Te Pire Whakataunga i ngā Kerēme a Te Hiku
Xx Xxxx Whakataunga i ngā Kerēme a Te Hiku
Pire Kāwanatanga
Ko tā Te Komiti Whiriwhiri Take Māori i whakatakoto
Ngā Kōrero
Tūtohutanga
Kua āta tirohia e Te Komiti Whiriwhiri Take Māori Xx Xxxx Whakataunga i xxx Xxx- ēme a Te Hiku, ā, ka tūtohu kia whakamanahia, me ngā whakatikatika kua whakaatu- ria.
Kupu whakataki
He pire wāhanga maha Xx Xxxx Whakataunga i ngā Kerēme a Te Hiku, tērā ka whai kia hoatu wāhi mō ngā kerēme Tiriti hītori o Waitangi i hainatia rā i waenganui i te tau 2012 me te tau 2014, e ngā iwi tokowhā, e noho tawhiti xxx xxx i Te Hiku o Te Ika ā Māui ki Te Tai Tokerau me Te Karauna. Ko Ngāti Kurī, ko Ngāi Takoto, ko Te Aupōuri me Te Rarawa aua iwi tokowhā.
I tuhia hei pire wāhanga maha hukihuki nā te mea, kia rite ai te hea o te whakatika hapa i waenganui i ngā iwi tokowhā e whakatau xxx, ko xxxx xxxx tā xxx xxxx ka hiahia kia whakaturehia hei te wā kotahi. Ko te tūmanako ia, kia wāwāhia xx xxxx i te wāhan- ga o Te Komiti Katoa o Te Whare hei pire takirima.
Te Teihana Pirihimana o Kohukohu
Ko tā Te Whakaaetanga a Te Rarawa ka hoatu, kia whakapuaki Te Karauna, he tu- whene Te Teihana Pirihimana o Kohukohu, ā, ki Te Rarawa te kōwhiringa tuatahi ki xx xxxx i te xxxx xx. E whakahē xxx xxx xxxx o te hapū o Te Ihutai ki te whakaurun- ga atu o te Teihana Pirihimana o Kohukohu ki roto i te whakataunga a Te Rarawa xx xxxxx i te take, ko te whenua rā he whenua kē nā Ngāpuhi, ā, he wāhi nui kē o te kerēme Ngāpuhi a Te Ihutai.
He tapua Te Teihana Pirihimana o Kohukohu ki a Te Ihutai nā tōna whakaurunga ki roto i Xx Xxxx Whakataunga i ngā Kerēme a Te Rarawa, ā, tērā pea ka whakawhāititia he whiriwhiringa a Te Ihutai me Te Karauna nā xxxx kerēme Ngāpuhi.
Inā ka unuhia xxx xxx te teihana pirihimana i te whakataunga a Te Rarawa kua kore he tikanga whakamarumaru mō te pito whenua nei i mua i te whiriwhiringa o tētahi whakataunga Ngāpuhi me te hoatu wāhi i roto hanganga ture. Mehemea ka whaka- puakina te teihana pirihimana, he mea tuwhene i tēnei wā, ka āhei pea a Te Ihutai ki te tono mā ngā huarahi whakamarumaru a Te Karauna, kia pēketia whenuatia te whenua rā ēngari, kāore he kupu taurangi ka angitu te tono. Kīhai hoki i tino mōhiotia mehe- mea ka taea he whakatika hapa e kaha ai te whiriwhiria i roto i te whakataunga a Ngā- puhi.
Ki te kaha a Te Ihutai ki te whiriwhiri momo huarahi whakatika hapa pai mā roto i te whakataunga a Ngāpuhi ā xxxx wā, ā, kua tautokona e Te Rūnanga o Te Rarawa ētahi whakarerekētanga ka hiahiatia, kia riro mā Te Ture Whakataunga Kerēme a Te Rara- wa tērā e hoatu.
Kīhai mātou i whakaae ki tēnei aronga. Ko tā mātou ka hiahia kē, kia hoatu he pānga ki a Te Ihutai i roto i te hanganga ture, heoi ki tō mātou mōhio, kīhai a Te Rarawa i te hiahia kia puta tūpono noa tēnei. E xxx xxx tā mātou noho nā te mea, kei roto i ā mā- tou tuhinga kōrero tētahi xxxx paihere nō mai i a Te Rarawa.
Te Poroka o xxx Xxxxx
Nō nā noa nei tētahi whakaritenga i tau ai mō Te Whakaaetanga Whakatika i Te Wha- kaaetanga Whakataunga a Ngāti Kurī kia whakaroangia atu Te Poraka1 o xxx Xxxxx mā te 1.58 heketā hei whai ake i ngā māharahara mō te putanga mā te xxxx. I te wā tuatahi i tuhia hukihukitia ai xx xxxx, kīhai anō he whakaaetanga kia whakaarongia.
Xx xxxxx i tērā, ka tūtohu mātou kia whakatikaina ngā whakaaturanga mō xxx xxxx whenua ahurea a Ngāti Kurī i te pukapuka āpiti 1 o xx xxxx, kia kitea mai ai ko ērā xxx xxxx whenua ahurea rā i a rara 24, kia pūmau ai Te Karauna kua āta rēhitahia he tikan- ga ture whakangāwari mō tētahi tika ki te haere mā reira, i xxxxx i te pito whenua.
Te Tumu Paeroa o Te Aupōuri
Kāore anō te whakamāramatanga mō ngā āpitihanga o Te Tumu Paeroa o Te Aupōuri i roto i xx xxxx kia oti te tuhia hukihukitia. Ka tūtohu mātou kia ūkuitia atu te rārangi ingoa i roto i te rara, ā, me te whakauru he rārangi ingoa mō ngā kaupene e ono oti atu i xx xxxx o taua rārangi ingoa kua ūkuitia nā te mea, ko ērā ngā āpitihanga i te wā nei o Te Tumu Paeroa.
Te whakamāramatanga mō ngā kerēme hītori
Ka tūtohu mātou kia whakatikaina a rara e 578(4) (d) o xx xxxx kia mārama ai te wha- kamāramatanga mō ngā kerēme hītori. I te wā nei, kīhai xxx xxxx i Xx Xxxx Whaka- taunga i ngā Kerēme a Te Rarawa i tino mārama rawa kia xxxx ai ētahi kerēme a xxx xxxx o Te Ihutai me Kōhatutaka mā roto i ō rātou whakapapa Ngāpuhi.
Te kerēme kei roto xxxx xxx pānga a Te Rarawa me Ngāti Kahu
Pā ai te kerēme Wai 1695 ki a Te Rarawa rāua tahi ko Ngāti Kahu. Ka whakataungia te wāhanga ki a Te Rarawa i raro i xx Xxxx Ka whakaungia te wāhanga ka pā ki a Te Rarawa i raro i Xx Xxxx Whakataunga mō ngā Kerēme a Te Rarawa. Hāunga tērā ka pā ki a Ngāti Kurī, ka kore e whakatauhia, ka noho pērā tonu. Nō reira, ka tūtohu mātou kia tangohia atu a rara e 578(3) (a)(xvii), ā, ka whakauru i ōna kai o roto ki roto i tētahi rara hou, ko rara e 578(3)(b)(xviia) tērā.
Te Ture Taonga Pouhere Tuku Iho o Aotearoa o te tau 2014
Ka tūtohu mātou kia whakahoungia ngā rara e pā xxx o xx xxxx, kia kitea mai ai ko tērā te tika o te kōrero, kua noho xx xxx Te Ture Taonga Pouhere Tuku Iho o Aotearoa o te tau 2014 i xx xxxx o Te Ture Wāhi Hītori o te tau 1993; tae atu ki ngā whakapua- kanga kua noho Te Ture Taonga Pouhere Tuku Iho o Aotearoa o te tau 2014 i xx xxxx o Te Tumu Paeroa Wāhi Hītori me Te Ture Wāhi Hītori o te tau 1993, ā, me ngā xx- xxxxx e kōrero xxx mō aua wāhanga pū e rite xxx te whakahoungia ki kitea mai ai, kua whakarerekēngia ngā whika.
Tāpiritanga
Te hātepe a te komiti
I tonoa Xx Xxxx Whakataunga i ngā Kerēme a Te Hiku ki te komiti i te 4 o Whiringa-ā- rangi tau 2014. Ko te rā 30 o Kohi-tātea tau 2015 te rā i kati ai ngā tāpaetanga. E 25 ngā tāpaetanga i whiwhi, i whakaaroarohia e mātou nō mai i ngā kohinga, i te hunga takitahi whai pānga. E 19 ngā tāpaetanga i rongohia e mātou tae atu kite whakatū whakawātanga i Kaitāia.
I whiwhi whakamaherehere 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 Xxx
Xxxxxx Xxxxx
Xxxxxx Xxxxxx Xxxxxx Pita Paraone
Xxxx Xxxxxxxxxx Xxxxxxx Xxxxx
Te Hiku Claims Settlement Bill
Government Bill
As reported from the Māori Affairs Committee
Commentary
Recommendation
The Māori Affairs Committee has examined the Te Hiku Claims Settlement Bill and recommends that it be passed with the amendments shown.
Introduction
The Te Hiku Claims Settlement Bill is an omnibus bill that seeks to provide for settle- ment of historic Treaty of Waitangi claims signed between 2012 and 2014 by four Far North iwi and the Crown. The four iwi are Ngāti Kuri, NgāiTakoto, Xx Xxxxxxx, and Te Rarawa.
It was drafted as an omnibus bill because shared redress between the four settling iwi requires the bills to be passed into law at the same time. The bill is expected to be divided into five bills at the Committee of the Whole House stage.
Kohukohu Police Station
The Te Rarawa Deed of Settlement provides that, should the Kohukohu Police Station be declared surplus by the Crown, Te Rarawa will have the first option to purchase the property. Members of Te Ihutai hapū oppose the inclusion of the Kohukohu Police Station in Te Rarawa’s settlement on the basis that the land is Ngāpuhi land and will form part of Te Ihutai’s Ngāpuhi claim.
The Kohukohu Police Station is significant to Te Ihutai and its inclusion in the Te Rarawa Claims Settlement Bill may limit any negotiation Te Ihutai can have with the Crown through its Ngāpuhi claim.
Te Rūnanga o Te Rarawa supports Te Ihutai’s aspirations for the eventual transfer of the Kohukohu Police Station to Te Ihutai as it acknowledges its particular importance to Te Ihutai. The property was included in the right of first refusal in the Te Rarawa
If the police station is withdrawn from the Te Rarawa settlement there would be no guaranteed protection over it before a Ngāpuhi settlement is negotiated and provided for in legislation. If the police station is declared surplus in the meantime Te Ihutai could be able to apply, through the Crown’s protection mechanism, for the land to be landbanked but there is no guarantee the application would be successful. There is al- so no certainty about what redress will be negotiated in the Ngāpuhi settlement.
If Te Ihutai is able to negotiate a preferable form of redress through the Ngāpuhi settlement in future, Te Rūnanga o Te Rarawa has undertaken to support any changes that might be necessary to the Te Rarawa Claims Settlement Act to provide for that.
We do not agree with this approach, and would prefer that the Te Ihutai interest be provided for in legislation; however we understand that Te Rarawa do not wish for this to happen. We are comforted by having on record a letter of commitment from Xx Xxxxxx.
Pines Block
Ngāti Kuri and the Crown have recently reached an agreement on a Deed to Amend the Ngāti Kuri Deed of Settlement to extend the Pines Block2 by 1.58ha to address concerns over road access. The agreement was not in place when the bill was origin- ally drafted.
Therefore, we recommend amending the descriptions of Ngāti Kuri cultural proper- ties in Schedule 1 of the bill to reflect this, and amending clause 24 to ensure the Crown has a registrable easement for right of way over the property.
Aupouri Māori Trust Board
The definition of subsidiaries of the Aupouri Māori Trust Board in the bill as drafted is not complete. We recommend the list in the clause be deleted, and replaced with a complete list of the six companies that are currently subsidiaries of the Trust Board.
Definition of historic claims
We recommend amending clause 578(4)(d) of the bill to clarify the definition of his- toric claims. As currently worded it is not sufficiently clear that the Te Rarawa Claims Settlement Xxxx does not settle any claims members of Te Ihutai and Xxxxxxxxxx may have through their Ngāpuhi whakapapa.
Claim involving both Xx Xxxxxx and Ngāti Kahu interests
The claim Wai 1695 relates to both Te Rarawa and Ngāti Kahu. The part that relates to Te Rarawa will be settled under the Te Rarawa Claims Settlement Bill and the part
that relates to Ngāti Kahu will remain unsettled. Therefore we recommend that clause 578(3)(a)(xvii) be removed, and its contents be inserted as new clause 578(3)(b)(xviia).
Heritage New Zealand Pouhere Taonga Act 2014
We recommend that the relevant clauses of the bill be revised to reflect the fact that the Historic Places Act 1993 has been replaced by the Heritage New Zealand Pouhere Taonga Act 2014; with references to the Historic Places Trust and the Historic Places Act 1993 replaced with Heritage New Zealand Pouhere Taonga and the Heritage New Zealand Pouhere Taonga Act 2014, and that sections referring to specific parts be similarly updated to reflect different numbering.
Appendix
Committee process
The Te Hiku Claims Settlement Bill was referred to the committee on 4 November 2014. The closing date for submissions was 30 January 2015. We received and con- sidered 25 submissions from interested groups and individuals. We heard 19 submis- sions, which included holding hearings in Kaitaia.
We received advice from the Office of Treaty Settlements.
Committee membership Xxxxxxxxxxx Xxxxxx (Chairperson) Xxx Xxxxxxx Xxxxxxx
Xxxxxx Xxx Xxxxxx Xxxxx
Hon Xxxxxx Xxxxxx Pita Paraone
Rino Tirikatene 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 Hiku Claims Settlement Xxxx
Xxxx Kāwanatanga Government Bill
Contents
Page
Preliminary matters, acknowledgements and apology, and settlement of Ngāti Kuri historical claims
4 Provisions to take effect on settlement date 33
Summary of historical account, acknowledgements, and apology of the Crown
7 Summary of historical account, acknowledgements, and apology 35
11 Interpretation of Parts 1 to 3 generally 49
14 Meaning of historical claims 53
Historical claims settled and jurisdiction of courts, etc, removed
15 Settlement of historical claims final 55
Amendment to Treaty of Waitangi Act 1975
16 Amendment to Treaty of Waitangi Act 1975 56
Resumptive memorials no longer to apply
17 Certain enactments do not apply 56
18 Resumptive memorials to be cancelled 56
19 Rule against perpetuities does not apply 57
20 Access to deed of settlement 57
21 Provisions of other Acts that have same effect 57
Cultural redress for Ngāti Kuri
Subpart 1—Vesting of cultural redress properties
Properties vested in fee simple
25 Te Hapua Hāpua School site B 59
26 Vesting and alternative description of Te Hapua Hāpua School site 60
Properties vested in fee simple subject to conservation covenant
Properties vested in fee simple to be administered as reserves
35 Mai i Waikanae ki Waikoropūpūnoa 64
36 Mai i Hukatere ki Waimahuru 64
38 Mai i Waimimiha ki Ngāpae 65
39 Application of Crown forestry licence 66
Lake and lakebed properties vested in fee simple
41 Lake Ngākeketo Recreation Reserve 67
43 Conditions applying to use of Waihopo Lake property 68
General provisions applying to vesting of cultural redress properties
44 Properties vest subject to or together with interests 69
45 Interests in land for certain reserve properties 69
46 Interests that are not interests in land 69
47 Vesting of share of fee simple estate in property 70
48 Registration of ownership 70
49 Application of Part 4A of Conservation Act 1987 71
50 Matters to be recorded on computer freehold register 72
51 Application of other enactments 73
52 Minister of Conservation may grant easements 73
53 Names of Crown protected areas discontinued 74
Further provisions applying to reserve properties
54 Application of other enactments to reserve properties 74
55 Joint management body for Beach sites A, B, C, and D 74
56 Subsequent transfer of reserve land 75
57 Transfer of reserve land to new administering body 75
58 Transfer of reserve land to trustees of existing administering body 76
59 Reserve land not to be mortgaged 76
60 Saving of bylaws, etc, in relation to reserve properties 76
Subpart 2—Te Oneroa-a-Tohe redress
Removal of conservation area status
62 Status of Central and South Conservation Areas and Ninety Mile 78
Establishment, status, purpose, and membership of Board
63 Establishment and status of Board 79
65 Appointment of members of Board 79
66 Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress 80
67 Functions and powers of Board 81
68 Power of Board to make requests to beach management agencies 82
69 Criteria for appointment of commissioners 83
70 Procedure for appointing hearing panel 83
73 Preparation and approval of beach management plan 84
74 Purpose and contents of beach management plan 84
Effect of beach management plan on specified planning documents
75 Effect of beach management plan on RMA planning documents 85
76 Effect of beach management plan on conservation documents 86
77 Effect of beach management plan on local government decision 86
78 Application of other Acts to Board 86
Overview of, and background to, korowai redress
Te Hiku o Te Ika Conservation Board established
81 Establishment of Te Hiku o Te Ika Conservation Board 90
82 Role and jurisdiction of Northland Conservation Board to cease 90
Constitution of Te Hiku o Te Ika Conservation Board
83 Appointment of members of Te Hiku o Te Ika Conservation Board 91
84 Interim participation of Ngāti Kahu on Conservation Board 91
Conservation management strategy
85 Northland CMS 92
86 Status, effect, and certain contents of Te Hiku CMS 93
Preparation of draft Te Hiku CMS
87 Preliminary agreement 93
88 Draft document to be prepared 93
89 Notification of draft document 94
90 Submissions 94
91 Hearing 94
92 Revision of draft document 95
Approval process
93 Submission of draft document to Conservation Authority 95
94 Approval of Te Hiku CMS 95
95 Effect of approval of Te Hiku CMS 96
Review and amendment of Te Hiku CMS
96 Review procedure 96
97 Review in relation to Ngāti Kahu area of interest 97
98 Amendment procedure 97
Process to be followed if disputes arise
99 Dispute resolution 98
100 Mediation 98
101 Effect of dispute process on prescribed time limits 99
Access to Conservation Authority and Minister of Conservation
102 New Zealand Conservation Authority 99
103 Minister of Conservation 99
Decision-making framework
104 Acknowledgement of section 4 of Conservation Act 1987 100
Transfer of decision-making and review functions
105 Customary materials plan 100
106 Wāhi tapu framework 101
107 Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
101
Relationship agreement
108 Relationship agreement 101
Subpart 4—Statutory acknowledgement
109 Interpretation 101
Statutory acknowledgement
110 Statutory acknowledgement by the Crown 102
111 Purposes of statutory acknowledgement 102
112 Relevant consent authorities to have regard to statutory acknowledgement
102
113 Environment Court to have regard to statutory acknowledgement 102
114 Historic Places Trust and Environment Court to have regard to statutory acknowledgement
114 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
103
103
115 Recording statutory acknowledgement on statutory plans 104
116 Provision of summary or notice to trustees 104
117 Use of statutory acknowledgement 105
General provisions relating to statutory acknowledgement
118 Application of statutory acknowledgement to river or stream 105
119 Exercise of powers and performance of functions and duties 106
120 Rights not affected 106
Consequential amendment to Resource Management Act 1991
121 Amendment to Resource Management Act 1991 106
Subpart 5—Protocols
122 Interpretation 107
General provisions applying to protocols
123 Issuing, amending, and cancelling protocols 107
124 Protocols subject to rights, functions, and duties 107
125 Enforcement of protocols 108
Crown minerals
126 Protocol with Minister of Energy and Resources 108
Culture and heritage Taonga tūturu protocol
127 Culture and heritage Taonga tūturu protocol 109
Fisheries
128 Fisheries protocol 109
Subpart 6—Fisheries advisory committees
129 Interpretation 110
Ngāti Kuri fisheries advisory committee
130 Appointment of Ngāti Kuri fisheries advisory committee 110
Joint fisheries advisory committee
131 Appointment of joint fisheries advisory committee 110
Subpart 7—Official geographic names
132 Interpretation 111
133 Official geographic names 111
134 Publication of official geographic names 111
135 Subsequent alteration of official geographic names 112
Part 3 Commercial redress
136 Interpretation 112
Subpart 1—Transfer of commercial redress properties
137 The Crown may transfer properties 114
138 Transfer of share in fee simple estate in property 114
139 Minister of Conservation may grant easements 114
140 Computer freehold registers for commercial redress properties 115
141 Computer freehold register for Peninsula Block 115
142 Authorised person may grant covenant for later creation of computer freehold register
116
143 Application of other enactments 116
144 Transfer of Xx Xxxx Station 116
Subpart 2—Licensed land
145 Peninsula Block ceases to be Crown forest land 117
146 Relevant trustees are confirmed beneficiaries and licensors 117
147 Effect of transfer of Peninsula Block 118
148 Licence splitting process must be completed 118
Subpart 3—Access to protected sites
Right of access
149 Right of access to protected sites 119
150 Right of access over Peninsula Block 119
151 Right of access to be recorded on computer freehold register 120
Subpart 4—Right of first refusal over RFR land
Interpretation
152 Interpretation 120
153 Meaning of RFR land 123
Restrictions on disposal of RFR land
154 Restrictions on disposal of RFR land 124
Trustees’ right of first refusal
155 Requirements for offer 125
156 Expiry date of offer 125
157 Withdrawal of offer 126
158 Acceptance of offer 126
159 Formation of contract 126
Disposals to others but land remains RFR land
160 Disposal to the Crown or Crown bodies 127
161 Disposal of existing public works to local authorities 127
162 Disposal of reserves to administering bodies 127
Disposals to others where land may cease to be RFR land
163 Disposal in accordance with enactment or rule of law 127
164 Disposal in accordance with legal or equitable obligations 128
165 Disposal under certain legislation 128
166 Disposal of land held for public works 128
167 Disposal for reserve or conservation purposes 128
168 Disposal for charitable purposes 129
169 Disposal to tenants 129
170 Disposal by Housing New Zealand Corporation 129
RFR landowner obligations
171 RFR landowner’s obligations subject to other matters 129
Notices about RFR land
172 Notice to LINZ of RFR land with computer register after RFR date 130
173 Notice to trustees of offer trusts of disposal of RFR land to others 130
174 Notice to LINZ of land ceasing to be RFR land 130
175 Notice requirements 131
Right of first refusal recorded on computer registers
176 Right of first refusal recorded on computer registers for RFR land 131
177 Removal of notifications when land to be transferred or vested 132
178 Removal of notifications when RFR period ends 132
General provisions applying to right of first refusal
179 Waiver and variation 133
180 Disposal of Crown bodies not affected 133
181 Assignment of rights and obligations under this subpart 133
Part 4
Preliminary matters, acknowledgements and apology, and settlement of Te Aupouri historical claims
Preliminary matters
182 Purpose 134
183 Provisions to take effect on settlement date 134
184 Act binds the Crown 134
185 Outline 134
Summary of historical background
186 Summary of historical background to claims by Xx Xxxxxxx 136
187 Acknowledgements and apology 140
188 Acknowledgements 140
189 The Crown’s apology to Te Aupouri 144
Interpretation
190 Interpretation of Parts 4 to 7 generally 145
191 Interpretation 145
192 Meaning of Te Aupouri 148
193 Meaning of historical claims 149
Historical claims settled and jurisdiction of courts, etc, removed
194 Settlement of historical claims final 151
Amendment to Treaty of Waitangi Act 1975
195 Amendment to Treaty of Waitangi Act 1975 151
Resumptive memorials no longer to apply
196 Certain enactments do not apply 151
197 When resumptive memorials must be cancelled 152
Miscellaneous matters
198 Rule against perpetuities does not apply 152
199 Access to deed of settlement 153
200 Provisions of other Acts that have same effect 153
Part 5
Te Aupouri cultural redress
Subpart 1—Vesting of cultural redress properties
201 Interpretation 153
Properties vested in fee simple
202 Hukatere Pā 154
203 Murimotu Island 155
204 Xx Xxx School site A 155
205 Waiparariki (Xx Xxx 76 and 77B) 155
Properties vested in fee simple subject to conservation covenants
206 Kahokawa 155
207 Maungatiketike Pā 156
208 Pitokuku Pā 156
209 Taurangatira Pā 156
210 Te Rerepari 157
Properties vested in fee simple to be administered as reserves
211 Te Ārai Conservation Area 157
212 Te Ārai Ecological Sanctuary 157
