights, functions, and duties 74
117 Enforcement of protocols 75
118 Primary industries protocol 75
Subpart 7—Name changes for Crown protected areas
120 Name changes for Crown protected areas 76
Subpart 1—Transfer of commercial and deferred selection properties
122 The Crown may transfer properties 77
123 Records of title for commercial and deferred selection properties 78
124 Authorised person may grant covenant for later creation of record 78
125 Application of other enactments 78
126 Transfer of deferred selection properties subject to lease 79
127 Requirements if lease terminates or expires 79
Subpart 2—Vesting of certain Crown owned minerals and related matters
128 Application and interpretation 80
129 Certain existing rights preserved 81
Certain minerals vested or transferred under this subpart
130 Vested minerals no longer to be reserved to the Crown 82
131 Application of Crown Minerals Act 1991 83
132 Notation of mineral ownership on records of title (other than for 83
properties referred to in sections 133 and 134)
133 Notation of mineral ownership on records of title for early release 83
commercial properties and Pouarua Farm property
134 Notation of mineral ownership on record of title for Xxxxxxxx 00
Application provision relating to Ruamāhua
135 Application of sections 136 to 145 to Xxxxxxxx 00
Amounts payable in respect of vested minerals
136 Purpose and scope of arrangement for payments 84
137 Obligation to pay representative or actual amount 84
138 Calculation of representative amount 85
139 Calculation of representative amount if more than 1 permit area 85
140 Calculation of representative amount if relevant land held in shares 86
141 When actual amount may be paid 86
Application for payment of representative amount
142 Application requirements 87
143 Advice to be given to applicant 87
144 Other conditions applying to payments 88
Status of certain information
145 Confidentiality of information disclosed or received 88
Part 4
Provisions for governance reorganisation and transitional taxation arrangements
146 Interpretation 88
Subpart 1—Governance reorganisation
Dissolution of Waiheke Station Trust
147 Dissolution of Waiheke Station Trust 89
148 Vesting of assets and liabilities of responsible trustees 90
General matters relating to reorganisation
149 Matters not affected by transfer 90
150 Status of existing instruments 90
151 Status of existing securities 91
152 Continuation of proceedings 91
153 Books and documents to remain evidence 91
154 Registration of documents 91
Employees
155 Transfer of employees 92
156 Protection of terms and conditions of employment 92
157 Continuity of employment 92
158 No compensation for technical redundancy 93
159 Liability of employers and agents 93
Final report of Waiheke Station Trust
160 Final report 93
Subpart 2—Transitional taxation provisions
161 Application and interpretation 93
162 Taxation in respect of transfer of assets and liabilities of Waiheke 94
Station Trust
163 Election of trustees of Ngāti Paoa Iwi Trust to become Māori 95
authority
Part 5
Repeal, amendments, and savings
Repeal
164 Point England Development Enabling Act 2017 repealed 95
Consequential amendments
165 Amendment to Reserves and Other Lands Disposal Act 1970 95
166 Amendments to Crown Minerals Act 1991 96
167 Amendments to Wildlife Sanctuary (Aldermen Islands) Order 1965 96
Savings relating to Xxxx-nui-o-te-paua
168 Savings 96
Schedule 1
Cultural redress properties and Ruamāhua
Schedule 2 Overlay areas
Schedule 3 Statutory areas
98
101
102
The Parliament of New Zealand enacts as follows:
This Act is the Ngāti Paoa 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 the acknowledgements and apology given by the Crown to Ngāti Paoa in the deed of settlement; and | ||
(b) to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Paoa. | 10 | |
Provisions to take effect on settlement date | ||
(1) | The provisions of this Act take effect on the settlement date unless stated otherwise. | |
(2) | Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for— | 15 |
(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. | ||
Act binds the Crown | ||
This Act binds the Crown. | 20 | |
Outline | ||
(1) | This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement. | |
(2) | This Part— | 25 |
(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 | ||
(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 Paoa, as recorded in the deed of settlement; and | 30 | |
(e) defines terms used in this Act, including key terms such as Ngāti Paoa and historical claims; and | ||
(f) provides that the settlement of the historical claims is final; and | 35 |
(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 historical claims; and
(ii) a consequential amendment to the Treaty of Waitangi Act 1975; 5 and
(iii) the effect of the settlement on certain memorials; and
(iv) the exclusion of the limit on the duration of a trust; and
(v) access to the deed of settlement.
(3) Part 2 provides for cultural redress, including— 10
(a) cultural redress requiring vesting in the trustees of the fee simple estate in cultural redress properties; and
(b) the vesting of Ruamāhua in the descendants; and
(c) the vesting of 2 properties in the trustees and the subsequent vesting
back of the properties in the Crown; and 15
(d) cultural redress that does not involve the vesting of land, namely,—
(i) an overlay classification applying to certain areas of land; and
(ii) a statutory acknowledgement by the Crown of the statements made by Ngāti Paoa of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of 20
that acknowledgement; and
(iii) protocols for primary industries and taonga tūturu on the terms set out in the documents schedule; and
(iv) name changes for certain Crown protected areas; and
(v) a right to construct pou whenua on certain reserves. 25
(4) Part 3 provides for commercial redress, including,—
(a) in subpart 1, the transfer of commercial and deferred selection proper‐ ties; and
(b) in subpart 2, the vesting of certain Crown owned minerals and related matters. 30
(5) Part 4 provides for—
(a) the reorganisation of Ngāti Paoa governance arrangements in relation to the Waiheke Station Trust; and
(b) transitional taxation provisions that relate to the reorganisation.
(6) Part 5 sets out a repeal, amendments to other legislation that are required as 35
a consequence of certain settlement arrangements provided for in this Act, and savings in relation to 1 property.
(7) There are 3 schedules, as follows:
(a) Schedule 1 describes the cultural redress properties and Ruamāhua:
(b) Schedule 2 describes the overlay areas to which the overlay classifica‐ tion applies:
(c) Schedule 3 describes the statutory areas to which the statutory acknow‐ ledgement relates. 5
Summary of historical account, acknowledgements, and apology of the Crown
Summary of historical account, acknowledgements, and apology | ||
(1) | Section 8 summarises the historical account in the deed of settlement, setting out the basis for the acknowledgements and apology. | |
(2) | Sections 9 and 10 record the text of the acknowledgements and apology given by the Crown to Ngāti Paoa in the deed of settlement. | 10 |
(3) | The acknowledgements and apology are to be read together with the historical | |
account recorded in part 3 of the deed of settlement. | ||
Summary of historical account | ||
(1) | In 1840, a number of rangatira of Ngāti Paoa signed te Tiriti o Waitangi/the | 15 |
Treaty of Waitangi in Tāmaki and the Coromandel. After Auckland was estab‐ | ||
lished as the capital in 1841, Ngāti Paoa supplied the settlement with produce. | ||
(2) | In 1841, the Crown purchased 6,000 acres at Kohimarama and 220,000 acres | |
at Mahurangi and Omaha from Ngāti Paoa and other iwi. No reserves were | ||
made in these lands. In the 1840s and 1850s, the Crown retained approxi‐ | 20 | |
mately 90,000 acres of land in which Ngāti Paoa had interests as surplus from | ||
pre-Treaty transactions and pre-emption waiver transactions. This included | ||
approximately 78,000 acres in south Tāmaki which had been purchased by a | ||
missionary in 1836 and 1837. | ||
(3) | In July 1863, the Crown invaded the Waikato when its forces crossed the | 25 |
Mangatāwhiri. Some Ngāti Paoa rangatira expressed their loyalty to the Crown. | ||
Other Ngāti Paoa resisted the occupation of their lands. In October 1863, HMS | ||
Miranda shelled the Ngāti Paoa village Pūkorokoro, and in December a Crown | ||
militia made a surprise attack on a group of 40 to 50 Māori, including some | ||
Ngāti Paoa, near Paparata in East Wairoa. | 30 | |
(4) | The Crown proclaimed confiscation blocks in Waikato and Pokeno in Decem‐ | |
ber 1864, and in East Wairoa in January 1865. Ngāti Paoa had interests in the | ||
51,000-acre East Wairoa confiscation block and in the Central Waikato confis‐ | ||
cation district, which included Maramarua and Pūkorokoro. The confiscated | ||
lands included Kohukohunui and Rataroa, Ngāti Paoa’s sacred maunga. No | 35 | |
land was returned to Ngāti Paoa in the East Wairoa confiscation block. | ||
(5) | Between April and June 1864, the Crown conducted military operations against | |
Māori in Tauranga Moana. After the conflict ended, the Crown proclaimed a | ||
confiscation district of 214,000 acres, and in 1868 a further 76,000 acres were |
added to this district. Ngāti Paoa had interests in lands that were included in the confiscation district.
(6) In 1865, the Crown promoted legislation that introduced the native land laws, under which title to much Māori land was individualised. The individualisation
of title made Ngāti Paoa lands more susceptible to alienation. Much of Ngāti 5 Paoa land on Waiheke and on the Wharekawa Coast was sold to private pur‐ chasers in the late nineteenth and early twentieth centuries. Crown purchasing activity from the 1870s also led to the alienation of a lot of Ngāti Paoa land, including 45,000 acres at Piako.
(7) Over the course of the twentieth century, almost all of Ngāti Paoa’s remaining 10 land was alienated to private purchasers and the Crown. Some land was taken under the Public Works Act 1981. These public works takings sometimes resulted in the destruction of pā and wāhi tapu. In 1908, the Crown authorised a project to drain and develop the Hauraki wetlands. Over the following decades,
the Crown altered the waterways, drained the wetlands, and changed the cour‐ 15 ses of the Waihou and Piako rivers.
(8) By the end of the twentieth century, only 27% of Ngāti Paoa spoke te reo Māori. The decline of Ngāti Paoa tribal structures and the loss of te reo Māori contributed to a loss of Ngāti Paoa mātauranga Māori. In the twentieth
and twenty-first centuries, Ngāti Paoa, like other Hauraki Māori, generally 20 experienced poorer health, including lower life expectancy and higher infant mortality, than Pākehā. Ngāti Paoa also experienced higher unemployment than
the general population, and a lower median annual income.
Te Rāpopototanga o ngā Kōrero Hītori e pā xxx ki xxx kerēme a Ngāti
Paoa 25
(1) I te tau 1840, i hainatia te Tiriti o Waitangi e ētehi o ngā rangatira o Ngāti Paoa i Tāmaki me Te Paeroa-o-Toi. He pānga tauhokohoko a Ngāti Paoa ki ngā iwi Pākehā i Tamaki i mua i te hainatanga o te Tiriti o Waitangi, ā, i muri hoki i te whakatūnga o Tāmaki Makaurau hei tāone matua i te tau 1841, ka
whakaratohia e Ngāti Paoa he hua kai. 30
(2) I te tau 1841, xx xxxx te Karauna i te 6,000 eka i Kohimarama me te 220,000 eka i Mahurangi me Ōmaha, mai i a Ngāti Paoa me ētehi atu iwi. Kīhai ēnei whenua i wāwāhi hei whenua rāhui. I ngā tau o 1840 ki te 1850, i pupuri tonu te Karauna i tata ki te 90,000 eka o te whenua i whaipānga ai a Ngāti Paoa hei
whenua tuwhene mai i ngā tauwhitinga i mua i te hainatanga o te Tiriti me ngā 35
tauwhitinga whakawātea i te rāhui hoko. Ko te whenua hoki, tata ki te 78,000 eka i Tāmaki ki te tōnga kua hokona e tētahi mihinare i ngā tau 1836 me te 1837.
(3) I te marama o Hūrae 1863, ka urutomo te Karauna ki roto o Waikato, te whakawhitinga o xxx hōia ki Mangatāwhiri. I whakapuaki ētehi rangatira o 40
Ngāti Paoa ō rātou whakapono ki te Karauna. I ātete ētehi atu o Ngāti Paoa i te nohoanga o ō rātou whenua. I te marama o Oketopa 1863, ka pahū tō Ngāti
Paoa kāinga a Pūkorokoro, e HMS Miranda, ā, i te marama o Tīhema ka tukipoto ngā miriha o te Karauna ki tētehi rōpū tāngata Māori 40 ki te 50, ko ētehi nō Ngāti Paoa, tata atu ki te takiwā o Paparata ki te Rāwhiti o Wairoa. | ||
(4) | I te marama o Tīhema 1864, ka pānuitia e te Karauna he poraka raupatu i Waikato me Pōkeno, ki te Rāwhiti o Wairoa i te marama o Hānuere 1865. I whaipānga a Ngāti Paoa ki te poraka raupatu i te rāwhiti o Wairoa, 51,000 eka te rahi, me xx xxxx raupatu i te pōkapu o Waikato kei roto hoki a Maramarua me Pūkorokoro. Kei ēnei whenua raupatu a Kohukohunui me Rātāroa, ngā maunga tapu o Ngāti Paoa. Kore rawa i whakahoki mai ki a Ngāti Paoa he whenua i te poraka raupatu o te Rāwhiti o Wairoa. | 5 10 |
(5) | I te marama o Āperira ki te xxxxxx x Xxxx 1864, ka pakanga te Karauna ki a ngāi Māori i Tauranga Moana. Ka mutu xxx xxx te pakanga, ka pānuitia e te Karauna he xxxx raupatu 214,000 eka te rahi, ā, i te tau 1868 i tāpirihia anō e 76,000 eka ki tēnei xxxx. He whaipānga a Ngāti Paoa ki ngā whenua i whakauruhia ki xx xxxx raupatu. | 15 |
(6) | I te tau 1865, i kōkiritia e te Karauna he ture ka whakamana i ngā Ture Whenua Māori, e whakatakitahingia ai te taitara ki te nuinga o ngā whenua Māori. Nā te whakatakitahi o ngā taitara ka whakarere rawa xxx xxx whenua o Ngāti Paoa. I xx xxxxxxx o te rautau tekau mā iwa ki te tīmatanga o te rautau rua tekau, he nui ngā whenua o Ngāti Paoa i hokona atu i Waiheke me te Takutai moana o | 20 |
Wharekawa. Nā ngā mahi hoko whenua a te Karauna mai i ngā tau 1870, ka whakarere xxxx xxx whenua o Ngāti Xxxx, xx tapiri ai te 45,000 eka i Piako. | ||
(7) | I te roanga atu o te rautau rua tekau i hokona atu tata ki xx xxxxx o xxx whenua e toe xxx ki a Ngāti Paoa ki ngā kaihoko tauiwi, ki ngā kaunihera ā-xxxx me te Karauna. I riro ētehi whenua i raro i te Ture Mahi Tūmatanui. I ētahi wā ko te | 25 |
mutunga iho o aua rironga i raro i te Ture Mahi Tūmatanui ko te urupatunga o ngā pā me xxx xxxx tapu. I te tau 1908, ka whakamanaia e te Karauna he kaupapa kia whakamimiti me te whakapai ake i ngā repo o Hauraki. I roto i ngā ngahuru tau i whai xxx xx whakarerekē te Karauna i te takoto o ngā hōpua wai, ka whakamimiti i ngā repo, ā, ka whakapeka i te rere o ngā awa o Waihou me | 30 | |
Piako. | ||
(8) | I xx xxxxxxx o te rautau xxx xxxxx, x 00 ōrau noa iho o Ngāti Paoa i kōrero i te reo Māori. Nā te memehatanga iho o te reo Māori, i ngaro ai te mātauranga Māori o Ngāti Paoa. I ngā rautau rua tekau me te rua tekau mā tahi, ka pā mai te raruraru ki a Ngāti Paoa, whērā ki ngā Māori o Hauraki, ka pā mai te hauora | 35 |
kore, ka whakaheke te ora me te nui ake o xxx xxxxxxx kōhungahunga o te Māori, i te Pākehā. He maha kē atu te kore mahi a Ngāti Paoa i tō te iwi whānui me te whakahekenga iho o te moni whiwhi tauwaenga ia te tau. | ||
Acknowledgements | ||
(1) | The Crown acknowledges that— | 40 |
(a) until now it has failed to deal with the long-standing grievances of Ngāti Paoa, and that recognition of and redress for these grievances is long overdue; and
(b) Ngāti Xxxx xxxxxxxxx sought to establish a relationship with the Crown in 1840 by signing te Tiriti o Waitangi/the Treaty of Waitangi; and 5
(c) the Crown did not always honour its part in that relationship.
