Te Pire o Te Awa Tupua (mō Te Whakataunga o Ngā Kerēme e pā ana ki Te Awa o Whanganui)
Xx Xxxx o Te Xxx Xxxxx (mō Te Whakataunga o Ngā Kerēme e pā xxx ki Te Awa o Whanganui)
Pire Kāwanatanga
Tā Te Komiti Whiriwhiri Take Māori i whakatakoto
Ngā kōrero
Tūtohutanga
Kua āta tirohia e Te Komiti Whiriwhiri Take Māori Xx Xxxx a Te Xxx Xxxxx (mō Te Whakataunga o Ngā Kerēme e pā xxx ki Te Awa o Whanganui), ā, tūtohu ai kia wha- kaaetia me ngā whakatikatika kua oti te whakaatu.
Ngā mōhiohio mō ngā kōrero ō-mua
Te Awa o Whanganui me Te Iwi o Whanganui
Ko Te Awa o Whanganui te xxx xxx rawa atu e whakaterea xxx e te waka i Aotearoa, taketake mai ai i Te Maunga Tongariro, mutu ai i Te Moana-tāpokopoko-ā-Tāwhaki. He xxx xx hītori o Te Awa e hoatu tautoko xxx ki Te Iwi o Whanganui me ōna hapū mōi xx xxxxxx me te wairua.
E ai ki tērā i tautuhitia i rara 8, ko Te Iwi o Whanganui, ko ia tangata tērā:
• Kua whakamahia ngā tika papatū me ngā haepapa e pā xxx ki Te Xxx x Xxxx- ganui; ā,
• He uri i heke iho mai i a Ruatipua, Paerangi, Haunui-ā-Pāpārangi rānei. Ka uru atu ai anō hoki ngā kohinga xxxx tūpuna, hapū o Te Iwi o Whanganui.
Kei roto i ngā rara 1 me te 2 o Te Kupu Āpiti 1 ngā kohinga nei e takoto xxx. Kua kite mātou, xxxxx xx takune o ngā kohinga i whakarārangihia i te kī, he tangetange xxx xx- xxxxx.
He maha ngā iwi i tua atu i Te Iwi o Whanganui, he pānga ō rātou i roto i Te Awa o Whanganui me ōna kautawa. Ka whakarārangi xx xxxx i ēnei iwi ka whai ake,:
• a Xxx Xxxxx Kītahi
129—2
• a Ngāti Apa
• a Ngāti Maniapoto
• a Ngāti Maru
• a Ngāti Rereahu
• a Ngāti Ruanui
• a Ngāti Tūwharetoa
• Te Iwi o Whanganui.
Nā, mō te karangatanga “iwi me hapū he pānga ō rātou i roto i Te Awa o Whanga- nui,” kōrero ai tēnei mō ngā iwi nei, me tētahi hapū o ēnei iwi he pānga ō rātou i roto i Te Awa o Whanganui.
Xx Xxx Tarāwaho i raro i Te Ture (Te Pā Auroa) kua marohitia.
I rerekē ai Xx Xxxx o Te Xxx Xxxxx (mō Te Whakataunga o Ngā Kerēme e pā xxx ki Te Awa o Whanganui) nā te mea, whakapuaki ai he āhuatanga Te Xxx Xxxxx, (Te Awa o Whanganui), “e kore taea te wehewehe, e xxx xxxxx xxx, ā, e whakakomokomo xxx i xx xxxxx o ōna pūmotu1 tinana, hanga tinana ki roto.” Ko tērā xx xxx mai i tēnei whakaritenga rerekē, ko te marohi a xx xxxx i tētahi pou tarāwaho i raro i ture, kia mōhiotia ko Te Pā Auroa, hei tautoko i Te Xxx Xxxxx.
Ka marohi xx xxxx ki te whakatū i Xx Xxx Xxxxx (te kanohi tangata o Te Awa) hei māngai mō Te Xxx Xxxxx. E xxx xxx māngai ka kopoua mō Xx Xxx Xxxxx. Ko tētahi mā Te Karauna e kōwhiri, ā, ko tētahi atu mā ngā Iwi, he pānga o rātou i roto i Te Awa e tīpako. Xxxx nō Xx Xxx Xxxxx xx haepapa mō te tiaki me te oranga o Te Awa Xxxxx, xxx atu ki te āta titiro xx xxx tonu xxx whanaungatanga i xx xxxx o xxx iwi me ngā hapū katoa he pānga ō rātou i roto i Te Xxx Xxxxx.
Ko te koronga, kia whiwhi kohinga whakamāherehere hei tautoko i Xx Xxx Xxxxx, ā, ka karangahia ko Te Karewao. Mā Te Iwi me Te Hapū e kopou he mema o Te Kare- wao ka whakaaroaro xxx te kohinga, ka pā he take ki tō rātou xxx xxxxxx noa iho o Te Awa. Ka whiwhi māngai anō hoki ngā mana whakahaere ā-kāinga i roto i Te Kare- wao.
Hoatu wāhi ai xx xxxx mō te whakatū kohinga rautaki mahitahi, ka karangahia ko Te Kōpuka. Māna mā Te Kōpua e whakahiato, e pupuri tētahi tuhinga, ka mōhiotia ko Te Heke Ngahuru mā Te Xxx Xxxxx. Me kanorau ngā pānga o ngā māngai e hiahiatia xxx e Te Kōpuka, kua oti rā te tautuhi i roto Wāhanga 2, wāhanga tuarua 4 o xx xxxx.
Kupu Whakataki
Marohi ai Xx Xxxx o Te Xxx Xxxxx (mō Te Whakataunga o Ngā Kerēme e pā xxx ki Te Awa o Whanganui), kia whakatūria xxxx xxx tuakiri (Te Xxx Xxxxx) i raro i te
Ture. Mā xx xxxx e whakamana Te Whakaaetanga Whakataunga mō Te Xxx x Xxxx- ganui (Te Ruruku Whakatupua), nā Te Karauna me Te Iwi o Whanganui i haina. Whakatatū ai tēnei Whakaaetanga i ngā kerēme hītori mō Te Tiriti o Waitangi o Te Iwi o Whanganui e pā xxx ki Te Awa o Whanganui. Tuhia anōtia ai hoki i roto i te xxxx xxx whākinga me te whakapāha a Te Karauna i xxxxx xx e ia ki Te Iwi o Whanga- nui e pā xxx ki Te Awa o Whanganui.
Pā ai te nuinga o te māharahara mō ngā kerēme hītori o Te Iwi o Whanganui ki ngā mahi me ngā hapa o Te Karauna i te wā i riro atu ai te mana o Te Awa ki a ia. Ka uru atu ki tēnei te tangohanga atu o ngā kohuke me ngā whakatakotoranga tuku iho o Te Awa māna, te hanganga ture i whakamanatia i xxx xxx tau 19 me te 20, ā, me te mahi whakakaupare i ngā hōkikitanga o Te Awa mō ngā take mahi hiko.
Whakatakoto ai a Wāhanga 1 o xx xxxx i xxx tono tuatahi. Ka uru atu ki ēnei, te tautuhi ko wai ka āhei hei “iwi o Whanganui” mō ngā take e pā xxx ki xx xxxx, ko ēhea ker- ēme hītori i roto i xx xxxx ka whakatatūhia, ā, te tautuhi i te koronga mō xx xxxx.
Whakamana ai a Wāhanga 2 i Te Pā Auroa nā Te Xxx Xxxxx, xx xxx tarāwaho hou i raro i te ture, tērā ka hoatu wāhi ai mō te rangatiratanga ki ngā mahi ā-ture xxxxx, xxx mana me ngā tāke e pā xxx ki Te Awa o Whanganui.
Meingia ai e Wāhanga 3 o te xxxx xxx āhuatanga e pā xxx ki te whakatika hapa ahurea.
Whakatatū ai a Wāhanga 4 o xx xxxx i xxx kerēme hītori a Te Iwi o Whanganui e pā xxx ki Te Awa o Whanganui.
Whaiwhaitia ake ai e Wāhanga 5 o xx xxxx te whakahoutanga o ngā pūnaha whaka- haere o Te Awa o Whanganui, tae atu ki te whakakorenga o Te Whiringa Muka Trust, Te Whanganui River Māori Trust Board me Te Pākaitore Trust .
Kei roto i xx xxxx aua wāhanga anake o te whakatika hapa i roto i te mōkihi whaka- taunga e hiahiatia rā whakamanatanga ā-ture. Whakatakoto ai Te Whakaaetanga Wha- kataunga i xx xxxxx o te whakatika hapa i hoatu ki Te Iwi o Whanganui hei whakatatū i xx xxxxx o ōna kerēme hītori mō Te Tiriti o Waitangi e pā xxx ki Te Awa o Whanga- nui.
Kapi ai i te kōrero nei ngā tautohe whakataunga i whakaaroarohia e mātou me xx xx- xxx o xxx whakatikatika hangarau nā mātou i tūtohu ki xx xxxx.
Te whakawhāitanga i roto i Te Xxx Xxxxx
Kua kite mātou, i whakaputa māharahara ētahi kohinga pērā i a Ngāti Maniapoto, i a Ngāti Hāua, ā, me aua hunga kua whakakapia rā e te mana kōkiri o Uenuku Charit- able Trust, he itiiti rawa ō rātou mana i roto mahi whakahaere o Te Xxx Xxxxx. Ka mihi mātou ki ngā pānga o ngā kohinga e haere tonu nei kia whakamahia ō rātou rangatiratanga e pā xxx ki te rohenga wai o Te Whanganui inarā, mō aua kohinga kī- hai anō ō rātou ake whakataunga i xx xxxx o Te Karauna kia tutuki. Ko tō mātou xxxx- xxxx, xxxx xxx xxx pānga o Maniapoto e tō rātou whakataunga, kātahi anō te roanga atu o tō rātou whai wāhi ki roto i te mahi whakatakotoranga whakaaro mō te rohenga xxx x-xxxxx ka whakamāramatia.
Nā, ko te whakamaherehere ki a mātou a Te Tari Whakatau Take e pā xxx ki Te Tiriti, ka whakahuatia e Te Pā Auroa te huhua o ngā momo huarahi xxxx xx kia mōhio tū- turu ai Te Iwi o Whanganui me ngā iwi katoa, he pānga ō rātou i roto i Te Awa Xxxxx, xx whai wā rātou ki te whakawhāiti atu ki roto i ngā mahi whakahaere me te tiaki i Te Awa, inarā:
He herenga tō Xx Xxx Xxxxx ki te a whakapuāwai, ki te pupuri onu ki ngā whakawha- naungatanga i xx xxxx o xxx iwi me ngā hapū katoa, he pānga o rātou i roto i Te Awa.
Ka whakamaranga tonu Xx Xxx Xxxxx i xx Xxxxx xx Xxxx (xxx uara o Te Awa). Xxxx te haepapa hei whakatūturu e whakatairangatia tonutia xxx te oranga o Te Xxx Xxxxx me te tiaki mā tētahi huarahi e whakaatu xxx xxx xx xxx pānga pai ērā o te iwi me te hapū, he pānga o rātou i roto i Te Awa.
Ka whai wā te iwi, he pānga o rātou i roto i TeAwa, ki te kopou mema ki Te Karewao, te rangatōpū tuku whakamāherehere o Te Awa. Kei a rātou anō hoki te tika ki te wha- kawhāiti atu ki roto i Te Kōpuka, tērā e tuku ai i a rātou kia whakawhāiti atu ki roto i te mahi whakatakoto rautaki mō te whakahaere o Te Awa.
Nā, mō Te Iwi he pānga ō rātou i roto i Te Awa, kei a rātou anō hoki te tika ki te tono ki Te Korotete (he tahua kairapu e $30 miriona) mō ētahi tahua i kō atu hei tautoko i te hauora me te oranga o Te Xxx Xxxxx.
E xxxxx xxx mātou, mā xxx xxxxx ine nei e hoatu i te kaha ki ngā iwi me ngā hapū katoa, he pānga ō rātou i roto i Te Xxx Xxxxx, kia haere tonu ai tā rātou whakamahi me te whakanikoniko i ō rātou kaitiakitanga kia torohū ai pea.
Ngā māharahara mō te whakataunga
Nā ētahi hunga whakatakoto tāpaetanga ētahi ngā māharahara i whakaara xxx xx raru pea i xx xxxx nei ētahi āhuatanga o ngā wā mō tā rātou whakataunga i ngā rā āpōpō. Xx xxxx whakamaherehere mātou i Te Tari Whakatau Take e pā xxx ki Te Tiriti o Xxx- xxxxx mō xxx māharahara nei.
Hei horopaki i te kōrero, kua kite mātou he ahurei ngā whaiawa i xxxxx roto i xx xxxx nei i te mea, i xxxxx kēngia ki Te Xxx Xxxxx. Xx xxxxx i tērā, ka noho mai Te Xxx Xxxxx xxx xxxx hinonga i raro i te ture, motuhake mai i Te Karauna rāua tahi ko Te Iwi.
Ngā māharahara o Te Maniapoto Māori Trust Board
I rongo mātou he māharahara tō Te Maniapoto Maori Trust Board, tērā pea xx xxxx i te whakataunga o ngā kerēme hītori e pā xxx ki Te Awa o Whanganui, ngā wā whaka- taunga mō Ngāti Maniapoto i ngā rā āpōpō. Ko te māharahara a Te Poari, tērā pea ka kore wātea mai te whaiawa i xxxxx xx i raro i xx xxxx, tae atu ki tērā i roto iho o xx xxxx o Ngāti Maniapoto, mō nga whiriwhiringa whakataunga a xxxx wā. Ko tā Te Poari anō hoki, ka ngaro pea tā rātou whakatika hapa i whiriwhiria rā e rātou, ka rere xxx te awa ki xxxx xx āpōpō.
Kua kite mātou, e whā ngā hapū o Ngāti Maniapoto i whakatakoto kerēme ki Te Tar- aipiunara o Waitangi i te tau 2014. He rite anō ngā tautohe i whakaaratia e te kerēme
nei ki ērā i whakaaratia i roto i te tāpaetanga a Te Poari. Whakapuaki ai te kerēme ka kapi e te whakataunga o Te Awa o Whanganui ngā rerenga wai o Te Awa o Whanga- nui, nā Ngāti Maniapoto i xxxx katahi anake i whakahaere. Ko te mea kē, i whakaurua ngā arawai nei me te kore whakamanahia e Ngāti Maniapoto.
Nā te tono “tukunga aunoa” o Te Xxx Xxxxx, tērā i hoahoatia rā kia uru atu ai he wā- hi mō ngā panonitanga ao tūroa noa nei ki te ara o te awa, kia whai wāhi ai mō ngā panonitanga ao tūroa ka puta mō te ara rere o Te Awa, ka kore te whenua i xxxxx i roto i te whakataunga i ahatia. Ko tētahi whenua Karauna anake ka ahatia e te “tukun- ga aunoa”. Ko tētahi whenua tūmataiti pērā i te whenua ka hoatu hei whakatika hapa ki te iwi, ka katia atu ki waho i raro rara 46(2) (b) tukunga whenua.
Ko te whakamaherehere ki a mātou, mārama xxx te whakapuaki a xx xxxx, kīhai xx xxxx e whakatatū i ngā kerēme hītori o Ngāti Maniapoto mō te Awa (i ngā kerēme rānei a tētahi atu iwi kerēme rānei he pānga ō rātou). Kua kite mātou, xxxxx xxx whiriwhirin- ga i raro i te ture a Ngāti Maniapoto me Te Karauna e katia e xx xxxx, mō whākinga me ngā whakaaetanga whakamihi mō Te Awa o Whanganui me ōna hikuawa. Tua atu ki tērā, ko te whakamaherehere ki a mātou a Te Tari Whakatau Take e pā xxx ki Te Tiriti o Waitangi, ka herea te whakatika hapa a Ngāti Manaiapoto a xxxx wā ki xxx xxxxxxx- tenga o te hātepe mō ngā kerēme inaki. Ka whakawhāiti mai Te Iwi o Whanganui ki roto i tēnei rapunga whakamāherehere, ā, kua xxx xxxx tūtohi i mua atu kē, e tuwhera xxx a ia ki te whakawhāiti mai ki roto i te hātepe nei.
Ngā māharahara o Te Rūnanga o Ngāti Maru
He rite anō ngā māharahara i whakaarahia ake e Te Rūnanga o Ngāti Maru ki ērā o Te Maniapoto Māori Trust Board. Rite anō ki a Ngāti Maniapoto, xxxxx Xx Whakataunga o Te Awa o Whanganui e whakatatū i ngā kerēme hītori a Ngāti Maru.
I roto i xx xxxx kua mōhiotia a Ngāti Maru, he “iwi he pānga ōna i roto i Te Awa”. Whakatūturu ai tēnei i xxxx tūranga i roto i te whakahaerenga o Te Awa Xxxxx xx haere tonu.
Te tūranga o Te Whanganui River Māori Trust Board āpōpō
Ka tūtohi Te Whanganui River Māori Trust Board tautoko ai a ia i xx xxxx. Heoi, ka mea ake i te mea ka whakakorea Te Poari e xx xxxx, he xxx xx kia karohia te hiahia kia whakatūhia ētahi atu kōwhiringa pōti mō Te Poari i mua o xx xxxx e tīmatanga xxx. I te mea kua oti te nuinga o xxxx tūranga, ā, e xxxxxx xx xxx xx xxx ki te mahi whakakoren- ga me te mahi whakawhitinga, xx xxxx ka tautohe, he itiiti noa te uara mō kōwhiri mema hou. Ka karohia anōtia hoki e Te Poari ngā whakapaunga utu nunui mō te wha- katū kōwhiringa pōti kē atu.
Ka whakaae mātou he huarahi mahi matawhāiti pai tēnei, ā, ka whakatau kia wha- kaurua atu he rara hou hei whakamana i tēnei. Heoi, ko te whakamaherehere ki a mā- tou, mō tētahi momo whakatikatika xxxx, xx hiahiatia he whakaaetanga mai i Te Mini- ta nōna te haepapa mō Te Māori Trust Boards Act 1955. Kīhai tēnei whakataunga i taea te rapu i mua mai o te wā e whakatakoto pūrongo ai mātou ki mua i te aroaro o
Te Whare. Kua kite mātou ka taea pea te whakamahi i tētahi Pepa Whakataunga Tā- piri hei whai ake i te take nei.
Kua kite mātou ka whakawhitia ki Ngā Tāngata Tiaki xxx xxx nō mai i Te Whiringa Muka Trust, ā, ko ia anō nei kei te whakahaere i te whakataunga Fisheries (i raro i Te Māori Fisheries Act 2004).
Te Whare Herehere o Waikune
He pae whare herehere kei te nohoa e te tangata, Te Whare Herehere o Waikune, e tū rā i Te Papa Rehia o Te Motu i te pūtake o Ruapehu Maunga. Kei roto te whare here- here e tū xxx i te takiwā pānga o Uenuku Charitable Trust. I te wā nei, kei roto te whare herehere i ngā ringaringa o te pēke whenua o Toitū Te Whenua ēngari, nō mai anō i te tau 2002 e rīhitia xxx e Te Whanganui Māori Trust Board.
Kua kite mātou i te māharahara kua whakapuakinatia e Te Uenuku Charitable Trust, tērā pea, ka kore xx xxx nei e wātea mai mō xxx whakataunga a xxxx wā. Ka whakatū- turu mātou i Te Trust, kua whiwhi whakamaherehere mātou mō te take nei. Ki tō mā- tou mōhio, nā te mea xxx xxxxx whenua Karauna e pupuritia xxx i te pēke whenua o Toitū Te Whenua, te whare herehere e tū xxx, kei te wātea mō ngā whakataunga tiriti a xxxx wā. Ka noho ngā whakataunga nei i runga i ngā whiriwhiringa i xx xxxx o Te Karauna me te hātepe mō ngā kerēme inaki
Ngā panonitanga kua tūtohua ki xx xxxx
Te whakamāramatanga o Te Iwi o Whanganui mō ngā take e pā xxx ki xx xxxx nei
Ka tono Te Uenuku Charitable Trust mō xx xxxx o Uenuku me Tamahaki, kia whai whakaaro xx xxxx i tō rātou tūranga hei iwi – xx xxxxxx te kōrero he hapū rātou o Whanganui. He rite anō ngā māharahara i whakaarahia e Te Charitable Trust o Te Iwi O Ngāti Hāua, mō te raweke i a Ngāti Hauā i roto i xx xxxx.
Ko tā mātou kua kite, taketake mai ai te whakamāramatanga o xx xxxx mō te iwi o Whanganui mai i te rārangi ingoa o aua hapū e xxxx xxx i te wā o Te Royal Commis- sion of Inquiry into the Bed of the Whanganui River i te tau 1950. Mō te whakataunga anake o ngā kerēme e pā xxx ki Te Awa o Whanganui te whakamāramatanga, kāore mō tētahi atu take.
Heoi anō rā, ka tūtohu mātou kia whakamahukitia Te Pitopito Kōrero Whakamahuki- tanga i Kupu Āpiti 1, kia kore ai e pōrarutanga a xxxx wā. Inarā, ka whakaurua a Ngā- ti Tamahaki ki roto i ō mātou whakatikatika, hei tauira mō tētahi kohinga i whakaho- no atu ki Te Iwi o Whanganui ahakoa, kīhai i āta tautuhia. Ka tūtohu anō hoki mātou, kia tino arotia ngā kohinga i whakarārangitia i roto rara 1 o te kupu āpiti 1, ka uru atu Ngāti Uenuku me Ngāti Hāua, tērā pea ka arotakea hei iwi i roto i te horopaki whānui o “Whanganui Iwi”.
Ngā kopounga o Xx Xxx Xxxxx
I te wā rapunga whakamaherehere mō xx xxxx nei, ka xxxxxx xxx mātou ki tētahi ta- karepa i roto i te hātepe kopounga o Xx Xxx Xxxxx. Nā te mea, xxxxx xx tūranga o Te Minita mō Ngā Whiriwhiringa e pā xxx ki Te Tiriti o Waitangi e tū mō xxx xxxx atu, ka tūtohu mātou kia whakatikaina a rara 20(1)(b). Ka tūtohu mātou e tika xxx kia hoa- tu e te rara he wāhi kia riro ai e Te Minita mō Ngā Whiriwhiringa e pā xxx ki Te Tiriti o Waitangi te haepapa mō te kopounga tuatahi anake o tētahi māngai Karauna ki Xx Xxx Xxxxx. Ka tūtohu mātou kia noho ki Te Minita mō Te Taiao te haepapa mō ngā kopounga ka whai ake.
I tūtohu ai mātou i tēnei Minita nā te mea he rangatōpū wai māori Te Xxx Xxxxx, ā, i te nuinga o te wā whakahaerea kēngia ai e Te Resource Management Act 1991.