213 Te Tomo a Tāwhana (Twin Pā Sites) 157
214 Mai i Waikanae ki Waikoropūpūnoa 158
215 Mai i Hukatere ki Waimahuru 158
216 Mai i Ngāpae ki Waimoho 159
217 Mai i Waimimiha ki Ngāpae 160
218 Application of Crown forestry licence 160
219 Lake Ngākeketo Recreation Reserve 161
Lake and lakebed properties vested in fee simple
220 Bed of Lake Ngākeketo 161
000 Xxxxxxx Xxxx property 162
222 Effect of vesting Waihopo Lake property 162
General provisions applying to vesting of cultural redress properties
223 Properties vest subject to, or together with, interests 163
224 Vesting of share of fee simple estate 163
225 Interests in land for certain reserve properties 163
226 Minister of Conservation may grant easements 164
227 Registration of ownership 164
228 Application of Part 4A of Conservation Act 1987 166
229 Matters to be recorded on computer freehold register 166
230 Removal of notifications from computer freehold register 167
231 Application of other enactments 168
232 Names of Crown protected areas discontinued 169
Provisions relating to reserve properties
233 Application of other enactments to reserve properties 169
234 Subsequent transfer of reserve land 169
235 Registration of subsequent transfer 170
236 New owners to be administering body 170
Management of Beach sites A, B, C, and D
237 Joint management body for Beach sites A, B, C, and D 171
238 Subsequent transfer of Beach sites A, B, C, and D 171
239 Reserve land not to be mortgaged 172
240 Saving of bylaws, etc, in relation to reserve properties 172
Subpart 2—Te Oneroa-a-Tohe redress
Interpretation
241 Interpretation 172
Removal of conservation area status
242 Status of Central and South Conservation Areas and Ninety Mile Beach Marginal Strip
Establishment, status, purpose, and membership of Board
174
243 Establishment and status of Board 174
244 Purpose of Board 175
245 Appointment of members of Board 175
246 Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress 176
Functions and powers of Board
247 Functions and powers of Board 177
248 Power of Board to make requests to beach management agencies 178
Resource consent applications
249 Criteria for appointment of commissioners 178
250 Procedure for appointing hearing panel 179
251 Obligation of Councils 179
252 Obligation of Board 180
Beach management plan
253 Preparation and approval of beach management plan 180
254 Purpose and contents of beach management plan 180
Effect of beach management plan on specified planning documents
255 Effect of beach management plan on RMA planning documents 181
256 Effect of beach management plan on conservation documents 181
257 Effect of beach management plan on local government decision making
182
Application of other Acts
258 Application of other Acts to Board 182
Subpart 3—Korowai
259 Interpretation 183
Overview of, and background to, korowai redress
260 Overview and background 185
Te Hiku o Te Ika Conservation Board established
261 Establishment of Te Hiku o Te Ika Conservation Board 186
262 Application of Conservation Act 1987 to Conservation Board 186
263 Role and jurisdiction of Northland Conservation Board to cease 186
Constitution of Te Hiku o Te Ika Conservation Board
264 Appointment of members of Te Hiku o Te Ika Conservation Board 186
265 Interim participation of Ngāti Kahu on Conservation Board 187
Conservation management strategy
266 Northland CMS 188
267 Status, effect, and certain contents of Te Hiku CMS 188
Preparation of draft Te Hiku CMS
268 Preliminary agreement 189
269 Draft document to be prepared 189
270 Notification of draft document 189
271 Submissions 190
272 Hearing 190
273 Revision of draft document 190
Approval process
274 Submission of draft document to Conservation Authority 191
275 Approval of Te Hiku CMS 191
276 Effect of approval of Te Hiku CMS 192
Review and amendment of Te Hiku CMS
277 Review procedure 192
278 Review in relation to Ngāti Kahu area of interest 192
279 Amendment procedure 193
Process to be followed if disputes arise
280 Dispute resolution 193
281 Mediation 194
282 Effect of dispute process on prescribed time limits 194
Access to Conservation Authority and Minister of Conservation
283 New Zealand Conservation Authority 195
284 Minister of Conservation 195
Decision-making framework
285 Acknowledgement of section 4 of Conservation Act 1987 196
Transfer of decision-making and review functions
286 Customary materials plan 196
287 Wāhi tapu framework 196
288 Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
196
Relationship agreement
289 Relationship agreement 197
Subpart 4—Statutory acknowledgement
290 Interpretation 197
291 Statutory acknowledgement by the Crown 197
292 Purposes of statutory acknowledgement 197
293 Relevant consent authorities to have regard to statutory acknowledgement
198
294 Environment Court to have regard to statutory acknowledgement 198
295 Historic Places Trust and Environment Court to have regard to statutory acknowledgement
295 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
198
199
296 Recording statutory acknowledgement on statutory plans 199
297 Provision of summary or notice of resource consent applications 200
298 Use of statutory acknowledgement 200
General provisions relating to statutory acknowledgement
299 Application of statutory acknowledgement to river 201
300 Exercise of powers and performance of functions and duties 202
301 Rights not affected 202
302 Amendment to Resource Management Act 1991 202
Subpart 5—Protocols
303 Interpretation 202
General provisions applying to protocols
304 Issuing, amending, or cancelling protocols 203
305 Protocols subject to rights, functions, and obligations 203
306 Enforcement of protocols 203
Crown minerals
307 Protocol with Minister of Energy and Resources 204
Taonga tūturu protocol
308 Culture and heritage Taonga tūturu protocol 204
Fisheries
309 Fisheries protocol 205
Subpart 6—Fisheries advisory committees
310 Interpretation 205
Te Aupouri fisheries advisory committee
311 Appointment of Te Aupouri fisheries advisory committee 205
Joint fisheries advisory committee
312 Appointment of joint fisheries advisory committee 206
Subpart 7—Geographic names
313 Interpretation 207
314 Official geographic names 207
315 Publication of official geographic names 207
316 Subsequent alteration of official geographic names 207
Part 6 Commercial redress
317 Interpretation 208
Subpart 1—Transfer of commercial redress properties
318 The Crown may transfer properties 210
319 Transfer of share in fee simple estate in property 210
320 Registrar-General to create computer freehold register 210
321 Authorised person may grant covenant for later creation of computer freehold register
211
322 Minister of Conservation may grant easements 211
323 Application of other enactments 212
324 Transfer of Xx Xxx School site B 212
325 Requirements if lease terminates or expires 213
Subpart 2—Licensed land
326 Peninsula Block ceases to be Crown forest land 213
327 Relevant trustees are confirmed beneficiaries and licensors 214
328 Effect of transfer of Peninsula Block 214
329 Licence splitting process must be completed 215
Subpart 3—Access to protected sites
Right of access
330 Right of access to protected sites 215
331 Right of access over Peninsula Block 216
332 Right of access to be recorded on computer freehold register 216
Subpart 4—Right of first refusal over RFR land
Interpretation
333 Interpretation 216
334 Meaning of RFR land 220
Restrictions on disposal of RFR land
335 Restrictions on disposal of RFR land 220
Trustees’ right of first refusal
336 Requirements for offer 221
337 Expiry date of offer 222
338 Withdrawal of offer 222
339 Acceptance of offer 222
340 Formation of contract 223
Disposals to others but land remains RFR land
341 Disposal to the Crown or Crown bodies 223
342 Disposal of existing public works to local authority 223
343 Disposal of reserves to administering bodies 224
Disposals to others where land may cease to be RFR land
344 Disposal in accordance with enactment or rule of law 224
345 Disposal in accordance with legal or equitable obligations 224
346 Disposal under certain legislation 224
347 Disposal of land held for public works 224
348 Disposal for reserve or conservation purposes 225
349 Disposal for charitable purposes 225
350 Disposal to tenants 225
351 Disposal by Housing New Zealand Corporation 225
RFR landowner obligations
352 RFR landowner’s obligations subject to other matters 226
Notices about RFR land
353 Notice to LINZ of RFR land with computer register after RFR date 226
354 Notice to trustees of offer trusts of disposal of RFR land to others 226
355 Notice to LINZ of land ceasing to be RFR land 227
356 Notice requirements 227
Right of first refusal recorded on computer registers
357 Right of first refusal recorded on computer registers for RFR land 228
358 Removal of notifications when land to be transferred or vested 228
359 Removal of notifications when RFR period ends 229
General provisions applying to right of first refusal
360 Waiver and variation 229
361 Disposal of Crown bodies not affected 229
362 Assignment of rights and obligations under this subpart 229
Part 7
Transitional arrangements and miscellaneous matters
Subpart 1—Transitional arrangements for governance reorganisation
363 Interpretation 230
Trust dissolved
364 Dissolution of Board 232
365 Vesting of assets and liabilities 232
366 Takahua Burial Ground Block 233
367 Te Neke Block 233
Other transitional matters
368 Final report of Board 234
369 Matters not affected by transfer 234
370 Status of contracts and other instruments 234
371 Status of existing securities 235
372 Books and documents to remain evidence 235
373 Registers 235
374 Interpretation 236
375 Liability of employees and agents 236
376 Transfer of employees 236
377 Protection of terms and conditions of employment 236
378 Continuity of employment 236
379 No compensation for technical redundancy 237
Subpart 2—Transitional taxation provisions
380 Application 237
Trustees deemed to be same person as Xxxxxxx Xxxxx Trust Board
381 Taxation in respect of transfer of assets and liabilities of Board 237
382 Election by trustees to be Māori Authority 238
Subsidiaries
383 Taxation in respect of assets and liabilities of subsidiaries 238
384 Election by subsidiary to be Maori authority 238
Subpart 3—Miscellaneous matters
Amendments
385 Maori Trust Boards Act 1955 amended 239
386 Amendments to Maori Trust Boards Regulations 1985 239
Part 8
Preliminary matters, acknowledgements and apology, and settlement of NgāiTakoto historical claims
Preliminary matters
387 Purpose 239
388 Provisions to take effect on settlement date 239
389 Act binds the Crown 240
390 Outline 240
Summary of historical account, acknowledgements, and apology of the Crown
391 Summary of historical account, acknowledgements, and apology 241
392 Summary of historical account 241
393 Acknowledgements 243
394 Apology 244
Interpretation provisions
395 Interpretation of Parts 8 to 10 generally 245
396 Interpretation 245
397 Meaning of NgāiTakoto 248
398 Meaning of historical claims 249
Historical claims settled and jurisdiction of courts, etc, removed
399 Settlement of historical claims final 250
Amendment to Treaty of Waitangi Act 1975
400 Amendment to Treaty of Waitangi Act 1975 251
Resumptive memorials no longer to apply
401 Certain enactments do not apply 251
402 Resumptive memorials to be cancelled 251
Miscellaneous matters
403 Rule against perpetuities does not apply 252
404 Access to deed of settlement 252
405 Provisions of other Acts that have same effect 253
Part 9 Cultural redress
Subpart 1—Vesting of cultural redress properties
406 Interpretation 253
Properties vested in fee simple
407 Hukatere site A 254
408 Kaimaumau Marae property 254
409 Waipapakauri Papakainga property 254
Properties vested in fee simple to be administered as reserves
410 Mai i Waikanae ki Waikoropūpūnoa 255
411 Mai i Hukatere ki Waimahuru 255
412 Mai i Ngāpae ki Waimoho 256
413 Mai i Waimimiha ki Ngāpae 256
414 Application of Crown forestry licence 257
000 Xxxxxxxxxxxx Xxxxx property 258
000 Xxxxxxxxx / East Beach property 258
Properties vested in fee simple subject to conservation covenant
417 Lake Tangonge site A 259
418 Tangonge property 259
Lake and lakebed properties vested in fee simple
419 Bed of Lake Ngatu 260
420 Lake Ngatu Recreation Reserve 260
421 Lake Katavich 260
000 Xxxx Xxxxxxxx 000
423 Lake Rotokawau 261
000 Xxxx Xxxxxxxxx 000
425 Effect of vesting of lake properties 261
General provisions applying to vesting of cultural redress properties
426 Properties vest subject to or together with interests 262
427 Interests in land for certain reserve properties 262
428 Interests that are not interests in land 263
429 Vesting of share of fee simple estate in property 263
430 Registration of ownership 263
431 Application of Part 4A of Conservation Act 1987 265
432 Matters to be recorded on computer freehold register 265
433 Application of other enactments 266
434 Names of Crown protected areas discontinued 267
Further provisions applying to reserve properties
435 Application of other enactments to reserve properties 267
436 Joint management body for Beach sites A, B, C, and D 268
437 Subsequent transfer of reserve land 268
438 Transfer of reserve land to new administering body 269
439 Transfer of reserve land to trustees of existing administering body if trustees change
269
440 Reserve land not to be mortgaged 270
441 Saving of bylaws, etc, in relation to reserve properties 270
Subpart 2—Te Oneroa-a-Tohe Board
Interpretation
442 Interpretation 270
Removal of conservation area status
443 Status of Central and South Conservation Areas and Ninety Mile Beach Marginal Strip
Establishment, status, purpose, and membership of Board
272
444 Establishment and status of Board 272
445 Purpose of Board 272
446 Appointment of members of Board 272
447 Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress 273
Functions and powers of Board
448 Functions and powers of Board 274
449 Power of Board to make requests to beach management agencies 276
Resource consent applications
450 Criteria for appointment of commissioners 276
451 Procedure for appointing hearing panel 276
452 Obligation of Councils 277
453 Obligation of Board 277
Beach management plan
454 Preparation and approval of beach management plan 277
455 Purpose and contents of beach management plan 278
Effect of beach management plan on specified planning documents
456 Effect of beach management plan on RMA planning documents 278
457 Effect of beach management plan on conservation documents 279
458 Effect of beach management plan on local government decision making
279
Application of other Acts
459 Application of other Acts to Board 279
Subpart 3—Korowai
460 Interpretation 280
Overview of, and background to, korowai redress
461 Overview and background 282
Te Hiku o Te Ika Conservation Board established
462 Establishment of Te Hiku o Te Ika Conservation Board 283
463 Role and jurisdiction of Northland Conservation Board to cease 284
Constitution of Te Hiku o Te Ika Conservation Board
464 Appointment of members of Te Hiku o Te Ika Conservation Board 284
465 Interim participation of Ngāti Kahu on Conservation Board 284
Conservation management strategy
000 Xxxxxxxxx XXX 000
467 Status, effect, and certain contents of Te Hiku CMS 286
Preparation of draft Te Hiku CMS
468 Preliminary agreement 286
469 Draft document to be prepared 287
470 Notification of draft document 287
471 Submissions 287
472 Hearing 288
473 Revision of draft document 288
Approval process
474 Submission of draft document to Conservation Authority 288
475 Approval of Te Hiku CMS 289
476 Effect of approval of Te Hiku CMS 289
Review and amendment of Te Hiku CMS
477 Review procedure 290
478 Review in relation to Ngāti Kahu area of interest 290
479 Amendment procedure 290
Process to be followed if disputes arise
480 Dispute resolution 291
481 Mediation 292
482 Effect of dispute process on prescribed time limits 292
Access to Conservation Authority and Minister of Conservation
483 New Zealand Conservation Authority 292
484 Minister of Conservation 293
Decision-making framework
485 Acknowledgement of section 4 of Conservation Act 1987 293
Transfer of decision-making and review functions
486 Customary materials plan 294
487 Wāhi tapu framework 294
488 Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
294
Relationship agreement
489 Relationship agreement 294
Subpart 4—Statutory acknowledgement and deeds of recognition
490 Interpretation 294
Statutory acknowledgement
491 Statutory acknowledgement by the Crown 295
492 Purposes of statutory acknowledgement 295
493 Relevant consent authorities to have regard to statutory acknowledgement
295
494 Environment Court to have regard to statutory acknowledgement 296
495 Historic Places Trust and Environment Court to have regard to statutory acknowledgement
495 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
296
296
496 Recording statutory acknowledgement on statutory plans 297
497 Provision of summary or notice to trustees 297
498 Use of statutory acknowledgement 298
Deeds of recognition
499 Issuing and amending deeds of recognition 299
General provisions relating to statutory acknowledgement and deeds of recognition
500 Application of statutory acknowledgement and deed of recognition to river, stream, or lake
299
501 Exercise of powers and performance of functions and duties 301
502 Rights not affected 301
Consequential amendment to Resource Management Act 1991
503 Amendment to Resource Management Act 1991 301
Subpart 5—Protocols
504 Interpretation 301
General provisions applying to protocols
505 Issuing, amending, and cancelling protocols 302
506 Protocols subject to rights, functions, and duties 302
507 Enforcement of protocols 302
Culture and heritage Taonga tūturu
508 Culture and heritage Taonga tūturu protocol 303
Fisheries
509 Fisheries protocol 303
Crown minerals
510 Protocol with Minister of Energy and Resources 304
Subpart 6—Fisheries advisory committees
511 Interpretation 304
512 Appointment of NgāiTakoto fisheries advisory committee 305
513 Appointment of joint fisheries advisory committee 305
Subpart 7—Official geographic names
514 Interpretation 306
515 Official geographic names 306
516 Publication of official geographic names 306
517 Subsequent alteration of official geographic names 306
Part 10 Commercial redress
518 Interpretation 307
Subpart 1—Transfer of commercial redress properties and deferred selection properties
519 The Crown may transfer properties 309
520 Transfer of share of fee simple estate in property 309
521 Minister of Conservation may grant easements 309
522 Computer freehold registers for commercial redress properties and deferred selection properties that are not shared redress
523 Computer freehold registers for shared commercial redress properties and deferred selection properties
310
310
524 Computer freehold register for Peninsula Block 311
525 Authorised person may grant covenant for later creation of computer freehold register
311
526 Application of other enactments 311
527 Transfer of Kaitaia College 312
528 Transfer of properties subject to lease 312
529 Requirements if lease terminates or expires 312
Subpart 2—Licensed land
530 Peninsula Block ceases to be Crown forest land 313
531 Relevant trustees are confirmed beneficiaries and licensors 313
532 Effect of transfer of Peninsula Block 314
533 Licence splitting process must be completed 314
Subpart 3—Access to protected sites
Right of access
534 Right of access to protected sites 315
535 Right of access over Peninsula Block 315
536 Right of access to be recorded on computer freehold register 316
Subpart 4—Right of first refusal
Interpretation
537 Interpretation 316
538 Meaning of RFR land 319
Restrictions on disposal of RFR land
539 Restrictions on disposal of RFR land 320
Trustees’ right of first refusal
540 Requirements for offer 321
541 Expiry date of offer 321
542 Withdrawal of offer 322
543 Acceptance of offer 322
544 Formation of contract 322
Disposals to others but land remains RFR land
545 Disposal to the Crown or Crown bodies 323
546 Disposal of existing public works to local authorities 323
547 Disposal of reserves to administering bodies 323
Disposals to others where land may cease to be RFR land
548 Disposal in accordance with enactment or rule of law 323
549 Disposal in accordance with legal or equitable obligations 324
550 Disposal under certain legislation 324
551 Disposal of land held for public works 324
552 Disposal for reserve or conservation purposes 324
553 Disposal for charitable purposes 325
554 Disposal to tenants 325
555 Disposal by Housing New Zealand Corporation 325
RFR landowner obligations
556 RFR landowner’s obligations subject to other matters 325
Notices about RFR land
557 Notice to LINZ of RFR land with computer register after RFR date 326
558 Notice to trustees of offer trusts of disposal of RFR land to others 326
559 Notice to LINZ of land ceasing to be RFR land 326
560 Notice requirements 327
Right of first refusal recorded on computer registers
561 Right of first refusal recorded on computer registers for RFR land 327
562 Removal of notifications when land to be transferred or vested 328
563 Removal of notifications when RFR period ends 328
General provisions applying to right of first refusal
564 Waiver and variation 329
565 Disposal of Crown bodies not affected 329
566 Assignment of rights and obligations under this subpart 329
Part 11
Preliminary matters, acknowledgements and apology, and settlement of Te Rarawa historical claims
Preliminary matters
567 Purpose 330
568 Provisions to take effect on settlement date 330
569 Act binds the Crown 330
570 Outline 330
Summary of historical account, acknowledgements, and apology of the Crown
571 Summary of historical account, acknowledgements, and apology 332
572 Summary of historical account 332
573 Acknowledgements 335
574 Apology 342
Interpretation provisions
575 Interpretation of Parts 11 to 13 generally 343
576 Interpretation 343
577 Meaning of Te Rarawa 346
578 Meaning of historical claims 347
Historical claims settled and jurisdiction of courts, etc, removed
579 Settlement of historical claims final 350
Amendment to Treaty of Waitangi Act 1975
580 Amendment to Treaty of Waitangi Act 1975 351
Resumptive memorials no longer to apply
581 Certain enactments do not apply 351
582 Resumptive memorials to be cancelled 351
Miscellaneous matters
583 Rule against perpetuities does not apply 352
584 Access to deed of settlement 352
585 Provisions of other Acts that have same effect 353
Part 12 Cultural redress
Subpart 1—Vesting of cultural redress properties
586 Interpretation 353
Properties vested in fee simple