(2) The Crown acknowledges that the lands Ngāti Paoa provided for settlement purposes contributed to the establishment of the settler economy and the devel‐ opment of New Zealand.
(3) The Crown acknowledges that— 10
(a) it took 78,000 acres of land in the Tāmaki block it considered surplus to those claimed by a settler as a result of a pre-Treaty transaction including land in which Ngāti Paoa had interests; and
(b) a large portion of the “surplus lands” in the Tāmaki block were lands
that the settler who made the transaction agreed would return to Māori 15
ownership, and this has long been a source of grievance for Ngāti Paoa; and
(c) it never compensated Ngāti Paoa for their interests in the “surplus lands” in the Tāmaki block as it did several other iwi involved in this transac‐
tion; and 20
(d) it did not provide reserves for Ngāti Paoa or other Marutūāhu iwi within the bounds of the Tāmaki purchase; and
(e) it failed to require the Tāmaki block to be properly surveyed and to require an assessment of the adequacy of lands that Māori held before acquiring the “surplus” in Tāmaki Makaurau, and thereby breached te 25
Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(4) The Crown acknowledges that—
(a) it took 17,000 acres of land in the Te Weiti and Takapuna blocks it considered surplus to those claimed by settlers as the result of pre-Treaty transactions including land in which Ngāti Paoa had interests; and 30
(b) it failed to require an assessment of the adequacy of lands that Māori held before acquiring the “surplus” in Takapuna and Te Weiti, and thereby breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(5) The Crown acknowledges that when it purchased an extensive area at Mahur‐ 35
xxxx and Omaha in 1841, including 200,000 acres between Te Arai and Maungauika, it failed to ensure adequate reserves would be protected in the ownership of Ngāti Paoa, and this was in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(6) The Crown acknowledges that— 40
(a) it took Ngāti Paoa lands, including lands at Waiheke, as surplus from disallowed pre-emption waiver claims and that its policy of taking sur‐ plus land has long been a source of grievance to Ngāti Paoa; and
(b) it failed to correctly apply all the regulations that were designed to protect Māori and that governed pre-emption waiver transactions; and 5
(c) it did not always protect Māori interests during investigations into these transactions; and
(d) its policy of taking surplus land from pre-emption waiver purchases breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles when it failed to require any assessment of whether Ngāti Paoa retained 10
adequate lands for their needs. The Crown also acknowledges that this failure was compounded by flaws in the way the Crown implemented the policy in further breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(7) The Crown acknowledges that by failing to set aside one-tenth of the lands 15
transacted during the pre-emption waiver period for public purposes, especially the establishment of schools and hospitals for the future benefit of Māori including Ngāti Paoa, it breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(8) The Crown acknowledges that— 20
(a) its representatives and advisers acted unjustly and in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles in sending its forces across the Mangatāwhiri in July 1863, invading and occupying land in which Ngāti Paoa had interests; and
(b) it intimidated Ngāti Paoa by using heavily armed gunboats to blockade 25
Hauraki Gulf/Tikapa Xxxxx, and destroying waka; and
(c) it caused the deaths of Ngāti Paoa individuals when its forces—
(i) shelled an unfortified village at Pūkorokoro in November 1863; and
(ii) attacked a number of Ngāti Paoa without warning in December 30
1863; and
(d) the Crown further acknowledges that the suffering caused by its actions was compounded by the renaming of Pūkorokoro after the warship that shelled its inhabitants.
(9) The Crown acknowledges that the confiscation of land in which Ngāti 35
Paoa had interests, including land in Waikato and East Wairoa, extinguished native title and alienated sacred sites including the maunga Kohukohunui and Rātāroa, as well as traditional resource-gathering sites, and was unjust and a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(10) The Crown acknowledges that it compulsorily and unjustly extinguished Ngāti Paoa’s customary interests in the Tauranga confiscation district and these actions breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(11) The Crown further acknowledges that it breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles when it failed to actively protect Ngāti 5 Paoa interests in lands they wished to retain when it initiated the purchase of
Te Puna and Katikati blocks in 1864 without investigating the rights of Ngāti Paoa.
(12) The Crown acknowledges that—
(a) it broke its promise that those who had not taken up arms in war, 10 including a number of Ngāti Paoa, would not be deprived of their lands through the confiscation; and
(b) it made no provision for the Compensation Court to return land to Māori who were not considered to be in rebellion when the Court heard Ngāti
Paoa claims for compensation in East Wairoa; and 15
(c) it did not return any land in these districts to those members of Ngāti Paoa it did not consider to have been rebels; and
(d) its failure to protect the interests of those members of Ngāti Paoa whom it did not consider to be rebels was a breach of te Tiriti o Waitangi/the
Treaty of Waitangi and its principles. 20
(13) The Crown acknowledges that—
(a) it did not consult Ngāti Paoa about the introduction of the native land laws; and
(b) the resulting individualisation of land tenure was inconsistent with Ngāti
Paoa tikanga; and 25
(c) the operation and impact of the native land laws, in particular the award‐ ing of land to individual owners, made those lands more susceptible to partition, fragmentation, and alienation; this contributed to the erosion of the traditional tribal structures of Ngāti Paoa, which were based on
collective tribal and hapū custodianship of land; and 30
(d) the Crown’s failure to protect the tribal structures of Ngāti Paoa was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(14) The Crown acknowledges that it sought to purchase Ngāti Paoa interests in the Piako blocks before title to the land was determined by the Native Land Court.
(15) The Crown acknowledges that Ngāti Paoa had to sell unreasonable amounts 35
of land to pay for survey costs at Te Hoe o Tainui. The Crown’s failure to protect Ngāti Paoa from this burden breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(16) The Crown acknowledges that valuable mineral resources on lands leased by Ngāti Paoa and others provided economic benefits to the nation. 40
(17) The Crown acknowledges that environmental changes and pollution since the nineteenth century have been a source of distress and grievance for Ngāti Paoa. In particular, the Crown acknowledges that modifications to the course of the Piako River and its tributaries since the 1890s have drained resource-rich
wetlands, destroyed Ngāti Paoa wāhi tapu, and caused significant harm to 5 kaimoana sources relied on by Ngāti Paoa.
(18) The Crown acknowledges the harm endured by many Ngāti Paoa children from decades of Crown policies that strongly discouraged the use of te reo Māori in school. The Crown also acknowledges the detrimental effects on Māori
language proficiency and fluency and the impact on the inter-generational 10 transmission of te reo Māori and knowledge of tikanga Māori practices.
(19) The Crown acknowledges that the health of Ngāti Paoa has been worse than that of many other New Zealanders, and they have not had the same opportun‐ ities in life that many other New Zealanders have enjoyed.
(20) The Crown acknowledges that the cumulative effect of the Crown’s actions and 15 omissions, including confiscation, the operation and impact of the native land laws, and continued Crown purchasing, has left Ngāti Paoa virtually landless
and undermined their economic, social, and cultural development. The Crown’s failure to ensure that they retained sufficient land for their present and future needs was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its 20 principles.
Ngā whakaaetanga a te Karauna ki Ngāti Paoa
(1) E whakaae xxx te Karauna he tika—
(a) xxx xxx ki nāianei kāore anō kia xxxx xxx nawe nui a Ngāti Paoa, ā, kua
roa rawa hoki te tāringa rahirahi a te iwi ki te whakawā me te whakatika 25 i aua nawe; ā
(b) i whai ngā rangatira o Ngāti Paoa ki te whakatū whanaungatanga ki te Karauna i te tau 1840, nā te hainatanga i te Tiriti o Waitangi; ā
(c) kīhai te Karauna i whakatutuki i tōna wāhanga o taua noho whanaunga.
(2) E whakaae xxx te Karauna ko ngā whenua nā Ngāti Paoa i whakarite mai mō 30 ngā mahi whakanoho tangata mai ka noho hei waiū hei oranga nui mō te whakatūranga o te ōhanga o tauiwi i xxx xxxx o Ngāti Paoa me te whanaketanga o Aotearoa.
(3) E whakaae xxx te Karauna—
(a) i tangohia e ia ētehi whenua 78,000 eka te rahi i te poraka o Tāmaki kua 35 kīa e ia i mua he whenua tuwhene ki ērā i taunahatia e tētehi tangata o tauiwi. I kerēme tēnei tangata i tētehi whenua i hokona i mua atu i te Tiriti, ko ētehi o ngā whenua o taua poraka he whenua whai pānga nō Ngāti Paoa; ā
(b) ko tētehi wāhanga nui o ngā “whenua tuwhene” i te poraka o Tāmaki he 40 whenua i whakaaetia e te tangata o tauiwi i noho ki taua poraka tērā tonu
e whakahokia ki te iwi Māori, ā xxxx wā, ā, kua roa rawa tēnei nawe e noho xxx xxx pōuritanga nui mō Ngāti Paoa; ā
(c) kīhai rawa i ea te utu mō ngā pānga o Ngāti Paoa i aua “whenua tuwhene” i te poraka o Tāmaki, whēnā i ētehi atu iwi i uru ki tēnei hoko;
ā 5
(d) kīhai i xxxx xxx xxx whenua rāhui i kōrerotia rā mō Ngāti Paoa mō ētehi atu iwi o Marutūāhu hoki i roto i ngā whaitua o xx xxxx whenua o Tāmaki; ā
(e) kīhai te Karauna i āta whakahau i te rūritanga tika i te poraka o Tāmaki, kāore hoki i poua e ia he tikanga e whakawāngia ai mehemea i nui ngā 10
whenua “tuwhene” i Tāmaki, nā konei i takahia ai te Tiriti o Waitangi me ōna mātāpono.
(4) E whakaae xxx te Karauna—
(a) i tangohia e ia ētehi whenua 17,000 eka te rahi i te poraka o Te Weiti me Takapuna kua kīa e ia he whenua tuwhene ki ērā i taunahatia e ētehi 15
tāngata o tauiwi i muri i ngā hokonga i mua atu i te Tiriti, ko ētehi o ngā whenua o taua poraka he whenua whai pānga nō Ngāti Paoa; ā
(b) kīhai hoki te Karauna i whakahau i te rūritanga tika i te poraka o Takapuna me Te Weiti, kīhai hoki i poua e ia he tikanga e whakawāngia
ai mehemea i nui ngā whenua "tuwhene", nā konei ka takahia te Tiriti o 20
Waitangi me ōna kaupapa.
(5) E whakaae xxx anō hoki te Karauna, nō xxxx xxxx i te wāhanga whenua nui tonu i Mahurangi ki Ōmaha i te tau 1841, tae atu ki te 200,000 eka i waenga i Te Ārai me Maungauika, kīhai tonu i whakahau kia tiakina he whenua rāhui
nui tonu i roto i ngā ringaringa o Ngāti Paoa, nā konei anō i takahia ai te Tiriti 25
o Waitangi me ōna mātāpono.
(6) E whakaae xxx te Karauna—
(a) i tangohia e ia ngā whenua nō Ngāti Xxxx, xxx atu ki ōna whenua i Waiheke, hei tuwhene mai i ngā kerēme whenua kīhai i whakaaetia mai i
te wā o te rāhui hoko, ā, kua roa xxxx xxxx kaupapa tango whenua 30
tuwhene e noho xxx xxx nawe nui mō Ngāti Paoa; ā
(b) kīhai hoki i tika tana hoatu i ngā rekureihana katoa i whakaritea rā i mua hei tiaki i te Māori, i xxxx xxxxx ki xxxxx i te whakawāteatanga rahui hoko; ā
(c) kīhai i tika tana tiaki i ngā pānga Māori i ngā wā katoa i roto i ngā 35
whakawā whenua ki aua hoko; ā
(d) nā xxxx kaupapa here tango whenua tuwhene i xxx xxxx i whakawātea i nga xxxxx xxxx, i takahia ai te Tiriti o Waitangi me ōna mātāpono, xx xxxxx i xxxx kore e whakahau kia tirohia mehemea i tika anō ngā whenua
i waiho hei whenua mō te iwi i roto i ngā ringaringa o Ngāti Paoa, i muri 40
i xx xxxx. E whakaae xxx te Karauna i hē kē atu tēnei raruraru i runga
anō i te whakatinanatanga a te Karauna i xxx kaupapa here, ā, ka noho tēnei hei takitahitanga anō i te Tiriti o Waitangi me ōna mātāpono.
(7) E whakaae xxx te Karauna nā xxxx kore e whakarite i tētehi whakatekau o ngā whenua i hokona atu mō ngā kaupapa ā-iwi whānui, i te wā o te whakawātea i
te rāhui hoko, otirā mō ngā kaupapa ā-tangata, arā, mō te whakatū i xxx xxxx 5 me xxx hohipera, ēnei mahi katoa, hei oranga mō ngāi Māori tae atu ki a Ngāti Xxxx, xx takahia e ia te Tiriti o Waitangi me ōna mātāpono.
(8) E whakaae xxx te Karauna—
(a) kīhai rawa atu i tika tā rātou mahi xx xxx kaitohutohu i raro i te Tiriti o Waitangi me ōna mātāpono i xxxx tono i xxx hōia kia whakawhiti i te 10 awa o Mangatāwhiri i te marama o Hūrae 1863, i xxxx huaki hoki i aua whenua, me xxxx whakanoho i a tauiwi ki aua whenua ahakoa ngā pānga
o Ngāti Paoa ki roto; ā
(b) ka whakaweti ia i a Ngāti Paoa nā xxxx mahi ki te tono manuao whai pūrepo hei ārai i te rerenga waka ki runga o Tīkapa Moana, me xxxx 15 turaki i ngā waka o te iwi; ā
(c) ka whakamate rawa i ētehi tāngata takitahi o Ngāti Paoa i te tahuritanga
o ngā hōia o te Karauna ki te—
(i) pupuhi pahū nui ki te kāinga i Pūkorokoro i te marama o Nōema 1863; me xxxx; ā 20
(ii) kōkiri i ētehi o Ngāti Paoa, kāore he whakaara i a rātou, i te marama o Tīhema 1863; ā
(d) e whakaae xxx xxxx te Karauna i hē kē atu te mamae i xxxxx xxx i xxx mahi, xx xxxxx i xxxx tapanga o te kāinga o Pūkorokoro ki te ingoa o te manuao i pūhia ai ngā pahū ki runga i ōna tāngata noho. 25
(9) E whakaae xxx anō hoki te Karauna nā xxxx mahi raupatu i ngā whenua i whai pānga a Ngāti Paoa ki roto, tae atu ki ngā whenua i Waikato me Wairoa ki te Rāwhiti, i whakaweto i ngā take tuku iho o te iwi ki ō rātou whenua, i ngaro ai hoki xxx xxxx tapu, tae atu ki te maunga tapu o Kohukohunui me Rātāroa,
waihoki xxx xxxx mahinga kai o ngā tūpuna, kāore i tika, he takahi tonu i te 30
Tiriti o Waitangi me ōna mātāpono.
(10) E whakaae xxx te Karauna i raupatuhia i xxxxx hoki e ia i runga i te kino ngā pānga tikanga tuku iho o Ngāti Paoa i xx xxxx whenua raupatu o Tauranga, ā, nā ēnei mahi katoa i takahia ai te Tiriti o Waitangi me ōna mātāpono.
(11) E whakaae xxx anō hoki te Karauna i takahia e ia te Tiriti o Waitangi me ōna 35
mātāpono nā xxxx kore e huri mai ki te āta tiaki marire i ngā whāinga pānga o Ngāti Paoa ki ngā whenua i hiahia rā ia ki te pupuru, i xxxx whakarewanga i xx xxxx o Te Puna me Katikati i te tau 1864, me te kore e tūhura i te rangatiratanga o Ngāti Paoa.
(12) E whakaae xxx te Karauna— 40
(a) i takahia e ia xxxx kī taurangi ki ērā kāore i hāpai pū i te pakanga, tae atu ki ētehi o Ngāti Paoa, e kore e tangohia ō rātou whenua mā te raupatu; ā
(b) kāore i whakaritea he wāhanga mō te Kōti Kāpeneheihana kia whakahoki whenua ki ngāi Māori kāore i whakatuma ki te Karauna, e ai
ki ōna whakaaro, i te whakawā a te Kōti i ngā kerēme a Ngāti Paoa mō 5 tētehi kāpeneheihana mō Wairoa ki te Rāwhiti; ā
(c) kāore i tutuki i a ia xxxx kī ka whakahokia ētehi whenua i ētehi o ēnei takiwā ki xxx xxxx o Ngāti Paoa i mea rā ia ehara i te hunga whakatuma; ā
(d) ka noho xxxx korenga e tiaki i ngā pānga o xxx xxxx o Ngāti Paoa i mea 10 rā ia ehara i te hunga whakatuma, hei takahitanga i te Tiriti o Waitangi
me ōna mātāpono.