Tua atu i tērā, ka tūtohu mātou kia rapu whakamaherehere Te Minita mō Ngā Whiri- whiringa e pā xxx ki Te Tiriti o Waitangi rāua tahi ko Te Minita mō Te Taiao, i Te Minita Whanaketanga Māori, i Te Xxxxxx Xxxx Atawhai, ā, i ētahi atu Minita e xxxxxx xxx. Mihi xxx xxx te whakaritenga kia rapu whakamaherehere i Te Minita Whaka- whanaketanga Māori, i te hiranga o Xx Xxx Xxxxx xx xxxxx i xxx karangatanga o te rangapū Tiriti. Mihi ai te whakaritenga kia rapu whakamaherehere i Te Xxxxxx Xxxx Atawhai nā te mea, e 50 ōrau tata atu o te rohenga wai o Te Awa o Whanganui he wāhanga o tētahi pānga whenua atawhai rahi.
Tapiritanga
Hātepe komiti
Nō te 24 o Haratua tau 2016 Xx Xxxx o Te Xxx Xxxxx (mō Te Whakataunga o Ngā Kerēme e pā xxx ki Te Awa o Whanganui) i tonoa ai ki te komiti. Ko te 6 o Hōngon- goi tau 2016 te xx xxxxxxx mō xxx tāpaetanga. I whiwhi, i whakaaroarohia e mātou ngā tāpaetanga e 20 nō mai i ngā kohinga whai pānga me te hunga takitahi. I rongo taunakitanga ā-waha mātou nō mai i te hunga whakatakoto tāpaetanga e tekau mā tahi i ngā whakawātanga i Whanganui me Te Whanga-nui-a-Xxxx.
I whiwhi whakamahere mātou nō mai i Te Tari Whakatau Take e pā xxx ki Te Tiriti o Waitangi.
Ko xxx xxxx o Xx Xxxxxx, ko Xxxxxxxxxxx Xxxxxx (Heamana) Xxxxxx Xxxxxxx Borrows Xxxxxx Xxxxxxxx
Xxxxxx Xxxxx Xxxxxx Xxx Xxxxxx Xxxxx
Xxxxxx Xxxxxx Xxxxxx Pita Paraone
Xxxxxxx Xxxxx
Te Xxx Xxxxx (Whanganui River Claims Settlement) Bill
Government Bill
As reported from the Māori Affairs Committee
Commentary
Recommendation
The Māori Affairs Committee has examined Te Xxx Xxxxx (Whanganui River Claims Settlement) Bill and recommends that it be passed with the amendments shown.
Background information
Whanganui River and Whanganui iwi
The Whanganui River is the longest navigable river in New Zealand, originating at Mount Tongariro and ending in the Tasman Sea. The river has a long history of pro- viding physical and spiritual support to Whanganui iwi and their hapū.
Xxxxxxxxx xxx, as defined in clause 8 of the bill, is defined as every individual who:
• has exercised customary rights and responsibilities in respect to Whanganui River; and
• is descended from Ruatipua, Paerangi, or Haunui-ā-Pāpārangi. It also includes the hapū and tūpuna xxxx groups of Whanganui iwi.
These groups are set out in clauses 1 and 2 of Schedule 1. We note that the listed groups are not intended to be exhaustive.
Several iwi, including Whanganui iwi, have interests in the Whanganui River and its tributaries. The bill lists these iwi as follows:
• Xxx Xxxxx Kītahi
• Ngāti Apa
• Ngāti Maniapoto
• Ngāti Maru
129—2
• Ngāti Rereahu
• Ngāti Ruanui
• Ngāti Tūwharetoa
• Whanganui iwi.
The term “iwi and hapū with interests in the Whanganui River” refers to these iwi, and any hapū of these iwi, who have interests in the Whanganui River.
Proposed Legal Framework (Te Pā Auroa nā Te Xxx Xxxxx)
Te Xxx Xxxxx (Whanganui River Claims Settlement) Bill is unusual because it de- clares the Whanganui River as Te Xxx Xxxxx, “an indivisible and living whole, in- corporating all its physical and meta-physical elements”.2 As a result of this unique arrangement, the bill proposes a legal framework, known as Te Pā Auroa nā Te Xxx Xxxxx, to support Te Xxx Xxxxx.
To represent Te Xxx Xxxxx, the bill proposes establishing Xx Xxx Xxxxx (the human face of the river). Xx Xxx Xxxxx would consist of two nominated representatives. One representative would be chosen by the Crown, and the other would be selected by iwi with interests in the river. Xx Xxx Xxxxx would be responsible for the care and well- being of Te Xxx Xxxxx, as well as maintaining relationships with all iwi and hapū with interests in Te Xxx Xxxxx.
There is intended to be an advisory group called Te Karewao to support Xx Xxx Tu- pua. Xxx and hapū would appoint a member of Te Karewao if the group considers business that is only applicable to their specific area of the river. Local authorities would also have a representative in Te Karewao.
The bill also provides for the establishment of a collaborative strategy group to be called Te Kōpuka. Te Kōpuka would develop and maintain a strategy document, known as Xx Xxxx Xxxxxxx, for Te Xxx Xxxxx. Te Kōpuka would require representa- tives with diverse interests, defined in Part 2, subpart 4 of the bill.
Introduction
Te Xxx Xxxxx (Whanganui River Claims Settlement) Xxxx proposes to establish the Whanganui River as its own legal personality (Te Xxx Xxxxx). The bill would give effect to the Whanganui River Deed of Settlement (Ruruku Whakatupua) signed by the Crown and Whanganui iwi on 5 August 2014. This deed settles the historical Treaty of Waitangi claims of Whanganui iwi in relation to the Whanganui River. The bill also records the acknowledgements and apology of the Crown offered to Whan- ganui iwi in relation to the Whanganui River.
The historical claims of Whanganui iwi that relate to the Whanganui River largely concern Crown actions and omissions in gaining control of the river. This includes the
2 Part 2 (“Te Pā Auroa nā Te Xxx Xxxxx—Te Xxx Xxxxx Framework”), subpart 2, clause 12.
removal of minerals and traditional structures from the river, legislation enacted in the 19th and 20th centuries, and the diversion of the headwaters of the river for hydro- electric purposes.
Part 1 of the bill sets out the preliminary provisions. These include defining who qualifies as “Whanganui iwi” for the purposes of the bill, defining which historical claims are settled in the bill, and defining the purpose of the bill.
Part 2 of the bill gives effect to Te Pā Auroa nā Te Xxx Xxxxx, the new legal frame- work which provides for the exercise of all statutory functions, powers, and duties in relation to the Whanganui River.
Part 3 of the bill deals with cultural redress.
Part 4 of the xxxx xxxxxxx the historical claims of Whanganui iwi in relation to the Whanganui River.
Part 5 of the bill addresses the reorganisation of the Whanganui River’s governance systems, including the dissolution of Te Whiringa Muka Trust, the Whanganui River Māori Trust Board, and Pakaitore Trust.
This bill includes only those parts of the redress in the settlement package that require legislative authority. The Deed of Settlement sets out, in full, the redress provided to Whanganui iwi to settle all its historical Treaty of Waitangi claims in relation to the Whanganui River.
This commentary covers the settlement issues we considered and several technical amendments that we recommend to the bill.
Involvement in Te Xxx Xxxxx
We note that some groups, such as Ngāti Maniapoto, Ngāti Hāua, and those covered by the Uenuku Charitable Trust mandate, expressed concern that they would have limited influence over the governance of Te Xxx Xxxxx. We acknowledge these groups’ interest in continuing to exercise their kaitiakitanga in relation to the Whan- ganui catchment, particularly for those groups that have not yet reached their own settlements with the Crown. We expect that once the Maniapoto interests are resolved by their settlement, the extent to which they participate in decision-making for the upper catchment will be clarified.
We were advised by the Office of Treaty Settlements that Te Pā Auroa nā Te Awa Tu- pua would outline several different mechanisms to ensure that Whanganui iwi, and all iwi with interests in Te Xxx Xxxxx, would have opportunities to be involved in the governance and care of the river. In particular:
• It would be an obligation of Xx Xxx Xxxxx to develop and maintain relation- ships with all the iwi and hapū with interests in the river.
• Xx Xxx Xxxxx would uphold Tupua xx Xxxx (the river values). It would be re- sponsible for ensuring that Te Xxx Xxxxx’x wellbeing is promoted and protec- xxx in a way that best reflects the interests of iwi and hapū with interests in the river.
• Iwi with interests in the river would have the opportunity to appoint a member to Te Karewo, the river’s advisory body. They would also have the right to par- ticipate in Te Kōpuka, allowing them to be involved in developing the river strategy (Xx Xxxx Xxxxxxx). This would also provide an opportunity to work towards advancing the health and well-being of Te Xxx Xxxxx.
• Iwi with interests in the river would also have the right to apply to Te Korotete (a $30 million contestable fund) for additional funds to support the health and well-being of Te Xxx Xxxxx.
We are satisfied that these measures will provide all iwi and hapū that have an interest in Te Xxx Xxxxx with the ability to continue to exercise, and potentially enhance, their kaitiakitanga.
Settlement concerns
Some submitters raised concerns that this bill would compromise aspects of their future settlement opportunities. We sought advice from the Office of Treaty Settle- ments about these concerns.
To provide context, we note that the riverbeds vested in this bill are unique in that they are vested in Te Xxx Xxxxx. Te Xxx Xxxxx would be a distinct legal entity, sep- arate from both the Crown and iwi.
Concerns of Maniapoto Māori Trust Board
We heard that the Maniapoto Māori Trust Board has concerns that the settlement of the historical claims regarding the Whanganui River could compromise Ngāti Mania- poto’s future settlement opportunities. The board is concerned that riverbed vested under the bill, including riverbed within the Ngāti Maniapoto xxxx, would become un- available for future settlement negotiations. The board also submitted that its negoti- ated redress could be lost in the future if the course of the river changes.
We note that four hapū of Ngāti Maniapoto filed a claim with the Waitangi Tribunal in 2014. This claim raised similar issues to the issues raised in the board’s submis- sion. The claim stated that the Whanganui River Settlement covered offshoots of the Whanganui River that were exclusively managed by Ngāti Maniapoto or its hapū. It claimed that these waterways were included without Ngāti Maniapoto’s mandate.
Te Xxx Xxxxx’x unique “automatic vesting” provision, designed to account for nat- ural changes in the river’s course, will not affect land vested through other Treaty settlements. Only Crown land would be susceptible to “automatic vesting”. Private land, such as land provided to iwi as redress, would be excluded from vesting under clause 46(2)(b).
We were advised that the bill explicitly states that it will not settle Ngāti Xxxxxxxxx’x historical claims to the river (or the claims of any other iwi with interest). We note that the bill would not stop Ngāti Maniapoto and the Crown from negotiating statuto- ry acknowledgements and deeds of recognition over the Whanganui River and its tributaries. Furthermore, the Office of Treaty Settlements advised us that Ngāti Mani- apoto’s future redress would be subject to an overlapping claims process. This con-
sultation would involve Xxxxxxxxx xxx, who have already indicated that they would be open to being involved in this process.
Concerns of Te Rūnanga o Ngāti Maru
Te Rūnanga o Ngāti Maru raised similar concerns to those of the Maniapoto Māori Trust Board. As with Ngāti Maniapoto, the Whanganui River Settlement will not set- tle the historical claims of Ngāti Maru.
In the bill, Ngāti Maru is recognised as an “iwi with interests in the river”. This en- sures their role in the ongoing management of Te Xxx Xxxxx.
Future status of Whanganui River Māori Trust Board
The Whanganui River Māori Trust Board indicated that it supports the bill. However, it suggested that, as the bill would dissolve the board, it would be sensible to avoid the need to hold further elections for the board before the commencement of the bill. As the board has largely completed its role, and is focusing on transitional and dises- tablishment work, it argues that there is limited value in electing new members. The board could also avoid the significant costs of holding another election.
We agree that this is a prudent course of action, and considered inserting a new clause to this effect. However, we were advised that such an amendment would need agree- ment from the Minister responsible for the Māori Trust Boards Act 1955. It has not been possible to seek this decision before we are due to report back to the House. We therefore have not recommended amending the bill. We note that a Supplementary Order Paper could be used to address this issue.
We note that the assets from Te Whiringa Muka Trust, who administer the Fisheries settlement (under the Māori Fisheries Act 2004), will transfer to Nga Tangata Tiaki.
Waikune Prison
Waikune Prison is an occupied prison site located in the Tongariro National Park, at the base of Mt. Ruapehu. The prison is located in the Uenuku Charitable Trust’s area of interest. The prison is currently held within the Land Information New Zealand (LINZ) landbank, but has been leased to the Whanganui Māori Trust Board since 2002.
We note the concern expressed by Uenuku Charitable Trust that this site may not be available for its future settlements. We seek to reassure the Trust that we have re- ceived advice on this point. We understand that, because the prison is Crown land held in the LINZ landbank, it is available for future treaty settlements. These settle- ments would be subject to negotiation with the Crown and an overlapping claims process.
Recommended changes to the bill
Definition of Whanganui iwi for the purposes of this bill
The Uenuku Charitable Trust, on behalf of Uenuku and Xxxxxxxx, requested that the bill reflect their status as iwi—rather than referring to them as Whanganui hapū. Te Iwi O Ngāti Hāua Charitable Trust raised similar concerns about the treatment of Ngāti Hāua in the bill.
We note that the bill’s definition of ‘Whanganui iwi’ originates from the list of those hapū that were active in the 1950 Royal Commission of Inquiry into the Bed of the Whanganui River. The definition is not intended for any use other than the settlement of the Whanganui River claims.
Nonetheless, we recommend clarifying the Explanatory Note in Schedule 1 to avoid confusion in the future. Our amendments specifically include Ngāti Tamahaki as an example of a group affiliated with Whanganui iwi, even though it is not expressly identified. We also recommend emphasising that the groups listed in clause 1 of Schedule 1, which include Ngāti Uenuku and Ngāti Hāua, may also be viewed as iwi within the broader context of “Whanganui iwi”.
Uenuku Charitable Trust, Ngāti Hāua Trust, and Ngā Tāngata Xxxxx indicated to our advisers that they support the intent of these suggested changes. We note that advisers are investigating potential risks.
Xx Xxx Xxxxx appointments
During the consultation on this bill, we became aware of a flaw in the Xx Xxx Xxxxx appointment process. As the role of Minister for Treaty of Waitangi Negotiations will not exist indefinitely, we recommend amending clause 20(1)(b). We recommend that the clause should provide that the Minister for Treaty of Waitangi Negotiations is only responsible for the first nomination of a Crown representative to Xx Xxx Xxxxx. We recommend that, subsequently, the Minister for the Environment should be re- sponsible for nominations.
We recommend this Minister because Te Xxx Xxxxx is a body of fresh water predom- inantly managed by the Resource Management Act 1991.
Furthermore, we recommend that both the Minister for Treaty of Waitangi Negoti- ations and the Minister for the Environment should be required to consult with the Minister for Māori Development, the Minister for Conservation, and any other rele- vant Ministers. The requirement to consult with the Minister for Māori Development recognises Xx Xxx Xxxxx’x importance in terms of the Treaty partnership. The re- quirement to consult with the Minister of Conservation recognises that nearly 50 per- cent of the Whanganui River catchment is part of a large conservation estate.
Appendix
Committee process
Te Xxx Xxxxx (Whanganui River Claims Settlement) Bill was referred to the com- mittee on 24 May 2016. The closing date for submissions was 6 July 2016. We re- ceived and considered 20 submissions from interested groups and individuals. We heard oral evidence from 11 submitters at hearings in Whanganui and Wellington.
We received advice from the Office of Treaty Settlements.
Committee membership Xxxxxxxxxxx Xxxxxx (Chairperson) Xxx Xxxxxxx Xxxxxxx
Xxxxxx Xxxxxxxx Xxxxxx Xxxxx Xxxxxx Xxx Xxxxxx Xxxxx
Hon Xxxxxx Xxxxxx Pita Paraone Xxxxxxx Xxxxx
Key to symbols used in reprinted bill
As reported from a select committee
text inserted unanimously text deleted unanimously
Xxx Xxxxxxxxxxx Xxxxxxxxx
Te Xxx Xxxxx (Whanganui River Claims Settlement) Bill
Government Bill
Contents
Page
Xxx Xxxxx Whakamārama—Preliminary provisions
4 Provisions to take effect on settlement date 8
6 Interpretation of Act generally 8
9 Meaning of historical claims 12
Te Pā Auroa nā Te Xxx Xxxxx—Te Xxx Xxxxx framework
Subpart 1—Scope and effect of Te Pā Auroa nā Te Xxx Xxxxx
11 Effect and interpretation of Te Pā Auroa 14
Te Xxx Xxxxx and Xxxxx xx Xxxx
12 Te Xxx Xxxxx recognition 14
14 Te Xxx Xxxxx declared to be legal person 15
15 Legal effect of declaration of Te Xxx Xxxxx status 15
16 Limits to effect of this Act and deed of settlement 16
17 Application of other Acts to Te Xxx Xxxxx 16
Establishment, purpose, functions, and powers
18 Establishment, purpose, and powers of Xx Xxx Xxxxx 17
19 Functions of Xx Xxx Xxxxx 17
20 Appointments to Xx Xxx Xxxxx 18
23 Application of Charities Act 2005 19
24 Application of Public Audit Act 2001 20
25 Tax treatment of Te Xxx Xxxxx and Xx Xxx Xxxxx 20
Amendments to Income Tax Act 2007
26 Amendments to Income Tax Act 2007 20
Expenditure other than for entities’ purposes
CH 11 Te Xxx Xxxxx and Xx Xxx Xxxxx XX 40C Xx Xxx Xxxxx
27 Establishment and purpose of Te Karewao 21
28 Appointments to Te Karewao 21
Subpart 4—Te Kōpuka nā Te Xxx Xxxxx and Te Heke Ngahuru ki Te Xxx Xxxxx
29 Nature and purpose of Te Kōpuka 22
Collaboration in freshwater planning
34 Collaborative planning process 24
Te Heke Ngahuru ki Te Xxx Xxxxx
35 Purpose of Te Heke Ngahuru 24
36 Contents of Te Heke Ngahuru 24
37 Legal effect of Xx Xxxx Xxxxxxx 25
38 Review of RMA planning documents 25
Subpart 5—Kia Matara Rawa—Vesting of parts of bed of Whanganui River in Te Xxx Xxxxx
40 Removal of existing status 27
42 Restoration of former status 28
43 Limits on alienation of land vested in Te Xxx Xxxxx 28
Application of certain legislation and rules of law
44 Application of certain legislation 29
45 Application of certain rules to adjoining lands 30
Status of certain rights and interests
46 Certain matters not affected by vesting 30
47 Certain existing interests continue to apply 31
Future acquisitions and interests
48 Bed of River on land not owned or held by the Crown 32
49 Bed of River on Māori freehold land 32
50 Registration and related matters 34
51 Return of land transferred or vested under section 48 or 49 34
52 Application of other enactments 35
53 Land that becomes part of bed of Whanganui River 36
54 Land that ceases to be part of bed of Whanganui River 36
55 Land held under Public Works Act 1981 and no longer required for 37
Liabilities and responsibilities
Subpart 6—Te Korotete o Te Xxx Xxxxx, Te Xxx Xxxxx Fund
58 Administration of Te Korotete 38
Subpart 7—Xxx Xxxxxxx Xxxxxx—Other arrangements relating to Te Xxx Xxxxx
Protection of name Te Xxx Xxxxx
62 Persons who may be included on Te Xxx Xxxxx register 41
Consequence if Xx Xxx Xxxxx is affected person
63 Application of Resource Management Act 1991 41
Activities on surface of Whanganui River
64 Management of activities on surface of water 41
65 Power to make regulations for activities on surface of water 42
66 Co-ordination of fisheries in Whanganui River catchment 43
67 Power to make regulations for management of customary food 43
Te Mana o Te Iwi o Whanganui—Whanganui Iwi redress
Subpart 1—Hei xxxxxx xxx hoe mai nā hō mātua—Crown acknowledgements and apology
Subpart 2—Ko au te Awa, ko te Awa ko au—Whanganui Iwi standing
Relationship of Xxxxxxxxx Xxx and Te Xxx Xxxxx
71 Relationship between Xxxxxxxxx Xxx and Te Xxx Xxxxx 49
Status of trustees under other Acts
72 Recognition of interests of trustees for purposes of Resource 49
73 Application of other Acts to trustees 50
74 Limits to application of sections 72 and 73 50
Subpart 3—Xxxxxxxx e Tāne, miroi e Tāne—Authorised customary activities
Acknowledgement and right to carry out authorised customary activities
78 Development and application of protocols and processes 53
79 Requirements to be met before certain activities may be carried out 53
Savings, application, and exemption provisions
81 Application of other legislation 54
Subpart 4—Xx Xxx Xxxxxxxx—Other cultural redress
Xxx Xxxx o Te Awa o Whanganui—Significance of rapids
82 Acknowledgement of statement of Xxxxxxxxx Xxx 55
84 Official geographic names 55
85 Publication of official geographic names 55
86 Subsequent alteration of official geographic names 55
Te Tatā Whakairoiro—Settlement of historical claims and other matters
Historical claims settled and jurisdiction of courts, etc, removed
87 Settlement of historical claims final 56
Amendment to Treaty of Waitangi Act 1975
88 Amendment to Treaty of Waitangi Act 1975 56
Certain enactments no longer apply
89 Certain enactments do not apply 56
90 Rule against perpetuities does not apply 57
91 Access to deed of settlement 57
Te Hoeroa––Governance reorganisation and transitional taxation matters
Subpart 1—Governance reorganisation
Dissolution of Maori Trust Board
93 Dissolution of Maori Trust Board 59
94 Vesting of assets and liabilities of Maori Trust Board 59
95 Final report of Maori Trust Board 59
Dissolution of Te Whiringa Muka Trust
96 Dissolution of Te Whiringa Muka Trust 60
97 Vesting of assets and liabilities of Te Whiringa Muka Trust 60
98 Assets and liabilities of subsidiary freed of charitable purposes 60
Dissolution of Pakaitore Trust
99 Dissolution of Pakaitore Trust 60
100 Vesting of assets and liabilities of Pakaitore Trust 61
Ngā Tāngata Tiaki o Whanganui becomes mandated iwi organisation
101 Recognition of new mandated iwi organisation 61
102 Temporary treatment of constitutional documents 61
103 Certain effects of recognition of new mandated iwi organisation 62
104 Functions of Te Ohu Kai Moana Trustee Limited 62
General matters relating to dissolution of Xxxxxxxxx Xxx trusts
105 Matters not affected by transfer 62
106 Status of existing instruments 63
107 Status of existing securities 63
108 Books and documents to remain evidence 63
109 Removal of Whanganui Iwi trusts and subsidiary from register of 64
Employees of Whanganui Iwi trusts
112 Protection of terms and conditions of employment 64
113 Continuity of employment 65
114 No compensation for technical redundancy 65
Subpart 2—Transitional taxation provisions for governance reorganisation
115 Application of this subpart 65
116 Taxation in respect of transfer of assets and liabilities of 65
Election by trustees to be Maori authority
117 Election by trustees to be Maori authority 66
118 Taxation in respect of assets and liabilities of subsidiary 67
119 Election by subsidiary to be Maori authority 67
Subpart 3—Consequential repeal, revocations, and amendments
120 Repeal of Whanganui River Trust Board Act 1988 67
122 Amendment to Conservation Act 1987 68
123 Amendment to National Parks Act 1980 68
124 Amendment to Public Audit Act 2001 68
125 Amendment to Electoral (Iwi Organisation and Other Māori 68
Organisation) Regulations 2012
126 Amendment to Maori Trust Boards Regulations 1985 68
Acts referred to in sections 15 and 37
Administrative matters relating to Xx Xxx Xxxxx and Te Karewao
Te Kōpuka nā Te Xxx Xxxxx and Te Heke Ngahuru ki Te Xxx Xxxxx
Schedule 5 82
Further provisions relating to vesting of Crown-owned parts of bed of Whanganui River
Schedule 6 84
Te Xxx Xxxxx register of hearing commissioners
Schedule 7 86
Further provisions relating to authorised customary activities
Schedule 8 88
Xxx Xxxx o Te Awa o Whanganui
The Parliament of New Zealand enacts as follows:
This Act is the Te Xxx Xxxxx (Whanganui River Claims Settlement) Act
2016.