587 Hukatere site B 354
000 Xxxxxxxxx Xxxx property, Mangamuka 354
000 Xxxxxxxxx Xxxx property, Tūtekēhua 354
590 Mapere 354
591 Motukaraka site A 355
592 Part former Awanui (Kaitaia) Riverbed 355
593 Pukepoto School property 355
594 Vesting and alternative description of Pukepoto School property in specified circumstances
355
595 Rotokakahi property 355
596 Tauroa Point site B 355
597 Tauroa Point site C 355
598 Te Oneroa a Tōhē–Xxxxxx Road property 356
000 00 Xxxxxxxxx Xxxx 000
600 Whangape property 356
000 Xxxxxxxx Xxxx property 356
Properties vested in fee simple to be administered as reserves
602 Awanui River property 356
603 Epakauri site A 356
604 Epakauri site B 357
605 Kaitaia Domain 357
606 Rotokakahi War Memorial property 357
607 Tauroa Point site A 358
608 Tauroa Point site D 358
609 Te Tāpairu Hirahira o Kahakaharoa 358
610 Mai i Waikanae ki Waikoropūpūnoa 358
611 Mai i Hukatere ki Waimahuru 359
612 Mai i Ngāpae ki Waimoho 360
613 Mai i Waimimiha ki Ngāpae 360
614 Application of Crown forestry licence 361
Property vested in fee simple subject to conservation covenant
615 Lake Tangonge site A 361
616 Lake Tangonge site B 362
617 Motukaraka site B 362
618 Tangonge property 362
General provisions applying to vesting of cultural redress properties
619 Properties vest subject to or together with interests 363
620 Interests in land for certain reserve properties 363
621 Interests that are not interests in land 363
622 Vesting of share of fee simple estate in property 364
623 Registration of ownership 364
624 Application of Part 4A of Conservation Act 1987 366
625 Matters to be recorded on computer freehold register 367
626 Application of other enactments 369
627 Names of Crown protected areas discontinued 369
Management board for Te Tāpairu Hirahira o Kahakaharoa Historic Reserve
628 Management board for Te Tāpairu Hirahira o Kahakaharoa Historic Reserve
370
629 Terms of appointment to management board 370
630 Preparation, approval, and amendment of reserve management plan
371
631 Procedures of management board 371
Joint management body for Beach sites
632 Joint management body for Beach sites A, B, C, and D 372
Further provisions applying to reserve properties
633 Application of other enactments to reserve properties 372
634 Subsequent transfer of reserve land 373
635 Transfer of reserve land to new administering body 373
636 Transfer of reserve land to trustees of existing administering body if trustees change
374
637 Reserve land not to be mortgaged 374
638 Saving of bylaws, etc, in relation to reserve properties 374
Subpart 2—Te Oneroa-a-Tohe Board
Interpretation
639 Interpretation 374
Removal of conservation area status
640 Status of Central and South Conservation Areas and Ninety Mile Beach marginal strip
Establishment, status, purpose, and membership of Board
376
641 Establishment and status of Board 376
642 Purpose of Board 377
643 Appointment of members of Board 377
644 Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress 378
Functions and powers of Board
645 Functions and powers of Board 379
646 Power of Board to make requests to beach management agencies 380
Resource consent applications
647 Criteria for appointment of commissioners 381
648 Procedure for appointing hearing panel 381
649 Obligation of Councils 382
650 Obligation of Board 382
Beach management plan
651 Preparation and approval of beach management plan 382
652 Purpose and contents of beach management plan 382
Effect of beach management plan on specified planning documents
653 Effect of beach management plan on RMA planning documents 383
654 Effect of beach management plan on conservation documents 383
655 Effect of beach management plan on local government decision making
384
Application of other Acts
656 Application of other Acts to Board 384
Subpart 3—Korowai
657 Interpretation 385
Overview of, and background to, korowai redress
658 Overview and background 387
Te Hiku o Te Ika Conservation Board established
659 Establishment of Te Hiku o Te Ika Conservation Board 388
660 Role and jurisdiction of Northland Conservation Board to cease 388
Constitution of Conservation Board
661 Appointment of members of Conservation Board 388
662 Interim participation of Ngāti Kahu on Conservation Board 389
Conservation management strategy
663 Northland CMS 390
664 Status, effect, and certain contents of Te Hiku CMS 391
Preparation of draft Te Hiku CMS
665 Preliminary agreement 391
666 Draft document to be prepared 391
667 Notification of draft document 392
668 Submissions 392
669 Hearing 392
670 Revision of draft document 393
Approval process
671 Submission of draft document to Conservation Authority 393
672 Approval of Te Hiku CMS 393
673 Effect of approval of Te Hiku CMS 394
Review and amendment of Te Hiku CMS
674 Review procedure 394
675 Review in relation to Ngāti Kahu area of interest 394
676 Amendment procedure 395
Process to be followed if disputes arise
677 Dispute resolution 396
678 Mediation 396
679 Effect of dispute process on prescribed time limits 397
Access to Conservation Authority and Minister of Conservation
680 New Zealand Conservation Authority 397
681 Minister of Conservation 397
Decision-making framework
682 Acknowledgement of section 4 of Conservation Act 1987 398
Transfer of decision-making and review functions
683 Customary materials plan 398
684 Wāhi tapu framework 399
685 Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
399
Relationship agreement
686 Relationship agreement 399
Subpart 4—Statutory acknowledgement
687 Interpretation 399
Statutory acknowledgement
688 Statutory acknowledgement by the Crown 400
689 Purposes of statutory acknowledgement 400
690 Relevant consent authorities to have regard to statutory acknowledgement
400
691 Environment Court to have regard to statutory acknowledgement 400
692 Historic Places Trust and Environment Court to have regard to statutory acknowledgement
692 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
401
401
693 Recording statutory acknowledgement on statutory plans 402
694 Provision of summary or notice to trustees 402
695 Use of statutory acknowledgement 403
General provisions relating to statutory acknowledgement
696 Application of statutory acknowledgement to river or stream 403
697 Exercise of powers and performance of functions and duties 404
698 Rights not affected 404
Consequential amendment to Resource Management Act 1991
699 Amendment to Resource Management Act 1991 404
Subpart 5—Protocols
700 Interpretation 405
General provisions applying to protocols
701 Issuing, amending, and cancelling protocols 405
702 Protocols subject to rights, functions, and duties 405
703 Enforcement of protocols 406
Culture and heritage Taonga tūturu
704 Culture and heritage Taonga tūturu protocol 406
Fisheries
705 Fisheries protocol 406
Subpart 6—Fisheries advisory committees
706 Interpretation 407
Te Rarawa fisheries advisory committee
707 Appointment of Te Rarawa fisheries advisory committee 407
Joint fisheries advisory committee
708 Appointment of joint fisheries advisory committee 408
Subpart 7—Official geographic names
709 Interpretation 408
710 Official geographic names 408
711 Publication of official geographic names 409
712 Subsequent alteration of official geographic names 409
Subpart 8—Ōwhata land
713 Transfer of Ōwhata land 409
Subpart 9—Warawara Whenua Ngāhere i te Taiao
714 Interpretation 410
Warawara Whenua Ngāhere i te Taiao
715 Obligation to enter into Warawara Whenua Ngāhere i te Taiao 411
716 Legal framework for Warawara Whenua Ngāhere i te Taiao 411
717 Purpose of Warawara Whenua Ngāhere i te Taiao 411
718 Scope of Warawara Whenua Ngāhere i te Taiao 412
719 Other contents of Warawara Whenua Ngāhere i te Taiao 412
Decision-making and operating principles under Warawara Whenua Ngāhere i te Taiao
720 Principles for decision making 413
721 Principles for operating under Warawara Whenua Ngāhere i te Taiao
414
722 Relationship with korowai 415
Other matters relevant to Warawara Whenua Ngāhere i te Taiao
723 Exercise of powers in certain circumstances 415
724 Review and amendment 415
725 Suspension 415
726 Waiver of rights 416
Part 13
Commercial redress and other matters
727 Interpretation 416
Subpart 1—Transfer of commercial redress properties and deferred selection properties
728 The Crown may transfer properties 418
729 Transfer of share of fee simple estate in property 419
730 Minister of Conservation may grant easements 419
731 Computer freehold registers for commercial redress properties and deferred selection properties that are not shared redress
732 Computer freehold registers for shared commercial redress properties and deferred selection properties
733 Computer freehold register for each of Peninsula Block and Takahue Block
734 Authorised person may grant covenant for later creation of computer freehold register
419
420
420
421
735 Application of other enactments 421
736 Transfer of Kaitaia College and Haumanga Road properties 422
737 Transfer of properties subject to lease 422
738 Requirements if lease terminates or expires 422
Subpart 2—Licensed land
739 Peninsula Block and Takahue Block cease to be Crown forest land 423
740 Relevant trustees are confirmed beneficiaries and licensors 423
741 Effect of transfer of Peninsula Block and Takahue Block 424
742 Licence splitting process must be completed 424
Subpart 3—Access to protected sites
Right of access
743 Right of access to protected sites 425
744 Right of access over Peninsula Block and Takahue Block 426
745 Right of access to be recorded on computer freehold register 426
Subpart 4—Right of first refusal over RFR land
Interpretation
746 Interpretation 426
747 Meaning of RFR land 430
Restrictions on disposal of RFR land
748 Restrictions on disposal of RFR land 430
Trustees’ right of first refusal
749 Requirements for offer 431
750 Expiry date of offer 431
751 Withdrawal of offer 432
752 Acceptance of offer 432
753 Formation of contract 433
Disposals to others but land remains RFR land
754 Disposal to the Crown or Crown bodies 433
755 Disposal of existing public works to local authorities 433
756 Disposal of reserves to administering bodies 434
Disposals to others where land may cease to be RFR land
757 Disposal in accordance with enactment or rule of law 434
758 Disposal in accordance with legal or equitable obligations 434
759 Disposal under certain legislation 434
760 Disposal of land held for public works 434
761 Disposal for reserve or conservation purposes 435
762 Disposal for charitable purposes 435
763 Disposal to tenants 435
764 Disposal by Housing New Zealand Corporation 435
RFR landowner obligations
765 RFR landowner’s obligations subject to other matters 436
Notices about RFR land
766 Notice to LINZ of RFR land with computer register after RFR date 436
767 Notice to trustees of offer trusts of disposal of RFR land to others 436
768 Notice to LINZ of land ceasing to be RFR land 437
769 Notice requirements 437
Right of first refusal recorded on computer registers
770 Right of first refusal recorded on computer registers for RFR land 438
771 Removal of notifications when land to be transferred or vested 438
772 Removal of notifications when RFR period ends 439
General provisions applying to right of first refusal
773 Waiver and variation 439
774 Disposal of Crown bodies not affected 439
775 Assignment of rights and obligations under this subpart 439
Subpart 5—Transitional matters
776 Interpretation 440
Charitable trusts dissolved
777 Charitable trust dissolved 441
Vesting
778 Vesting of assets and liabilities 442
Other transitional matters
779 Final annual report of Te Runanga 443
780 Matters not affected by transfer 443
781 Status of contracts and other instruments 443
782 Status of existing securities 444
783 Continuation of proceedings 444
784 Books and documents to remain evidence 444
785 Registers 444
786 Liability of employees and agents 445
787 Transfer of employees 445
788 Protection of terms and conditions of employment 445
789 Continuity of employment 445
790 No compensation for technical redundancy 445
Transitional taxation provisions
791 Application 446
Te Runanga
792 Taxation in respect of transfer of assets and liabilities of Te Runanga
446
793 Election by trustee to be Maori authority 447
Relevant subsidiaries
794 Taxation in respect of assets and liabilities of relevant subsidiaries 447
795 Election by relevant subsidiary to be Maori authority 448
Part 14
Ngāti Kahu Accumulated Rentals Trust
796 Interpretation 448
797 Purpose of this Part and Trust 449
798 Trustee is confirmed beneficiary 449
Part 15
Amendment to Reserves and Other Lands Disposal Act 1977
799 Purpose of this Part 449
800 Principal Act 449
801 Section 17 repealed (Te Puna-Topu-O-Hokianga Trust) 449
Schedule 1
Ngāti Kuri cultural redress properties
Schedule 2
Te Oneroa-a-Tohe redress
Schedule 3 Korowai
Schedule 4
Ngāti Kuri statutory areas
Schedule 5
Notices relating to RFR land
Schedule 6
Te Aupouri cultural redress properties
450
456
464
475
476
478
Schedule 7
Te Oneroa-a-Tohe redress
Schedule 8 Korowai
Schedule 9
Te Aupouri statutory areas
Schedule 10
Notices relating to RFR land
Schedule 11
Transfer of certain assets of Te Aupouri Maori Trust Board
Schedule 12
NgāiTakoto cultural redress properties
Schedule 13
Te Oneroa-a-Tohe redress
Schedule 14 Korowai
Schedule 15
NgāiTakato statutory areas subject to statutory acknowledgement and deed of recognition
Schedule 16
Notices relating to RFR land
Schedule 17 Hapū
Schedule 18
Te Rarawa cultural redress properties
Schedule 19
Te Oneroa-a-Tohe redress
Schedule 20 Korowai
Schedule 21
Te Rarawa statutory areas
Schedule 22
Notices relating to RFR land
484
492
503
504
506
507
512
520
531
532
534
536
544
552
563
564
The Parliament of New Zealand enacts as follows:
This Act is the Te Hiku Claims Settlement Act 2014.
This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1
Preliminary matters, acknowledgements and apology, and settlement 5
of Ngāti Kuri historical claims
Purpose | ||
The purpose of Parts 1 to 3 is— | ||
(a) to record the acknowledgements and apology given by the Crown to | 10 | |
Ngāti Kuri in the deed of settlement; and | ||
(b) to give effect to certain provisions of the deed of settlement that settles | ||
the historical claims of Ngāti Kuri. | ||
Provisions to take effect on settlement date | ||
(1) | The provisions of Parts 1 to 3 take effect on the settlement date unless stated | 15 |
otherwise. | ||
(2) | Before the date on which a provision takes effect, a person may prepare or sign | |
a document or do anything else that is required for— | ||
(a) the provision to have full effect on that date; or | ||
(b) a power to be exercised under the provision on that date; or | 20 | |
(c) a duty to be performed under the provision on that date. | ||
Act binds the Crown | ||
Parts 1 to 3 bind the Crown. | ||
Outline | ||
(1) | This section is a guide to the overall scheme and effect of Parts 1 to 3, but does not affect the interpretation or application of the other provisions of Parts 1 to 3 or of the deed of settlement. | 25 |
(2) | This Part— | |
(a) sets out the purpose of Parts 1 to 3; and | ||
(b) provides that the provisions of Parts 1 to 3 take effect on the settle- | 30 | |
ment date unless a provision states otherwise; and | ||
(c) specifies that the Act binds the Crown; and |
(d) sets out a summary of the historical account and records the text of the acknowledgements and apology given by the Crown to Ngāti Kuri, as re- corded in the deed of settlement; and
(e) defines terms used in Parts 1 to 3, including key terms such as Ngāti Kuri and historical claims; and 5
(f) provides that the settlement of the historical claims is final; and
(g) provides for—
(i) the effect of the settlement of the historical claims on the jurisdic- tion of a court, tribunal, or other judicial body in respect of the
historical claims; and 10
(ii) a consequential amendment to the Treaty of Waitangi Act 1975; and
(iii) the effect of the settlement on certain memorials; and
(iv) the exclusion of the law against perpetuities; and
(v) access to the deed of settlement. 15
(3) Part 2 provides for cultural redress, including,—
(a) in subpart 1, cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties; and
(b) cultural redress that does not involve the vesting of land, namely,—
(i) in subpart 2, provisions for the management of Te Oneroa-a- 20 Tohe / Ninety Mile Beach in relation to the Te Oneroa-a-Tohe management area by the establishment of a Board, the appoint- ment of hearing commissioners, and a requirement for a beach management plan; and
(ii) in subpart 3, the korowai redress, under which the Crown and Te 25
Hiku o Te Ika iwi enter into co-governance arrangements over conservation land in the korowai area; and
(iii) in subpart 4, a statutory acknowledgement by the Crown of the statements made by Ngāti Kuri of their cultural, historical, spirit-
ual, and traditional association with certain statutory areas and the 30
effect of that acknowledgement; and
(iv) in subpart 5, protocols for Crown minerals, fisheries, and taonga tūturu on the terms set out in the documents schedule; and
(v) in subpart 6, the establishment of fisheries advisory committees;
and 35
(vi) in subpart 7, the provision of official geographic names.
(4) Part 3 provides for commercial redress, including,—
(a) in subpart 1, the transfer of commercial redress properties; and
(b) in subpart 2, the licensed land redress; and
(c) in subpart 3, the provision of access to protected sites; and
(d) in subpart 4, the right of first refusal (RFR) redress.
(5) There are 5 schedules, as follows:
(a) Schedule 1 describes the cultural redress properties:
(b) Schedule 2 describes Te Oneroa-a-Tohe redress: 5
(c) Schedule 3 describes the korowai:
(d) Schedule 4 describes the statutory areas to which the statutory acknow- ledgement relates:
(e) Schedule 5 sets out provisions that apply to notices given in relation to
RFR land. 10
Summary of historical account, acknowledgements, and apology of the Crown
Summary of historical account, acknowledgements, and apology | ||
(1) | Section 8 summarises in English and te reo Māori the historical account in the deed of settlement, setting out the basis for the acknowledgements and apology. | |
(2) | Sections 9 and 10 record the text of the acknowledgements and apology giv- en by the Crown to Ngāti Kuri in the deed of settlement. | 15 |
(3) | The acknowledgements and apology are to be read together with the historical | |
account recorded in part 2 of the deed of settlement. | ||
Summary | ||
Summary of historical background to claims of Ngāti Kuri | 20 | |
(1) | According to tradition, Ngāti Kuri ancestors have occupied Te Hiku o Te Ika | |
from before the first waka arrivals. Traditionally Ngāti Kuri lived in several | ||
permanent settlements, and moved from those bases around their xxxx in small | ||
groups, following seasonal cycles for gardening, fishing, and food gathering. | ||
Ngāti Kuri did not sign Te Tiriti o Waitangi/the Treaty of Waitangi, and for | 25 | |
many years after Pākehā settlement tikanga Māori (customary law) largely pre- | ||
vailed in their xxxx. Ngāti Kuri were not included in the first land transactions | ||
in the area. Crown officials had limited understanding of the complex whaka- | ||
papa relationships in Te Hiku and at times failed to distinguish Ngāti Kuri from | ||
other iwi in the xxxx. | 30 | |
(2) | Under the nineteenth century native land laws, much of Ngāti Kuri’s remaining | |
land was vested in small numbers of individual owners. No provisions existed | ||
to ensure those individuals acted as trustees for their iwi, and much of the land | ||
was soon sold. By 1890 over 70% of Ngāti Kuri’s traditional land had been | ||
alienated. The only large block of land remaining in their ownership were | 35 | |
around the Pārengarenga harbour. The main economic activity available for | ||
Māori in the region was gum digging, which due to the isolation and lack of | ||
roading in the area, tended to trap workers in a debt cycle with the local store- |
keepers, who bought the gum from local Māori and sold them goods, control- ling the prices of both.
(3) In 1896, the Native Land Court began hearings on the Pārengarenga and Pāko- hu blocks around the harbour. The hearings and surveys were expensive, and
the lands were almost lost to pay survey debts. In order to prevent that the 5 Crown took over the debt and vested these blocks in the Tokerau Maori Land Board. This kept the lands in Māori ownership but the owners lost all control
of their management. Māori were left with only 3 small reserves around the Pā- rengarenga Harbour on which to live. Ngāti Kuri’s main papakāinga, Te Hāpua, flooded every year and the community suffered from high rates of typhoid and 10 tuberculosis, which the Crown was aware of but did little to remedy.
(4) By 1910, the survey debts had been repaid, but, despite this, control of the lands did not go back to the owners. Xxxxx Xxxx repeatedly asked for the return of the lands so they could begin farming initiatives, but their requests were xx-
xxxx until the 1950s. 15
(5) In 1953, the Crown empowered the Māori Trustee to compulsorily acquire small interests in the Pārengarenga and Pākohu blocks. Many Ngāti Kuri lost their last shares in their land through this process.
(6) Due to the Crown’s actions and omissions, Ngāti Kuri as an iwi were left with
little land and few economic opportunities. Many had to leave the xxxx alto- 20 gether, resulting in a loss of social cohesion and difficulty in passing on Ngāti Kuri’s tikanga, traditional knowledge, and language to younger generations.
He whakarāpopototanga o ngā tāhuhu kōrero e pā xxx ki xxx whai takunga a Ngāti Kurī
(1) E ai ki ngā kōrero tuku iho, nō mua rawa kē i te hekenga nui mai o ngā waka 25
ngā tūpuna o Ngāti Kurī e noho xxx i Te Hiku o Te Ika. Mai anō e noho xxx a Ngāti Kurī i ōna kāinga tūturu, ā, ka nukunuku haere ā-rōpu ririki nei, mai i ēnei kāinga taketake huri noa i tō rātou xxxx, e whai xxx i xxx wāhanga o te tau e mahi māra ai, e hī ika ai, e kohi, e hauhake kai ai rānei. Kāore a Ngāti Kurī i
haina i Te Tiriti ō Waitangi. Otirā, mō ngā tau maha whai muri mai i te 30
whakaeketanga mai o te pākehā ki ēnei whenua, ko te tikanga Māori te kaupapa mātāpono i mau tūturu atu ai a Ngāti Kurī. Kāore a Ngāti Kurī i whai wāhi atu ki ngā whakawhitiwhitinga whenua tuatahi i roto i tēnei xxxx. He iti noa te māramatanga o ngā āpiha a Te Karauna ki ngā whakawhanaungatanga
whakapapa i xx xxxx o Te Hiku. Me te aha hoki, kāore i mārama ki te 35
tūturutanga o ngā whakapapa o Ngāti Kurī mai i ērā o ētahi atu o ngā iwi o xx xxxx.
