Ngāti Mākino Claims Settlement Act 2012

1: Title
This Act is the Ngāti Mākino Claims Settlement Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Purpose, acknowledgements, interpretation provisions, settlement of historical claims, and miscellaneous matters
1: Purpose and acknowledgements
3: Purpose
The purpose of this Act is to give effect to certain provisions of the deed of settlement, which is a deed to settle the historical claims of Ngāti Mākino.
4: Act binds the Crown
This Act binds the Crown.
5: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of this Act or of the deed of settlement.
2: This Part—
a: sets out the purpose of this Act and specifies that it binds the Crown; and
b: sets out the Crown's acknowledgements to Ngāti Mākino; and
c: defines terms used in this Act, including key terms such as Ngāti Mākino and historical claims; and
d: provides that the settlement of the historical claims is final; and
e: provides for—
i: the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
ii: consequential amendments to the Treaty of Waitangi Act 1975
iii: the effect of the settlement on certain memorials; and
iv: the exclusion of the limit on the duration of a trust
3: Part 2
a: protocols to be issued to the trustees by the Minister for Arts, Culture and Heritage and the Minister of Energy and Resources; and
b: an acknowledgement by the Crown of the statements made by Ngāti Mākino of their cultural, spiritual, historical, and traditional association with 2 statutory areas and the effect of that acknowledgement; and
c: a deed of recognition between the Crown and the trustees; and
d: the declaration that part of Lake Rotoma Scenic Reserve is subject to a whenua rāhui in relation to Ngāti Mākino; and
e: the vesting in the trustees of the fee simple estate in 6 cultural redress properties; and
f: the vesting in the trustees of the fee simple estate in the Moutoroi Pā site.
4: Part 3
a: the transfer of the licensed land and the Ōtamarākau School site to the trustees; and
b: the creation of computer registers, and the effect of registration, in relation to the licensed land and the Ōtamarākau School site; and
c: the application of other enactments in relation to the transfer of the licensed land and the Ōtamarākau School site; and
d: a right of first refusal in relation to RFR land that may be exercised by the trustees.
5: There are 4 schedules that—
a: describe the 2 statutory areas and the whenua rāhui site to which the statutory acknowledgement and whenua rāhui relate, respectively:
b: describe the 6 cultural redress properties:
c: describe the Moutoroi Pā site:
d: set out provisions that apply to notices given in relation to RFR land. Section 5(2)(e)(iv) amended 30 January 2021 section 161 Trusts Act 2019
6: The Crown's acknowledgements
1: The Crown acknowledges that the people of Ngāti Mākino have long sought redress for their grievances, and that the Crown's withdrawal from earlier negotiations and the subsequent delay in settlement had a detrimental effect on Ngāti Mākino. The Crown hereby recognises the legitimacy of the historical grievances of Ngāti Mākino and makes the following acknowledgements.
2: The Crown acknowledges that when it despatched troops to the Bay of Plenty in 1864, following the outbreak of hostilities in the Waikato, Ngāti Mākino were drawn into the war and forced to choose between different allegiances. This split the iwi and pitted individuals and hapū against one another.
3: The Crown acknowledges that Ngāti Mākino suffered loss of life at the hands of Crown forces in the battle of Te Ranga in 1864.
4: The Crown acknowledges that the confiscation in the eastern Bay of Plenty in 1866—
a: included some of Ngāti Mākino's land; and
b: affected all Ngāti Mākino, even those who had not been in conflict with the Crown; and
c: compulsorily extinguished customary title in the confiscation district; and
d: alienated land from those Ngāti Mākino the Crown deemed to be rebels; and
e: was, in its effects on Ngāti Mākino, unjust, indiscriminate, and a breach of the Treaty of Waitangi
5: The Crown acknowledges that—
a: the Compensation Court awarded land to individuals rather than iwi or hapū, which was not consistent with customary tenure. This system was imposed on Ngāti Mākino; and
b: because some members of the iwi had been identified as rebels, Ngāti Mākino were forced to rely upon links to other iwi in their claims to the Compensation Court.
6: The Crown acknowledges that—
a: Ngāti Mākino sought to retain authority over the determination of the ownership of their land; and
b: Ngāti Mākino's tribal structure was based on collective tribal and hapū custodianship of land; and
c: the native land laws were enacted, in part, to facilitate the opening up of Māori land to Pākehā settlement. It was expected that Māori would abandon their tribal and communal structures as a result of the new system; and
d: the Native Land Court awarded land to individual Ngāti Mākino rather than to iwi or hapū, and that this made those lands more susceptible to alienation; and
e: the Crown failed to provide an effective form of corporate title until 1894. Such a title would have enabled Ngāti Mākino to exercise control over their land collectively, but by 1894 all Ngāti Mākino lands were held under individualised titles.
7: The Crown acknowledges that the native land laws contributed to the erosion of the mana, rangatiratanga, and traditional tribal structures of Ngāti Mākino. The Crown also acknowledges that its failure to provide an effective means in the native land legislation for the collective administration of Ngāti Mākino lands until 1894 was a breach of the Treaty of Waitangi
8: The Crown acknowledges that—
a: by seeking to lease rather than sell land, Ngāti Mākino aimed to develop and retain their lands; and
b: the Crown undermined these efforts and applied pressure on Ngāti Mākino to sell by—
i: leading Ngāti Mākino to believe wrongly that interest was accruing on survey debts; and
ii: improperly using the Native Land Purchases Act 1877 to prevent private parties entering lease or sale negotiations with Ngāti Mākino in relation to the Tāhunaroa block; and
c: as a result, Ngāti Mākino felt they had no option other than to sell land to the Crown; and
d: between 1873 and 1900, 82 000 acres of Ngāti Mākino land was alienated. Only 3.6% of the Waitahanui, Tāhunaroa and Whakarewa blocks remained in Ngāti Mākino hands by the end of the nineteenth century; and
e: accordingly, the Crown failed to protect actively the interests of Ngāti Mākino in the land it wished to retain. This was a breach of the Treaty of Waitangi
9: The Crown acknowledges that Ngāti Mākino experienced further land loss during the twentieth century through purchases by private parties, and takings by the Crown for public works, including a parcel taken for railway purposes that cut the Ōtamarākau marae off from the sea.
10: The Crown acknowledges that it compulsorily acquired Ngāti Mākino land to establish scenic reserves. In this context, Ngāti Mākino were left little option but to gift land to the Crown if they were to have any control over which land was to be alienated and how that land was to be managed.
11: The Crown acknowledges that—
a: the cumulative effect of its actions rendered Ngāti Mākino virtually landless by 1900; and
b: Ngāti Mākino were therefore left with insufficient land to participate in, or benefit from, the development and consolidation schemes initiated from the 1920s; and
c: by 1992, only 0.6% of the Waitahanui, Tāhunaroa and Whakarewa blocks remained in Ngāti Mākino's hands; and
d: the lands formerly in Ngāti Mākino's possession have contributed to the wealth and development of New Zealand, while Ngāti Mākino have been deprived of the benefits of those lands; and
e: Ngāti Mākino's physical, cultural, and spiritual wellbeing was compromised by the loss of their land and that this suffering and hardship has continued to the present day; and
f: the Crown's failure to ensure that Ngāti Mākino were left with sufficient land for their present and future needs was a breach of the Treaty of Waitangi
12: Through these acts, the Crown, its Ministers, and government departments have dishonoured the Treaty of Waitangi It now falls time for these grievances to be lifted. It is the desire of the Crown to build a foundation of trust and commitment, so that Ngāti Mākino and the Crown can work together to revitalise te rangatiratanga o Ngāti Mākino. Na ēnei mahinga kino a te Karauna, ōna Minita me ngā Tari Kāwanatanga kua takakinotia te Tiriti o Waitangi Kua eke ki te wā kia hikitia ake i ēnei mamae. Ko tā te Karauna ko te hanga i te tūāpapa i runga i te pono, i te tika me te whakawhirinaki atu a tētahi ki tētahi kia mahitahi ai te Karauna me Ngāti Mākino i runga i te wairua o te kotahitanga, kia tutuki ai kia mana ai te rangatiratanga o Ngāti Mākino.