This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1
Xxx Xxxxx Whakamārama—Preliminary provisions
3 Purpose 10
The purpose of this Act is—
(a) to record the acknowledgements and apology given by the Crown to Whanganui Iwi in Ruruku Whakatupua—Te Mana o Te Iwi o Whanga- nui; and
(b) to give effect to the provisions of the deed of settlement that establish Te Pā Auroa nā Te Xxx Xxxxx; and
(c) to give effect to the provisions of the deed of settlement that settle the historical claims of Xxxxxxxxx Xxx as those claims relate to the Whan- ganui River. 5
4 Provisions to take effect on settlement date
(1) The provisions of this Act take effect on the settlement date unless stated other- wise.
(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— 10
(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.
This Act binds the Crown. 15
6 Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
In this Act, unless the context otherwise requires,—
bed, in relation to the Whanganui River,—
(a) means the space of land that the waters of the Whanganui River cover at its fullest flow without overtopping its banks; and
(b) includes the subsoil, the plants attached to the bed, the space occupied 25
by the water, and the airspace above the water
consent authority has the meaning given in section 2(1) of the Resource Man- agement Act 1991
Crown has the meaning given in section 2(1) of the Public Finance Act 1989
deed of settlement means the deed— 30
(a) comprising—
(i) Ruruku Whakatupua—Te Mana o Te Xxx Xxxxx; and
(ii) Ruruku Whakatupua—Te Mana o Te Iwi o Whanganui; and
(b) dated 5 August 2014 and signed by—
(i) the Honourable Xxxxxxxxxxx Xxxxxxxxx and the Honourable Xxx- xxxx Xxxxxxx, for and on behalf of the Crown; and
(ii) Xxxxxxxxxx Xxxxxxxxx-Xxxx, Xxxxx Xx Xxxx Ranginui, Xxxx Xxxx Xxxxx, Xxxxxxx Xx Xxxxx Xxxxxxxx, and Te Kenehi Xxxxxx Xxxx,
for and on behalf of Xxxxxxxxx Xxx 5
Director-General means the Director-General of Conservation
hapū of Whanganui Iwi includes the hapū listed in clause 1 of Schedule 1
health and well-being includes environmental, social, cultural, and economic health and well-being
historical claims has the meaning given in section 9 10
Inland Revenue Acts has the meaning given in section 3(1) of the Tax Admin- istration Act 1994
iwi and hapū with interests in the Whanganui River includes—
(a) the iwi with interests in the Whanganui River; and
(b) the hapū of those iwi, if those hapū have interests in the Whanganui Riv- 15 er
iwi with interests in the Whanganui River includes the following iwi, acting in relation to the Whanganui River or its catchment through their representative iwi organisations:
(a) Xxx Xxxxx Kītahi; and 20
(b) Ngāti Apa; and
(c) Ngāti Maniapoto; and
(d) Ngāti Maru; and
(e) Ngāti Rereahu; and
(f) Ngāti Ruanui; and 25
(g) Ngāti Tuwharetoa; and
(h) Whanganui Iwi
marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
Ngā Tāngata Tiaki o Whanganui means the trust of that name established by 30
trust deed dated 4 August 2014
pakohe means metamorphosed indurated mudstone (otherwise known as xxxxx- lite)
public notice, unless otherwise specified, has the meaning given in section
2(1) of the Resource Management Act 1991 35
relevant local authorities means, as the context requires, 1 or more of the fol- lowing:
(a) the Manawatu–Wanganui Regional Council:
(b) the Ruapehu District Council:
(c) the Stratford District Council:
(d) the Whanganui District Council
relevant local government legislation means any legislation regulating the operation, procedures, decision-making, and conduct of members of a local au- 5 thority joint committee, including—
(a) the Local Government Act 2002:
(b) the Local Government Official Information and Meetings Act 1987:
(c) the Local Authorities (Members’ Interests) Act 1968
Ruruku Whakatupua—Te Mana o Te Xxx Xxxxx means the part of the 10 deed of settlement referred to by that name
Ruruku Whakatupua—Te Mana o Te Iwi o Whanganui means the part of the deed of settlement referred to by that name
settlement date means the date that is 30 working days after the date on which
this Act comes into force 15
Te Xxx Xxxxx means the legal person created by section 14
Te Xxx Xxxxx register and register mean the register of hearing commission- ers provided for in subpart 7 of Part 2
Te Xxx Xxxxx status means the status conferred on Te Xxx Xxxxx by—
(a) the Te Xxx Xxxxx recognition recorded in section 12; and 20
(b) the declaration of legal personality set out in section 14(1)
Te Heke Ngahuru ki Te Xxx Xxxxx and Xx Xxxx Xxxxxxx mean the strategy required by subpart 4 of Part 2
Te Karewao means the advisory group established by section 27
Te Kōpuka nā Te Xxx Xxxxx and Te Kōpuka mean the strategy group estab- 25 lished by subpart 4 of Part 2
Te Korotete o Te Xxx Xxxxx and Te Korotete mean the Te Xxx Xxxxx Fund provided for in subpart 6 of Part 2
Te Pā Auroa nā Te Xxx Xxxxx and Te Pā Auroa mean the framework out- lined in section 10 and provided for by Part 2 30
Xx Xxx Xxxxx means the office established by section 18
tikanga means customary law, values, and practices
trustees and trustees of Ngā Tāngata Tiaki o Whanganui mean the trustees of Ngā Tāngata Tiaki o Whanganui, acting in their capacity as trustees
Tupua xx Xxxx means the intrinsic values set out in section 13 35
Whanganui Iwi has the meaning given in section 8
Whanganui River and River, other than in relation to the matters provided for in subpart 5 of Part 2 and Schedule 5, mean—
(a) the body of water known as the Whanganui River that flows continuous- ly or intermittently from its headwaters to the mouth of the Whanganui
River on the Tasman Sea and is located within the Whanganui River 5 catchment; and
(b) all tributaries, streams, and other natural watercourses that flow continu- ously or intermittently into the body of water described in paragraph
(a) and are located within the Whanganui River catchment; and
(c) all lakes and wetlands connected continuously or intermittently with the 10 bodies of water referred to in paragraphs (a) and (b) and all tributar-
ies, streams, and other natural watercourses flowing into those lakes and wetlands; and
(d) the beds of the bodies of water described in paragraphs (a) to (c)
Whanganui River catchment and catchment mean the area shown titled as 15 the Whanganui River catchment on SO 469123
working day means a day other than—
(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day:
(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol- 20 lowing Monday:
(c) a day in the period commencing with 25 December in any year and end- ing with the close of 15 January in the following year:
(d) the day observed as anniversary day in Wellington and Whanganui.
Meaning of Whanganui Iwi | 25 | |
(1) | In this Act, Whanganui Iwi— | |
(a) means the collective group comprising every individual who is descen- ded from a person who, at any time after 6 February 1840, exercised customary rights and responsibilities in respect of the Whanganui River by virtue of being descended from— | 30 |
(i) Ruatipua:
(ii) Paerangi:
(iii) Haunui-ā-Pāpārangi; and
(b) includes those individuals referred to in paragraph (a); and
(c) includes the iwi, hapū, and tūpuna xxxx groups whose members— 35
(i) descend from Ruatipua, Paerangi, or Haunui-ā-Pāpārangi; and
(ii) collectively exercise, or at any time exercised, customary rights and responsibilities in respect of the Whanganui River; and
(d) includes the hapū and tūpuna xxxx groups identified in clauses 1 and 2 of Schedule 1; and
(e) includes any whānau, hapū, or other groups to the extent that they are composed of individuals referred to in paragraph (a), including the hapū and tūpuna xxxx groups identified in clauses 1 and 2 of Sched- 5 ule 1; but
(f) does not include the iwi identified in clause 3 of Schedule 1.
(2) In this section and section 9,—
customary rights and responsibilities means rights, interests, and responsibil-
ities exercised in relation to the Whanganui River and its catchment according 10 to tikanga Māori, including rights, interests, and responsibilities in relation to
the use and occupation of the Whanganui River and its catchment
descended means that a person is descended from another person by—
(a) birth; or
(b) legal adoption; or 15
(c) Māori customary adoption in accordance with the tikanga of Whanganui Iwi.
(3) The tūpuna xxxx groups of Whanganui Iwi are identified in clause 2 of Schedule 1.
9 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 subsection (3); but
(c) does not include the claims described in subsection (4).
(2) The historical claims are every claim that Xxxxxxxxx Xxx or a representative 25
entity had on or before the settlement date, or may have after the settlement date, and that—
(a) is founded on a right arising—
(i) from the Treaty of Waitangi or its principles; or
(ii) under legislation; or 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; and
(c) relates to the Whanganui River.
(3) The historical claims include those parts of the Wai 167 claim to the Waitangi Tribunal that relate to the Whanganui River.
(4) However, the historical claims do not include—
(a) a claim that an individual referred to in section 8(1)(a), or a whānau, hapū, or group referred to in section 8(1), had or may have that is 5 founded on a right arising by virtue of being descended from an ancestor who is not referred to in section 8(1)(a); or
(b) a claim that Xxxxxxxxx Xxx had or may have, to the extent that the claim does not relate to the Whanganui River; or
(c) a claim that a representative entity had or may have that is based on a 10 claim referred to in paragraph (a).
(5) A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.
(6) In this section, representative entity means— 15
(a) the trustees; and
(b) any person, including any trustee, acting for or on behalf of—
(i) the collective group referred to in section 8(1)(a); or
(ii) 1 or more members of Xxxxxxxxx Xxx; or
(iii) 1 or more of the whānau, hapū, or groups referred to in section 20
8(1)(c) or (d).
Part 2
Te Pā Auroa nā Te Xxx Xxxxx—Te Xxx Xxxxx framework
Subpart 1—Scope and effect of Te Pā Auroa nā Te Xxx Xxxxx
This Part gives effect to Te Pā Auroa nā Te Xxx Xxxxx, a framework that pro- vides for—
(a) the legal recognition of Te Xxx Xxxxx:
(b) the legal recognition and effect of Tupua xx Xxxx:
(c) the establishment of Xx Xxx Xxxxx, its membership reflecting the part- 30 nership under the Treaty of Waitangi/Te Tiriti o Waitangi:
(d) the establishment of Te Kōpuka nā Te Xxx Xxxxx:
(e) the development and effect of Te Heke Ngahuru ki Te Xxx Xxxxx:
(f) the vesting of the Crown-owned parts of the bed of the Whanganui River
and other lands in Te Xxx Xxxxx: 35
(g) the establishment of Te Korotete o Te Xxx Xxxxx.
11 Effect and interpretation of Te Pā Auroa
(1) Te Pā Auroa is a relevant consideration in the exercise of all statutory func- tions, powers, and duties in relation to the Whanganui River or to activities in its catchment that affect the Whanganui River.
(2) The statutory functions, powers, and duties referred to in subsection (1) must 5 be exercised in a manner that is consistent with the purpose of the legislation under which those statutory functions, powers, and duties are exercised.
(3) This Part must be interpreted in a manner that best furthers—
(a) the intent of Te Pā Auroa set out in clause 1.4 of Xxxxxx Xxxxxxxxxx—
Te Mana o Te Xxx Xxxxx; and 10
(b) the agreements expressed in the deed of settlement in relation to Te Pā Auroa.
Te Xxx Xxxxx and Xxxxx xx Xxxx
12 Te Xxx Xxxxx recognition 15
Te Xxx Xxxxx is an indivisible and living whole, comprising the Whanganui River from the mountains to the sea, incorporating all its physical and meta- physical elements.
Xxxxx xx Xxxx comprises the intrinsic values that represent the essence of Te 20
Xxx Xxxxx, namely—
Ko Xx Xxxx Tuatahi
(a) Ko te Awa te mātāpuna o te ora: the River is the source of spiritual and physical sustenance:
Te Xxx Xxxxx is a spiritual and physical entity that supports and sustains 25
both the life and natural resources within the Whanganui River and the health and well-being of the iwi, hapū, and other communities of the River.
Ko Xx Xxxx Tuarua
(b) E rere kau mai i te Awa nui mai i xx Xxxxx Maunga ki Tangaroa: the 30
great River flows from the mountains to the sea:
Te Xxx Xxxxx is an indivisible and living whole from the mountains to the sea, incorporating the Whanganui River and all of its physical and metaphysical elements.
Xx Xx Xxxx Xxxxxxx 00
(c) Ko au te Awa, ko te Awa ko au: I am the River and the River is me:
The iwi and hapū of the Whanganui River have an inalienable connec- tion with, and responsibility to, Te Xxx Xxxxx and its health and well- being.
Ko Xx Xxxx Tuawhā
(d) Ngā manga iti, ngā manga nui e honohono xxx xxx, xx xxxx hei Awa Tu- 5 pua: the small and large streams that flow into one another form one River:
Te Xxx Xxxxx is a singular entity comprised of many elements and com- munities, working collaboratively for the common purpose of the health
and well-being of Te Xxx Xxxxx. 10
Te Xxx Xxxxx declared to be legal person | ||
(1) | Te Xxx Xxxxx is a legal person and has all the rights, powers, duties, and | |
liabilities of a legal person. | ||
(2) | The rights, powers, and duties of Te Xxx Xxxxx must be exercised or per- | 15 |
formed, and responsibility for its liabilities must be taken, by Xx Xxx Xxxxx on | ||
behalf of, and in the name of, Te Xxx Xxxxx, in the manner provided for in this | ||
Part and in Ruruku Whakatupua—Te Mana o Te Xxx Xxxxx. | ||
Legal effect of declaration of Te Xxx Xxxxx status | ||
(1) | This section applies to persons exercising or performing a function, power, or duty under an Act referred to in Schedule 2— | 20 |
(a) if the exercise or performance of that function, power, or duty relates | ||
to— | ||
(i) the Whanganui River; or | ||
(ii) an activity within the Whanganui River catchment that affects the | 25 | |
Whanganui River; and | ||
(b) if, and to the extent that, the Te Xxx Xxxxx status or Tupua xx Xxxx re- | ||
lates to that function, duty, or power. | ||
(2) | Persons exercising or performing a function, power, or duty (decision makers) under the Acts listed in clause 1 of Schedule 2 must recognise and provide for— | 30 |
(a) the Te Xxx Xxxxx status; and
(b) Tupua xx Xxxx.
(3) Decision makers under the Acts listed in clause 2 of Schedule 2 must have particular regard to— 35
(a) the Te Xxx Xxxxx status; and
(b) Tupua xx Xxxx.
(4) | The obligations under subsections (2) and (3)— (a) apply in addition to section 11(1); and (b) must be carried out in a manner that is consistent with the purpose of the Act under which the function, power, or duty is exercised or performed. | |
(5) | Subsections (2) and (3)— | 5 |
(a) do not remove, or prevent the exercise of, any discretion that a decision | ||
maker has in exercising or performing a function, power, or duty under | ||
an Act referred to in subsection (2) or (3); but | ||
(b) permit a decision maker to consider the Te Xxx Xxxxx status and Tupua | ||
xx Xxxx as determining factors when exercising or performing a func- | 10 | |
tion, power, or duty under an Act listed in Schedule 2. | ||
(6) | If the exercise or performance of a function, power, or duty under subsection (2) or (3) requires a decision, document, or report, that decision, document, or report must state how the requirements of subsection (2) or (3), as the case | |
may be, have been complied with. | 15 | |
Limits to effect of this Act and deed of settlement | ||
Unless expressly provided for by or under this Act, nothing in this Act— | ||
(a) limits any existing private property rights in the Whanganui River; or | ||
(b) creates, limits, transfers, extinguishes, or otherwise affects any rights to, | ||
or interests in, water; or | 20 | |
(c) creates, limits, transfers, extinguishes, or otherwise affects any rights to, | ||
or interests in, wildlife, fish, aquatic life, seaweeds, or plants; or | ||
(d) affects the application of any enactment. |
17 Application of other Acts to Te Xxx Xxxxx
Te Xxx Xxxxx is to be treated as— 25
(a) an institution for the purpose of applying for registration as a charitable entity under the Charities Act 2005:
(b) a public body for the purposes of clauses 30 and 30A of Schedule 7 of the Local Government Act 2002:
(c) a public authority for the purpose of section 33X of the Maritime Trans- 30 port Act 1994:
(d) a registered collector of taonga tūturu for the purposes of section 14 of the Protected Objects Act 1975:
(e) a public authority for the purposes of the Resource Management Act 1991: 35
(f) a body corporate for the purpose of applying to be a heritage protection authority under section 188 of the Resource Management Act 1991:
(g) a public body for the purposes of sections 4 and 35 of the Walking Ac- cess Act 2008.
Establishment, purpose, functions, and powers
Establishment, purpose, and powers of Xx Xxx Xxxxx | 5 | |
(1) | The office of Xx Xxx Xxxxx is established. | |
(2) | The purpose of Xx Xxx Xxxxx is to be the human face of Te Xxx Xxxxx and act in the name of Te Xxx Xxxxx. | |
(3) | Xx Xxx Xxxxx has full capacity and all the powers reasonably necessary to ach- ieve its purpose and perform and exercise its functions, powers, and duties in accordance with this Act. | 10 |
Functions of Xx Xxx Xxxxx | ||
(1) | The functions of Xx Xxx Xxxxx are— | |
(a) to act and speak for and on behalf of Te Xxx Xxxxx; and | ||
(b) to uphold— | 15 |
(i) the Te Xxx Xxxxx status; and
(ii) Tupua xx Xxxx; and
(c) to promote and protect the health and well-being of Te Xxx Xxxxx; and
(d) to perform, for and on behalf of Xx Xxx Xxxxx, landowner functions for— 20
(i) the land vested in Te Xxx Xxxxx by section 41(1) or under sec- tion 53(3), except to the extent that section 42(2) is applicable; and
(ii) any land transferred to, or vested in, Te Xxx Xxxxx under sec-
tion 48; and 25
(e) to administer Xx Xxxxxxxx; and
(f) to maintain the Te Xxx Xxxxx register; and
(g) for the purposes of section 60, to authorise the use of the name Xx Xxx Xxxxx; and
(h) to enter into the relationship documents described in clauses 3.36 to 3.42 30
of Ruruku Whakatupua—Te Mana o Te Xxx Xxxxx; and
(i) to take any other action reasonably necessary to achieve its purpose and perform its functions.
(2) Without limiting subsection (1), Xx Xxx Xxxxx, in performing its func- tions,— 35
(a) must act in the interests of Te Xxx Xxxxx and consistently with Tupua xx Xxxx:
(b) must develop appropriate mechanisms for engaging with, and reporting to, the iwi and hapū with interests in the Whanganui River on matters
relating to Te Xxx Xxxxx, as a means of recognising the inalienable con- 5 nection of those iwi and hapū with Te Xxx Xxxxx:
(c) may report publicly on matters relating to Te Xxx Xxxxx:
(d) may engage with any relevant agency, other body, or decision maker to assist it to understand, apply, and implement the Te Xxx Xxxxx status
and the Tupua xx Xxxx, including (if Xx Xxx Xxxxx and the agency, 10 body, or decision maker agree) by developing or reviewing relevant guidelines or policies:
(e) may participate in any statutory process affecting Te Xxx Xxxxx in which Xx Xxx Xxxxx would be entitled to participate under any legis- lation. 15
Appointments to Xx Xxx Xxxxx | ||
Nominations | ||
(1) | The office of Xx Xxx Xxxxx comprises 2 persons appointed by the nominators | |
as follows: | 20 | |
(a) 1 person nominated by the iwi with interests in the Whanganui River; | ||
and | ||
(b) 1 person nominated on behalf of the Crown by the Minister for Treaty of | ||
Waitangi Negotiations and the Minister of Justice (the nominating Min- | ||
isters), after consultation with any other Minister whom the nominating | 25 | |
Ministers consider relevant in light of the purpose of this Part. | ||
(1) | The office of Xx Xxx Xxxxx comprises 2 persons appointed by nominators as set out in subsections (1A), (1B), and (1C). | |
(1A) | One person must be nominated by the iwi with interests in the Whanganui Riv- | |
er and one person must be nominated on behalf of the Crown as provided for in subsections (1B) and (1C). | 30 | |
(1B) | In the case of the first nomination after the commencement of this Act, 1 per- | |
son must be nominated on behalf of the Crown by the Minister for Treaty of | ||
Waitangi Negotiations, in consultation with the Minister for Māori Develop- | ||
ment, the Minister of Conservation, and the Minister for the Environment. | 35 | |
(1C) | For all subsequent nominations, 1 person must be nominated on behalf of the | |
Crown by the Minister for the Environment, in consultation with the Minister | ||
for Māori Development, the Minister of Conservation, and any other Minister |
that those Ministers consider to be relevant in light of the purpose of Xx Xxx Xxxxx.
(2) In making their nominations, each of the nominators a nominator must be satis- fied that the relevant nominee has the mana, skills, knowledge, and experience
to achieve the purpose and perform the functions of Xx Xxx Xxxxx. 5
(3) However, before making a nomination, a nominator must give notice to the other nominator—
(a) of the name of the proposed nominee:
(b) inviting comment from the other nominator on the suitability of the pro- posed nominee, having regard to the requirement of subsection (2). 10
Appointments
(4) The nominators must jointly appoint the persons nominated under subsection (1), having regard to the ability of the 2 nominees jointly to fulfil the purpose and perform the functions of Xx Xxx Xxxxx.
(5) Further provision is made for matters relevant to Xx Xxx Xxxxx in Part 1 of 15
Schedule 3.
(6) In this section and Schedule 3, nominator means, as the case requires,—
(a) the iwi with interests in the Whanganui River:
(b) the nominating Ministers Minister.
(1) The persons appointed to Xx Xxx Xxxxx are not personally liable for any action taken or omission made in their capacity as Xx Xxx Xxxxx, but only if the ac- tion or omission relates to their powers and functions under this Act and they
have acted in good faith. 25
(2) Except as provided for in section 56, Xx Xxx Xxxxx is responsible for the liabilities of Te Xxx Xxxxx.
Xx Xxx Xxxxx and the trustees must enter into a contract under which the trustees provide administrative support for Xx Xxx Xxxxx, including support in 30
the administration of Te Korotete (the Te Xxx Xxxxx Fund), unless Xx Xxx Tu- pua and the trustees agree otherwise.