(2) I raro i ngā ture i whakaritea ai mō ngā whenua Māori o xx xxx tau te tekau mā iwa, te nuinga o ngā toenga whenua o Ngāti Kurī i xxxxx xxxxx ki ētahi tāngata
takitahi iti rawa nei. Kore rawa he whakataunga i whiriwhiria hei tohu i aua 40
tāngata takitahi rā kia noho kaitiaki rātou mō tō rātou iwi, kāore i xxx xx hokona atu te nuinga o te whenua. Ake ki te 1890, neke atu i te 70 ōrau o ngā
whenua taketake o Ngāti Kurī kua riro kē. Ko te whenua rahi katoa i xxxxx xxx ai i roto i ō rātou ringaringa ko tērā e xxx xxx i te whanga o Pārengarenga. Ko te mahi matua whai oranga a te Māori i roto i xx xxxx, ko te keri kāpia. Nā te taratahi me te kore xxxx i xx xxxx, ko te otinga atu ko te nama a ngā kaimahi Māori ki ngā rangatira o ngā toa hokohoko, ko rātou nei i xx xxxx i te xxxxx xxx | 5 | |
i te Māori me xx xxxx atu hoki ki te Māori i ā rātou nā taputapu. Ko rātou, ko ngā rangatira o ngā toa hokohoko, i a rātou te mana o te whakarite i te moni e utua ai mō te kāpia, me te moni e utua ai e te Māori mō ngā taputapu e hokona mai ai e ia i aua momo tāngata. | ||
(3) | I te tau 1896 ka tīmata Xx Xxxxx Whenua Māori o taua wā ki te whakahaere i ngā take whenua e pā xxx ki Pārengarenga me Pākohu i te takiwā ki te whanga o Pārengarenga. He nui te moni kia utua mō te whakahaere i ngā take a xx xxxxx me te rūri hoki. I tata ngaro xxxxx xxx whenua ki te utu i ngā nama rūri. Kia kore ai e riro katoa aua whenua, ka riro mā Te Karauna e kawe te utu o te nama. Ka whakawhitingia te mana ki ēnei whenua ki te ‘Tokerau Māori Land | 10 15 |
Board.’ ( Te Poari Whenua Māori o Te Tokerau.) Ahakoa ka noho ngā whenua nei ki roto i ngā ringaringa o te Māori ēngari kāore i whai mana xxx xxxxx Māori o aua whenua ki ngā whakahaerenga, ngā whakaritenga rānei. E xxxx xxx anō xxx whenua rāhui iti nei i xx xxxx o te whanga o Pārengarenga, i xxxxx xxx ki xxx Māori hei oranga mō rātou. Ko te papakāinga matua o Ngāti Kurī arā, a | 20 | |
Te Hāpua, he rite tonu te waipukengia me te aha, he tokomaha ngā tāngata i xxxxxx e te mate taipō me te mate kohi. I mōhio Te Karauna ki ēnei mate ēngari iti noa te aro mai ki te rongoā i aua mate. | ||
(4) | Xxx xxxx mai ki te 1910 kua ea ngā nama rūri, ēngari ahakoa ia tēnei, xxxxx xxxx te whenua i hoki ki xxx xxxxx. He rite tonu te tono a Ngāti Kurī kia whakahokia xxx xxx whenua kia taea ai e rātou te tīmata i ētahi mahi ahu whenua. Ēngari kia xxx xxxx ki xxx tau rima tekau o xx xxx tau i pahure atu nei, kātahi anō ka arongia mai ā rātou īnoi. | 25 |
(5) | I te tau 1953 ka hoatu te mana e te Karauna ki Te Kaitiaki Māori ki te tango i ngā pānga iti i ngā whenua ō Pārengarenga me Pākohu. He maha ngā tāngata o Ngāti Kurī i ngaro ai ō rātou pānga ki ō rātou whenua mā roto atu i tēnei momo whakahāere. | 30 |
(6) | Nā ngā mahi ā Te Karauna me ōna hapa xx xxxxx he maramara whenua noa iho ki te iwi o Ngāti Kurī, tae atu hoki ki ngā ara pakeke i whiua ai ki runga i a rātou e puta ai he oranga ki a rātou. He xxxx x xxxx motuhake atu i xx xxxx, me | 35 |
te aha, i motumotukia te āhua o te noho-ā-iwi ā Ngāti Kurī, me te uaua hoki ki te tuku iho i ōna tikanga, i ōna mātauranga, xxx xxxx iho hoki ki xxxx reo ki ōna reanga rangatahi. | ||
Acknowledgements | ||
(1) | The Crown acknowledges that, under te Tiriti o Waitangi/the Treaty of Xxx- xxxxx, it undertook actively to protect Māori interests and to confirm and guar- | 40 |
xxxxx xxxx rangatiratanga. The Crown acknowledges that, in its relationship with Ngāti Kuri, it has failed to uphold those promises.
(2) In particular, the Crown acknowledges that it has not always recognised Ngāti Kuri as an iwi, and its failure to respect the rangatiratanga of Ngāti Kuri has been an ongoing grievance. 5
Pre-1865 Crown land purchase
(3) The Crown acknowledges that—
(a) it failed to conduct an adequate investigation of customary interests and did not include Ngāti Kuri when it purchased the 86 885 acre Muriwhe-
nua South block in 1858; and 10
(b) the Muriwhenua South land was over a third of the Ngāti Kuri xxxx and encompassed an entire east-to-west section of the peninsula, but the Crown only reserved 100 acres of the block for future Māori use and took no measures to protect that reserve from alienation; and
(c) in these circumstances the Crown’s egregious failure, through these acts 15
and omissions, to protect Ngāti Kuri interests was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(4) The Crown further acknowledges that Ngāti Kuri received few direct or indi- rect benefits from the Crown acquiring this land. The Crown acknowledges
that it had purchased land in advance of settler demand and that there was little 20
permanent settlement or development of infrastructure, such as roading to link the remainder of the Ngāti Kuri xxxx to developing markets and settlements, in the following decades.
Operation and impact of native land laws
(5) The Crown acknowledges that— 25
(a) Ngāti Kuri traditionally held their land and resources under customary tenure where tribal and hapū collective ownership was paramount; and
(b) from 1865 the Crown imposed a new land tenure system, without con- sulting Ngāti Kuri, by giving rights to individuals and allowing for the conversion of aboriginal title to freehold title; and 30
(c) Ngāti Kuri did not consent to the diminution of the laws of their ances- tors, but had little option but to operate within the Crown’s new land laws.
(6) The Crown further acknowledges that by 1875 the Native Land Court had ves-
xxx 4 land blocks, totalling 78 000 acres, in 10 or fewer owners, and within a 35
few years most of this land was in private ownership. The Crown acknow- ledges that—
(a) the Crown’s failure to actively protect Ngāti Kuri’s interests in land they may otherwise have wished to have retained in tribal ownership, by fail-
ing to provide an effective form of communal title before 1894, was a 40
breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles; and
(b) its individualisation of land title was inconsistent with Ngāti Kuri tikan- ga, made land more susceptible to partition and alienation, and led to the
fragmentation of land ownership. This contributed to the erosion of the 5 traditional tribal structures, mana, and rangatiratanga of Ngāti Kuri. The Crown’s failure to protect those collective tribal structures had a prejudi-
cial effect on Ngāti Kuri and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Motu o pao 10
(7) The Crown acknowledges that—
(a) its assertion of ownership of Motuopao in 1875, as being surplus Crown lands, was premised on the island being part of the 1840 Muriwhenua transaction; and
(b) in 1871 the Crown abandoned any claim to ownership of the majority of 15
lands within that transaction area; and
(c) in these circumstances, the Crown’s assertion of ownership of Xxxxxxxx was particularly unjust and unreasonable, effectively a compulsory ac- quisition by the Crown without compensation, and a breach of te Tiriti o
Waitangi/the Treaty of Waitangi and its principles. 20
(8) The Crown recognises Motuopao is an ancient burial place and wāhi tapu for Ngāti Kuri. The Crown’s desecration of Motuopao through the building of a lighthouse in 1877 was a source of significant grievance that drew repeated protest from Ngāti Kuri leaders.
Impact of nineteenth century land loss 25
(9) The Crown acknowledges that Crown and private purchasing alienated Ngāti Kuri from over 70% of their ancestral land by 1880, disturbed Ngāti Kuri’s traditional resource use and settlement patterns, and severely limited their eco- nomic opportunities. This left Ngāti Kuri whānau dependent on a precarious
cash economy based around gum digging. 30
Loss of control of Pārengarenga and Pākohu lands
(10) The Crown acknowledges that—
(a) in 1896, on the application of a single individual, ownership of almost all the remaining customary land in the Ngāti Kuri xxxx (the approxi-
mately 60 000-acre Pārengarenga and Pākohu blocks) was awarded by 35
the Native Land Court to over 500 individuals; and
(b) the crippling cost of surveying the land for the court’s process left those owners with substantial survey debts and at risk of losing the land; and
(c) the Crown’s intervention in 1904 to stop the owners permanently losing
the land resulted in the Crown-appointed Māori Land Board having 40
complete authority over almost all Ngāti Kuri’s remaining lands while the land was leased to private parties to pay the survey debt; and
(d) the survey debt was repaid by 1910 and its subsequent failure to return control of the land to the owners for more than 3 decades, despite repea-
xxx appeals from the owners for increased control over their land, was a 5 breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(11) The Crown acknowledges that,—
(a) under the administration of the Māori Land Board, Ngāti Kuri were largely reduced to living on 3 small reserves, totalling less than 2 000 acres; and 10
(b) neither absentee nor resident owners received any on-payment of the rent the Land Board accumulated from leasing their other lands; and
(c) when the Crown approved the Board using the accumulated funds to as- sist development of Xx Xxx lands, with the intention of assisting Te Hā-
pua later, this disparity of approach was a source of grievance for Ngāti 15
Xxxx and gave rise to tension with their whanaunga; and
(d) the Crown was slow to provide basic infrastructure for Ngāti Kuri’s re- maining lands. Ngāti Kuri’s main papakāinga at Te Hāpua did not have a consistent water supply or all-weather road access for too long; and
(e) the lack of infrastructure, combined with poor housing, insufficient ara- 20 ble land, and restricted economic opportunities, left Ngāti Kuri extreme-
xx impoverished and suffering significant economic hardship; and
(f) Ngāti Kuri had little access to adequate healthcare over a prolonged period, when nearly a quarter of the children at Te Hāpua died before
they reached the age of 5 and the community suffered malnutrition and 25
diseases such as typhoid and tuberculosis; and
(g) living conditions at Te Hāpua were the subject of national concern and repeated Crown inquiries in the 1920s and 1930s, with Ngāti Kuri lead- ers appealing to the Crown to either purchase adjoining private land suf-
ficient to sustain them or provide the development assistance to enable 30
the development of the adjoining lands that remained under Land Board control; and
(h) at this time development assistance was available to other New Zealand- ers, including other Māori on Te Hiku peninsula, and the Crown’s selec-
tivity in providing assistance to others but not to Ngāti Kuri is a continu- 35 ing grievance for the iwi; and
(i) it concluded that the lands were unsuitable for development and pursued a policy of encouraging Ngāti Kuri to leave Te Hāpua.
(12) The Crown acknowledges that these policies and lack of economic opportunity
led many whānau and working-age Ngāti Kuri to leave. The displacement of 40
Ngāti Kuri people impeded inter-generational transfer of mātauranga (tradition-
al knowledge) and contributed to a decline in the use of te reo Māori. Aliena- tion from the land also impeded the ability of Ngāti Kuri to exercise their cul- tural responsibility to provide manaakitanga and exercise kaitiakitanga.
(13) The Crown acknowledges that the people of Ngāti Kuri remained resilient in
the face of these prejudicial circumstances and continued to work together to 5 develop their land and economy to retain the iwi at Te Hāpua.
Development schemes
(14) The Crown also acknowledges that when it finally provided development as- sistance for the Pārengarenga lands in the 1950s—
(a) Ngāti Kuri were once again deprived of control of their land for decades 10 while the land was under development; and
(b) the Māori Trustee actively pursued the purchase of individual shares from owners and, as a result, today the Māori Trustee retains a signifi- cant shareholding in the Pārengarenga incorporation.
(15) The Crown acknowledges that it promoted legislation to empower the Māori 15 Trustee to compulsorily acquire shareholdings it considered to be uneconomic
from Māori owners. The Crown acknowledges that this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles, which affected owners of the Pākohu and Pārengarenga blocks and deprived some Ngāti Kuri of their last
connection to their tūrangawaewae. 20
(16) The Crown acknowledges that Ngāti Kuri still feel the legacy of nineteenth and twentieth century land laws, which resulted in many Ngāti Kuri being excluded from connection to their tribal lands.
(17) The Crown acknowledges that many of those lands the people of Ngāti Kuri retain today are retained as individual shareholdings in incorporations, which 25
hold land in a form of corporate, rather than tribal, title. This is inconsistent with, and does not adequately provide for or reflect, Ngāti Kuri tikanga.
Impact on resource use
(18) The Crown acknowledges that in the 1960s and 1970s it purchased several large blocks in the Ngāti Kuri xxxx from private ownership and subsequently 30
converted them to public reserves. This further restricted Ngāti Kuri use of and access to their mahinga kai and wāhi tapu.
(19) The Crown acknowledges that in the 1960s it wished to establish the Spirits Bay public campground and pressured Ngāti Kuri to leave the Kapowairua pa-
pakāinga they had occupied for generations by fencing off their living areas. 35 The Crown particularly acknowledges that the resulting eviction of Ngāti Kuri
from Kapowairua caused great spiritual and emotional pain to Ngāti Kuri.
(20) The Crown acknowledges—
(a) the importance to Ngāti Kuri of whenua, waterways, moana and maunga
as part of their identity and as resources critical to their physical and cul- 40 tural sustainability; and
(b) that land clearance and alienation has led to the destruction of important habitats for indigenous species of significance to Ngāti Kuri, such as pū- pūharakeke; and
(c) that alienation from the land has restricted the ability of Ngāti Kuri to sustain and develop their own cultural knowledge or to exercise the pro- 5 tective authority of kaitiakitanga over many of those resources and taon-
ga; and
(d) that Ngāti Kuri were not consulted when the Crown extended its control of natural resources to include minerals and that Ngāti Kuri remain ag-
grieved by the Crown’s assumption of control. 10
(21) The Crown acknowledges the harmful effects on Ngāti Kuri of a state educa- tion system that for too long did not value Māori cultural understandings, dis- couraged the use of te reo Māori, and generally held low expectations for Māori academic achievement.
(22) The Crown acknowledges that, despite the Crown’s failures to honour its obli- 15 gations under te Tiriti o Waitangi/the Treaty of Waitangi, Ngāti Kuri have shown exemplary loyalty as citizens of our nation, including making the ultim-
ate sacrifice in defence of New Zealand in overseas wars.
(23) Today, most Ngāti Kuri live outside their traditional xxxx. The Crown acknow- ledges that the cumulative effects of its actions and omissions left Ngāti Kuri 20
without suitable and sufficient land for their present and future needs and that this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its prin- ciples.
(24) The Crown acknowledges that over the generations to the present day its ac-
tions have undermined the basis of Ngāti Kuri society and autonomy and have 25
not been consistent with the honour of the Crown. The Crown acknowledges that redress for Ngāti Kuri for these wrongs is long overdue.
Ngā Whakaaetanga ā te karauna
(1) E whakaae xxx Te Karauna, i raro i te Tiriti ō Waitangi xx xxxx mahi he tino
tiaki i xxx xxxx Māori, ki te whakapūmau hoki i xx xxxx rangatiratanga ō te 30
Māori. E whakaae xxx Te Xxxxxxx xxxxx i tutuki i ā rātou ēnei kī taurangi.
(2) E whakaae xxxx xxx te Karauna i hapa ia, i xxxx kore i āta aro ki a Ngāti Kuri ā iwi nei, mē xxxx hapa anō ki te whakamana mē te whakaae atu ki te rangatiratanga ō Ngāti Kuri, i noho ai hei whakamauāhara, ā, moroki noa nei.
Ngā Whenua i Hokona e Te Karauna i mua i te tau 1865 35
(3) E whakaae xxx Te Karauna—
(a) i hē xxxx whakahāere i ngā whakaritenga e pā xxx ki xxx pānga whenua, otirā i hapa Te Karauna i te mahuetanga i a ia ō Ngāti Kuri ki waho ō ngā whakaritenga ō xx xxxx ō te poraka Muriwhenua South 86 885 eka i
te tau 1858; ā 40
(b) neke atu i te tahi toru ō te whenua ō Muriwhenua South nō Ngāti Kuri, arā ko xx xxxxx ō te kūrae mai i te rāwhiti ki te uru. 100 eka ō te poraka i wehea ē Te Karauna ki te Māori, kāore hoki i whakarite tikanga kia kaua ai taua whenua rāhui e riro noa i a huhua; ā;
(c) nā roto mai ō ēnei āhuatanga mē te xxxx xxx kore ō Te Karauna, mā roto 5 atu i ēnei mahi mē ōna hapa ki te āta tiaki i ngā pānga ō Ngāti Kuri, ka noho ēnei hei parahuhu i ngā mātāpono ō Te Tiriti ō Waitangi.
(4) Waihoki, e whakaae xxx Te Karauna e iti xxx xxx xxx xxx, xxx painga rānei i taka mai ki ā Ngāti Kuri i te rironga ō ēnei whenua i Te Karauna. E whakaae
xxx Xx Xxxxxxx i hokona ē ia ēnei whenua i mua noa anō i ngā tono ā tauiwi. Iti 10 noa anō te noho tuturu, te hanga huarahi e hono atu ai te toenga o xx xxxx ō Ngāti Kuri ki ngā mākete mē ngā nohoanga pākehā, i ngā tau whai muri mai.
Te mahi me te hua o Ngā Ture Whenua Māori
(5) E whakaae xxx Te Karauna—
(a) I xxx xxxx a Ngāti Kuri ki ōna whenua me ōna rauemi i raro i te tikanga 15 Māori, arā xx xxxx kaupapa mataamua nō te iwi, nō te hapū rānei te mana ki te whenua; ā
(b) mai i te 1865 ka whakanohoia e Te Karauna he tikanga whenua hou, kāore ia i āta kōrero ki a Ngāti Kuri, me te aha, ka hoatu tikanga ki te takitahi me te tuku i te whenua mai te mana taketake ki te kaupapa 20 taitara herekore; ā
(c) Kore rawa a Ngāti Kuri i whakaae ki te whakarūhītanga o ngā tikanga ā ō rātou mātua tūpuna, otirā kāore he huarahi atu i te whai i ngā ture whenua hou a Te Karauna.
(6) E whakaae xxx anō hoki Te Karauna arā, xxx xxxx mai ki te tau 1875 kua oti kē 25 i xx Xxxxx Whenua Māori te tuku ō te tokowhā ō ngā poraka, xxx xxxxx 78 000
eka ki ngā tāngata tekau, iti iho rānei, ā, i roto i ngā tau poto noa, ko te nuinga o tēnei whenua ka riro ki te āhuatanga tūmataiti. E whakaae xxx Te Karauna—
(a) ki te hapa ā Te Karauna ki xx xxxx tiaki i ngā pānga ō Ngāti Kuri i ngā whenua tērā pea e hiahia ai rātou ki a mau tikanga ā iwi tonu xxxx xxxx. 30 Nā te kore i whakarite i tētahi tikanga āhuatanga Māori i mua i te 1894,
ka noho tēnei hei hapa e pā xxx ki xxx mātāpono ō te Tiriti ō Waitangi; ā
(b) xx xxxx whakatakitahitanga i te taitara whenua kore rawa i hāngai ki ngā tikanga ō Ngāti Kuri, otirā ka noho pānekeneke te āhua ō te whenua e
xxxx xxxxxx ai te kārawarawa, xx xxxx, ko xxxx xxxxxx atu ko te 35 wāwāhitanga ō ngā tikanga Māori e pā xxx ki te whenua. Nō konei ka
kitea te whakangoikoretanga ō ngā tikanga ā iwi, te mana mē te rangatiratanga hoki ō Ngāti Kuri. Ko te hapa ā Te Karauna ki te tiaki i aua tikanga ā iwi kā tū hei whakararu i te noho ā Ngāti Kuri, ka mutu, he
tino hapa rawa tēnei nō ngā mātāpono ō te Tiriti ō Waitangi. 40
Motuopao
(7) E whakaae xxx Te Karauna—
(a) i xxxx kauhau whai take ki Motuōpao i te tau 1875, xx xxxxx i te pōhēhē he wāhanga tērā moutere nō roto i ngā whiriwhiri e pā xxx ki
Muriwhenua i te tau 1840; ā 5
(b) i te tau 1871 ka unuhia e Te Karauna xxx takunga ki xxxx mana e pā xxx ki xxx whenua i roto i xxxx xxxx; ā
(c) nā roto mai i ērā āhuatanga, ki te kauhau ā Te Karauna ki xxxx whai pānga ki Motuōpao, he mahi tūkino, he take kore, otirā he hao nā Te Karauna arā, he takahi, he hapa rānei i ngā mātāpono ō te Tiriti ō 10
Waitangi.
(8) E whakaae xxx Xx Xxxxxxx he urupā tahito, arā he wāhi tapu nō Ngāti Kuri a Motuōpao. Ko tētahi atu mōteatea nui ko te tūkinotanga o Motuōpao e Te Karauna i te hanganga i te whare tūrama i te tau 1877, i hua mai ai nga tohenga
nui whakahē ā ngā rangatira ō Ngāti Kuri ki taua āhua. 15
Ko ngā whakawhiu ō ngā rironga whenua ō xx xxx tau tekau mā iwa
(9) E whakaae xxx Te Karauna ko ngā hokohoko xxx mē ērā ā te tangata tumataiti te take i wehea mai ai i a Ngāti Kuri i runga atu i te 70 ōrau o ō rātou whenua tūpuna xxx xxx ki te tau 1880. Nā konā ka whakararua ngā tikanga tuku iho tae
atu hoki ki ō rātou kāinga taupua, ki ō rātou kāinga taupuni. I pā kaha te kore 20
āheinga ō rātou kia whai oranga ai rātou. Ka noho ko te keri kāpia me xxxx xxxx pānekeneke te huarahi mahi moni ai xxxx.
Te rironga o te mana whakahāere i ngā whenua o Pārengarenga me Pākohu
(10) E whakaae xxx te Karauna—
(a) xx xxxxx i te tono ā te tangata kotahi i te tau 1896, ko te whai pānga tata 25
ki xx xxxxx o xxx whenua tupu i tō rātou xxxx (ara tata ki te 60 000 eka o Pārengarenga mē Pākohu) i whakawhiwhia e xx Xxxxx Whenua Māori ki ngā tāngata takitahi, neke atu i te xxxx xxx xxxxx nei tō rātou tatauranga; ā
(b) ko xx xxxx taimaha o te utu i te rūri o te whenua i raro i ngā whakatau ā te 30
Xxxxx, xx noho hei pīkaunga mā te hunga whai pānga me te māharahara ka riro katoa atu hoki te whenua nā ngā nama nei; ā
(c) nā te uru mai ō Te Karauna i te tau 1904 hei kati i te ngarotanga tuturu katoa atu ō ō rātou whenua, ka whakatūria e Te Karauna ko te Māori Land Board (Te Poari Whenua Māori) kia noho hei mana whakahāere 35
tata ki xx xxxxx ō xxx pitopito whenua ō Ngāti Kuri. I rīhitia ngā whenua nei ki te hunga tūmataiti, kia taea ai te utu i ngā nama rūri; ā
(d) e whakaae xxx anō Te Karauna i ea te nama rūri i te tau 1910, otirā e whakaae xxx ki xxxx taka hē ki te whakahoki i te mana whakahāere ō te whenua ki xxx xxxxx tūturu nuku atu i te toru tekau tau te takaroa, ahakoa 40
ngā tono ngā īnoi ā xxx xxxxx kia xxxxx he wāhanga nui ake ki te
whakahaere i ō rātou whenua ki a rātou, he hapa tēnei i ngā mātāpono ō Te Tiriti ō Waitangi.