2: Interpretation
7: Interpretation generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
8: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2(1) affected person section 2AA(2) authorised person
a: in respect of a cultural redress property, has the meaning given in section 69(7)
b: in respect of the licensed land and the Ōtamarākau School site, has the meaning given in section 80(3) 94(4) business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the day observed as the anniversary of the province of Wellington; and
d: the day observed as the anniversary of the province of Auckland, being the day that is locally observed in the Bay of Plenty as its anniversary concession section 2(1) consent authority section 2(1) control
a: in relation to a company, control of the composition of the company's board of directors; and
b: in relation to another body, control of the composition of the group that would be the body's board of directors if the body were a company Crown section 2(1) Crown body
a: a Crown entity (as defined in section 7(1)
b: a State enterprise (as defined in section 2
c: the New Zealand Railways Corporation; and
d: a company or body that is wholly owned or controlled by any 1 or more of the following:
i: the Crown:
ii: a Crown entity:
iii: a State enterprise:
iv: the New Zealand Railways Corporation; and
e: a subsidiary, or related company, of a company or body referred to in paragraph (d) Crown forest land section 2(1) Crown forestry licence
a: has the meaning given in section 2(1)
b: in relation to the licensed land, means the licence held in computer register SA58A/550 Crown forestry rental trust deed section 34 Crown mineral section 2(1)
a: that is the property of the Crown under section 10 11
b: over which the Crown has jurisdiction under the Continental Shelf Act 1964 Crown minerals protocol section 18(1)(a) Crown minerals protocol area cultural redress property section 57 date of the deed of settlement deed of recognition section 32 deed of settlement deed
a: mean the deed of settlement dated 2 April 2011 and signed by—
i: the Minister for Treaty of Waitangi Negotiations, the Honourable Christopher Finlayson, and the Minister of Finance, the Honourable Simon William English, on behalf of the Crown; and
ii: Te Ariki Morehu, Awhi Awhimate, Neville Nepia, Hilda Sykes, Tohu Ripeka Te Whata, Heneri Ngatai, Hare Wiremu, and Laurence Tamati as trustees of Ngāti Mākino Iwi Authority; and
b: include—
i: the general matters schedule, the property redress schedule, the documents schedule, and any attachments to the deed; and
ii: any amendments to the deed, its schedules, or its attachments deed plan Director-General documents schedule effective date encumbrance general matters schedule Heritage New Zealand Pouhere Taonga section 9 historical claims section 10 land holding agency
a: a cultural redress property, means the Department of Conservation:
b: the licensed land, means LINZ:
c: Ōtamārakau School site, means the Ministry of Education:
d: the Moutoroi Pā site, means LINZ licensed land
a: means the land described as licensed land in Part 3 of the property redress schedule; but
b: excludes—
i: all trees growing, standing, or lying on the land; and
ii: all improvements that have been—
A: acquired by a purchaser of the trees on that land; or
B: made, after the acquisition of the trees, by the purchaser or the licensee licensee licensor LINZ local authority section 5(1) member of Ngāti Mākino section 9(1)(a) Moutoroi Pā site section 78(1) Ngāti Mākino area of interest area of interest Ngāti Mākino Iwi Authority Ngāti Mākino values section 37 Ōtamarākau School site Ōtamarākau School site settlement date property redress schedule protected site section 91 protection principles section 37 protocol section 18(1)(a) regional council section 2(1) Registrar-General section 4 related company section 2(3) relevant consent authority representative entity
a: the trustees; and
b: any person (including any trustees) acting for, or on behalf of,—
i: the collective group referred to in section 9
ii: 1 or more of the whānau, hapū, or groups that together form that collective group; or
iii: 1 or more members of Ngāti Mākino reserve land section 74(1) reserve site section 57 resource consent section 2(1) responsible department
a: for a taonga tūturu protocol, the department responsible for the administration of the Protected Objects Act 1975
b: for a Crown minerals protocol, the department responsible for the administration of the Crown Minerals Act 1991
c: any other department of State authorised by the Prime Minister to exercise powers or perform functions and duties under subpart 1 responsible Minister
a: for a taonga tūturu protocol, the Minister for Arts, Culture and Heritage:
b: for a Crown minerals protocol, the Minister of Energy and Resources:
c: any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 RFR land section 96 settlement date statements of association section 23(2) statutory acknowledgement section 23(1) subpart 2 statutory area Schedule 1 statutory plan
a: means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement as defined in section 43AA
b: includes a proposed plan as defined in section 43AAC subsidiary section 5 taonga tūturu
a: has the meaning given in section 2(1)
b: includes ngā taonga tūturu (which has the meaning given in section 2(1) taonga tūturu protocol section 18(1)(a) trustees whenua rāhui section 37(1) whenua rāhui site section 37(2) Section 8 business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 8 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 8 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 8 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
9: Meaning of Ngāti Mākino
1: In this Act, Ngāti Mākino
a: the collective group composed of individuals who are descended from a tipuna of Ngāti Mākino; and
b: includes those individuals; and
c: includes any whānau, hapū, or group to the extent that it is composed of those individuals.
2: In this section,— customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources descended
a: birth; or
b: legal adoption; or
c: Māori customary adoption in accordance with the tikanga (customary values and practices) of Ngāti Mākino tipuna of Ngāti Mākino
a: who exercised customary rights by virtue of being descended from all of—
i: Hei:
ii: Waitaha:
iii: Mākino II; and
b: who exercised the customary rights predominantly in relation to the Ngāti Mākino area of interest at any time after 6 February 1840.
10: Meaning of historical claims
1: In this Act, historical claims
a: means the claims described in subsection (2); and
b: includes the claims described in subsection (3); but
c: does not include the claims described in subsection (4).
2: The historical claims are every claim (whether or not the claim has arisen or been considered, researched, notified, or made by or on the settlement date) that Ngāti Mākino (or a representative entity) had on or before the settlement date, or may have after the settlement date, and that—
a: is, or is founded on, a right arising—
i: from the Treaty of Waitangi
ii: under legislation; or
iii: at common law (including aboriginal title or customary law); or
iv: from 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
ii: by or under legislation.
3: The historical claims include—
a: every claim to the Waitangi Tribunal to which subsection (2) applies that relates exclusively to Ngāti Mākino or a representative entity, including—
i: Wai 275—Tāhunaroa and Waitahanui Blocks claim; and
ii: Wai 334—Matata land claim; and
b: every other claim to the Waitangi Tribunal to which subsection (2) applies, so far as it relates to Ngāti Mākino (or a representative entity).
4: However, historical claims
a: a claim that a member of Ngāti Mākino, or a whānau, hapū, or group referred to in section 9(1)(c)
b: a claim that a representative entity had or may have to the extent that it is founded on a claim referred to in paragraph (a).
3: Settlement of historical claims
Historical claims settled and jurisdiction of courts, etc, removed
11: Settlement of historical claims final
1: The historical claims are settled.
2: The settlement of the historical claims is final and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
3: Subsections (1) and (2) do not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.
4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the deed of settlement; or
c: this Act; or
d: the redress provided under the deed of settlement or this Act.
5: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act. Consequential amendment to Treaty of Waitangi Act 1975
12: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: Schedule 3 Ngāti Mākino Claims Settlement Act 2012, section 11(4) and (5) 2012-08-01 Treaty of Waitangi Act 1975 Protections no longer apply
13: Certain enactments do not apply
1: The enactments listed in subsection (2) do not apply—
a: to the cultural redress property; or
b: to the licensed land; or
c: to the Moutoroi Pā site; or
d: to the Ōtamarākau School site, but only on and from the Ōtamarākau School site settlement date; or
e: to the RFR land; or
f: for the benefit of Ngāti Mākino or a representative entity.
2: The enactments are—
a: sections 8A to 8HJ
b: sections 27A to 27C
c: sections 568 to 570
d: Part 3
e: Part 3 Section 13(2)(c) replaced 1 August 2020 section 668 Education and Training Act 2020
14: Removal of memorials
1: The chief executive of LINZ must issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that—
a: is all or part of land described in section 13(1)
b: is contained in a certificate of title or computer register that has a memorial entered under any enactment referred to in section 13(2)
2: The chief executive of LINZ must issue a certificate under subsection (1) as soon as is reasonably practicable after—
a: the settlement date, in the case of land described in section 13(1)(a), (b), (c), and (e)
b: the Ōtamarākau School site settlement date, in the case of the Ōtamarākau School site.
3: Each certificate must state that it is issued under this section.
4: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1),—
a: register the certificate against each certificate of title or computer register identified in the certificate; and
b: cancel, in respect of each allotment identified in the certificate, each memorial that is entered (in accordance with any enactment referred to in section 13(2)
4: Miscellaneous matters
No limit on duration of trusts Heading replaced 30 January 2021 section 161 Trusts Act 2019
15: Limit on duration of trusts does not apply
1: No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: prescribe or restrict the period during which—
i: the Ngāti Mākino Iwi Authority may exist in law; or
ii: the trustees, in their capacity as trustees, may hold or deal with property (including income derived from property); or
b: apply to a document entered into in order to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
2: However, if the Ngāti Mākino Iwi Authority is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) Section 15 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 15(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 15(2) amended 30 January 2021 section 161 Trusts Act 2019 Timing of actions or matters
16: Timing of actions or matters
1: Actions or matters occurring under this Act occur or take effect on and from the settlement date.
2: However, if a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on and from that other date. Access to deed of settlement
17: 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 and 5 pm on any business day; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
2: Cultural redress
1: Protocols
General provisions
18: Authority to issue, amend, or cancel protocols
1: A responsible Minister may—
a: issue a protocol to the trustees; and
b: amend or cancel the protocol.
2: The protocol may be amended or cancelled under subsection (1) on the initiative of either—
a: the trustees; or
b: the responsible Minister.
3: The responsible Minister may amend or cancel the protocol only after consulting, and having particular regard to the views of, the trustees.
4: A Crown minerals protocol must be in the form set out in Part 5 of the documents schedule at the settlement date.
5: A taonga tūturu protocol must be in the form set out in Part 4 of the documents schedule at the settlement date.
19: Protocol subject to rights, functions, and obligations
A protocol does not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and government policy, which includes (without limitation) the ability to—
i: introduce legislation and change government policy; and
ii: interact with or consult a person the Crown considers appropriate, including (without limitation) any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of the responsible Minister or responsible department; or
c: the legal rights of Ngāti Mākino or a representative entity.
20: Enforceability of protocol
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails, without good cause, to comply with the protocol, the trustees may, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or any form of monetary compensation are not available as a remedy for a failure by the Crown to comply with the protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed for the implementation of the protocol; and
b: subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2). Taonga tūturu protocol
21: Effect of taonga tūturu protocol
The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu. Crown minerals protocol
22: Noting and effect of Crown minerals protocol
1: A summary of the terms of the Crown minerals protocol must be noted in—
a: a register of protocols maintained by the chief executive of the responsible department; and
b: the minerals programmes that affect the Crown minerals protocol area when those programmes are replaced.
2: The noting of the Crown minerals protocol—
a: is for the purpose of public notice only; and
b: is not an amendment to the minerals programmes for the purposes of the Crown Minerals Act 1991
3: The Crown minerals protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals.
4: In this section, minerals programme section 2(1)
2: Statutory acknowledgement and deed of recognition
Statutory acknowledgement
23: Statutory acknowledgement by the Crown
1: The Crown acknowledges the statements of association.
2: In this subpart, statements of association
a: that are made by Ngāti Mākino of their particular cultural, spiritual, historical, and traditional association with each statutory area; and
b: that are in the form set out in Part 2 of the documents schedule at the settlement date.
24: Purposes of statutory acknowledgement
1: The only purposes of the statutory acknowledgement are to—
a: require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 25 to 27
b: require relevant consent authorities to give summaries and notices of resource consent applications to the trustees, as provided for in section 29
c: enable the trustees and any member of Ngāti Mākino to cite the statutory acknowledgement as evidence of the association of Ngāti Mākino with the relevant statutory areas, as provided for in section 30
2: This section does not limit sections 33 to 35 Section 24(1)(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
25: Relevant consent authorities to have regard to statutory acknowledgement
1: This section applies to a relevant consent authority that has received an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, the relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E
3: Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991
26: Environment Court to have regard to statutory acknowledgement
1: This section applies to proceedings before the Environment Court in relation to an application for a resource consent for activities within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274
3: Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991
27: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1)
2: In this section, archaeological site section 6 Section 27 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
28: Recording statutory acknowledgement on statutory plans
1: On and from the effective date, each relevant consent authority must attach a record of the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
2: The record attached to a statutory plan must include—
a: the relevant provisions of sections 24 to 27
b: the descriptions of the statutory areas wholly or partly covered by the plan; and
c: any statements of association for the statutory areas.
3: The attachment of the record to a statutory plan under this section is for the purpose of public information only, and the information is not—
a: part of the statutory plan, unless adopted by the relevant consent authority; or
b: subject to the provisions of Schedule 1
29: Distribution of resource consent applications to trustees
1: Each relevant consent authority must, for a period of 20 years starting on the effective date, give the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:
a: if the application is received by the consent authority, a summary of the application; or
b: if notice of the application is served on the consent authority under section 145(10)
2: The information provided in a summary of an application must be the same as would be given to an affected person by limited notification under section 95B
3: A summary of an application must be provided under subsection (1)(a)—
a: as soon as is reasonably practicable after the consent authority receives the application; and
b: before the consent authority decides under section 95(a)
4: A copy of the notice of an application must be provided to the trustees under subsection (1)(b) no later than 10 business days after the day on which the consent authority receives the notice.
5: This section does not affect a relevant consent authority's obligation,—
a: under section 95(a)
b: under section 95E
30: Use of statutory acknowledgement
1: The trustees and any member of Ngāti Mākino may, as evidence of the association of Ngāti Mākino with a statutory area, cite the statutory acknowledgement that relates to that area in submissions to, and proceedings before, a relevant consent authority, the Environmental Protection Authority or a board of inquiry under Part 6AA Heritage New Zealand Pouhere Taonga
2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—
a: relevant consent authorities:
b: the Environmental Protection Authority or a board of inquiry under Part 6AA
c: the Environment Court:
d: Heritage New Zealand Pouhere Taonga:
e: parties to proceedings before those bodies:
f: any other person who is entitled to participate in those proceedings.
3: Despite subsection (2), the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
4: To avoid doubt,—
a: neither the trustees nor members of Ngāti Mākino are precluded from stating that Ngāti Mākino have an association with a statutory area that is not described in the statutory acknowledgement; and
b: the content and existence of the statutory acknowledgement do not limit any statement made. Section 30(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 30(2)(d) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
31: Trustees may waive rights
1: The trustees may waive the right to be given summaries, and copies of notices, of resource consent applications under section 29
2: The trustees may waive the right to have a relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga sections 25 to 27
3: Rights must be waived by written notice to the relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
a: the scope of the waiver; and
b: the period for which it applies.
4: An obligation under this subpart does not apply to the extent that the corresponding right has been waived under this section. Section 31(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 31(3) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Deed of recognition
32: Authorisation to enter into deed of recognition
1: The Minister of Conservation and the Director-General may—
a: make a deed of recognition in relation to the statutory area referred to as part of Lake Rotoma Scenic Reserve:
b: amend the deed of recognition, but only with the consent of the trustees.
2: The deed of recognition must be substantially in the form set out in Part 3 of the documents schedule. General provisions
33: Exercise or performance of powers, duties, and functions
1: Except as expressly provided in this subpart,—
a: neither the statutory acknowledgement nor a deed of recognition affects, or may be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw; and
b: no person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of Ngāti Mākino with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.
2: Subsection (1)(b) does not affect the operation of subsection (1)(a).
34: Rights not affected
Except as expressly provided in this subpart, neither the statutory acknowledgement nor a deed of recognition affects the lawful rights or interests of any person who is not a party to the deed of settlement.
35: Limitation of rights
Except as expressly provided in this subpart, neither the statutory acknowledgement nor a deed of recognition has the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area. Consequential amendment to Resource Management Act 1991
36: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: Schedule 11 Ngāti Mākino Claims Settlement Act 2012 2012-08-01 Resource Management Act 1991
3: Whenua rāhui
37: Interpretation
1: In this Act, whenua rāhui
2: In this subpart,— conservation board section 6L conservation management plan section 2(1) conservation management strategy section 2(1) national park management plan sections 45 to 48 New Zealand Conservation Authority section 6A Ngāti Mākino values protection principles section 41(4) and (5) statement of general policy section 17B section 44 statement of Ngāti Mākino values whenua rāhui site
a: means the site that is declared under section 38
b: does not include an area that is declared under section 52(1)
38: Declaration of whenua rāhui of Ngāti Mākino
Part of Lake Rotoma Scenic Reserve as described in Schedule 1
39: The Crown's acknowledgement of Ngāti Mākino values
The Crown acknowledges the statement of Ngāti Mākino values relating to the whenua rāhui site.
40: Purposes of whenua rāhui
The only purposes of the declaration of a whenua rāhui under section 38 section 39
a: to require the New Zealand Conservation Authority and relevant conservation boards to have particular regard to the statement of Ngāti Mākino values and the protection principles, as provided in section 42 section 43
b: to require the New Zealand Conservation Authority to give the trustees an opportunity to make submissions, as provided for in section 44
c: to enable the taking of action under sections 45 to 50
41: Agreement on protection principles
1: The trustees and the Crown may agree on, and publicise, protection principles.
2: The purpose of the protection principles is to assist the Minister of Conservation in avoiding—
a: harm to the Ngāti Mākino values; or
b: diminishing the Ngāti Mākino values.
3: The protection principles set out in paragraph 1.3 of the documents schedule at the settlement date are to be treated as having been agreed by the trustees and the Crown under subsection (1).
4: The trustees and the Crown may amend the protection principles by agreement in writing.
5: Despite subsection (3), the Crown may amend the protection principles to take account of a deed of settlement entered into by the Crown with another person or group with an interest in the whenua rāhui site.
6: However, before amending the protection principles under subsection (4), the Crown must consult the trustees.
42: Duties of New Zealand Conservation Authority and conservation boards in relation to Ngāti Mākino values and protection principles
1: This section applies when the New Zealand Conservation Authority or a conservation board considers or approves a statement of general policy, a conservation management strategy, a conservation management plan, or a national park management plan in relation to the whenua rāhui site.
2: The New Zealand Conservation Authority or the conservation board must have particular regard to—
a: the statement of Ngāti Mākino values; and
b: the protection principles.
43: New Zealand Conservation Authority and conservation boards to consult trustees
1: This section applies before the New Zealand Conservation Authority or a conservation board approves a statement of general policy, a conservation management strategy, a conservation management plan, or a national park management plan in relation to the whenua rāhui site.
2: The New Zealand Conservation Authority or the conservation board must—
a: consult the trustees; and
b: have particular regard to the views of the trustees as to the effect of the policy, strategy, or plan on—
i: Ngāti Mākino values; and
ii: the protection principles.
44: Opportunity to make submissions on draft conservation management strategy
1: This section applies if the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy that relates to the whenua rāhui site.
2: The New Zealand Conservation Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to their concerns.
45: Noting of whenua rāhui
1: The declaration of the whenua rāhui must be noted in the following documents if the documents affect the whenua rāhui site:
a: a conservation management strategy:
b: a conservation management plan:
c: a national park management plan.
2: The noting of the whenua rāhui under subsection (1)—
a: is for the purpose of public notice only; and
b: is not an amendment to a document for the purposes of section 17I section 46
46: Notification of actions in
Gazette
1: As soon as practicable after the settlement date, the Minister of Conservation must notify in the Gazette
a: the declaration that part of Lake Rotoma Scenic Reserve is subject to the whenua rāhui; and
b: the protection principles.
2: The Minister of Conservation must notify any amendments to the protection principles agreed under section 41 Gazette
3: The Director-General may, at his or her discretion, notify in the Gazette sections 47 to 50
47: Actions by Director-General
1: After the Minister of Conservation notifies the protection principles in the Gazette
2: The Director-General retains a complete discretion to determine the method and extent of the action to be taken under subsection (1).
3: The Director-General must notify the trustees in writing of the action the Director-General intends to take under subsection (1).
4: If requested in writing by the trustees, the Director-General must not take action in respect of the protection principles to which the request relates.
5: Subsection (1) applies subject to subsections (2) to (4).
48: Amendment of conservation documents
1: The Director-General may initiate an amendment to a conservation management strategy or plan, or a national park management plan to incorporate objectives relating to the protection principles (including incorporating a recommendation to make regulations or bylaws).
2: The Director-General must consult relevant conservation boards before initiating an amendment under subsection (1).
3: An amendment initiated under subsection (1) is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
4: This section does not limit section 47(2)
49: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for 1 or more of the following purposes:
a: to provide for the implementation of objectives included in a strategy or plan under section 48(1)
b: to regulate or prohibit activities or conduct by members of the public in the whenua rāhui site:
c: to create offences for breaches of regulations made under paragraph (b):
d: to provide for the following fines to be imposed:
i: for an offence referred to in paragraph (c), a fine not exceeding $5,000; and
ii: for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 49(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
50: Bylaws
1: The Minister of Conservation may make bylaws for 1 or more of the following purposes:
a: to provide for the implementation of objectives included in a strategy or plan under section 48(1)
b: to regulate or prohibit activities or conduct by members of the public in the whenua rāhui site:
c: to create offences for breaches of bylaws made under paragraph (b):
d: to provide for the following fines to be imposed:
i: for an offence referred to in paragraph (c), a fine not exceeding $1,000; and
ii: for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.
2: Bylaws under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 50(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
51: Existing classification of whenua rāhui site
1: This section applies if the whenua rāhui applies to any land in—
a: a national park under the National Parks Act 1980
b: a conservation area under the Conservation Act 1987
c: a reserve under the Reserves Act 1977
2: The whenua rāhui does not affect—
a: the purpose of the national park, conservation area, or reserve; or
b: the classification of the land as a national park, conservation area, or reserve.
52: Termination of whenua rāhui
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of the whenua rāhui site is no longer subject to the whenua rāhui.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
a: the trustees and the Minister of Conservation have agreed in writing that the whenua rāhui is no longer appropriate for the area concerned; or
b: the area concerned is to be or has been disposed of by the Crown; or
c: the responsibility for managing the area concerned is to be or has been transferred to a different Minister of the Crown or the Commissioner of Crown Lands.
3: Subsection (4) applies if—
a: subsection (2)(c) applies; or
b: there is a change in the statutory management regime that applies to all or part of the whenua rāhui site.
4: The Crown must take reasonable steps to try to ensure that the trustees continue to have the opportunity to contribute to the management of the area concerned.
5: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 52(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
53: Exercise of powers, functions, and duties
1: This section applies except to the extent that this subpart expressly provides otherwise.
2: The declaration under section 38 section 39
3: No person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to Ngāti Mākino values than that person would give under the relevant legislation or bylaw if the whenua rāhui site had not been declared subject to the whenua rāhui and the statements of Ngāti Mākino values had not been acknowledged.
4: Subsection (3) does not limit subsection (2).
54: Rights not affected
Sections 38 39
55: Limitation of rights
Sections 38 39
4: The Crown not prevented from providing other similar redress
56: The Crown not prevented from providing other similar redress
1: The provision of the cultural redress in subparts 1 2 3
a: providing, or agreeing to introduce legislation providing or enabling, the same or similar redress to any person other than Ngāti Mākino or the trustees:
b: disposing of land.
2: However, subsection (1) is not an acknowledgement by the Crown or Ngāti Mākino that any other iwi or group has interests in relation to land or an area to which any of the cultural redress relates.
5: Cultural redress properties
57: Interpretation
In this Part,— cultural redress property Schedule 2 Site that vests in fee simple subject to easement
a: Te Kōhanga site: Site that vests in fee simple subject to conservation covenant
b: the Rākau ō Kauwae Hapa site: Sites that vest in fee simple to be administered as scenic reserves
c: the Lake Rotoehu Scenic Reserve site:
d: the Balance of Matawhāura site:
e: Ngā Pōrōtai-o-Waitaha-a-Hei site: Site that vests in fee simple to be administered as local purpose (conservation and education) reserve
f: the Rotoehu Forest Central Wānanga site joint entity section 118 Matawhāura (part of the Lake Rotoiti Scenic Reserve) section 118 reserve site
a: the Lake Rotoehu Scenic Reserve site:
b: the Balance of Matawhāura site:
c: Ngā Pōrōtai-o-Waitaha-a-Hei site:
d: the Rotoehu Forest Central Wānanga site. Site that vests in fee simple subject to easement
58: Te Kōhanga site
1: Te Kōhanga site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Te Kōhanga site vests in the trustees.
3: However, before subsections (1) and (2) take effect, the trustees must provide the Crown with a registrable right of way easement in gross in favour of the Minister of Conservation over the routes shown marked A and B on deed plan OTS-275-06 (subject to survey) and on the terms and conditions set out in subpart B of Part 8 of the documents schedule ( Te Kōhanga site easement
4: The Minister of Conservation must, by or on the settlement date, provide the trustees with a registrable right of way easement that provides the trustees with access to Te Kōhanga site over—
a: the route shown marked A and B on the diagram attached to the form of easement in subpart E of Part 8 of the documents schedule ( Te Kōhanga easement
b: the area shown marked as A on SO 379094.
59: Conditions on use and management of Te Kōhanga site
1: The trustees must use and manage Te Kōhanga site in a way that—
a: is consistent with the site's location in a corridor of significant indigenous ecological value; and
b: does not detract from the status of the adjoining land as an ecological area under the Conservation Act 1987
2: The trustees must ensure that, in relation to Te Kōhanga site,—
a: the risk of fire is minimised; and
b: areas containing farm animals are fenced so that the animals cannot enter areas of native vegetation; and
c: diverse uses of the site are promoted while the amount of open or cleared land is minimised; and
d: the introduction of domestic animals other than farmed animals is prevented; and
e: the presence and spread of weeds are minimised.
3: To avoid doubt, the following activities are prohibited on Te Kōhanga site:
a: the clear felling of indigenous vegetation:
b: the conversion of all of the site to pasture:
c: open-cast mining:
d: the farming of animals controlled under the Wild Animal Control Act 1977
60: Transfer of beehive permit
1: This section applies to the beehive permit on and after the settlement date.
2: The Conservation Act 1987
3: The beehive permit continues to apply to Te Kōhanga site as if—
a: the permit were a contract between the holder of the permit (referred to as the applicant or the concessionaire in the permit) and the registered proprietor of Te Kōhanga site; and
b: every reference to the Minister of Conservation or the grantor were a reference to the registered proprietor of Te Kōhanga site.
4: In this section, beehive permit section 17Q
61: Application of income from Te Kōhanga site
1: The trustees must ensure that any income received by the trustees as payment for the use of Te Kōhanga is used for conservation purposes in relation to 1 or more of—
a: Matawhāura (part of the Lake Rotoiti Scenic Reserve):
b: the Balance of Matawhāura site:
c: the Lake Rotoehu Scenic Reserve site:
d: Ngā Pōrōtai-o-Waitaha-a-Hei site:
e: the Rotoehu Forest Central Wānanga site:
f: the Rākau ō Kauwae Hapa site.
2: Despite subsection (1), the trustees may apply so much of the income as is needed to meet the reasonable expenses incurred in relation to Te Kōhanga site.
3: In this section, conservation purposes
a: maintaining their intrinsic values; and
b: providing for their appreciation and recreational enjoyment by the public; and
c: safeguarding the choices of future generations; and
d: providing educational services relating to the matters described in paragraphs (a) to (c). Site that vests in fee simple subject to conservation covenant
62: Rākau ō Kauwae Hapa site
1: The Rākau ō Kauwae Hapa site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Rākau ō Kauwae Hapa site vests in the trustees.
3: However, before subsections (1) and (2) take effect, the trustees must provide the Crown with a registrable covenant in relation to the Rākau ō Kauwae Hapa site in the form described as the Rākau ō Kauwae Hapa covenant set out in subpart A of Part 8 of the documents schedule.
4: The Rākau ō Kauwae Hapa covenant is a conservation covenant for the purposes of section 77 Sites that vest in fee simple to be administered as reserves
63: Lake Rotoehu Scenic Reserve site
1: The reservation of the Lake Rotoehu Scenic Reserve site as a scenic reserve subject to section 19
2: The fee simple estate in the Lake Rotoehu Scenic Reserve site vests in the trustees.
3: The Lake Rotoehu Scenic Reserve site is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The name of the reserve created under subsection (3) is Lake Rotoehu Scenic Reserve.
64: Balance of Matawhāura site
1: The reservation of the Balance of Matawhāura site as a scenic reserve subject to section 19
2: The fee simple estate in the Balance of Matawhāura site vests in the trustees.
3: The Balance of Matawhāura site is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
65: Ngā Pōrōtai-o-Waitaha-a-Hei site
1: Ngā Pōrōtai-o-Waitaha-a-Hei site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Ngā Pōrōtai-o-Waitaha-a-Hei site vests in the trustees.
3: Ngā Pōrōtai-o-Waitaha-a-Hei site is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The name of the reserve created under subsection (3) is Ngā Pōrōtai-o-Waitaha-a-Hei Scenic Reserve.
5: The Minister of Conservation must, by or on the settlement date, provide the trustees with a registrable right of way easement that provides the trustees with access to Ngā Pōrōtai-o-Waitaha-a-Hei site over the route the general location of which is shown marked A on the diagram attached to the form of easement in subpart C of Part 8 of the documents schedule ( Ngā Pōrōtai-o-Waitaha-a-Hei site easement
66: Rotoehu Forest Central Wānanga site
1: The Rotoehu Forest Central Wānanga site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Rotoehu Forest Central Wānanga site vests in the trustees.
3: The Rotoehu Forest Central Wānanga site is declared a reserve and classified as a local purpose (conservation and education) reserve for the purposes specified in section 23
4: The name of the reserve created under subsection (3) is Rotoehu Forest Central Wānanga Local Purpose Reserve.
5: The Minister of Conservation must, by or on the settlement date, provide the trustees with a registrable right of way easement that provides the trustees with access to the Rotoehu Forest Central Wānanga site over the route the general location of which is shown marked A on the diagram attached to the form of easement in subpart D of Part 8 of the documents schedule ( Rotoehu Forest Central Wānanga site easement
67: Easements over conservation land
1: Despite Part 3B sections 58 65 66
2: An easement granted under this section—
a: is enforceable in accordance with its terms; and
b: must be treated as if it were granted under Part 3B
c: is registrable under section 17ZA(2)
6: General provisions relating to vesting of cultural redress properties
68: Properties vest subject to, or together with, encumbrances and permits
Each cultural redress property vests under subpart 5 Schedule 2
69: Registration of ownership
1: This section applies in relation to the fee simple estate in a cultural redress property vested in the trustees under subpart 5
2: The Registrar-General must, on written application by an authorised person, comply with subsections (3) and (4).
3: To the extent that a cultural redress property is all of the land contained in a computer freehold register, the Registrar-General must—
a: register the trustees as the proprietors of the fee simple estate in the land; and
b: make any entries in the register, and do all other things, that are necessary to give effect to this Part and to Part 5 of the deed of settlement.
4: To the extent that a cultural redress property is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property, the Registrar-General must, in accordance with an application received from an authorised person,—
a: create 1 or more computer freehold registers for the fee simple estate in the property in the names of the trustees; and
b: enter on the register any encumbrances that are registered, notified, or notifiable and that are described in the application.
5: Subsection (4) applies subject to the completion of any survey necessary to create the computer freehold register.
6: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing by the trustees and the Crown.
7: In this section, authorised person
70: 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 subpart 5 Part 4A sections 24(2A) 24A 24AA
2: Despite subsection (1), the rest of section 24 subpart 5
3: If the reservation of a reserve site under subpart 5 section 24
71: Recording application of Part 4A of Conservation Act 1987 and sections of this Part
1: The Registrar-General must record on the computer freehold register for—
a: a reserve site (other than the Balance of Matawhāura site) that—
i: the land is subject to Part 4A section 24
ii: the land is subject to sections 70(3) 74(1) to (7)
b: the Balance of Matawhāura site that—
i: the land is subject to Part 4A section 24
ii: the land is subject to sections 70(3) 74
c: Te Kōhanga site that the land is subject to—
i: Part 4A
ii: sections 59 61
d: any other cultural redress property that the land is subject to Part 4A
2: A notification made under subsection (1) that land is subject to Part 4A section 24D(1)
3: If the reservation under subpart 5
a: all of the site, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the site the notifications that—
i: section 24
ii: the site is subject to sections 70(3) 74
b: part of the site, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain on the computer freehold register only for the part of the site that remains a reserve.
4: If the reservation under subpart 5
a: all of the site, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the site the notifications that—
i: section 24
ii: the site is subject to sections 70(3) 74(1) to (7)
b: part of the site, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain on the computer freehold register only for the part of the site that remains a reserve.
5: The Registrar-General must comply with an application received in accordance with subsection (3)(a) or (4)(a).
72: Application of other enactments
1: Sections 24 25 subpart 5
2: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under subpart 5
b: any matter incidental to, or required for the purpose of, the vesting.
3: The vesting of the fee simple estate in a cultural redress property under subpart 5
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348 Provisions relating to reserve sites
73: Application of Reserves Act 1977 to reserve sites
1: The trustees are the administering body of a reserve site for the purposes of the Reserves Act 1977
2: Despite sections 48A(6) 114(5) 115(6) sections 48A 114 115
3: Sections 78(1)(a) 79 to 81 88
4: If the reservation under subpart 5 of a reserve site is revoked under section 24 section 25
74: Subsequent transfer of reserve land
1: This section applies to all, or the part, of a reserve site that, at any time after vesting in the trustees under subpart 5, continues to be a reserve under the Reserves Act 1977 reserve land
2: The fee simple estate in the reserve land may be transferred to any other person, but only in accordance with this section, despite any other enactment or rule of law.
3: The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners
a: comply with the requirements of the Reserves Act 1977
b: perform the duties of an administering body under that Act.
4: The Registrar-General must, upon receiving the documents specified in subsection (5), register the new owners as the proprietors of the fee simple estate in the reserve land.
5: The documents are—
a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the reserve land; and
c: any other document required for registration of the transfer instrument.
6: The new owners, from the time of registration under subsection (4),—
a: are the administering body of the reserve land for the purposes of the Reserves Act 1977
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.
7: Despite subsections (1) and (2), subsections (3) to (6) do not apply to the transfer of the fee simple estate in reserve land if—
a: the transferors of the reserve land are or were the trustees of a trust; and
b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and
c: the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply.
8: Despite subsections (1) and (2),—
a: subsection (3) does not apply to the transfer of the fee simple estate in the Balance of Matawhāura site to the joint entity in accordance with clause 5.18 of the deed of settlement; and
b: subsection (4) applies to the transfer as if subsection (5)(b) had not been enacted.
75: Trustees must not mortgage reserves
The registered proprietors of a reserve site must not mortgage, or give a security interest in, all or any part of the site that, at any time after vesting in the trustees under subpart 5 Reserves Act 1977
76: Saving of bylaws, etc, in relation to reserve sites
1: This section applies to any bylaw, prohibition, or restriction on use or access that an administering body or the Minister made under the Reserves Act 1977 Conservation Act 1987 subpart 5
2: The bylaw, prohibition, or restriction on use or access remains in force until it expires or is revoked under the Reserves Act 1977 Conservation Act 1987
7: Names of reserves and conservation areas
77: New reserve names
1: If a site vested under subpart 5 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
a: that official geographic name is discontinued; and
b: the Board must ensure that, as soon as is reasonably practicable, the official geographic name is removed from the Gazetteer.
2: However, if a site vested under subpart 5
a: subsection (1)(a) applies only to the part of the site that is vested under subpart 5
b: the Board must amend the Gazetteer so that the official geographic name applies only to the part of the reserve or conservation area that is not vested under subpart 5
3: If a site is vested under subpart 5
4: In this section,— Board section 7 Crown protected area Gazetteer official geographic name section 4
8: Moutoroi Pā site
78: Moutoroi Pā
1: In this Act, Moutoroi Pā site Schedule 3
2: The fee simple estate in the Moutoroi Pā site vests in the trustees.
3: Sections 69 to 72
3: Commercial redress
1: Transfer of licensed land and Ōtamarākau School site
79: Transfer of licensed land and Ōtamarākau School site to Ngāti Mākino
To give effect to Part 6 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to do 1 or both of the following:
a: transfer the fee simple estate in the licensed land or the Ōtamarākau School site to the trustees:
b: sign a transfer instrument or other document, or do any other thing to effect that transfer.
80: Registrar-General to create computer freehold register for Ōtamarākau School site
1: This section applies to the Ōtamarākau School site to the extent that it is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property.
2: The Registrar-General must, in accordance with a written application by an authorised person, and after completion of any necessary survey, create a computer freehold register for the fee simple estate in the property in the name of the Crown—
a: subject to, and together with, any encumbrances that are registered, notified, or notifiable and that are described in the written application; but
b: without any statement of purpose.
3: In this section and sections 81 82 authorised person
81: Registrar-General to create computer freehold register for licensed land
1: This section applies to the licensed land.
2: The Registrar-General must, in accordance with a written application by an authorised person and after completion of any necessary survey, create 1 computer freehold register in the name of the Crown—
a: subject to, and together with, any encumbrances that are registered, notified, or notifiable and that are described in the written application; but
b: without any statement of purpose.
82: Authorised person may grant covenant for later creation of computer freehold register
1: For the purposes of sections 80 81
2: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register a covenant (referred to in subsection (1)) under the Land Transfer Act 1952
b: the Registrar-General must register the covenant in accordance with paragraph (a).
83: Application of other enactments
1: Section 11 Part 10
a: the transfer to the trustees of the licensed land or the Ōtamarākau School site; or
b: any matter incidental to, or required for the purpose of, the transfer.
2: The transfer of the licensed land or the Ōtamarākau School site to the trustees does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
3: The transfer of the licensed land or the Ōtamarākau School site to the trustees is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
4: In exercising the powers conferred by section 79
5: Subsection (4) is subject to subsections (2) and (3).
6: The permission of a council under section 348
2: Licensed land
84: Licensed land ceases to be Crown forest land
1: The licensed land ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the trustees.
2: However, although the licensed land does not cease to be Crown forest land until the transfer of the fee simple estate in the land to the trustees is registered, neither the Crown nor any court or tribunal may do any thing, or omit to do any thing, if that act or omission would, between the settlement date and the date of registration, be inconsistent with this Part or Part 6 of the deed of settlement.
3: Subsection (2) applies even if the act or omission would be consistent with the Crown Forest Assets Act 1989
85: Cancellation of protective covenant over part of Waitahanui Stream
1: The Minister for State Owned Enterprises must vary the protective covenant over Waitahanui Stream by cancelling the covenant to the extent that it relates to the area shown on deed plan OTS-275-12 as soon as practicable after the settlement date. The area is subject to survey.
2: Section 21
3: However, section 22
4: In this section, protective covenant section 18
86: Trustees confirmed beneficiaries and licensors in relation to licensed land
1: The trustees are, in relation to the licensed land, the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed.
2: The effect of subsection (1) is that—
a: the trustees are entitled to the rental proceeds payable since the commencement of the Crown forestry licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries.
3: The Crown must give notice under section 17(4)(b) section 8HB(1)(a)
4: Notice given by the Crown under subsection (3) has effect as if—
a: the Waitangi Tribunal had made a recommendation under section 8HB(1)(a)
b: the recommendation had become final on the settlement date.
5: The trustees are the licensor under the Crown forestry licence as if the licensed land had been returned to Māori ownership—
a: on the settlement date; and
b: under section 36
6: However, section 36(1)(b)
87: Effect of transfer of licensed land
1: Section 86
a: the transfer of the fee simple estate in the licensed land has been registered; or
b: the processes described in clause 17.4 of the Crown forestry licence have been completed.
2: To the extent that the Crown has not completed the processes referred to in subsection (1)(b) before the settlement date, it must continue those processes—
a: after the settlement date; and
b: until the processes are completed.
3: For the period from the settlement date until the completion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the licensed land is the amount calculated in the manner described in paragraphs 6.24 and 6.25 of the property redress schedule.
4: With effect on and from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the licensed land, be read as if they were references to the trustees.
88: Minister of Conservation may grant easements
1: Despite Part 3B
2: An easement granted under this section—
a: is enforceable in accordance with its terms; and
b: must be treated as if it were granted under Part 3B
c: is registrable under section 17ZA(2)
89: Public access to licensed land
1: Clause 6.2 of the Crown forestry licence (which relates to public entry for recreational purposes) continues to apply even though the Crown is no longer the licensor under the licence because the land has been transferred to the trustees under section 79
2: A notification to the same effect as described in subsection (1) must—
a: be recorded against the computer freehold register for the licensed land; and
b: on application by the registered proprietor, be removed from the computer freehold register for the licensed land on the expiry of the Crown forestry licence.
90: Public right of way easement may be granted
1: A public right of way easement may be granted under section 8
2: Sections 26 27 section 8(b)
3: In this section, public right of way easement
3: Access to protected site
91: Meaning of protected site
In this subpart, protected site
a: is wāhi tapu or a wāhi tapu area within the meaning of section 6
b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero (as defined in section 6 Section 91(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 91(b) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
92: Right of access to protected site
1: The owner of the land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow access across the land to each protected site to Māori for whom the protected site is of spiritual, cultural, or historical significance.
2: The right of access may be exercised by vehicles or by foot over any reasonably convenient routes specified by the owner.
3: The right of access is subject to the following conditions:
a: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and
b: the right of access may be exercised only at reasonable times and during daylight hours; and
c: a person exercising the right of access must observe any reasonable conditions imposed by the owner relating to the time, location, or manner of access as are reasonably required—
i: for the safety of people; or
ii: for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
iii: for operational reasons.
93: Right of access subject to Crown forestry licence
1: The right of access conferred by section 92
2: An amendment to a Crown forestry licence will be of no effect to the extent that it purports to—
a: delay the date from which a person who has a right of access under section 92
b: otherwise adversely affect the right of access.
94: Registrar-General must note right of access
1: The Registrar-General must, in accordance with a written application by an authorised person, make a notation on the computer freehold register for the licensed land that the land is, or may at any future time become, subject to the right of access set out in section 92
2: An application must be made as soon as is reasonably practicable after the settlement date.
3: However, if the computer freehold register has not been created by the settlement date, an application must be made as soon as is reasonably practicable after the register has been created.
4: In this section, authorised person
4: Trustees’ right of first refusal in relation to RFR land
Interpretation
95: Interpretation
In this subpart and Schedule 4 dispose of
a: means to—
i: transfer or vest the fee simple estate in the land; or
ii: grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), for 50 years or longer; but
b: to avoid doubt, does not include to—
i: mortgage, or give a security interest in, the land; or
ii: grant an easement over the land; or
iii: consent to an assignment of a lease, or to a sublease, of the land; or
iv: remove an improvement, fixture, or fitting from the land expiry date sections 98(a) 99 notice offer section 98 public work section 2 RFR RFR land section 96 RFR landowner
a: means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
b: means a Crown body, if the body holds the fee simple estate in the land; and
c: includes a local authority to which RFR land has been disposed of under section 104(1) RFR period
96: Meaning of RFR land
1: In this Act, RFR land
a: land described in attachment 5 of the deed of settlement if, on the settlement date, the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
b: land obtained in exchange for RFR land disposed of under section 109(1)(c) 110
2: However, land ceases to be RFR land if—
a: the RFR landowner transfers the fee simple estate in the land to—
i: the trustees or their nominee (for example, under section 102
ii: any other person (including the Crown or a Crown body) in accordance with section 97(c)
b: the RFR landowner transfers the fee simple estate in the land to, or vests the fee simple estate in the land in, a person other than the Crown or a Crown body under any of sections 106 to 113
c: the RFR period ends. Restrictions on disposal of RFR land
97: Restrictions on disposal of RFR land
An RFR landowner must not dispose of RFR land to a person other than the trustees or their nominee unless the land is disposed of—
a: under any of sections 103 to 112
b: as required by a matter referred to in section 113(1)
c: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees, if the offer—
i: was made in accordance with section 98
ii: was on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and
iii: was not withdrawn under section 100
iv: was not accepted under section 101 Trustees' right of first refusal
98: Requirements for offer
An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees, incorporating—
a: the terms of the offer, including its expiry date; and
b: a legal description of the land, including any encumbrances affecting it and the reference for any computer register that applies to the land; and
c: a street address for the land (if applicable); and
d: a street address, postal address, and fax number for the trustees to give notices to the RFR landowner in relation to the offer.
99: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 20 business days after the trustees receive notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 10 business days after the trustees receive notice of the offer if—
a: the trustees received an earlier offer to dispose of the land; and
b: the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
100: Withdrawal of offer
The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted.
101: Acceptance of offer
1: The trustees may, by notice to the RFR landowner who made an offer, accept the offer if—
a: it has not been withdrawn; and
b: its expiry date has not passed.
2: The trustees must accept all the RFR land offered, unless the offer permits them to accept less.
102: Formation of contract
1: If the trustees accept an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the landowner and the trustees on the terms in the offer.
2: The terms of the contract may be varied by written agreement between the landowner and the trustees.
3: Under the contract, the trustees may nominate any person other than the trustees (the nominee
4: The trustees may nominate a nominee only—
a: if the nominee is lawfully able to hold the RFR land; and
b: by giving notice to the RFR landowner on or before the day that is 10 business days before the day on which the transfer is to settle.
5: The notice must specify—
a: the full name of the nominee; and
b: any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.
6: If the trustee nominates a nominee, the trustee remains liable for the obligations of the transferee under the contract. Disposal if land remains RFR land
103: Disposal to the Crown or Crown bodies
1: An RFR landowner may dispose of RFR land to—
a: the Crown; or
b: a Crown body.
2: To avoid doubt, if the RFR landowner is the Crown, it may dispose of RFR land to a Crown body in accordance with section 563 Section 103(2) amended 1 August 2020 section 668 Education and Training Act 2020
104: Disposal of existing public works to local authority
1: An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 section 2
2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—
a: an RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart.
105: Disposal of reserves to administering bodies
1: An RFR landowner may dispose of RFR land in accordance with section 26 26A
2: To avoid doubt, if RFR land that is reserve is vested in an administering body under subsection (1), the administering body does not become—
a: the RFR landowner of the land; or
b: subject to the obligations of an RFR landowner under this subpart.
3: However, if RFR land vests back in the Crown under section 25 27
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart. Disposal if land may cease to be RFR land
106: Disposal in accordance with enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
107: Disposal in accordance with legal or equitable obligation
An RFR landowner may dispose of RFR land in accordance with—
a: a legal or an equitable obligation that—
i: was unconditional before the settlement date; or
ii: was conditional before the settlement date but became unconditional on or after the settlement date; or
iii: arose after the exercise (whether before, on, or after the settlement date) of an option existing before the settlement date; or
b: the requirements, existing before the settlement date, of a gift, endowment, or trust relating to the land.
108: Disposal by the Crown under certain legislation
The Crown may dispose of RFR land in accordance with—
a: section 54(1)(d)
b: section 355(3)
c: subpart 3 of Part 2
109: Disposal of land held for public works
1: An RFR landowner may dispose of RFR land in accordance with—
a: section 40(2) or (4) 41
b: section 52 105(1) 106 114(3) 117(7) 119
c: section 117(3)(a)
d: section 117(3)(b)
e: section 23(1) or (4) 24(4) 26
2: To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 section 41(1)(e)
110: Disposals for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
111: Disposals for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
112: Disposals to tenants
The Crown may dispose of RFR land—
a: that was held on settlement date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or
b: under section 67
i: before the settlement date; or
ii: on or after the settlement date as a renewal of a lease granted before the settlement date; or
c: under section 93(4) RFR landowner's obligations
113: RFR landowner’s obligations under this subpart
1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
a: any other enactment or rule of law but, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any encumbrance, or legal or equitable obligation,—
i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees; and
ii: that the RFR landowner cannot satisfy by taking reasonable steps; and
c: the terms of a mortgage over, or security interest in, RFR land.
2: Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment.
3: This subpart does not limit any of the things referred to in subsection (1). Notices
114: Notice of RFR land with computer register after settlement date
1: If a computer register is first created for RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the register has been created.
2: If land for which there is a computer register becomes RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.
3: The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.
4: The notice must include the reference for the computer register and a legal description of the land.
115: Notice to trustees of disposal of RFR land to others
1: An RFR landowner must give the trustees notice of the disposal of RFR land by the landowner to a person other than the trustees.
2: The notice must be given at least on or before the date that is 20 business days before the disposal.
3: The notice must—
a: include a legal description of the land, including any encumbrances affecting it; and
b: identify any computer register that applies to the land; and
c: include a street address for the land (if applicable); and
d: identify the person to whom the land is being disposed of; and
e: explain how the disposal complies with section 97
f: if the disposal is made under section 97(c)
116: Notice of land ceasing to be RFR land
1: This section applies if land described in a computer register ceases to be RFR land because—
a: the RFR landowner transfers the fee simple estate in the land to—
i: the trustees (for example, under section 101
ii: any other person (including the Crown or a Crown body) under section 97(c)
b: the RFR landowner transfers the fee simple estate in the land to, or vests the fee simple estate in the land in, a person other than the Crown or a Crown body under sections 106 to 113
2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.
3: The notice must—
a: include a legal description of the land and identify the computer register that applies to the land; and
b: specify the details of the transfer or vesting of the land.
117: Notice requirements
Schedule 4
a: an RFR landowner; or
b: the trustees. Memorials for RFR land
118: Recording memorials on computer registers for RFR land
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers that apply to,—
a: the RFR land for which there is a computer register on the settlement date; and
b: the RFR land for which a computer register is first created after the settlement date; and
c: land for which there is a computer register that becomes RFR land after the settlement date.
2: The chief executive must issue a certificate as soon as is reasonably practicable after—
a: the settlement date, in the case of RFR land for which there is a computer register on the settlement date; or
b: receiving a notice under section 114
3: Each certificate must state that it is issued under this section.
4: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on the computer register for the RFR land identified in the certificate that the land—
a: is RFR land as defined in section 96
b: is subject to the restrictions under this subpart.
119: Removal of memorials when land to be transferred or vested
1: The chief executive of LINZ must, as soon as practicable after receiving a notice that land has ceased to be RFR land under section 116(2)
a: specifies the legal description of the land and identifies the computer register that applies to the land; and
b: specifies the details of the transfer or vesting of the land; and
c: states that it is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
3: If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting of the land described in the certificate, remove the memorial recorded under section 118
120: Removal of memorials when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends, issue to the Registrar-General a certificate that—
a: identifies each computer register that still has a memorial recorded on it under section 118
b: states that it is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove the memorial recorded under section 118 General provisions
121: Waiver and variation
1: The trustees may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart.
2: The trustees and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
3: A waiver or agreement under this section is on the terms, and applies for the period, specified in it.
122: Disposal of Crown bodies not affected
This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.