23 Application of Charities Act 2005
The persons appointed to Xx Xxx Xxxxx are to be treated, for the purpose of applying for registration as a charitable entity under the Charities Act 2005, as 35
officers of Te Xxx Xxxxx.
Application of Public Audit Act 2001 | ||
Xx Xxx Xxxxx is a public entity as defined in section 4 of the Public Audit Act | ||
2001 and, in accordance with that Act, the Auditor-General is its auditor. | ||
Tax treatment of Te Xxx Xxxxx and Xx Xxx Xxxxx | ||
(1) | Te Xxx Xxxxx and Xx Xxx Xxxxx are deemed to be the same person for the pur- | 5 |
poses of the Inland Revenue Acts and the liabilities and obligations placed on a | ||
person under those Acts. | ||
(2) | In particular, and to avoid doubt,— | |
(a) income derived by Te Xxx Xxxxx is treated as income derived by Xx Xxx | ||
Xxxxx; and | 10 | |
(b) expenditure incurred by Te Xxx Xxxxx is treated as expenditure incurred | ||
by Xx Xxx Xxxxx; and | ||
(c) the application of funds attributable to Te Xxx Xxxxx is treated as the | ||
application of funds attributable to Xx Xxx Xxxxx; and | ||
(d) goods and services supplied by Te Xxx Xxxxx are treated as goods and | 15 | |
services supplied by Xx Xxx Xxxxx; and | ||
(e) goods and services acquired or used by Te Xxx Xxxxx are treated as | ||
goods and services acquired or used by Xx Xxx Xxxxx; and | ||
(f) obligations placed on Te Xxx Xxxxx under section 15B of the Tax Ad- | ||
ministration Act 1994 are treated as obligations placed on Xx Xxx Xxxxx. | 20 | |
(3) | Any income, expenditure, supply, acquisition, or use as described in subsec- tion (2) is not income, expenditure, supply, acquisition, or use by Te Awa Tu- | |
pua. | ||
(4) | A notice issued by the Commissioner of Inland Revenue to Te Xxx Xxxxx is | |
treated for the purposes of the Inland Revenue Acts as a notice issued to Xx Xxx | 25 | |
Xxxxx. | ||
(5) | Despite subsections (1) to (4), Te Xxx Xxxxx and Xx Xxx Xxxxx are jointly | |
and severally liable under the Inland Revenue Acts. |
Amendments to Income Tax Act 2007
Amendments to Income Tax Act 2007 | 30 | |
(1) | This section amends the Income Tax Act 2007. | |
(2) | After section CH 10, insert: |
Expenditure other than for entities’ purposes
CH 11 Te Xxx Xxxxx and Xx Xxx Xxxxx
When this section applies
(1) This section applies when Xx Xxx Xxxxx, as defined in the Te Xxx Xxxxx (Whanganui River Claims Settlement) Act 2016, incurs an amount of expend- iture in an income year for a purpose outside the scope and effect of Part 2 of that Act.
Income: amount of expenditure
(2) Xx Xxx Xxxxx derives income in the income year equal to the amount of the expenditure.
10
(3) After section CW 40B, insert:
CW 40C Xx Xxx Xxxxx
(1) An amount of income derived by Xx Xxx Xxxxx (as defined in the Te Awa Tu- pua (Whanganui River Claims Settlement) Act 2016) is exempt income.
(2) However, subsection (1) does not apply for an amount of income under sec- tion CH 11 (Te Xxx Xxxxx and Xx Xxx Xxxxx).
Establishment and purpose of Te Karewao | ||
(1) | An advisory group to be known as Te Karewao is established to provide advice and support to Xx Xxx Xxxxx in the performance of its functions. | 20 |
(2) | In providing advice and support to Xx Xxx Xxxxx, Xx Karewao must act in the interests of Te Xxx Xxxxx and consistently with Tupua xx Xxxx. | |
(3) | Part 2 of Schedule 3 provides for matters relevant to Te Karewao. | |
Appointments to Te Karewao | ||
(1) | Te Karewao consists of— | 25 |
(a) 1 person appointed by the trustees; and
(b) 1 person appointed by the iwi with interests in the Whanganui River (other than Xxxxxxxxx Xxx); and
(c) 1 person appointed by the relevant local authorities.
(2) If Xx Xxx Xxxxx performs a function in relation to a discrete part of the Whan- 30 ganui River, Te Karewao must also include 1 person appointed by the iwi and
hapū with interests in that part of the River, but only for the purpose of provid- ing advice and support about that function.
(3) Despite subsections (1) and (2), Xx Xxx Xxxxx may invite other persons to assist it or Te Karewao, including representatives of— 35
(a) the iwi or hapū with interests in the Whanganui; and
(b) local authorities; and
(c) relevant departments of State; and
(d) other agencies that Xx Xxx Xxxxx considers relevant in the circumstan- ces.
(4) Persons invited under subsection (3) to give assistance do not become mem- 5 bers of Te Karewao.
Subpart 4—Te Kōpuka nā Te Xxx Xxxxx and Te Heke Ngahuru ki Te Xxx Xxxxx
Nature and purpose of Te Kōpuka | 10 | |
(1) | Te Kōpuka is established to be a strategy group for Te Xxx Xxxxx. | |
(2) | Te Kōpuka comprises representatives of persons and organisations with inter- ests in the Whanganui River, including iwi, relevant local authorities, depart- ments of State, commercial and recreational users, and environmental groups. | |
(3) | The purpose of Te Kōpuka is to act collaboratively to advance the health and well-being of Te Xxx Xxxxx. | 15 |
(4) | Further provisions relating to Te Kōpuka are set out in Part 1 of Schedule 4. | |
Functions of Te Kōpuka | ||
(1) | The primary function of Te Kōpuka is to develop and approve Te Heke Nga- huru. | 20 |
(2) | Further functions of Te Kōpuka are— | |
(a) to monitor the implementation of Xx Xxxx Xxxxxxx; and | ||
(b) to review Xx Xxxx Xxxxxxx; and | ||
(c) to provide a forum for discussion of issues relating to the health and well-being of Te Xxx Xxxxx; and | 25 | |
(d) to perform any functions that may be delegated to it by a local authority; and | ||
(e) to take any other action that Te Kōpuka considers appropriate for achiev- ing its purpose and performing its functions. | ||
(3) | In performing its functions, Te Kōpuka must have particular regard to— | 30 |
(a) the Te Xxx Xxxxx status; and
(b) Tupua xx Xxxx.
(4) Te Kōpuka may determine, in any particular circumstances, whether, how, and to what extent it performs any function specified in subsection (2).
Xx Kōpuka has full capacity and all the powers reasonably necessary to achieve its purpose and perform its functions.
Appointment of members | 5 | |
(1) | Te Kōpuka consists of not more than 17 members, appointed by the appointers | |
as follows: | ||
(a) 1 member appointed by the trustees: | ||
(b) up to 5 members appointed by the iwi with interests in the Whanganui | ||
River: | 10 | |
(c) up to 4 members appointed by the relevant local authorities: | ||
(d) 1 member appointed by the Director-General of Conservation: | ||
(e) 1 member appointed by the New Zealand Fish and Game Council or its | ||
successor: | ||
(f) 1 member appointed by Genesis Energy Limited or its successor: | 15 | |
(g) 1 member appointed to represent environmental and conservation inter- | ||
ests: | ||
(h) 1 member appointed to represent tourism interests: | ||
(i) 1 member appointed to represent recreational interests: | ||
(j) 1 member appointed to represent the primary industries sector. | 20 | |
(2) | The Manawatu–Wanganui Regional Council must make the appointments under subsection (1)(g) to (j), but only after it has consulted any groups rep- resenting the interests referred to in those paragraphs, the relevant departments | |
of State, and other relevant agencies. | ||
(3) | The appointers must use their best endeavours to appoint members not later | 25 |
than 40 working days— | ||
(a) after the settlement date; or | ||
(b) after the commencement of any subsequent term. | ||
(4) | Before making an appointment under subsection (1), each appointer must— | |
(a) be satisfied that the person to be appointed has the mana, skills, know- | 30 | |
ledge, or experience— | ||
(i) to participate effectively in Te Kōpuka; and | ||
(ii) to contribute to achieving the purpose of Te Kōpuka; and | ||
(b) have regard to any members already appointed to Te Kōpuka so as to en- | ||
sure that the membership reflects a balanced mix of skills, knowledge, | 35 | |
and experience. |
(5) In this section and section 33(3), appointers means the persons responsible for making appointments to Te Kōpuka under subsections (1) and (2).
Status of Te Kōpuka | ||
(1) | Despite Schedule 7 of the Local Government Act 2002, Te Kōpuka is a per- manent joint committee for the administrative purposes of— | 5 |
(a) the Manawatu–Wanganui Regional Council; and | ||
(b) the Ruapehu District Council; and | ||
(c) the Stratford District Council; and | ||
(d) the Whanganui District Council. | 10 | |
(2) | The relevant local government legislation does not apply to Te Kōpuka. | |
(3) | In this section, permanent joint committee means a joint committee described in clause 30(1)(b) of Schedule 7 of the Local Government Act 2002 except that the committee must not be discharged other than with the written and unani- mous agreement of the appointers. | 15 |
Collaboration in freshwater planning
34 Collaborative planning process
If at any time the Manawatu–Wanganui Regional Council adopts, under any legislation, a collaborative planning process to develop a policy statement or
plan relating to freshwater management in the Whanganui River catchment, Te 20 Kōpuka is to be the group appointed by the Council for that process.
Te Heke Ngahuru ki Te Xxx Xxxxx
Purpose of Xx Xxxx Xxxxxxx | ||
The purpose of Xx Xxxx Xxxxxxx is to provide for the collaboration of persons | ||
with interests in the Whanganui River, in order to address and advance the | 25 | |
health and well-being of Te Xxx Xxxxx. | ||
Contents of Xx Xxxx Xxxxxxx | ||
(1) | Xx Xxxx Xxxxxxx must— | |
(a) identify the issues relevant to the health and well-being of Te Awa Tu- | ||
pua; and | 30 | |
(b) provide a strategy to deal with those issues; and | ||
(c) recommend actions to deal with those issues. | ||
(2) | Provisions relating to the development, approval, notification, and review of Te Heke Ngahuru are set out in Part 2 of Schedule 4. |
Legal effect of Xx Xxxx Xxxxxxx | ||
(1) | Persons exercising or performing functions, powers, or duties under any of the Acts referred to in subsection (2) must have particular regard to Xx Xxxx Xxxxxxx. | |
(2) | The Acts are as follows: | 5 |
(a) the Acts listed in clause 1 of Schedule 2; and | ||
(b) the Heritage New Zealand Pouhere Taonga Act 2014; and | ||
(c) the rest of the Resource Management Act 1991. | ||
(3) | The obligations under subsection (1) apply— | |
(a) if the exercise or performance of that function, power, or duty relates | 10 | |
to— | ||
(i) the Whanganui River; or | ||
(ii) an activity within the Whanganui River catchment that affects the | ||
Whanganui River; and | ||
(b) in a manner that is consistent with the purpose of the Act under which | 15 | |
that function, power, or duty is exercised or performed; and | ||
(c) if, and to the extent that, Xx Xxxx Xxxxxxx relates to that function, | ||
power, or duty. | ||
(4) | If the exercise or performance of a function, power, or duty referred to in this | |
section is the subject of a written report, decision, or document, the report, de- cision, or document must state how subsection (1) has been complied with. | 20 | |
(5) | A person exercising or performing a function, power, or duty to which this sec- | |
tion applies may, in his or her discretion, adopt or implement Te Heke Nga- | ||
huru, wholly or in part, including as part of an RMA planning document, but | ||
may do so only in accordance with the applicable statutory process. | 25 | |
(6) | In this section and section 38, RMA planning document means a regional policy statement, regional plan, or district plan as these terms are defined in | |
section 43AA of the Resource Management Act 1991. | ||
Review of RMA planning documents | ||
(1) | Each time Te Heke Ngahuru, or an amendment to it, is approved, each relevant | 30 |
local authority— | ||
(a) must consider its RMA planning documents in light of the Te Awa Tu- | ||
pua status, Tupua xx Xxxx, and Te Heke Ngahuru; and | ||
(b) may, in its discretion, initiate a review of an RMA planning document | ||
under section 79 of the Resource Management Act 1991 in order to meet its obligations under sections 15(2) and (3) and 37(1). | 35 | |
(2) | If a relevant local authority initiates a review under subsection (1), on com- pletion of that review,— |
(a) the local authority must inform Te Kōpuka and Xx Xxx Xxxxx of the out- come of the review; and
(b) if it considers that an RMA planning document requires alteration, it may propose to change the document under Schedule 1 of the Resource Management Act 1991; but 5
(c) if it considers that an RMA planning document does not require altera- tion, it need not give public notice of that document despite section 79 of the Resource Management Act 1991.
Subpart 5—Xxx Xxxxxx Xxxx—Vesting of parts of bed of Whanganui
River in Te Xxx Xxxxx 10
Interpretation | ||
(1) | In this subpart and Schedule 5,— | |
adjoining land means land that immediately before the settlement date had, or on or after the settlement date has, a water boundary with the Whanganui Riv- er, whether or not that land, on or after the settlement date, is physically adja- | 15 | |
cent to the bed of the River | ||
balance land means the land that remains in the name of the transferor after the rest of the land is transferred to, or vested in, Te Xxx Xxxxx | ||
cadastre has the meaning given in section 4 of the Cadastral Survey Act 2002 | ||
Crown land has the meaning given in section 2 of the Land Act 1948 | 20 | |
Crown-owned parts of the bed of the Whanganui River means the parts of the bed of that River that were, immediately before the settlement date, owned by the Crown and held under— | ||
(a) the Conservation Act 1987; or | ||
(b) the Land Act 1948; or | 25 | |
(c) the Reserves Act 1977; or | ||
(d) the National Parks Act 1980 | ||
interest, in relation to the bed of the Whanganui River, means a covenant, easement, lease, licence, licence to occupy, or other right or obligation relating to the bed of the Whanganui River | 30 | |
Māori customary land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993 | ||
Māori freehold land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993 | ||
Māori land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993 | 35 | |
railway infrastructure has the meaning given in section 4(1) of the Railways Act 2005 |
Registrar-General means the Registrar-General of Land appointed in accord- ance with section 4 of the Land Transfer Act 1952
structure has the meaning given in section 2(1) of the Resource Management Act 1991
transfer land means land to which section 48 applies 5
transferor means the person in whose name the fee simple estate in the bal- ance land and transfer land is registered immediately before the transfer or vesting of the transfer land under this subpart
water boundary means a moveable natural boundary set at the landward mar-
gin of the bed of any river, stream, or lake 10
Whanganui River and the River mean—
(a) the body of water known as the Whanganui River that flows continuous- ly or intermittently from its headwaters to the mouth of the Whanganui River on the Tasman Sea and is located within the Whanganui River
catchment; and 15
(b) all tributaries, streams, and other natural watercourses that flow continu- ously or intermittently into the body of water defined in paragraph (a) and are located within the Whanganui River catchment; and
(c) all tributaries, streams, and other natural watercourses that flow continu- ously or intermittently into any lakes that are connected continuously or 20
intermittently with the bodies of water defined in paragraphs (a) and (b); and
(d) the beds of the body of water, tributaries, streams, and other natural water courses defined in paragraphs (a) to (c).
(2) To avoid doubt, in this subpart and Schedule 5, Whanganui River does not 25
include any lake or lake bed.
Removal of existing status | ||
On the settlement date, any Crown-owned part of the bed of the Whanganui River that is— | 30 | |
(a) a conservation area under the Conservation Act 1987 ceases to be a con- servation area: | ||
(b) Crown land under the Land Act 1948 ceases to be Crown land: | ||
(c) a national park under the National Parks Act 1980 ceases to be a national park: | 35 | |
(d) a reserve under the Reserves Act 1977 has its reservation revoked. |
Vesting | ||
(1) | On the settlement date, the fee simple estate in the Crown-owned parts of the | |
bed of the Whanganui River vests in Te Xxx Xxxxx. | ||
(2) | The vesting by subsection (1) does not include— | |
(a) legal roads; or | 5 | |
(b) railway infrastructure; or | ||
(c) structures; or | ||
(d) to avoid doubt, any part of the bed of the Whanganui River— | ||
(i) held under the Public Works Act 1981; or | ||
(ii) located in the marine and coastal area. | 10 | |
(3) | Despite section 11(1) of the Crown Minerals Act 1991, the vesting by subsec- tion (1) includes pakohe, gravel, sand, and shingle in or on the land that is ves- | |
xxx, but only to the extent that they are owned by the Crown. | ||
Restoration of former status | ||
(1) | Upon the vesting of the fee simple estate in the Crown-owned parts of the bed | 15 |
of the Whanganui River by section 41(1), any part that, immediately before | ||
the vesting, was— | ||
(a) a conservation area is declared to be a conservation area under the Con- | ||
servation Act 1987 and is subject to the same conservation purposes that | ||
applied before the vesting by section 41(1): | 20 | |
(b) a national park is declared to be a national park under the National Parks | ||
Act 1980: | ||
(c) a reserve is declared to be a reserve under the Reserves Act 1977 and | ||
subject to the same reserve classification that it had immediately before | ||
the vesting by section 41(1). | 25 | |
(2) | The functions, powers, and duties arising under an Act referred to in subsec- tion (1) continue to apply instead of the functions, powers, and duties that | |
would otherwise have been exercised or performed by Xx Xxx Xxxxx under | ||
section 19(1)(d)(i) as a result of the vesting. | ||
30 | ||
Limits on alienation of land vested in Te Xxx Xxxxx | ||
(1) | The following land, for as long as it is part of the bed of the Whanganui River, | |
must not be alienated: | ||
(a) the land vested by section 41(1); and | ||
(b) any land vested under section 53(3) or 55(3)(a). | 35 | |
(2) | In this section, alienate— | |
(a) means to sell, gift, mortgage, charge, or otherwise transfer; but |
(b) does not include—
(i) the acquisition or taking under Part 2 of the Public Works Act 1981 of an interest in the land that is less than a fee simple estate; or
(ii) except in the case of an acquisition or a taking described in sub- 5 paragraph (i), the granting, for a term of less than 35 years (in- cluding any renewals), of an easement, a lease, a licence, or other interest in the land that is less than a fee simple estate.
(3) Subsection (1) does not apply to minerals vested in Te Xxx Xxxxx by sec-
tion 41(3). 10
(4) If a matter arises that may lead to the development of a proposal to acquire or take an interest in land less than a fee simple estate under Part 2 of the Public Works Act 1981, as soon as is reasonably possible the Crown or local authority, as the case may be, must—
(a) fully inform Xx Xxx Xxxxx of the matter that has arisen; and 15
(b) engage with Xx Xxx Xxxxx on the development of any proposal, includ- ing the nature and terms of any proposed acquisition or taking of land that is less than a fee simple estate in the land.
(5) In subsection (4)(b), the process of engagement between Xx Xxx Xxxxx and
the Crown or local authority, as the case may be, includes a requirement— 20
(a) to provide Xx Xxx Xxxxx with relevant information on the nature of the matter that has arisen; and
(b) to invite Xx Xxx Xxxxx to participate with the Crown or local authority, as the case may be, in developing the nature and terms of any acquisition
or taking of an interest in land less than a fee simple estate in the land. 25
Application of certain legislation and rules of law
44 Application of certain legislation
(1) The following legislation does not apply to the vesting of land by section 41(1) or under section 53(3):
(a) Part 4A of the Conservation Act 1987: 30
(b) the Public Works Act 1981, except as provided for by section 55(2)(b):
(c) sections 24 and 25 of the Reserves Act 1977:
(d) Te Ture Whenua Maori Act 1993, except as expressly provided for in
this Act. 35
(2) The vesting by section 41(1) or under section 53(3) does not, unless ex- pressly provided for,—
(a) limit section 10 or 11 of the Crown Minerals Act 1991; or
(b) affect other lawful rights to subsurface minerals. | ||
(3) | Section 11 and Part 10 of the Resource Management Act 1991 do not apply | |
to— | ||
(a) the vesting by section 41(1) or under section 53(3); or | ||
(b) any vesting in the Crown under section 54(2) or 55(7); or | 5 | |
(c) any matter incidental to, or required for the purpose of, any vesting. | ||
Application of certain rules to adjoining lands | ||
(1) | Subsection (2) applies if, and to the extent that, there are water boundaries | |
between the Whanganui River and the adjoining lands. | ||
(2) | The common law rules of accretion, erosion, and avulsion apply to the water | 10 |
boundaries when the adjoining lands are subject to those rules. | ||
(3) | In relation to land transferred or vested under section 48(2) or 49(1), the | |
boundary between the transferred or vested land and any adjoining land is a | ||
water boundary. | ||
15 | ||
Certain matters not affected by vesting | ||
(1) | The vesting of the Crown-owned parts of the bed of the Whanganui River by | |
section 41(1) or under section 53(3) or 55(3)(a) does not create or trans- | ||
fer— | ||
(a) a proprietary interest in water; or | 20 | |
(b) a proprietary interest in wildlife, fish, aquatic life, seaweeds, or plants | ||
(except in relation to plants attached to the bed of the Whanganui River). | ||
(2) | The following matters are preserved and not affected by the vesting of the | |
Crown-owned parts of the Whanganui River by section 41(1) or under sec- tion 53(3) or 55(3)(a): | 25 | |
(a) existing public use of, and access to and across, the Whanganui River, | ||
including navigation rights; and | ||
(b) existing private property rights, including customary rights and title; and | ||
(c) the existing rights of State-owned enterprises and mixed ownership | ||
model companies; and | 30 | |
(d) existing resource consents and other existing statutory authorisations; | ||
and | ||
(e) fishing rights recognised under— | ||
(i) the Conservation Act 1987: | ||
(ii) the Fisheries Act 1996: | 35 | |
(iii) the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; | ||
and |
(f) the existing ownership of, and consents for, lawful structures in or on | ||
any part of the Whanganui River, and any existing lawful rights to use, | ||
access, occupy, maintain, remove, repair, or demolish those structures; | ||
and | ||
(g) the statutory functions, powers, and duties of the relevant local author- | 5 | |
ities, except as otherwise provided in this Act; and | ||
(h) the application of any other enactment, unless expressly provided other- | ||
wise by this Act. | ||
(3) | Despite the vestings referred to in subsection (1),— | |
(a) the consent of Xx Xxx Xxxxx to use water is not required but a consent | 10 | |
authority may determine under the Resource Management Act 1991 that | ||
Xx Xxx Xxxxx is an affected person for the purpose of applications for | ||
resource consents relating to water; and | ||
(b) the consent of Xx Xxx Xxxxx may be required in relation to the use of the | ||
bed of the Whanganui River. | 15 | |
(4) | In this section,— | |
mixed ownership model company means a company listed in Schedule 5 of | ||
the Public Finance Act 1989 | ||
State-owned enterprise means a company listed in Schedule 1 of the State- | ||
Owned Enterprises Act 1986 | 20 | |
to use water includes to take, dam, divert, or discharge into water, but does not | ||
include the use of land, including the bed of the Whanganui River, or the erec- | ||
tion of structures. | ||
Certain existing interests continue to apply | ||
(1) | In this section, existing interest means, in relation to land vested by section 41(1) or under section 53(3) or 55(3)(a), a lawful interest in existence im- | 25 |
mediately prior to the date on which the land is vested. | ||
(2) | An existing interest continues to apply in accordance with its terms, with any | |
necessary modifications, until— | ||
(a) the land is no longer part of the bed of the Whanganui River; or | 30 | |
(b) the interest expires or is terminated, whichever is the sooner. | ||
(3) | Unless section 42(2) applies, on and from the date on which the land is ves- | |
xxx,— | ||
(a) Xx Xxx Xxxxx is to be treated as the grantor of any existing interests | ||
granted at any time before the vesting by the Crown as the landowner; | 35 | |
and | ||
(b) a reference in a document to the enactment under which that interest was | ||
granted is to be read as a reference to this Act. |
Future acquisitions and interests
48 Bed of River on land not owned or held by the Crown
(1) This section—
(a) applies to land—
(i) not owned or otherwise held by the Crown under any enactment; 5 and
(ii) on which, at any time after the settlement date, any part of the Whanganui River is located; but
(b) does not apply to Māori land. | ||
(2) | The part of the land on which the bed of the Whanganui River is located may | 10 |
be transferred to, or vested in, Te Xxx Xxxxx as long as written agreement for | ||
the transfer or vesting is first obtained from Xx Xxx Xxxxx and the owner of the | ||
land. | ||
(3) | If any land transferred to, or vested in, Te Xxx Xxxxx under this section is sub- | |
ject to a lease, licence, mortgage, or charge, the consent of the holder of the | 15 | |
lease, licence, mortgage, or charge is required. | ||
Bed of River on Māori freehold land | ||
(1) | If part of the Whanganui River is located on Māori freehold land, the Māori Land Court may, on application by a person referred to in subsection (2), make a vesting order to vest in Te Xxx Xxxxx the part of any Māori freehold | 20 |
land on which the bed of the Whanganui River is located. | ||
(2) | The persons who may apply to the Māori Land Court under subsection (1) are— | |
(a) the legal owners of the fee simple estate in the land, if the legal owners | ||
are different from the beneficial owners of the land: | 25 | |
(b) any legal owners of the fee simple estate in the land, if the legal owners | ||
are the same as the beneficial owners: | ||
(c) Xx Xxx Xxxxx. | ||
(3) | The Māori Land Court must not make a vesting order under subsection (1)— | |
(a) without the consent, as applicable, of— | 30 | |
(i) at least 75% of the owners, if no owner has a defined share in the | ||
land; or | ||
(ii) the persons who together own at least 75% of the beneficial free- | ||
hold interest in the land; and | ||
(b) without the consent of the legal owners of the fee simple estate in the | 35 | |
land, if that owner differs from the beneficial owners of the land. |
(4) The Māori Land Court must not make a vesting order in respect of Māori free- hold land set apart as a Māori reservation under Part 17 of Te Ture Whenua Maori Act 1993 or any prior enactment to the same effect unless—
(a) the reservation of the land is first cancelled under section 338 of that Act; or 5
(b) the land to be vested in Te Xxx Xxxxx under subsection (1) is first ex- cluded from the reservation under that section.
(5) Land that is subject to a lease, licence, mortgage, or charge may be vested in Te Xxx Xxxxx under this section, but only with the consent of the holder of the
lease, licence, mortgage, or charge. 10
(6) In exercising its jurisdiction under subsection (1), the Māori Land Court may make other orders that it considers necessary—
(a) to provide for reasonable access to any part of the balance land:
(b) to apportion or adjust, as between the land vested in Te Xxx Xxxxx under subsection (1) and the balance land, all rights, obligations, or 15
liabilities arising from any lease, licence, mortgage, or charge to which the land is subject at the date of the vesting.
(7) In exercising its powers under subsection (6)(b), the Māori Land Court—
(a) may exercise those powers as it thinks equitable; but
(b) must not, if the land is subject to a mortgage or lease, apportion or adjust 20
any rights, obligations, or liabilities without the consent of the xxxxxx- xxx or xxxxxx.
(8) Every order made under subsection (6)(b)—
(a) has effect according to its tenor in the same manner and in all respects as
if the necessary transfers, releases, covenants, and other dispositions or 25
agreements had been duly made by the appropriate persons; and
(b) may be registered under the Land Transfer Act 1952 accordingly.
(9) The following provisions of Te Ture Whenua Maori Act 1993 apply, as rele- vant, to orders made under subsection (1):
(a) section 43 (relating to rehearings): 30
(b) section 44 (relating to the special powers of the Chief Judge):
(c) section 49 (which confers a right of appeal to the Māori Appellate Court):
(d) section 77 (which provides for when orders become conclusive):
(e) section 123 (which provides for orders affecting title to Māori freehold 35
land to be registered).
Registration and related matters | ||
(1) | If land is transferred to, or vested in, Te Xxx Xxxxx under section 48(2) or 49(1), the Registrar-General must, upon registration of the transfer or vesting | |
of the land,— | ||
(a) cancel the existing computer register for both the balance land and the | 5 | |
land that is transferred or vested; and | ||
(b) create 1 computer register for the estate in the balance land in the name | ||
of the registered proprietor immediately prior to the transfer or vesting, | ||
as the case may be. | ||
(2) | Land vested under section 49(1) ceases to be Māori freehold land upon regis- | 10 |
tration of the vesting order. | ||
(3) | The land transferred or vested under section 48(2) or 49(1) must, for as long | |
as Te Xxx Xxxxx remains the legal owner of the land, be described in the ca- | ||
dastre as part of the bed of the Whanganui River. | ||
(4) | The transfer or vesting of land under section 48(2) or 49(1) is subject to the | 15 |
completion of any survey required to create a computer register for any balance | ||
land. | ||
Return of land transferred or vested under section 48 or 49 | ||
(1) | This section applies— | |
(a) to any part of the bed of the Whanganui River that— | 20 | |
(i) has been transferred to, or vested in, Te Xxx Xxxxx under sec- tion 48(2) or 49(1); but | ||
(ii) no longer forms part of the bed of the Whanganui River because | ||
there has been a change in the course of the River arising from a | ||
natural event or process; and | 25 | |
(b) for the purpose of enabling Xx Xxx Xxxxx to amalgamate land that no | ||
longer forms part of the bed of the Whanganui River with adjoining land | ||
owned by others (appurtenant land). | ||
(2) | If the conditions set out in subsection (1) are met,— | |
(a) Xx Xxx Xxxxx may transfer the land referred to in subsection (1)(a) to | 30 | |
the owner of the appurtenant land; or | ||
(b) in the case of land that was formerly Māori freehold land, the Māori | ||
Land Court may, on application by Xx Xxx Xxxxx, make a vesting order | ||
to vest the land in the owner of the appurtenant land. | ||
(3) | In making a vesting order under subsection (2)(b), the Māori Land Court— | 35 |
(a) must include in the order the relative interests of the several owners of | ||
the land, which must be calculated by reference to the relative values of | ||
the interests those owners hold in the appurtenant land; and | ||
(b) may vest the land in— |
(i) the owners of the land, in the shares set out in the order described in paragraph (a), if those persons are the legal owners of the ap- purtenant land; or
(ii) if those persons differ from the legal owners of the appurtenant land, the legal owners of the appurtenant land on behalf of those 5 persons; and
(c) may cancel the titles under which the vested land and the appurtenant land are held and make an amalgamation order substituting for those titles 1 title for the whole of the land.
(4) | Land transferred or vested under subsection (2) becomes adjoining land to which section 45 applies. | 10 |
(5) | Land vested under subsection (2)(b) becomes Māori freehold land upon | |
registration of the vesting order. | ||
(6) | A transfer or vesting under subsection (2) is subject to the completion of any | |
survey required to create a computer register for the land to be transferred or | 15 | |
vested. | ||
(7) | The owner of the appurtenant land may apply to the Registrar-General to issue | |
1 computer register for the appurtenant land and the land transferred or vested | ||
under this section. | ||
(8) | The Registrar-General must comply with an application received under sub- section (7). | 20 |
Application of other enactments | ||
(1) | Section 11 and Part 10 of the Resource Management Act 1991 do not apply to | |
the transfer or vesting of land under section 48(2), 49(1), or 51(2) or to any | ||
matter incidental to, or required for, the purpose of that transfer or vesting. | 25 | |
(2) | A transfer or vesting referred to in subsection (1) does not— | |
(a) limit section 10 or 11 of the Crown Minerals Act 1991; or | ||
(b) affect other lawful rights to subsurface minerals. | ||
(3) | Section 123 of Te Ture Whenua Maori Act 1993 applies to any orders made | |
under section 49(1) or (6) or 51(2)(b) or (3)— | 30 | |
(a) while Te Xxx Xxxxx is the legal owner of the land to which the orders | ||
apply; and | ||
(b) as if the orders were orders to which Part 5 of Te Ture Whenua Maori | ||
Act 1993 applies. | ||
(4) | In relation to a transfer or vesting referred to in subsection (1), the permis- | 35 |
sion of a council under section 348 of the Local Government Act 1974 is not | ||
required for laying out, forming, granting, or reserving a private road, private | ||
way, or right of way required. |
Land that becomes part of bed of Whanganui River | ||
(1) | Subsection (3) applies to any part of land owned by the Crown if, after the | |
settlement date,— | ||
(a) the land is held under an Act referred to in subsection (2); and | ||
(b) the land is or, because there is a change in the course of the River arising | 5 | |
from a natural event or process, becomes part of the bed of the Whanga- | ||
nui River. | ||
(2) | The Acts referred to in subsection (1)(a) are— | |
(a) the Conservation Act 1987: | ||
(b) the Land Act 1948: | 10 | |
(c) the National Parks Act 1980: | ||
(d) the Reserves Act 1977. | ||
(3) | On and from the date on which the land referred to in subsection (1) be- | |
comes part of the bed of the Whanganui River, the fee simple estate in that land | ||
vests in Te Xxx Xxxxx as if that land were vested by section 41(1). | 15 | |
Land that ceases to be part of bed of Whanganui River | ||
(1) | This section applies if, after the settlement date,— | |
(a) land that was part of the Crown-owned bed of the Whanganui River | ||
ceases to be part of the bed of the Whanganui River because there is a | ||
change in the course of the River arising from a natural event or process; | 20 | |
and | ||
(b) the title to that land is not determined by an enactment or by the com- | ||
mon law rules of accretion, erosion, or avulsion. | ||
(2) | If the land to which this section applies was previously vested in Te Xxx Xxxxx | |
under section 53(3) or by section 41(1), on and from the date that the land | 25 | |
ceases to be part of the bed of the Whanganui River, that land— | ||
(a) vests in the Crown; and | ||
(b) resumes the status it had immediately before it was vested in Te Awa Tu- | ||
pua, in accordance with the Act under which the land was formerly held. | ||
(3) | However, in relation to land to which this section applies, any existing interests | 30 |
continue to apply under the legislation that applied to that interest prior to the | ||
vesting in, or transfer of the land to, Te Xxx Xxxxx until the interest expires or | ||
is terminated, whichever is the sooner. | ||
(4) | In subsection (3), existing interests has the meaning given in section 47(1). | 35 |
Land held under Public Works Act 1981 and no longer required for public | ||
work | ||
(1) | This section applies to any parts of the bed of the Whanganui River that are | |
held by the Crown under the Public Works Act 1981. | ||
(2) | If at any time a part of the bed of the Whanganui River to which this section | 5 |
applies is no longer required for a public work under the Public Works Act | ||
1981, the chief executive of Land Information New Zealand must— | ||
(a) notify Xx Xxx Xxxxx in writing as to the part of the bed that is no longer | ||
required for a public work; and | ||
(b) comply with the requirements of sections 40 and 41 of the Public Works | 10 | |
Act 1981. | ||
(3) | If any land that is part of the bed remains in Crown ownership after the require- ments under subsection (2)(b) have been complied with,— | |
(a) on and from the date on which that compliance is complete, that land | ||
vests in Te Xxx Xxxxx; and | 15 | |
(b) the chief executive of Land Information New Zealand must notify Te | ||
Pou Tupua in writing that that land has been vested in Te Awa Tupua | ||
under this subsection; and | ||
(c) that land must be described in the cadastre as part of the bed of the | ||
Whanganui River. | 20 | |
(4) | Land vested under subsection (3)(a)— | |
(a) does not include structures or any part of the bed of the Whanganui Riv- |
er located in the marine and coastal area; but
(b) despite section 11(1) of the Crown Minerals Act 1991, does include pak-
ohe, gravel, sand, and shingle in or on the land that is vested, but only to 25 the extent that they are owned by the Crown.
(5) Part 4A of the Conservation Act 1987 and section 11 and Part 10 of the Re- source Management Act 1991 do not apply—
(a) to the vesting of any part of the bed of the Whanganui River under sub- section (3)(a); or 30
(b) to any matter incidental to, or required by, that vesting.
(6) Subsection (7) applies if—
(a) land vested in Te Awa Tupua by subsection (3)(a) ceases to be part of the bed of the Whanganui River as a result of a change in the course of
the River arising from a natural event or process; and 35
(b) the title to that land is not determined by legislation or by the common law rules of accretion, erosion, or avulsion.
(7) Land described in subsection (6) vests in the Crown as Crown land subject to the Land Act 1948.
Liabilities and responsibilities
(1) The liabilities of Te Awa Tupua in respect of land it owns by virtue of section 41(1), 53(3), or 55(3)(a) are excluded in accordance with clause 1 of Schedule 5. 5
(2) On and from the date on which land is vested by section 41(1) or under sec- tion 53(3) or 55(3)(a), the Crown continues to have the liabilities applying under clause 2 of Schedule 5.
Subpart 6—Te Korotete o Te Awa Tupua, Te Awa Tupua Fund
(1) There is a fund called Te Korotete.
(2) Te Korotete includes the Crown contribution to Te Korotete, as provided for by clause 7.1 of Ruruku Whakatupua—Te Mana O Te Awa Tupua.
(3) The purpose of Te Korotete is to support the health and well-being of Te Awa Tupua. 15
58 Administration of Te Korotete
(1) Te Korotete must be—
(a) held by Te Awa Tupua; and
(b) administered by Te Pou Tupua on behalf of Te Awa Tupua.
(2) In administering Te Korotete, Te Pou Tupua must— 20
(a) seek advice and recommendations from Te Karewao; but
(b) make all final decisions in relation to Te Korotete.
(3) To avoid doubt,—
(a) grants from Te Korotete may be combined with funds from other sour-
ces: 25
(b) Te Awa Tupua may seek and receive contributions for Te Korotete from any source.
(4) The trustees must support Te Pou Tupua in the administration of Te Korotete, as may be required by the contract entered into under section 22.
(1) Te Pou Tupua must allocate the Crown contribution to Te Korotete on a con- testable basis in accordance with the processes required by clauses 7.5 and 7.7 of Ruruku Whakatupua—Te Mana o Te Awa Tupua.
(2) Te Pou Tupua may allocate, as provided for in subsection (3),—
(a) any money (other than the Crown contribution) that is provided for Te Korotete; and
(b) income derived from the Crown contribution or any additional money.
(3) Money to which subsection (2) refers may be allocated—
(a) as provided for by subsection (1); or 5
(b) as Te Pou Tupua considers is consistent with the performance of its func- tions and the purpose of Te Korotete, including to meet the costs associ- ated with the performance of the functions of Te Pou Tupua under sec- tion 19.
(4) In this section, Crown contribution means the contribution referred to in sec- 10
tion 57(2).
Subpart 7—Ngā Ritenga Whakaū—Other arrangements relating to Te Awa Tupua
Protection of name Te Awa Tupua
Protection of name | 15 | |
(1) | No person may, without making a written request to Te Pou Tupua and receiv- | |
ing a written authorisation from Te Pou Tupua,— | ||
(a) cause an incorporated or unincorporated body to be formed or registered | ||
under any name, title, style, or designation that includes the name Te | ||
Awa Tupua: | 20 | |
(b) carry on trade activities under any name, title, style, or designation that | ||
includes the name Te Awa Tupua: | ||
(c) in relation to any commercial goods or services, display, exhibit, or | ||
otherwise use in any business, trade, or occupation, a name, title, style, | ||
or designation that includes the name Te Awa Tupua. | 25 | |
(2) | Subsection (1) applies to the use, in the manner described in paragraphs (a) to (c), of any other name, title, style, or designation that so resembles the | |
name Te Awa Tupua as to be likely to mislead, confuse, or deceive a person | ||
into believing that there is an association with Te Awa Tupua. | ||
(3) | Subsection (4) applies to a request under subsection (1) by— | 30 |
(a) an iwi with interests in the Whanganui River: | ||
(b) any person, for use for an educational or other charitable purpose. | ||
(4) | Te Pou Tupua must not unreasonably withhold the requested authorisation, if | |
the proposed use— | ||
(a) is consistent with Tupua te Kawa; and | 35 | |
(b) promotes the health and well-being of Te Awa Tupua. |
(5) If Te Pou Tupua considers that the grant of an authorisation may adversely af- fect the mana of Te Awa Tupua, Te Pou Tupua must—
(a) notify the trustees of the authorisation requested; and
(b) obtain and consider the views of the trustees before making a decision
on any request for an authorisation under subsection (1). 5
(6) If Te Pou Tupua considers that the name Te Awa Tupua is being used in a man- ner contrary to subsection (1) or (2), Te Pou Tupua may—
(a) use any relevant statutory process to object to the use of the name; and
(b) give written notice to any person—
(i) stating that the name Te Awa Tupua is being used in a manner 10
contrary to subsection (1) or (2); and
(ii) requesting that person to cease further use of the name in that manner; and
(c) apply to a court for—
(i) a declaration that the use of the name Te Awa Tupua by the person 15
to whom notice was given under paragraph (b) is contrary to
subsection (1) or (2); and
(ii) an order to cease the relevant use of the name.
Te Awa Tupua register | 20 | |
(1) | A register of hearing commissioners, to be called the Te Awa Tupua register, | |
must be developed and agreed, in consultation with iwi with interests in the | ||
Whanganui River, by— | ||
(a) Te Pou Tupua; and | ||
(b) the Secretary for the Environment; and | 25 | |
(c) the Director-General; and | ||
(d) the relevant local authorities. | ||
(2) | The purpose of the register is to provide a register of persons qualified to hear | |
and determine applications under the Resource Management Act 1991 for re- | ||
source consents— | 30 | |
(a) relating to the Whanganui River: | ||
(b) for activities in the Whanganui River catchment that affect the Whanga- | ||
nui River. | ||
(3) | Te Pou Tupua must maintain the Te Awa Tupua register. | |
(4) | In this section, section 62, and Schedule 6, hearing commissioner means a person accredited under section 39A of the Resource Management Act 1991 to | 35 |
act as a hearing commissioner. |
Persons who may be included on Te Awa Tupua register | ||
(1) | The iwi with interests in the Whanganui River may nominate hearing commis- | |
sioners to be included on the Te Awa Tupua register. | ||
(2) | The Te Awa Tupua register must include persons who have— | |
(a) skills, knowledge, and experience in a range of disciplines including | 5 | |
tikanga Māori; and | ||
(b) knowledge of the Whanganui River; and | ||
(c) an understanding of Te Awa Tupua and Te Pā Auroa nā Te Awa Tupua. | ||
(3) | Further provisions relating to the Te Awa Tupua register are set out in Sched- ule 6. | 10 |
Consequence if Te Pou Tupua is affected person
Application of Resource Management Act 1991 | ||
(1) | Subsection (2) applies if— | |
(a) a consent authority determines that Te Pou Tupua is an affected person in relation to a resource consent application relating to the Whanganui | 15 | |
River or activities within the Whanganui River catchment that affect the River; and | ||
(b) Te Pou Tupua gives written consent to the application. | ||
(2) | Despite sections 95D(e) and 104(3)(a)(ii) of the Resource Management Act 1991, the consent authority must not disregard any effect on the Whanganui River. | 20 |
Activities on surface of Whanganui River
Management of activities on surface of water | ||
(1) | As soon as practicable after the settlement date, the groups and organisations referred to in subsection (2) (the collaborative group) must collectively es- tablish a process under which they collaborate to— | 25 |
(a) review how activities carried out on the surface of the water of the | ||
Whanganui River are being regulated; and | ||
(b) consider how to improve and co-ordinate the management of those activ- | ||
ities. | 30 | |
(2) | The collaborative group consists of representatives of— | |
(a) iwi with interests in the Whanganui River; and | ||
(b) the Department of Conservation; and | ||
(c) Maritime New Zealand; and | ||
(d) the relevant local authorities. | 35 |
(3) Without limiting the requirements of subsection (1), the collaborative group must consider—
(a) the nature and extent of existing and possible future activities on the sur- face of the Whanganui River; and
(b) the existing regulatory provisions for managing and controlling activities 5 on the surface of the Whanganui River; and
(c) the relationship between activities on the surface of the Whanganui Riv- er and activities on land adjacent to the River; and
(d) matters relevant to public health and safety; and
(e) the health and well-being of Te Awa Tupua; and 10
(f) any other relevant matters.
(4) The collaborative group must—
(a) consult Te Pou Tupua, as appropriate; and
(b) report to the relevant Ministers on the completion of their work.
(5) In subsection (3)(b), regulatory provisions— 15
(a) means the provisions of any statute that provide for the matters de- scribed in that paragraph; and
(b) includes instruments made under the statute for the same purpose, such as regulations, rules, bylaws, standards, and instruments such as policy
statements and plans. 20
(6) In this section and section 65, relevant Ministers includes 1 or more of the following:
(a) the Minister of Conservation:
(b) the Minister for the Environment:
(c) the Minister for Workplace Relations and Safety: 25
(d) the Minister of Local Government:
(e) the Minister for Māori Development:
(f) the Minister of Transport.
65 Power to make regulations for activities on surface of water
(1) After the relevant Ministers have considered the report required by section 30
64(4)(b), they may recommend, if they are satisfied that the existing regulatory methods are inadequate for the purposes described in subsection (2), that the Governor-General make regulations for 1 or more of those purposes.
(2) The Governor-General may, by Order in Council made on the recommendation
of the relevant Ministers given in accordance with subsection (1), make 35
regulations relating to the management of activities carried out on the surface of the water of the Whanganui River for the purpose of providing for—
(a) public health and safety:
(b) the health and well-being of Te Awa Tupua:
(c) any other matter relevant to the management of those activities.
Co-ordination of fisheries in Whanganui River catchment | 5 | |
(1) | As soon as practicable after the settlement date, the groups and organisations referred to in subsection (2) must establish a representative group (the fish- eries co-ordination group) to— | |
(a) co-ordinate the planning and management activities of organisations | ||
with responsibility for fisheries or fish habitat management in the Whan- | 10 | |
ganui River catchment; and | ||
(b) provide a forum for the iwi with interests in the Whanganui River to | ||
contribute to the protection, management, and sustainable utilisation of | ||
fisheries and fish habitat managed in the Whanganui River under any | ||
relevant legislation, including— | 15 |
(i) the Conservation Act 1987:
(ii) the Fisheries Act 1996:
(iii) the Resource Management Act 1991.
(2) The fisheries co-ordination group consists of representatives of—
(a) iwi with interests in the Whanganui River; and 20
(b) the Ministry for Primary Industries; and
(c) the Department of Conservation; and
(d) the New Zealand Fish and Game Council; and
(e) the Manawatu–Wanganui Regional Council.
(3) The members of the fisheries co-ordination group must agree on the terms of 25
reference for the group.
(4) This section, and actions taken under it, do not limit the rights of any iwi under—
(a) the Fisheries Act 1996; or
(b) the deed of settlement dated 23 September 1992 signed by the Crown 30
and Māori and referred to in the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.
Power to make regulations for management of customary food gathering | ||
(1) | As soon as practicable after the settlement date, the iwi with interests in the Whanganui River and the Ministry for Primary Industries (together, the par- | 35 |
ticipants) must establish a collaborative process to develop regulations under the Fisheries Act 1996 for the management of customary food gathering by the iwi with interests in the Whanganui River.
(2) The Governor-General may, by Order in Council made on the recommendation
of the Minister for Primary Industries given in accordance with subsection 5
(3), make regulations under the Fisheries Act 1996 to provide for—
(a) the management of customary food gathering by iwi with interests in the Whanganui River; and
(b) the issuing of customary authorisations.
(3) The Minister for Primary Industries must recommend the making of regula- 10 tions if the participants agree and give notice to the Minister that regulations
are required for the management of customary food gathering in relation to the Whanganui River.
Taonga tūturu | 15 | |
(1) | This section applies to taonga tūturu found in the Whanganui River on or after | |
the settlement date. | ||
(2) | The taonga tūturu must be held in the interim custody of Te Awa Tupua until | |
the ownership of the taonga tūturu is determined under the Protected Objects | ||
Act 1975, subject to any conditions that the chief executive considers appropri- | 20 | |
ate. | ||
(3) | Subsection (2) does not apply if, at any time, the chief executive, in his or her discretion, considers that an alternative to the interim custody of Te Awa | |
Tupua would be appropriate in the circumstances, such as, for example, if con- | ||
servation treatment is required. | 25 | |
(4) | The discretion of the chief executive or any other person under section 11(2) of | |
the Protected Objects Act 1975 to apply to the Māori Land Court applies under | ||
this section. | ||
(5) | Te Pou Tupua must, in accordance with section 11(3) of the Protected Objects | |
Act 1975, notify the chief executive when taonga tūturu are found in the Whan- | 30 | |
ganui River and are being held in the interim custody of Te Awa Tupua. | ||
(6) | For the purpose of giving a notice required by section 11(4)(a)(ii) of the Protec- | |
ted Objects Act 1975, Te Awa Tupua is to be treated as a party that has an inter- | ||
est in a taonga tūturu to which this section applies. | ||
(7) | This section does not limit— | 35 |
(a) the National Parks Act 1980; or | ||
(b) except as provided for in this section, the Protected Objects Act 1975. | ||
(8) | In this section, chief executive means the chief executive of the Ministry for | |
Culture and Heritage. |
Part 3
Te Mana o Te Iwi o Whanganui—Whanganui Iwi redress
Subpart 1—Hei pounga wai hoe mai nā hō mātua—Crown acknowledgements and apology
Acknowledgements | 5 | |
(1) | The Crown acknowledges through this settlement that Te Awa Tupua is an in- divisible and living whole, comprising the Whanganui River from the moun- tains to the sea, incorporating its tributaries and all its physical and metaphysi- cal elements—“E rere kau mai te Awa nui, mai i te Kāhui Maunga ki Tangar- oa”. | 10 |
(2) | The Crown acknowledges that to Whanganui Iwi the enduring concept of Te Awa Tupua—the inseparability of the people and the River—underpins the re- sponsibilities of the iwi and hapū of Whanganui in relation to the care, protec- tion, management, and use of the Whanganui River in accordance with the ka- wa and tikanga maintained by the descendants of Ruatipua, Paerangi, and Hau- | 15 |
nui-a-Paparangi. | ||
(3) | The Crown acknowledges and respects the intrinsic connection between the iwi and hapū of Whanganui and the Whanganui River reflected in the Whanganui pepeha, “Ko au te awa, ko te awa ko au”. | |
(4) | The Crown acknowledges the importance of the Whanganui River as a source of physical and spiritual sustenance for iwi and hapū of Whanganui, includ- ing— | 20 |
(a) as home for the iwi and hapū of Whanganui, with 143 known marae along the length of the River; and | ||
(b) as a means of travel, trade, and social and cultural connection for the people of the River; and | 25 | |
(c) as a food basket and fishery; and | ||
(d) as a source of rongoā and other resources. | ||
(5) | The Crown acknowledges that the iwi and hapū of Whanganui, over many gen- erations since 1840, have maintained the position that they never willingly or knowingly relinquished their rights and interests in the Whanganui River and have sought to protect and provide for their special relationship with the Whan- ganui River in many ways, including— | 30 |
(a) raising grievances directly with the Crown, including numerous petitions to Parliament beginning in the nineteenth century; and | 35 | |
(b) pursuing legal proceedings regarding the ownership of the bed of the Whanganui River through a succession of courts and a Royal Commis- sion of Inquiry between 1938 and 1962; and |
(c) opposing the establishment and operation of the Tongariro Power Scheme, including litigation relating to the effect of the scheme on the Whanganui River; and
(d) filing claims regarding the Whanganui River in the Waitangi Tribunal.
(6) The Crown acknowledges that it has not adequately dealt with the longstanding 5 grievances of the iwi and hapū of Whanganui in relation to the Whanganui River.
(7) The Crown acknowledges that since 1840 it has assumed control and authority over the Whanganui River. In particular, the Crown acknowledges that it pro-
moted and implemented legislation during the nineteenth and early twentieth 10 centuries that had little or no recognition of Whanganui Iwi interests in the Whanganui River and that had no provision for the involvement of Whanganui
Iwi in the management of the River, including—
(a) the enactment of the Wanganui River Trust Act 1891 and its amend- ments, which empowered the Wanganui River Trust to erect jetties, clear 15 the Whanganui River for navigation purposes, and control and sell river gravel and shingle; and
(b) the enactment of the Coal-mines Act Amendment Act 1903, which deemed the beds of all navigable rivers to “have always been vested in
the Crown” and that all minerals contained within those river beds be- 20 longed to the Crown; and
(c) the acquisition of over 6 700 acres of riparian land owned by Whanganui Iwi along the Whanganui River under the Public Works Act 1908 for scenery preservation purposes.
(8) The Crown acknowledges that it has failed to recognise, respect, and protect 25 the special relationship of the iwi and hapū of Whanganui with the Whanganui River.
(9) The Crown acknowledges that—
(a) from the mid-1880s the Crown started to remove pā tuna and utu piharau
and alter the Whanganui River to enable the passage of steam boats on 30 the River; and
(b) the removal of pā tuna and utu piharau adversely affected an important food source and valuable taonga of Whanganui Iwi; and
(c) Whanganui Iwi opposed the actions of the Wanganui River Trust in rela-
tion to the clearance of the Whanganui River, including the destruction 35 and damage of pā tuna and utu piharau, which led to the conviction of members of Whanganui Iwi who took steps to try to protect their taonga;
and
(d) River clearances contributed to a decline in the exercise of customary fishing practices by the iwi and hapū of Whanganui and an associated 40 loss of mātauranga.
(10) The Crown acknowledges that the Crown and other parties have extracted large amounts of gravel from the bed of the Whanganui River and that the effects of that extraction and the lack of compensation have been a source of grievance for Whanganui Iwi since the late nineteenth century.
(11) The Crown acknowledges that by the middle of the twentieth century the cu- 5 mulative effect of the Crown’s acts and omissions in relation to the Whanganui River had caused significant prejudice to Whanganui Iwi.
(12) The Crown acknowledges that the cumulative effect of these acts and omis- sions amounted to a failure to actively protect the interests of Whanganui Iwi
and was a breach of the Treaty of Waitangi and its principles. 10
(13) The Crown acknowledges that the cumulative effect of its actions and omis- sions undermined the ability of the iwi and hapū of Whanganui to exercise their customary rights and responsibilities in respect of the Whanganui River and consequently the expression of their mana.
(14) The Crown acknowledges that the litigation between 1938 and 1962 relating to 15
the ownership of the bed of the Whanganui River—
(a) was in part a reaction to the Crown’s actions affecting the Whanganui River; and
(b) was required to be framed in terms of English law as a claim for a title to
the riverbed, rather than to the River as an indivisible whole; and 20
(c) resulted in several findings between 1938 and 1954 that Whanganui Iwi had held the bed of the Whanganui River at 1840 under their customs and usages; and
(d) remains one of the longest cases in New Zealand legal history; and
(e) was pursued at significant financial and emotional cost to the hapū and 25
whānau of Whanganui.
(15) The Crown acknowledges that in relation to the creation and establishment of the Tongariro Power Development Scheme—
(a) the Crown was aware of the concerns of Whanganui Iwi in relation to
the scheme; and 30
(b) the Crown failed to consult with Whanganui Iwi; and
(c) the Crown’s failure to consult with Whanganui Iwi was inconsistent with the Crown’s duty to act in good faith towards Whanganui Iwi and was a breach of the Treaty of Waitangi and its principles.
(16) The Crown acknowledges that the diversion of the headwaters of the Whanga- 35 nui River for the Tongariro Power Development scheme—
(a) is considered by Whanganui Iwi to be inconsistent with their tikanga; and
(b) has had an adverse effect on the cultural and spiritual values of Whanga-
nui Iwi; and 40
(c) has caused distress and remains a significant grievance for Whanganui Iwi.
(17) The Crown acknowledges the national importance of the Whanganui River and its contribution to New Zealand’s development through—
(a) its natural, scenic, and conservation value; and 5
(b) its value for recreation and tourism; and
(c) its economic and historical value as the longest navigable river in New Zealand and use as a “highway” during European settlement in the nine- teenth and early twentieth centuries; and
(d) its value as a resource for gravel extraction; and 10
(e) its value as a resource for electricity generation, including the significant contribution it has to the generation and stability of New Zealand’s elec- tricity supply.
(18) The Crown acknowledges that through this settlement Whanganui Iwi have sought to bring all the iwi, hapū, and other communities of the Whanganui Riv- 15 er together for the common purpose of upholding and protecting the mana of
the Whanganui River and its health and well-being for the benefit of future generations and, ultimately, all of New Zealand.
(19) The Crown acknowledges that the approach taken by Whanganui Iwi in respect
of this settlement represents significant compromise and generosity of spirit by 20
Whanganui Iwi and promotes a collaborative, inclusive approach to the Whan- ganui River and its future governance and management with the recognition and protection of Te Awa Tupua at its heart.
The text of the apology offered by the Crown to Whanganui Iwi, as set out in 25
Ruruku Whakatupua—Te Mana o Te Iwi o Whanganui, is as follows:
“(a) The Crown makes this apology in respect of the Whanganui River to the iwi and hapū of Whanganui, their tūpuna, and their uri.
(b) The Crown recognises through this settlement that Te Awa Tupua em- bodies the Whanganui River as an indivisible whole from the mountains 30
to the sea and the inalienable interconnection between the iwi and hapū of Whanganui and the Whanganui River, as expressed in the Whanganui pepeha “E rere kau mai te Awa nui, mai i te Kāhui Maunga ki Tangaroa. Ko au te awa, ko te awa ko au” (“The Great River flows from the moun-
tains to the sea. I am the River and the River is me”). 35
(c) The Crown unreservedly apologises for its actions and omissions that have breached the Treaty of Waitangi and its principles and damaged the special relationship between the iwi and hapū of Whanganui and the Whanganui River.
(d) The Crown deeply regrets that it undermined the ability of Whanganui Iwi to exercise their customary rights and responsibilities in respect of the Whanganui River, and consequently the expression of their mana. The Crown further regrets that this compromised the physical, cultural,
and spiritual well-being of the iwi and hapū of Whanganui Iwi. 5
(e) The Crown recognises that for generations the iwi and hapū of Whanga- nui have tirelessly pursued justice in respect of the Whanganui River. The Crown recognises and sincerely regrets the opportunities it has missed, until now, to adequately address those grievances. Redress,
through this settlement (Ruruku Whakatupua) and the Te Awa Tupua 10
framework (Te Pā Auroa nā Te Awa Tupua), is long overdue.
(f) With this apology the Crown seeks to atone for its past wrongs, and be- gin the process of healing. This settlement marks the beginning of a re- newed and enduring relationship between Whanganui Iwi and the Crown
that has Te Awa Tupua at its centre and is based on mutual trust and co- 15 operation, good faith, and respect for the Treaty of Waitangi and its prin- ciples.”
Subpart 2—Ko au te Awa, ko te Awa ko au—Whanganui Iwi standing
Relationship of Whanganui Iwi and Te Awa Tupua
Relationship between Whanganui Iwi and Te Awa Tupua | 20 | |
(1) | The Crown acknowledges that Whanganui Iwi— | |
(a) have an inalienable interconnection with Te Awa Tupua and its health and well-being; and | ||
(b) have responsibility to Te Awa Tupua in relation to its health and well- being. | 25 | |
(2) | The Crown further acknowledges that— | |
(a) the relationship of Whanganui Iwi and Te Awa Tupua is a taonga of Whanganui Iwi; and | ||
(b) the recognition of Te Awa Tupua is based on the tikanga and mātauranga of Whanganui Iwi; and | 30 | |
(c) Whanganui Iwi have responsibilities as tāngata tiaki in relation to— | ||
(i) the mana and mouri of Te Awa Tupua; and | ||
(ii) the mātauranga that underpins that mana and mouri. |
Status of trustees under other Acts
72 Recognition of interests of trustees for purposes of Resource Management 35
Act 1991
For the purposes of the Resource Management Act 1991, the trustees—
(a) are to be treated as—
(i) an iwi authority; and
(ii) a public authority; and
(b) are entitled to lodge submissions on a matter relating to or affecting the | ||
Whanganui River, if there is a process for lodging submissions in rela- | 5 | |
tion to that matter; and | ||
(c) are entitled to be heard on a matter relating to or affecting the Whanga- | ||
nui River, if a hearing, proceeding, or inquiry is to be held in relation to | ||
that matter; and | ||
(d) are recognised as having an interest in Te Awa Tupua greater than, and | 10 | |
separate from, any interest in common with the public generally. | ||
Application of other Acts to trustees | ||
(1) | For the purposes of Acts other than the Resource Management Act 1991, in re- | |
lation to matters relating to or affecting the Whanganui River, the trustees— | ||
(a) are to be treated as interested persons or a party; and | 15 | |
(b) are entitled to lodge submissions on those matters, if there is a process | ||
for lodging submissions in relation to that matter; and | ||
(c) are entitled to be heard on those matters, if a hearing, proceeding, or | ||
inquiry is to be held in relation to that matter; and | ||
(d) are recognised as having an interest in Te Awa Tupua greater than, and | 20 | |
separate from, any interest in common with the public generally. | ||
(2) | The trustees are to be treated as a public body for the purposes of— | |
(a) clause 30 of Schedule 7 of the Local Government Act 2002; and | ||
(b) the Walking Access Act 2008. | ||
Limits to application of sections 72 and 73 | 25 | |
(1) | Sections 72 and 73 do not provide the trustees with a right to be consulted or notified (including limited notification under the Resource Management Act | |
1991) if the trustees would not otherwise have that right. | ||
(2) | If there is a discretion under the Resource Management Act 1991 or an Act re- ferred to in section 73 for the decision maker to consult or notify the trustees,— | 30 |
(a) that discretion continues despite sections 72 and 73; but | ||
(b) the decision maker must have regard to— | ||
(i) the recognition acknowledged in sections 72(d) and 73(1)(d); and | 35 | |
(ii) the Crown’s acknowledgement set out in section 71. | ||
(3) | Sections 72 and 73 do not— |
(a) limit or remove any procedural requirements applying to the trustees in relation to lodging submissions or giving notice of an intention to be heard; or
(b) prevent any other person, including any iwi or hapū with interests in the Whanganui River, from being recognised as an interested person on mat- 5 ters relating to, or affecting, the Whanganui River; or
(c) recognise mana whenua in relation to the whole or any part of the Whan- ganui River or its catchment; or
(d) bind, compromise, advantage, or disadvantage any other person; or
(e) provide a precedent for any other matter. 10
(4) In subsection (3)(a), procedural requirement—
(a) means a requirement—
(i) to lodge a submission or file a notice of intention to appear or be heard; or
(ii) as to the timing, form, nature of service, or other procedure apply- 15 ing when a submission is lodged or a notice of intention to appear
or be heard is filed; but
(b) does not include a substantive requirement.
Subpart 3—Rangahau e Tāne, miroi e Tāne—Authorised customary
activities 20
In this subpart and Schedule 7,—
authorised customary activity means—
(a) the launching and use, in, on, or over the Whanganui River, of waka and support craft, and the erection and use of temporary associated struc- 25 tures, including barges and temporary jetties, for ceremonial, customary, recreational, educational, and sporting purposes such as—
(i) the annual Te Tira Hoe Waka; and
(ii) tribal games; and
(iii) regattas; and 30
(iv) tangihanga of significance to Whanganui Iwi, including the trans- portation of tūpāpaku (human remains); and
(v) other significant tribal events; and
(b) the collection of river stones, shingle, sand, and pakohe from the Whan- ganui River for customary purposes; and 35
(c) the use of the Whanganui River for customary practices relating to the health and well-being of persons, including bathing, cleansing, baptisms, and other customary practices; and
(d) the installation and use in, on, or over the Whanganui River of pā tuna (eel weirs), utu piharau (lamprey weirs), and other traditional fishing 5 structures for the purpose of revitalising, maintaining, and carrying out customary fishing practices and applying knowledge
conservation legislation means the Conservation Act 1987 and the Acts listed in Schedule 1 of that Act
customary fishing activity means an activity described in paragraph (d) of 10 the definition of authorised customary activity
relevant authority means, as applicable,—
(a) a local authority:
(b) the Minister of Conservation and Director-General in relation to activ-
ities regulated under the Conservation Act 1987, the National Parks Act 15 1980, or the Reserves Act 1977:
(c) the administering body of any reserve under the Reserves Act 1977
river stones activity means an activity described in paragraph (b) of the def- inition of authorised customary activity
tangihanga activity means the waka activity described in paragraph (a)(iv) 20 of the definition of authorised customary activity
traditional fishing structures means the structures described in paragraph
(d) of the definition of authorised customary activity
waka activity means an activity described in paragraph (a) of the definition
of authorised customary activity. 25
Acknowledgement and right to carry out authorised customary activities
Acknowledgement | ||
(1) | The Crown acknowledges that the carrying out of customary activities by | |
Whanganui Iwi is an integral part of the relationship of Whanganui Iwi with | ||
the Whanganui River. | 30 | |
(2) | All persons exercising or performing functions and powers under the Resource | |
Management Act 1991 must recognise and provide for the acknowledgement | ||
given in subsection (1). | ||
Authorisation | ||
(1) | Members of Whanganui Iwi may carry out authorised customary activities on | 35 |
the Whanganui River, subject to the requirements of this subpart and Sched- ule 7. | ||
(2) | Subsection (1) applies despite— |
(a) sections 9 to 17 of the Resource Management Act 1991; and
(b) any rule in a regional plan or district plan; and
(c) any requirement for a permit or an authorisation under the Conservation Act 1987, the National Parks Act 1980, or the Reserves Act 1977, unless
section 81(1)(c) applies; and 5
(d) any navigational bylaw; and
(e) the requirement for a permit or an authorisation under any other enact- ment, except to the extent that section 81 applies.
Development and application of protocols and processes | ||
(1) | The trustees must, in consultation with the iwi and hapū with interests in the Whanganui River, develop appropriate protocols and processes in relation to— | 10 |
(a) the parts of the Whanganui River where an authorised customary activity may be carried out; and | ||
(b) who is permitted to carry out an authorised customary activity; and | ||
(c) any conditions to apply to carrying out an authorised customary activity, including the terms on which the activity may be limited or suspended in whole or in part. | 15 | |
(2) | An authorised customary activity must be carried out in accordance with— | |
(a) the protocols and processes that apply to that activity; and | ||
(b) the criteria referred to in section 79. | 20 |
Requirements to be met before certain activities may be carried out | ||
(1) | The requirements set out in this section must be met before the following | |
authorised customary activities may be carried out: | ||
(a) a river stones activity: | 25 | |
(b) a customary fishing activity. | ||
(2) | For a river stones activity that is to be carried out on or over any part of the | |
Whanganui River that is administered under conservation legislation, the trustees and the Director-General must develop under section 78, and agree, the criteria that must be met before the activity may be carried out. | 30 | |
(3) | For a customary fishing activity,— | |
(a) the trustees, the Director-General, and any other relevant officer of the | ||
Crown must, in consultation with the relevant local authorities, develop under section 78, and agree, the criteria that must be met before the ac- tivity may be carried out on or over the Whanganui River; and | 35 | |
(b) if the activity is to be carried out on or over any part of the Whanganui | ||
River that is administered under conservation legislation, the trustees |
and the Director-General must consider whether any further criteria are needed in respect of the activity.
(4) The criteria developed and agreed under this section may—
(a) specify the parts of the Whanganui River where an authorised customary activity may be carried out: 5
(b) include any conditions for carrying out an authorised customary activity, including the terms on which it may be limited or suspended in whole or in part:
(c) be varied by agreement of the trustees and the persons responsible for developing and agreeing the criteria. 10
Savings, application, and exemption provisions
The right of members of Whanganui Iwi to carry out authorised customary ac- tivities under this subpart—
(a) does not prevent or constrain members of Whanganui Iwi from continu- 15 ing to carry out customary activities that they are, immediately before
the settlement date, entitled to carry out without a permit or an authorisa- tion under any legislation:
(b) does not affect the carrying out of customary activities by any other iwi
with interests in the Whanganui River. 20
Application of other legislation | ||
(1) | A customary fishing activity may only be carried out, as the case may re- | |
quire,— | ||
(a) with the relevant authorisation under the Fisheries (Kaimoana Custom- | ||
ary Fishing) Regulations 1998: | 25 | |
(b) under any equivalent mechanism under the Fisheries Act 1996 devel- oped under section 67 to provide for customary food gathering: | ||
(c) in accordance with the conservation legislation, in the case of native fish | ||
species taken from an area administered under the conservation legis- | ||
lation. | 30 | |
(2) | A recognition agreement or a protected customary rights order granted under | |
the Marine and Coastal Area (Takutai Moana) Act 2011 must be in force before | ||
any authorised customary activity may be carried out in the common marine and coastal area under section 77. | ||
(3) | Nothing in this subpart affects the obligation of any person to comply with the | 35 |
relevant legislation in relation to— | ||
(a) the health and safety of persons; and | ||
(b) the safety of the structures to which this subpart relates. |
(4) In this section, common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011.
Subpart 4—Te Riu Māeneene—Other cultural redress
Ngā Ripo o Te Awa o Whanganui—Significance of rapids
82 Acknowledgement of statement of Whanganui Iwi 5
The Crown recognises the statement set out in Schedule 8 on the importance of Ngā Ripo o Whanganui (the rapids of the Whanganui River) to Whanganui Iwi.