(11) E whakaae xxx Te Karauna—
(a) arā i raro i ngā whakahāere ā Te Poari Whenua, ka whakawhāitingia kia noho a Ngāti Kuri ki ētahi rāhui iti e xxxx xxx nei, arā, e 2 000 eka te 5 rahi; ā
(b) kore xxxx xxx hunga i noho i waho mē ēra i noho ki runga i te whenua i utua mō te reti i kohia e Te Poari Whenua xx xxxxx i te rīhi i ētahi atu ō o rātou whenua; ā
(c) i te whakaaetanga ā Te Karauna kia riro mā te Poari e whakamahi ngā 10 putea i kohia ai ki te whakawhanake i ngā whenua ō Xx Xxx, kō tētahi ō
ōna kaupapa he āwhina i Te Hāpua. Nā te kore i pai, i xxxx xxxx ō tēnei whakaaro, ka noho hei kaupapa moteatea mō Ngāti Kuri mē te xxx xxx anō ō te kirikawa i waenga i ā rātou me ō rātou whanaunga; ā
(d) i pōturi rawa Te Karauna ki te whakarite tikanga e pā xxx ki te toenga ō 15 ngā whenua ō Ngāti Kuri. Kāore he painga tuturu ō te puna wai mē te huarahi tōtika mō tētahi wā xxx xxxx i te papakāinga ō Ngāti Kuri i Te Hāpua; ā
(e) nā te kore tikanga tūturu, nā te paparewa ō ngā kāinga, nā te iti ō te whenua haumako, mē te pakeke ō te ara ki te oranga, xx xxxxx a Ngāti 20 Kuri i roto i xx xxxx pōharatanga i xx xxxx pāhekeheke ō ngā āhuatanga ōhanga; ā
(f) he xxx xxxx te wā e iti xxx xxx te whai wāhi atu ō Ngāti Kuri ki ngā kaupapa hauora, nā konā ka kitea te matenga ō te hauwhā ō ngā tamariki
i Te Hāpua i mua i xx xxxxxx ki xxx tau e rima. I pā te ngau ō te mate kai 25 mē ngā momo mate manauhea xxx xxx ki te taipō me te mate kohi; ā
(g) he kaupapa manawapā te āhua o te noho ā te tangata i Te Hāpua mā te motu whānui xxx xxx ki xxx uiui ā te Karauna i ngā tau o te 1920 me te 1930. I mātua īnoi ngā rangatira ō Ngāti Kuri ki Te Karauna kia hokona
ngā whenua tūmataiti e rite xxx xxx oranga mō rātou. Ki te kore tērā, kia 30 āwhinatia rātou ā pūtea ā tohutohu e taea ai te whakawhanake i ngā whenua āpiti e noho xxx i raro i te whakahaere ā te Poari Whenua; ā
(h) i taua wā i whai wāhi atu ētahi atu tāngata o Aotearoa xxx xxx hoki ki ētahi Māori i Te Hiku ki ngā āwhina whakawhanake whenua. Kō te
āwhina ā Te Karauna i ētahi atu ēngari kaua i ā Ngāti Kuri e noho tonu 35 xxx tēnei hei pāmamaetanga mā te iwi; ā
(i) e whakaae xxx Te Karauna xxxx te whakaaro ēhara kē aua whenua i te whenua haumako hei whakawhanaketanga, ka whai kē rātou i te huarahi whakahau kia whakarērea a Te Hāpua e Ngāti Kuri.
(12) E whakaae xxx Te Karauna nā ēnei kaupapa mē te kore ara tūturu ki te 40 orangatanga mō Ngāti Kuri, he maha ngā whānau mē te hunga e āhei xxx ki te
mahi ō roto i ā Ngāti Kuri i wehewehe atu i o rātou whenua. Nā tēnei wehewehenga ō ngā whānau ō Ngāti Kuri ka pakeke, ka uaua te whakawhitiwhiti i tō rātou mātauranga Māori, nō konā ka tāmatemate hāere te āheinga ki te kōrero i Te Reo Māori. Kō ngā tikanga manaakitanga mē te whakaū i te kaupapa kaitiakitanga i waimāero nā te wehenga mai ō Ngāti Kuri i 5 ōna whenua.
(13) E whakaae xxx Te Karauna, arā, ahakoa ngā āhuatanga whakararu i ā rātou, i noho tonu te iwi ō Ngāti Kuri i roto i xxxx manawanui ki te mahi tahi ki te whakawhanake i tō rātou whenua me ōna kaupapa oha kia xxx xxxx xx xxxx iwi
ki Te Hāpua. 10
Ngā kaupapa whakawhanake
(14) E whakaae xxx anō Te Karauna i ā ia ka whakaae ki te tuku āwhina whakawhanake mō ngā whenua ō Pārengarenga i ngā tau ō te 1950—
(a) Ka tangohia anō te mana whakahāere ō Ngāti Kuri i ō rātou whenua i te
wā ō te whakawhanaketanga i ō rātou whenua; ā 15
(b) i tahuri te Katitiaki Māori ki te hokohoko i ngā hea o ia tangata, ā, i te otinga, xxx xxx mai ki tēnei rā he wāhanga nui tonu ō ngā hea ō te kaporeihana ō Pārengarenga kei roto i ō te Kaitiaki Māori ringaringa.
(15) E whakaae xxx Te Karauna i whakahaua e ia te whakatakoto ture kia āhei ai Te Kaitiaki Māori ki te tango noa i ngā pānga hea, e ai ki ā ia e noho hua kore xxx, 20
mai xxx xxxxx Māori. E whakaae xxx Te Karauna he hapa tēnei i ngā mātāpono ō Te Tiriti ō Waitangi, i pākaha ai ki xxx xxxxx ō xxx whenua o Pākohu me Pārengarenga. Ko te otinga iho i wehea motuhake ētahi ō Ngāti Kuri mai i tō rātou tūrangawaewae.
(16) E whakaae xxx Te Karauna kei xx xxxxx tonu a Ngāti Kuri i ngā mamae i ngā 25
kōhuki i whiua ki runga i a rātou e ngā ture o xx xxx tau rua tekau, otirā i wehea mai ai a Ngāti Kuri i ō rātou whenua tupu.
(17) E whakaae xxx Te Karauna ko te maha ō ngā whenua e xxx xxxx xxx i te iwi ō Ngāti Kuri he hea takitahi kei ngā kaporeihana xxxxx xx i raro i te taitara iwi. Kāore tēnei i xx xxxxxx, ā, e kore anō hoki e whai wāhi xxx xxx ki roto i ngā 30
tikanga ō Ngāti Kuri.
Xxx xxxx i pā ki te whakamahi i a rātou rauemi
(18) E whakaae xxx Te Karauna i ngā tau ō te 1960 me te 1970 i hokona e ia ētahi poraka whenua rahi i xx xxxx ō Ngāti Kuri mai i te tangata tūmataiti, ka tohua
hei whenua rāhui tūmatanui. Na tērā mahi ka taparere te āhua e whai wāhi atu 35
ai a Ngāti Kuri ki ō rātou mahinga kai, ki ō rātou wahi tapu.
(19) E whakaae xxx Te Karauna, i ngā tau ō te 1960 xx xxxx hiahia ki te whakatū puni tūmatanui ka aruarutia a Ngāti Kuri kia xxxx i te papakāinga o Kapowairua, he kāinga i nohoia ai e rātou i ngā whakatupuranga maha, arā ka
taiepatia atu rātou ki waho i ō rātou papakāinga. E tino whakaae xxx Te 40
Karauna nā te pananga ō Ngāti Kuri mai i Kapowairua ka tau ki runga i ā rātou ko te wairua parure, ko te ngākau mamae kino.
(20) E whakaae xxx Te Karauna—
(a) ki te hiranga nui ki a Ngāti Kuri ō ngā whenua, ngā awa, te moana mē
ngā maunga i roto i te whakaaro Māori ki ēnei mea xxxxx xxx, “ko koe 5 au, ko au koe.” Otirā, he rauemi ēnei e pā kaha xxx ki te xxxxxx xxxxxx ki
te oranga wairua ki tō rātou ahurea tikanga; ā
(b) ko te whakahorehore i te whenua i ōna kakahu ake, me te tauhoko hoki i aua whenua xx xxx xxx xx te haepapatanga i xxx xxxx ō xxx kararehe
mē ngā ngārara i whakaaronui atu ai a Ngāti Kuri, arā pēnei me te 10 pūpūharakeke; ā
(c) na te wehenga ō Ngāti Kuri i ō rātou whenua ka whāiti te āheinga ō Ngāti Kuri ki te whakawhanake i ō rātou mātauranga ahurea, ki te whakaū i te mana kaitiakitanga i runga i te maha ō ngā rauemi mē ngā tāonga; ā 15
(d) waihoki xxxxx Xx Karauna i kōrero, i haere rānei ki te whakawhitiwhiti whakaaro mē Ngāti Kuri i te wā i whakawhānuitia ai e Te Karauna tōna mana kī ngā rauemi tae atu ki ngā manawa whenua, e noho pāmamae tonu nei a Ngāti Kuri i te rironga o te mana whakahāere ō ēnei mea i Te
Karauna. 20
(21) E whakaae xxx Te Karauna ki ngā taimahatanga i whiua ē ia ki runga i ā Ngāti Kuri mā roto atu i xxx xxxx kāwanatanga, kāore nei aua momo kura i aro ki ngā tikanga ahurea Māori, kāore i āwhina ki te whakawhanake i Te Reo Māori me te aha, kāore hoki i whakapono ka taea e te Māori ngā mahi whai mātauranga.
(22) E whakaae xxx Te Karauna ahakoa ōna hapa ki te xxxxxxxxxxx xx xx 00
whakatinana hoki i ngā whakahau ō Te Tiriti ō Waitangi, i rangatira tonu te kawe ā Ngāti Kuri i a rātou ā iwi nei, ā tangata Aotearoa hoki, xxx xxx anō ki te haere ki te tinei i xx xxxx o te ahi i ngā pakanga nui, iti hoki o te aō.
(23) Xxx xxxx atu i tō rātou kāinga tuturu te nuinga o Ngāti Kuri e noho xxx i ēnei
rā. E whakaae xxx Te Karauna nā roto atu i ōna hapa, i xxx mahi hoki xx xxxxx 30
a Ngāti Kuri i roto i te ahuatanga i uaua, i pakeke ai hoki ki a rātou kia whai oranga mō ēnei rā mē ngā rā kei te tū mai i mua i o rātou aroaro. He hapa rawa tēnei i ngā mātāpono ō Te Tiriti ō Waitangi.
(24) E whakaae xxx Te Karauna, i roto mai i ngā whakatupuranga xxx xxx mai ki
ēnei rā, nā ōna mahi ka whakarūhi nuitia te ahurea me te mana o Ngāti Kuri, 35
waihoki kāore i whai i te āhua rangatira e tika xxx ma Te Karauna. E whakaae xxx Te Karauna kua roa rawa te wā e xxxxxx xxx a Ngāti Kuri i te puretumu mo ēnei hapa.
To nga uri o Ngāti Kuri, to the ancestors, those here today, and those who are 40
yet to come, the Crown makes the following apology:
(1) The Crown unreservedly apologises for its failure to appropriately recognise and respect the mana and rangatiratanga of Ngāti Kuri. This was unprincipled and has left Ngāti Kuri almost invisible as an iwi in the history of Te Hiku o Te Ika.
(2) The Crown profoundly regrets its breaches of te Tiriti o Waitangi/the Treaty of 5 Waitangi and its principles, which have had an enduring impact on Ngāti Kuri. The Crown is deeply sorry it has not acted with the utmost good faith towards Ngāti Kuri in a manner consistent with the honour of the Crown.
(3) These omissions restricted Ngāti Kuri’s ability to act as kaitiaki over their taon-
ga, wahi tapu, and whenua, and the compounding effects of successive flawed 10 land laws progressively undermined their traditional tikanga and rangatira- tanga. The Crown regrets the prejudice Ngāti Kuri have suffered as a result, in- cluding being marginalised on their ancestral lands, and a loss of tribal authori-
ty, social cohesion, traditional knowledge, and ability to develop economically.
(4) The Crown unreservedly apologies for the cumulative effects of its ongoing ac- 15 tions and omissions, which contributed to Ngāti Kuri suffering significant population losses and left the people in poverty, poor housing, and deep dis-
tress over successive generations.
(5) With this settlement the Crown seeks to atone for these acknowledged injusti-
ces and begin the process of reconciliation. The Crown intends, in the utmost 20 good faith, from this point forward to begin a renewed and enduring relation-
ship with Ngāti Kuri based on mutual trust, commitment, co-operation, and re- spect for te Tiriti o Waitangi/the Treaty of Waitangi and its principles. This is done in the spirit of establishing a new and invigorated relationship based on
mutual dignity and respect. 25
Te Whakapāha ā Te Karauna
Ki ngā uri ō Ngāti Kuri, ki xxx xxxxx tūpuna, ki a koutou kei konei i tēnei rā, ki ērā kāore anō kia whānau mai, ko ia tēnei ko te whakapāha ā Te Karauna—:
(1) E whakatakoto herekore xxx Te Xxxxxxx x xxxx whakapāha mō ōna hapa, mō
xxxx hē, ki te kore ōna i āta whakamana, whakarangatira hoki i a Ngāti Kuri. 30 He āhuatanga mātāpono kore tēnei, waihoki ka noho a Ngāti Kuri ānō he “kanohi kitea kore,” i roto i ngā kōrero i ngā whakapapa ō te ahurea ō Te Hiku
ō Te Ika.
(2) E hohonu xxxx xxx te pōuri ō Te Karauna mō xxx takahitanga i ngā mātāpono ō
Te Tiriti ō Waitangi, e noho nei hei mamaetanga mō Ngāti Kuri. E kaha 35
whakapāha xxx Te Karauna, kāore i rangatira tuturu xxx mahi ki a Ngāti Kuri.
(3) Na roto i ēnei hapa, kāore i taea e Ngāti Kuri te āta whakatutuki i tā te kaitiaki mahi i ngā tāonga, i xxx xxxx tapu me te whenua. Waihoki, ko te āki mai ā ngā ture whenua hē, ka tārehua hāeretia te mana o ō tikanga mē tōu rangatiratanga.
E whakapāha xxx Te Karauna i te whakahāweatanga i a Ngāti Kuri nā roto atu i 40
te wehewehe mai i ā koutou i ō koutou whenua tupu, te takahi i te mana ō te iwi, te wehewehe tikanga, te wehewehe tangata, te ngaromanga ō te
mātauranga Māori, me te whakapakeke i te huarahi hei whakawhanake ōhanga mō koutou.
(4) E whakatakoto herekore xxx Te Xxxxxxx x xxxx whakapāha ki ngā huakore ō xxx mahi me ōna hapa, i pākia kinotia ai a Ngāti Kuri, arā ko te ngaro tangata,
ko xx xxxxxx, xx xxx whare paea me te noho xxxx xxx i roto i te kohuki. 5
(5) Mā roto atu i tēnei whakataunga e whai xxx Te Karauna i te huarahi hei whakatika i ōna hē, kua whakaae nei ia ki aua hē, otirā e taea ai inaianei te whai i te huarahi ō te whakatau hoahoa ō te whakakotahi anō i ngā whakaaro ō Ngāti Kuri mē Te Karauna. Ko te takune ō Te Karauna, i roto i xx xxxx pono,
mai tēnei wā, ko te waihanga i tētahi whakawhanaungatanga tūturu mē Ngāti 10
Kuri xx xxxx tūāpapa ko te ngākau kotahi, ko te whakamaunga pono, ko te tautoko, me te whakaute i Te Tiriti ō Waitangi me ōna mātāpono. Ka mahia tēnei i roto anō i te whakaaro kia tīmataria anō he whakawhanaungatanga hou, kaha hoki, xx xxxx tūāpapa ko te kawe i te whakaaro rangatira me te whakaute.
11 Interpretation of Parts 1 to 3 generally
It is the intention of Parliament that the provisions of Parts 1 to 3 are inter- preted in a manner that best furthers the agreements expressed in the deed of settlement.
In Parts 1 to 3, unless the context otherwise requires,—
administering body has the meaning given in section 2(1) of the Reserves Act 1977
aquatic life has the meaning given in section 2(1) of the Conservation Act 1987 25
attachments means the attachments to the deed of settlement
Aupouri Forest has the meaning given in section 136
commercial redress property has the meaning given in section 136
common marine and coastal area has the meaning given in section 9(1) of
the Marine and Coastal Area (Takutai Moana) Act 2011 30
computer register—
(a) has the meaning given in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and
(b) includes, where relevant, a certificate of title issued under the Land Transfer Act 1952 35
consent authority has the meaning given in section 2(1) of the Resource Man- agement Act 1991
conservation area has the meaning given in section 2(1) of the Conservation Act 1987
conservation management plan has the meaning given in section 2(1) of the Conservation Act 1987
conservation management strategy has the meaning given in section 2(1) of 5 the Conservation Act 1987
Crown has the meaning given in section 2(1) of the Public Finance Act 1989
Crown forest land has the meaning given in section 136
Crown forestry licence has the meaning given in section 136
cultural redress property has the meaning given in section 22 10
deed of settlement—
(a) means the deed of settlement dated 7 February 2014 and entered into—
(i) by the Honourable Xxxxxxxxxxx Xxxxxxxxx, Minister for Treaty of Waitangi Negotiations, and the Honourable Xxxxx Xxxxxxx Xxx-
xxxx, Minister of Finance, for and on behalf of the Crown; and 15
(ii) by Xxxxx Xxxxxxxxx Xxxxx, Xxxxxxxxx Xxxxxx, Xxxxxxxx Xxxx- xxx, Xxxxxxxx Xxxxx Xxxxxx, Xxx Xxxxxxxxxxx, Xxxxx Xxxxx Xxxxx, Xxxxxx Xxxx, Xxxxxxx Xxxxx Xxxxxx, Xxxxxx Xxxx Xxxxx, Xxxxx Xxxxxxx Xxxxxxxxx, and Xxxxxxx Xxxx Xxxxxx for and on be-
half of Ngāti Kuri; and 20
(b) includes—
(i) the schedules of, and attachments to, the deed; and
(ii) any amendments to the deed, or to its schedules and attachments
Director-General means the Director-General of Conservation
documents schedule means the documents schedule of the deed of settlement 25
effective date means the date that is 6 months after the settlement date
Historic Places Trust has the meaning given to Trust in section 2 of the His- toric Places Act 1993
historical claims has the meaning given in section 14
interest means a covenant, easement, lease, licence, licence to occupy, tenancy, 30
or other right or obligation affecting a property
korowai means the conservation redress provided for in the deed of settlement and in subpart 3 of Part 2
LINZ means Land Information New Zealand
local authority has the meaning given in section 5(1) of the Local Government 35
Act 2002
member of Ngāti Kuri means an individual referred to in section 13(1)
NgāiTakoto and Te Rūnanga o NgāiTakoto have the meanings given in sec- tions 396 and 397 of Parts 8 to 10
Ngāti Kahu and Ngāti Kahu governance entity mean, respectively, the iwi known as Ngāti Kahu and the governance entity of that iwi
Ngāti Kuri has the meaning given in section 13 5
Ngāti Kuri area of interest and area of interest mean the area set out in part 1 of the attachments
Peninsula Block has the meaning given in section 136
property redress schedule means the property redress schedule of the deed of settlement 10
regional council means the Northland Regional Council as named in Part 1 of Schedule 2 of the Local Government Act 2002
Registrar-General means the Registrar-General of Land appointed under in accordance with section 4 of the Land Transfer Act 1952
representative entity means— 15
(a) the trustees of Te Manawa O Ngāti Kuri Trust; and
(b) any person (including any trustee) acting for or on behalf of—
(i) the collective group referred to in section 13(1)(a); or
(ii) 1 or more of the whānau, hapū, or groups referred to in section 13(1)(c); or 20
(iii) 1 or more members of Ngāti Kuri
reserve has the meaning given in section 2(1) of the Reserves Act 1977
reserve property has the meaning given in section 22
resource consent has the meaning given in section 2(1) of the Resource Man- agement Act 1991 25
RFR means the right of first refusal provided for in subpart 4 of Part 3
RFR date, RFR land, balance RFR land, exclusive RFR land, and shared RFR land have the meanings given in section 152
RFR period has the meaning given in section 152
settlement date means the date that is 60 working days after the date on which 30
Parts 1 to 3 come into force
statutory acknowledgement has the meaning given in section 109
Te Aupouri and Te Rūnanga Nui o Te Aupouri Trust have the meanings giv- en in sections 191 and 192 of Parts 4 to 7
Te Hiku o Te Ika iwi— 35
(a) means any or all of the following:
(i) Ngāti Kuri:
(ii) Te Aupouri:
(iii) NgāiTakoto:
(iv) Te Rarawa; and
(b) includes Ngāti Kahu if Ngāti Kahu participates in the redress provided
by or under— 5
(i) subparts 2 and 3 of Part 2 (which relate to Te Oneroa-a-Tohe redress and the korowai); and
(ii) subpart 4 of Part 3 (which relates to the RFR redress)
Te Hiku o Te Ika iwi governance entities and governance entities—
(a) mean the governance entity of any or all of the following: 10
(i) Ngāti Kuri:
(ii) Te Aupouri:
(iii) NgāiTakoto:
(iv) Te Rarawa; and
(b) include the governance entity of Ngāti Kahu if Ngāti Kahu participates 15
in the redress provided by or under—
(i) subparts 2 and 3 of Part 2 (which relate to Te Oneroa-a-Tohe redress and the korowai); and
(ii) subpart 4 of Part 3 (which relates to the RFR redress)
Te Manawa O Ngāti Kuri Trust and Te Manawa mean the trust of that name 20
established by trust deed dated 7 February 2014
Te Rarawa and Te Rūnanga o Te Rarawa have the meanings given in sec- tions 576 and 577 of Parts 11 to 13
tikanga means customary values and practices
trustees of Te Manawa and trustees means the trustees of Te Manawa acting 25
in their capacity as trustees of the Te Manawa O Ngāti Kuri Trust
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 Sunday, the follow- 30 ing 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 days observed as the anniversaries of the provinces of Auckland and Wellington. 35
(1) In Parts 1 to 3, Ngāti Kuri—
(a) means the collective group of individuals who are descended from 1 or more Ngāti Kuri tupuna; and
(b) includes those individuals; and
(c) includes any whānau, hapū, or group to the extent that it is composed of those individuals, including the following: 5
(i) Ngāti Kaha:
(ii) Te Xxxx:
(iii) Whakakohatu:
(iv) Ngāti Waiora:
(v) Xx Xxxxx: 10
(vi) Ngāti Murikahara:
(vii) Patukirikiri:
(viii) Ringamaui:
(ix) Pohotiare:
(x) Te Xxxx: 15
(xi) Patukohatu.