(13) E whakaae xxx te Karauna—
(a) kāore rawa ia i hoki mai ki te kōrerorero ki a Ngāti Paoa mō te whakaurunga mai o xxx ture whenua taketake Māori; ā 15
(b) ka taupatupatu ngā whakaritenga taitara ā-tangata takitahi ki ngā tikanga tuku iho a Ngāti Paoa; ā
(c) nā te mahinga me te pānga o ngā ture whenua taketake Māori, otirā ngā mahi whakawhiwhi whenua ki te tangata takitahi, i horapa ai te wehewehe o ngā whenua, i ngāwari ai xx xxxx atu ki te tangata kē, te 20
whakakore rawatanga rānei; nā konei i horo ai xxx xxx matua o ngā tikanga tuku iho o te iwi o Ngāti Paoa, he mea whakatū ki xxxxx xxxx i te pupuru ā-hapū, ā-iwi, i te whenua; ā
(d) ka noho te korenga o te Karauna e tiaki i xxx xxx matua o te iwi o Ngāti
Paoa hei takahitanga nui i te Tiriti o Waitangi me ōna mātāpono. 25
(14) E whakaae xxx te Karauna i ngana ia ki xx xxxx i xxx pānga o Ngāti Paoa i ngā poraka whenua o Piako i mua i te whakawātanga o te taitara e te Kōti Whenua Māori.
(15) E whakaae xxx te Karauna i herea a Ngāti Paoa kia hoko atu i ngā whenua tino
nui rawa hei utu i ngā nama mō te rūri i Te Hoe o Tainui. Nā te kore o te 30
Karauna e tiaki i a Ngāti Paoa i tēnei kawenga i takahia ai te Tiriti o Waitangi me ōna mātāpono.
(16) E whakaae xxx te Karauna i puta ake he hua nui i xxx xxxx manawa whenua i rīhitia rā i ngā whenua o Ngāti Paoa me ētehi atu, hei painga ohanga hoki ki te motu katoa. 35
(17) Kei te whakaae te Karauna nā ngā huringa ki te taiao me ngā parahanga kua maringi mai ki te whenua me te wai, mai i xx xxx tau tekau mā iwā, kua noho hei pōuritanga nui mā Ngāti Paoa. E whakaae xxx anō hoki te Karauna nā ngā huringa ki te rere o te awa o Piako me xxx xxxx mai i ngā tau mai i 1890 i
mimiti ai ngā repo hua te kai, hua te mātaitai, i ngaro ai xxx xxxx tapu o Ngāti 40
Paoa, i raru ai hoki ngā mahinga kaimoana i whirinaki rā a Ngāti Paoa i mua.
(18) | E whakaae xxx anō hoki te Karauna nā ngā mahi whakamataku i ngā tamariki maha o Ngāti Paoa i roto i ngā ngahuru tau, arā, nā ngā kaupapa here a te Karauna i whakakāhoretia ai te reo Māori i roto i xxx xxxx. Kei te whakaae hoki te Karauna ki ngā pānga kino o ēnei mahi ki te matatau o te tangata me te huatau o xxxx reo, tae atu ki te pānga o ēnei mahi ki te whāngaihanga o te reo | 5 |
me ngā tikanga tuku iho xxx x xxxx whakatupuranga, ki xxxx whakatupuranga. | ||
(19) | E whakaae xxx te Karauna kua kino kē atu te hauora o Ngāti Paoa i ētehi atu tāngata noa iho o Aotearoa, ā, kāore hoki i rite xxxx xxx whāinga wāhi ki te āta noho i runga i te ora me xx xxx mō rātou, ki ērā atu tāngata o Aotearoa. | |
(20) | E whakaae xxx te Karauna nā te pānga putuputu o ēnei mahinga, me ēnei hapanga a te Karauna, tae atu ki te raupatu, i te mahinga me te pānga o ngā ture whenua Māori i noho tata whenua kore tonu a Ngāti Paoa, i raru ai hoki tō rātou whanaketanga ā-ōhanga, ā-iwi, ā-tikanga hoki. Ka noho ko te korenga o te Karauna e whakahau tikanga e puritia ai he whenua nui tonu mō rātou i roto i ngā tau, mō ngā xx xxxx e heke mai nei hei takahitanga nui i te Tiriti o | 10 15 |
Waitangi me ōna mātāpono. | ||
Apology | ||
Crown apology | ||
The text of the apology offered by the Crown to the people of Ngāti Paoa, to your tūpuna and your mokopuna, as set out in the deed of settlement, is as | 20 | |
follows: | ||
“(a) The Crown profoundly regrets its failure to protect Ngāti Paoa from the rapid alienation of land in the decades following the signing of te Tiriti o Waitangi/the Treaty of Waitangi and the loss of life and the devastation caused by hostilities arising from its invasion of lands south | 25 | |
of the Mangatāwhiri. | ||
(b) The Crown has inflicted suffering upon you, its acts and omissions have prejudiced you, and laws and policies that it enacted in Aotearoa/New Zealand have led to the loss of your whenua and your taonga te reo Māori. The Crown has failed to uphold its obligations under te Tiriti | 30 | |
o Waitangi/the Treaty of Waitangi and brought dishonour upon itself. For its breaches of te Tiriti o Waitangi/the Treaty of Waitangi and its principles the Crown unreservedly apologises. | ||
(c) The Crown seeks to atone for these injustices, and hopes that through this settlement it can rebuild the relationship that it established with | 35 | |
Ngāti Paoa in 1840, begin the process of healing, and enter a new age of co-operation with your people.” | ||
Te whakapāha | ||
Ko xxx xxxx o te whakapāha kua tāpaetia e te Karauna ki ngā tāngata o Ngāti Paoa, ki ō koutou tūpuna me ā koutou mokopuna, i tuhia i te Whakaaetanga | 40 | |
Whakataunga, e pēnei xxx: |
“(a) | Xx xxxx pā pōuri te Karauna mō xxxx korenga e tiaki i a Ngāti Paoa kei ngaro xxxxx xxx whenua i runga i te ohorere i ngā ngahuru tau mai i te hainatanga o te Tiriti o Waitangi, mō te whakamatenga me te mahi whakamōtī i te whenua hoki i muri i xxxx huaki pokanoa i ngā whenua ki te tonga o Mangatāwhiri. | 5 |
(b) | E whakaae xxx te Karauna nā xxx mahi kua taka mai te mate nui ki runga i a koutou, kua tūkinotia koutou e xxx mahinga me xxx hapanga i whakatinanatia ai ki Aotearoa, i ngaro ai ō koutou whenua me tō koutou taonga nui, te reo Māori. Xxxxx xx Karauna i tahuri mai ki te hautū i ōna kawenga here i runga i a ia i raro i te Tiriti o Waitangi, ā, xx xxxxx tētehi | 10 |
wāhi o xxxx mana. Mō xxx takahitanga i te Tiriti o Waitangi me ōna mātāpono, tēnei te Karauna te tūohu atu, me te tāpae i xxxx whakapāha nui ki te iwi o Ngāti Paoa. | ||
(c) | E hiahia xxx te Karauna ki te whakatikatika i ēnei hē nui, me te tūmanako mā roto i tēnei whakataunga ka whakaū anō te noho whanaunga me te haere kōtui i tūmanakohia ai e Ngāti Paoa me te Karauna i te tau 1840, e xxx xxx ai te mahi whakarauora me te mahi tahi ki tō iwi.” | 15 |
11 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.
In this Act, unless the context otherwise requires,—
administering body has the meaning given in section 2(1) of the Reserves Act 25
1977
aquatic life has the meaning given in section 2(1) of the Conservation Act 1987
attachments means the attachments to the deed of settlement
coastal marine area has the meaning given in section 82 30
commercial property has the meaning given in section 121
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 35
conservation area has the meaning given in section 2(1) of the Conservation Act 1987
conservation management plan has the meaning given in section 2(1) of the Conservation Act 1987
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 5
cultural redress property has the meaning given in section 22
deed of settlement—
(a) means the deed of settlement dated 20 March 2021 and signed by—
(i) the Honourable Xxxxxx Xxxxx Xxxxxx, Minister for Treaty of Wai‐ tangi Negotiations, and the Honourable Xxxxx Xxxxxx Xxxxxxxxx, 10
Minister of Finance, for and on behalf of the Crown; and
(ii) Xxxxxxx Xxxx Morehu Xxxxxx and Hauāuru Xxxxxx Xxxxxxx Xxxxxx, for and on behalf of Ngāti Paoa; and
(iii) Xxxxxxxxxxxx Xxxxxx, Xxxxx Aroha Xxxxxxxx Tarawa, Xxxx Xxxxxx Xxxxxx, Xxxxx Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx Xxxxxxx 15
Xxxxxxx, Xxxxxxxx Rangitahi Xxxxxx, and Xxxxxxx Xxxxxx, being the trustees of the Ngāti Paoa Iwi Trust; and
(b) includes—
(i) the schedules of, and attachments to, the deed; and
(ii) any amendments to the deed or its schedules and attachments 20
deferred selection property has the meaning given in section 121
descendants has the meaning given in section 68
Director-General means the Director-General of Conservation
documents schedule means the documents schedule of the deed of settlement
early release commercial property means a property described in part 5 of 25
the property redress schedule
effective date means the date that is 6 months after the settlement date
general matters schedule means the general matters schedule of the deed of settlement
historical claims has the meaning given in section 14 30
interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property
LINZ means Land Information New Zealand
local authority has the meaning given in section 5(1) of the Local Government
Act 2002 35
member of Ngāti Paoa 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
Ngāti Paoa Iwi Trust means the trust of that name established by a trust deed dated 4 October 2013
overlay classification has the meaning given in section 87
Pouarua Farm Limited Partnership means the limited partnership of that name registered on 8 November 2013 with registration number 2591742 5
Pouarua Farm property means the land held by the Pouarua Farm Limited Partnership that is comprised in record of title 317403
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 10
2017
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 15
(b) any person, including any trustee, acting for or on behalf of—
(i) the collective group referred to in section 13(1)(a); or
(ii) 1 or more members of Ngāti Paoa; or
(iii) 1 or more of the whānau, hapū, or groups referred to in section 13(1)(c) 20
reserve has the meaning given in section 2(1) of the Reserves Act 1977
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 means the land of that name described in Part 2 of Schedule 1 25
settlement date means the date that is 60 working days after the date on which this Act comes into force
tikanga means customary values and practices
trustees of the Ngāti Paoa Iwi Trust and trustees mean the trustees, acting in
their capacity as trustees, of the Ngāti Paoa Iwi Trust 30
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:
(b) if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the follow‐ 35
ing Monday:
(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.
Meaning of Ngāti Paoa | ||
(1) | In this Act, Ngāti Paoa— | |
(a) means the collective group composed of individuals who are descended from an ancestor of Ngāti Paoa; and | 5 | |
(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,— | 10 |
ancestor of Ngāti Paoa means an individual who— | ||
(a) exercised customary rights by virtue of being descended from— | ||
(i) Paoa; or | ||
(ii) any other recognised ancestor of a group referred to in part 10 of the deed of settlement; and | 15 | |
(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 Paoa area of interest in part 1 of the attachments | ||
customary rights means rights exercised according to tikanga Māori, includ‐ ing— | 20 | |
(a) rights to occupy land; and | ||
(b) rights in relation to the use of land or other natural or physical resources |
descended means that a person is descended from another person by—
(a) birth; or 25
(b) legal adoption; or
(c) Māori customary adoption in accordance with Ngāti Paoa tikanga.
Meaning of historical claims | ||
(1) | In this Act, historical claims— | |
(a) means the claims described in subsection (2); and | 30 | |
(b) includes the claims described in subsections (3) and (4); but | ||
(c) does not include the claims listed in subsection (5). | ||
(2) | The historical claims are every claim that Ngāti Paoa or a representative entity had on or before the settlement date, or may have after the settlement date, and that— | 35 |
(a) is founded on a right arising— |
(i) from the Treaty of Waitangi or its principles; or
(ii) under legislation; or
(iii) at common law (including aboriginal title or customary law); or
(iv) from a fiduciary duty; or
(v) otherwise; and 5
(b) arises from, or relates to, acts or omissions before 21 September 1992—
(i) by or on behalf of the Crown; or
(ii) by or under legislation.
(3) The historical claims include—
(a) a claim to the Waitangi Tribunal that relates exclusively to Ngāti Paoa 10
or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:
(i) Wai 10 (Waiheke Island claim):
(ii) Wai 72 (Ngāti Paoa Lands and Fisheries claim):
(iii) Wai 321 (Treaty of Waitangi Fisheries Commission claim): 15
(iv) Wai 365 (Matakana Island (No 3) claim):
(v) Wai 369 (Waiheke Island Land claim):
(vi) Wai 392 (Te Runanga O Ngāti Paoa claim):
(vii) Wai 563 (Kaiaua School Lands claim):
(viii) Wai 810 (Waiheke Island Domain and Te Huruhi Lands claim): 20
(ix) Wai 826 (Te Kawakawa Block (Clevedon) claim):
(x) Wai 1702 (Ngāti Paoa and Te Urikaraka (Xxxxxxx) claim); and
(b) every other claim to the Waitangi Tribunal, including the claims listed in
subsection (4), if and to the extent that—
(i) the claim relates to Ngāti Paoa or a representative entity; and 25
(ii) subsection (2) applies to the claim.
(4) The claims referred to in subsection (3)(b) include—
(1) Wai 96 (East Wairoa Raupatu claim):
(2) Wai 100 (Hauraki Māori Trust Board claim):
(3) Wai 345 (Fairburn Block claim): 30
(4) Wai 364 (Tamaki-Hauraki (Xxxxx) claim):
(4a) Wai 365 (Matakana Island (No 3) claim):
(5) Wai 373 (Maramarua State Forest claim):
(6) Wai 374 (Auckland Central Railways Land claim):
(7) Wai 394 (Central Auckland Railway Lands claim): 35
(8) Wai 454 (Marutūāhu Tribal Region claim):
(9) Wai 475 (Whangapoua Forest claim):
(10) Wai 496 (Tamaki Girls College and Other Lands within Tāmaki Makaurau claim):
(11) Wai 650 (Athenree Forest and Surrounding Lands claim): 5
(12) Wai 693 (Matamataharakeke Blocks claim):
(13) Wai 704 (Whangamata 4D4B2A Block and other blocks claim):
(14) Wai 720 (Mahurangi–Omaha (Hauraki Gulf) claim):
(15) Wai 808 (Hoe O Tainui Ki Mahurangi Land claim):
(16) Wai 811 (Coromandel Township and Other Lands (Te Patukirikiri) 10
claim):
(17) Wai 812 (Marutūāhu Land and Taonga claim):
(18) Wai 887 (Ngawaka Tautari Lands (Auckland Kaipara) claim):
(19) Wai 968 (Korohere Ngapo Harataunga Lands claim):
(20) Wai 1492 (Xxxxxxxx Xxxxx Trust claim): 15
(21) Xxx 1530 (Descendants of Hurikino Xxxxxxxx and Xxxx Xxxxxxxx claim):
(22) Wai 1696 (Tararu Land (Nicholls) claim):
(23) Xxx 1807 (Descendants of Tipa claim):
(24) Wai 1825 (Descendants of Hetaraka Takapuna claim):
(25) Wai 1891 (Ngaromaki Block Trust Mining claim): 20
(26) Xxx 1897 (Xxxx Turongo Xxxxx claim):
(27) Wai 2039 (Ngāti Amaru and Ngāti Pou Lands claim):
(28) Wai 2169 (Descendants of Hetaraka Takapuna claim):
(29) Wai 2298 (X X Xxxxxxxx Estate Lands and Resources (Tukerangi) claim). 25
(5) However, the historical claims do not include—
(a) a claim that a member of Ngāti Paoa, or a whānau, hapū, or group referred 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 Paoa; or 30
(b) a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).
(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. 35
Historical claims settled and jurisdiction of courts, etc, removed
15 Settlement of historical claims final
(1) The historical claims are settled.
(2) The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in 5 respect of those claims.
(3) Subsections (1) and (2) do not limit—
(a) the deed of settlement; or
(b) the collective deeds.
(4) Despite any other enactment or rule of law, on and from the settlement date, no 10 court, tribunal, or other judicial body has jurisdiction (including the jurisdiction
to inquire or further inquire, or to make a finding or recommendation) in respect of—
(a) the historical claims; or
(b) the deed of settlement; or 15
(c) this Act; or
(d) the redress provided under the deed of settlement or this Act; or
(e) each of the following to the extent that it relates to Ngāti Paoa:
(i) the collective deeds:
(ii) the collective Acts: 20
(iii) the redress provided under the collective deeds or collective Acts.
(5) Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of—
(a) the deed of settlement; or
(b) the collective deeds; or 25
(c) this Act; or
(d) the collective Acts.
(6) In this section,—
collective Acts means—
(a) the Pare Hauraki Collective Redress Act 2022; and 30
(b) the Marutūāhu Iwi Collective Redress Act 2022; and
(c) the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
collective deeds means—
(a) the Pare Hauraki collective deed as defined in section 9 of the Pare 35
Hauraki Collective Redress Act 2022; and
(b) the collective deed as defined in section 9(1) of the Marutūāhu Iwi Collective Redress Act 2022; and
(c) the collective deed as defined in section 8(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014.
Amendment to Treaty of Waitangi Act 1975 5
16 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 Paoa Claims Settlement Act 2022, section 15(4) and (5)
Resumptive memorials no longer to apply 10
Certain enactments do not apply | |||
(1) | The enactments listed in subsection (2) do not apply— | ||
(a) to a cultural redress property; or | |||
(b) to a commercial property on and from the date of | its transfer to the | ||
trustees; or | 15 | ||
(c) to a deferred selection property on and from the date of its transfer to the trustees; or | |||
(d) to an early release commercial property; or | |||
(e) to the Pouarua Farm property; or | |||
(f) for the benefit of Ngāti Paoa or a representative entity. | 20 | ||
(2) | The enactments are— | ||
(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: | 25 | ||
(d) sections 27A to 27C of the State-Owned Enterprises Act 1986: | |||
(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— | 30 | |
(a) is all or part of— | |||
(i) a cultural redress property: | |||
(ii) a commercial property: | |||
(iii) a deferred selection property: | 35 | ||
(iv) an early release commercial property:
(v) the Pouarua Farm property; and
(b) is subject to a resumptive memorial recorded under an enactment listed in section 17(2).
(2) The chief executive of LINZ must issue a certificate as soon as is reasonably 5 practicable after—
(a) the settlement date, for a cultural redress property, an early release com‐ mercial property, and the Pouarua Farm property; or
(b) the date of transfer of the property to the trustees, for a commercial property or a deferred selection property. 10
(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—
(a) register the certificate against each record of title identified in the certifi‐
cate; and 15
(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.
Limit on duration of trust does not apply | 20 | |
(1) | A limit on the duration of a trust in any rule of law and a limit on the provisions of any Act, including section 16 of the Trusts Act 2019— | |
(a) do not prescribe or restrict the period during which— | ||
(i) the Ngāti Paoa Iwi Trust may exist in law; or | ||
(ii) the trustees may hold or deal with property or income derived from property; and | 25 | |
(b) do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective. | 30 | |
(2) | However, if the Ngāti Paoa Iwi Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019. | |
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— | 35 |
(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; and
(b) free of charge on an Internet site maintained by or on behalf of that Office. 5
21 Provisions that have same effect
If a provision in this Act has the same effect as a provision in another Act, the provisions must be given effect to only once, as if they were 1 provision.
Part 2
Cultural redress 10
Subpart 1—Vesting of cultural redress properties
(1) In this subpart,—
cultural redress property means each of the following properties, and each property means the land of that name described in Part 1 of Schedule 1: 15
Properties vested in fee simple
(a) (b) | Xxxx-nui-o-te-paua: Kaiaua School property: | |
Properties vested in fee simple to be administered as reserves | ||
(c) | Māwhitipana: | 20 |
(d) | Omaru: | |
(e) | Paoa Ururoa: | |
(f) | Paoa Ururua: | |
(g) | Paoa Whanake: | |
(h) | Papakura Pā: | 25 |
(i) | Pokai Wawahi Ika: | |
(j) | Tauwhare Koiora site A: | |
(k) | Tauwhare Koiora site B: | |
(l) | Te Iwi Rahirahi: | |
(m) | Te Waero Awe Houkura | 30 |
Hauraki Gulf Marine Park means the park established under section 33 of the Hauraki Gulf Marine Park Act 2000
joint management body means the body established by section 58
motu plan means the Tāmaki Makaurau motu plan prepared and approved under subpart 10 of Part 2 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
reserve property means each of the properties named in paragraphs (c) to
(m) of the definition of cultural redress property 5
Tauwhare Koiora Recreation Reserve means the reserve comprising—
(a) Tauwhare Koiora site A; and
(b) Sections 1, 3, 5, and 6 SO 504602 (owned by the Hauraki District Council).
(2) In sections 26 and 27, and sections 38 to 44, Council means the Xxxx‐ 10
land Council.
Properties vested in fee simple
Xxxx-nui-o-te-paua | ||
(1) | Xxxx-nui-o-te-paua is declared to be Crown land subject to the Land Act 1948. | |
(2) | The fee simple estate in Xxxx-nui-o-te-paua vests in the trustees. | 15 |
(3) | The registered owners of Xxxx-nui-o-te paua may transfer the fee simple estate | |
in the land, but only— | ||
(a) after any new trustee has been appointed or any transferor of the land has | ||
ceased to be a trustee; and | ||
(b) if the instrument to transfer the land is accompanied by a certificate | 20 | |
given by the transferees, or the transferees’ lawyer, verifying that para- graph (a) applies. | ||
Kaiaua School property | ||
(1) | The fee simple estate in the Kaiaua School property vests in the trustees. | |
(2) | Subsection (1) does not take effect— | 25 |
(a) until the trustees have provided the Crown with a registrable lease of the | ||
Kaiaua School property on the terms and conditions set out in part 5.1 of | ||
the documents schedule; or | ||
(b) if clause 5.4 of the deed of settlement applies. | ||
Properties vested in fee simple to be administered as reserves | 30 | |
Māwhitipana | ||
(1) | The reservation of Māwhitipana as a recreation reserve subject to the Reserves | |
Act 1977 is revoked. | ||
(2) | The fee simple estate in Māwhitipana vests in the trustees. | |
(3) | Māwhitipana— | 35 |
(a) is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977; but | ||
(b) ceases to be land to which Schedule 4 of the Crown Minerals Act 1991 applies because of clause 11 of that schedule (but see section 55). | ||
(4) | The reserve is named Māwhitipana Recreation Reserve. | 5 |
Xxxxx | ||
Xxxxxxx and administration | ||
(1) | The reservation of the part of Omaru that is a recreation reserve is revoked. | |
(2) | The part of Omaru that is held for State housing purposes is declared to be | |
Crown land subject to the Land Act 1948. | 10 | |
(3) | The fee simple estate in Omaru vests in the trustees. | |
(4) | Omaru is declared a reserve and classified as a recreation reserve subject to | |
section 17 of the Reserves Act 1977. | ||
(5) | The reserve is named Xxxxx Recreation Reserve. | |
(6) | The Council is the administering body of the reserve and the Reserves Act | 15 |
1977 applies as if the reserve were vested in the Council under section 26 of | ||
that Act. | ||
Management plan | ||
(7) | Despite section 41(1) of the Reserves Act 1977, as long as the Council is the | |
administering body of Omaru,— | 20 | |
(a) the management plan that was in force immediately before the com‐ | ||
mencement of the Point England Development Enabling Act 2017 | ||
applies to Omaru; and | ||
(b) when the Council reviews that plan, the Council and the trustees must | ||
jointly prepare and approve the management plan. | 25 | |
Precondition applying | ||
(8) | Subsections (1) to (7) do not take effect until the trustees have granted the following registrable easement for the following rights in favour of Xxxx-nui-o- | |
te-paua and Paoa Whanake on the terms and conditions set out in part 5.3 of | ||
the documents schedule: | 30 | |
(a) a right of way; and | ||
(b) a right to drain sewage; and | ||
(c) a right to convey water; and | ||
(d) a right to drain water; and | ||
(e) a right to convey electricity; and | 35 | |
(f) a right to convey telecommunications; and | ||
(g) a right to convey gas. |
(9) Despite the provisions of the Reserves Act 1977, the easement—
(a) is enforceable in accordance with its terms; and
(b) is to be treated as having been granted in accordance with that Act.
Council improvements attached to Omaru | ||
(1) | This section applies to the improvements owned by the Council and attached to Omaru (the property) at the date of its vesting under section 26(3), and despite that vesting. | 5 |
(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 | 10 | |
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 (if no longer the council), and | ||
without charge; and | ||
(d) may be accessed, used, occupied, repaired, renewed, or maintained by | 15 | |
the Council, or those authorised by the Council, at any time without the | ||
consent of the owners of the property or the administering body (if no | ||
longer the Council), and without charge. | ||
(3) | Improvements referred to in subsection (1) may, without charge, but sub‐ ject to any relevant statutory requirement, be removed or demolished by the | 20 |
Council at any time without the consent of the owners of the property or the | ||
administering body (if no longer the Council). | ||
(4) | However, the Council must— | |
(a) give the owners of the property and the administering body (if no longer | ||
the Council) not less than 15 working days’ written notice of its inten‐ | 25 | |
tion to remove or demolish an improvement; 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. | 30 |
(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. | ||
(7) | Subsection (6) is subject to any other enactment that governs the use of the improvement concerned. | 35 |
(8) | The | |
which they would, apart from this section, be liable by reason of their owner‐ | ||
ship of the property. |
Paoa Ururoa | ||
(1) | The reservation of Paoa Ururoa (being part of Motuihe Island Recreation | |
Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked, | ||
and accordingly Paoa Ururoa ceases to be part of the Hauraki Gulf Marine | ||
Park. | 5 | |
(2) | The fee simple estate in Paoa Ururoa vests in the trustees. | |
(3) | Paoa Ururoa— | |
(a) is declared a reserve and classified as a historic reserve subject to section | ||
18 of the Reserves Act 1977; and | ||
(b) is included in the Hauraki Gulf Marine Park as provided for by section 67 of this Act; but | 10 | |
(c) ceases to be land to which Schedule 4 of the Crown Minerals Act 1991 | ||
applies because of clause 11 of that schedule (but see section 55). | ||
(4) | The reserve is named Paoa Ururoa Historic Reserve. | |
(5) | For the purposes of the Fire and Emergency New Zealand Act 2017, Paoa | 15 |
Ururoa must be treated as if it were public conservation land within the mean‐ | ||
ing of section 144 of that Act. | ||
Application of motu plan to Paoa Ururoa | ||
(1) | On and from the date of its vesting under section 28(2), Paoa Ururoa is | |
subject to the motu plan. | 20 | |
(2) | The administering body of the reserve is not required to prepare a management | |
plan under section 41 of the Reserves Act 1977 for the reserve. | ||
Right of entry onto Paoa Ururoa by the Crown | ||
(1) | Despite the vesting of Paoa Ururoa under section 28(2), the Crown may enter | |
Paoa Ururoa with or without motor vehicles, machinery, implements of any | 25 | |
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 Paoa Ururoa includes the right to enter any buildings erected | 30 |
on Paoa Ururoa. | ||
(3) | If the Crown enters Paoa Ururoa under subsection (1), it must give notice to | |
the owners, orally or by electronic means (as the Crown and the owners agree), | ||
at least 24 hours before entering or, if that is not practicable,— | ||
(a) before entering, if practicable; or | 35 | |
(b) as soon as possible after entering. | ||
(4) | Despite subsection (3), the owners and the Crown may agree the circum‐ | |
stances in which notice is not required before the Crown enters Paoa Ururoa. |
(5) | Despite subsections (3) and (4), the Crown may enter Paoa Ururoa 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 build‐ | |
ing erected on Paoa Ururoa that may be used for accommodation purposes, | 5 | |
unless it— | ||
(a) first obtains the consent of the building owner or occupier to enter the | ||
building; and | ||
(b) enters the building only in daylight hours. | ||
Paoa Ururua | 10 | |
(1) | The reservation of Paoa Ururua (being part of Motuihe Island Recreation | |
Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked, | ||
and accordingly Paoa Ururua ceases to be part of the Hauraki Gulf Marine | ||
Park. | ||
(2) | The fee simple estate in Paoa Ururua vests in the trustees. | 15 |
(3) | Paoa Ururua— | |
(a) is declared a reserve and classified as a recreation reserve subject to | ||
section 17 of the Reserves Act 1977; and | ||
(b) is included in the Hauraki Gulf Marine Park as provided for by section 67; but | 20 | |
(c) ceases to be land to which Schedule 4 of the Crown Minerals Act 1991 | ||
applies because of clause 11 of that schedule (but see section 55). | ||
(4) | The reserve is named Paoa Ururua Recreation Reserve. | |
(5) | For the purposes of the Fire and Emergency New Zealand Act 2017, Paoa | |
Ururua must be treated as if it were public conservation land within the mean‐ | 25 | |
ing of section 144 of that Act. | ||
Application of motu plan to Paoa Ururua | ||
(1) | On and from the date of its vesting under section 31(2), Paoa Ururua is | |
subject to the motu plan. | ||
(2) | The administering body of the reserve is not required to prepare a management | 30 |
plan under section 41 of the Reserves Act 1977 for the reserve. | ||
Right of entry onto Paoa Ururua by the Crown | ||
(1) | Despite the vesting of Paoa Ururua under section 31(2), the Crown may enter | |
Paoa Ururua with or without motor vehicles, machinery, implements of any | ||
kind, or dogs for any of the following purposes: | 35 | |
(a) species management: | ||
(b) monitoring pest plants or pest animals: |
(c) controlling pest plants or pest animals.
(2) The right to enter Paoa Ururua includes the right to enter any buildings erected on Paoa Ururua.
(3) If the Crown enters Paoa Ururua under subsection (1), it must give notice to
the owners, orally or by electronic means (as the Crown and the owners agree), 5 at least 24 hours before entering or, if that is not practicable,—
(a) before entering, if practicable; or
(b) as soon as possible after entering.
(4) Despite subsection (3), the owners and the Crown may agree the circum‐ stances in which notice is not required before the Crown enters Paoa Ururua. 10
(5) Despite subsections (3) and (4), the Crown may enter Paoa Ururua 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 build‐
ing erected on Paoa Ururua that may be used for accommodation purposes, 15
unless it—
(a) first obtains the consent of the building owner or occupier to enter the building; and
(b) enters the building only in daylight hours.
(1) The reservation of Paoa Whanake as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2) The fee simple estate in Paoa Whanake vests in the trustees.
(3) Paoa Whanake is declared a reserve and classified as a local purpose (marae) reserve subject to section 23 of the Reserves Act 1977. 25
(4) The reserve is named Paoa Whanake Local Purpose (Marae) Reserve.
(1) The reservation of Papakura Pā (being part of Tiritiri Matangi Island Scientific Reserve) as a scientific reserve subject to the Reserves Act 1977 is revoked.
(2) The fee simple estate in Papakura Pā vests in the trustees. 30
(3) Papakura Pā—
(a) is declared a reserve and classified as a scientific reserve subject to section 21 of the Reserves Act 1977; but
(b) ceases to be land to which Schedule 4 of the Crown Minerals Act 1991 applies because of clauses 3 and 11 of that schedule (but see section 35
55).
(4) Despite the vesting under subsection (2), the Reserves Act 1977 applies to the reserve as if the reserve were vested in the Crown.