Interpretation | 10 | |
In sections 84 to 86,— | ||
Act means the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) | ||
Act 2008 | ||
Board has the meaning given in section 4 of the Act | ||
official geographic name has the meaning given in section 4 of the Act. | 15 | |
Official geographic names | ||
(1) | The names specified in the second column of the table in clause 8.2 of Ruruku | |
Whakatupua—Te Mana o Te Iwi o Whanganui are the official geographic | ||
names of the streams formerly known by the names in the first column of that | ||
table. | 20 | |
(2) | Each official geographic name is to be treated as if it were an official geograph- | |
ic name that takes effect on the settlement date by virtue of a determination of | ||
the Board made under section 19 of the Act. | ||
Publication of official geographic names | ||
(1) | The Board must, as soon as practicable after the settlement date, give public | 25 |
notice, in accordance with section 21(2) and (3) of the Act, of each official geographic name specified under section 84. | ||
(2) | The notices must state that each official geographic name became an official | |
geographic name on the settlement date. | ||
Subsequent alteration of official geographic names | 30 | |
(1) | In making a determination to alter the official geographic name of the streams | |
to which this subpart applies, the Board— | ||
(a) need not comply with section 16, 17, 18, 19(1), or 20 of the Act; but | ||
(b) must have the written consent of the trustees. |
(2) | To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3) of the Act. Part 4 Tatā Whakairoiro—Settlement of historical claims and other | |
matters | 5 | |
Historical claims settled and jurisdiction of courts, etc, removed | ||
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 | 10 | |
respect of those claims. | ||
(3) | Subsections (1) and (2) do not limit the deed of settlement. | |
(4) | Despite any other enactment or rule of law, on and from the settlement date, no | |
court, tribunal, or other judicial body has jurisdiction (including the jurisdiction | ||
to inquire or further inquire, or to make a finding or recommendation) in re- | 15 | |
spect of— | ||
(a) the historical claims; or | ||
(b) the deed of settlement; or | ||
(c) this Act; or | ||
(d) the redress provided under the deed of settlement or this Act. | 20 | |
(5) | Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of | |
settlement or this Act. |
Amendment to Treaty of Waitangi Act 1975
Amendment to Treaty of Waitangi Act 1975 | 25 | |||
(1) | This section amends the Treaty of Waitangi Act 1975. | |||
(2) | In Schedule 3, insert in its appropriate alphabetical order: | |||
Te Awa Tupua (Whanganui River Claims Settlement) 87(4) and (5) | Act | 2016, section |
Certain enactments no longer apply 30
89 Certain enactments do not apply
(1) The enactments listed in subsection (2) do not apply—
(a) to the Crown-owned parts of the bed of the Whanganui River vested in Te Awa Tupua by section 41(1); or
(b) to land transferred to or vested in Te Awa Tupua under section 48(2) or 49(1) on and from the date of the transfer or vesting; or
(c) to land vested in Te Awa Tupua by section 53(3) or 55(3)(a) on and from the date of the vesting.
(2) The enactments are— 5
(a) Part 3 of the Crown Forest Assets Act 1989:
(b) sections 211 to 213 of the Education Act 1989:
(c) Part 3 of the New Zealand Railways Corporation Restructuring Act 1990:
(d) sections 27A to 27C of the State-Owned Enterprises Act 1986: 10
(e) sections 8A to 8HJ of the Treaty of Waitangi Act 1975.
(3) This section overrides the other sections of this Act.
Rule against perpetuities does not apply | ||
(1) | The rule against perpetuities and the provisions of the Perpetuities Act 1964— | 15 |
(a) do not prescribe or restrict the period during which— | ||
(i) Ngā Tāngata Tiaki o Whanganui may exist in law; or | ||
(ii) the trustees may hold or deal with property or income derived from property; and | ||
(b) do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the docu- ment, invalid or ineffective. | 20 | |
(2) | However, if Ngā Tāngata Tiaki o Whanganui is, or becomes, a charitable trust, the application (if any) of the rule against perpetuities or of any provision of the Perpetuities Act 1964 to that trust must be determined under the general law. | 25 |
Access to deed of settlement | ||
The chief executive of the Ministry of Justice must make copies of the deed of settlement available— | 30 | |
(a) for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and | ||
(b) free of charge on an Internet site maintained by or on behalf of the Min- istry of Justice. | 35 |
Part 5
Te Hoeroa––Governance reorganisation and transitional taxation matters
Subpart 1—Governance reorganisation
Interpretation | 5 | |
(1) | In this Part,— | |
assets means assets of any kind, whether real or personal property, money, | ||
rights, or interests | ||
exempt income has the meaning given in section YA 1 of the Income Tax Act | ||
2007 | 10 | |
liabilities includes debts, charges, duties, and other obligations, whether | ||
present, future, actual, contingent, payable, or to be observed or performed in | ||
New Zealand or elsewhere | ||
Pakaitore Trust means the whenua tōpū trust of that name established by an | ||
order of the Maori Land Court dated 28 February 2007, as amended by an | 15 | |
order of the Maori Land Court dated 21 July 2009 | ||
subsidiary means Whanganui Iwi Fisheries Limited, a subsidiary of Te Whir- | ||
inga Muka Trust immediately before the commencement of this Act | ||
taxable income has the meaning given in section YA 1 of the Income Tax Act | ||
2007 | 20 | |
Te Whiringa Muka Trust means the trust of that name established by a trust | ||
deed dated 1 October 2006 | ||
transferred employee means a person to whom section 111 applies | ||
Whanganui Iwi trusts means— | ||
(a) Whanganui River Maori Trust Board: | 25 | |
(b) Te Whiringa Muka Trust, including its trustees: | ||
(c) Pakaitore Trust, including its trustees | ||
Whanganui River Maori Trust Board means the Maori Trust Board constitu- | ||
ted by section 4 of the Whanganui River Trust Board Act 1988. | ||
(2) | In this subpart, a reference to any trustees is to those trustees acting in their | 30 |
capacity as trustees. | ||
(3) | In this subpart and subpart 2, unless the context otherwise requires, terms used and not defined in those subparts, but defined in— | |
(a) the Maori Fisheries Act 2004, have the meanings given in that Act: | ||
(b) the Inland Revenue Acts, have the meanings given in those Acts. | 35 |
Dissolution of Maori Trust Board
Dissolution of Maori Trust Board | ||
(1) | On the commencement of this Act,— | |
(a) the Whanganui River Maori Trust Board is dissolved; and | ||
(b) the term of office of each member of the Maori Trust Board expires; and | 5 | |
(c) proceedings by or against the Maori Trust Board may be continued, completed, or enforced by or against the trustees of Ngā Tāngata Tiaki o Whanganui as if they were the Maori Trust Board (without amendment to the proceedings). | ||
(2) | A person holding office as a member of the Maori Trust Board immediately be- fore the commencement of this Act is not entitled to compensation as a result of the expiry under this section of his or her term of office. | 10 |
Vesting of assets and liabilities of Maori Trust Board | ||
(1) | On the commencement of this Act, the assets and liabilities of the Whanganui River Maori Trust Board vest in the trustees of Ngā Tāngata Tiaki o Whanga- nui and become the assets and liabilities of the trustees. | 15 |
(2) | On vesting, the assets and liabilities become— | |
(a) freed of any charitable trusts subject to which they were owned or held by the Maori Trust Board; and | ||
(b) subject to the trusts expressed in the deed of trust for Ngā Tāngata Tiaki o Whanganui. | 20 | |
(3) | In this section, assets and liabilities means the assets and liabilities owned, controlled, or held, wholly or in part, by the Maori Trust Board immediately before the commencement of this Act. | |
Final report of Maori Trust Board | 25 | |
(1) | As soon as practicable after the commencement of this Act, the trustees of Ngā Tāngata Tiaki o Whanganui must prepare a final report as if it were an annual report required by section 31 of the Maori Trust Boards Act 1955 for the Whanganui River Maori Trust Board. | |
(2) | The final report must show the financial results of the Maori Trust Board’s af- fairs during the period starting on the day after the last day covered by the pre- vious annual report and ending on the day before the commencement of this Act. | 30 |
(3) | As soon as practicable after the final report is completed, the trustees of Ngā Tāngata Tiaki o Whanganui must provide it to the Minister for Māori Develop- ment, who must present it to the House of Representatives as soon as practic- able after receiving it. | 35 |
Dissolution of Te Whiringa Muka Trust
Dissolution of Te Whiringa Muka Trust | ||
On the commencement of this Act, Te Whiringa Muka Trust is dissolved. | ||
Vesting of assets and liabilities of Te Whiringa Muka Trust | ||
(1) | On the commencement of this Act, the assets and liabilities of the trustees of Te | 5 |
Whiringa Muka Trust vest in the trustees of Ngā Tāngata Tiaki o Whanganui | ||
and become the assets and liabilities of the trustees. | ||
(2) | On vesting, the assets and liabilities become— | |
(a) freed of any charitable trusts subject to which they were owned or held | ||
by Te Whiringa Muka Trust; and | 10 | |
(b) subject to the trusts expressed in the deed of trust for Ngā Tāngata Tiaki | ||
o Whanganui. | ||
(3) | In this section, assets and liabilities means the assets and liabilities owned, | |
controlled, or held, wholly or in part, by the trustees of Te Whiringa Muka | ||
Trust immediately before the commencement of this Act. | 15 | |
(4) | To avoid doubt, the assets and liabilities of the subsidiary continue to be the | |
assets and liabilities of the subsidiary. | ||
Assets and liabilities of subsidiary freed of charitable purposes | ||
(1) | Subsection (2) applies to any asset or liability of the subsidiary that, immedi- ately before the commencement of this Act, is held subject to any charitable | 20 |
purposes. | ||
(2) | On the commencement of this Act,— | |
(a) the asset or liability is freed of those charitable purposes; and | ||
(b) the constitution of the subsidiary is deemed to have been amended as necessary to give effect to paragraph (a). | 25 | |
(3) | If, on the commencement of this Act, the subsidiary is a tax charity for the pur- | |
poses of the Inland Revenue Acts, the subsidiary ceases to be a tax charity at | ||
that time. | ||
(4) | To avoid doubt, nothing in this section has the effect, of itself, of causing the | |
subsidiary to be a different person for the purposes of the Inland Revenue Acts. | 30 |
Dissolution of Pakaitore Trust
99 Dissolution of Pakaitore Trust
On the commencement of this Act, the Pakaitore Trust is dissolved as if it were terminated under section 241 of Te Ture Whenua Maori Act 1993.
Vesting of assets and liabilities of Pakaitore Trust | ||
(1) | On the commencement of this Act, the assets and liabilities of the trustees of the Pakaitore Trust vest in the trustees of Ngā Tāngata Tiaki o Whanganui and become the assets and liabilities of the trustees. | |
(2) | On vesting, the assets and liabilities become— | 5 |
(a) freed of any charitable trusts subject to which they were owned or held by the Pakaitore Trust; and | ||
(b) subject to the trusts expressed in the deed of trust for Ngā Tāngata Tiaki o Whanganui. | ||
(3) | In this section, assets and liabilities means the assets and liabilities owned, controlled, or held, wholly or in part, by the trustees of the Pakaitore Trust im- mediately before the commencement of this Act. | 10 |
Ngā Tāngata Tiaki o Whanganui becomes mandated iwi organisation
101 Recognition of new mandated iwi organisation
(1) On and from the commencement of this Act,— 15
(a) Ngā Tāngata Tiaki o Whanganui is the mandated iwi organisation for Whanganui Iwi (listed as Te Atihaunui a Paparangi in Schedule 3 of the Maori Fisheries Act 2004), in place of Te Whiringa Muka Trust, as if Ngā Tāngata Tiaki o Whanganui were recognised as the mandated iwi
organisation under section 13(1) of that Act; and 20
(b) the subsidiary is the asset-holding company of Ngā Tāngata Tiaki o Whanganui.
(2) However, any reference in the Maori Fisheries Act 2004 to the date on which the mandated iwi organisation is recognised must be treated as a reference to
the date on which the iwi’s first mandated iwi organisation was recognised. 25
(3) To avoid doubt, on and from the commencement of this Act, Ngā Tāngata Tia- ki o Whanganui must—
(a) meet the criteria in section 14 of the Maori Fisheries Act 2004 for con- tinuing recognition as a mandated iwi organisation; and
(b) satisfy section 12(1)(d) of the Maori Fisheries Act 2004. 30
Temporary treatment of constitutional documents | ||
(1) | This section applies only if the constitutional documents of Ngā Tāngata Tiaki | |
o Whanganui or the subsidiary did not comply with the Maori Fisheries Act | ||
2004 immediately before the commencement of this Act, and applies only to | ||
whichever documents did not comply. | 35 | |
(2) | Subsection (3) applies to the constitutional documents during the period (transition period) that— | |
(a) starts on the commencement of this Act; and |
(3) | (b) ends 2 years later, or when the constitutional documents have been amended to comply with the Maori Fisheries Act 2004 (if earlier than 2 years later). The constitutional documents must be treated as if they comply with the Maori | |
Fisheries Act 2004. | 5 | |
(4) | Subsection (5) applies to any approval or ratification of the constitutional documents under section 17(2) of the Maori Fisheries Act 2004 given before | |
the commencement of this Act or during the transition period. | ||
(5) | The approval or ratification must be treated as if, when given, the constitutional | |
documents complied with the Maori Fisheries Act 2004. | 10 | |
Certain effects of recognition of new mandated iwi organisation | ||
On and from the commencement of this Act,— | ||
(a) any registered coastline entitlement held by Te Whiringa Muka Trust im- | ||
mediately before the commencement of this Act is to be treated as a | ||
registered coastline entitlement held by Ngā Tāngata Tiaki o Whanga- | 15 | |
nui; and | ||
(b) any coastline claim, agreement, or written statement of Te Whiringa Mu- | ||
ka Trust made under Part 1 of Schedule 6 of the Maori Fisheries Act | ||
2004 before the commencement of this Act is to be treated as a coastline | ||
claim, agreement, or written statement of Ngā Tāngata Tiaki o Whanga- | 20 | |
nui. | ||
Functions of Te Ohu Kai Moana Trustee Limited | ||
Te Ohu Kai Moana Trustee Limited must, in accordance with the Maori Fisher- | ||
ies Act 2004 (with any necessary modifications), take all actions required to provide administratively for the matters set out in sections 101(1) and 103, | 25 | |
including making the appropriate changes to the iwi register. |
General matters relating to dissolution of Whanganui Iwi trusts
105 Matters not affected by transfer
Nothing given effect to or authorised by this subpart—
(a) places any person in breach of a contract or confidence, or makes any 30 person guilty of a civil wrong; or
(b) gives rise to a right for any person to terminate or cancel any contract or arrangement, to accelerate the performance of an obligation, to impose a penalty, or to increase a charge; or
(c) places any person in breach of an enactment, rule of law, or contract that 35 prohibits, restricts, or regulates the assignment or transfer of an asset or a liability or the disclosure of information; or
(d) releases a trustee of a Whanganui Iwi trust from any personal liability for which the trustee would not be entitled to be indemnified from the assets of the trust or of Ngā Tāngata Tiaki o Whanganui; or | ||
(e) releases a surety, wholly or in part, from an obligation; or | ||
(f) invalidates or discharges a contract. | 5 | |
Status of existing instruments | ||
(1) | The trustees of Ngā Tāngata Tiaki o Whanganui are to be treated as if they were the Whanganui Iwi trust under any existing instrument— | |
(a) to which a Whanganui Iwi trust was a party; or | ||
(b) that a Whanganui Iwi trust gave, received, or was to give or receive. | 10 | |
(2) | An express or implied reference to a Whanganui Iwi trust in an existing instru- ment or in a register must be read as a reference to the trustees of Ngā Tāngata Tiaki o Whanganui unless the context otherwise requires. | |
(3) | In this section, existing instrument means any agreement, deed, undertaking, application, notice, instrument recording an interest in land, or other document in effect immediately before the commencement of this Act. | 15 |
Status of existing securities | ||
(1) | A security held by a Whanganui Iwi trust as security for a debt or other liability to the Whanganui Iwi trust incurred before the commencement of this Act— | |
(a) is available to the trustees of Ngā Tāngata Tiaki o Whanganui as security for the discharge of that debt or liability; and | 20 | |
(b) if the security extends to future or prospective debts or liabilities, is available as security for the discharge of debts or liabilities to the trustees of Ngā Tāngata Tiaki o Whanganui incurred on or after the com- mencement of this Act. | 25 | |
(2) | The trustees of Ngā Tāngata Tiaki o Whanganui are entitled to the same rights and priorities, and subject to the same liabilities, in relation to the security as the relevant Whanganui Iwi trust would be if this Act had not been passed. | |
Books and documents to remain evidence | ||
(1) | A document, matter, or thing that would have been admissible in evidence for or against a Whanganui Iwi trust is, on and after the commencement of this Act, admissible in evidence for or against the trustees of Ngā Tāngata Tiaki o Whanganui. | 30 |
(2) | In this section, document has the meaning given in section 4(1) of the Evi- dence Act 2006. | 35 |
Removal of Whanganui Iwi trusts and subsidiary from register of | ||
charitable entities | ||
(1) | The Whanganui Iwi trusts and the subsidiary must be removed, under section | |
31 of the Charities Act 2005, from the register of charitable entities with effect | ||
on and from the commencement of this Act. | 5 | |
(2) | This section applies despite anything else in the Charities Act 2005. | |
Other registers | ||
(1) | The Registrar-General or any other person charged with keeping books or | |
registers is not required to change the name of a Whanganui Iwi trust to the | ||
names of the trustees of Ngā Tāngata Tiaki o Whanganui in the books or regis- | 10 | |
ters or in a document solely because of the other provisions of this subpart. | ||
(2) | If the trustees of Ngā Tāngata Tiaki o Whanganui present an instrument to a | |
registrar or other person, the presentation of that instrument is, in the absence | ||
of evidence to the contrary, sufficient proof that the property is vested in the | ||
trustees, as specified in the instrument. | 15 | |
(3) | For the purposes of subsection (2), the instrument need not be an instrument of transfer, but must— | |
(a) be executed or purport to be executed by the trustees of Ngā Tāngata | ||
Tiaki o Whanganui; and | ||
(b) relate to assets or liabilities owned, controlled, or held, wholly or in part, | 20 | |
by a Whanganui Iwi trust immediately before the commencement of this | ||
Act; and | ||
(c) be accompanied by a certificate given by the trustees of Ngā Tāngata | ||
Tiaki o Whanganui or their solicitor stating that the property was vested | ||
in the trustees by or under this Act. | 25 |
Employees of Whanganui Iwi trusts
Transfer of employees | ||
On the commencement of this Act, each employee of a Whanganui Iwi trust ceases to be an employee of that trust and becomes an employee of the trustees of Ngā Tāngata Tiaki o Whanganui. | 30 | |
Protection of terms and conditions of employment | ||
(1) | The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to him or her immediately before the commencement of this Act. | |
(2) | Subsection (1)— | 35 |
(a) continues to apply to the terms and conditions of employment of a trans- ferred employee until the terms and conditions are varied by agreement |
between the transferred employee and the trustees of Ngā Tāngata Tiaki o Whanganui; and
(b) does not apply to a transferred employee who accepts any subsequent appointment with the trustees of Ngā Tāngata Tiaki o Whanganui.
113 Continuity of employment 5
For the purposes of any enactment, rule of law, determination, contract, or agreement relating to the employment of a transferred employee, the transfer of the person’s employment from a Whanganui Iwi trust to the trustees of Ngā Tāngata Tiaki o Whanganui does not, of itself, break the employment of that
person, and the period of his or her employment by the Whanganui Iwi trust is 10
to be regarded as having been a period of service with the trustees of Ngā Tān- gata Tiaki o Whanganui.
114 No compensation for technical redundancy
A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that— 15
(a) the position held by the employee with a Whanganui Iwi trust has ceased to exist; or
(b) the employee has ceased, as a result of his or her transfer to the trustees of Ngā Tāngata Tiaki o Whanganui, to be an employee of a Whanganui
Iwi trust. 20
Subpart 2—Transitional taxation provisions for governance reorganisation
115 Application of this subpart
This subpart applies, by virtue of the reorganisation of the governance of Whanganui Iwi under subpart 1, for the purposes of the Inland Revenue Acts. 25
116 Taxation in respect of transfer of assets and liabilities of Whanganui Iwi trusts
(1) On and from the date on which the assets and liabilities of the Whanganui Iwi trusts vest in the trustees of Ngā Tāngata Tiaki o Whanganui under subpart
1,— 30
(a) the trustees of Ngā Tāngata Tiaki o Whanganui are deemed to be the same person as each of the Whanganui Iwi trusts; and
(b) everything done by a Whanganui Iwi trust before that date is deemed to have been done by the trustees of Ngā Tāngata Tiaki o Whanganui on
the date that it was done by the Whanganui Iwi trust. 35
(2) Income derived or expenditure incurred by a Whanganui Iwi trust before the assets and liabilities vest in the trustees of Ngā Tāngata Tiaki o Whanganui
does not become income derived or expenditure incurred by the trustees just because the assets and liabilities vest in the trustees under subpart 1.
(3) If income of a Whanganui Iwi trust is derived from a financial arrangement, trading stock, revenue account property, or depreciable property and is exempt income of the Whanganui Iwi trust, but is not exempt income of the trustees of 5 Ngā Tāngata Tiaki o Whanganui, the trustees are to be treated as having ac- quired the financial arrangement, trading stock, revenue account property, or depreciable property—
(a) on the day that it becomes the trustees’ property; and
(b) for a consideration that is its market value on that day. 10
(4) The trustees of Ngā Tāngata Tiaki o Whanganui must identify the undistributed charitable amount, meaning the sum of the 3 amounts calculated by applying the following formula to each Whanganui Iwi trust:
a – b
where— 15
a is the total of the amounts derived by a Whanganui Iwi trust that, but for the application of sections CW 41 and CW 42 of the Income Tax Act 2007, would have been taxable income derived by the Whanganui Iwi trust before the commencement of this Act
b is the total of the amounts described in item a that have been distributed 20
before the commencement of this Act.
(5) The undistributed charitable amount described in subsection (4) is excluded from the corpus of Ngā Tāngata Tiaki o Whanganui for the purposes of the In- come Tax Act 2007, to the extent to which it would be included but for this
subsection. 25
(6) If the trustees of Ngā Tāngata Tiaki o Whanganui distribute any of the undis- tributed charitable amount to a person, that amount is treated as beneficiary in- come for the purposes of the Income Tax Act 2007, unless subsection (7) applies.
(7) If the trustees of Ngā Tāngata Tiaki o Whanganui distribute any of the undis- 30 tributed charitable amount for a charitable purpose, the distribution is exempt income of the recipient.
Election by trustees to be Maori authority
Election by trustees to be Maori authority | ||
(1) | If the trustees of Ngā Tāngata Tiaki o Whanganui are a Maori authority (having | 35 |
made an election under section HF 11 of the Income Tax Act 2007), to the ex- tent that the undistributed charitable amount referred to in section 116(4) is distributed in an income year, that distribution will be— | ||
(a) exempt income if the distribution is applied for a charitable purpose; or |
(b) a taxable Maori authority distribution.
(2) If this section applies, the distribution must be disregarded for the purposes of section HF 8 of the Income Tax Act 2007.
Taxation in respect of assets and liabilities of subsidiary | 5 | ||
(1) | This section applies if income of the subsidiary is derived from a financial ar- | ||
rangement, trading stock, revenue account property, or depreciable property | |||
and is exempt income of the subsidiary before the commencement of this Act | |||
and ceases to be exempt income as a result of the application of section 98. | |||
(2) | The subsidiary is to be treated as having acquired the financial arrangement, | 10 | |
trading stock, revenue account property, or depreciable property for a consider- | |||
ation that is its market value on the commencement of this Act. | |||
Election by subsidiary to be Maori authority | |||
(1) | This section applies if the subsidiary— | ||
(a) is a Maori authority (having made an election under section HF 11 of the | 15 | ||
Income Tax Act 2007); and | |||
(b) when the election was made, had an undistributed charitable amount | |||
arising from income that was exempt income under sections CW 41 and | |||
CW 42 of that Act when the income was derived. | |||
(2) | The undistributed charitable amount must be calculated on the date when the | 20 | |
subsidiary ceases to be a tax charity under section 98(3). | |||
(3) | A distribution of the undistributed charitable amount by the subsidiary after its | ||
election to be a Māori authority is— | |||
(a) a distribution from exempt income of the subsidiary if the distribution is | |||
for a charitable purpose; or | 25 | ||
(b) if paragraph (a) does not apply, a taxable Māori authority distribution. | |||
(4) | A distribution that is a taxable Māori authority distribution under subsection (3)(b) must be disregarded for the purposes of section HF 8 of the Income Tax | ||
Act 2007. | |||
30 | |||
Repeal of Whanganui River Trust Board Act 1988 | |||
The Whanganui River Trust Board Act 1988 (1988 No 230) is repealed. | |||
Revocation of orders | |||
The following orders are revoked: | |||
(a) | Whanganui River Māori Trust Board Order 2009 (SR 2009/13): | 35 | |
(b) | Whanganui River Māori Trust Board Order 2012 (SR 2012/169). |
Amendment to Conservation Act 1987 | ||
(1) | This section consequentially amends the Conservation Act 1987. | |
(2) | In section 6P(7)(b), replace “Whanganui River Maori Trust Board” with | |
“trustees of Ngā Tāngata Tiaki o Whanganui (as defined by section 7 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2016)”. | 5 | |
Amendment to National Parks Act 1980 | ||
(1) | This section consequentially amends the National Parks Act 1980. | |
(2) | In section 30(2)(b), replace “Whanganui River Maori Trust Board” with | |
“trustees of Ngā Tāngata Tiaki o Whanganui (as defined by section 7 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2016)”. | 10 | |
Amendment to Public Audit Act 2001 | ||
(1) | This section consequentially amends the Public Audit Act 2001. | |
(2) | In Schedule 2, insert in its appropriate alphabetical order: | |
Te Pou Tupua, as defined in section 7 of the Te Awa Tupua (Whanganui Riv- er Claims Settlement) Act 2016 | 15 | |
Amendment to Electoral (Iwi Organisation and Other Māori | ||
Organisation) Regulations 2012 | ||
(1) | This section consequentially amends the Electoral (Iwi Organisation and Other | |
Māori Organisation) Regulations 2012. | ||
(2) | In the Schedule, revoke the items relating to— | 20 |
(a) Te Whiringa Muka Trust:
(b) Whanganui River Māori Trust Board.
(3) | In the Schedule, insert in its appropriate alphabetical order: Ngā Tāngata Tiaki o Whanganui | |
Amendment to Maori Trust Boards Regulations 1985 | 25 | |
(1) | This section consequentially amends the Maori Trust Boards Regulations 1985. | |
(2) | In Schedule 2, revoke the item relating to the Whanganui River Maori Trust Board. |
Whanganui | ||
ss 7, 8 | ||
1 Hapū of Whanganui Iwi The hapū of Whanganui Iwi include— | 5 | |
(a) Ngā Paerangi: (b) Ngā Poutama: (c) Ngāti Hau: (d) Ngāti Hāua: (e) Ngāti Kura: | 10 | |
(f) Ngāti Pāmoana: (g) Ngāti Patutokotoko/Ngāti Peketuroa: (h) Ngāti Rangi: (i) Ngāti Ruakā: (j) Ngāti Tuera: | 15 | |
(k) Ngāti Tupoho: (l) Ngāti Uenuku. | ||
2 Tūpuna rohe groups of Whanganui Iwi | ||
The tūpuna rohe groups of Whanganui Iwi include— | ||
(a) Hinengakau: | 20 | |
(b) Tamaupoko: | ||
(c) Tupoho: | ||
(d) Tamahaki: | ||
(e) Uenuku. |
3 Iwi that are not Whanganui Iwi 25
Whanganui Iwi do not include—
(a) Ngā Rauru Kītahi:
(b) Ngāti Apa (North Island):
(c) Ngāti Tuwharetoa (including Ngāti Hikairo, Ngāti Manunui, and Ngāti Hinemihi): 30
(d) Ngāti Maniapoto:
(e) Ngāti Maru (Taranaki):
(f) Ngāti Rereahu:
(g) Ngāti Ruanui.
4 Explanatory note
(1AA) This schedule identifies the groups that fall within the meaning of the term Whanganui Iwi for the purposes of this Act.
(1) The hapū listed in clause 1are the hapū included on the list that was presented
by Hekenui Whakarake to the Royal Commission of Inquiry into the Bed of the 5 Whanganui River in 1950.
(1) The hapū listed in clause 1 are those that were included on the list that was presented by Hekenui Whakarake to the Royal Commission of Inquiry into the Bed of the Whanganui River in 1950. While the term hapū was used by Heke-
nui Whakarake, the listed groups may also each consider themselves as iwi. 10
(2) The list is not exhaustive; it reflects only the hapū that were active in those pro- ceedings and highlights the connections between the hapū and tūpuna rohe among the hapū that are affiliated to Whanganui Iwi. Other hapū of Whanganui are not excluded groups not expressly identified in the proceedings, such as
Ngāti Tamahaki, also fall within the meaning of Whanganui Iwi for the pur- 15 poses of this Act.
Schedule 2
Acts referred to in sections 15 and 37
1 Acts to which section 15(2) refers
ss 15, 37
Section 15(2) applies to the following Acts: 5
(a) Biosecurity Act 1993:
(b) Conservation Act 1987:
(c) Fisheries Act 1996:
(d) Forests Act 1949:
(e) Freedom Camping Act 2011: 10
(f) Harbour Boards Dry Land Endowment Revesting Act 1991:
(g) Land Drainage Act 1908:
(h) Local Government Act 1974:
(i) Local Government Act 2002:
(j) Marine and Coastal Area (Takutai Moana) Act 2011: 15
(k) Marine Mammals Protection Act 1978:
(l) Marine Reserves Act 1971:
(m) Maritime Transport Act 1994:
(n) National Parks Act 1980:
(o) Native Plants Protection Act 1934: 20
(p) New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008:
(q) Queen Elizabeth the Second National Trust Act 1977:
(r) Reserves Act 1977:
(s) Resource Management Act 1991 (in relation to preparing or changing a 25
regional policy statement, regional plan, or district plan):
(t) River Boards Act 1908:
(u) Soil Conservation and Rivers Control Act 1941:
(v) Trade in Endangered Species Act 1989:
(w) Walking Access Act 2008: 30
(x) Wild Animal Control Act 1977:
(y) Wildlife Act 1953.
2 Acts to which section 15(3) refers
Section 15(3) applies to the following Acts:
(a) Heritage New Zealand Pouhere Taonga Act 2014:
(b) Public Works Act 1981:
(c) Resource Management Act 1991, to the extent that it is not within
clause 1(s).
Schedule 3
Administrative matters relating to Te Pou Tupua and Te Karewao
ss 20, 27
Part 1 | ||
Te Pou Tupua | 5 | |
Appointments | ||
1 | Term of appointment and termination | |
(1) | The persons appointed to Te Pou Tupua are appointed for a term of 3 years. | |
(2) | A person appointed to Te Pou Tupua— | |
(a) may be removed with the agreement of the nominators and by written | 10 | |
notice to the person: | ||
(b) may resign by giving written notice to the nominators: | ||
(c) may be reappointed. | ||
2 | Vacancies | |
(1) | If a member of Te Pou Tupua resigns or is removed, or a vacancy arises for any | 15 |
other reason, the nominators must, as soon as is reasonably practicable, appoint | ||
a person to replace that member for the remainder of the term of the member being replaced in accordance with the requirements of section 20. | ||
(2) | If a vacancy occurs, leaving only 1 person as a member of Te Pou Tupua, that | |
member may, in exceptional circumstances, act as Te Pou Tupua until the va- | 20 | |
cancy is filled. | ||
(3) | If subclause (2) applies, the remaining member must,— | |
(a) if it is reasonably practicable to do so, inform the nominators that the | ||
person intends to act as Te Pou Tupua; and | ||
(b) as soon as is reasonably practicable after acting, inform the nominators | 25 | |
of the circumstances and the nature of the action taken. | ||
(4) | If 1 member is unable to act in relation to a particular matter or for a limited | |
time, the other member— | ||
(a) may act as Te Pou Tupua; and | ||
(b) must, if it is reasonably practicable to do so, inform the nominators of | 30 | |
the intention to act; and | ||
(c) must, as soon as is reasonably practicable after acting, inform the nomi- | ||
nators of the circumstances and the nature of the action taken under this | ||
subclause. |
3 Fees
The nominators must agree and set the fees (if any) to be paid to each member of Te Pou Tupua.
Reporting and accountability requirements
4 | Annual report | 5 |
(1) | Each year Te Pou Tupua must adopt and publish an annual report. | |
(2) | The annual report must contain the following information for the financial year | |
to which it relates: | ||
(a) a report on the exercise by Te Pou Tupua of its functions and powers and | ||
its progress in achieving its purposes; and | 10 | |
(b) financial statements in respect of Te Pou Tupua and Te Awa Tupua (in- | ||
cluding Te Korotete) prepared in accordance with generally accepted ac- | ||
counting practice; and | ||
(c) a statement of responsibility for the financial statements; and | ||
(d) an audit report— | 15 | |
(i) by the Auditor-General in respect of Te Pou Tupua; and | ||
(ii) by an auditor appointed by Te Pou Tupua in respect of Te Awa Tu- | ||
pua (including Te Korotete). | ||
(3) | Te Pou Tupua, the Minister for Treaty of Waitangi Negotiations, and the Minis- | |
ter of Finance may agree to any further reporting requirements necessary to re- | 20 | |
flect any change to the financial relationship between the Crown and Te Pou | ||
Tupua. | ||
(4) | In this clause,— | |
financial statements has the meaning given in section 6 of the Financial Re- | ||
porting Act 2013 | 25 | |
generally accepted accounting practice has the meaning given in section 8 of | ||
the Financial Reporting Act 2013. | ||
5 | Disclosure of annual report | |
(1) | Te Pou Tupua must provide the annual report to— | |
(a) the chairperson of the trustees; and | 30 | |
(b) the Minister for Treaty of Waitangi Negotiations. | ||
(2) | The Minister for Treaty of Waitangi Negotiations must present the annual re- | |
port to the House of Representatives as soon as practicable after it has been re- | ||
ceived by the Minister. | ||
(3) | After the report has been provided under subclause (1), a nominator may seek further information from Te Pou Tupua, and make comments to Te Pou | 35 |
Tupua, on any relevant matter arising out of the report. |
Part 2 Te Karewao
6 Meetings of Te Karewao
Te Karewao must meet as it considers necessary to carry out its purpose under section 27 and when requested to provide advice and support for Te Pou Tu- 5 pua in the performance of its functions.
7 Power to request information or advice
(1) Te Pou Tupua or Te Karewao may request information or technical advice from any department of State if the information or advice requested relates to that
department’s functions. 10
(2) A department of State that receives a request under subclause (1) must pro- vide the information or advice to Te Pou Tupua or Te Karewao where it is reasonably practicable and appropriate to do so, having regard (among other relevant matters) to the ability of the department to make its resources available
for that purpose in light of the other priorities of the department. 15
(3) In this clause, department of State has the meaning given to department in section 27A of the State Sector Act 1988.
8 Delegation
(1) Te Pou Tupua may—
(a) delegate functions to Te Karewao; and 20
(b) refer matters to Te Karewao for its consideration and advice to Te Pou Tupua.
(2) Te Pou Tupua must not delegate any decision-making function to Te Karewao.
9 Liability
The persons appointed to Te Karewao are not personally liable for any action 25
taken or omission made in their capacity as members of Te Karewao, but only if the action or omission relates to their functions and powers under this Act and they have acted in good faith.
Schedule 4
Te Kōpuka nā Te Awa Tupua and Te Heke Ngahuru ki Te Awa Tupua
ss 29, 36
Part 1 Te Kōpuka | 5 | |
Administrative matters | ||
1 | Terms and conditions of appointment of members of Te Kōpuka | |
(1) | Members of Te Kōpuka are appointed for a term of 3 years, unless a member | |
resigns or is removed by an appointer during that term. | 10 | |
(2) | Members may be reappointed or removed by, and at the sole discretion of, the | |
relevant appointer. | ||
(3) | If a vacancy arises in the membership of Te Kōpuka, the relevant appointer | |
must, as soon as is reasonably practicable, fill the vacancy for the remainder of | ||
the term of office of the relevant member. | 15 | |
(4) | A vacancy does not prevent Te Kōpuka from continuing to perform its func- | |
tions. | ||
(5) | To avoid doubt, the members of Te Kōpuka are not members of a local authori- | |
ty by virtue of their appointment as members of Te Kōpuka. | ||
2 | Participation in Te Kōpuka | 20 |
(1) | The members of Te Kōpuka must act in a manner that promotes the effective performance of the functions of Te Kōpuka (see section 30). | |
(2) | Te Kōpuka must convene plenary sessions on a regular basis for the purpose | |
of— | ||
(a) reporting to— | 25 | |
(i) groups and organisations (including iwi and hapū with interests in | ||
the Whanganui River) that are represented by the members ap- pointed under section 32(1); and | ||
(ii) relevant departments of State; and | ||
(iii) any other relevant agencies; and | 30 | |
(b) offering an opportunity for the groups and organisations referred to in paragraph (a) to provide information to Te Kōpuka. | ||
(3) | Te Kōpuka may invite other persons and organisations (including departments | |
of State and other agencies) to participate in meetings and contribute to the | ||
work of Te Kōpuka. | 35 |
(4) | Unless otherwise agreed, members of Te Kōpuka are not paid or reimbursed for | |
their participation in Te Kōpuka from the fund referred to in clause 9(4). | ||
3 | Appointment of chairperson and deputy chairperson | |
(1) | At the first meeting of each term of Te Kōpuka, Te Kōpuka must appoint— | |
(a) 1 of its members to be the chairperson; and | 5 | |
(b) 1 of its members to be the deputy chairperson. | ||
(2) | The chairperson and deputy chairperson are appointed for the same 3-year term as the members of Te Kōpuka, unless the chairperson or deputy chairperson re- signs or is removed. | |
(3) | The chairperson and deputy chairperson may be reappointed. | 10 |
(4) | The deputy chairperson must act on behalf of the chairperson at any meeting of Te Kōpuka in the absence of the chairperson. | |
(5) | If the chairperson or deputy chairperson is absent from 3 consecutive meetings of Te Kōpuka, the chairperson or deputy chairperson, as the case may be, must be removed from the relevant office, unless Te Kōpuka decides otherwise. | 15 |
4 | Annual schedule of meetings | |
At its first meeting in each year of its term, Te Kōpuka must— | ||
(a) agree a schedule of meetings for the year that will allow Te Kōpuka to achieve its purpose and perform its functions; and | ||
(b) regularly review that schedule of meetings to ensure that it is adequate to allow Te Kōpuka to achieve its purpose and perform its functions. | 20 | |
5 | Quorum | |
The quorum for a meeting of Te Kōpuka is not fewer than 50% of the mem- bers, including the chairperson or deputy chairperson. | ||
6 | Decision making | 25 |
(1) | All decisions of Te Kōpuka must be made at meetings of Te Kōpuka. | |
(2) | In making decisions, the members of Te Kōpuka must— | |
(a) strive to achieve consensus; and | ||
(b) approach decision making in a manner that— | ||
(i) is consistent with the collaborative nature and purpose of Te Kōpuka (but for no other purpose); and | 30 | |
(ii) promotes consensus decision making. | ||
(3) | However, if, in the opinion of the chairperson, consensus is not practicable after reasonable discussion, a decision of Te Kōpuka may be made by a majori- ty of at least 75% of the members entitled to vote and voting at a meeting. | 35 |
(4) | The chairperson may vote on any matter but does not have a casting vote. |
7 | Members of both Te Kōpuka and local authority | |
Members of Te Kōpuka who are also members of a local authority are not,— | ||
(a) by virtue of being a member of Te Kōpuka, disqualified from participat- ing in decision making by the local authority; or | ||
(b) by virtue of being a member of the local authority, disqualified from par- ticipating in the decision-making of Te Kōpuka; or | 5 | |
(c) bound by the relevant local government legislation when acting as a member of Te Kōpuka; or | ||
(d) required to consult with, or seek direction from, the local authority in re- lation to their participation in Te Kōpuka. | 10 | |
8 | Liability of members of Te Kōpuka | |
The members of Te Kōpuka are not personally liable for any action taken or omission made in their capacity as members of Te Kōpuka, but only if the ac- tion or omission relates to their functions and powers under this Act and they have acted in good faith. | 15 | |
9 | Administrative and technical support | |
(1) | The Manawatu–Wanganui Regional Council must provide administrative sup- port for Te Kōpuka. | |
(2) | At any meeting, the members of Te Kōpuka may be supported by technical ad- visers. | 20 |
(3) | Te Kōpuka may determine whether additional technical support is required and the nature, extent, and source of that support. | |
(4) | The fund required under paragraph 5.45 of Ruruku Whakatupua—Te Mana o Te Awa Tupua must be paid to the Manawatu–Wanganui Regional Council by the Crown as a contribution, together with any other funds that may be provi- | 25 |
ded to Te Kōpuka from time to time, to be expended by the Council— | ||
(a) for the purpose of meeting the costs of establishing Te Kōpuka and de- veloping Te Heke Ngahuru; and | ||
(b) after the Council and Te Kōpuka have together considered how the fund is to be expended. | 30 |
Procedures for operation of Te Kōpuka
10 | Procedures | |
(1) | Te Kōpuka must, at its first meeting, adopt procedures for its operations that reflect— | |
(a) the purpose and functions of Te Kōpuka; and | 35 | |
(b) the principle of consensus decision making; and | ||
(c) the range of interests represented by the membership of Te Kōpuka; and |
(d) tikanga Māori.
(2) The procedures for Te Kōpuka—
(a) must provide for the requirements of the relevant local government legislation to the extent that those requirements are considered relevant
to Te Kōpuka by Whanganui Iwi, the Crown, and the relevant local 5 authorities; and
(b) apply at and from the first meeting of Te Kōpuka; and
(c) may be amended from time to time by Te Kōpuka.
Steering group and committees
11 | Other appointments | 10 |
(1) | Te Kōpuka may appoint a steering group to ensure that, in achieving its pur- pose, Te Kōpuka operates in an effective, efficient, and collaborative way. | |
(2) | Te Kōpuka may also appoint committees to consider particular issues in rela- tion to the performance of the functions of Te Kōpuka. | |
Part 2 | 15 | |
Te Heke Ngahuru | ||
Development and approval of Te Heke Ngahuru | ||
12 | Preparation and notification of draft Te Heke Ngahuru | |
(1) | Not later than 6 months after the settlement date, Te Kōpuka must begin to pre- pare a draft of Te Heke Ngahuru. | 20 |
(2) | As soon as the draft of Te Heke Ngahuru is prepared, but not later than 18 months after the settlement date, Te Kōpuka must— | |
(a) give public notice of the draft of Te Heke Ngahuru; and | ||
(b) ensure that the draft of Te Heke Ngahuru and other documents that Te Kōpuka considers relevant are available for public inspection. | 25 | |
(3) | Te Kōpuka may do anything else it considers appropriate to promote awareness of the draft Te Heke Ngahuru to interested persons and obtain their views on it. | |
(4) | The public notice must— | |
(a) identify where the draft of Te Heke Ngahuru may be obtained or inspec- ted; and | 30 | |
(b) state that persons or organisations may make a submission or give their views on the draft of Te Heke Ngahuru in the manner specified in the notice; and |
13 | (c) state the date by which the submissions or views on the draft of Te Heke Ngahuru must be provided to Te Kōpuka, which must not be earlier than 20 working days after the date on which the notice is published. Submissions and views on Te Heke Ngahuru | |
(1) | Te Kōpuka— | 5 |
(a) must consider all relevant submissions or views that it receives on the | ||
draft of Te Heke Ngahuru; and | ||
(b) may, in its discretion, meet with or hear submissions from, or hear the | ||
views of,— | ||
(i) any person or organisation that provides a submission or views on | 10 | |
the draft of Te Heke Ngahuru; or | ||
(ii) any other person or organisation that Te Kōpuka considers appro- | ||
priate. | ||
(2) | Te Kōpuka must— | |
(a) keep a record of all submissions and views received, and of all meetings | 15 | |
or discussions, on the draft of Te Heke Ngahuru; and | ||
(b) make the record available to any person on request. | ||
14 | Amendment and approval of Te Heke Ngahuru | |
(1) | Te Kōpuka may amend the draft of Te Heke Ngahuru to reflect— | |
(a) any matters raised in the submissions or views it receives; and | 20 | |
(b) any other matters that arise after public notice of the draft of Te Heke Ngahuru is given under clause 12. | ||
(2) | Te Kōpuka must then approve Te Heke Ngahuru. | |
15 | Notification of approved Te Heke Ngahuru | |
(1) | Te Kōpuka must give public notice of the approved Te Heke Ngahuru, with de- | 25 |
tails of where Te Heke Ngahuru may be obtained or inspected. | ||
(2) | Te Kōpuka may notify the approved Te Heke Ngahuru by any other means it | |
considers appropriate. | ||
16 | Review and amendment of Te Heke Ngahuru | |
(1) | Te Kōpuka must begin to review Te Heke Ngahuru— | 30 |
(a) not later than 10 years after its notification under clause 15; and | ||
(b) not later than 10 years after the completion of any previous review. | ||
(2) | If Te Kōpuka considers, as a result of a review, that Te Heke Ngahuru should | |
be amended— | ||
(a) in a material way, it must prepare, approve, and notify an amendment in accordance with clauses 12 to 15; or | 35 |
(b) in a way that is of minor effect, it may approve the amendment under
clause 14 but must give public notice in accordance with clause 15.
(3) In applying clauses 12 to 15 to a review under this clause, all references in those sections to a draft of Te Heke Ngahuru are to be read as references to an amendment to Te Heke Ngahuru. 5