(2) In this section and section 14,—
customary rights means rights exercised according to tikanga Māori, includ- ing—
(a) rights to occupy land; and 20
(b) rights in relation to the use of land or other natural or physical resources
descended means that a person is descended from another person by—
(a) birth; or
(b) legal adoption; or
(c) Māori customary adoption in accordance with the tikanga of Ngāti Kuri 25
Ngāti Kuri tupuna means an individual who—
(a) exercised customary rights by virtue of being descended from a primary tupuna of Ngāti Kuri; and
(b) exercised the customary rights predominantly in relation to the Ngāti
Kuri area of interest at any time after 6 February 1840 30
primary tūpuna of Ngāti Kuri are—
(a) Pohurihanga of the waka Kurahaupo:
(b) Maieke.
14 Meaning of historical claims
(1) In Parts 1 to 3, historical claims— 35
(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 Ngāti Kuri or a representative entity
had on or before the settlement date, or may have after the settlement date, and 5 that—
(a) is founded on a right arising—
(i) from te Tiriti o Waitangi/the Treaty of Waitangi or its principles; or
(ii) under legislation; or 10
(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 15
(ii) by or under legislation.
(3) The historical claims include—
(a) a claim to the Waitangi Tribunal that relates exclusively to Ngāti Kuri or a representative entity, including each of the following claims, to the ex-
tent that subsection (2) applies to the claim: 20
(i) Wai 41 (Ngati Kuri lands claim):
(ii) Wai 633 (Ngati Kuri claim):
(iii) Wai 739 (Xxxx Xxxxx Xxxxxx Trust):
(iv) Wai 747 (Ngati Kuri Tribal Lands):
(v) Wai 916 (Parengarenga 6 and 7 blocks): 25
(vi) Wai 1692 (Xxxxxx Xxxx o Te Hapua Hāpua Ahikaa claim):
(vii) Wai 1867 (Ngati Kuri (Xxxxx Xxxxxxxx) claim); and
(b) any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Kuri or a representative entity: 30
(i) Wai 22 (Muriwhenua Fisheries and SOE claim):
(ii) Wai 45 (Muriwhenua land):
(iii) Wai 150 (Allocation of Radio Frequencies claim):
(iv) Wai 160 (Guardianship Act claim):
(v) Wai 249 (Ngapuhi Nui Tonu claim): 35
(vi) Wai 262 (Indigenous Flora and Fauna and Cultural Intellectual Property claim):
(vii) Wai 292 (Xx Xxx Lands and Waterways claim):
(viii) Wai 861 (Tai Tokerau District Māori Council Lands):
(ix) Wai 1359 (Muriwhenua Land Blocks claim): 5
(x) Wai 1847 (Ngāti Kuri and Xx Xxxxxxx (Xxxxxxx Xxxxxxx) claim):
(xi) Wai 1980 (Parengarenga 3G Block claim):
(xii) Xxx 2000 (Xxxxxxxx Xxxxxx claim).
(4) However, the historical claims do not include—
(a) a claim that a member of Ngāti Kuri, or a whānau, hapū, or group refer- 10 red to in section 13(1)(c), had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not an an- cestor of Ngāti Kuri; or
(b) a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a). 15
(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.
Historical claims settled and jurisdiction of courts, etc, removed
Settlement of historical claims final | 20 | |
(1) | The historical claims are settled. | |
(2) | The settlement of the historical claims is final, and, on and from the settlement | |
date, the Crown is released and discharged from all obligations and liabilities in | ||
respect of those claims. | ||
(3) | Subsections (1) and (2) do not limit the deed of settlement. | 25 |
(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- | ||
spect of— | ||
(a) the historical claims; or | 30 | |
(b) the deed of settlement; or | ||
(c) this Part or Parts 2 and 3; or | ||
(d) the redress provided under the deed of settlement or this Part or Parts 2 and 3. | ||
(5) | Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other | 35 |
judicial body in respect of the interpretation or implementation of the deed of | ||
settlement or this Part or Parts 2 and 3. |
Amendment to Treaty of Waitangi Act 1975
Amendment to Treaty of Waitangi Act 1975 | ||
(1) | This section amends the Treaty of Waitangi Act 1975. | |
(2) | In Schedule 3, insert in its appropriate alphabetical order “Parts 1 to 3 of the Te Hiku Claims Settlement Act 2014, section 15(4) and (5)”. | 5 |
Certain enactments do not apply | ||
(1) | The enactments listed in subsection (2) do not apply— | |
(a) to a cultural redress property; or | ||
(b) to a commercial redress property; or | 10 | |
(c) to the exclusive RFR land or the shared RFR land on and from the RFR | ||
date for the land; or | ||
(d) for the benefit of Ngāti Kuri or a representative entity. | ||
(2) | The enactments are— | |
(a) Part 3 of the Crown Forest Assets Act 1989: | 15 | |
(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: | ||
(e) sections 8A to 8HJ of the Treaty of Waitangi Act 1975. | 20 | |
Resumptive memorials to be cancelled | ||
(1) | The chief executive of LINZ must issue to the Registrar-General 1 or more cer- | |
tificates that specify the legal description of, and identify the computer register | ||
for, each allotment that— | ||
(a) is all or part of— | 25 | |
(i) a cultural redress property: |
(ii) a commercial redress property:
(iii) the RFR land; and
(b) is subject to a resumptive memorial recorded under any enactment listed
in section 17(2). 30
(2) The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after—
(a) the settlement date, for a cultural redress property or a commercial re- dress property; or
(b) the RFR date applying to— 35
(i) the exclusive RFR land:
(ii) the shared RFR land.
(3) Each certificate must state that it is issued under this section.
(4) As soon as is reasonably practicable after receiving a certificate, the Registrar- General must— 5
(a) register the certificate against each computer register identified in the certificate; and
(b) cancel each memorial recorded under an enactment listed in section 17(2) on a computer register identified in the certificate, but only in re- spect of each allotment described in the certificate. 10
19 Rule against perpetuities does not apply
(1) The rule against perpetuities and the provisions of the Perpetuities Act 1964—
(a) do not prescribe or restrict the period during which—
(i) Te Manawa O Ngāti Kuri Trust may exist in law; or 15
(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- 20 ment, invalid or ineffective.
(2) However, if the Te Manawa O Ngāti Kuri Trust 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
20 Access to deed of settlement
The chief executive of the Ministry of Justice must make copies of the deed of settlement available—
(a) for inspection free of charge, and for purchase at a reasonable price, at
the head office of the Ministry of Justice in Wellington between 9 am 30
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.
21 Provisions of other Acts that have same effect
If a provision in Parts 1 to 3 has the same effect as a provision in 1 or more 35
of Parts 4 to 7, Parts 8 to 10, or Parts 11 to 13, the provisions must be given effect to only once as if they were 1 provision.
Part 2
Cultural redress for Ngāti Kuri
Subpart 1—Vesting of cultural redress properties
In this subpart,— 5
cultural redress property means each of the following properties, and each property means the land of that name described in Schedule 1:
Properties vested in fee simple
(a) | Murimotu Island: | |
(b) | The Pines Block: | 10 |
(c) | Te | |
(d) | Tirirangi Urupā: | |
Properties vested in fee simple subject to conservation covenant | ||
(e) | Mokaikai Pā: | |
(f) | Wairoa Pā: | 15 |
(g) | Wharekawa Pā: | |
Properties vested in fee simple to be administered as reserves | ||
(h) | Kapowairua: | |
(i) | Mokaikai: | |
(j) | Te Raumanuka: | 20 |
(k) | Te Rerenga Wairua: | |
(l) | Mai i Waikanae ki Waikoropūpūnoa (Beach site A): | |
(m) | Mai i Hukatere ki Waimahuru (Beach site B): | |
(n) | Mai i Ngāpae ki Waimoho (Beach site C): | |
(o) | Mai i Waimimiha ki Ngāpae (Beach site D): | 25 |
Lake and lakebed properties vested in fee simple | ||
(p) | bed of Lake Ngākeketo: | |
(q) | Waihopo Lake property |
joint management body means the body to be established under section 55
to manage Beach sites A, B, C, and D 30
jointly vested property means each of the properties named in paragraphs
(a) and (l) to (q) of the definition of cultural redress property
lake means—
(a) the space occupied from time to time by the waters of the lake at their highest level without overflowing its banks; and 35
(b) the airspace above the water; and
(c) the bed below the water
reserve property means each of the properties named in paragraphs (h) to
(o) of the definition of cultural redress property.
5 | ||
Murimotu Island | ||
(1) | The part of Murimotu Island that is a conservation area under the Conservation | |
Act 1987 ceases to be a conservation area under that Act. | ||
(2) | The fee simple estate in the part of Murimotu Island that is not a conservation | |
area (and is not the part of Murimotu Island freed of its status as a conservation | 10 | |
area under subsection (1)) vests in the Crown as Crown land subject to the | ||
Land Act 1948. | ||
(3) | The fee simple estate in Murimotu Island vests as undivided half shares in the | |
specified groups of trustees as tenants in common as follows: | ||
(a) a share vests in the trustees under this section; and | 15 | |
(b) a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust | ||
under section 203 of Parts 4 to 7. | ||
(4) | Subsections (1) to (3) do not take effect until the trustees referred to in sub- section (3) have jointly provided Maritime New Zealand with a registrable | |
lease on the terms and conditions set out in part 6.2 of the documents schedule. | 20 | |
(5) | The Murimoto Island lease is not a subdivision for the purposes of section | |
218(1)(a)(iii) of the Resource Management Act 1991. | ||
(6) | Improvements in or on | |
despite the vestings referred to in subsection (3). | ||
The Pines Block | 25 | |
(1) | The reservation of the Pines Block (being part of Xx Xxxx Recreation Reserve) | |
as a recreation reserve subject to the Reserves Act 1977 is revoked. | ||
(2) | The fee simple estate in the Pines Block vests in the trustees. | |
(3) | Subsections (1) and (2) do not take effect until the trustees have provided | |
the Crown with a registrable right of way easement in gross on the terms and | 30 | |
conditions set out in part 5.19 of the documents schedule. | ||
Te | ||
(1) | This section applies subject to section 26. | |
(2) | The fee simple estate in Te | |
School site B) vests in the trustees. | 35 | |
(3) | Subsection (2) does not take effect until— |
(a) the trustees have provided the Crown with a registrable lease in relation to Te | ||
(b) registrable easements, if any, required by clause 8.5 of the deed of settle- | ||
ment have been entered into. | 5 | |
Vesting and alternative description of Te | ||
specified circumstances | ||
(1) | In this section, Te | |
labelled “A”, “B”, and “C” on the Te | ||
(OTS-088-41) in part 2.2 of the attachments. | 10 | |
(2) | If the board of trustees of Te | |
interest it has in Te | ||
8.3 of the deed of settlement, section 25(2) and (3)(a) applies, but in relation to Te | ||
(3) | However, if the board of trustees of Te | 15 |
xxxxx the beneficial interest it has in Te | ||
vided for in clause 8.3 of the deed of settlement, section 25(2) and (3) ap- plies in relation to Te | ||
Tirirangi Urupā | 20 | |
(1) | The reservation of the Tirirangi Urupā (being part of Xx Xxxx Recreation Re- | |
serve) as a recreation reserve subject to the Reserves Act 1977 is revoked. | ||
(2) | The fee simple estate in the Tirirangi Urupā vests in the trustees. | |
(3) | Subsections (1) and (2) do not take effect until the trustees have provided | |
the Crown with a registrable easement for a right to convey water on the terms | 25 | |
and conditions set out in part 5.18 of the documents schedule. |
Properties vested in fee simple subject to conservation covenant
Mokaikai Pā | ||
(1) | The reservation of Mokaikai Pā (being part of Mokaikai Scenic Reserve) as a | |
scenic reserve subject to the Reserves Act 1977 is revoked. | 30 | |
(2) | The fee simple estate in Mokaikai Pā vests in the trustees. | |
(3) | Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Mokaikai Pā on the terms | |
and conditions set out in part 5.10 of the documents schedule. | ||
(4) | The covenant is to be treated as a conservation covenant for the purposes of— | 35 |
(a) section 27 of the Conservation Act 1987; and | ||
(b) section 77 of the Reserves Act 1977. |
Wairoa Pā | ||
(1) | The reservation of Wairoa Pā (being part of Mokaikai Scenic Reserve) as a | |
scenic reserve subject to the Reserves Act 1977 is revoked. | ||
(2) | The fee simple estate in Wairoa Pā vests in the trustees. | |
(3) | Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Wairoa Pā on the terms and | 5 |
conditions set out in part 5.8 of the documents schedule. | ||
(4) | The covenant is to be treated as a conservation covenant for the purposes of— | |
(a) section 27 of the Conservation Act 1987; and | ||
(b) section 77 of the Reserves Act 1977. | 10 | |
Wharekawa Pā | ||
(1) | The reservation of Wharekawa Pā (being part of Mokaikai Scenic Reserve) as a | |
scenic reserve subject to the Reserves Act 1977 is revoked. | ||
(2) | The fee simple estate in Wharekawa Pā vests in the trustees. | |
(3) | Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Wharekawa Pā on the | 15 |
terms and conditions set out in part 5.9 of the documents schedule. | ||
(4) | The covenant is to be treated as a conservation covenant for the purposes of— | |
(a) section 27 of the Conservation Act 1987; and | ||
(b) section 77 of the Reserves Act 1977. | 20 | |
Properties vested in fee simple to be administered as reserves | ||
Kapowairua | ||
(1) | The reservation of Kapowairua (being part of Xx Xxxx Recreation Reserve) as a | |
recreation reserve subject to the Reserves Act 1977 is revoked. | ||
(2) | The fee simple estate in Kapowairua vests in the trustees. | 25 |
(3) | The | |
| ||
classified as a recreation reserve subject to section 17 of the Reserves Act | ||
1977. | ||
(4) | The reserve referred to in subsection (3) is named Kapowairua Recreation Reserve. | 30 |
(5) | The part of Kapowairua | |
is Section 17 SO 469373 is declared a reserve and classified as a scenic reserve | ||
for the purposes specified in section 19(1)(a) of the Reserves Act 1977. | ||
(6) | The reserve referred to in subsection (5) is named Kapowairua Scenic Re- serve. | 35 |
(7) | Subsections (1) to (6) do not take effect until the trustees have provided the Crown with | |
(a) a registrable right of way easement in gross on the terms and conditions | ||
set out in part 5.12 of the documents schedule; and | 5 | |
(b) a registrable easement for a right to convey water on the terms and con- | ||
ditions set out in part 5.18 of the documents schedule. | ||
(8) | Despite the provisions of the Reserves Act 1977, the | |
(a) | ||
(b) | 10 | |
serves Act 1977. | ||
Mokaikai | ||
(1) | The reservation of Mokaikai (being part of Mokaikai Scenic Reserve) as a | |
scenic reserve subject to the Reserves Act 1977 is revoked. | ||
(2) | The fee simple estate in Mokaikai vests in the trustees. | 15 |
(3) | Mokaikai is declared a reserve and classified as a scenic reserve for the purpo- | |
ses of section 19(1)(a) of the Reserves Act 1977. | ||
(4) | The reserve is named Takapaukura Scenic Reserve. | |
(5) | The Minister of Conservation must provide the trustees with a registrable right | |
of way easement on the terms and conditions set out in part 5.17 of the docu- | 20 | |
ments schedule. | ||
(6) | The easement required by subsection (5)— | |
(a) is enforceable in accordance with its terms, despite Part 3B of the Con- | ||
servation Act 1987; and | ||
(b) is to be treated as having been granted in accordance with Part 3B of that | 25 | |
Act; and | ||
(c) is registrable under section 17ZA(2) of that Act as if it were a deed to | ||
which that provision applied. | ||
(7) | Subsections (1) to (6) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and con- | 30 |
ditions set out in part 5.16 of the documents schedule. | ||
(8) | Despite the provisions of the Reserves Act 1977, the easement required by subsection (5)— | |
(a) is enforceable in accordance with its terms; and | ||
(b) is to be treated as having been granted in accordance with the Reserves | 35 | |
Act 1977. |
Te Raumanuka | ||
(1) | Te Raumanuka ceases to be a conservation area under the Conservation Act | |
1987. | ||
(2) | The fee simple estate in Te Raumanuka vests in the trustees. | |
(3) | Te Raumanuka is declared a reserve and classified as a historic reserve subject | 5 |
to section 18 of the Reserves Act 1977. | ||
(4) | The reserve is named Te Raumanuka Historic Reserve. | |
(5) | Subsections (1) to (4) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and con- | |
ditions set out in part 5.15 of the documents schedule. | 10 | |
(6) | Despite the provisions of the Reserves Act 1977, the easement— | |
(a) is enforceable in accordance with its terms; and | ||
(b) is to be treated as having been granted in accordance with the Reserves | ||
Act 1977. | ||
Te Rerenga Wairua | 15 | |
(1) | The reservation of part of Te Rerenga Wairua (being part of Xx Xxxx Recreation | |
Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked. | ||
(2) | The fee simple estate in Te Rerenga Wairua vests in the trustees. | |
(3) | Te Rerenga Wairua is declared a reserve and classified as a historic reserve | |
subject to section 18 of the Reserves Act 1977. | 20 | |
(4) | The reserve is named Te Rerenga Wairua Historic Reserve. | |
(5) | Subsections (1) to (4) to not take effect until the trustees have provided— | |
(a) a registrable right of way easement in gross in favour of the Minister of | ||
Conservation on the terms and conditions set out in part 5.14 of the | ||
documents schedule; and | 25 | |
(b) a registrable right of way easement in gross in favour of Maritime New | ||
Zealand on the terms and conditions set out in part 5.13 of the docu- | ||
ments schedule; and | ||
(c) a registrable lease to Maritime New Zealand on the terms and conditions | ||
set out in part 6.3 of the documents schedule. | 30 | |
(6) | Despite the provisions of the Reserves Act 1977, the easements and lease re- quired by subsection (5)— | |
(a) are enforceable in accordance with their terms; and | ||
(b) are to be treated as having been granted in accordance with the Reserves | ||
Act 1977. | 35 | |
(7) | Improvements in or on Te Rerenga Wairua do not vest in the trustees, despite the vesting referred to in subsection (2). |
(8) (9) | The right of way easement created by Proclamation 11625 (North Auckland Land District) is cancelled to the extent that it relates to Te Rerenga Wairua. The Registrar-General must note the effect of subsection (8) on Proclamation | |
11625 without any further inquiry. | ||
Mai i Waikanae ki Waikoropūpūnoa | 5 | |
(1) | Any part of Beach site A that is a conservation area under the Conservation Act | |
1987 ceases to be a conservation area under that Act. | ||
(2) | Any part of Beach site A that is Crown forest land under the Crown Forest As- | |
sets Act 1989 ceases to be Crown forest land under that Act. | ||
(3) | The fee simple estate in Beach site A vests as undivided quarter shares in the | 10 |
specified groups of trustees as tenants in common as follows: | ||
(a) a share vests in the trustees under this section; and | ||
(b) a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust | ||
under section 214 of Parts 4 to 7; and | ||
(c) a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 410 of Parts 8 to 10; and | 15 | |
(d) a share vests in the trustees of Te Rūnanga o Te Rarawa under section 610 of Parts 11 to 13. | ||
(4) | Beach site A is declared a reserve and classified as a scenic reserve for the pur- | |
poses specified in section 19(1)(a) of the Reserves Act 1977. | 20 | |
(5) | The reserve is named Mai i Waikanae ki Waikoropūpūnoa Scenic Reserve. | |
(6) | The joint management body established by section 55 is the administering | |
body of the reserve, and the Reserves Act 1977 applies to the reserve as if the | ||
reserve were vested in the body (as if the body were trustees) under section 26 | ||
of that Act. | 25 | |
(7) | Subsection (6) continues to apply despite any subsequent transfer under sec- tion 56. | |
Mai i Hukatere ki Waimahuru | ||
(1) | Any part of Beach site B that is a conservation area under the Conservation Act | |
1987 ceases to be a conservation area under that Act. | 30 | |
(2) | Any part of Beach site B that is Crown forest land under the Crown Forest As- | |
sets Act 1989 ceases to be Crown forest land under that Act. | ||
(3) | The fee simple estate in Beach site B vests as undivided quarter shares in the | |
specified groups of trustees as tenants in common as follows: | ||
(a) a share vests in the trustees under this section; and | 35 | |
(b) a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust | ||
under section 215 of Parts 4 to 7; and |
(c) a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 411 of Parts 8 to 10; and | ||
(d) a share vests in the trustees of Te Rūnanga o Te Rarawa under section 611 of Parts 11 to 13. | ||
(4) | Beach site B is declared a reserve and classified as a scenic reserve for the pur- | 5 |
poses specified in section 19(1)(a) of the Reserves Act 1977. | ||
(5) | The reserve is named Mai i Hukatere ki Waimahuru Scenic Reserve. | |
(6) | The joint management body established by section 55 is the administering | |
body of the reserve, and the Reserves Act 1977 applies to the reserve as if the | ||
reserve were vested in the body (as if the body were trustees) under section 26 | 10 | |
of that Act. | ||
(7) | Subsection (6) continues to apply despite any subsequent transfer under sec- tion 56. | |
Mai i Ngāpae ki Waimoho | ||
(1) | Any part of Beach site C that is a conservation area under the Conservation Act | 15 |
1987 ceases to be a conservation area under that Act. | ||
(2) | Any part of Beach site C that is Crown forest land under the Crown Forest As- | |
sets Act 1989 ceases to be Crown forest land under that Act. | ||
(3) | The fee simple estate in Beach site C vests as undivided quarter shares in the | |
specified groups of trustees as tenants in common as follows: | 20 | |
(a) a share vests in the trustees under this section; and | ||
(b) a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust | ||
under section 216 of Parts 4 to 7; and | ||
(c) a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 412 of Parts 8 to 10; and | 25 | |
(d) a share vests in the trustees of Te Rūnanga o Te Rarawa under section 612 of Parts 11 to 13. | ||
(4) | Beach site C is declared a reserve and classified as a scenic reserve for the pur- | |
poses specified in section 19(1)(a) of the Reserves Act 1977. | ||
(5) | The reserve is named Mai i Ngāpae ki Waimoho Scenic Reserve. | 30 |
(6) | The joint management body established by section 55 is the administering | |
body of the reserve, and the Reserves Act 1977 applies to the reserve as if the | ||
reserve were vested in the body (as if the body were trustees) under section 26 | ||
of that Act. | ||
(7) | Subsection (6) continues to apply despite any subsequent transfer under sec- tion 56. | 35 |
Mai i Waimimiha ki Ngāpae | ||
(1) | Beach site D ceases to be a conservation area under the Conservation Act 1987. |
(2) | The fee simple estate in Beach site D vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: (a) a share vests in the trustees under this section; and | |
(b) a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust | ||
under section 217 of Parts 4 to 7; and | 5 | |
(c) a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 413 of Parts 8 to 10; and | ||
(d) a share vests in the trustees of Te Rūnanga o Te Rarawa under section 613 of Parts 11 to 13. | ||
(3) | Beach site D is declared a reserve and classified as a scenic reserve for the pur- | 10 |
poses specified in section 19(1)(a) of the Reserves Act 1977. | ||
(4) | The reserve is named Mai i Waimimiha ki Ngāpae Scenic Reserve. | |
(5) | The joint management body established by section 55 is the administering | |
body of the reserve, and the Reserves Act 1977 applies to the reserve as if the | ||
reserve were vested in the body (as if the body were trustees) under section 26 | 15 | |
of that Act. | ||
(6) | Subsection (5) continues to apply despite any subsequent transfer under sec- tion 56. | |
Application of Crown forestry licence | ||
(1) | Subsection (2) applies to Beach sites A, B, and C if the property is subject to | 20 |
a Crown forestry licence. | ||
(2) | As long as a Crown forestry licence applies to a Beach site, the provisions of | |
the licence prevail despite— | ||
(a) the vesting of the Beach site as a scenic reserve subject to the Reserves | ||
Act 1977; and | 25 | |
(b) administration of the site by the joint management body established | ||
under section 55. | ||
(3) | Subsection (4) applies to a Beach site if the property is no longer subject to a | |
Crown forestry licence. | ||
(4) | The owners of a Beach site may grant right of way easements over that site to | 30 |
the owners of the Peninsula Block in favour of the Peninsula Block. | ||
(5) | Despite the provisions of the Reserves Act 1977, an easement granted under | |
subsection (4)— | ||
(a) is enforceable in accordance with its terms; and | ||
(b) is to be treated as having been granted in accordance with the Reserves | 35 | |
Act 1977. | ||
(6) | The permission of a council under section 348 of the Local Government Act | |
1974 is not required for laying out, forming, granting, or reserving a private | ||
road, private way, or right of way referred to in subsection (4). |
Lake and lakebed properties vested in fee simple
Bed of Lake Ngākeketo | ||
(1) | The reservation of the bed of Lake Ngākeketo (the recorded name of which is | |
Lake Ngakeketa, being part of Xx Xxxx Recreation Reserve) as a recreation re- | ||
serve subject to the Reserves Act 1977 is revoked. | 5 | |
(2) | The fee simple estate in the bed of Lake Ngākeketo vests as undivided half | |
shares in the specified groups of trustees as tenants in common as follows: | ||
(a) a share vests in the trustees under this section; and | ||
(b) a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust | ||
under section 220 of Parts 4 to 7. | 10 | |
(3) | Subsections (1) and (2) do not take effect until the trustees referred to in subsection (2) have jointly provided the Crown with a registrable covenant | |
in relation to the bed of Lake Ngākeketo on the terms and conditions set out in | ||
part 5.11 of the documents schedule. | ||
(4) | The covenant is to be treated as a conservation covenant for the purposes of— | 15 |
(a) section 27 of the Conservation Act 1987; and | ||
(b) section 77 of the Reserves Act 1977. | ||
(5) | The bed of Lake Ngākeketo is not rateable under the Local Government (Rat- | |
ing) Act 2002, except under section 9 of that Act. | ||
(6) | To avoid doubt, the vesting under subsection (2) does not give any rights to, | 20 |
or impose any obligations on, the trustees in relation to— | ||
(a) the waters of the lake; or | ||
(b) the aquatic life of the lake (other than plants attached to the bed of the | ||
lake). | ||
(7) | To the extent that the bed of Lake Ngākeketo has moveable boundaries, the | 25 |
boundaries are governed by the common law rules of accretion, erosion, and | ||
avulsion. | ||
(8) | In this section, recorded name has the meaning given in section 4 of the New | |
Zealand Geographic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008. | ||
Lake Ngākeketo Recreation Reserve | 30 | |
(1) | The Crown stratum above the bed of Lake Ngākeketo continues to be a reserve | |
and continues to be classified as a recreation reserve subject to section 17 of | ||
the Reserves Act 1977. | ||
(2) | The reserve is named Lake Ngākeketo Recreation Reserve. | |
(3) | In this section, Crown stratum means the space occupied by— | 35 |
(a) the water of the lake; and
(b) the air above the water.