(5) | To avoid doubt, because of subsection (4),— (a) the reserve is not vested in, or managed and controlled by, an administer‐ ing body; and | |
(b) the Crown continues to administer, control, and manage the reserve; and | ||
(c) the Crown continues to retain all income, and be responsible for all | 5 | |
liabilities, in relation to the reserve; and | ||
(d) the reserve continues to form part of the Hauraki Gulf Marine Park. | ||
(6) | However, the Minister of Conservation must not revoke the reserve status of | |
Papakura Pā (but may reclassify it) under that Act. | ||
(7) | For the purposes of the Fire and Emergency New Zealand Act 2017, Papakura | 10 |
Pā must be treated as if it were public conservation land within the meaning of | ||
section 144 of that Act. | ||
Pokai Wawahi Ika | ||
(1) | The reservation of Pokai Wawahi Ika as a recreation reserve subject to the | |
Reserves Act 1977 is revoked, and accordingly Pokai Wawahi Ika ceases to be | 15 | |
part of the Hauraki Gulf Marine Park. | ||
(2) | The fee simple estate in Pokai Wawahi Ika vests in the trustees. | |
(3) | Pokai Wawahi Ika— | |
(a) is declared a reserve and classified as a recreation reserve subject to | ||
section 17 of the Reserves Act 1977; and | 20 | |
(b) is included in the Hauraki Gulf Marine Park as provided for by section 67 of this Act; but | ||
(c) ceases to be land to which Schedule 4 of the Crown Minerals Act 1991 | ||
applies because of clause 11 of that schedule (but see section 55). | ||
(4) | The reserve is named Pokai Wawahi Ika Recreation Reserve. | 25 |
Tauwhare Koiora site A and Tauwhare Koiora site B | ||
Vesting site A Road to be stopped | ||
(1) | The parts of Sections 1, 2, 8, 9, and 10 SO 477002 that are road are stopped. | |
(2) | Section 345(3) of the Local Government Act 1974 does not apply to the | |
stopping of the roads. | 30 | |
(3) | Sections 1 and 2 SO 477002 and Section 2 SO 504602 are declared Crown land | |
subject to the Land Act 1948. | ||
Vesting of site A | ||
(4) | The fee simple estate in Tauwhare Koiora site A vests in the trustees. | |
(5) | The following land is declared a reserve and classified as a recreation reserve | 35 |
subject to section 17 of the Reserves Act 1977: | ||
(a) Tauwhare Koiora site A; and |
(b) 0.4249 hectares, more or less, being Sections 1, 3, 5, and 6 SO 504602. | ||
(6) | The reserve is named Tauwhare Koiora Recreation Reserve. | |
(7) | To avoid doubt, that part of the reserve referred to in subsection (5)(b) | |
remains owned by the Hauraki District Council. | ||
Vesting of site B | 5 | |
(8) | The fee simple estate in Tauwhare Koiora site B vests in the trustees. | |
(9) | Tauwhare Koiora site B is declared a reserve and classified as a historic reserve | |
subject to section 18 of the Reserves Act 1977. | ||
(10) | The reserve is named Tauwhare Koiora Historic Reserve. | |
Joint management of reserves and ownership of improvements | 10 | |
(11) | The joint management body is the administering body of the reserves referred | |
to in subsections (5) and (9), and the Reserves Act 1977 applies to the | ||
reserves as if the reserves were vested in the body (as if the body were trustees) | ||
under section 26 of that Act. | ||
(12) | 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 reserves. | ||
(13) | Improvements in or on Tauwhare Koiora site A or Tauwhare Koiora site B do | |
not vest in the trustees, despite the vestings referred to in subsections (4) and (8). | 20 | |
Te Iwi Rahirahi | ||
(1) | The reservation of Te Xxx Xxxxxxxx as a local purpose (esplanade) reserve | |
subject to the Reserves Act 1977 is revoked, and accordingly Xx Xxx Xxxxxxxx | ||
ceases to be part of the Hauraki Gulf Marine Park. | 25 | |
(2) | The fee simple estate in Te Iwi Rahirahi vests in the trustees. | |
(3) | Te Iwi Rahirahi is declared a reserve and classified as a local purpose (espla‐ | |
nade) reserve subject to section 23 of the Reserves Act 1977. | ||
(4) | The reserve is named Te Iwi Rahirahi Local Purpose (Esplanade) Reserve. | |
(5) | The Council is the administering body of the reserve as if the Council were | 30 |
appointed to control and manage the reserve under section 28 of the Reserves | ||
Act 1977. | ||
Future interests relating to Te Xxx Xxxxxxxx reserve land | ||
(1) | In this section and section 40, Te Iwi Rahirahi reserve land and reserve | |
land mean all or the part of Te Iwi Rahirahi that remains a reserve under the | 35 | |
Reserves Act 1977. | ||
(2) | This section applies to Te Iwi Rahirahi reserve land, but only while the trustees | |
are the owners, and the Council is the administering body, of that land. |
Interests in land | ||
(3) | Despite the Council being the administering body, the trustees may, as if they | |
were the administering body of the reserve land,— | ||
(a) accept, grant, or decline to grant any interest in land that affects the | ||
reserve land; or | 5 | |
(b) renew or vary such an interest. | ||
(4) | If a person wishes to obtain an interest in land that affects the reserve land, | |
or renew or vary such an interest, the person must apply under this section, in | ||
writing, through the Council. | ||
(5) | The Council must— | 10 |
(a) advise the trustees of any application received under subsection (4); and | ||
(b) undertake the administrative processes required by the Reserves Act | ||
1977 in relation to each application. | ||
(6) | Before the trustees determine an application, the trustees must consult the | 15 |
Council. | ||
Interests that are not interests in land | ||
(7) | The Council may— | |
(a) accept, grant, or decline to grant an interest that is not an interest in land | ||
that affects the reserve land; or | 20 | |
(b) renew or vary such an interest. | ||
Application of Reserves Act 1977 | ||
(8) | The Reserves Act 1977, except section 59A of that Act, applies to the accept‐ ing, granting, or declining of any interests under subsection (3) or (7), or the renewing or varying of such interests. | 25 |
Administration of Te Iwi Rahirahi reserve land | ||
(1) | This section applies only while the trustees are the owners of the reserve land. | |
(2) | The trustees and the Council may jointly— | |
(a) agree that the Council no longer be the administering body of the reserve | ||
land; and | 30 | |
(b) notify the Minister of Conservation (the Minister) in writing of the | ||
agreement. | ||
(3) | The Minister must, not later than 20 working days after receiving the notice, | |
publish a notice in the Gazette declaring that— | ||
(a) the Council is no longer the administering body of the reserve land; and | 35 | |
(b) the trustees are the administering body of the reserve land. |
(4) The Minister xxx, at the Minister’s sole discretion, revoke the appointment of the Council as the administering body of the reserve land, if requested in writing to do so by the trustees or the Council.
(5) Before making a decision under subsection (4), the Minister must consult the trustees and the Council. 5
(6) When the Minister has determined a request, the Minister must—
(a) notify the trustees and the Council in writing of the Minister’s decision; and
(b) if the Minister decides to revoke the appointment of the Council as the administering body of the reserve land, publish a notice in the Gazette 10
not later than 20 working days after giving notice under paragraph (a), declaring that—
(i) the Council is no longer the administering body of the reserve land; and
(ii) the trustees are the administering body of the reserve land. 15
(7) The trustees are the administering body of the reserve land on and from the date on which a notice is published under subsection (3) or (6)(b).
Vesting and administration
(1) The reservation of Te Waero Awe Houkura as a recreation reserve subject to 20
the Reserves Act 1977 is revoked.
(2) The fee simple estate in Te Waero Awe Houkura vests in the trustees.
(3) Te Waero Awe Houkura—
(a) is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977; but 25
(b) ceases to be land to which Schedule 4 of the Crown Minerals Act 1991 applies because of clause 11 of that schedule (but see section 55).
(4) The reserve is named Te Waero Awe Houkura Recreation Reserve.
(5) The Council is the administering body of the reserve as if the Council were appointed to control and manage the reserve under section 28 of the Reserves 30
Act 1977.
Management plan
(6) Despite section 41(1) of the Reserves Act 1977, as long as the Council is the administering body of Xx Xxxxx Xxx Xxxxxxx,—
(a) the management plan that is in force immediately before the settlement 35
date continues to apply to Te Waero Awe Houkura and Blackpool Recre‐ ation Reserve; and
(b) when the Council is reviewing that plan, the Council and the trustees must jointly prepare and approve the management plan for Te Waero Awe Houkura and Blackpool Recreation Reserve.
(7) Subsections (1) to (6) do not take effect until the trustees have provided the Council with an unregistered lease on the terms and conditions set out in part 5
5.2 of the documents schedule.
(8) Despite the provisions of the Reserves Act 1977, the lease—
(a) is enforceable in accordance with its terms; and
(b) is to be treated as having been granted in accordance with the Reserves
Act 1977. 10
(9) In this section,—
Blackpool Recreation Reserve means the Council-owned reserve of that name, comprising 0.1618 hectares, more or less, being Lot 437 DP 25861 and Lot 448 DP 33180, all Gazette notice 123129, North Auckland Land District
management plan means the management plan that applies to the following 15
land:
(a) North Auckland Land District, Lots 216, 372, 437, 438, 439, 440, 441, 445, 446, and 447 DP 25861; and
(b) North Auckland Land District, Lot 443 DP 22849; and
(c) North Auckland Land District, Lots 436 and 448 DP 33180. 20
42 Council improvements attached to Te Waero Awe Houkura
(1) Despite the vesting of the fee simple estate in Te Waero Awe Houhura under section 41(2), the improvements in or on Te Waero Awe Houkura do not vest in the trustees.
(2) However, subsection (1) does not apply to the improvements in respect of 25
which an unregistered lease is required by section 41(7).
43 Interests relating to Te Waero Awe Houkura reserve land
(1) In this section and section 44, Te Waero Awe Houkura reserve land and reserve land mean all or the part of Te Waero Awe Houkura that remains a reserve under the Reserves Act 1977. 30
(2) This section applies to Te Waero Awe Houkura reserve land, but only while the trustees are the owners, and the Council is the administering body, of that land.
Interests in land except lease to Otherworld Productions Incorporated
(3) Despite the Council being the administering body, the trustees may, as if they
were the administering body of the reserve land,— 35
(a) accept, grant, or decline to grant any new interest in land that affects the reserve land, or may renew or vary such an interest; and
(b) renew or vary the lease referred to section 41(7) (the existing lease).
(4) | A person must apply in writing under this section, through the Council,— | |
(a) to obtain a new interest in land in the reserve land, or to renew or vary | ||
such an interest; and | ||
(b) to renew or vary the existing lease. | ||
(5) | The Council must— | 5 |
(a) advise the trustees of any application received under subsection (4); | ||
and | ||
(b) undertake the administrative processes required by the Reserves Act | ||
1977 in relation to each application. | ||
(6) | Before the trustees determine an application, the trustees must consult the | 10 |
Council. | ||
Interests that are not interests in land and lease to Otherworld Productions | ||
Incorporated | ||
(7) | The Council may— | |
(a) accept, grant, or decline to grant an interest that is not an interest in land | 15 | |
that affects the reserve land, or may renew or vary such an interest; and | ||
(b) renew or vary the lease to Otherworld Productions Incorporated. | ||
Application of Reserves Act 1977 | ||
(8) | The Reserves Act 1977, except section 59A of that Act, applies to the accept‐ | |
ing, granting, or declining of any interests under subsection (3) or (7), or the | 20 | |
renewing or varying of such interests. | ||
(9) | In subsection (7), lease to Otherworld Productions Incorporated means the unregistered lease to that incorporation dated 9 July 2008 (see Schedule 1, third column, item relating to Te Waero Awe Houkura). | |
Administration of Te Waero Awe Houkura reserve land | 25 | |
(1) | This section applies only while the trustees are the owners of the reserve land. | |
(2) | The trustees and the Council may jointly— | |
(a) agree that the Council no longer be the administering body of the reserve | ||
land; and | ||
(b) notify the Minister of Conservation (the Minister) in writing of this | 30 | |
agreement. | ||
(3) | The Minister must, not later than 20 working days after receiving the notice, | |
publish a notice in the Gazette declaring that— | ||
(a) the Council is no longer the administering body of the reserve land; and | ||
(b) the trustees are the administering body of the reserve land. | 35 | |
(4) | The Minister xxx, at the Minister’s sole discretion, revoke the appointment | |
of the Council as the administering body of the reserve land if requested in | ||
writing to do so by the trustees or the Council. |
(5) (6) | Before making a decision under subsection (4), the Minister must consult the trustees and the Council. When the Minister has determined a request, the Minister must— | |
(a) notify the trustees and the Council in writing of the Minister’s decision; | ||
and | 5 | |
(b) if the Minister decides to revoke the appointment of the Council as the | ||
administering body of the reserve land, publish a notice in the Gazette | ||
not later than 20 working days after giving notice under paragraph (a), | ||
declaring that— | ||
(i) the Council is no longer the administering body of the reserve | 10 | |
land; and | ||
(ii) the trustees are the administering body of the reserve land. | ||
(7) | The trustees are the administering body of the reserve land on and from the | |
date on which a notice is published under subsection (3) or (6)(b). | ||
General provisions applying to vesting of cultural redress properties | 15 | |
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. | ||
Interests in Papakura Pā | 20 | |
(1) | This section applies to Papakura Pā (the property). | |
(2) | Any interest in land that affects the property must be dealt with for the pur‐ | |
poses of registration as if the Crown were the registered owner of the land. | ||
(3) | Subsection (2) continues to apply despite any subsequent transfer of the property under section 62. | 25 |
(4) | Subsections (5) and (6) apply to an interest listed for the property in Schedule 1 for which there is a grantor, whether or not the interest also | |
applies to land outside the property. | ||
(5) | The Crown remains the grantor of the interest. | |
(6) | The interest applies— | 30 |
(a) until the interest expires or is terminated, but any subsequent transfer of | ||
the property must be ignored in determining whether the interest expires | ||
or is or may be terminated; and | ||
(b) despite any change in status of the land in the property; and | ||
(c) with any other necessary modifications. | 35 |
Interests in land for certain properties | ||
(1) | This section applies to all or the part of each property listed in subsection (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 properties are— | |
(a) Omaru; and | ||
(b) Tauwhare Koiora site A (being the part of the Tauwhare Koiora Recre‐ | ||
ation Reserve vested in the trustees); and | ||
(c) Sections 1, 3, 5, and 6 SO 504602 (being the part of the Tauwhare | 10 | |
Koiora Recreation Reserve owned by the Hauraki District Council); and | ||
(d) Tauwhare Koiora site B. | ||
(3) | If a property is affected by an interest in land listed for the property in Sched- ule 1, the interest applies as if the administering body were the grantor, or the | |
grantee, as the case may be, of the interest in respect of the reserve land. | 15 | |
(4) | 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. | ||
(5) | However, subsections (3) and (4) do not affect the registration of the ease‐ ment referred to in section 26(8). | 20 |
(6) | Subsection (3) continues to apply to the reserve land described in subsec- tion (2)(a), (b), and (d) despite any subsequent transfer of the land under section 62. | |
Interests that are not interests in land | ||
(1) | Subsections (2) and (3) apply if a cultural redress property is subject to | 25 |
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 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 | 30 | |
subsection (3) applies. | ||
(3) | If all or part of the cultural redress property is reserve land to which section 47 applies, the interest applies as if the administering body of the reserve land | |
were the granter of the interest in respect of the reserve land. | ||
(4) | The interest applies— | 35 |
(a) until the interest expires or is terminated, but any subsequent transfer of | ||
the cultural redress property must be ignored in determining whether the | ||
interest expires or is or may be terminated; and | ||
(b) with any other necessary modifications; and |
(c) despite any change in status of the land in the property. | ||
Council-owned part of Tauwhare Koiora Recreation Reserve | ||
(5) | Subsections (6) and (7) apply to Sections 1, 3, 5, and 6 SO 504602 (being the part of Tauwhare Koiora Recreation Reserve owned by the Hauraki District | |
Council). | 5 | |
(6) | The joint management body must be treated as the grantor of the licence to | |
occupy the land (dated 28 February 2013) in favour of the Kaiaua Boating | ||
Club. | ||
(7) | The licence applies— | |
(a) until it expires or is terminated, but any subsequent transfer of the | 10 | |
property must be ignored in determining whether the licence expires or | ||
is or may be terminated; and | ||
(b) with any other necessary modifications; and | ||
(c) despite any change in status of the land. | ||
(8) | Nothing in this section applies to Papakura Pā. | 15 |
Registration of ownership | ||
Cultural redress properties vested in trustees | ||
(1) | Subsections (2) to (7) apply to a cultural redress property vested in the trustees under this subpart. | |
(2) | Subsection (3) applies to a cultural redress property (other than Omaru), but only to the extent that the property is all of the land contained in a record of | 20 |
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‐ | ||
erty; and | 25 | |
(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, but only to the extent that subsection (2) does not apply to the property; and | 30 | |
(b) Omaru. | ||
(5) | 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 trustees; and | 35 | |
(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) | Subsection (5) is subject to the completion of any survey necessary to create a record of title. | |
(7) | 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 | 5 | |
(b) any later date that is agreed in writing by the Crown and the trustees. | ||
Council-owned part of Tauwhare Koiora Recreation Reserve | ||
(8) | Subsection (9) applies to the part of Tauwhare Koiora Recreation Reserve that is Sections 1, 3, 5, and 6 SO 504602, part Proclamation 4684. | |
(9) | The Registrar-General must, in accordance with a written application by an | 10 |
authorised person,— | ||
(a) create a record of title for the fee simple estate in the property in the | ||
name of the Hauraki District Council; 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. | 15 | |
(10) | 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 cultural properties: | ||
(i) Tauwhare Koiora site A: | ||
(ii) Tauwhare Koiora site B: | 20 | |
(iii) the part of Tauwhare Koiora Recreation Reserve that is Sections 1, | ||
3, 5, and 6 SO 504602: | ||
(b) the chief executive of the Ministry of Education, for the Kaiaua School | ||
property: | ||
(c) the chief executive of the Ministry of Housing and Urban Development, | 25 | |
for Xxxx-nui-o-te-paua: | ||
(d) the chief executive of the Ministry of Housing and Urban Development | ||
and a person authorised by the Director-General, for Omaru: | ||
(e) the Director-General, for all other properties. | ||
Application of Part 4A of Conservation Act 1987 | 30 | |
(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 | 35 |
reserve property. | ||
(3) | If the reservation of a reserve property under this subpart is revoked for all | |
or part of the property, the vesting of the property is no longer exempt from |
section 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property. | ||
(4) | Subsections (2) and (3) do not limit subsection (1). | |
(5) | Subsection (3) does not apply to Papakura Pā. | |
Matters to be recorded on record of title | 5 | |
(1) | The Registrar-General must record on any record of title,— | |
(a) for a reserve property (other than Papakura Pā),— | ||
(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 50(3) and 60; and | ||
(B) section 47(4), in the case of Tauwhare Koiora site A, Tauwhare Koiora site B, and Omaru; and | ||
(b) for Papakura Pā,— | ||
(i) that the land is subject to Part 4A of the Conservation Act 1987, | 15 | |
but that section 24 of that Act does not apply; and | ||
(ii) that the land is subject to sections 35(4) to (7), 46(2), and 60; and | ||
(c) for the Kaiaua School property and Xxxx-nui-o-te-paua, that the land is | ||
subject to Part 4A of the Conservation Act 1987. | 20 | |
(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) | The Registrar-General must record on the record of title for the part of Tau‐ | |
whare Koiora Recreation Reserve that is Sections 1, 3, 5, and 6 SO 504602 that the land is subject to section 47(4). | 25 | |
Effect of change of status of certain reserve properties | ||
(1) | For a reserve property (other than Tauwhare Koiora site A, Xxxxxxxx Xxxxxx | |
site B, Omaru, and Papakura Pā), if the reservation of the property under this | ||
subpart is revoked— | 30 | |
(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— | ||
(i) section 24 of the Conservation Act 1987 does not apply to the | ||
property; and | 35 | |
(ii) the property is subject to sections 50(3) and 60; or |
(b) for part of the property, the Registrar-General must ensure that the nota‐ tions referred to in paragraph (a) remain only on the record of title for the part of the property that remains a reserve.
(2) For Tauwhare Koiora site A, Tauwhare Koiora site B, and Omaru,—
(a) if the property remains a reserve but no longer has an administering 5 body that is treated as if the land were vested in it, the Director-General must apply in writing to the Registrar-General to remove from the record
of title for the property the notation that the property is subject to
section 47(4); or
(b) if the reservation of the property under this subpart is revoked for— 10
(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
that property; and 15
(B) the property is subject to sections 50(3) and 60; and
(C) the property is subject to section 47(4), 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 20
record of title for the part of the property that remains a reserve.
Council-owned part of Tauwhare Koiora Recreation Reserve
(3) For the part of Tauwhare Koiora Recreation Reserve that is Sections 1, 3, 5, and 6 SO 504602,—
(a) if the property remains a reserve but the joint management body is no 25
longer the administering body of the property, the chief executive of the Hauraki District Council must apply in writing to the Registrar-General to remove from the record of title for the property the notation that the property is subject to section 47(4); or
(b) if the reservation of the property under this subpart is revoked for— 30
(i) all of the property, the chief executive of the Hauraki District Council must apply in writing to the Registrar-General to remove from the record of title for the property the notation that the property is subject to section 47(4), if that notation has not been
removed under paragraph (a); or 35
(ii) part of the property, the Registrar-General must ensure that the notation referred to in paragraph (b)(i) remains only on the record of title for the part of the property that remains a reserve.
(4) The Registrar-General must comply with an application received in accordance
with subsection (1)(a), (2)(a), (2)(b)(i), (3)(a), or (3)(b)(i). 40
Application of other enactments | ||
(1) | The Crown Minerals Act 1991 applies, subject to sections 55 and 56 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 | 5 |
1974 is not required for laying out, forming, granting, or reserving a private | ||
road, private way, or right of way required to fulfil the terms of the deed of | ||
settlement in relation to a cultural redress property. | ||
(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. | 10 | |
(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. | 15 | |
Names of Crown protected areas discontinued | ||
(1) | Subsection (2) applies to the land, or the part of the land, in a cultural redress | |
property (other than Papakura Pā) that, immediately before the settlement date, | ||
was all or part of a Crown protected area. | ||
(2) | The official geographic name of the Crown protected area is discontinued in | 20 |
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. | 25 |
Access to land under Crown Minerals Act 1991
Certain land to be treated as if included in Schedule 4 of Crown Minerals Act 1991 | ||
(1) | This section and section 56 apply to each of the following properties (the relevant properties) on and from the date on which each property vests in the | 30 |
trustees under this subpart: |
(a) Māwhitipana:
(b) Paoa Ururoa:
(c) Paoa Ururua:
(d) Papakura Pā: 35
(e) Pokai Wawahi Ika:
(f) Te Waero Awe Houkura.
(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). | |
(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 56(2)(b) of this | 5 | |
Act. | ||
(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 prop‐ erties are no longer owned by the Crown or, in the case of all properties | 10 | |
other than Papakura Pā, held or managed by the Crown; and | ||
(b) because of section 130, certain minerals are owned by the trustees. | ||
(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 | 15 | |
reference to the trustees in the case of all properties other than Papakura | ||
Pā: | ||
(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 130. | ||
(6) | In subsections (4)(b) and (5) and section 56(2)(a), trustees includes, if relevant, a subsequent owner of a relevant property. | 20 |
When land may be treated as no longer included in Schedule 4 of Crown | ||
Minerals Act 1991 | ||
(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 | 25 | |
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 | ||
Resources and the Minister of Conservation, after those Ministers— | ||
(i) have consulted the trustees; and | 30 | |
(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. | ||
Further provisions applying to reserve properties
Application of other enactments to reserve properties | 35 | |
(1) | The trustees are the administering body of a reserve property, except in the case of— | |
(a) Omaru; and |
(b) Tauwhare Koiora Site A and Tauwhare Koiora site B; and
(c) Xx Xxx Xxxxxxxx; and
(d) Te Waero Awe Houkura.
(See sections 26(6), 37(11), 38(5), and 41(5).)
(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 Auckland Council is the administering body of Omaru, subsection
(2) does not apply in respect of that property.
(7) While the Auckland Council is the administering body of Xx Xxx Xxxxxxxx and
Te Waero Awe Houkura (or either of them) (the properties),— 20
(a) subsection (2) does not apply in respect of the properties; and
(b) the Council must, to the extent that it is reasonably practicable to distin‐ guish the revenue derived from the properties from any other revenue received by the Council,—
(i) hold the revenue received from the properties by the Council in its 25
capacity as the administering body; and
(ii) account for that revenue separately from any other revenue of the Council; and
(iii) use that revenue only in relation to the properties.
(8) While the joint management body is the administering body of Xxxxxxxx 30
Koiora site A and Tauwhare Koiora site B (or 1 of them) (the properties),—
(a) subsection (2) does not apply in respect of the properties; and
(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 Hauraki District Council must, to the extent that it is reasonably 35
practicable to distinguish the revenue derived from the properties from any other revenue received by the Council,—
(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 any other revenue of the Council; and | ||
(iii) use that revenue, under the direction of the joint management body, but only in relation to the properties that continue to be administered by the joint management body. | 5 | |
(9) | Subsections (1) to (4) do not apply to Papakura Pā. | |
Joint management body for Tauwhare Koiora reserves | ||
(1) | A joint management body is established for— | |
(a) Tauwhare Koiora site A (being the part of the Tauwhare Koiora Recre‐ ation Reserve that is vested in the trustees); and | 10 | |
(b) Sections 1, 3, 5, and 6 SO 504602 (being the part of the Tauwhare Koiora Recreation Reserve that is owned by the Hauraki District Coun‐ cil); and | ||
(c) Tauwhare Koiora site B (being the Tauwhare Koiora Historic Reserve). | ||
(2) | The following are appointers for the purposes of this section: | 15 |
(a) the trustees; and
(b) the Hauraki District Council.
(3) | Each appointer must appoint 2 members to the joint management body. | |
(4) | At least 1 member of the members appointed by the Hauraki District Council | |
must be an elected member whose area of representation includes the Tauwhare | 20 | |
Koiora reserves. | ||
(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 be no earlier | 25 | |
than the date of the notice. | ||
(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 | 30 |
triennial general election under the Local Electoral Act 2001. | ||
(8) | A member may be appointed, reappointed, or discharged at the discretion of | |
the appointer. | ||
(9) | In this section and section 59, Tauwhare Koiora reserves means Tauwhare | |
Koiora Recreation Reserve and Tauwhare Koiora Historic Reserve. | 35 | |
Application of Reserves Act 1977 to joint management body | ||
(1) | Unless otherwise provided by this section, sections 32 to 34 of the Reserves | |
Act 1977 apply to the joint management body (the 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:
(b) despite section 32(5) of that Act,— 5
(i) the Hauraki District Council must appoint the chairperson and the trustees must appoint the deputy chairperson for the first term of the body; and
(ii) in succeeding 3-year terms, the appointers of the chairperson and
the deputy chairperson must alternate between the Hauraki Dis‐ 10
trict Council and the trustees:
(c) despite section 32(7) of that Act,—
(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 15
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:
(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, a 20
question must be determined by majority vote:
(f) despite section 41(1) of that Act, the body must prepare and approve a management plan for the Tauwhare Koiora reserves not later than 5 years after the settlement date.
(3) In this section, consensus means the absence of a formally recorded dissent by 25
a member at a meeting of the body.
60 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. 30
(2) The fee simple estate in the reserve land in Papakura Pā may be transferred only in accordance with section 62.
(3) The fee simple estate in the reserve land in any other reserve property may be transferred only in accordance with section 61 or 62.
(4) In this section and sections 61 to 63, reserve land means the land that 35
remains a reserve as described in subsection (1).
Transfer of reserve land to new administering body | ||
(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) | The Minister of Conservation must give written consent to the transfer if the | 5 |
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. | ||
(3) | The Registrar-General must, upon receiving the required documents, register | |
the new owners as the owners of the fee simple estate in the reserve land. | 10 | |
(4) | The required documents are— | |
(a) a transfer instrument to transfer the fee simple estate in the reserve land | ||
to the new owners, including a notification that the new owners are to | ||
hold the reserve land for the same reserve purposes as those for which it | ||
was held by the administering body immediately before the transfer; and | 15 | |
(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 and are not the administering | ||
body; and | 20 | |
(d) any other document required for the registration of the transfer instru‐ | ||
ment. | ||
(5) | 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 | 25 | |
was held by the administering body immediately before the transfer. | ||
(6) | A transfer that complies with this section need not comply with any other | |
requirements. | ||
Transfer of reserve land if trustees change | ||
The registered owners of the reserve land may transfer the fee simple estate in | 30 | |
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 | ||
has been appointed to the trust or any transferor has ceased to be a | ||
trustee of the trust; and | 35 | |
(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. |
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 | 5 |
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 | ||
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 | 10 |
revoked under the Conservation Act 1987 or the Reserves Act 1977. | ||
Right to construct pou whenua on certain reserves | ||
(1) | The trustees may construct pou whenua on the Papakura Pā Scientific Reserve | |
and Te Haupa Island Scenic Reserve. | 15 | |
(2) | For the purposes of the Reserves Act 1977, the construction of a pou whenua under subsection (1) must be treated as having been carried out with the approvals or consents required under that Act. | |
(3) | To avoid doubt, nothing in this section removes any obligations of the trustees | |
in respect of obtaining any other consents or approvals required to construct | 20 | |
pou whenua on the reserves (for example, a building consent under the Build‐ | ||
ing Act 2004). | ||
(4) | In this section,— | |
Papakura Pā Scientific Reserve means 1.0000 hectares, more or less, being | ||
Section 2 SO 498956 | 25 | |
pou whenua means a traditional boundary marker | ||
Te Haupa Island Scenic Reserve means Allotment 298 Parish of Mahurangi, | ||
North Auckland Land District, to the extent that it is not within the coastal | ||
marine area. | ||
Consequential amendments to Hauraki Gulf Marine Park Act 2000 | 30 | |
Amendments to Hauraki Gulf Marine Park Act 2000 | ||
Section 67 amends the Hauraki Gulf Marine Park Act 2000. | ||
Schedule 5 amended | ||
In Schedule 5, insert in their appropriate alphabetical order: |
The land described as Paoa Ururoa in Part 1 of Schedule 1 of the Ngāti Paoa Claims Settlement Act 2022, with effect on and from the settlement date, as defined in section 12 of that Act. | ||
The land described as Paoa Ururua in Part 1 of Schedule 1 of the Ngāti Paoa Claims Settlement Act 2022, with effect on and from the settlement | 5 | |
date, as defined in section 12 of that Act. | ||
The land described as Pokai Wawahi Ika in Part 1 of Schedule 1 of the Ngāti Paoa Claims Settlement Act 2022, with effect on and from the settlement date, as defined in section 12 of that Act. | ||
00 | ||
Interpretation | ||
In this subpart,— | ||
court means the Māori Land Court | ||
descendants means the descendants of Xxxxxxxxx, Hako, and Hei | 15 | |
Maori freehold land has the meaning given in section 4 of Te Ture Whenua | ||
Maori Act 1993 | ||
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 | 20 | |
the Reserves Act 1977 after the property has vested in the descendants under | ||
section 69(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 | 25 | |
1953. | ||
Xxxxxxxx xxxxx in descendants | ||
(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 | 30 |
column of the table in Part 2 of Schedule 1. | ||
(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— | 35 |
(a) a nature reserve subject to section 20 of the Reserves Act 1977; and |
(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. | 5 |
(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— | 10 | |
(a) the review of the Grey-Faced Petrel (Northern Muttonbird) Notice 1979 | ||
(see section 76(1)(a) of the Ngāti Hei Claims Settlement Act 2022): | ||
(b) any proposal under section 24 of the Reserves Act 1977— | ||
(i) to change the classification or purpose of that land; or | 15 | |
(ii) to revoke the reserve status of that land. | ||
Change of classification or purpose | ||
(2) | If the Minister of Conservation decides to change the classification or purpose | |
of all or part of Ruamāhua as a reserve under section 24 of the Reserves Act | ||
1977, the Minister must first obtain consent to the proposed change from the | 20 | |
representatives of the descendants. | ||
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 71 must be met. | 25 | |
(4) | If the reservation of all or part of Ruamāhua as a reserve is revoked, Te Ture | |
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 | 30 |
of Ruamāhua as a reserve, the Director-General must provide written notice of | ||
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. | 35 |
(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,— | ||
(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,— 5
(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
(c) set out the terms of the trust; and
(d) appoint trustees under section 222 of Te Ture Whenua Maori Act 1993, 10
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.
(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. 15
(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 20
(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 25
(b) the Minister of Conservation must revoke the reservation of all or part of Ruamāhua as a reserve.
72 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 69(1), the Director-General must notify the Registrar— 30
(a) of the status of Ruamāhua as Maori freehold land; and
(b) that sections 70 and 71 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. 35
(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 | ||
obligations in the name of the Crown. | ||
(2) | Subsection (1) applies despite— | 5 |
(a) the vesting of Ruamāhua in the descendants; or | ||
(b) the registration of the descendants as the registered owners of Xxxxx‐ | ||
xxx. | ||
(3) | The Registrar-General and any other relevant person must have regard to subsection (1). | 10 |
Application of Reserves Act 1977 and Fire and Emergency New Zealand | ||
Act 2017 | ||
(1) | Despite the vesting of Ruamāhua under section 69(1), the Reserves Act 1977 applies to the reserve land as if it were vested in the Crown. | |
(2) | To avoid doubt, because of subsection (1),— | 15 |
(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 | 20 | |
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,— | 25 |
(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 2 of Schedule 1, and for which there is a grantor, whether or not the interest also applies to land that is not part | 30 |
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. | 35 |
(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 | ||
Xxxxxxxx must be ignored in determining whether the interest expires | ||
or is or may be terminated; and | ||
(b) with any other necessary modifications; and | 5 | |
(c) despite any change in status of the land in the property. | ||
Application of Part 4A of Conservation Act 1987 | ||
(1) | The vesting of the fee simple estate in Ruamāhua as a reserve 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 | 10 | |
disposition. | ||
(2) | Section 24 of the Conservation Act 1987 does not apply to the vesting of | |
Ruamāhua. | ||
(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 | 15 | |
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 | ||
(1) | The Registrar-General must record on the record of title for Ruamāhua created | |
under section 82 of the Ngāti Hei Claims Settlement Act 2022— | 20 | |
(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 69(3) and 70); and | 25 | |
(c) that the land is subject to sections 69(5) and 73. | ||
(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. | ||
(3) | If the reservation of Ruamāhua as a reserve is revoked— | 30 |
(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 69(5) and 73; or | ||
(b) for part of the property, the Director-General must apply in writing to | ||
the Registrar-General to remove from the record of title for the property | 35 | |
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). | |
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. | 5 |
(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 | 10 | |
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 | 15 | |
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. | 20 | |
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 69: | ||
(a) any bylaw: | 25 | |
(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. | 30 | |
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 | 35 | |
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) and (b) and (3) of the Act; but
(b) state in the notice that the new name became an official geographic name on the settlement date. 5
(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 10
official geographic name has the meaning given in section 4 of the Act.
Subpart 3—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 | ||
Pūkorokoro / Xxxxxxx Xxxxxxxxx Government Purpose Reserve Wildlife | ||
Management Area means Lot 4 DP 181190, Lots 2 and 3 DP 211445, Lots | ||
1 and 2 DP 182633, Lots 4 and 5 DP 199696, Part Lot 3 DP 33407, Sec‐ | ||
tions 4, 5, and 7 Block VI Wharekawa Survey District, Te Moko Block, and | 20 | |
Part Wharekawa 1G1, North Auckland Land District (as shown in yellow on | ||
OTS-403-278), to the extent that they are not within the coastal marine area | ||
Te Haupa Island Scenic Reserve means Allotment 298 Parish of Mahurangi, | ||
North Auckland Land District (as shown in yellow on OTS-403-279), to the | ||
extent that it is not within the coastal marine area | 25 | |
vesting date means— | ||
(a) the date proposed by the trustees in accordance with section 83(1) to (3) or 85(1) to (3) (as relevant); or | ||
(b) the date that is 1 year after the settlement date, if no date is proposed. | ||
Notice appointing delayed vesting date for Pūkorokoro / Miranda | 30 | |
Taramaire Government Purpose Reserve Wildlife Management Area | ||
(1) | The trustees may give written notice to the Minister of Conservation of the date | |
on which the Pūkorokoro / Xxxxxxx Xxxxxxxxx Government Purpose Reserve | ||
Wildlife Management Area is to vest in the trustees. | ||
(2) | The proposed date must not be later than 1 year after the settlement date. | 35 |
(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 | |
(b) stating that the fee simple estate in the Pūkorokoro / Xxxxxxx Xxxxxxxxx | ||
Government Purpose Reserve Wildlife Management Area vests in the | ||
trustees on the vesting date. | 5 | |
(5) | The notice must be published as early as practicable before the vesting date. | |
Delayed vesting and vesting back of Pūkorokoro / Xxxxxxx Xxxxxxxxx | ||
Government Purpose Reserve Wildlife Management Area | ||
(1) | The fee simple estate in the Pūkorokoro / Xxxxxxx Xxxxxxxxx Government | |
Purpose Reserve Wildlife Management Area vests in the trustees on the vesting | 10 | |
date. | ||
(2) | On the seventh day after the vesting date, the fee simple estate in the Pūkoro‐ | |
koro / Xxxxxxx Xxxxxxxxx Government Purpose Reserve Wildlife Management | ||
Area vests in the Crown. | ||
(3) | However, the following matters apply as if the vestings had not occurred: | 15 |
(a) the Pūkorokoro / Xxxxxxx Xxxxxxxxx Government Purpose Reserve | ||
Wildlife Management Area remains a reserve under the Reserves Act | ||
1977; and | ||
(b) any enactment, instrument, or interest that applied to the Pūkorokoro / | ||
Xxxxxxx Xxxxxxxxx Government Purpose Reserve Wildlife Management | 20 | |
Area immediately before the vesting date continues to apply to it; and | ||
(c) to the extent that the overlay classification applies to the Pūkorokoro / | ||
Xxxxxxx Xxxxxxxxx Government Purpose Reserve Wildlife Management | ||
Area immediately before the vesting date, it continues to apply to the | ||
property; and | 25 | |
(d) the Crown retains all liability for the Pūkorokoro / Xxxxxxx Xxxxxxxxx | ||
Government Purpose Reserve Wildlife Management Area. | ||
(4) | The vestings are not affected by— | |
(a) Part 4A of the Conservation Act 1987; or | ||
(b) section 10 or 11 of the Crown Minerals Act 1991; or | 30 | |
(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 Part 4 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act | |
2014. | 35 | |
Notice of delayed vesting date for Te Haupa Island Scenic Reserve | ||
(1) | The trustees may give written notice to the Minister of Conservation of the date | |
on which the Te Haupa Island Scenic Reserve is to vest in the trustees. |
(2) | The proposed date must not be later than 1 year 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 the Te Haupa Island Scenic Reserve | ||
vests in the trustees on the vesting date. | ||
(5) | The notice must be published as early as practicable before the vesting date. | |
Delayed vesting and vesting back of Te Haupa Island Scenic Reserve | ||
(1) | The fee simple estate in the Te Haupa Island Scenic Reserve vests in the | 10 |
trustees on the vesting date. | ||
(2) | On the seventh day after the vesting date, the fee simple estate in the Te Haupa | |
Island Scenic Reserve vests in the Crown. | ||
(3) | However, the following matters apply as if the vestings had not occurred: | |
(a) the Te Haupa Island Scenic Reserve remains a reserve under the | 15 | |
Reserves Act 1977; and | ||
(b) any enactment, instrument, or interest that applied to the Te Haupa | ||
Island Scenic Reserve immediately before the vesting date continues to | ||
apply to it; and | ||
(c) to the extent that the overlay classification applies to the Te Haupa | 20 | |
Island Scenic Reserve immediately before the vesting date, it continues | ||
to apply to the property; and | ||
(d) the Crown retains all liability for the Te Haupa Island Scenic Reserve. | ||
(4) | The vestings are not affected by— | |
(a) Part 4A of the Conservation Act 1987; or | 25 | |
(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 any enactment that provides for the reserve to be RFR land. | 30 |
Subpart 4—Overlay classification
In this subpart,—
Conservation Board means a board established under section 6L of the Con‐ servation Act 1987 35
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 88(1) to be subject to the overlay classification; but | 5 | |
(b) does not include an area that is declared under section 99(1) to be no longer subject to the overlay classification | ||
overlay classification means the application of this subpart to each overlay | ||
area | ||
protection principles, for an overlay area,— | 10 | |
(a) means the principles agreed by the trustees and the Minister of Xxxxxx‐ | ||
vation, as set out for the area in part 1 of the documents schedule; and | ||
(b) includes those principles as they are amended by the written agreement | ||
of the trustees and the Minister of Conservation | ||
specified actions, for an overlay area, means the actions set out for the area in | 15 | |
part 1 of the documents schedule | ||
statement of values, for an overlay area, means the statement— | ||
(a) made by Ngāti Paoa of their values relating to their cultural, historical, | ||
spiritual, and traditional association with the overlay area; and | ||
(b) set out in part 1 of the documents schedule. | 20 | |
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. | |
(2) | The Crown acknowledges the statements of values for the overlay areas. | |
Purposes of overlay classification | 25 | |
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 91; and | ||
(b) to enable the taking of action under sections 92 to 97. | ||
Effect of protection principles | 30 | |
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 | ||
Boards | ||
(1) | When the New Zealand Conservation Authority or a Conservation Board con‐ | 35 |
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—
(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 | 5 |
Zealand Conservation Authority or a Conservation Board must— | ||
(a) consult the trustees; and | ||
(b) have particular regard to the views of the trustees as to the effect of the | ||
strategy or plan on— | ||
(i) any matters in the implementation of the statement of values for | 10 | |
the area; and | ||
(ii) any matters in the implementation of the protection principles for | ||
the area. | ||
(3) | If the trustees advise the New Zealand Conservation Authority in writing that | |
they have significant concerns about a draft conservation management strategy | 15 | |
in relation to an overlay area, the Authority must, before approving the strat‐ | ||
egy, give the trustees an opportunity to make submissions in relation to those | ||
concerns. | ||
Noting of overlay classification in strategies and plans | ||
(1) | The application of the overlay classification to an overlay area must be noted | 20 |
in any conservation management strategy, conservation management plan, or | ||
national park management plan affecting the area. | ||
(2) | The noting of the overlay classification is— | |
(a) for the purpose of public notice only; and | ||
(b) not an amendment to the strategy or plan for the purposes of section 17I | 25 | |
of the Conservation Act 1987 or section 46 of the National Parks Act | ||
1980. | ||
Notification in Gazette | ||
(1) | The Minister of Conservation must notify in the Gazette, as soon as practicable | |
after the settlement date,— | 30 | |
(a) the declaration made by section 88 that the overlay classification applies to the overlay areas; and | ||
(b) the protection principles for each overlay area. | ||
(2) | An amendment to the protection principles, as agreed by the trustees and the | |
Minister of Conservation, must be notified by the Minister in the Gazette as | 35 | |
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 94 or 95. |
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. | 5 | |
(3) | The Director-General must notify the 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 | 10 | |
plan to incorporate objectives for the protection principles that relate to an | ||
overlay area. | ||
(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 | 15 |
the Conservation Act 1987 or section 46(1) to (4) of the National Parks Act | ||
1980. | ||
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‐ | 20 | |
ing purposes: | ||
(a) to provide for the implementation of objectives included in a strategy or | ||
plan under section 95(1): | ||
(b) to regulate or prohibit activities or conduct by members of the public in | ||
relation to an overlay area: | 25 | |
(c) to create offences for breaches of regulations made under paragraph (b): | ||
(d) to prescribe the following fines for an offence referred to in paragraph (c): | ||
(i) a fine not exceeding $5,000; and | 30 | |
(ii) if the offence is a continuing one, an additional amount not | ||
exceeding $500 for every day on which the offence continues. | ||
(2) | Regulations made under this section are secondary legislation (see Part 3 of the | |
Legislation Act 2019 for publication requirements). | ||
Bylaws | 35 | |
(1) | The Minister of Conservation may make bylaws for 1 or more of the following | |
purposes: |
(a) to provide for the implementation of objectives included in a strategy or | ||
plan under section 95(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): | 5 | |
(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. | 10 | |
(2) | Bylaws made under this section are secondary legislation (see Part 3 of the | |
Legislation Act 2019 for publication requirements). | ||
Effect of overlay classification on overlay areas | ||
(1) | This section applies if, at any time, the overlay classification applies to any | |
land in— | 15 | |
(a) a national park under the National Parks Act 1980; or | ||
(b) a conservation area under the Conservation Act 1987; or | ||
(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 | 20 | |
(b) the classification or purpose of a reserve. | ||
Termination of overlay classification | ||
(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. | 25 | |
(2) | The Minister of Conservation must not make a recommendation for the pur‐ | |
poses of subsection (1) unless— | ||
(a) the trustees and the Minister of Conservation have agreed in writing that | ||
the overlay classification is no longer appropriate for the relevant area; | ||
or | 30 | |
(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, | ||
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 trustees continue to | 35 |
have input into the management of a relevant area if— | ||
(a) subsection (2)(c) applies; or |
(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 under this section is | |
published in the Gazette. | ||
Exercise of powers and performance of functions and duties | 5 | |
(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 | 10 | |
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). | |
(4) | This section is subject to the other provisions of this subpart. | |
Rights not affected | 15 | |
(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 | ||
(b) have the effect of granting, creating, or providing evidence of an estate | ||
or interest in, or rights relating to, an overlay area. | 20 | |
(2) | This section is subject to the other provisions of this subpart. | |
Interpretation | ||
In this subpart,— | ||
relevant consent authority, for a statutory area, means a consent authority of | 25 | |
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 Paoa of their particular cultural, historical, spiritual, and | ||
traditional association with the statutory area; and | ||
(b) set out in part 2 of the documents schedule | 30 | |
statutory acknowledgement means the acknowledgement made by the Crown in section 103 in respect of the statutory areas, on the terms set out in this subpart | ||
statutory area means an area described in Schedule 3, the general location of which is indicated on the deed plan for that area | 35 |
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 of the Resource Management Act 1991; and | ||
(b) includes a proposed plan, as defined in section 43AAC of that Act. | 5 | |
Statutory acknowledgement by the Crown | ||
The Crown acknowledges the statements of association for the statutory areas. | ||
Purposes of statutory acknowledgement | ||
The only purposes of the statutory acknowledgement are— | ||
(a) to require relevant consent authorities, the Environment Court, and | 10 | |
Heritage New Zealand Pouhere Taonga to have regard to the statutory | ||
acknowledgement, in accordance with sections 105 to 107; and | ||
(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 | 15 | |
of applications to the trustees, in accordance with sections 108 and 109; and | ||
(c) to enable the trustees and any member of Ngāti Paoa to cite the statutory | ||
acknowledgement as evidence of the association of Ngāti Paoa with a | ||
statutory area, in accordance with section 110. | 20 | |
Relevant consent authorities to have regard to statutory acknowledgement | ||
(1) | This section applies in relation to an application for a resource consent for an | |
activity within, adjacent to, or directly affecting a statutory area. | ||
(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, | 25 | |
under section 95E of the Resource Management Act 1991, whether the trustees | ||
are affected persons in relation to the activity. | ||
(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 | 30 | |
(1) | This section applies to proceedings in the Environment Court in relation to an | |
application for a resource consent for an activity within, adjacent to, or directly | ||
affecting a statutory area. | ||
(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 | 35 | |
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 | ||
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 | ||
(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. | 5 |
(2) | On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48, 56, or 62 of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to the application. | 10 |
(3) | On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area— | |
(a) in determining whether the trustees are persons directly affected by the decision; and | 15 | |
(b) in determining, under section 59(1) or 64(1) of the Heritage New Zea‐ land Pouhere Taonga Act 2014, an appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application. | ||
(4) | In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014. | 20 |
Recording statutory acknowledgement on statutory plans | ||
(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. | 25 |
(2) | The information attached to a statutory plan must include— | |
(a) a copy of sections 103 to 107, 109, and 110; and | ||
(b) descriptions of the statutory areas wholly or partly covered by the plan; and | ||
(c) the statement of association for each statutory area. | 30 | |
(3) | The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not— | |
(a) part of the statutory plan; or | ||
(b) subject to the provisions of Schedule 1 of the Resource Management Act 1991. | 35 |
Provision of summary or notice to trustees | ||
(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: | 5 | |
(a) if the application is received by the consent authority, a summary of the | ||
application; or | ||
(b) if notice of the application is served on the consent authority under | ||
section 145(10) of the Resource Management Act 1991, a copy of the | ||
notice. | 10 | |
(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 | |
Resource Management Act 1991 or as may be agreed between the trustees and | ||
the relevant consent authority. | ||
(3) | The summary must be provided— | 15 |
(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. | ||
(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 | 20 |
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 | ||
this section; and | 25 | |
(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 | ||
notify an application: | 30 | |
(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 Paoa may, as evidence of the association | |
of Ngāti Paoa with a statutory area, cite the statutory acknowledgement that | 35 | |
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 |
(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— | 5 | |
(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. | 10 |
(4) | To avoid doubt,— | |
(a) neither the trustees nor members of Ngāti Paoa are precluded from | ||
stating that Ngāti Paoa has an association with a statutory area that is not | ||
described in the statutory acknowledgement; and | ||
(b) the content and existence of the statutory acknowledgement do not limit | 15 | |
any statement made. | ||
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. | 20 | |
(2) | A person, in considering a matter or making a decision or recommendation | |
under an enactment or a bylaw, must not give greater or lesser weight to the | ||
association of Ngāti Paoa with a statutory area than that person would give if | ||
there were no statutory acknowledgement for the statutory area. | ||
(3) | Subsection (2) does not limit subsection (1). | 25 |
(4) | This section is subject to the other provisions of this subpart. | |
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 | 30 | |
(b) does not have the effect of granting, creating, or providing evidence of | ||
an estate or interest in, or rights relating to, a statutory area. | ||
(2) | This section is subject to the other provisions of this subpart. | |
Amendment to Resource Management Act 1991 | 35 | |
(1) | This section amends the Resource Management Act 1991. |
(2) In Schedule 11, insert in its appropriate alphabetical order:
Ngāti Paoa Claims Settlement Act 2022
In this subpart,— 5
protocol—
(a) means each of the following protocols issued under section 115(1)(a):
(i) the primary industries protocol:
(ii) the taonga tūturu protocol; and
(b) includes any amendments made under section 115(1)(b) 10
responsible Minister means the 1 or more Ministers who have responsibility under a protocol.
General provisions applying to protocols
115 Issuing, amending, and cancelling protocols
(1) The responsible Minister— 15
(a) must issue a protocol to the trustees on the terms set out in part 4 of the documents schedule; and
(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 20
(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.
116 Protocols subject to rights, functions, and duties
A protocol does not restrict— 25
(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 example, the ability—
(i) to introduce legislation and change Government policy; and
(ii) to interact with or consult a person that the Crown considers 30
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
(c) the legal rights of Ngāti Paoa or a representative entity. 35
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. | ||
(3) | Despite subsection (2), damages or other forms of monetary compensation | 5 |
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 | ||
implementation of a protocol; and | 10 | |
(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 | ||
(1) | The chief executive of the Ministry for Primary Industries must note a sum‐ xxxx of the terms of the primary industries protocol in any fisheries plan that affects the primary industries protocol area. | 15 |
(2) | The noting of the summary is— | |
(a) for the purpose of public notice only; and | ||
(b) not an amendment to a fisheries plan for the purposes of section 11A of the Fisheries Act 1996. | 20 | |
(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 are held, managed, or administered under any of the following enactments: | 25 |
(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. | ||
(4) | In this section,— | 30 |
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. |
(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. 5
(2) In this section, taonga tūturu—
(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 7—Name changes for Crown protected areas 10
Name changes for Crown protected areas | ||
(1) | The name of Xxxxxxx Xxxxxxxxx Government Purpose Reserve Wildlife Man‐ | |
agement Area is changed to Pūkorokoro / Xxxxxxx Xxxxxxxxx Government | ||
Purpose Reserve Wildlife Management Area. | ||
(2) | The name of Xxxxxxx Xxxxxx Reserve is changed to Pūkorokoro / Miranda | 15 |
Scenic Reserve. | ||
(3) | The name of Miranda Scientific Reserve is changed to Pūkorokoro / Miranda | |
Scientific Reserve. | ||
(4) | The name of Te Haupa (Saddle) Island Scenic Reserve is changed to Te Haupa | |
Island Scenic Reserve. | 20 | |
(5) | The name of that part of Tiritiri Matangi Island Scientific Reserve that applied | |
to Papakura Pā immediately before the settlement date is changed to Papakura | ||
Pā Scientific Reserve. | ||
(6) | The new name given to a reserve under subsection (1), (2), (3), (4), or (5) is to be treated as if— | 25 |
(a) it were an official geographic name that takes effect on the settlement | ||
date; and | ||
(b) it had first been reviewed and concurred with by the Board under subpart | ||
3 of Part 2 of the Act. | ||
(7) | The Board must, as soon as practicable after the settlement date,— | 30 |
(a) give public notice of each new name in accordance with section 21(2)(a) | ||
and (b) and (3) of the Act; but | ||
(b) state in the notice that the new name became an official geographic | ||
name on the settlement date. | ||
(8) | The official geographic name of a reserve named under this section must not be | 35 |
changed in accordance with subpart 3 of Part 2 of the Act without the written | ||
consent of the trustees, and any requirements under that subpart or another |
enactment for public notice of or consultation about the proposed name do not apply.
(9) In this section,—
Act means the New Zealand Geographic Board (Xxx Xxx Taunaha o Aotearoa)
Act 2008 5
Board means the New Zealand Geographic Board Xxx Xxx Taunaha o Aotea‐ roa
official geographic name has the meaning given in section 4 of the Act
Papakura Pā means the cultural redress property known by that name.
Part 3 10
Commercial redress
Subpart 1—Transfer of commercial and deferred selection properties
In this subpart,—
commercial property means a property described in part 3 of the property 15
redress schedule for which the requirements for transfer under the deed of settlement have been satisfied
deferred selection property means a property described in part 4 of the property redress schedule, if—
(a) clause 6.10 of the deed of settlement applies; and 20
(b) the requirements for transfer under the deed of settlement have been satisfied
land holding agency means the land holding agency specified—
(a) for a commercial property in part 3 of the property redress schedule; or
(b) for a deferred selection property, in part 4 of the property redress sched‐ 25
ule.
The Crown may transfer properties | ||
(1) | To give effect to part 6 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 a commercial property or a deferred | 30 | |
selection property to the trustees; and | ||
(b) to sign a transfer instrument or other document, or do anything else, as | ||
necessary to effect the transfer. | ||
(2) | Subsection (3) applies to a commercial property or a deferred selection prop‐ erty that is subject to a resumptive memorial recorded under any enactment listed in section 17(2). | 35 |
(3) | As soon as is reasonably practicable after the date on which a commercial | |
property or deferred selection property is transferred to the trustees, the chief | ||
executive of the land holding agency must give written notice of that date to the chief executive of LINZ for the purposes of section 18 (which relates to the cancellation of resumptive memorials). | 5 | |
Records of title for commercial and deferred selection properties | ||
(1) | This section applies to each commercial property or deferred selection property that is to be transferred to the trustees under section 122. | |
(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 | 10 | |
simple estate; or | ||
(b) the property is all of the land contained in a record of title for a fee | ||
simple estate that is limited as to parcels; or | ||
(c) there is no record of title for the fee simple estate in all or part of the | ||
property. | 15 | |
(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 | 20 | |
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 section 124, authorised person means a person author‐ ised by the chief executive of the land holding agency for the relevant property. | 25 |
Authorised person may grant covenant for later creation of record of title | ||
(1) | For the purposes of section 123, the authorised person may grant a covenant for the later creation of a record of title for a fee simple estate in any commer‐ | |
cial property or deferred selection property. | 30 | |
(2) | Despite the Land Transfer Act 2017,— | |
(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. | 35 | |
Application of other enactments | ||
(1) | This section applies to the transfer to the trustees of the fee simple estate in a | |
commercial property or 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. | ||
(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 | 5 |
1974 is not required for laying out, forming, granting, or reserving a private | ||
road, private way, or right of way required to fulfil the terms of the deed of | ||
settlement in relation to the transfer. | ||
(5) | 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 | 10 | |
transfer. | ||
(6) | In exercising the powers conferred by section 122, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to | |
the transfer. | ||
(7) | Subsection (6) is subject to subsections (2) and (3). | 15 |
Transfer of deferred selection properties subject to lease | ||
(1) | This section applies to a deferred selection property— | |
(a) for which the land holding agency is the Ministry of Education; and | ||
(b) the ownership of which is to be transferred to the trustees; and | ||
(c) that, after the transfer, is to be subject to a lease back to the Crown. | 20 | |
(2) | Section 24 of the Conservation Act 1987 does not apply to the transfer of the | |
property. | ||
(3) | The transfer instrument for the transfer of the property must include a state‐ ment that the land is to become subject to section 127 upon the registration of the transfer. | 25 |
(4) | The Registrar-General must, upon the registration of the transfer of the prop‐ | |
erty, record on any record of title for the property that— | ||
(a) the land is subject to Part 4A of the Conservation Act 1987, but that | ||
section 24 of that Act does not apply; and | ||
(b) the land is subject to section 127. | 30 | |
(5) | A notation made under subsection (4) 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. | ||
Requirements if lease terminates or expires | ||
(1) | This section applies if the lease referred to in section 126(1)(c) (or a renewal of that lease) terminates, or expires without being renewed, in relation to all or | 35 |
part of the property that is transferred subject to the lease. |
(2) The transfer of the property is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 in relation to all or that part of the property.
(3) The registered owners of the property must apply in writing to the Registrar- General,— 5
(a) if no part of the property remains subject to such a lease, to remove from the record of title 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 this section; or 10
(b) if only part of the property remains subject to such a lease (the leased part), to amend the notations on the record of title for the property to record that, in relation to the leased part only,—
(i) section 24 of the Conservation Act 1987 does not apply to that
part; and 15
(ii) that part is subject to this section.
(4) The Registrar-General must comply with an application received in accordance with subsection (3) free of charge to the applicant.
Subpart 2—Vesting of certain Crown owned minerals and related matters
Application and interpretation | 20 | |
(1) | This subpart applies to— | |
(a) the land vested in the trustees under subpart 1 of Part 2; and | ||
(b) land transferred to the trustees under section 122; and | ||
(c) an early release commercial property transferred to the trustees; and | ||
(d) the Pouarua Farm property transferred to the Pouarua Farm Limited | 25 | |
Partnership in accordance with the Agreement for Sale and Purchase of | ||
Real Estate dated 8 November 2013; and | ||
(e) the land vested in the descendants by subpart 2 of Part 2. | ||
(2) | In this subpart, unless the context otherwise requires,— | |
actual amount means the actual amount payable in respect of vested minerals in accordance with sections 137 and 141 | 30 | |
applicant means the trustees or Pouarua Farm Limited Partnership, as the case may be, that makes an application under section 142 | ||
chief executive has the meaning given in section 2(1) of the Crown Minerals | ||
Act 1991 | 35 | |
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
mineral has the meaning given in section 2(1) of the Crown Minerals Act 1991
Minister has the meaning given in section 2(1) of the Crown Minerals Act 1991 5
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
(b) the area of land over which an existing privilege exists
privilege, in relation to any mineral, means— 10
(a) existing privilege; and
(b) a prospecting, exploration, or mining permit granted under the Crown Minerals Act 1991, and its associated mining operations (within the meaning of section 2(1) of that Act)
relevant land means land referred to in subsection (1) 15
representative amount means the representative amount—
(a) payable in accordance with section 137; and
(b) calculated in accordance with section 138
royalties has the meaning given in section 2(1) of the Crown Minerals Act 1991 20
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 130(1) and (2)
year means the period of 12 months beginning on 1 January and ending on
31 December. 25
129 Certain existing rights preserved
The following privileges, rights, obligations, functions, and powers (including those preserved by the transitional provisions in Part 2 of the Crown Minerals
Act 1991) continue as if section 130 had not been enacted: 30
(a) privileges in existence immediately before—
(i) the property is vested or transferred as referred to in section 130(1); or
(ii) an early release commercial property is transferred to the trustees;
or 35
(iii) the Pouarua Farm property is transferred to the Pouarua Farm Limited Partnership:
(b) rights that may be exercised under the Crown Minerals Act 1991 by the 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 for by section 32 of the Crown Minerals Act 5 1991):
(d) the obligations on those holders or any other person imposed by or under the Crown Minerals Act 1991:
(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 10 in paragraphs (a) to (d).
Certain minerals vested or transferred under this subpart
Vested minerals no longer to be reserved to the Crown | ||
(1) | Despite section 11 of the Crown Minerals Act 1991,— | |
(a) when land referred to in section 128(1)(a) is vested in the trustees, any Crown owned minerals in that land (other than section 10 minerals) vest | 15 | |
with the land: | ||
(b) when land referred to in section 128(1)(b) is transferred to the trustees, any Crown owned minerals in that land (other than section 10 | ||
minerals) transfer with the land: | 20 | |
(c) when land referred to in section 128(1)(e) is vested in the descend‐ ants, any Crown owned minerals in that land (other than section 10 | ||
minerals) vest with the land. | ||
(2) | Despite section 11 of the Crown Minerals Act 1991, on the settlement date any | |
Crown owned minerals (other than section 10 minerals) in the land referred | 25 | |
to— | ||
(a) in section 128(1)(c) become the property of the trustees if, on that date, they own the land; and | ||
(b) in section 128(1)(d) become the property of Pouarua Farm Limited Partnership. | 30 | |
(3) | 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. | ||
(4) | To avoid doubt, the vesting or transfer of land referred to in section 128(1) is subject to any mineral interests or rights to which, immediately before the | 35 |
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 | ||
(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 128(1). | 5 |
Notation of mineral ownership on records of title (other than for | ||
properties referred to in sections 133 and 134) | ||
(1) | This section applies instead of section 86 of the Crown Minerals Act 1991 to | 10 |
land referred to in section 128(1)(a) and (b) at the time of its vesting or | ||
transfer. | ||
(2) | An instrument lodged in respect of that land must include a request to the | |
Registrar-General to record on any record of title for the land that the land is | ||
subject to section 130 of the Ngāti Paoa Claims Settlement Act 2022. | 15 | |
(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 49(3) or (5), as applicable, in respect of land referred to in section 128(1)(a); or | 20 | |
(b) a transfer instrument lodged in respect of land referred to in section 128(1)(b). | ||
Notation of mineral ownership on records of title for early release | ||
commercial properties and Pouarua Farm property | ||
(1) | This section applies instead of section 86 of the Crown Minerals Act 1991— | 25 |
(a) to land referred to in section 128(1)(c) if that land is owned by the | ||
trustees on the settlement date; and | ||
(b) to land referred to in section 128(1)(d). | ||
(2) | As soon as is reasonably practicable after the settlement date, the authorised | |
person must make a written request to the Registrar-General— | 30 | |
(a) to record on any record of title for the land that the land is subject to | ||
section 130 of the Ngāti Paoa Claims Settlement Act 2022; and | ||
(b) to remove from the record of title for the land the notation that the land | ||
is subject to section 11 of the Crown Minerals Act 1991. | ||
(3) | The Registrar-General must comply with a request received under subsection (2). | 35 |
(4) | In this section, authorised person means,— |
(a) in relation to the Pouarua Farm property, the chief executive of the Office for Māori Crown Relations—Xx Xxxxxxxx:
(b) in relation to a property referred to in section 128(1)(c), a person authorised by the chief executive of LINZ.
134 Notation of mineral ownership on record of title for Xxxxxxxx 0
The Registrar-General must record on the record of title for Ruamāhua created under section 82 of the Ngāti Hei Claims Settlement Act 2022 that the land is subject to section 130 of the Ngāti Paoa Claims Settlement Act 2022.
Application provision relating to Xxxxxxxx 00
Application of sections 136 to 145 to Ruamāhua | ||
(1) | Sections 136 to 145 do not apply to 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 applicant 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 137 to 141 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 141(2) applies, the actual amount. | ||
(2) | Payments made under subsection (1) must be made to the applicant. | 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 142 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 142, must pay the representative amount or the actual amount, as appropriate, in respect of | |
vested minerals to the applicant. | 35 |
(2) Subsection (1) applies even if the applicant has 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 142; 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 sections 140 (shared ownership of land), 142 (application for payment of representative amount), and 144 (other conditions applying to payments).
138 Calculation of representative amount 15
The representative amount payable under section 137 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 142, 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.
139 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 138; and 35
(b) the total representative amount payable to the applicant in respect of the vested minerals for the permit areas is the sum of the separate amounts calculated under paragraph (a).
140 Calculation of representative amount if relevant land held in shares
If the relevant land is held in shares, the representative amount payable to the 5 applicant 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 138 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 applicant.
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 142, 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 applicant 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 applicant. |
Application for payment of representative amount
Application requirements | ||
(1) | An applicant (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 applicant 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 applicant (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 applicant; 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 applicant 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 an applicant— | |
(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 applicant | 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 141; and | ||
(b) advise the applicant in writing of the amount that the applicant is to be | 35 | |
paid. |