Pire Whakataunga Kerēme a Ngāti Tara Tokanui

Pire Whakataunga Kerēme a Ngāti Xxxx Tokanui

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 Tokanui te āta tirotiro, ā, e tūtohu xxx kia whakamanatia. Tēnei ko mātou katoa te tautoko nei i ngā menemana katoa.

Kupu whakataki

Ka whakamana xx xxxx nei i xxx ritenga e tika xxx kia whakaturetia i roto i te whakaaetanga whakataunga i waitohua rā i te 28 o Hūrae 2022 e te Karauna me Ngāti Xxxx Tokanui.

Ko Ngāti Xxxx Xxxxxxx he iwi e tau xxx ki xxx whenua huri noa i Paeroa i xx xxxx o Hauraki. I te tatauranga 2018, he 830 ngā uri o Ngāti Xxxx Xxxxxxx. I te puku o te tau 2013, ka whakamanatia te Ngāti Xxxx Tokanui Trust hei hinonga whakahaere i muri i te whakataunga (PSGE) mā Ngāti Xxxx Tokanui.

Ko Ngāti Xxxx Tokanui tētahi o ngā iwi me ngā hapū 12 e whai pānga xxx ki xx xxxx o Hauraki. I te tau 2009, xx xxxx tahi ko xx Xxxx Hauraki Collective, ko te whiriwhiri whakataunga Tiriti te take. Xx xxx i te Karauna me xx xxxxx nei te whakaaetanga te waitohu i te tau 2018, ā, kei mua i te aroaro o te Whare xxxx xxxx.1

Ka whai xx Xxxx Whakataunga Kerēme a Ngāti Xxxx Tokanui ki te whakatau i xxx xxx‐ ēme Tiriti o Waitangi hītori a Ngāti Xxxx Tokanui mā te whakamana i ngā puretumu ā-iwi tonu e tika xxx kia whakaturetia. Kei te Wāhanga 1 o xx xxxx ko ēnei:

1 He mea whakatakoto xx Xxxx Puretumu a xx Xxxx Hauraki Collective ki te Whare i te 19 o Tihema 2022.

2 Pire Whakataunga Kerēme a Ngāti Xxxx Tokanui Ngā kōrero

• Ko tētahi whakarāpopoto o te takinga kōrero hītori o roto i te whakaaetanga whakataunga

• Ko ngā whakapuakanga a ngā wāwāhitanga a te Karauna i te Tiriti me ōna mātāpono i pā ai ngā taumahatanga ā-kiko, ā-wairua hoki ki a Ngāti Xxxx Tokanui

• Ko te whakapāha a te Karauna xxxx i kore rā i tiaki i a Ngāti Xxxx Tokanui ki te rironga o te whenua, te peinga o te iwi i ō rātou pā me ō rātou kāinga, me te tūkinotanga ā-taiao ki ngā awa e rua.

Kei te Wāhanga 2 ngā ritenga puretumu ā-tikanga, tae atu ki te whakahokinga o ētahi wāhi whakahirahira e iwi ki te iwi (e rua o ērā ka whakahokia tahitia ki ētahi atu iwi hoki). Ko ētahi o xxx xxxx nei xx Xxx Xxx Xxxx, ko Mimitu Pā, ko Tawhitiaraia, me Karangahake. Kei te Wāhanga 3 ko ētahi ritenga puretumu ā-tauhoko.

Kāore ētahi wāhanga o te whakaaetanga whakataunga e herea kia whakamanatia ā-turetia, me te aha kāore e takoto mai ki xx xxxx. Ko ēnei nā:

• ko puretumu ā-pūtea, ā-tauhoko hoko, e $6 miriona

• ko te kupu taurangi kia uru ki tētahi whakaaetanga whakahoanga me Te Papa Atawhai

• ko ētahi xxxx takawaenga, xxxx whakatakinga rānei ki ētahi tari kāwanatanga o te motu, o xx xxxx hoki

• ko te tauākī piringa ki Moehau maunga, ki xx xxxxx o Te Aroha hoki

• ko te puretumu ā-tikanga, e $444,166 te nui, mō te whakarauoranga o te ahurea, me ētahi atu take hoki i āta whakatakotoria.

Whakatātaretanga o te ture

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.

Kāore he menemana nui e marohitia xxx

Xxxxx mātou e tūtohu kia whakarerekētia nuitia xx xxxx, xx xxxxx i xxx tāpaetanga kōrero me xxx xxxx tohutohu i whiwhi ai mātou.

Ko ā mātou menemana itiiti, menemana hangarau he mea tūtohu kia riterite ai ki xxx xxxx whakataunga a ētahi atu iwi o Hauraki.

Ngā kōrero Pire Whakataunga Kerēme a Ngāti Xxxx Tokanui 3

Tāpiritanga

Hātepe komiti

He mea tuku mai xx Xxxx Whakataunga Kerēme a Ngāti Xxxx Tokanui ki te Komiti Whiriwhiri Take Māori o te Pāremata 53 i te 29 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 whakaaroarohia hoki ngā tāpaetanga kōrero a ngā rōpū me ngā tāngata takitahi e 15. I rongo i te tāpaetanga ā-waha a tētahi kaitāpae kotahi.

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 Xxxx Tokanui Claims Settlement Bill

Government Bill

As reported from the Māori Affairs Committee

Commentary

Recommendation

The Māori Affairs Committee has examined the Ngāti Xxxx Xxxxxxx Claims Settle‐ ment Bill and recommends that it be passed. We recommend all amendments unani‐ mously.

Introduction

This bill would give effect to provisions requiring legislation in the deed of settlement signed on 28 July 2022 by the Crown and Ngāti Xxxx Xxxxxxx.

Ngāti Xxxx Tokanui are an iwi based around Paeroa in the Hauraki region. In the 2018 census, Ngāti Xxxx Xxxxxxx had a population of about 830. In mid-2013, the Ngāti Xxxx Xxxxxxx Trust was ratified as the post-settlement governance entity (PSGE) for Ngāti Xxxx Xxxxxxx.

Ngāti Xxxx Xxxxxxx are one of 12 iwi and hapū that have interests in the Hauraki region. In 2009, they formed the Pare Hauraki Collective for the purpose of negotiat‐ ing a Treaty settlement. The Crown and the collective signed a deed in 2018 and the associated bill is currently before the House.2

The Ngāti Xxxx Xxxxxxx Claims Settlement Xxxx seeks to settle Ngāti Xxxx Xxxxxxx’x historical Treaty of Waitangi claims by giving effect to the iwi-specific redress that needs legislation. Part 1 of the bill contains:

• a summary of the historical account in the deed of settlement

• acknowledgements of Crown breaches of te Tiriti/the Treaty and its principles that caused physical and spiritual hardship to Ngāti Xxxx Xxxxxxx

2 The Pare Hauraki Collective Redress Bill was introduced on 19 December 2022.

2 Ngāti Xxxx Xxxxxxx Claims Settlement Bill Commentary

• the Crown’s apology for failing to protect Ngāti Xxxx Xxxxxxx from the alien‐ ation of land, the dislocation of the iwi from their pā and kāinga, and for environmental damage to two rivers.

Part 2 contains the cultural redress provisions, including the return of nine sites of cultural significance to the iwi (two of which are joint sites with other iwi). The sites include Ngā Xxx Xxxx, Mimitu Pā, Tawhitiaraia, and Karangahake. Part 3 contains commercial redress provisions.

Some elements of the deed of settlement do not require legislative authority and so are not in the bill. They include:

• financial and commercial redress of $6 million

• a commitment to enter into a relationship agreement with the Department of Conservation

• letters of facilitation or introduction to certain central and local government agencies

• statements of association with the mountain Moehau and the town Te Aroha

• cultural redress of $444,166 for cultural revitalisation and other specified pur‐ poses.

Legislative scrutiny

As part of our consideration of the bill, we examined its consistency with principles of legislative quality. We have no issues regarding the legislation’s design to bring to the attention of the House.

No significant amendments proposed

Based on the submissions and advice that we have received, we do not recommend making any significant changes to the bill.

Our minor or technical amendments are recommended to ensure consistency with other Hauraki iwi settlement bills.

Commentary Ngāti Xxxx Tokanui Claims Settlement Bill 3

Appendix

Committee process

The Ngāti Xxxx Xxxxxxx Claims Settlement Bill was referred to the Māori Affairs Committee of the 53rd Parliament on 29 June 2023. The committee called for submis‐ sions on the bill with a closing date of 2 August 2023. It received and considered submissions from 15 interested groups and individuals. It heard oral evidence from one submitter.

The bill was reinstated with this committee in the 54th Parliament on 6 December 2023.

Advice on the bill was provided by Xx Xxxxxxxx | the Office for Māori Crown Relations. The Office of the Clerk provided advice on the bill’s legislative quality. The Parliamentary Counsel Office assisted with legal drafting.

Committee membership Xxx Xxxxxx (Chairperson) Xxx Xxxxxx Xxxxxxxx

Hon Xxxxxx Xxxxx (until 6 February 2024) Xxxx Xxxxxxx

Xxxxxx Xxxxxxx (from 21 February 2024) Xxxx Xxxxxxxxxxx

Xxxx-Xxxxxxx Xxxxx-Xxxxxx Xxxx Xxxxxx

Rt Xxx Xxxxxx Xxxxxxx

Related resources

The documents received as advice and evidence are available on the Parliament website.

Ngāti Xxxx Tokanui Claims Settlement Bill

Key to symbols used in reprinted bill

As reported from a select committee

text inserted unanimously ~~text deleted unanimously~~

Hon Xxxx Xxxxxxxxx

Ngāti Xxxx Tokanui Claims Settlement Bill

Government Bill

Page

1 Title 5

2 Commencement 5

Part 1

Preliminary matters, historical account, acknowledgements and apology, and settlement of historical claims

Preliminary matters

3 Purpose 5

4 Provisions to take effect on settlement date 6

5 Act binds the Crown 6

6 Outline 6

Summary of historical account, acknowledgements, and apology of the Crown

7 Summary of historical account, acknowledgements, and apology 7

8 Summary of historical account 7

9 Acknowledgements 10

10 Apology 15

Interpretation provisions

11 Interpretation of Act generally 16

12 Interpretation 16

13 Meaning of Ngāti Xxxx Tokanui 18

14 Meaning of historical claims 19

Historical claims settled and jurisdiction of courts, etc, removed

15 Settlement of historical claims final 20

Ngāti Xxxx Tokanui Claims Settlement Bill

Amendment to Treaty of Waitangi Act 1975

16 Amendment to Treaty of Waitangi Act 1975 21

Resumptive memorials no longer to apply

17 Certain enactments do not apply 21

18 Resumptive memorials to be cancelled 22

Miscellaneous matters

19 Limit on duration of trusts does not apply 22

20 Access to deed of settlement 23

21 Provisions that have same effect 23

Part 2 Cultural redress

Subpart 1—Vesting of cultural redress properties

22 Interpretation 23

Properties vested in fee simple

00 Xxxx Xxxxx 00

24 Ngā Xxx Xxxx 24

25 Tanners Point property 24

Properties vested in fee simple to be administered as reserves

26 Ngāmarama 25

27 Ngāti Koi Domain 25

28 Council improvements attached to Ngāti Koi Domain 25

29 Tawhitiaraia 26

30 Xx Xxx o Tiki Te Aroha 27

Properties vested in fee simple subject to conservation covenant

31 Karangahake 27

32 Mimitu Pā 28

General provisions applying to vesting of cultural redress properties

33 Properties vest subject to or together with interests 28

34 Interests in land for Ngāti Koi Domain 28

35 Interests that are not interests in land 28

36 Registration of ownership 29

37 Application of Part 4A of Conservation Act 1987 30

38 Matters to be recorded on record of title 30

39 Application of other enactments 31

40 Names of Crown protected areas discontinued 32

Further provisions applying to reserve properties

41 Application of other enactments to reserve properties 32

42 Joint management body for Ngāti Koi Domain 33

Ngāti Xxxx Tokanui Claims Settlement Bill

43 Application of Reserves Act 1977 to joint management body 33

44 Subsequent transfer of reserve land 34

45 Transfer of reserve land to new administering body 34

46 Transfer of reserve land if trustees change 35

47 Reserve land not to be mortgaged 35

48 Saving of bylaws, etc, in relation to reserve properties 36

Subpart 2—Whenua rāhui

49 Interpretation 36

50 Declaration of whenua rāhui and the Crown’s acknowledgement 36

51 Purposes of whenua rāhui 37

52 Effect of protection principles 37

53 Obligations on New Zealand Conservation Authority and 37

Conservation Boards

54 Noting of whenua rāhui in strategies and plans 37

55 Notification in Gazette 38

56 Actions by Director-General 38

57 Amendment to strategies or plans 38

58 Regulations 38

59 Bylaws 39

60 Effect of whenua rāhui on whenua rāhui area 39

61 Termination of whenua rāhui 40

62 Exercise of powers and performance of functions and duties 40

63 Rights not affected 40

Subpart 3—Statutory acknowledgement

64 Interpretation 41

65 Statutory acknowledgement by the Crown 41

66 Purposes of statutory acknowledgement 41

67 Relevant consent authorities to have regard to statutory 41

acknowledgement

68 Environment Court to have regard to statutory acknowledgement 42

69 Heritage New Zealand Pouhere Taonga and Environment Court to 42

have regard to statutory acknowledgement

70 Recording statutory acknowledgement on statutory plans 43

71 Provision of summary or notice to trustees 43

72 Use of statutory acknowledgement 44

General provisions relating to statutory acknowledgement

73 Application of statutory acknowledgement to river or stream 44

74 Exercise of powers and performance of functions and duties 45

75 Rights not affected 45

Consequential amendment to Resource Management Act 1991

76 Amendment to Resource Management Act 1991 45

Ngāti Xxxx Tokanui Claims Settlement Bill

Subpart 4—Protocols

77 Interpretation 46

General provisions applying to protocols

78 Issuing, amending, and cancelling protocols 46

79 Protocols subject to rights, functions, and duties 46

80 Enforcement of protocols 46

Primary industries

81 Primary industries protocol 47

Taonga tūturu

82 Taonga tūturu protocol 48

Part 3 Commercial redress

Subpart 1—Transfer of deferred selection property

83 Interpretation 48

84 The Crown may transfer property 48

85 Record of title for deferred selection property 49

86 Authorised person may grant covenant for later creation of record 49

of title

87 Application of other enactments 49

Subpart 2—Vesting of certain Crown owned minerals and related matters

88 Application and interpretation 50

Existing rights preserved

89 Certain existing rights preserved 51

Certain minerals vested or transferred under this subpart

90 Vested minerals no longer to be reserved to the Crown 52

91 Application of Crown Minerals Act 1991 52

Registration

92 Notation of mineral ownership on records of title (other than for 52

Pouarua Farm property)

93 Notation of mineral ownership on record of title for Pouarua Farm 53

property

Amounts payable in respect of vested minerals

94 Purpose and scope of arrangement for payments 53

95 Obligation to pay representative or actual amount 54

Calculation of amount payable

96 Calculation of representative amount 54

97 Calculation of representative amount if more than 1 permit area 54

Ngāti Xxxx Tokanui Claims Settlement Bill Part 1 cl 3

98 Calculation of representative amount if relevant land held in shares 55

99 When actual amount may be paid 55

Application for payment of representative amount

100 Application requirements 56

101 Advice to be given to applicant 56

102 Other conditions applying to payments 57

Status of certain information

103 Confidentiality of information disclosed or received 57

Consequential amendments to Crown Minerals Act 1991

104	Amendments to Crown Minerals Act 1991	57
	Schedule 1 Cultural redress properties	58
	Schedule 2 Whenua rāhui area	60
	Schedule 3 Statutory areas	61

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Ngāti Xxxx Tokanui Claims Settlement Act 2022.

2 Commencement

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

Preliminary matters 10

3 Purpose

The purpose of this Act is—

(a) to record in English and te reo Māori the acknowledgements and apol‐ ogy given by the Crown to Ngāti Xxxx Xxxxxxx in the deed of settlement;

and 15

(b) to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Xxxx Xxxxxxx.

Part 1 cl 4 Ngāti Xxxx Tokanui Claims Settlement Bill

4	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—	5
	(a) the provision to have full effect on that date; or
	(b) a power to be exercised under the provision on that date; or
	(c) a duty to be performed under the provision on that date.
5	Act binds the Crown
	This Act binds the Crown.	10
6	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—	15
	(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 Xxxx Xxxxxxx, as recorded in the deed of settlement; and	20
	(e) defines terms used in this Act, including key terms such as Ngāti Xxxx Xxxxxxx and historical claims; and
	(f) provides that the settlement of the historical claims is final; and	25
	(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; and	30
	(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—	35
	(a) cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties; and

Ngāti Xxxx Tokanui Claims Settlement Bill Part 1 cl 8

(b) cultural redress that does not involve the vesting of land, namely,—

(i) a whenua rāhui applying to a certain area of land; and

(ii) a statutory acknowledgement by the Crown of the statements made by Xxxxx Xxxx Xxxxxxx of their cultural, historical, spiritual,

and traditional association with certain statutory areas and the 5 effect of that acknowledgement; and

(iii) protocols for primary industries and taonga tūturu on the terms set out in the documents schedule.

(4) Part 3 provides for commercial redress, including,—

(a) in subpart 1, the transfer of land; and 10

(b) in subpart 2, the vesting of certain Crown owned minerals and related matters.

(5) There are 3 schedules, as follows:

(a) Schedule 1 describes the cultural redress properties:

(b) Schedule 2 describes the whenua rāhui area to which the whenua rāhui 15

applies:

Summary of historical account, acknowledgements, and apology of the Crown

7	Summary of historical account, acknowledgements, and apology	20
(1)	Section 8 summarises in English and te reo Māori the historical account in the deed of settlement, setting out the basis for the acknowledgements and apology.
(2)	Sections 9 and 10 record in English and te reo Māori the text of the acknow‐ ledgements and apology given by the Crown to Ngāti Xxxx Xxxxxxx in the deed
	of settlement.	25
(3)	The acknowledgements and apology are to be read together with the historical
	account recorded in part 2 of the deed of settlement.
8	Summary of historical account
(1)	Ngāti Xxxx and Ngāti Tokanui had distinct whakapapa but were joined over
	many generations through intermarriage and together created the iwi known	30
	today as Ngāti Xxxx Xxxxxxx. During the 19th century, Ngāti Xxxx rangatira
	described themselves primarily as Ngāti Koi.
(2)	Between 1865 and 1868, the Crown confiscated 290,000 acres of land around
	Tauranga. All customary interests in this land were extinguished, although
	the Crown returned most of the district to other Māori, and retained 50,000	35
	acres. Ngāti Xxxx Xxxxxxx had interests in lands that were included in the
	confiscation. In 1864, the Crown purchased from another iwi some of the land
	in the Katikati and Te Puna blocks. Ngāti Koi lands were included in these

Part 1 cl 8 Ngāti Xxxx Tokanui Claims Settlement Bill

transactions. The Crown acknowledged the interests of other iwi in subsequent negotiations, but Ngāti Koi had no land returned and do not appear to have signed the sale deeds or to have been paid by the Crown.

(3) In December 1868, Ngāti Xxxx Xxxxxxx xxxxxxxxx were among those who signed

an agreement with the Crown to establish a goldfield at Ohinemuri. In 1870, 5 Ngāti Xxxx Tokanui rangatira Te Keepa Raharuhi applied to the Native Land Court for a title investigation for Owharoa in order to allow gold mining. The court awarded Owharoa to Ngāti Xxxx Xxxxxxx.

(4) The iwi accumulated debts through the Native Land Court process; by 1875, 6

of Owharoa’s 7 owners had sold their interests to private buyers. Further sales 10 took place in the 1880s and 1890s. Today just 2 acres of Ngāti Xxxx Xxxxxxx’x original holdings in the Owharoa blocks remain in Māori ownership.

(5) From 1872, a Crown agent began making advance payments to individuals the agent deemed to have interests in the Ohinemuri block. In 1875, the Crown realised that it was not going to be able to obtain the agreement of enough 15 owners to purchase the Ohinemuri block, and it negotiated a lease instead.

Among the 88 individuals who signed the lease were at least 8 members of the iwi. The Crown applied all the lease income to the repayment of the advances despite not all of the owners having accepted these advances. As a result, Ngāti

Xxxx Xxxxxxx did not receive any income from gold mining in their xxxx. 20

(6) Between 1877 and 1882, a Crown official again made advance payments to individuals the official deemed to have interests in Ohinemuri. Because the Crown had proclaimed monopoly powers over Ohinemuri, Māori had no option but to alienate their land to private parties if they needed to sell their

land. In 1882, the Native Land Court awarded the Crown 31,714 acres in 25

Ohinemuri 17 block. The remaining 3,746-acre Ohinemuri 17A block went to the non-sellers (including Te Keepa Raharuhi). Some 1,170 acres and 3 wāhi tapu sites were reserved for Ngāti Koi, half the reserves they thought they had been promised. After further Crown purchases, by 1896 Ngāti Xxxx Xxxxxxx

were left with approximately 2,500 acres of land. 30

(7) In 1895, the Crown authorised the discharge of mine tailings into the Waihou and Ohinemuri Rivers, including cyanide-treated waste. In 1900, a Crown official estimated that about 300 Māori needed an alternative water supply because the Ohinemuri river was polluted and unfit for both human and animal

consumption. 35

(8) In 1902, Te Keepa Raharuhi and other Māori protested that the discharge of mining waste into the rivers silted up the river beds, causing flooding and extensive crop damage. The Crown eventually initiated a number of schemes to try and control the flooding, resulting in significant changes to the Waihou and

Ohinemuri Rivers and their tributaries and the surrounding lands from which 40

Ngāti Xxxx Tokanui had traditionally drawn resources.

Ngāti Xxxx Tokanui Claims Settlement Bill Part 1 cl 8

(9) The wetland areas of the Hauraki Plains were a significant source of food and other resources for Ngāti Xxxx Tokanui. In the early 1900s, the Crown estab‐ lished the Hauraki Plains Drainage Scheme (1908) to drain the swamp and develop it for farming. The scheme was further expanded in the 1930s. From 1978 to 1995, land that Ngāti Xxxx Xxxxxxx had traditionally occupied was 5 taken under the Public Works Act for works related to the drainage scheme. Of

the 2,500 acres Ngāti Xxxx Xxxxxxx retained by 1896, only 232 acres remain as Māori freehold land today.

He Whakarāpopotonga Hītori e Whakaaetia xxx e Ngāti Xxxx Tokanui

(1) He motuhake ngā whakapapa o Ngāti Xxxx me Ngāti Tokanui i mua, engari nā 10 te moemoe tahi i roto i ngā whakatipuranga, ka tuituia rātou kia iwi kotahi, xx

xxxx ko Ngāti Xxxx Tokanui o ēnei rā. E ai ki ngā rangatira o Ngāti Xxxx, i xx xxx tau tekau mā iwa, ko Ngāti Koi kē te ingoa o tō rātou iwi.

(2) I waenganui i te tau 1865 me te tau 1868, ka raupatuhia e te Karauna tētahi 290,000 eka i ngā whenua huri noa i Tauranga. Tineia xxx te mana o te tangata 15 whenua i ēnei whenua, ahakoa te whakahoki a te Karauna i te nuinga o xxxx

xxxx ki ētahi atu Māori, me te pupuri tonu i tētahi 50,000 eka xxxx. He pānga ō Ngāti Xxxx Tokanui i ngā whenua i riro i tēnei raupatu. I te tau 1864, ka hokona e te Karauna ētahi whenua i ngā poraka o Katikati me Te Puna xxxx, i

tētahi atu iwi. Ka riro ētahi whenua o Ngāti Koi i tēnei tauhokohoko. I whakaae 20 te Karauna he pānga o ētahi atu iwi i ngā whakawhitinga kōrero o muri mai, engari kāore i whakahokia he whenua ki a Ngāti Koi, ka mutu kāore a Ngāti

Koi i haina i ngā pukapuka hoko, kāore hoki rātou i whiwhi utu i te Karauna.

(3) I te marama o Tihema 1868, ko ngā rangatira o Ngāti Xxxx Tokanui tonu ētahi i haina i tētahi whakaaetanga me te Karauna ki te whakatū mahinga kōura i 25 Ohinemuri. I te tau 1870, ka tono te rangatira o Ngāti Xxxx Tokanui, a Te Keepa Raharuhi, ki te Kōti Whenua Māori kia āta tirohia te taitara mō te Owharoa kia whakaaetia te mahinga kōura. Ka whakawhiwhia e te Kōti a Owharoa ki a Ngāti Xxxx Tokanui.

(4) Ka emi haere ngā nama a te iwi i te whaitanga i ngā tikanga Kōti Whenua 30 Māori, taka rawa ki te tau 1875, kua hokona atu e te tokoono o te hunga whai pānga tokowhitu ō rātou pānga ki ētahi kaihoko tūmataiti. Ka hokona atu anō

ētahi i ngā ngahurutanga tau o te 1880 me te 1890. Taka mai ki tēnei rā, e rua eka noa o ngā whenua o Ngāti Xxxx Tokanui i ngā poraka i Owharoa, kei te

puritia tonuhia e te Māori. 35

(5) Mai i te tau 1872, ka tīmata tētahi o ngā kanohi o te Karauna, ki te utu tōmua, arā, i mua i te whakawhiwhinga taitara ki te whenua, ki te tangata takitahi e whakaaro xxx ia e whai pānga xxx ki te poraka o Ohinemuri. I te tau 1875, ka mōhio te Karauna kua kore e taea e ia te whakaaetanga a tērā tokomaha o te

hunga whai pānga e tika xxx xxx hoko i te poraka o Ohinemuri, ka tahuri ia ki te 40

whai rīhi. O te hunga e 88 i haina i te rīhi, ko tētahi tokowaru nō te iwi tonu. Ka whakapaua e te Karauna xxx xxxx xxxx xxxxx hei whakaea i ngā utunga tōmua ahakoa xxxxx xx hunga whai pānga katoa i kawe ake i aua utunga tōmua.

Part 1 cl 9 Ngāti Xxxx Tokanui Claims Settlement Xxxx

Xx xx xxx o tēnei, kāore a Ngāti Xxxx Tokanui i whiwhi utu i ngā mahinga

	kōura i tō rātou xxxx.
(6)	I waenganui i te tau 1877 me te tau 1882, xx xxxxx anō e tētahi āpiha a te Karauna he utu tōmua ki ētahi tāngata e whakaaro xxx ia he pānga ō rātou i Ohinemuri. I te mea kua pānuitia e te Karauna xxxx te mana katoa i Ohinemuri,	5
	kāore he huringa kē mō te Māori atu i xx xxxx i ō rātou whenua ki xx xxxxx tūmataiti, ina mate rātou ki xx xxxx i ō rātou whenua. I te tau 1882, ka whakawhiwhia e te Kōti Whenua Māori tētahi 31,714 eka i Ohinemuri 17 ki te Karauna. Ko ngā eka e 3,746 e toe xxx i whakawhiwhia ki te hunga whai pānga kāore i hoko (ko Te Keepa tonu tētahi). Ko tētahi 1,170 eka me ētahi wahi tapu	10
	e toru i tohua mō Ngāti Koi, ka mutu ko tētahi hāwhe noa tēnei o ngā whenua i whakaaro rātou kua oatihia ki a rātou. Ka haere tonu ngā mahi hoko a te Karauna, taka rawa ki te tau 1896, kei tōna 2,500 eka noa te whenua e mahue xxx xxx ki a Ngāti Xxxx Tokanui.
(7)	I te tau 1895, ka whakamanahia e te Karauna te tuku parahanga mahinga kōura ki ngā awa o Waihou me Ohinemuri, tae atu ki ngā parahanga kua whāngaihia ki te cyanide. I te tau 1900, ka whakatau tētahi māngai o te Karauna me mātua whai puna xxx xxx ētahi tāngata Māori e 300 i te mea kua “tino kino” xxx xxx o Ohinemuri, he kimi mate te mahi ki te “inumia e te tangata, e te kararehe rānei”.	15 20
(8)	I te tau 1902, ka whakahē a Te Keepa me ētahi atu Māori i te nui o te para e haupū xxx xxx i te takere o ngā awa, i ngā mahi tuku parahanga mahinga kōura ki te awa, me te aha, kua kino kē atu ngā waipuke, kua hē xxxxx xxx māra kai. Nā wai, nā wai, ka whakaritea e te Karauna ētahi kaupapa hei ārai atu i te waipuke, ko te hua o tēnei, ko xx xxxx rerekē rawa atu o ngā awa o te Waihou	25
	me Ohinemuri, tae atu ki ō rāua kautawa, me ngā whenua huri noa, ngā whenua i whai oranga ai a Ngāti Xxxx Tokanui xxx xx anō.
(9)	Ko ngā wairepo i ngā raorao o Hauraki te oranga nui o Ngāti Xxxx Tokanui, xxxx xxx, xxxx xxxxxx. I xxx tau tōmua o te ngahurutanga tau 1900, ka whakatūria e te Karauna xxxx kaupapa whakatahe i te wai i ngā Raorao o	30
	Hauraki, kia kore ai te wai i ngā repo, kia pai ai mō te ahuwhenua. Ka whakawhānuihia te kaupapa nei i te ngahurutanga tau 1930. Mai i te tau 1978 ki te tau 1995, ka tangohia ngā whenua i nohoia e Ngāti Xxxx Tokanui xxx xx anō i raro i te Ture Mahi Tūmatanui, mō ngā mahi e pā xxx ki te whakatahe wai. O ngā eka e 2,500 e pupuri tonuhia xxx e Ngāti Xxxx Tokanui i te tau 1896,	35
	i tēnei rā e 232 eka noa e noho whenua nama kore xxx ki te Māori.
9	Acknowledgements
(1)	The Crown acknowledges that until now it has failed to deal with the long- standing grievances of Ngāti Xxxx Xxxxxxx in an appropriate way and that recognition of, and provision of redress for, these grievances is long overdue.	40
(2)	The Crown acknowledges that the Tauranga confiscation/raupatu and the sub‐ sequent Tauranga District Lands Act 1867 and Tauranga District Lands Act

Ngāti Xxxx Tokanui Claims Settlement Bill Part 1 cl 9

1868 compulsorily extinguished all customary interests within the confisca‐ tion district, including those of Ngāti Xxxx Xxxxxxx, and this was unjust and breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

(3) The Crown acknowledges that it failed to actively protect Ngāti Xxxx Xxxxxxx interests in lands that they wished to retain when it initiated the purchase of 5 Te Puna and Katikati blocks in 1864 without investigating the rights of Ngāti Xxxx Xxxxxxx, and this failure was in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

(4) The Crown further acknowledges that—

(a) Ngāti Xxxx Xxxxxxx whānau and hapū had no choice but to participate in 10 the Native Land Court system to protect their land against claims from others and to integrate land into the modern economy; and

(b) the native land system caused division between hapū, and the Native Land Court title determination process carried significant costs, includ‐

ing survey and hearing costs, which at times led to further alienations of 15 Ngāti Xxxx Xxxxxxx land; and

(c) the operation and impact of the native land laws, in particular the awarding of land to individual members of Ngāti Xxxx Xxxxxxx rather than to the iwi or hapū, made those lands more susceptible to partition,

fragmentation, and alienation; and 20

(d) this contributed to the further erosion of the traditional tribal structures of Ngāti Xxxx Xxxxxxx, which were based on collective tribal and hapū custodianship of land, and the Crown failed to take adequate steps to protect those structures and this was a breach of te Tiriti o Waitangi/the

Treaty of Waitangi and its principles. 25

(5) The Crown acknowledges that—

(a) it sought to purchase Ngāti Xxxx Xxxxxxx interests in land blocks before title to the land was determined by the Native Land Court, making pay‐ ments that sometimes took the form of goods from storekeepers charged

against Ngāti Xxxx Xxxxxxx land; and 30

(b) it made these payments despite recognising that they created severe divisions among Māori of the area; and

(c) it agreed to lease the Ohinemuri block from some of the owners in 1875 and assumed control of the leased land without the consent of all the

owners. All the rents payable to Ngāti Xxxx Xxxxxxx were used to repay 35

the advances paid before 1875 even though some of the owners had not accepted any of these advances; and

(d) it resumed purchasing Ohinemuri in 1877 despite its commitment in 1875 to refrain from purchasing Ohinemuri lands; and

(e) it used monopoly powers in all negotiations to purchase Ngāti Xxxx 40

Tokanui lands; and

Part 1 cl 9 Ngāti Xxxx Tokanui Claims Settlement Bill

(f) the combined effect of these actions was that the Crown failed to actively protect the interests of Ngāti Xxxx Xxxxxxx, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

(6) The Crown acknowledges that lands of significance to Ngāti Xxxx Tokanui near Paeroa and elsewhere were acquired by the Crown for the Hauraki Plains 5 Drainage Scheme (1908), including by means of compulsory takings. The Crown acknowledges that the loss of these lands hindered Ngāti Xxxx Xxxxxxx access to urupā, kaimoana, and other resources. The Crown also acknowledges that its public works takings are a significant grievance for Ngāti Xxxx Xxxxxxx.

(7) The Crown acknowledges that the cumulative effect of its actions and omis‐ 10 sions left Ngāti Xxxx Xxxxxxx virtually landless by the 1920s. The Crown’s failure to ensure that Ngāti Xxxx Xxxxxxx retained sufficient lands for its present

and future needs was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

(8) The Crown acknowledges that— 15

(a) the alienation of Ngāti Xxxx Xxxxxxx from their lands has profoundly affected their economic, social, and cultural development; and

(b) Ngāti Xxxx Xxxxxxx’x virtual landlessness since the 1920s has contributed to high levels of migration of Ngāti Xxxx Xxxxxxx and that most Ngāti

Xxxx Xxxxxxx now live outside their xxxx; and 20

(c) this has severely affected the way te reo Māori and knowledge of tikanga Māori practices are passed between generations of Ngāti Xxxx Xxxxxxx.

(9) The Crown acknowledges that it is an ongoing grievance for Ngāti Xxxx Xxxxxxx that, in 1978, their links with important urupā at Kotangitangi and Rauwharangi were destroyed when these urupā were awarded to other iwi. 25

(10) The Crown acknowledges that environmental changes and pollution since the 19th century have been a source of distress and grievance for Ngāti Xxxx Xxxxxxx. In particular, the Crown acknowledges that—

(a) gold-mining activities since 1895 have polluted and degraded the Ohine‐

muri and Waihou Rivers, and this has caused significant harm to the 30

health and well-being of Ngāti Xxxx Tokanui communities that relied upon the rivers for physical and spiritual sustenance; and

(b) modifications to the course of the Waihou and Ohinemuri Rivers and their tributaries since the 1890s have drained resource-rich wetlands,

destroyed Ngāti Xxxx Tokanui wāhi tapu, and caused significant harm to 35

kaimoana sources relied on by Ngāti Xxxx Xxxxxxx.

(11) The Crown further acknowledges that Ngāti Xxxx Tokanui communities have endured social deprivation for too long.

Ngāti Xxxx Tokanui Claims Settlement Bill Part 1 cl 9

Whakaaetanga o te Karauna ki a Ngāti Xxxx Tokanui

(1) E whakaae xxx te xxxxxxx xxxxx anō ia kia huri ki te whakatika i ngā nawe tuku iho a Ngāti Xxxx Tokanui i runga i te tika, me xxxx whakaae hoki kua xxx xxx mai te wā mō te whakamana me te tāpae paremata mō aua nawe.

(2) E whakaae xxx te Karauna nā te raupatu o Tauranga me ngā Ture e kīa nei ko 5 ngā Tauranga District Lands Act 1867 and 1868 i muru pokanoa ngā whāinga take tuku iho katoa i roto i xx xxxx raupatu, tae atu ki ērā o Ngāti Xxxx Tokanui,

ā, kāore hoki tērā i tika, e takahi xxx i te Tiriti o Waitangi me ōna mātāpono.

(3) E whakaae xxx xxxx te Xxxxxxx xxxxx i āta tika tana tiaki i ngā pānga tūturu o Ngāti Xxxx Tokanui i roto i ngā whenua i hiahia rātou ki te pupuru, i xxxx 10 huringa ki xx xxxx i xxx poraka o Te Puna me Katikati i te tau 1864, me xxxx

kore e tūhura i ngā whāinga tika o Ngāti Xxxx Tokanui, ā, he takahi hoki tēnei i Te Tiriti o Waitangi me ōna mātāpono.

(4) E whakaae xxx anō hoki te Karauna—

(a) kāore he huarahi kē atu i wātea ki ngā whānau me ngā hapū o Ngāti Xxxx 15 Tokanui ki te whai wāhi ki roto i ngā whakawā o te Kōti Whenua Māori,

hei tiaki i ō rātou whenua i ngā kerēme a ētehi, kia haumitia hoki ō rātou whenua ki roto i te ōhanga hou; ā

(b) nā ngā whakaritenga whenua Māori i tupu ai te wehewehe o ngā hapū, ā,

nā ngā whakaritenga taitara Kōti Whenua Māori i tau ai ngā nama tino 20 nui ki a rātou, tae atu ki ngā utunga mō te rūri me ngā rā whakawā, ā, nā konei hoki ka ngaro ētehi atu o ngā whenua o Ngāti Xxxx Tokanui; ā

(c) nā te mahinga me te pānga o ngā ture whenua Māori; otirā nā te whakawhiwhinga o ngā whenua ki te hunga takitahi o Ngāti Xxxx Tokanui, kaua ki ō rātou iwi me ō rātou hapū, i ngāwari ai te kotikoti i 25 aua poraka, te wāwāhi rānei, te ngaro rawa atu rānei; ā

(d) nā konei i hohoro ai te waimehatanga o ngā tikanga ā-iwi o Ngāti Xxxx Tokanui me te kaupapa pupuru whenua i herea ki te mana o te iwi me te hapū; ā, kīhai te Karauna i huri mai ki te whaiwhai i ngā mahi e tika xxx

xxx tiaki i aua whakaritenga, ā, ka noho tēnei hei takahitanga i te Tiriti o 30 Waitangi me ōna mātāpono.

(5) E whakaae xxx anō hoki te Karauna—

(a) i tahuri ia ki xx xxxx mai i ngā pānga o Ngāti Xxxx Tokanui i ngā poraka whenua i mua i te whakataunga o te taitara e te Kōti Whenua Māori, arā,

nā te utu mō aua whenua, ā, i ētehi wā ko aua utunga he rawa, he taonga 35 nā ngā kaipupuru toa hokohoko, i namatia ki ngā whenua o Ngāti Xxxx Tokanui; ā

(b) i haere xxx utunga pēnei ahakoa xxxx mōhio nā ēnei utunga i wehewehe te iwi Māori o xxxx xxxx; ā

(c) i whakaae ia ki te rīhi i te poraka o Ōhinemuri mai i ētehi o ngā 40 kaipupuru whenua i te tau 1875, me xxxx whakaae ki te whakahaere i

Part 1 cl 9 Ngāti Xxxx Tokanui Claims Settlement Bill

ētehi o aua whenua rīhi, me te kore tonu o ngā kaipupuru katoa e whakaae. Ko xxx xxxx xxxxx i tika kia utua ki a Ngāti Xxxx Tokanui i riro hei utu i xxx xxx tōmua i xxxxx xxx i mua ake i te tau 1875 ahakoa kāore anō ētehi o ngā kaipupuri whenua kia tango i tētehi o aua utunga tōmua;

ā 5

(d) i haere tonu anō xxxx xxxx i Ōhinemuri i te tau 1877 ahakoa xxxx kī taurangi i te tau 1875 e kore e hokona e ia ngā whenua o Ōhinemuri; ā

(e) i whakamahia e ia xxxx māna tokitoki i ngā whakawhitinga kōrero katoa hei hoko i ngā whenua o Ngāti Xxxx Tokanui; ka mutu; ā

(f) i te haupūtanga o ēnei mahi katoa kīhai te karauna i āta tiaki mārire i ngā 10

pānga o Ngāti Xxxx Tokanui, ā, he takahi tēnei i te Tiriti o Waitangi me ōna mātāpono.

(6) E whakaae xxx te karauna ko ngā whenua i noho hei whenua nui ki a Ngāti Xxxx Tokanui i te takiwā o Paeroa me ētehi atu wāhi i hokona e te Karauna mō

te Hauraki Plains Drainage Scheme (1908), tae atu ki ētehi tangohanga i āta 15

whakahaua. E whakaae xxx anō te Karauna nā te ngaromanga o aua whenua i raru ai te uru a Ngāti Xxxx Tokanui ki ō rātou urupā, ki ā rātou kaimoana, me ērā atu taonga. E whakaae xxx xxxx te Karauna xx xxx tangohanga whenua mō ngā mahi tūmatanui tētehi nawe nui nō Ngāti Xxxx Tokanui.

(7) E whakaae xxx te Karauna nā te haupūtanga o xxx mahi katoa me xxx hapanga 20

hoki, i noho whenua kore ai a Ngāti Xxxx Tokanui i te taenga ki te ngahuru tau 1920. Nā te korenga o te Karauna e āta whakarite tikanga kia pupuri tonu a Ngāti Xxxx Tokanui i ētehi whenua rawaka mō ōna hiahia o nāianei, mō ngā xx xxxx e tū mai nei, i takahia e ia te Tiriti o Waitangi me ōna mātāpono.

(8) E whakaae xxx anō hoki te Karauna— 25

(a) nā te rironga atu o ngā whenua i a Ngāti Xxxx Tokanui i xxxx xxxx ai te whanaketanga-ā-ōhanga, ā-xxxxxx, ā-ahurea hoki o te iwi; ā

(b) nā te tata noho whenua-kore o Ngāti Xxxx Tokanui mai i te ngahuru tau 1920 i kaha ake ai te heke o te tokomaha o ngā uri o Ngāti Xxxx Tokanui,

ā, ko te nuinga o Ngāti Xxxx Tokanui kei waho atu o tō rātou xxxx e noho 30

xxx; ā

(c) i kaha anō te pā o ēnei āhuatanga ki te āhua o te tuku i te reo Māori me ngā tikanga Māori mai i tētehi whakatupuranga o Ngāti Xxxx Tokanui ki tētehi.

(9) E whakaae xxx te Karauna ko tētehi nawe xxx xxxx mō Ngāti Xxxx Tokanui i te 35

tau 1978 i whakangaromia ngā hononga ki ētehi urupā mana nui i Kōtangitangi me Rauwharangi i te whakawhiwhinga o aua urupā ki ētehi atu iwi.

(10) E whakaae xxx te Karauna i noho ko ngā huringa taiao me ngā whakapokenga mai i te rautau tekau mā iwa hei mamaetanga nui, hei nawe nui hoki mō Ngāti

Xxxx Xxxxxxx. Otirā e whakaae xxx anō hoki te Karauna— 40

Ngāti Xxxx Tokanui Claims Settlement Bill Part 1 cl 10

	(a) nā ngā mahinga xxxx xxxxx mai i te tau 1895 i whakapoke, i tūkino ngā awa o Ōhinemuri me te Waihou, i tau ai te raruraru ki te hauora me te toiora o ngā hapori o Ngāti Xxxx Tokanui, ā, ko ēnei awa i ngā rā o mua te pātaka kai, ngā awa wairua hoki o te iwi; ā
	(b) nā ngā huringa i te awa rerenga o ngā awa o Waihou me Ohinemuri me xxx xxx i te ngahuru tau 1890 i mimiti ai ngā repo mōmona o taua takiwā, i tūkinotia hoki xxx xxxx tapu o Ngāti Xxxx Tokanui, i xxxx xxxx ai xxxx xxx puna kaimoana a Ngāti Xxxx Tokanui.	5
(11)	E whakaae xxx anō hoki te Karauna kua roa rawa a Ngāti Xxxx Tokanui e noho xxx i roto i te korekore me te rawakore.	10
10	Apology
	Crown apology
	The text of the apology offered by the Crown to Ngāti Xxxx Xxxxxxx, to your tūpuna, and to your mokopuna, as set out in the deed of settlement, is as follows:	15
	“(a) The Crown has prejudiced Ngāti Xxxx Tokanui by promoting laws and policies in New Zealand that led to the alienation of your whenua, caused environmental damage to the Waihou and Ohinemuri Rivers, eroded your tribal structures, and dislocated your people from their pā and kāinga. The Crown has failed to uphold its obligations under te Tiriti	20
	o Waitangi/the Treaty of Waitangi and has caused physical and spiritual hardship that is deeply felt today.
	(b) For its actions, which have caused Ngāti Xxxx Tokanui prejudice, and its breaches of te Tiriti o Waitangi/the Treaty of Waitangi and its principles, the Crown is truly sorry.	25
	(c) The Crown hopes that this settlement marks a new beginning in which the relationship that has been damaged can be restored, and that the Crown and Ngāti Xxxx Xxxxxxx can begin anew in a spirit of mutual respect and partnership, guided by the principles of te Tiriti o Wai‐ tangi/the Treaty of Waitangi.”	30

Te Whakapāha a te Karauna ki a Ngāti Xxxx Tokanui

E whakapāha xxx te Karauna ki a Ngati Xxxx Xxxxxxx, ki ōna tūpuna me xxx mokopuna:

“(a) I whakatoiharatia koutou e te Karauna i xxxx whakatairanga i ngā ture

me ngā kaupapa here i Aotearoa i ngaro ai ō koutou whenua, i takoto 35 kino ai ngā awa o Waihou me Ōhinemuri, i horohoro ai ngā tikanga e noho iwi kotahi ai koutou, i rērere ai te uri o te tangata i ō koutou pā, i ō koutou kāinga ki xxxx xx noho ai. Kīhai te Karauna i hautū i ōna kawenga i raro i te Tiriti o Waitangi, ā, ko ngā mamaetanga ā-kikokiko,

ā-wairua kei te pākikini tonu i waenga i te iwi i ēnei rā. 40

Part 1 cl 11 Ngāti Xxxx Tokanui Claims Settlement Bill

(b) Mō xxx mahi i whakatoiharatia ai a Ngāti Xxxx Tokanui, me xxx takahitanga i te Tiriti o Waitangi, ka nui te whakapāha a te Karauna.

(c) Ko te tūmanako ia o te Karauna, ka noho tēnei whakataunga hei tohu i tētahi tīmatanga hou kia hoki anō ai te whanaungatanga i huripokina i mua ki te ora, kia tīmata anō hoki te Karauna me Ngāti Xxxx Tokanui ki 5 te haere whakamua i runga i te whakaaro pai, tētehi ki tētehi, me te mahi ngātahi, i runga anō i te aronga ki ngā mātāpono o te Tiriti o Waitangi.”

Interpretation provisions

11 Interpretation of Act generally

It is the intention of Parliament that the provisions of this Act are interpreted in 10 a manner that best furthers the agreements expressed in the deed of settlement.

12 Interpretation

(1) In this Act, unless the context otherwise requires,—

administering body has the meaning given in section 2(1) of the Reserves Act 1977 15

aquatic life has the meaning given in section 2(1) of the Conservation Act 1987

attachments means the attachments to the deed of settlement

Commissioner of Crown Lands means the Commissioner of Crown Lands appointed under section 24AA of the Land Act 1948 20

consent authority has the meaning given in section 2(1) of the Resource Management Act 1991

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

conservation management plan has the meaning given in section 2(1) of the 25

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

cultural redress property has the meaning given in section 22 30

deed of settlement—

(a) means the deed of settlement dated 28 July 2022 and signed by—

(i) the Honourable Xxxxxx Xxxxx Xxxxxx, Minister for Treaty of Wai‐ tangi Negotiations, and the Honourable Xxxxx Xxxxxx Xxxxxxxxx, Minister of Finance, for and on behalf of the Crown; and 35

(ii) Dr Xxxxxx Xxx Xxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxx Xxxx, for and on behalf of Ngāti Xxxx Xxxxxxx; and

Ngāti Xxxx Tokanui Claims Settlement Bill Part 1 cl 12

(iii) Dr Xxxxxx Xxx Xxxxxxx Xxxxxxxx, Xxxxxxx Xxxxxxx Xxxx, Xxxxx Xxxxxxxx Xxxx, Xxxxxx Xxxx, and Xxxxxxx Xxxx, being the trustees of the Ngāti Xxxx Xxxxxxx Trust; and

(b) includes—

(i) the schedules of, and attachments to, the deed; and 5

(ii) any amendments to the deed or its schedules and attachments deferred selection property has the meaning given in section 83 Director-General means the Director-General of Conservation

documents schedule means the documents schedule of the deed of settlement

effective date means the date that is 6 months after the settlement date 10

historical claims has the meaning given in section 14

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

jointly vested property has the meaning given in section 22

LINZ means Land Information New Zealand 15

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

member of Ngāti Xxxx Xxxxxxx means an individual referred to in section 13(1)(a)

national park management plan has the meaning given to management plan 20

in section 2 of the National Parks Act 1980

Ngāti Xxxx Xxxxxxx Trust means the trust of that name established by a trust deed dated 1 February 2014

Pouarua Farm Limited Partnership means the limited partnership of that name registered on 8 November 2013 with registration number 2591742 25

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 30

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 35

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

(i) the collective group referred to in section 13(1)(a); or

Part 1	cl 13 Ngāti Xxxx Xxxxxxx Claims Settlement Bill
	(ii) 1 or more members of Ngāti Xxxx Xxxxxxx; or
	(iii) 1 or more of the whānau, hapū, or groups referred to in section 13(1)(c)
	reserve has the meaning given in section 2(1) of the Reserves Act 1977
	reserve property has the meaning given in section 22	5
	resource consent has the meaning given in section 2(1) of the Resource Man‐
	agement Act 1991
	settlement date means the date that is 60 working days after the date on which
	this Act comes into force
	statutory acknowledgement has the meaning given in section 64	10
	tikanga means customary values and practices
	trustees of the Ngāti Xxxx Xxxxxxx Trust and trustees mean the trustees,
	acting in their capacity as trustees, of the Ngāti Xxxx Xxxxxxx Trust
	whenua rāhui has the meaning given in section 49
	working day means a day other than—	15
	(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‐
	ing Monday:	20
	(c) a day in the period commencing with 25 December in any year and
	ending with the close of 15 January in the following year:
	(d) the days observed as the anniversaries of the provinces of Auckland and
	Wellington.
(2)	In this Act, a reference to the vesting of a cultural redress property, or the	25
	vesting of the fee simple estate in a cultural redress property, includes the
	vesting of an undivided share of the fee simple estate in the property.
13	Meaning of Ngāti Xxxx Xxxxxxx
(1)	In this Act, Ngāti Xxxx Xxxxxxx—
	(a) means the collective group composed of individuals who are descended	30
	from an ancestor of Ngāti Xxxx Xxxxxxx; and
	(b) includes those individuals; and
	(c) includes any whānau, hapū, or group to the extent that it is composed of
	those individuals, including the following Ngāti Xxxx Tokanui groups:
	(i) Ngāti Xxxx; and	35
	(ii) Ngāti Koi; and
	(iii) Ngāti Tokanui.

Ngāti Xxxx Tokanui Claims Settlement Bill Part 1 cl 14

(2) In this section and section 14,—

ancestor of Ngāti Xxxx Xxxxxxx means an individual who—

(a) exercised customary rights by virtue of being descended from—

(i) Xxxx; or

(ii) any other recognised ancestor of a group referred to in part 10 of 5 the deed of settlement; and

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

area of interest means the area shown as the Ngāti Xxxx Tokanui area of interest in part 1 of the attachments 10

customary rights means rights exercised according to tikanga Māori, includ‐ ing—

(a) rights to occupy land; and

(b) rights in relation to the use of land or other natural or physical resources

descended means that a person is descended from another person by— 15

(a) birth; or

(b) legal adoption; or

14	Meaning of historical claims	20
(1)	In this Act, historical claims—
	(a) means the claims described in subsection (2); and
	(b) includes the claims described in subsections (3) and (4); but
	(c) does not include the claims described in subsection (5).
(2)	The historical claims are every claim that Ngāti Xxxx Xxxxxxx or a representa‐ tive entity had on or before the settlement date, or may have after the settle‐ ment date, and that—	25
	(a) is founded on a right arising—
	(i) from the Treaty of Waitangi or its principles; or
	(ii) under legislation; or	30
	(iii) at common law (including aboriginal title or customary law); or
	(iv) from a fiduciary duty; or
	(v) otherwise; and
	(b) arises from, or relates to, acts or omissions before 21 September 1992—
	(i) by or on behalf of the Crown; or	35
	(ii) by or under legislation.

Part 1 cl 15 Ngāti Xxxx Tokanui Claims Settlement Bill

(3) The historical claims include—

(a) a claim to the Waitangi Tribunal that relates exclusively to Ngāti Xxxx Xxxxxxx or a representative entity, including the Wai 714 (Hone Tiwae‐ xxx Xxxxxxxx) claim, to the extent that subsection (2) applies to the claim; and 5

(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 Xxxx Xxxxxxx or a representative entity; and

(ii) subsection (2) applies to the claim. 10

(4) The claims referred to in subsection (3)(b) include—

(a) Wai 100 (Hauraki Māori Trust Board claim); and

(b) Wai 373 (Maramarua State Forest claim); and

(d) Wai 650 (Athenree Forest and Surrounding Lands claim); and 15

(e) Wai 865 (Waihou Railway Land claim).

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

(a) a claim that a member of Ngāti Xxxx Xxxxxxx, 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 20

not an ancestor of Ngāti Xxxx Xxxxxxx; or

(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 25

date.

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 respect of those claims.	30
(3)	Subsections (1) and (2) do not limit—

(a) the deed of settlement; or

(b) the collective deed. 35

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

Ngāti Xxxx Tokanui Claims Settlement Bill Part 1 cl 17

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

(d) the redress provided under the deed of settlement of this Act; or

(e) each of the following, to the extent that it relates to Ngāti Xxxx Xxxxxxx:

(i) the collective deed:

(ii) the Pare Hauraki Collective Redress Act 2022:

(iii) the redress provided under the collective deed or the Pare Haur- 10

aki Collective Redress Act 2022.

(5) Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of—

(a) the deed of settlement; or

(b) the collective deed; or 15

(d) the Pare Hauraki Collective Redress Act 2022.

(6)	In this section, collective deed means the Pare Hauraki collective deed defined in section 9(1) of the Pare Hauraki Collective Redress Act 2022.
	Amendment to Treaty of Waitangi Act 1975	20
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 Xxxx Tokanui Claims Settlement Act 2022, section 15(4) and (5)
	Resumptive memorials no longer to apply	25
17	Certain enactments do not apply
(1)	The enactments listed in subsection (2) do not apply—
	(a) to a cultural redress property; or
	(b) to the deferred selection property on and from the date of its transfer to
	the trustees; or	30
	(c) to the Pouarua Farm property; or
	(d) for the benefit of Ngāti Xxxx Xxxxxxx or a representative entity.
(2)	The enactments are—
	(a) Part 3 of the Crown Forest Assets Act 1989:

Part 1	cl 18 Ngāti Xxxx Tokanui Claims Settlement Bill
	(b) sections 568 to 570 of the Education and Training Act 2020:
	(c) Part 3 of the New Zealand Railways Corporation Restructuring Act
	1990:
	(d) sections 27A to 27C of the State-Owned Enterprises Act 1986:
	(e) sections 8A to 8HJ of the Treaty of Waitangi Act 1975.	5
18	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—
	(a) is all or part of—	10
	(i) a cultural redress property:
	(ii) the deferred selection property:
	(iii) the Pouarua Farm property; and
	(b) is subject to a resumptive memorial recorded under an enactment listed
	in section 17(2).	15
(2)	The chief executive of LINZ must issue a certificate as soon as is reasonably
	practicable after—
	(a) the settlement date, for a cultural redress property and for the Pouarua
	Farm property; or
	(b) the date of transfer of the property to the trustees, for the deferred	20
	selection property.
(3)	Each certificate must state that it is issued under this section.
(4)	As soon as is reasonably practicable after receiving a certificate, the Registrar-
	General must—
	(a) register the certificate against each record of title identified in the certifi‐	25
	cate; and
	(b) cancel each memorial recorded under an enactment listed in section 17(2) on a record of title identified in the certificate, but only in respect
	of each allotment described in the certificate.
	Miscellaneous matters	30
19	Limit on duration of trusts does not apply
(1)	A limit on the duration of a trust in any rule of law, and a limit in the provisions
	of any Act, including section 16 of the Trusts Act 2019,—
	(a) do not prescribe or restrict the period during which—
	(i) the Ngāti Xxxx Tokanui Trust may exist in law; or	35

Ngāti Xxxx Tokanui Claims Settlement Bill Part 2 cl 22

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

(b) do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that

	Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.	5
(2)	However, if the Ngāti Xxxx Xxxxxxx Trust is or becomes a charitable trust, the
	trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019.
20	Access to deed of settlement
	The chief executive of the Office for Māori Crown Relations—Xx Xxxxxxxx	10
	must make copies of the deed of settlement available—
	(a) for inspection free of charge, and for purchase at a reasonable price, at
	that Office in Wellington between 9 am and 5 pm on any working day;
	and
	(b) free of charge on an Internet site maintained by or on behalf of that	15
	Office.
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	20
	Cultural redress
	Subpart 1—Vesting of cultural redress properties
22	Interpretation
	In this subpart,—
	cultural redress property means each of the following properties, and each property means the land of that name described in Schedule 1:	25

Properties vested in fee simple

(a) Kepa Place:

(b) Ngā Xxx Xxxx:

Properties vested in fee simple to be administered as reserves

(d) Ngāmarama:

(e) Ngāti Koi Domain:

(f) Tawhitiaraia:

(g) Xx Xxx o Tiki Te Aroha: 35

Part 2 cl 23 Ngāti Xxxx Tokanui Claims Settlement Bill

Properties vested in fee simple subject to conservation covenant

(h) Karangahake:

(i) Mimitu Pā

Hako settlement legislation means legislation that—

(a) settles the historical claims of Hako; and 5

(b) provides for the vesting, in the trustees of the Hako Tūpuna Trust,—

(i) of an undivided half share of the fee simple estate in the Tanners Point property; and

(ii) of an undivided third share of the fee simple estate in Karanga‐

xxxx 10

Hako Tūpuna Trust means the trust of that name established by a trust deed dated 26 August 2014

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 42 15

jointly vested property means each of the properties named in paragraphs

Ngāti Tamaterā Treaty Settlement Trust means the trust of that name estab‐ lished by a trust deed dated 22 October 2013

reserve property means each of the properties named in paragraphs (d) to 20

(g) of the definition of cultural redress property.

Properties vested in fee simple

00	Xxxx Xxxxx
(1)	Kepa Place ceases to be a conservation area under the Conservation Act 1987.
(2)	The fee simple estate in Kepa Place vests in the trustees.	25
24	Ngā Xxx Xxxx
	The fee simple estate in Ngā Xxx Xxxx vests in the trustees.
00	Xxxxxxx Xxxxx property
(1)	This section takes effect on and from the later of the following dates:
	(a) the settlement date:	30
	(b) the settlement date under Hako settlement legislation.
(2)	The fee simple estate in the Tanners Point property vests as undivided half shares in the specified groups of trustees as tenants in common as follows:
	(a) a share vests in the trustees under this paragraph; and

Ngāti Xxxx Tokanui Claims Settlement Bill Part 2 cl 28

(b) a share vests in the trustees of the Hako Tūpuna Trust under Hako settlement legislation.

Properties vested in fee simple to be administered as reserves

26	Ngāmarama
(1)	The reservation of Ngāmarama (being Mackaytown Recreation Reserve) as a	5
	recreation reserve subject to the Reserves Act 1977 is revoked.
(2)	Ngāmarama ceases to be a conservation area under the Conservation Act 1987.
(3)	The fee simple estate in Ngāmarama vests in the trustees.
(4)	Ngāmarama is declared a reserve and classified as a recreation reserve subject
	to section 17 of the Reserves Act 1977.	10
(5)	The reserve is named Ngāmarama Recreation Reserve.
27	Ngāti Koi Domain
(1)	The reservation of Ngāti Koi Domain as a recreation reserve subject to the
	Reserves Act 1977 is revoked.
(2)	The fee simple estate in Ngāti Koi Domain vests in the trustees.	15
(3)	Ngāti Koi Domain is declared a reserve and classified as a recreation reserve
	subject to section 17 of the Reserves Act 1977.
(4)	The reserve is named Ngāti Koi Domain Recreation Reserve.
(5)	The joint management body is the administering body of the reserve, and the
	Reserves Act 1977 applies to the reserve as if the reserve were vested in the	20
	body (as if the body were trustees) under section 26 of that Act.
(6)	However, the joint management body may exercise or perform, as if it were
	a local authority, a power or function that the Minister of Conservation has
	delegated to local authorities under section 10 of the Reserves Act 1977, but
	only to the extent that the power or function is relevant to the reserve.	25
28	Council improvements attached to Ngāti Koi Domain
(1)	This section applies to the improvements owned by the Hauraki District Coun‐
	cil (the Council) and attached to the Ngāti Koi Domain (the property) as at the date of its vesting under section 27(2), and despite that vesting.
(2)	Improvements owned by the Council immediately before the vesting—	30
	(a) remain vested in the Council; and
	(b) are personal property, no longer forming part of the property, and do not
	confer an estate or interest in the property; and
	(c) may remain attached to the property without the consent of the owners
	of the property or the administering body, and without charge; and	35
	(d) may be accessed, used, occupied, repaired, or maintained by the Coun‐
	cil, or those authorised by the Council, at any time without the consent

Part 2 cl 29 Ngāti Xxxx Tokanui Claims Settlement Bill

of the owners of the property or the administering body, and without charge.

(3)	Improvements referred to in subsection (2) may, without charge, but sub‐ ject to any relevant statutory requirement, be removed or demolished by the
	Council at any time without the consent of the owners of the property or the	5
	administering body.
(4)	However, the Council must—
	(a) give the owners of the property and the administering body not less than
	15 working days’ written notice of the intended removal or demolition;
	and	10
	(b) after the removal or demolition, ensure that the land is left in a clean and
	tidy condition.
(5)	Subsection (2) applies subject to any other enactment that governs the own‐ ership of an improvement.
(6)	For the purposes of administering the reserve under the Reserves Act 1977, the	15
	administering body is responsible for any decisions in respect of a matter that
	arises from a person exercising, or purporting to exercise, a right in relation to
	an improvement attached to the property.
(7)	Subsection (6) is subject to any other enactment that governs the use of the improvement concerned.	20
(8)	The ~~trustees~~ owners of the property are not liable for an improvement for
	which they would, apart from this section, be liable by reason of their owner‐
	ship of the property.
29	Tawhitiaraia
(1)	The reservation of Tawhitiaraia (being part of Orokawa Scenic Reserve) as a	25
	scenic reserve subject to the Reserves Act 1977 is revoked.
(2)	The fee simple estate in Tawhitiaraia vests in the trustees.
(3)	Tawhitiaraia is declared a reserve and classified as a scenic reserve for the
	purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)	The reserve is named Tawhitiaraia Scenic Reserve.	30
(5)	Subsections (1) to (4) do not take effect until the trustees have provided—
	(a) the Crown with a registrable right of way easement in gross on the terms
	and conditions set out in part 5.2 of the documents schedule; and
	(b) the Western Bay of Plenty District Council with a registrable right of
	way easement in gross on the terms and conditions set out in part 5.5 of	35
	the documents schedule.
(6)	Despite the provisions of the Reserves Act 1977, the easements—
	(a) are enforceable in accordance with their terms; and

Ngāti Xxxx Tokanui Claims Settlement Bill Part 2 cl 31

(b) are to be treated as having been granted in accordance with the Reserves Act 1977.

30	Xx Xxx o Tiki Te Aroha
(1)	The reservation of Xx Xxx o Tiki Te Aroha (being part of Karangahake Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked, and accordingly Xx Xxx o Tiki Te Aroha ceases to be part of the Hauraki Gulf Marine Park.	5
(2)	The fee simple estate in Xx Xxx o Tiki Te Aroha vests in the trustees.
(3)	Xx Xxx o Tiki Te Aroha is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.	10
(4)	The reserve is named Xx Xxx o Tiki Te Aroha Scenic Reserve.

Properties vested in fee simple subject to conservation covenant

31	Karangahake
(1)	This section takes effect on and from the later of the following dates:
	(a) the settlement date:	15
	(b) the settlement date under Hako settlement legislation.
(2)	Karangahake (being part of Kaimai Mamaku Conservation Park) ceases to be
	part of the Park and a conservation area under the Conservation Act 1987, and
	accordingly ceases to be part of the Hauraki Gulf Marine Park.
(3)	The fee simple estate in Karangahake vests as undivided third shares in the	20
	specified groups of trustees as tenants in common as follows:
	(a) a share vests in the trustees under this paragraph; and
	(b) a share vests in the trustees of the Hako Tūpuna Trust under Hako
	settlement legislation; and
	(c) a share vests in the trustees of the Ngāti Tamaterā Treaty Settlement	25
	Trust under section 64(3)(a) of the Ngāti Tamaterā Claims Settle- ment Act 2022.
(4)	Subsections (2) and (3) do not take effect until the trustees referred to in subsection (3) have jointly provided the Crown with—
	(a) a registrable covenant in relation to Karangahake on the terms and	30
	conditions set out in part 5.4 of the documents schedule; and
	(b) a registrable right of way easement in gross on the terms and conditions
	set out in part 5.3 of the documents schedule.
(5)	The covenant is to be treated as a conservation covenant for the purposes of—
	(a) section 77 of the Reserves Act 1977; and	35
	(b) section 27 of the Conservation Act 1987.

Part 2 cl 32 Ngāti Xxxx Tokanui Claims Settlement Bill

32	Mimitu Pā
(1)	Mimitu Pā (being part of Coromandel Forest Park) ceases to be part of the Park
	and a conservation area under the Conservation Act 1987, and accordingly
	ceases to be part of the Hauraki Gulf Marine Park.
(2)	The fee simple estate in Mimitu Pā vests in the trustees.	5
(3)	Subsections (1) and (2) do not take effect until the trustees have provided
	the Crown with a registrable covenant in relation to Mimitu Pā on the terms
	and conditions set out in part 5.1 of the documents schedule.
(4)	The covenant is to be treated as a conservation covenant for the purposes of—
	(a) section 77 of the Reserves Act 1977; and	10
	(b) section 27 of the Conservation Act 1987.
	General provisions applying to vesting of cultural redress properties
33	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	15
	in Schedule 1.
34	Interests in land for Ngāti Koi Domain
(1)	This section applies to all or the part of Ngāti Koi Domain that remains a
	reserve under the Reserves Act 1977 (the reserve land), but only while the
	joint management body is the administering body of the reserve land.	20
(2)	Any interest in land that affects the reserve land must be dealt with for the
	purposes of registration as if the joint management body were the registered
	owner of the reserve land.
(3)	Subsection (2) continues to apply despite any subsequent transfer of the reserve land under section 46.	25
35	Interests that are not interests in land
(1)	This section applies if a cultural redress property is subject to an interest (other
	than an interest in land) that is listed for the property in Schedule 1, and for
	which there is a grantor, whether or not the interest also applies to land outside
	the cultural redress property.	30
(2)	The interest applies—
	(a) as if the owners of the cultural redress property were the grantor of the
	interest in respect of the property; and
	(b) until the interest expires or is terminated, but any subsequent transfer of
	the cultural redress property must be ignored in determining whether the	35
	interest expires or is or may be terminated; and
	(c) with any other necessary modifications; and

Ngāti Xxxx Tokanui Claims Settlement Bill Part 2 cl 36

(d) despite any change in status of the land in the property.

36	Registration of ownership
(1)	This section applies to a cultural redress property vested in the trustees under
	this subpart.
(2)	Subsection (3) applies to a cultural redress property (other than a jointly	5
	vested property), but only to the extent that the property is all of the land
	contained in a record of title for a fee simple estate.
(3)	The Registrar-General must, on written application by an authorised person,—
	(a) register the trustees as the owners of the fee simple estate in the prop‐
	erty; and	10
	(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 cultural redress property (other than a jointly vested property), but only to the extent that subsection (2) does not apply to
	the property.	15
(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
	(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.
(6)	For a jointly vested property, the Registrar-General must, in accordance with a
	written application by an authorised person,—
	(a) create a record of title for an undivided equal share of the fee simple
	estate in the property in the names of the trustees; and	25
	(b) record on the record of title any interests that are registered, noted, or to
	be noted and that are described in the application.
(7)	Subsections (5) and (6) are subject to the completion of any survey neces‐
	sary to create a record of title.
(8)	A record of title must be created under this section as soon as is reasonably	30
	practicable after the date on which the property vests, but not later than—
	(a) 24 months after that date; or
	(b) any later date that is agreed in writing,—
	(i) in the case of a property that is not jointly vested, by the Crown
	and the trustees; or	35
	(ii) in the case of a jointly vested property, by the Crown, the trustees,
	and the trustees of any other trust in whom the property is jointly
	vested.

Part 2 cl 37 Ngāti Xxxx Tokanui Claims Settlement Bill

(9) In this section, authorised person means a person authorised by—

(a) the chief executive of LINZ, for the following properties:

(i) Ngā Xxx Xxxx:

(ii) Tanners Point property:

	(b) the Director-General, for all other properties.	5
37	Application of Part 4A of Conservation Act 1987
(1)	The vesting of the fee simple estate in a cultural redress property in the
	trustees under this subpart is a disposition for the purposes of Part 4A of the
	Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not
	apply to the disposition.	10
(2)	Section 24 of the Conservation Act 1987 does not apply to the vesting of a
	reserve property.
(3)	The marginal strip reserved by section 24 of the Conservation Act 1987 from
	the vesting of Ngā Xxx Xxxx is reduced to a width of 3 metres.
(4)	If the reservation of a reserve property under this subpart is revoked for all	15
	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.
(5)	Subsections (2) to (4) do not limit subsection (1).
38	Matters to be recorded on record of title	20
(1)	The Registrar-General must record on the record of title—
	(a) for a reserve property,—
	(i) that the land is subject to Part 4A of the Conservation Act 1987,
	but that section 24 of that Act does not apply; and
	(ii) that the land is subject to—	25
	(A) sections 37(4) and 44; and
	(B) section 34(2), in the case of Ngāti Koi Domain; and
	(b) for Ngā Xxx Xxxx, that the land is subject to Part 4A of the Conservation
	Act 1987, but that the marginal strip is reduced to a width of 3 metres;
	and	30
	(c) for any other cultural redress property, that the land is subject to Part 4A
	of the Conservation Act 1987.
(2)	A notation made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance
	with section 24D(1) of that Act.	35
(3)	For a reserve property (other than Ngāti Koi Domain), if the reservation of the
	property under this subpart is revoked for—

Ngāti Xxxx Xxxxxxx Claims Settlement Bill Part 2 cl 39

	(a) all of the property, the Director-General must apply in writing to the Registrar-General to remove from the record of title for the property the notations that—
	(i) section 24 of the Conservation Act 1987 does not apply to the
	property; and	5
	(ii) the property is subject to sections 37(4) and 44; or
	(b) part of the property, the Registrar-General must ensure that the notations
	referred to in paragraph (a) remain only on the record of title for the
	part of the property that remains a reserve.
(4)	For Ngāti Koi Domain,—	10
	(a) if the property remains a reserve but the joint management body is no
	longer the administering body 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 notation that the property is subject to section 34(2); or	15
	(b) if the reservation of the property under this subpart is revoked for—
	(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	20
	the property; and
	(B) the property is subject to sections 37(4) and 44; and
	(C) the property is subject to section 34(2), if that notation has not been removed under paragraph (a); or
	(ii) part of the property, the Registrar-General must ensure that the	25
	notations referred to in subparagraph (i) remain only on the
	record of title for the part of the property that remains a reserve.
(5)	The Registrar-General must comply with an application received in accordance
	with subsection (3)(a), (4)(a), or (4)(b)(i), as relevant.
39	Application of other enactments	30
(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 a cultural redress property
	under this subpart.
(2)	The permission of a council under section 348 of the Local Government Act
	1974 is not required for laying out, forming, granting, or reserving a private	00
	xxxx, private way, or right of way required to fulfil the terms of the deed of
	settlement in relation to a cultural redress property.
(3)	Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation,
	under this subpart, of the reserve status of a cultural redress property.

Part 2 cl 40 Ngāti Xxxx Tokanui Claims Settlement Bill

(4) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

(a) the vesting of the fee simple estate in a cultural redress property under this subpart; or

(b) any matter incidental to, or required for the purpose of, the vesting. 5

40	Names of Crown protected areas discontinued
(1)	Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the date on which the property vests, was all
	or part of a Crown protected area.
(2)	The official geographic name of the Crown protected area is discontinued in	10
	respect of the land, or the part of the land, and the Board must amend the
	Gazetteer accordingly.
(3)	In this section, Board, Crown protected area, Gazetteer, and official geo‐
	graphic name have the meanings given in section 4 of the New Zealand
	Geographic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008.	15

Further provisions applying to reserve properties

41	Application of other enactments to reserve properties
(1)	The trustees are the administering body of a reserve property, except as provi‐ ded for in section 27.
(2)	Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in	20
	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	25
	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	30
	apply to the proposed name.
(6)	While the joint management body is the administering body of Ngāti Koi
	Domain,—
	(a) subsection (2) does not apply to the property; and
	(b) Part 4 of the Reserves Act 1977, which relates to financial provisions,	35
	applies to the joint management body as if it were a local authority; and

Ngāti Xxxx Tokanui Claims Settlement Bill Part 2 cl 43

(c) the Hauraki District Council must, to the extent that it is reasonably practicable to distinguish the revenue derived from that property from any other revenue received by the Council,—

(i) hold the revenue received from the property by the joint manage‐ ment body in its capacity as the administering body; and 5

(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 property.

42	Joint management body for Ngāti Koi Domain	10
(1)	A joint management body is established for Ngāti Koi Domain.
(2)	The following are appointers for the purposes of this section:

(a) the trustees; and

(b) the Hauraki District Council.

(3)	Each appointer must appoint 2 members to the joint management body.	15
(4)	At least 1 member of the members appointed by the Hauraki District Council
	must be an elected member whose area of representation includes Ngāti Koi
	Domain.
(5)	A member is appointed only if the appointer gives written notice with the
	following details to the other appointers:	20
	(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
	than the date of the notice.
(6)	An appointment ends after 3 years or when the appointer replaces the member
	by making another appointment.	25
(7)	Despite subsection (6), each term of a member referred to in subsection (4) ends on the same day as the term of office of that member ends before a
	triennial general election under the Local Electoral Act 2001.
(8)	A member may be appointed, reappointed, or discharged at the discretion of
	the appointer.	30
43	Application of Reserves Act 1977 to joint management body
(1)	Unless otherwise provided by this Act, sections 32 to 34 of the Reserves Act
	1977 apply to the joint management body established by section 42 (the
	body) as if it were a board.
(2)	The following provisions apply, despite the specified requirements of the	35
	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:

Part 2 cl 44 Ngāti Xxxx Xxxxxxx Claims Settlement Bill

	(b) despite section 32(5) of that Act,—
	(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	5
	the deputy chairperson must alternate between the Hauraki Dis‐
	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	10
	(ii) if a consensus cannot be reached within a reasonable time, a
	decision must be made by majority vote:
	(d) despite section 32(8) and (9) of that Act, all members must be present
	for all business of the body:
	(e) despite section 32(10) of that Act, the members must strive to reach a	15
	consensus, but if that cannot be reached within a reasonable time, the
	question must be determined by majority vote:
	(f) despite section 41(1) of that Act,—
	(i) the management plan that is in force immediately before the
	settlement date for all of the reserves administered by the Hauraki	20
	District Council in the area in which Ngāti Koi Domain is located
	continues to apply to Ngāti Koi Domain; and
	(ii) when the Council is reviewing that plan, to the extent that it
	applies to Ngāti Koi Domain, the body must prepare and approve
	a separate management plan for that property.	25
(3)	In this section, consensus means the absence of a formally recorded dissent by
	a member at a meeting of the body.
44	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	30
	trustees under this subpart.
(2)	The fee simple estate in the reserve land may be transferred only in accordance
	with section 45 or 46.
(3)	In this section and sections 45 to 47, reserve land means the land that remains a reserve as described in subsection (1).	35
45	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).

Ngāti Xxxx Tokanui Claims Settlement Bill Part 2 cl 47

(2) The Minister of Conservation must give written consent to the transfer if the registered owners satisfy the Minister that the new owners are able—

(a) to comply with the requirements of the Reserves Act 1977; and

(b) to perform the duties of an administering body under that Act.

(3) The Registrar-General must, upon receiving the required documents, register 5 the new owners as the owners of the fee simple estate in the reserve land.

(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 10 was held by the administering body immediately before the transfer; and

(b) the written consent of the Minister of Conservation to the transfer of the reserve land; and

(c) the written consent of the administering body of the reserve land, if the trustees are transferring the reserve land but are not the administering 15 body; and

(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 20

(b) hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.

(6) A transfer that complies with this section need not comply with any other requirements.

46 Transfer of reserve land if trustees change 25

The registered owners of the reserve land may transfer the fee simple estate in the reserve land if—

(a) the transferors of the reserve land are or were the trustees of a trust; and

(b) the transferees are the trustees of the same trust, after any new trustee

has been appointed to the trust or any transferor has ceased to be a 30

trustee of the trust; and

(c) the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees’ lawyer, verifying that para- graphs (a) and (b) apply.

47 Reserve land not to be mortgaged 35

The owners of reserve land must not mortgage, or give a security interest in, the reserve land.

Part 2 cl 48 Ngāti Xxxx Tokanui Claims Settlement Bill

48	Saving of bylaws, etc, in relation to reserve properties
(1)	This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or 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	5
	subpart.
(2)	The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 or the Reserves Act 1977.

Subpart 2—Whenua rāhui

49 Interpretation 10

In this subpart,—

Conservation Board means a board established under section 6L of the Con‐ servation Act 1987

New Zealand Conservation Authority means the Authority established by section 6A of the Conservation Act 1987 15

protection principles, for the whenua rāhui area,—

(a) means the principles agreed by the trustees and the Minister of Xxxxxx‐ xxxxxx, 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 20

specified actions, for the whenua rāhui area, means the actions set out for the area in part 1 of the documents schedule

statement of values, for the whenua rāhui area, means the statement—

(a) made by Xxxxx Xxxx Xxxxxxx of their values relating to their cultural, historical, spiritual, and traditional association with the whenua rāhui 25

area; and

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

whenua rāhui means the application of this subpart to the whenua rāhui area

whenua rāhui area—

(a) means the area that is declared under section 50(1) to be subject to the 30

whenua rāhui; but

(b) does not include an area that is declared under section 61(1) to be no longer subject to the whenua rāhui.

50	Declaration of whenua rāhui and the Crown’s acknowledgement
(1)	The area described in Schedule 2 is declared to be subject to the whenua rāhui.	35
(2)	The Crown acknowledges the statement of values for the whenua rāhui area.

Ngāti Xxxx Tokanui Claims Settlement Bill Part 2 cl 54

51	Purposes of whenua rāhui
	The only purposes of the whenua rāhui are—
	(a) to require the New Zealand Conservation Authority and relevant Xxxxxx‐ vation Boards to comply with the obligations in section 53; and
	(b) to enable the taking of action under sections 54 to 59.	5
52	Effect of protection principles
	The protection principles are intended to prevent the values stated in the state‐
	ment of values for the whenua rāhui area from being harmed or diminished.
53	Obligations on New Zealand Conservation Authority and Conservation
	Boards	10
(1)	When the New Zealand Conservation Authority or a Conservation Board con‐
	xxxxxx a conservation management strategy, conservation management plan,
	or national park management plan that relates to the whenua rāhui area, the
	Authority or Board must have particular regard to—
	(a) the statement of values for the area; and	15
	(b) the protection principles for the area.
(2)	Before approving a strategy or plan that relates to the whenua rāhui area, the
	New 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	20
	strategy or plan on—
	(i) any matters in the implementation of the statement of values for
	the area; and
	(ii) any matters in the implementation of the protection principles for
	the area.	25
(3)	If the trustees advise the New Zealand Conservation Authority in writing that
	they have significant concerns about a draft conservation management strategy
	in relation to the whenua rāhui area, the Authority must, before approving the
	strategy, give the trustees an opportunity to make submissions in relation to
	those concerns.	30
54	Noting of whenua rāhui in strategies and plans
(1)	The application of the whenua rāhui to the whenua rāhui area must be noted
	in any conservation management strategy, conservation management plan, or
	national park management plan affecting the area.
(2)	The noting of the whenua rāhui is—	35
	(a) for the purpose of public notice only; and

Part 2 cl 55 Ngāti Xxxx Tokanui Claims Settlement Bill

	(b) not an amendment to the strategy or plan for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.
55	Notification in Gazette
(1)	The Minister of Conservation must notify in the Gazette, as soon as practicable	5
	after the settlement date,—
	(a) the declaration made by section 50 that the whenua rāhui applies to the whenua rāhui area; and
	(b) the protection principles for the whenua rāhui area.
(2)	An amendment to the protection principles, as agreed by the trustees and the	10
	Minister of Conservation, must be notified by the Minister in the Gazette as
	soon as practicable after the amendment has been agreed in writing.
(3)	The Director-General may notify in the Gazette any action (including any specified action) taken or intended to be taken under section 56 or 57.
56	Actions by Director-General	15
(1)	The Director-General must take action in relation to the protection principles
	that relate to the whenua rāhui area, including the specified actions.
(2)	The Director-General retains complete discretion to determine the method and
	extent of the action to be taken.
(3)	The Director-General must notify the trustees in writing of any action that the	20
	Director-General intends to take.
57	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
	plan to incorporate objectives for the protection principles that relate to the	25
	whenua rāhui 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
	the Conservation Act 1987 or section 46(1) to (4) of the National Parks Act	30
	1980.
58	Regulations
(1)	The Governor-General may, by Order in Council made on the recommendation
	of the Minister of Conservation, make regulations for 1 or more of the follow‐
	ing purposes:	35
	(a) to provide for the implementation of objectives included in a strategy or plan under section 57(1):

Ngāti Xxxx Tokanui Claims Settlement Bill Part 2 cl 60

	(b) to regulate or prohibit activities or conduct by members of the public in relation to the whenua rāhui area: (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):	5
	(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.
(2)	Regulations made under this section are secondary legislation (see Part 3 of the	10
	Legislation Act 2019 for publication requirements).
59	Bylaws
(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	15
	plan under section 57(1):
	(b) to regulate or prohibit activities or conduct by members of the public in
	relation to the whenua rāhui area:
	(c) to create offences for breaches of bylaws made under paragraph (b):
	(d) to prescribe the following fines for an offence referred to in paragraph (c):	20
	(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.
(2)	Bylaws made under this section are secondary legislation (see Part 3 of the	25
	Legislation Act 2019 for publication requirements).
60	Effect of whenua rāhui on whenua rāhui area
(1)	This section applies if, at any time, the whenua rāhui applies to any land in—
	(a) a national park under the National Parks Act 1980; or
	(b) a conservation area under the Conservation Act 1987; or	30
	(c) a reserve under the Reserves Act 1977.
(2)	The whenua rāhui does not affect—
	(a) the status of the land as a national park, conservation area, or reserve; or
	(b) the classification or purpose of a reserve.

Part 2 cl 61 Ngāti Xxxx Tokanui Claims Settlement Bill

61	Termination of whenua rāhui
(1)	The Governor-General may, by Order in Council made on the recommendation
	of the Minister of Conservation, declare that all or part of the whenua rāhui
	area is no longer subject to the whenua rāhui.
(2)	The Minister of Conservation must not make a recommendation for the pur‐ poses of subsection (1) unless—	5
	(a) the trustees and the Minister of Conservation have agreed in writing that
	the whenua rāhui is no longer appropriate for the relevant area; or
	(b) the relevant area is to be, or has been, disposed of by the Crown; or
	(c) the responsibility for managing the relevant area is to be, or has been,	10
	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
	have input into the management of a relevant area if—
	(a) subsection (2)(c) applies; or	15
	(b) there is a change in the statutory management regime that applies to all
	or part of the whenua rāhui area.
(4)	The Minister of Conservation must ensure that an order made under this sec‐
	tion is published in the Gazette.
62	Exercise of powers and performance of functions and duties	20
(1)	The whenua rāhui 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	25
	values stated in the statement of values for the whenua rāhui area than that
	person would give if the area were not subject to the whenua rāhui.
(3)	Subsection (2) does not limit subsection (1).
(4)	This section is subject to the other provisions of this subpart.
63	Rights not affected	30
(1)	The whenua rāhui 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, the whenua rāhui area.	35
(2)	This section is subject to the other provisions of this subpart.

Ngāti Xxxx Tokanui Claims Settlement Bill Part 2 cl 67

Subpart 3—Statutory acknowledgement

64 Interpretation

In this subpart,—

relevant consent authority, for a statutory area, means a consent authority of

a region or district that contains, or is adjacent to, the statutory area 5

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

(a) made by Xxxxx Xxxx Xxxxxxx of their particular cultural, historical, spirit‐ ual, and traditional association with the statutory area; and

(b) set out in part 2 of the documents schedule

statutory acknowledgement means the acknowledgement made by the Crown 10

in section 65 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

statutory plan— 15

(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.

65 Statutory acknowledgement by the Crown 20

The Crown acknowledges the statements of association for the statutory areas.

66 Purposes of statutory acknowledgement

The only purposes of the statutory acknowledgement are—

(a) to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory 25

acknowledgement, in accordance with sections 67 to 69; 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

of applications to the trustees, in accordance with sections 70 and 71; 30

and

(c) to enable the trustees and any member of Ngāti Xxxx Xxxxxxx to cite the statutory acknowledgement as evidence of the association of Ngāti Xxxx Tokanui with a statutory area, in accordance with section 72.

67 Relevant consent authorities to have regard to statutory acknowledgement 35

(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.

Part 2 cl 68 Ngāti Xxxx Tokanui Claims Settlement Bill

(2)	On and from the effective date, a relevant consent authority must have regard
	to the statutory acknowledgement relating to the statutory area in deciding,
	under section 95E of the Resource Management Act 1991, whether the trustees
	are affected persons in relation to the activity.
(3)	Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.	5
68	Environment Court to have regard to statutory acknowledgement
(1)	This section applies to proceedings in the Environment Court in relation to an
	application for a resource consent for an activity within, adjacent to, or directly
	affecting a statutory area.	10
(2)	On and from the effective date, the Environment Court must have regard to
	the statutory acknowledgement relating to the statutory area in deciding, under
	section 274 of the Resource Management Act 1991, whether the trustees are
	persons with an interest in the proceedings greater than that of the general
	public.	15
(3)	Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991.
69	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	20
	Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake
	an activity that will or may modify or destroy an archaeological site within a
	statutory area.
(2)	On and from the effective date, Heritage New Zealand Pouhere Taonga must
	have regard to the statutory acknowledgement relating to the statutory area in	25
	exercising its powers under section 48, 56, or 62 of the Heritage New Zealand
	Pouhere Taonga Act 2014 in relation to the application.
(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	30
	decision; and
	(b) in determining, under section 59(1) or 64(1) of the Heritage New Zea‐
	land Pouhere Taonga Act 2014, an appeal against a decision of Heritage
	New Zealand Pouhere Taonga in relation to the application.
(4)	In this section, archaeological site has the meaning given in section 6 of the	35
	Heritage New Zealand Pouhere Taonga Act 2014.

Ngāti Xxxx Tokanui Claims Settlement Bill Part 2 cl 71

70	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.
(2)	The information attached to a statutory plan must include—	5
	(a) a copy of sections 65 to 69, 71, and 72; and
	(b) descriptions of the statutory areas wholly or partly covered by the plan;
	and
	(c) the statement of association for each statutory area.
(3)	The attachment of information to a statutory plan under this section is for the	10
	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.	15
71	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:	20
	(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.	25
(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—	30
	(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	35
	notice.
(5)	The trustees may, by written notice to a relevant consent authority,—

Part 2 cl 72 Ngāti Xxxx Tokanui Claims Settlement Bill

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

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

(6) This section does not affect the obligation of a relevant consent authority to decide,— 5

(a) under section 95 of the Resource Management Act 1991, whether to notify an application:

(b) under section 95E of that Act, whether the trustees are affected persons in relation to an activity.

72	Use of statutory acknowledgement	10
(1)	The trustees and any member of Ngāti Xxxx Xxxxxxx may, as evidence of the association of Ngāti Xxxx Xxxxxxx with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before—	15
	(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.	20
(2)	The content of a statement of association is not, because of the statutory

acknowledgement, binding as fact on—

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

(b) parties to proceedings before those bodies; or

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

(4) To avoid doubt,—

(a) neither the trustees nor members of Ngāti Xxxx Xxxxxxx are precluded

from stating that Ngāti Xxxx Xxxxxxx has an association with a statutory 30

area that is not described in the statutory acknowledgement; and

(b) the content and existence of the statutory acknowledgement do not limit any statement made.

General provisions relating to statutory acknowledgement

73 Application of statutory acknowledgement to river or stream 35

If any part of the statutory acknowledgement applies to a river or stream, including a tributary, that part of the acknowledgement—

Ngāti Xxxx Tokanui Claims Settlement Bill Part 2 cl 76

(a) applies only to—

(i) the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and

(ii) the bed of the river or stream, which is the land that the waters of 5 the river or stream cover at their fullest flow without flowing over

the banks of the river or stream; but

(b) does not apply to—

(i) a part of the bed of the river or stream that is not owned by the Crown; or 10

(ii) an artificial watercourse.

74	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.	15
(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 Xxxx Tokanui 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).	20
(4)	This section is subject to the other provisions of this subpart.
75	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	25
	(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.

Consequential amendment to Resource Management Act 1991

Amendment to Resource Management Act 1991

(1)

This section amends the Resource Management Act 1991.

(2)

In Schedule 11, insert in its appropriate alphabetical order:

Ngāti Xxxx Tokanui Claims Settlement Act 2022

Part 2 cl 77 Ngāti Xxxx Tokanui Claims Settlement Bill

Subpart 4—Protocols

77 Interpretation In this subpart,— protocol—

(a) means each of the following protocols issued under section 78(1)(a): 5

(i) the primary industries protocol:

(ii) the taonga tūturu protocol; and

(b) includes any amendments made under section 78(1)(b)

responsible Minister means the 1 or more Ministers who have responsibility under a protocol. 10

General provisions applying to protocols

78 Issuing, amending, and cancelling protocols

(1) The responsible Minister—

(a) must issue a protocol to the trustees on the terms set out in part 4 of the documents schedule; and 15

(b) may amend or cancel that protocol.

(2) The responsible Minister may amend or cancel a protocol at the initiative of—

(a) the trustees; or

(b) the responsible Minister.

(3) The responsible Minister may amend or cancel a protocol only after consulting, 20

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

79 Protocols subject to rights, functions, and duties

A protocol does not restrict—

(a) the ability of the Crown to exercise its powers and perform its func‐

tions and duties in accordance with the law and Government policy, for 25

example, the ability—

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

(ii) to interact with or consult a person that the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or 30

(b) the responsibilities of the responsible Minister or a department of State; or

80 Enforcement of protocols

(1) The Crown must comply with a protocol while it is in force. 35

Ngāti Xxxx Tokanui Claims Settlement Bill Part 2 cl 81

(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 are not available as a remedy for a failure by the Crown to comply with a

protocol. 5

(4) To avoid doubt,—

(a) subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and

(b) subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2). 10

Primary industries

81	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 the 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.
(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:	20
	(a) the Fisheries Act 1996:
	(b) the Maori Commercial Aquaculture Claims Settlement Act 2004:	25
	(c) the Maori Fisheries Act 2004:
	(d) the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.
(4)	In this section,—
	fisheries plan means a plan approved or amended under section 11A of the Fisheries Act 1996	30
	primary industries protocol area means the area shown on the map attached to the primary industries protocol, together with the adjacent waters.

Part 2 cl 82 Ngāti Xxxx Tokanui Claims Settlement Bill

Taonga tūturu

82 Taonga tūturu protocol

(1) The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu. 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.

Part 3 10

Commercial redress

Subpart 1—Transfer of deferred selection property

83 Interpretation

In this subpart,—

deferred selection property means the property described in part 3 of the 15

property redress schedule, if the requirements for transfer under the deed of settlement have been satisfied

land holding agency means the Ministry of Education.

84 The Crown may transfer property

(1) To give effect to part 6 of the deed of settlement, the Crown (acting by and 20

through the chief executive of the land holding agency) is authorised—

(a) to transfer the fee simple estate in the deferred 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. 25

(2) Subsection (3) applies to the deferred selection property if that property is subject to a resumptive memorial recorded under any enactment listed in section 17(2).

(3) As soon as is reasonably practicable after the date on which the deferred selection property is transferred to the trustees, the chief executive of the land 30

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).

Ngāti Xxxx Tokanui Claims Settlement Bill Part 3 cl 87

85	Record of title for deferred selection property
(1)	This section applies to the deferred selection property that is to be transferred to the trustees under section 84.
(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	5
	simple estate; or
	(b) there is no record of title for the fee simple estate in all or part of the
	property.
(3)	The Registrar-General must, in accordance with a written application by an
	authorised person,—	10
	(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
	be noted and that are described in the application; but
	(c) omit any statement of purpose from the record of title.	15
(4)	Subsection (3) is subject to the completion of any survey necessary to create a record of title.
(5)	In this section and section 86, authorised person means a person authorised by the chief executive of the land holding agency.
86	Authorised person may grant covenant for later creation of record of title	20
(1)	For the purposes of section 85, the authorised person may grant a covenant for the later creation of a record of title for a fee simple estate in the deferred
	selection property.
(2)	Despite the Land Transfer Act 2017,—
	(a) the authorised person may request the Registrar-General to register the	25
	covenant under that Act by creating a record of title that records an
	interest; and
	(b) the Registrar-General must comply with the request.
87	Application of other enactments
(1)	This section applies to the transfer to the trustees of the fee simple estate in the	30
	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.	35
(4)	The permission of a council under section 348 of the Local Government Act
	1974 is not required for laying out, forming, granting, or reserving a private

Part 3 cl 88 Ngāti Xxxx Tokanui Claims Settlement Bill

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

transfer. 5

(6) In exercising the powers conferred by section 84, 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).

Subpart 2—Vesting of certain Crown owned minerals and related matters 10

88	Application and interpretation
(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 84; and
	(c) the Pouarua Farm property transferred to the Pouarua Farm Limited	15
	Partnership in accordance with the Agreement for Sale and Purchase of
	Real Estate dated 8 November 2013.
(2)	In this subpart, unless the context otherwise requires,—
	actual amount means the amount payable in respect of vested minerals in accordance with sections 95 and 99	20
	applicant means the trustees or the Pouarua Farm Limited Partnership, as the case may be, that makes an application under section 100
	chief executive has the meaning given in section 2(1) of the Crown Minerals
	Act 1991
	Crown owned mineral has the meaning given in section 2(1) of the Crown	25
	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	30
	1991
	permit area means—
	(a) the area of land over which any prospecting, exploration, or mining
	permit is granted under the Crown Minerals Act 1991; or
	(b) the area of land over which an existing privilege exists	35

Ngāti Xxxx Tokanui Claims Settlement Bill Part 3 cl 89

privilege, in relation to any mineral,—

(a) has the same meaning as the definition of existing privilege in section 2(1) of the Crown Minerals Act 1991; and

(b) also means a prospecting, exploration, or mining permit granted under that Act, and its associated mining operations (within the meaning of 5 section 2(1) of that Act)

relevant land means land referred to in subsection (1)

representative amount means the amount—

(a) payable in accordance with section 95; and

(b) calculated in accordance with section 96 10

royalties has the meaning given in section 2(1) of the Crown Minerals Act 1991

section 10 minerals means the minerals named in section 10 of the Crown Minerals Act 1991

vested minerals means the minerals referred to in section 90(1) and (2) 15

year means the period of 12 months beginning on 1 January and ending on 31 December.

Existing rights preserved

89 Certain existing rights preserved

The following privileges, rights, obligations, functions, and powers (including 20 those preserved by the transitional provisions in Part 2 of the Crown Minerals

Act 1991) continue as if section 90 had not been enacted:

(a) privileges in existence immediately before—

(i) the property is vested or transferred as referred to in section 90(1); or 25

(ii) the transfer of the Pouarua Farm property 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:

person following the exercise of the rights referred to in paragraph (b) (including those provided for by section 32 of the Crown Minerals Act 1991):

(d) the obligations on those holders or any other person imposed by or under

the Crown Minerals Act 1991: 35

(e) the Crown’s performance and exercise of its functions and powers under the Crown Minerals Act 1991 in relation to any of the matters referred to in paragraphs (a) to (d).

Part 3 cl 90 Ngāti Xxxx Tokanui Claims Settlement Bill

Certain minerals vested or transferred under this subpart

90	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 88(1)(a) is vested in the trustees, any
	Crown owned minerals in that land (other than section 10 minerals) vest	5
	with the land:
	(b) when land referred to in section 88(1)(b) is transferred to the trustees,
	any Crown owned minerals in that land (other than section 10 minerals)
	transfer with the land.
(2)	Despite section 11 of the Crown Minerals Act 1991, on the settlement date any	10
	Crown owned minerals (other than section 10 minerals) in the land referred
	to in section 88(1)(c) become the property of the Pouarua Farm Limited
	Partnership.
(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	15
	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 88(1)
	is subject to any mineral interests or rights to which, immediately before the
	commencement of this subpart, any person other than the Crown was entitled	20
	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.
91	Application of Crown Minerals Act 1991
(1)	Nothing in this subpart—
	(a) limits section 10 of the Crown Minerals Act 1991; or	25
	(b) affects other lawful rights to subsurface minerals.
(2)	Section 49A of the Crown Minerals Act 1991 applies to the land described in section 88(1).

Registration

92	Notation of mineral ownership on records of title (other than for Pouarua Farm property)	30
(1)	This section applies instead of section 86 of the Crown Minerals Act 1991 to land referred to in section 88(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	35
	Registrar-General to record on any record of title for the land that the land is subject to section 90 of the Ngāti Xxxx Tokanui Claims Settlement Act 2022.

Ngāti Xxxx Tokanui Claims Settlement Bill Part 3 cl 94

(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 36(3), (5), or (6), as applic‐ able, in respect of land referred to in section 88(1)(a); or	5
	(b) a transfer instrument lodged in respect of land referred to in section 88(1)(b).
93	Notation of mineral ownership on record of title for Pouarua Farm
	property
(1)	This section applies instead of section 86 of the Crown Minerals Act 1991 to	10
	the Pouarua Farm property referred to in section 88(1)(c).
(2)	As soon as is reasonably practicable after the settlement date, the chief execu‐
	tive of the Office for Māori Crown Relations—Te Arawhiti must make a
	written request to the Registrar-General—
	(a) to record on the record of title for the land that the land is subject to	15
	section 90 of the Ngāti Xxxx Xxxxxxx 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).	20

Amounts payable in respect of vested minerals

94	Purpose and scope of arrangement for payments
(1)	The purpose of sections 95 to 99 is to provide that the rights to vested minerals include the payment by the Crown, in relation to the vested minerals,
	of—	25
	(a) the representative amount; or
	(b) if section 99(2) applies, the actual amount.
(2)	Payments made under subsection (1) must be made to the applicant.
(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 100 in respect of the vested minerals.	30
(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
	royalties paid to the Crown in respect of the vested minerals.

Part 3 cl 95 Ngāti Xxxx Tokanui Claims Settlement Bill

95 Obligation to pay representative or actual amount

(1) The chief executive, on receiving an application under section 100, must pay the representative amount or the actual amount, as appropriate, in respect of vested minerals to the applicant.

(2) Subsection (1) applies even if the applicant has sold all or any of the relevant 5 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—

(a) only if the Crown has been paid royalties in respect of the vested min‐ 10 erals in the year or years preceding the year in which an application is made under section 100; 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.

(4) This section is subject to section 98 (shared ownership of land), section 15

100 (application for payment of representative amount), and section 102

(other conditions applying to payments).

Calculation of amount payable

96 Calculation of representative amount

The representative amount payable under section 95 is calculated using the 20 following formula:

$r × (a ÷ pa)

where—

a	is the area of relevant land within or overlapping the permit area
pa	is the total permit area of a privilege that is within or overlaps the	25
	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 100, in respect of a privilege whose permit area is within or overlaps the relevant land.
Example		30
If—

• a is 4 sq kms; and

• pa is 20 sq kms; and

• $r is $1,500; then

$1,500 × (4 ÷ 20) = $300. 35

97 Calculation of representative amount if more than 1 permit area

If more than 1 permit area is within or overlaps the relevant land,—

Ngāti Xxxx Tokanui Claims Settlement Bill Part 3 cl 99

(a) the representative amounts must be separately calculated for each permit area in accordance with section 96; and

(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). 5

98 Calculation of representative amount if relevant land held in shares

If the relevant land is held in shares, the representative amount payable to the applicant in respect of the vested minerals is calculated using the following formula:

$r × (a ÷ pa) × % 10

where—

a, pa, and $r have the meanings given to those terms in section 96

% 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	15
	If—
	• a is 4 sq kms; and
	• pa is 20 sq kms; and
	• $r is $1,500; and
	• the vested minerals are owned in 20% shares; then	20
	$1,500 × (4 ÷ 20) × 20% = $60.
99	When actual amount may be paid
(1)	When an application is received under section 100, 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	25
	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
	vested minerals instead of the representative amount that would otherwise be	30
	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.
(4)	If the relevant land is owned in shares, any payment of the actual amount in	35
	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
	in or transferred to the applicant.

Part 3 cl 100 Ngāti Xxxx Tokanui Claims Settlement Bill

Application for payment of representative amount

100	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 ~~land was vested in or transferred to~~ vested min‐
	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.
101	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 99; and
	(b) advise the applicant in writing of the amount that the applicant is to be	35
	paid.

Ngāti Xxxx Tokanui Claims Settlement Bill Part 3 cl 104

102	Other conditions applying to payments
(1)	Payment of the representative amount or actual amount, as the case requires,—
	(a) must be made as soon as is reasonably practicable after 31 March in each year; but
	(b) must not be made more than once a year.	5
(2)	For the first year of payment of the representative amount or actual amount, the payment must be calculated—
	(a) from the date on which the vested minerals in the relevant land ~~was~~ ~~vested in or transferred to~~ became the property of the applicant (the vesting date); and	10

(b) in proportion to the number of days that have elapsed in that year on and ~~after the date of the vesting or transfer of the relevant land~~ from the vesting date.

(3) Interest is not payable on the amounts paid under this subpart, irrespective of

the period to which an amount relates. 15

Status of certain information

103	Confidentiality of information disclosed or received
(1)	Any information disclosed to the applicant by the Crown under this subpart is a
	disclosure permitted under section 90A of the Crown Minerals Act 1991.
(2)	Information about the royalties paid to the Crown in respect of the vested	20
	minerals may be disclosed to the applicant in fulfilment of the obligations of
	the Crown under this subpart.
(3)	Information disclosed under subsection (2) is confidential to the applicant, subject to any legal obligations that the applicant may have to disclose the
	information, such as any statutory reporting requirements.	25

Consequential amendments to Crown Minerals Act 1991

104	Amendments to Crown Minerals Act 1991
(1)	This section amends the Crown Minerals Act 1991.
(2)	After section 25(6)(k), insert:
	(l) section 89 of the Ngāti Xxxx Tokanui Claims Settlement Act 2022.	30
(3)	After section 32(7)(k), insert:
	(l) the persons or body referred to in section 88(1) of the Ngāti Xxxx Tokanui Claims Settlement Act 2022, subject to section 89 of that
	Act.
(4)	In Schedule 6, insert in its appropriate alphabetical order:	35
	The land described in section 88(1) of the Ngāti Xxxx Tokanui Claims Settle‐ ment Act 2022.

Schedule 1 Ngāti Xxxx Tokanui Claims Settlement Bill

Schedule 1 Cultural redress properties

Properties vested in fee simple

Name of property Description Interests

Kepa Place South Auckland Land District— Hauraki District

0.2341 hectares, more or less, being Section 18 Block XXXII Town of Paeroa. Balance Gazette notice H639656.

ss 22, 33, 35

Ngā Xxx Xxxx South Auckland Land District— Western Bay of Plenty District

0.4423 hectares, more or less, being Sections 2 and 3 SO

493355. Part Gazette 1865,

p 187.

Tanners Point property South Auckland Land District—

Western Bay of Plenty District

0.1952 hectares, more or less, being Section 1 SO 454555. Part Gazette notice H464848.

Subject to an unregistered licence to occupy in favour of X X Xxxxxxx and T Klangwichian.

Properties vested in fee simple to be administered as reserves 5

Name of property Description Interests

Ngāmarama South Auckland Land District— Hauraki District

2.9600 hectares, more or less, being Section 270 Block XIII Ohinemuri Survey District. All Gazette notice B176792.2.

Ngāti Koi Domain South Auckland Land District— Hauraki District

54.1267 hectares, more or less, being Section 15 Block XVI Ohinemuri Survey District. All record of title SA7A/1454 for the fee simple estate.

Tawhitiaraia South Auckland Land District— Western Bay of Plenty District

260.99 hectares, approximately, being Lots 1 and 2 DPS 4983 and Part Section 28 Block III Waihi North Survey District. All transfer S158188, part record of title 874436 (proclamation), and

Subject to being a recreation reserve, as referred to in section 26(4).

Subject to section 261 of the Coal Mines Act 1979.

Subject to Gazette notice B556530.1 declaring adjoining State Highway 2 to be a limited access road.

Subject to being a recreation reserve, as referred to in section 27(3).

Subject to being a scenic reserve, as referred to in section 29(3).

Subject to the right of way easement in gross referred to in section 29(5)(a).

Ngāti Xxxx Tokanui Claims Settlement Bill Schedule 1

Name of property Description Interests

Part Gazette 1954, p 259. Subject to survey.

As shown on OTS-100-206.

Xx Xxx o Tiki Te Aroha South Auckland Land District—

Hauraki District

1.4847 hectares, more or less, being Section 88 Block I Aroha Survey District. All Gazette notice S365477.

Subject to the right of way easement in gross referred to in section 29(5)(b).

Subject to an easement in gross for a right of way and a right to convey water created by easement instrument 11365812.1.

Subject to an unregistered guiding permit with concession number WK-17785-GUI to Kiwi Dundee Adventures Limited.

Subject to an unregistered guiding permit with concession number 63487-GUI to Nature and Nosh Tours NZ Limited.

Subject to an unregistered guiding permit with concession number 55418-GUI to Sole Ventures Limited.

Subject to being a scenic reserve, as referred to in section 30(3).

Subject to an unregistered guiding permit with concession number WK-17785-GUI to Kiwi Dundee Adventures Limited.

Subject to an unregistered guiding permit with concession number 39423-GUI to Active New Zealand Limited.

Properties vested subject to conservation covenant

Name of property Description Interests

Karangahake South Auckland Land District— Hauraki District

10.0000 hectares, more or less, being Section 1 SO 533652. Part record of title 65780 for the fee simple estate.

Mimitu Pā South Auckland Land District— Hauraki District

180.4898 hectares, more or less, being Section 44 Block XIV Ohinemuri Survey District. All Gazette 1975, p 2275.

Subject to the conservation covenant referred to in section 31(4)(a).

Subject to the right of way easement in gross referred to in section 31(4)(b).

Subject to an unregistered right of way easement in gross with concession number BP-25311- OTH to Hauraki District Council.

Subject to an unregistered guiding permit with concession number 98005-SSE to Total Sport Limited.

Subject to the conservation covenant referred to in section 32(3).

Schedule 2 Ngāti Xxxx Tokanui Claims Settlement Bill

Schedule 2 Whenua rāhui area

Overlay area Location Description

s 50

Karangahake Scenic Reserve

As shown on OTS-100-220 South Auckland Land District—

Hauraki District

0.2175 hectares, more or less, being Part Ohinemuri No 10.

8.1952 hectares, more or less, being Part Section 112 Block I Aroha Survey District.

0.4097 hectares, more or less, being Section 27 Block I Aroha Survey District.

Ngāti Xxxx Tokanui Claims Settlement Bill Schedule 3

Schedule 3 Statutory areas

Statutory area Location

s 64

Aongatete River and its tributaries As shown on OTS-100-221

Coastal Statutory Acknowledgement Area As shown on OTS-100-213

Conservation Area-Waikino As shown on OTS-100-218

Karangahake Walkway Conservation Area As shown on OTS-100-215

Ohinemuri River and its tributaries As shown on OTS-100-210

Opoutere Beach Recreation Reserve As shown on OTS-100-214

Owharoa Falls Scenic Reserve As shown on OTS-100-216

Taingahue Stream and its tributaries (being Waitengaue Stream and its tributaries)

As shown on OTS-100-219

Uretara Stream and its tributaries As shown on OTS-100-211

Victoria Battery Historic Reserve As shown on OTS-100-217

Waiau River and its tributaries As shown on OTS-100-222

Waimata Stream and its tributaries As shown on OTS-100-223 Waiorongomai (being part of Kaimai Mamaku Conservation Park) As shown on OTS-100-212 Wharekawa Burial Ground As shown on OTS-100-224

Legislative history

25 October 2022 Introduction (Bill 177–1)

29 June 2023 First reading and referral to Māori Affairs Committee

Wellington, New Zealand:

Published under the authority of the House of Representatives—2024

Document Metadata

Pire Whakataunga Kerēme a Ngāti Tara Tokanui

Document Metadata

Pire Whakataunga Kerēme a Ngāti Tara Tokanui

Pire Whakataunga Kerēme a Ngāti Xxxx Tokanui

Ngā kōrero

Tūtohutanga

Kupu whakataki

Whakatātaretanga o te ture

Kāore he menemana nui e marohitia xxx

Tāpiritanga

Ngāti Xxxx Tokanui Claims Settlement Bill

Commentary

Recommendation

Introduction

Legislative scrutiny

No significant amendments proposed

Appendix

Key to symbols used in reprinted bill

As reported from a select committee

Ngāti Xxxx Tokanui Claims Settlement Bill

Contents

Part 1

Preliminary matters, historical account, acknowledgements and apology, and settlement of historical claims

Part 3 10

Commercial redress

Schedule 1 Cultural redress properties

Schedule 2 Whenua rāhui area

Schedule 3 Statutory areas

Document Metadata