Xxxxxxx Xxxx property | ||
(1) | The fee simple estate in the Waihopo Lake property vests as undivided half | |
shares in the specified groups of trustees as tenants in common as follows: | ||
(a) a share vests in the trustees under this section; and | ||
(b) a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 221 of Parts 4 to 7. | 5 | |
(2) | The Waihopo Lake property is not rateable under the Local Government (Rat- | |
ing) Act 2002, except under section 9 of that Act. | ||
(3) | To the extent that the Waihopo Lake property has moveable boundaries, the | |
boundaries are governed by the common law rules of accretion, erosion, and | 10 | |
avulsion. | ||
Conditions applying to use of Waihopo Lake property | ||
(1) | The vesting of the Waihopo Lake property by section 42(1) does not limit or otherwise affect any lawful right of access to, or use of, Waihopo Lake. | |
(2) | Members of the public may carry out any lawful recreational activities in or on | 15 |
Waihopo Lake without interference by or on behalf of the trustees. | ||
(3) | In this section, recreational activity— | |
(a) includes swimming, boating, waterskiing, fishing, and duck shooting; | ||
but | ||
(b) does not include an activity— | 20 | |
(i) that is lawful under any enactment or that must be carried out in | ||
accordance with an enactment; or | ||
(ii) for which members of the public are required by or under any en- | ||
actment to hold a licence or permit authorising the activity, unless | ||
the activity is carried out under and in accordance with the neces- | 25 | |
sary licence or permit; or | ||
(iii) that involves attaching a fixture to the Waihopo Lake property or | ||
that carries a risk of significant adverse effect to the lake. | ||
(4) | To avoid doubt, the vesting of the Waihopo Lake property does not give any | |
rights to, or impose any obligations on, the trustees in relation to— | 30 | |
(a) the waters of Waihopo Lake; or | ||
(b) the aquatic life of the lake (other than plants attached to the bed of the | ||
lake). |
General provisions applying to vesting of cultural redress properties | ||
Properties vest subject to or together with interests | ||
Each cultural redress property vested under this subpart is subject to, or has the | ||
benefit of, any interests listed for the property in the third column of the table | ||
in Schedule 1. | 5 | |
Interests in land for certain reserve properties | ||
(1) | This section applies to each of Beach sites A, B, C, and D while the property | |
has an administering body that is treated as if the property were vested in it. | ||
(2) | This section applies to all or the part of the reserve property that remains a re- | |
serve under the Reserves Act 1977 (the reserve land). | 10 | |
(3) | If the reserve property is affected by an interest in land listed for the property in | |
Schedule 1,— | ||
(a) the registered proprietor of the property is the grantor or the grantee, as | ||
the case may be, of the interest in respect of the reserve land where the | ||
property is subject to a Crown forestry licence; but | 15 | |
(b) the interest applies as if the administering body were the grantor or the | ||
grantee, as the case may be, of the interest in respect of the reserve land | ||
where the property is not subject to a Crown forestry licence. | ||
(4) | For the purposes of registering any interest in land that affects the reserve | |
land,— | 20 | |
(a) if the reserve land is subject to a Crown forestry licence, the registered | ||
proprietor of the property is the grantor, or the grantee, as the case may | ||
be, of that interest: | ||
(b) if the reserve land is not subject to a Crown forestry licence, the interest | ||
must be dealt with as if the administering body were the registered pro- | 25 | |
prietor of the reserve land. | ||
(5) | Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 56. | |
Interests that are not interests in land | ||
(1) | This section applies if a cultural redress property is subject to an interest (other | 30 |
than an interest in land) listed for the property in Schedule 1, for which there | ||
is a grantor, whether or not the interest also applies to land outside the cultural | ||
redress property. | ||
(2) | The interest applies as if the owners of the cultural redress property were the | |
grantor of the interest in respect of the property. | 35 | |
(3) | The interest applies— |
(a) until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and | ||
(b) with any other necessary modifications; and | ||
(c) despite any change in status of the land in the property. | 5 | |
Vesting of share of fee simple estate in property | ||
In sections 48 to 51, a reference to the vesting of a cultural redress property, | ||
or the vesting of the fee simple estate in a cultural redress property, includes the | ||
vesting of an undivided share of the fee simple estate in the property. | ||
Registration of ownership | 10 | |
(1) | This section applies to a cultural redress property vested in the trustees under | |
this subpart. | ||
(2) | Subsection (3) applies to a cultural redress property (other than a jointly ves- | |
xxx property or Kapowairua), but only to the extent that the property is all of | ||
the land contained in a computer freehold register. | 15 | |
(3) | The Registrar-General must, on written application by an authorised person,— | |
(a) register the trustees as the proprietors of the fee simple estate in the | ||
property; and | ||
(b) record any entry on the computer freehold register and do anything else | ||
necessary to give effect to this subpart and to part 8 of the deed of settle- | 20 | |
ment. | ||
(4) | Subsection (5) applies to a cultural redress property (other than a jointly ves- xxx property or Kapowairua), but only to the extent that subsection (2) does | |
not apply to the property. | ||
(5) | The Registrar-General must, in accordance with a written application by an au- | 25 |
thorised person,— | ||
(a) create a computer freehold register for the fee simple estate in the prop- | ||
erty in the name of the trustees; and | ||
(b) record on the computer freehold register any interests that are registered, | ||
notified, or notifiable and that are described in the application. | 30 | |
(6) | Subsection (7) applies to Kapowairua. | |
(7) | The Registrar-General must, in accordance with a written application by an au- | |
thorised person,— | ||
(a) create 2 computer freehold registers for the fee simple estate in the prop- | ||
erty in the names of the trustees; and | 35 | |
(b) enter on the relevant computer freehold registers any interests that are | ||
registered, notified, or notifiable and that are described in the applica- | ||
tion. |
(8) For a jointly vested property, the Registrar-General must, in accordance with a written application by an authorised person,—
(a) create a computer freehold register for an equal undivided share of the fee simple estate in the property in the names of the trustees; and
(b) record on the computer freehold register any interests that are registered, 5 notified, or notifiable and that are described in the applications.
(9) Subsections (5) to (8) are subject to the completion of any survey necessary to create a computer freehold register.
(10) A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but not later than— 10
(a) 24 months after the settlement date; or
(b) any later date that may be agreed in writing,—
(i) in the case of a property that is not jointly vested, by the Crown and the trustees; or
(ii) in the case of a jointly vested property, by the Crown, the trustees, 15
and the trustees of any other Te Hiku o Te Ika iwi governance en- tity in whom the property is jointly vested.
(11) In this section, authorised person means a person authorised by—
(a) the chief executive of LINZ, for the Waihopo Lake property:
(b) the Secretary for Education, for Te Hapua Hāpua School site B: 20
(c) the Secretary for Justice, for the following properties:
(i) Murimotu Island:
(ii) Te Rerenga Wairua:
(iii) Mai i Waikanae ki Waikoropūpūnoa:
(iv) Mai i Hukatere ki Waimahuru: 25
(v) Mai i Ngāpae ki Waimoho:
(d) the Director-General, for all other cultural redress properties.
Application of Part 4A of Conservation Act 1987 | ||
(1) | The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A of the Conserva- tion Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition. | 30 |
(2) | Section 24 of the Conservation Act 1987 does not apply to the vesting of a re- serve property. | |
(3) | Part 4A of the Conservation Act 1987 does not apply to the vesting of— | 35 |
(a) bed of Lake Ngākeketo; or
(b) Waihopo Lake property.
(4) | If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from sec- tion 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property. | |
(5) | Subsections (2) and (4) do not limit subsection (1). | 5 |
Matters to be recorded on computer freehold register | ||
(1) | The Registrar-General must record on the computer freehold register,— | |
(a) for a reserve property (other than a jointly vested property),— | ||
(i) that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and | 10 | |
(ii) that the land is subject to sections 49(4) and 56; and | ||
(b) for a jointly vested reserve property to which section 48(7) applies,— | ||
(i) that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and | ||
(ii) that the land is subject to sections 45(4), 49(4), and 56; and | 15 | |
(c) for each of the following properties, that Part 4A of the Conservation Act 1987 does not apply: |
(i) bed of Lake Ngākeketo; and
(ii) Waihopo Lake property; and
(d) for any other cultural redress property, that the land is subject to Part 4A 20 of the Conservation Act 1987.
(2) A notification made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.
(3) For a reserve property (other than a jointly vested property), if the reservation 25 of the property under this subpart is revoked for—
(a) all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that—
(i) section 24 of the Conservation Act 1987 does not apply to the 30 property; and
(ii) the property is subject to sections 49(4) and 56; or
(b) part of the property, the Registrar-General must ensure that the notifica- tions referred to in paragraph (a) remain only on the computer free-
hold register for the part of the property that remains a reserve. 35
(4) For a jointly vested reserve property, if the reservation of the property under this subpart is revoked for—
(a) all of the property, the Director-General must apply in writing to the | ||
Registrar-General to remove from any computer freehold register cre- | ||
ated under section 48 for the property the notifications that— | ||
(i) section 24 of the Conservation Act 1987 does not apply to the | ||
property; and | 5 | |
(ii) the property is subject to sections 45(4), 49(4), and 56; or | ||
(b) part of the property, the Registrar-General must ensure that the notifica- | ||
tions referred to in paragraph (a) remain only on any computer free- hold register, created under section 48 or derived from a computer | ||
freehold register created under that section, for the part of the property | 10 | |
that remains a reserve. | ||
(5) | The Registrar-General must comply with applications received in accordance | |
with subsection (3)(a) or (4)(a), as relevant. | ||
Application of other enactments | ||
(1) | The vesting of the fee simple estate in a cultural redress property under this | 15 |
subpart does not— | ||
(a) limit section 10 or 11 of the Crown Minerals Act 1991; or | ||
(b) affect other rights to subsurface minerals. | ||
(2) | The permission of a council under section 348 of the Local Government Act | |
1974 is not required for laying out, forming, granting, or reserving a private | 00 | |
xxxx, private way, or right of way required to fulfil the terms of the deed of | ||
settlement in relation to a cultural redress property. | ||
(3) | Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, | |
under this subpart, of the reserve status of a cultural redress property. | ||
(4) | Section 11 and Part 10 of the Resource Management Act 1991 do not apply | 25 |
to— | ||
(a) the vesting of the fee simple estate in a cultural redress property under | ||
this subpart; or | ||
(b) any matter incidental to, or required for the purpose of, the vesting. | ||
Minister of Conservation may grant easements | 30 | |
(1) | The Minister of Conservation may grant any easement over a conservation area | |
or reserve that is required to fulfil the terms of the deed of settlement in rela- | ||
tion to a cultural redress property. | ||
(2) | Any such easement is— | |
(a) enforceable in accordance with its terms, despite Part 3B of the Xxxxxx- | 35 | |
vation Act 1987; and | ||
(b) to be treated as having been granted in accordance with Part 3B of that | ||
Act; and |
(c) registrable under section 17ZA(2) of that Act, as if it were a deed to which that provision applied.
Names of Crown protected areas discontinued | ||
(1) | Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the settlement date, was all or part of a | 5 |
Crown protected area. | ||
(2) | The official geographic name of the Crown protected area is discontinued in re- | |
spect of the land, or the part of the land, and the Board must amend the Gazet- | ||
xxxx accordingly. | ||
(3) | In this section, Board, Crown protected area, Gazetteer, and official geo- | 10 |
graphic name have the meanings given in section 4 of the New Zealand Geo- | ||
graphic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008. |
Further provisions applying to reserve properties
Application of other enactments to reserve properties | ||
(1) | The trustees are the administering body of a reserve property, except as provi- ded for in sections 35 to 38. | 15 |
(2) | Sections 48A, 114, and 115 of the Reserves Act 1977 apply to a reserve proper- | |
ty, despite sections 48A(6), 114(5), and 115(6) of that Act. | ||
(3) | Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in | |
relation to a reserve property. | 20 | |
(4) | If the reservation of a reserve property under this subpart is revoked under sec- | |
tion 24 of the Reserves Act 1977 for all or part of the property, section 25(2) of | ||
that Act applies to the revocation, but not the rest of section 25 of that Act. | ||
(5) | A reserve property is not a Crown protected area under the New Zealand Geo- | |
graphic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008, despite anything in | 25 | |
that Act. | ||
(6) | A reserve property must not have a name assigned to it or have its name | |
changed under section 16(10) of the Reserves Act 1977 without the written | ||
consent of the owners of the property, and section 16(10A) of that Act does not | ||
apply to the proposed name. | 30 | |
Joint management body for Beach sites A, B, C, and D | ||
(1) | A joint management body is established for Beach sites A, B, C, and D. | |
(2) | The following are appointers for the purposes of this section: | |
(a) the trustees; and | ||
(b) the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and | 35 | |
(c) the trustees of Te Rūnanga o NgāiTakoto; and | ||
(d) the trustees of Te Rūnanga o Te Rarawa. |
(3) | Each appointer may appoint 2 members to the joint management body. | |
(4) | A member is appointed only if the appointer gives written notice with the fol- | |
lowing details to the other appointers: | ||
(a) the full name, address, and other contact details of the member; and | ||
(b) the date on which the appointment takes effect, which must be no earlier | 5 | |
than the date of the notice. | ||
(5) | An appointment ends after 5 years or when the appointer replaces the member | |
by making another appointment. | ||
(6) | A member may be appointed, reappointed, or discharged at the discretion of | |
the appointer. | 10 | |
(7) | Sections 32 to 34 of the Reserves Act 1977 apply to the joint management | |
body as if it were a board appointed under section 30 of that Act. | ||
(8) | However, the first meeting of the body must be held not later than 2 months | |
after the settlement date. | ||
(9) | Section 41 of the Reserves Act 1977 (which requires the preparation and ap- | 15 |
proval of a management plan) does not apply to the joint management body in | ||
respect of Beach sites A, B, C, and D. | ||
(10) | A failure of an appointer to comply with subsection (4) does not invalidate | |
the establishment of the joint management body or its actions or decisions. | ||
Subsequent transfer of reserve land | 20 | |
(1) | This section applies to all or the part of a reserve property that remains a re- | |
serve under the Reserves Act 1977 after the property has vested in the trustees | ||
under this subpart. | ||
(2) | The fee simple estate in the reserve land in a jointly vested property may be | |
transferred only in accordance with section 58. | 25 | |
(3) | The fee simple estate in the reserve land in any other property may be transfer- | |
red only in accordance with section 57 or 58. | ||
(4) | In this section and sections 57 to 59, reserve land means the land that re- mains a reserve as described in subsection (1). | |
Transfer of reserve land to new administering body | 30 | |
(1) | The registered proprietors of the reserve land may apply in writing to the Min- | |
ister of Conservation for consent to transfer the fee simple estate in the reserve | ||
land to 1 or more persons (the new owners). | ||
(2) | The Minister of Conservation must give written consent to the transfer if the | |
registered proprietors satisfy the Minister that the new owners are able to— | 35 | |
(a) comply with the requirements of the Reserves Act 1977; and | ||
(b) perform the duties of an administering body under that Act. |
(3) (4) | The Registrar-General must, on receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land. The required documents are— | |
(a) a transfer instrument to transfer the fee simple estate in the reserve land | ||
to the new owners, including a notification that the new owners are to | 5 | |
hold the reserve land for the same reserve purposes as those for which it | ||
was held by the administering body immediately before the transfer; and | ||
(b) the written consent of the Minister of Conservation to the transfer of the | ||
reserve land; and | ||
(c) any other document required for the registration of the transfer instru- | 10 | |
ment. | ||
(5) | The new owners, from the time of their registration under this section,— | |
(a) are the administering body of the reserve land; and | ||
(b) hold the reserve land for the same reserve purposes as those for which it | ||
was held by the administering body immediately before the transfer. | 15 | |
(6) | A transfer that complies with this section need not comply with any other re- | |
quirements. | ||
Transfer of reserve land to trustees of existing administering body if trust- | ||
ees change | ||
The registered proprietors of the reserve land may transfer the fee simple estate | 20 | |
in the reserve land if— | ||
(a) the transferors of the reserve land are or were the trustees of a trust; and | ||
(b) the transferees are the trustees of the same trust, after any new trustee | ||
has been appointed to the trust or any transferor has ceased to be a trust- | ||
ee of the trust; and | 25 | |
(c) the instrument to transfer the reserve land is accompanied by a certifi- | ||
cate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply. | ||
Reserve land not to be mortgaged | ||
The owners of reserve land must not mortgage, or give a security interest in, | 30 | |
the reserve land. | ||
Saving of bylaws, etc, in relation to reserve properties | ||
(1) | This section applies to any bylaw, or any prohibition or restriction on use or | |
access, that an administering body or the Minister of Conservation made or im- | ||
posed under the Conservation Act 1987 or the Reserves Act 1977 in relation to | 35 | |
a reserve property before the property was vested in the trustees under this sub- | ||
part. |
(2) The bylaw, prohibition, or restriction remains in force until it expires or is re- voked under the Conservation Act 1987 or the Reserves Act 1977.
Subpart 2—Te Oneroa-a-Tohe redress
In this subpart and Schedule 2,—
accredited, in relation to commissioners, has the meaning given in section 2(1) of the Resource Management Act 1991
appointers means the governance entities, Councils, and the Te Hiku Com- munity Board that appoint members of the Te Oneroa-a-Tohe Board under 10
section 65(1) or (2)(c) and (d), as the case may require
beach management agencies means the Environmental Protection Authority and the Ministry of Business, Innovation, and Employment
beach management plan means the plan required by section 73
Beach sites A, B, C, and D means the properties listed in paragraphs (l) to 15
(o) of the definition of cultural redress property in section 22
Central and South Conservation Areas and Ninety Mile Beach marginal strip means the areas marked in blue and green on the plan in part 6 of the at- tachments
commissioners means accredited persons appointed to a panel under section 20
70
Community Board means the Te Hiku Community Board established on 24 March 2010 by a determination of the Local Government Commission under section 19R of the Local Electoral Act 2001 pursuant to a resolution of the Far North District Council on 25 June 2009 under sections 19H and 19J of that Act 25
Council means either the Northland Regional Council or the Far North District Council, as the case may require
Councils means both the Northland Regional Council and the Far North Dis- trict Council
iwi appointer— 30
(a) means a governance entity referred to in section 65(1)(a) to (d); and
(b) if section 65(2) applies, includes the Ngāti Kahu governance entity or the mandated representatives of Ngāti Kahu
local government legislation means—
(a) the Local Authorities (Members’ Interests) Act 1968; and 35
(b) the Local Government Act 2002; and
(c) the Local Government Act 1974; and
(d) the Local Government Official Information and Meetings Act 1987
marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
panel means a panel of not fewer than 2 commissioners appointed under sec- tion 70 for the purpose of hearing and determining an application for a re- 5 source consent that relates to the whole or a part of the Te Oneroa-a-Tohe man- agement area
RMA planning document, to the extent that a document applies to the Te On- eroa-a-Tohe management area,—
(a) means a regional policy statement, regional plan, or district plan within 10 the meanings given in section 43AA of the Resource Management Act 1991; and
(b) includes a proposed plan within the meaning of section 43AAC of that Act
Te Oneroa-a-Tohe Board and Board mean the Te Oneroa-a-Tohe Board es- 15 tablished by section 63(1)
Te Oneroa-a-Tohe management area means the area shown on the plan in part 5 of the attachments, and includes—
(a) the marine and coastal area; and
(b) Beach sites A, B, C, and D vested under subpart 1; and 20
(c) the Central and South Conservation Areas and Ninety Mile Beach mar- ginal strip (to the extent that section 62 does not apply); and
(d) any other area adjacent to, or that is within the vicinity of, the areas iden- tified in paragraphs (a) and (b), with the agreement of—
(i) the Board; and 25
(ii) the owner or administrator of the land
Te Oneroa-a-Tohe redress means the redress provided by or under this sub- part and part 5 of the deed of settlement.
Removal of conservation area status
62 Status of Central and South Conservation Areas and Ninety Mile Beach 30
marginal strip
Any part of the Central and South Conservation Areas and Ninety Mile Beach marginal strip that is situated below the mark of mean high-water springs—
(a) ceases to be a conservation area under the Conservation Act 1987; and
(b) is part of the common marine and coastal area. 35
Establishment, status, purpose, and membership of Board
Establishment and status of Board | ||
(1) | The Te Oneroa-a-Tohe Board is established as a statutory body. | |
(2) | Despite Schedule 7 of the Local Government Act 2002, the Board— | |
(a) is a permanent committee; and | 5 | |
(b) must not be discharged without the agreement of all the appointers. | ||
(3) | Despite the membership of the Board provided for by section 65, the Board is a joint committee of the Councils for the purposes of clause 30(1)(b) of Sched- | |
ule 7 of the Local Government Act 2002. | ||
(4) | Each member of the Board must— | 10 |
(a) act in a manner that will achieve the purpose of the Board; and | ||
(b) without limiting paragraph (a), comply with the terms of appointment issued by the relevant appointer. | ||
(5) | Part 1 of Schedule 2 sets out provisions relating to the members and proced- ures of the Board. | 15 |
Purpose of Board | ||
The purpose of the Board is to provide governance and direction to all those | ||
who have a role in, or responsibility for, the Te Oneroa-a-Tohe management | ||
area, in order to protect and enhance environmental, economic, social, cultural, | ||
and spiritual well-being within that area for the benefit of present and future | 20 | |
generations. | ||
Appointment of members of Board | ||
(1) | The Board consists of 8 members appointed as follows: | |
(a) 1 member appointed by the trustees: | ||
(b) 1 member appointed by the trustees of the Te Rūnanga Nui o Te Aupouri | 25 | |
Trust: | ||
(c) 1 member appointed by the trustees of Xx Xxxxxxx o NgāiTakoto: | ||
(d) 1 member appointed by the trustees of Te Rūnanga o Te Rarawa: | ||
(e) 2 members appointed by the Northland Regional Council, being council- | ||
lors holding office: | 30 | |
(f) 2 members appointed by the Far North District Council, being the mayor | ||
and a councillor holding office. | ||
(2) | If the Minister gives notice under section 66(4) that Ngāti Kahu will partici- xxxx in the Te Oneroa-a-Tohe redress on an interim basis, the Board consists of | |
10 members, appointed as follows: | 35 |
(a) 4 members appointed by the iwi appointers referred to in subsection (1)(a) to (d); and
(b) 1 member appointed by the mandated representatives of Ngāti Kahu (or | ||
its governance entity if there is one); and | ||
(c) 4 members appointed as provided for in subsection (1)(e) and (f); and | ||
(d) 1 member appointed by the Community Board (but who may not neces- | ||
sarily be a member of the Community Board). | 5 | |
(3) | An iwi appointer must be satisfied, before making an appointment, that the per- | |
son appointed has the mana, skills, knowledge, and experience to— | ||
(a) participate effectively in carrying out the functions of the Board; and | ||
(b) contribute to achieving the purpose of the Board. | ||
(4) | The Councils (and, if relevant, the Community Board) must be satisfied, before | 10 |
making an appointment, that each person they appoint has the skills, know- | ||
ledge, and experience to— | ||
(a) participate effectively in carrying out the functions of the Board; and | ||
(b) contribute to achieving the purpose of the Board. | ||
(5) | If the person appointed by the Community Board is not an elected member of | 15 |
that board, the person must have sufficient standing in the community to enable that person to meet the requirements of subsection (4). | ||
(6) | Appointers must, when making any appointments after the initial appoint- | |
ments, have regard to the skills, knowledge, and experience of the existing | ||
members to ensure that collectively the membership of the Board reflects a bal- | 20 | |
anced mix of the skills, knowledge, and experience relevant to the purpose of | ||
the Board. | ||
(7) | Members of the Board, other than those appointed by a Council, are not also | |
members of a Council by virtue of their membership of the Board. | ||
Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress | 25 | |
(1) | On the settlement date, the Minister must give written notice to the mandated | |
representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is | ||
one), inviting Ngāti Kahu to participate in Te Oneroa-a-Tohe redress under this | ||
subpart on an interim basis. | ||
(2) | The notice must specify the conditions— | 30 |
(a) that must be satisfied before Ngāti Kahu may participate in Te Oneroa-a- | ||
Tohe redress on an interim basis, including a condition that a person may | ||
represent Ngāti Kahu on the Board only if that person is appointed to | ||
that position by the mandated representatives of Ngāti Kahu (or the Ngā- | ||
ti Kahu governance entity if there is one); and | 35 | |
(b) that must apply to the continuing participation of Ngāti Kahu, including a condition that the person referred to in paragraph (a) must continue to be approved as the appointee for that position by the mandated repre- |
sentatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one).
(3) The mandated representatives of Ngāti Kahu (or their governance entity if there is one) must, within 30 working days of receiving notice under subsec- tion (1), give written notice to the Minister as to whether Ngāti Kahu elects to 5 participate in the Te Oneroa-a-Tohe redress on an interim basis.
(4) If the Minister is satisfied that Xxxxx Xxxx meets the conditions specified under subsection (2), the Minister must give written notice, stating the date on and from which Ngāti Kahu will participate in the Te Oneroa-a-Tohe redress on an
interim basis, to— 10
(a) the mandated representatives of Ngāti Kahu (or the Ngāti Kahu govern- ance entity if there is one); and
(b) each of the iwi appointers referred to in section 65(1)(a) to (d).
(5) If Ngāti Kahu breach the specified conditions, the Minister may give notice in writing to revoke the interim participation of Xxxxx Xxxx, but only after giving 15
the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance en- tity if there is one)—
(a) reasonable notice of the breach; and
(b) a reasonable opportunity to remedy the breach.
(6) The interim participation of Ngāti Kahu ceases on the settlement date specified 20
in the settlement legislation for Ngāti Kahu.
(7) In this section, Minister means the Minister for Treaty of Waitangi Negoti- ations.
Functions and powers of Board | 25 | |
(1) | The primary function of the Board is to achieve the purpose of the Board. | |
(2) | In achieving the purpose of the Board, the Board must operate in a manner that— | |
(a) is consistent with tikanga Māori; and | ||
(b) acknowledges the authority and responsibilities of the Councils and of Te Hiku o Te Ika iwi respectively; and | 30 | |
(c) acknowledges the shared aspirations of Te Hiku o Te Ika iwi and the Councils, as reflected in the shared principles. | ||
(3) | In addition to the primary function of the Board, its other functions are— | |
(a) to prepare and approve a beach management plan that identifies the vi- sion, objectives, and desired outcomes for the Te Oneroa-a-Tohe man- agement area; and | 35 |
(b) in respect of the health and well-being of the Te Oneroa-a-Tohe manage- ment area, to engage with, seek the advice of, and provide advice to—
(i) Te Hiku o Te Ika iwi; and
(ii) the Councils; and
(iii) any relevant beach management agencies; and 5
(c) to monitor activities in, and the state of, the Te Oneroa-a-Tohe manage- ment area; and | ||
(d) to monitor the extent to which the Board is achieving its purpose, and | ||
the implementation and effectiveness of the beach management plan; | ||
and | 10 | |
(e) to display leadership and undertake advocacy, including liaising with the | ||
community, in order to promote recognition of the unique significance of | ||
Te Oneroa-a-Tohe me Te Ara Wairua, the spiritual pathway to Hawaiiki | ||
between the living and the dead; and | ||
(f) to appoint commissioners to panels for the purpose of hearing and deter- | 15 | |
mining resource consent applications that relate, in whole or in part, to | ||
the Te Oneroa-a-Tohe management area; and | ||
(g) to engage and work collaboratively with the joint management body es- | ||
tablished under section 55 for Beach sites A, B, C, and D; and | ||
(h) to take any other action that the Board considers is appropriate for ach- | 20 | |
ieving the purpose of the Board. | ||
(4) | The Board may determine, in any particular circumstance,— | |
(a) whether to perform the functions identified in subsection (3)(b) to (h); and | ||
(b) how, and to what extent, to perform any of those functions. | 25 | |
(5) | The Board has the powers reasonably necessary to carry out its functions in a | |
manner that is consistent with— | ||
(a) this subpart; and | ||
(b) subject to paragraph (a), the relevant provisions in the local govern- | ||
ment legislation. | 30 | |
Power of Board to make requests to beach management agencies | ||
(1) | The Board may make a reasonable request in writing to a relevant beach man- | |
agement agency for the provision of— | ||
(a) information or advice to the Board on matters relevant to the Board’s | ||
functions; and | 35 | |
(b) a representative of the agency to attend a meeting of the Board. | ||
(2) | The Board must— |
(a) give notice to a beach management agency under subsection (1)(b)
not less than 10 working days before the meeting; and
(b) provide an agenda for the meeting with the request.
(3) If it is reasonably practicable to do so, a beach management agency that re- ceives a request from the Board must— 5
(a) provide the information or advice; and
(b) comply with a request made under subsection (1)(b) by appointing a person whom it considers appropriate to attend at least 4 meetings in a calendar year (although the person may attend more than 4 meetings).
(4) In addition, the Board may request any other person or entity to— 10
(a) provide specified information to the Board:
(b) attend a meeting of the Board.
Criteria for appointment of commissioners | ||
(1) | Te Hiku o Te Ika iwi and the Councils must— | 15 |
(a) develop criteria to guide the Board in appointing commissioners to hear | ||
and determine applications lodged under the Resource Management Act | ||
1991 for resource consents that, if granted, would in whole or in part re- | ||
late to the Te Oneroa-a-Tohe management area; and | ||
(b) in accordance with those criteria, compile a list of accredited persons ap- | 20 | |
proved to be commissioners to hear and determine resource consent ap- | ||
plications relating, in whole or in part, to the Te Oneroa-a-Tohe manage- | ||
ment area. | ||
(2) | The duties under subsection (1) must be completed not later than the settle- ment date. | 25 |
(3) | The Board must keep the list of commissioners under review and up to date. | |
Procedure for appointing hearing panel | ||
(1) | If a Council intends to appoint a panel to hear and determine a resource consent | |
application that relates to the Te Oneroa-a-Tohe management area, the Council | ||
concerned must give notice in writing to the Board of that intention. | 30 | |
(2) | Not later than 15 working days after the notice is received, the members of the Board appointed by the iwi appointers under section 65 or 66 must appoint up to half of the members of the panel from the list of commissioners compiled under section 69(1)(b). | |
(3) | The members of the Board appointed by the Council to which the resource | 35 |
consent application is made must appoint— | ||
(a) up to half of the members of the panel from the list of commissioners compiled under section 69(1)(b); and |
(b) 1 of the commissioners appointed to the panel to be the chairperson of the panel. | ||
(4) | The Board may, by notice in writing to the Council concerned, waive its rights to make appointments under subsection (2) or (3). | |
(5) | If the members of the Board appointed by the iwi appointers have not appoin- xxx commissioners as required by subsection (2), the Council concerned must, from the same list of commissioners, appoint commissioners who would otherwise have been appointed under subsection (2). | 5 |
Obligation of Councils | ||
Each Council must provide to the Board copies or summaries of resource con- | 10 | |
sent applications that each receives and that relate— | ||
(a) wholly or in part to the Te Oneroa-a-Tohe management area; or | ||
(b) to an area that is adjacent to or directly affects the Te Oneroa-a-Tohe | ||
management area. | ||
Obligation of Board | 15 | |
The Board must provide guidelines to the Councils as to the information that is required under section 71, including— | ||
(a) whether the Board requires copies or summaries of resource consent ap- | ||
plications, and when those copies or summaries are required; and | ||
(b) whether there are certain types of applications that the Board does not | 20 | |
require. |
Preparation and approval of beach management plan | ||
(1) | The Board must prepare and approve a beach management plan as required by | |
section 67(3)(a) in accordance with the requirements set out in Part 2 of Schedule 2. | 25 | |
(2) | However, a subcommittee of the Board must prepare and approve the part of | |
the beach management plan that relates to Beach sites A, B, C, and D. | ||
(3) | The members of the Board appointed by the iwi appointers and referred to in | |
section 65(1)(a) to (d) are the members of the subcommittee. | 30 | |
Purpose and contents of beach management plan | ||
(1) | The purpose of the beach management plan is to— | |
(a) identify the vision, objectives, and desired outcomes for the Te Oneroa- | ||
a-Tohe management area; and | ||
(b) provide direction to persons authorised to make decisions in relation to | 35 | |
the Te Oneroa-a-Tohe management area; and |
(c) express the Board’s aspirations for the care and management of the Te Oneroa-a-Tohe management area, in particular, in relation to the follow- | ||
ing matters (priority matters): | ||
(i) protecting and preserving the Te Oneroa-a-Tohe management area | ||
from inappropriate use and development and ensuring that the re- | 5 | |
sources of the Te Oneroa-a-Tohe management area are preserved | ||
and enhanced for present and future generations; and | ||
(ii) recognising the importance of the resources of the Te Oneroa-a- | ||
Tohe management area for Te Hiku o Te Ika iwi and ensuring the | ||
continuing access of Te Hiku o Te Ika iwi to their mahinga kai; | 10 | |
and | ||
(iii) recognising and providing for the spiritual, cultural, and historical | ||
relationship of Te Hiku o Te Ika iwi with the Te Oneroa-a-Tohe | ||
management area. | ||
(2) | The part of the beach management plan that relates to Beach sites A, B, C, and | 15 |
D— | ||
(a) must provide for the matters set out in section 41(3) of the Reserves Act | ||
1977; and | ||
(b) is deemed to be a management plan for the purposes of that provision. | ||
(3) | The beach management plan may include any other matters that the Board con- | 20 |
xxxxxx relevant to the purposes of the beach management plan. | ||
Effect of beach management plan on specified planning documents | ||
Effect of beach management plan on RMA planning documents | ||
(1) | Each time a Council prepares, reviews, varies, or changes an RMA planning | |
document relating to the whole or a part of the Te Oneroa-a-Tohe management | 25 | |
area, the Council must recognise and provide for the vision, objectives, and de- | ||
sired outcomes identified in the beach management plan under section 74(1)(a). | ||
(2) | When a Council is determining an application for a resource consent that re- | |
lates to the Te Oneroa-a-Tohe management area, the Council must have regard | 30 | |
to the beach management plan until the obligation under subsection (1) is | ||
complied with. | ||
(3) | The obligations under this section apply only to the extent that— | |
(a) the contents of the beach management plan relate to the resource man- | ||
agement issues of the district or region; and | 35 | |
(b) those obligations are able to be carried out consistently with the purpose | ||
of the Resource Management Act 1991. | ||
(4) | This section does not limit the provisions of Part 5 and Schedule 1 of the Re- | |
source Management Act 1991. |
Effect of beach management plan on conservation documents | ||
(1) | Each time a conservation management strategy relating to the whole or a part | |
of the Te Oneroa-a-Tohe management area is prepared under subpart 3, the | ||
Director-General and Te Hiku o Te Ika iwi must have particular regard to the | ||
vision, objectives, and desired outcomes identified in the beach management | 5 | |
plan under section 74(1)(a). | ||
(2) | The person or body responsible for preparing, approving, reviewing, or amend- | |
ing a conservation management plan under Part 3A of the Conservation Act | ||
1987 must have particular regard to the vision, objectives, and desired out- | ||
comes identified in the beach management plan until the obligation under sub- section (1) is complied with. | 10 | |
(3) | The obligations under this section apply only to the extent that— | |
(a) the vision, objectives, and desired outcomes identified in the beach man- | ||
agement plan relate to the conservation issues of the Te Oneroa-a-Tohe | ||
management area; and | 15 | |
(b) those obligations are able to be carried out consistently with the purpose | ||
of the Conservation Act 1987. | ||
(4) | This section does not limit the provisions of Part 3A of the Conservation Act | |
1987. | ||
Effect of beach management plan on local government decision making | 20 | |
The Councils must take the beach management plan into account when making | ||
decisions under the Local Government Act 2002, to the extent that the beach | ||
management plan is relevant to the local government issues in the Te Oneroa-a- | ||
Tohe management area. | ||
25 | ||
Application of other Acts to Board | ||
(1) | To the extent that they are relevant to the purpose and functions of the Board | |
under Parts 1 to 3, the provisions of the following Acts apply to the Board, | ||
with the necessary modifications, unless otherwise provided in this subpart or | ||
Schedule 2: | 30 | |
(a) the Local Authorities (Members’ Interests) Act 1968; and | ||
(b) the Local Government Act 1974; and | ||
(c) the Local Government Act 2002; and | ||
(d) the Local Government Official Information and Meetings Act 1987. | ||
(2) | Clause 31(1) of Schedule 7 of the Local Government Act 2002 applies only to | 35 |
the members of the Board appointed by the Councils. |
(3) Clauses 23(3)(b), 24, 26(3) and (4), 27, 30(2), (3), (5), and (7), and (9)(b), and 31(2) and (6) of Schedule 7 of the Local Government Act 2002 do not apply to the Board.
(4) Clauses 19, 20, and 22 of Schedule 7 of the Local Government Act 2002 apply
to the Board subject to— 5
(a) the references to a local authority being read as references to the Board; and
(b) the reference in clause 19(5) to the chief executive being read as a refer- ence to the chairperson of the Board.
(5) To the extent that the rest of Schedule 7 of the Local Government Act 2002 is 10
applicable, it applies to the Board subject to all references to—
(a) a local authority being read as references to the Board; and
(b) a member of a committee of a local authority being read as references to the persons appointed by the persons or bodies specified in section 65.
In this subpart and Schedule 3,—
Conservation Authority and Authority mean the New Zealand Conservation Authority established under section 6A of the Conservation Act 1987
conservation land means land administered by the Department of Conserva- 20 tion under the conservation legislation
conservation legislation means the Conservation Act 1987 and the Acts speci- fied in Schedule 1 of that Act
conservation protected area means, for the purposes of the customary mater-
ials plan for customary taking, an area above the line of mean high-water 25 springs that is—
(a) a conservation area under the Conservation Act 1987; or
(b) a reserve administered by the Department of Conservation under the Re- serves Act 1977; or
(c) a wildlife refuge, wildlife sanctuary, or wildlife management reserve 30 under the Wildlife Act 1953
contact person means the person nominated for the purpose under clause
6.149 of the deed of settlement
customary materials plan means the plan provided for by section 105 and
Part 3 of Schedule 3 35
customary taking means the taking and use of parts of plants for customary purposes
dead protected animal—
(a) means the dead body or part of the dead body of an animal protected under the conservation legislation; but
(b) does not include the body or part of the body of a dead marine mammal
draft document means the draft Te Hiku o Te Ika conservation management strategy (CMS) required by section 88 5
korowai area—
(a) means the land administered by the Department of Conservation, as shown on the plan included as Appendix 3 to part 6 of the deed of settle- ment; and
(b) includes— 10
(i) any additional land, if its inclusion is agreed by the Crown, Te Hi- ku o Te Ika iwi, and any other relevant neighbouring iwi; and
(ii) if the conservation legislation applies to land or resources not within the area specified in paragraph (a) or this paragraph, that
land and those resources, but only for the purposes of the korowai; 15
and
(iii) the common marine and coastal area adjacent to the land referred to in paragraph (a) or this paragraph, but only for the purposes of the korowai
Minister means the Minister of Conservation 20
Ngāti Kahu area of interest means (other than in section 84) the area that Ngāti Kahu identify as their area of interest in any deed entered into by the Crown and representatives of Ngāti Kahu to settle the historical claims of Ngāti Kahu
nominator— 25
(a) means an entity with responsibility for nominating a member of the Con- servation Board under section 83(1)(a); and
(b) if section 83(2) applies, includes the member appointed under para- graph (b) of that provision
Northland CMS means the conservation management strategy, consisting 30
of—
(a) the Te Hiku CMS described in section 85(a); and
(b) the CMS described in section 85(b)
parties means—
(a) Te Hiku o Te Ika iwi acting collectively through their representatives; 35
and
(b) the Director-General
plant has the meaning given in section 2(1) of the Conservation Act 1987
plant material means parts of plants taken in accordance with the customary materials plan
relationship agreement means the agreement entered into under clauses 6.130 and 6.131 of the deed of settlement
representatives, in relation to Te Hiku o Te Ika iwi, means the representatives 5 appointed in accordance with clause 6.148 of the deed of settlement to act col- lectively in relation to—
(a) the Te Hiku CMS; and
(b) the customary materials plan; and
(c) the relationship agreement 10
Te Hiku o Te Ika Conservation Board and Conservation Board mean the board of that name established by section 81
Te Hiku o Te Ika conservation management strategy and Te Hiku CMS
mean the part of the Northland CMS to the extent that it applies to the korowai
area 15
Te Rerenga Wairua Reserve means the area shown in Appendix 4 to part 6 of the deed of settlement
wāhi tapu framework means the framework provided for by section 106
wāhi tapu management plan means the management plan provided for in
Part 4 of Schedule 3. 20
Overview of, and background to, korowai redress
Overview and background | ||
(1) | The provisions of this subpart, Schedule 3, and part 6 of the deed of settle- ment provide the framework for the korowai redress, consisting of the follow- | |
ing elements: | 25 | |
(a) the Te Hiku o Te Ika Conservation Board; and | ||
(b) the Te Hiku o Te Ika conservation management strategy; and | ||
(c) a customary materials plan, wāhi tapu framework, and relationship | ||
agreement. | ||
(2) | Ngāti Kuri, Xx Xxxxxxx, NgāiTakoto, Te Rarawa, and the Crown are committed | 30 |
under the korowai to establishing, maintaining, and strengthening their posi- | ||
tive, co-operative, and enduring relationships, guided by the following prin- | ||
ciples: |
Relationship principles
(a) giving effect to the principles of te Tiriti o Waitangi/the Treaty of Wai- 35 tangi:
(b) respecting the autonomy of each party and its individual mandate, role, and responsibility: