Ngati Ruanui Claims Settlement Act 2003

1: Title
This Act is the Ngati Ruanui Claims Settlement Act 2003.
1: Acknowledgements and apology by the Crown to Ngati Ruanui, and preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to—
a: record the acknowledgements and apology given by the Crown to Ngati Ruanui in the deed of settlement dated 12 May 2001 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Patrick John Heremaia, Hoani Rangiira Heremaia, Spencer Waemura Carr, and Simon Haimoana Maruera, for Ngati Ruanui; and
b: give effect to certain provisions of the deed of settlement, which is a deed that settles the Ngati Ruanui historical claims.
4: Act to bind 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 the other provisions of this Act or of the deed of settlement.
2: Part 1, which follows the title clause, includes preliminary provisions relating to the commencement and purpose of the Act, and records the acknowledgements and apology given by the Crown to Ngati Ruanui in the deed of settlement, with a Maori translation of the acknowledgement and apology.
3: Part 2
4: Part 3
a: the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body to consider the Ngati Ruanui historical claims; and
b: consequential amendments to the Treaty of Waitangi Act 1975
c: the effect of the settlement on certain resumptive memorials; and
d: miscellaneous matters relating to the settlement, such as the exclusion of the limit on the duration of a trust
5: Part 4
6: Part 5
a: the issue of protocols by the Ministers of Conservation, Fisheries, and Energy and the Minister for Arts, Culture and Heritage; and
b: the vesting in the governance entity of the fee simple estate of 7 cultural redress properties, including the vesting of the Makino scenic reserve in the governance entity as an administering body under the Reserves Act 1977
c: the grant of renewable Ukaipo entitlements over certain Ukaipo sites; and
d: an acknowledgement by the Crown of Ngati Ruanui values in respect of the Taki Poipoia o Ngati Ruanui at Wai-Ariki; and
e: a statutory acknowledgement by the Crown of the statements made by Ngati Ruanui of their cultural, spiritual, historical, and traditional association with 5 statutory areas, with provision for entering into deeds of recognition with the governance entity in relation to 4 statutory areas; and
f: the alteration of a place name and assignment of place names to specified locations; and
g: an acknowledgement by the Crown of the statements by Ngati Ruanui of their cultural, spiritual, historical, and traditional association with Nga Taonga a Tane raua ko Tangaroa (the indigenous species and certain species of fish and other aquatic life in the DOC and fisheries protocol areas respectively) and purangi in the Ngati Ruanui area of interest; and
h: an acknowledgement by the Crown of the customary non-commercial interest of Ngati Ruanui in the paua fishery within the fisheries protocol area; and
i: a right of first refusal in favour of the governance entity for certain shellfish quota; and
j: a preferential right to purchase authorisations if the Minister of Conservation offers, by public tender under Part 7
7: There are 11 schedules providing—
a: a description of the cultural redress properties; and
b: a description of the Ukaipo sites; and
c: the Taki Poipoia o Ngati Ruanui and Ngati Ruanui values relating to Wai-Ariki; and
d: a description of the areas over which statutory acknowledgements are made and those for which deeds of recognition may be entered into, and the texts of the statements by Ngati Ruanui of their association with the areas; and
e: the place name to be altered and place names to be assigned; and
f: Ngati Ruanui statements of association with Nga Taonga a Tane raua ko Tangaroa and purangi. Section 5(4)(d) amended 30 January 2021 section 161 Trusts Act 2019
6: Acknowledgements and apology
This Part records the acknowledgements and the apology given by the Crown to Ngati Ruanui in the deed of settlement.
7: Acknowledgements by the Crown
The text of the acknowledgements made by the Crown is set out in the deed of settlement as follows:
1: The Crown acknowledges that:
a: the cumulative effect of the Crown’s actions in purchasing land in Taranaki created tensions that led to the outbreak of war; and
b: Ngati Ruanui suffered loss of life and destruction of property during the Taranaki wars; and
c: the Taranaki wars constituted an injustice and were in breach of the Treaty of Waitangi
d: it acted unfairly in labelling Ngati Ruanui as rebels.
2: The Crown sincerely regrets that Ngawaka Taurua and his people suffered a heavy punishment due to a decision of the Government of the day to make an example of them in order to deter other Maori from taking up arms against the Queen’s authority. The Crown acknowledges that:
a: this punishment deprived Pakakohi of Ngati Ruanui of a significant number of their leaders; and
b: the exile of those leaders from their lands, and the death of 18 of the men imprisoned, had a severe impact on the well-being of Pakakohi of Ngati Ruanui.
3: The Crown acknowledges that:
a: the confiscations were indiscriminate in extent and application and had a devastating effect on the welfare, economy and development of Ngati Ruanui in Taranaki; and
b: the prejudice created by the confiscations was compounded by the inadequacies in the Compensation Court process; and
c: as a result of the confiscations in 1865, Ngati Ruanui were deprived of access to their wahi tapu and sites of ancestral significance, traditional sources of food, and other resources on that land; and
d: the confiscations were wrongful and in breach of the Treaty of Waitangi
4: The Crown recognises that the lands and other resources confiscated from Ngati Ruanui have made a significant contribution to the wealth and development of New Zealand.
5: The Crown acknowledges that its conduct in acquiring Ngati Ruanui land outside the confiscation boundary was unreasonable and improper, and contributed to Ngati Ruanui being left with insufficient lands for their present and future needs. This was in breach of the Treaty of Waitangi
6: The Crown acknowledges that its treatment of Ngati Ruanui and Taranaki Maori involved in the passive resistance campaign of 1879–1880:
a: deprived them of basic human rights and inflicted unwarranted hardships on them through imprisonment and exile; and
b: was in breach of the Treaty of Waitangi
7: The Crown acknowledges:
a: the serious damage it inflicted on the prosperous Maori village of Parihaka and the people of Ngati Ruanui residing there, its forcible dispersal of many of the inhabitants and its assault on the human rights of the people; and
b: that these actions caused great distress and were a complete denial of the Maori right to develop and sustain autonomous communities in a peaceful manner; and
c: that its treatment of the people of Ngati Ruanui residing at Parihaka was unconscionable and unjust and that these actions constituted a breach of the Treaty of Waitangi
8: The Crown acknowledges that:
a: the West Coast Commissions were inadequate in their scope and did not fully address the injustices perpetrated by the confiscations; and
b: the reserves created by the Commissions in the 1880s were not sufficient for the present and future needs of Ngati Ruanui; and
c: the Crown’s actions with respect to the West Coast Settlement Reserves, considered cumulatively, (including the imposition of a regime of perpetually renewable leases and the sale of large quantities of land by the Public and Maori Trustee):
i: have ultimately deprived Ngati Ruanui of the control and ownership of most of the lands set aside for them in Taranaki; and
ii: were in breach of the Treaty of Waitangi
9: The Crown acknowledges that:
a: despite previous efforts made in the twentieth century, including those of the Sim Commission, it has failed to deal in an appropriate way with the grievances of Ngati Ruanui; and
b: the sense of grief and loss suffered by Ngati Ruanui remains today.
10: The Crown:
a: recognises the efforts and struggles of Ngati Ruanui in pursuit of their claims for redress and compensation against the Crown for over 130 years; and
b: acknowledges the legitimacy of those efforts and struggles of Ngati Ruanui; and
c: acknowledges that recognition by the Crown of the grievances of Ngati Ruanui is overdue.
8: Text of acknowledgements in Maori—He Whakaaetanga na te Karauna
E rarangi iho nei te kaupapa o nga whakaaetanga a te Karauna kua oti nei te tuhi ki te whakaaetanga o nga whakataunga:
1: E whakaae ana te Karauna:
a: ko te hua i puta i nga mahi hokohoko whenua a te Karauna i Taranaki he wene, he mauahara, a, na konei i timata te pakanga; a
b: i ngawhi a Ngati Ruanui i te mate o ona tangata, i te urupatu o ona rawa i te wa o nga pakanga ki Taranaki; a
c: kia meatia nga whawhai ki Taranaki he tukinotanga, he takahanga hoki i Te Tiriti o Waitangi
d: kaore i tika tana whakahua i a Ngati Ruanui he whakakeke.
2: E tino whakamomori ana te Karauna ki te karawhiu taimaha i whiua ki runga i a Ngawaka Taurua me tona iwi i runga i te whakatau a te kawanatanga o taua wa kia whakatauirahia ratou kia kore etahi atu Maori e hapai rakau hei whawhai ki te mana o te Kuini. E whakaae ana te Karauna:
a: na tenei karawhiu i ngaro i a Te Pakakohi o Ngati Ruanui etahi o ona tino rangatira; a
b: i tino pakino ki te ora o Te Pakakohi o Ngati Ruanui te pananga atu o enei rangatira i o ratou whenua, me te matenga ano hoki o nga tangata e 18 i te herehere.
3: E whakaae ana te Karauna:
a: kaore he tikanga o te rahi me te whakapanga mai o nga murunga whenua, a, i pakino mai enei mahi ki te ora, ki nga ahuatanga ohaoha, ki te whanaketanga ano hoki o Ngati Ruanui i Taranaki; a
b: i kino ke atu nga whakararurarunga i toko ake i nga murunga whenua i te takarepa o nga mahi a te Koti Kapeneihana; a
c: na runga i nga murunga whenua o te tau 1865, i araitia a Ngati Ruanui i ona wahi tapu me ona nohoanga tupuna, ana mahinga kai, me nga rawa o te whenua; a
d: i he nga murunga whenua, a, he mahi enei i takahi i te Tiriti o Waitangi
4: E whakaae ana te Karauna, tena ko nga whenua me nga rawa i murua i a Ngati Ruanui i tino whaiwahi ki te whairawatanga me te whanaketanga o Niu Tireni.
5: E whakaae ana te Karauna, he kutikuti, he he hoki tana kaitaonga i nga whenua o Ngati Ruanui i waho atu i te rohe o nga murunga whenua. Koinei ano he take e iti rawa nei nga whenua o Ngati Ruanui e tutuki ai o ratou hiahia o te wa, o muri ake nei hoki. He takahanga tenei i te Tiriti o Waitangi
6: E whakaae ana te Karauna, ko tana karawhiu i a Ngati Ruanui me nga Maori o Taranaki i whaiwahi ki te kaupapa atete ririkore i nga tau 1879–1880:
a: he mahi i hone ai i to ratou mana tangata, he mahi i whakawhiu i te taimahatanga take kore ki runga i a ratou ma te whakaherehere me te pana i a ratou ki whenua ke; a
b: he mahi enei i takahi i te Tiriti o Waitangi
7: E whakaae ana te Karauna:
a: i kino te tukinotanga i whiua ki runga i a Parihaka me nga tangata o Ngati Ruanui i noho ki tenei kainga taurikura i tana mararatanga o nga iwi o taua kainga me tana haupatu i te mana tangata o aua iwi; a
b: i nui te mamae i enei mahi, a, he whakakahoretanga enei mahi i te mana a te Maori ki te whakawhanake, ki te whakahaere ano hoki he kainga i runga i te noho marire; a
c: ko tana karawhiu i nga tangata o Ngati Ruanui i noho ai ki Parihaka, he he, he anuanu hoki. He takahanga enei mahi i te Tiriti o Waitangi
8: E whakaae ana te Karauna:
a: he takarepa te whanuitanga o nga Komihana Taihauauru, a, kahore i aro ki te katoa o nga tukinotanga i puta ake i nga murunga whenua; a
b: kahore i rite te nui o nga rahui i whakataua e nga Komihana o nga tau 1880–1890 e tutuki ai nga hiahia o Ngati Ruanui o te wa, o muri ake nei hoki; a
c: ko nga mahi a te Karauna e pa ana ki nga Rahui a Te Whakataunga o te Taihauauru, ina ka whakaarohia kotahitia (tae atu ki te whakatakotoranga mai o tetahi tikanga rihi mutunga kore me te hokohokonga o te maha o nga whenua e te Kaitiaki o te Katoa me te Kaitiaki Maori);
i: i tango i a Ngati Ruanui te mana me te rangatiratanga o te nuinga o nga whenua i rahuitia mo ratou i Taranaki; a
ii: i takahi i te Tiriti o Waitangi
9: E whakaae ana te Karauna:
a: ahakoa ano nga whakamatau o mua i te rau tau 1900–2000, tae atu ki te Komihana a Te Himi, kahore i oti te whakatau totika i nga take a Ngati Ruanui; a
b: e mau tonu nei i a Ngati Ruanui te mamae me te pouri mo enei ahuatanga.
10: Ko te Karauna ka:
a: whakamihi ki nga mahi me nga nonoke a Ngati Ruanui ki te whai i a ratou take ki te Karauna kia puretumuhia i roto i te 130 tau, neke atu; a
b: whakaae ki te whaitake o enei mahi me enei nonoke a Ngati Ruanui; a
c: whakaae, tena e takaroa noa nei tenei whakaaetanga a te Karauna ki nga take a Ngati Ruanui.
9: Apology by the Crown
The text of the apology made by the Crown to Ngati Ruanui (including Tangahoe and Pakakohi), to their ancestors, to their descendants, and to nga uri o nga hapu o Ngati Ruanui is set out in the deed of settlement as follows: The Crown profoundly regrets, and unreservedly apologises to Ngati Ruanui, for its actions which have resulted in the loss of life during the Taranaki wars and the virtual landlessness of Ngati Ruanui in Taranaki and have caused suffering and hardship to Ngati Ruanui over the generations to the present day. The Crown profoundly regrets, and unreservedly apologises for, the destructive and demoralising effects of its unconscionable actions on Ngati Ruanui which, over the generations to the present day, have undermined the basis of their society and autonomy and have had a devastating impact on their economy and development. The Crown profoundly regrets its failure to acknowledge the mana, manawhenua, and rangatiratanga of Ngati Ruanui. The Crown apologises to Ngati Ruanui for all the breaches of the Treaty of Waitangi Accordingly, the Crown seeks to atone for these wrongs, and to begin the process of healing with the Settlement, and looks forward to building a relationship of mutual trust and co-operation with Ngati Ruanui.
10: Text of apology in Maori—Ko Te Whakapaha a te Karauna
E rarangi iho nei te whakapaha a te Karauna ki a Ngati Ruanui (apiti atu ko Tangahoe me Pakakohi), ki o ratou tupuna, ki o ratou uri, ki nga uri o nga hapu o Ngati Ruanui e takoto nei ki te whakaaetanga o nga whakataunga: E whakamomori ana, e whakapaha tuturu ana te Karauna mo ana mahi i nga pakanga ki Taranaki i hua ko te ngaro o te tangata ki te po, ko te whenua koretanga o Ngati Ruanui i Taranaki, ko te mamae me te whakawiringa i tau ki nga whakatipuranga o Ngati Ruanui, a, e mau tonu nei tae mai ki tenei ra. E whakamomori ana, e whakapaha tuturu ana te Karauna mo nga hua patu taonga, patu wairua hoki o ana mahi anuanu ki a Ngati Ruanui, me te mohio ano na enei mahi i tukituki te kaupapa me te mana motuhake o te iwi, i pakino hoki ki te taha ohaoha me te whanaketanga o te iwi i roto i nga whakatipuranga, a, tae mai nei ki tenei ra. E whakamomori ana te Karauna mo tana kore i aro ki te mana, ki te manawhenua, ki te rangatiratanga ano hoki o Ngati Ruanui. E whakapaha ana te Karauna ki a Ngati Ruanui mo ana mahi i takahi ai i te Tiriti o Waitangi Na runga i enei ahuatanga, e hiahia ana te Karauna ki te muru i ona hara, ki te timata i nga mahi whakaora ma te whakataunga. Na konei a te Karauna ka titiro whakamua ki te wa ka whiriwhiria he taura tangata ki a Ngati Ruanui i runga i te whakawhirinaki me te mahi ngatahi.
2: Interpretation
11: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
12: Interpretation
In this Act, unless the context otherwise requires,— archaeological site section 6 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 days observed as the anniversaries of the provinces of Wellington and Taranaki chief executive commercial redress property consent authority section 2(1) conservation board section 2(1) conservation document conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown owned mineral section 2(1) sections 10 11 Continental Shelf Act 1964 cultural redress property Schedule 1 Cultural Redress Schedule deed of recognition section 96 deed of settlement deed
a: mean the deed of settlement dated 12 May 2001 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Patrick John Heremaia, Hoani Rangiira Heremaia, Spencer Waemura Carr, and Simon Haimoana Maruera, for Ngati Ruanui; and
b: include—
i: the Schedules of the deed; and
ii: amendments to the deed or to its Schedules Director-General section 2(1) DOC protocol section 26
a: sets out how the Department of Conservation will, on a continuing basis, interact with the governance entity in relation to the matters specified in that protocol; and
b: provides for Ngati Ruanui’s input into certain Department of Conservation processes in relation to the matters specified in the DOC protocol; and
c: includes provisions in relation to the management by the Department of Conservation of the indigenous species; and
d: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 26 DOC protocol area effective date encumbrance
a: in respect of a commercial redress property, a tenancy, lease, licence, easement, permit, covenant, or other right or interest listed in Part 1 of Schedule 1 of the deed of settlement; and
b: in respect of a cultural redress property, a tenancy, lease, licence, easement, permit, covenant, or other right or interest listed in Schedule 1 fisheries legislation
a: the Fisheries Act 1983
b: the Fisheries Act 1996
c: all regulations made under either or both of those Acts fisheries protocol section 26
a: sets out how the Ministry of Fisheries will interact with the governance entity in a way that will enable Ngati Ruanui to provide input into the processes of that Ministry in relation to the matters specified in that protocol; and
b: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 26 fisheries protocol area governance entity Heritage New Zealand Pouhere Taonga section 9 indigenous species land holding agent local authority section 2(1) MED protocol section 26
a: sets out how the Ministry of Economic Development will interact with the governance entity in relation to the matters specified in that protocol; and
b: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 26 MED protocol area member of Ngati Ruanui section 13(1)(b) national park management plan section 2 New Zealand Conservation Authority section 2(1) Nga Taonga a Tane raua ko Tangaroa section 109 Ngati Ruanui section 13(1) Ngati Ruanui area of interest Ngati Ruanui historical claims section 14 Ngati Ruanui values Schedule 3 protected New Zealand objects protocol section 26
a: sets out how the Ministry for Culture and Heritage will interact with the governance entity in relation to the matters specified in that protocol; and
b: is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 26 protected New Zealand objects protocol area protection principles section 75 protocol subpart 1 Registrar-General section 4 resource consent section 87 responsible Minister subpart 1
a: the Minister of Conservation:
b: the Minister of Fisheries:
c: the Minister of Energy:
d: the Minister for Arts, Culture and Heritage:
e: any other Minister of the Crown who is authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 responsible Ministry subpart 1
a: the Department of Conservation:
b: the Ministry of Fisheries:
c: the Ministry of Economic Development:
d: the Ministry for Culture and Heritage:
e: any other department of State authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 settlement date statutory acknowledgement section 88 sections 89 to 95 101 to 106 statutory area Parts 1 2 Taki Poipoia o Ngati Ruanui Schedule 3 section 72 Ukaipo entitlement section 46
a: under subpart 3
b: over those sites described in Schedule 2 section 63 section 64
c: in the form provided for under section 46(3) Ukaipo site
a: described in Schedule 2
b: granted as a replacement site under section 63 section 64 waterway
a: a lake, being a body of fresh water that is entirely or nearly surrounded by land, or a river, being a continuously or intermittently flowing body of fresh water; and includes a stream and modified water course; and
b: coastal waters, including harbours; but
c: does not include an artificial water course such as an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal. Section 12 antiquities protocol repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 12 antiquities protocol area repealed 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 12 archaeological site amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 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 12 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 12 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 12 protected New Zealand objects protocol inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 12 protected New Zealand objects protocol area inserted 1 November 2006 section 35 Protected Objects Amendment Act 2006
13: Meaning of Ngati Ruanui
1: In this Act, Ngati Ruanui
a: means the iwi, or collective group, composed of individuals referred to in paragraph (b); and
b: means every individual—
i: who is descended from 1 or more Ngati Ruanui ancestors; or
ii: who is a member of a hapu, group, family, or whanau referred to in paragraph (c); or
iii: who is a taurima of Ngati Ruanui; and
c: includes—
i: the following hapu, namely, Araukuku, Ahitahi, Hamua, Hapotiki, Kotuku, Nga Ariki, Ngati Hawe, Ngati Hine, Ngati Ringi, Ngati Takou, Ngati Tanewai, Ngati Tupaea, Ngati Tupito, Rangitawhi, Tutahi, and Tuwhakaehu; and
ii: Tangahoe; and
iii: Pakakohi; and
iv: a family, whanau, or group of individuals composed of individuals referred to in paragraph (b).
2: In this section,— customary rights
a: rights to occupy land; and
b: rights in relation to the use of—
i: land:
ii: other natural or physical resources taurima of Ngati Ruanui
3: In this section and in section 14 Ngati Ruanui ancestor
a: Ruanui-a-Pokiwa; or
b: a recognised ancestor of—
i: any of the following hapu, namely, Araukuku, Ahitahi, Hamua, Hapotiki, Kotuku, Nga Ariki, Ngati Hawe, Ngati Hine, Ngati Ringi, Ngati Takou, Ngati Tanewai, Ngati Tupaea, Ngati Tupito, Rangitawhi, Tutahi, and Tuwhakaehu; or
ii: Tangahoe; or
iii: Pakakohi.
14: Meaning of Ngati Ruanui historical claims
1: In this Act, Ngati Ruanui historical claims
a: every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date) that Ngati Ruanui (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—
i: is, or is founded on, a right arising—
A: from the Treaty of Waitangi Treaty of Waitangi
B: under legislation or at common law (including in relation to aboriginal title or customary law); or
C: from fiduciary duty; or
D: otherwise; and
ii: arises from, or relates to, acts or omissions before 21 September 1992—
A: by, or on behalf of, the Crown; or
B: by or under legislation; and
b: all claims to the Waitangi Tribunal to which paragraph (a) applies and that relate exclusively to Ngati Ruanui (or a representative entity), including—
i: Wai 99 (Te Pakakohi Lands and Fisheries); and
ii: Wai 140 (Ngati Ruanui Land); and
iii: Wai 142 (Tangahoe Land); and
iv: Wai 419 (Ngati Ruanui and Pakakohi Lands); and
v: Wai 713 (Patea Township and Lands); and
vi: Wai 758 (Representation of Te Pakakohi in Treaty Negotiations with the Crown); and
c: all other claims to the Waitangi Tribunal to which paragraph (a) applies, so far as they relate to Ngati Ruanui (or a representative entity), including—
i: Wai 54 (Taranaki Lands, Fisheries and Resources and Sacking of Parihaka); and
ii: Wai 126 (Motuni Lands and Fisheries); and
iii: Wai 131 (Taranaki Lands and Waters); and
iv: Wai 139 (West Coast Settlement Reserve Lands); and
v: Wai 143 (Nga Iwi o Taranaki Lands); and
vi: Wai 552 (Ahitahi and Araukuku Lands, Forest and Fisheries); and
vii: Wai 859 (Waimate Plain Block).
2: Subsection (1)(a) is not limited by subsection (1)(b) or subsection (1)(c).
3: In this Act, Ngati Ruanui historical claims
a: a claim that an individual referred to in section 13(1)(b)
b: a claim that a hapu, group, family, or whanau referred to in section 13(1)(c)
c: a claim that Ngati Ruanui may have as a result of loss of interest in land, or natural or physical resources, in the land area outside Taranaki; or
d: a claim that a representative entity may have, to the extent that the claim is, or is based on, a claim referred to in paragraph (a), paragraph (b), or paragraph (c).
4: In this section,— land area outside Taranaki The Taranaki Report: Kaupapa Tuatahi land in New Zealand sections 5 6 6A representative entity
a: the governance entity; and
b: a person appointed as an agent for Ngati Ruanui under clause 3.4 of the deed of settlement; and
c: a person (including a trust or trustees) acting for, or on behalf of,—
i: the iwi or collective group referred to in section 13(1)(a)
ii: 1 or more of the individuals referred to in section 13(1)(b)
iii: 1 or more of the hapu, groups, families, or whanau referred to in section 13(1)(c)
3: Settlement of historical claims and miscellaneous matters
1: Settlement of historical claims
Jurisdiction of courts, etc, removed
15: Settlement of Ngati Ruanui historical claims final
1: The settlement of the Ngati Ruanui historical claims effected under the deed of settlement and this Act is final, and the Crown is released and discharged from all obligations and liabilities in respect of those claims.
2: Subsection (1) does not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.
3: Despite any other enactment or rule of law, on and from 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: any or all of the Ngati Ruanui historical claims; or
b: the deed of settlement; or
c: the redress provided under this Act or under the deed of settlement; or
d: this Act.
4: Subsection (3) 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. Treaty of Waitangi Act 1975 amended Heading repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
16: Jurisdiction of Tribunal to consider claims
Section 16 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008 Resumptive memorials no longer apply
17: Enactments relating to resumptive memorials on land subject to Ngati Ruanui historical claims do not apply
1: Nothing in the enactments listed in subsection (2) applies in relation to the land shown on SO 14786.
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 17(2)(c) replaced 1 August 2020 section 668 Education and Training Act 2020
18: Removal of resumptive memorials
1: The chief executive must, as soon as reasonably practicable after the settlement date, issue to the Registrar-General a certificate that identifies each certificate of title or computer register that—
a: relates solely to the land shown on SO 14786; and
b: contains a memorial entered under any of the enactments referred to in section 17(2)
2: Each certificate must state that it is issued under this section.
3: The Registrar-General must, as soon as reasonably practicable after receiving a certificate issued under subsection (1), and without fee to the registered proprietor or to the governance entity,—
a: register the certificate against each certificate of title or computer register identified in the certificate; and
b: cancel each memorial that, under any of the enactments referred to in section 17(2)
2: Miscellaneous matters
No limit on duration of trusts Heading replaced 30 January 2021 section 161 Trusts Act 2019
19: 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 the governance entity—
i: may exist in law; or
ii: may deal with property (including income from property); or
b: apply to a document entered into to give effect to the deed of settlement (including the deeds that grant a right of first refusal referred to in clauses 8.7 and 9.7 of 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 governance entity is or becomes a charitable trust, the trust may continue indefinitely under section 16(6)(a) Section 19 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 19(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 19(2) replaced 30 January 2021 section 161 Trusts Act 2019 Date when actions or matters required under Act occur
20: Timing of actions or matters
1: Subject to subsection (2), actions and matters that occur under this Act occur or take effect on the settlement date.
2: 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 that other date. Vesting of properties
21: Action by Registrar-General
If an action is required to be undertaken by the Registrar-General under this Act, it is without fee to the registered proprietor or to the governance entity. Consent for rights of way, etc, not required
22: Private roads, private ways, and rights of way
The permission of a council under section 348
4: Commercial redress properties
23: Transfer of commercial redress properties
1: The provisions of this Part give effect to clauses 8.3 and 8.5 of Part 8 of the deed of settlement.
2: The Crown, acting through the Commissioner of Crown Lands, is authorised to do either or both of the following:
a: transfer the fee simple estate in a commercial redress property to the governance entity:
b: sign a memorandum of transfer or other document, or do any other thing to effect such a transfer.
3: The Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a commercial redress property to the governance entity.
24: Creation of computer register
1: This section applies to a commercial redress property to the extent that 1 or more allotments of the property are not included in a certificate of title or computer freehold register.
2: The Registrar-General must, in accordance with a written application by a person authorised by the chief executive, create 1 or more computer freehold registers in the name of the Crown subject to, and together with, any encumbrances that are registrable or notifiable and that are described in the written application.
3: If, immediately before the creation of a computer freehold register, the allotments of the property are held for different purposes, the register may be created without a statement of purpose.
4: A computer freehold register must be created under this section as soon as reasonably practicable after the settlement date but not later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing by the governance entity and the Crown.
5: The Crown may grant a covenant for the later creation of 1 or more computer freehold registers for a commercial redress property that is to be transferred to the governance entity.
6: Despite the Land Transfer Act 1952
a: the Crown may request the Registrar-General to register a covenant referred to in subsection (5) under the Land Transfer Act 1952
b: the Registrar-General must register the covenant in accordance with paragraph (a).
7: In this section, allotment section 2(1)
25: Application of other enactments
1: Nothing in section 11 Part 10
a: the transfer of a commercial redress property to the governance entity; or
b: a matter incidental to, or required for the purpose of, the transfer of a commercial redress property to the governance entity.
2: The transfer of a commercial redress property to the governance entity does not limit sections 10 11
3: The transfer of a commercial redress property to the governance entity is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
5: Cultural redress
1: Protocols
General provisions
26: Authority to issue, amend, or cancel protocols
1: Each responsible Minister may—
a: issue a protocol to the governance entity in the form set out in the Cultural Redress Schedule; and
b: amend or cancel that protocol.
2: A protocol may be amended or cancelled under subsection (1) at the initiative of either—
a: the governance entity; or
b: the Minister who issued the protocol.
3: The Minister who issued the protocol may amend or cancel that protocol only after consulting with, and having particular regard to the views of, the governance entity.
27: Protocols subject to the Crown’s obligations
Protocols do not restrict—
a: the ability of the Crown to perform its functions and duties and exercise its powers 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 or consult with any person the Crown considers appropriate, including, without limitation, any iwi, hapu, marae, whanau, or other representative of tangata whenua; or
b: the responsibilities of a responsible Minister and responsible Ministry; or
c: the legal rights of Ngati Ruanui.
28: Enforceability of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails without good cause to comply with its obligations under a protocol, the governance entity 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 failure to comply with a protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol:
b: subsection (3) does not affect the ability of a court to award costs in relation to proceedings referred to in subsection (2).
29: Limitation of rights
1: The DOC protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under—
a: the Conservation Act 1987
b: the statutes listed in Schedule 1
2: The fisheries protocol does not have the effect of granting, creating, or providing evidence of, an estate or interest in, or rights relating to, assets or other property rights held, managed, or administered under fisheries legislation (including fish, aquatic life, and seaweed).
3: The MED protocol does not have the effect of granting, creating, or providing evidence of, an estate or interest in, or rights relating to, Crown owned minerals held, managed, or administered under the Crown Minerals Act 1991
4: The protected New Zealand objects protocol protected New Zealand objects or ngā taonga tūturu Protected Objects
5: In this section,— protected New Zealand object taonga tūturu section 2 Protected Objects Section 29(4) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 29(5) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Noting of certain protocols
30: Noting of DOC protocol
1: The existence of the DOC protocol must be noted in the conservation documents that affect the DOC protocol area.
2: The noting of the DOC protocol must include a summary of the terms under which the protocol is issued, as set out in attachment B of the DOC protocol.
3: The noting of the DOC protocol—
a: is for the purpose of public notice only; and
b: is not an amendment to a conservation document for the purposes of section 17I section 46
31: Noting of fisheries protocol
1: The existence of the fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area.
2: The noting of the fisheries protocol must include a summary of the terms under which the protocol is issued, as set out in attachment B of the fisheries protocol.
3: The noting of the fisheries protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
4: In this section, fisheries plan section 11A
32: Noting of MED protocol
1: The existence of the MED protocol must be noted in minerals programmes affecting the MED protocol area.
2: The noting of the MED protocol must include a summary of the terms under which the protocol is issued, as set out in attachment B of the MED protocol.
3: The noting of the MED protocol is—
a: for the purpose of public notice only; and
b: not an amendment to the relevant minerals programme.
4: In this section, minerals programme section 2(1)
2: Cultural redress properties
Vesting of cultural redress properties
33: Interpretation
In this Act,— Kaikura site Part 1 Maben site Part 1 Makino scenic reserve Part 2 Pukemoko Pa site Part 1 Tarere site Part 1 Turuturu Mokai site Part 1 Whakaahurangi Marae site Part 1
34: Turuturu Mokai site
1: The reservations under the Reserves Act 1977
2: The fee simple estate in the Turuturu Mokai site vests in the governance entity, subject to the easement referred to in clause 9.2.4 of the deed of settlement.
35: Pukemoko Pa site
1: The reservation under the Reserves Act 1977
2: The fee simple estate in the Pukemoko Pa site vests in the governance entity.
36: Whakaahurangi Marae site
1: The reservations under the Reserves Act 1977
2: The fee simple estate in the Whakaahurangi Marae site vests in the governance entity.
37: Kaikura site
1: The Kaikura site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Kaikura site vests in the governance entity.
3: Part 4A
38: Maben site
1: The Maben site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Maben site vests in the governance entity, subject to the easement referred to in clause 9.2.10(d) of the deed of settlement.
3: Part 4A
39: Tarere site
1: The Tarere site ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Tarere site vests in the governance entity. Vesting of scenic reserve
40: Makino scenic reserve
1: The Makino scenic reserve vests in the governance entity to hold and administer as a scenic reserve under section 26 section 19(1)(a)
2: The governance entity is an administering body, as defined in section 2(1)
3: Section 24(7B)
41: Vesting subject to encumbrances
The vesting of each cultural redress property is subject to the encumbrances (if any) listed in column 3 of Schedule 1
42: Intermediate vesting of certain land in the Crown
1: This section applies to—
a: that part of the Turuturu Mokai site that was derived from the Crown as identified in Part 1
b: the Pukemoko Pa site:
c: the Whakaahurangi Marae site.
2: On revocation under this subpart of the reserve status of the sites identified in subsection (1), the sites vest in the Crown as Crown land and become subject to section 82
43: Registration of ownership
1: This section applies to the fee simple estate in a cultural redress property that vests in the governance entity by this Act.
2: The Registrar-General must, on written application by a person authorised by the chief executive, comply with subsections (3) and (4).
3: To the extent that the property comprises all the land in a certificate of title or computer freehold register, the Registrar-General must—
a: register the governance entity as the proprietor of the fee simple estate in the land; and
b: make those entries in the register and generally do all things necessary to give effect to this subpart and Part 9 of the deed of settlement.
4: To the extent that the property does not comprise all the land in a certificate of title or computer freehold register, the Registrar-General must, in accordance with the application referred to in subsection (2), create 1 or more computer freehold registers in the name of the governance entity subject to, and together with, any encumbrances that are registrable or notifiable and that are described in the written application.
5: Subsection (4) applies subject to completing any survey necessary to create a computer freehold register.
6: A computer freehold register must be created under this section as soon as reasonably practicable after the settlement date but no later than—
a: 24 months after the cultural redress property vests in the governance entity; or
b: any later date that may be agreed in writing by the governance entity and the Crown.
44: Application of other enactments
1: Sections 24 25
2: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under this Act; or
b: a matter incidental to, or required for the purpose of, the vesting of a cultural redress property under this Act.
3: The vesting of the fee simple estate in a cultural redress property under this Act does not limit section 10 section 11
4: Except as provided for in sections 37 38 Part 1 Part 4A sections 24(2A) 24A 24AA
45: Successors bound
1: The terms on which the fee simple estate in a cultural redress property vests in the governance entity bind successors in title to that property unless the Crown and the governance entity agree otherwise.
2: The Registrar-General must record on the certificate of title of a cultural redress property whether or not successors are bound, as provided for in subsection (1).
3: Ukaipo entitlements
Grant of Ukaipo entitlement
46: Grant and renewal of Ukaipo entitlements
1: The Crown must, in accordance with this subpart, grant to the governance entity an Ukaipo entitlement over each Ukaipo site.
2: The grant of an Ukaipo entitlement must be for an initial term of 10 years beginning on the settlement date.
3: The grant referred to in subsection (1) must be made in the form set out in Part 6 of the Cultural Redress Schedule, or as varied in accordance with section 48
4: If there is inconsistency between the provisions of the form used for the Ukaipo entitlement under subsection (3) and the provisions of this subpart, the provisions of this subpart prevail.
5: An Ukaipo entitlement must be renewed for further terms of 10 years unless the Ukaipo entitlement is terminated under section 53 section 64
47: Notification of Ukaipo entitlement
1: The land holding agent must notify the grant of an Ukaipo entitlement in the Gazette
2: The chief executive must note in his or her records the grant of an Ukaipo entitlement and the notice in the Gazette
3: Subsections (1) and (2) apply to the renewal of an Ukaipo entitlement as if it were the grant of the Ukaipo entitlement.
48: Terms and conditions of Ukaipo entitlement may be varied
1: The form of an Ukaipo entitlement granted under section 46
a: the addition, at the time of the grant of an Ukaipo entitlement, of terms reasonably required by the Crown to protect and preserve—
i: the land over which the Ukaipo entitlement is granted:
ii: the surrounding land:
iii: associated flora and fauna; or
b: agreement between the land holding agent and the governance entity.
2: Additional terms and terms varied under subsection (1) must be in writing and must not be inconsistent with this subpart. Purpose of Ukaipo entitlements
49: Purpose of Ukaipo entitlements
An Ukaipo entitlement is granted to the governance entity for the purpose of permitting members of Ngati Ruanui to occupy land, temporarily, exclusively, and on a non-commercial basis,—
a: so as to have access to a waterway for lawful fishing; and
b: for the lawful gathering of other natural resources in the vicinity of the Ukaipo site. Rights under Ukaipo entitlements
50: Occupation of Ukaipo sites by members of Ngati Ruanui
1: The governance entity has the right to permit members of Ngati Ruanui to occupy an Ukaipo site—
a: for the purpose of the Ukaipo entitlement, as set out in section 49
b: to the exclusion of other persons during the period or periods that it exercises the right to occupy the site.
2: Subsection (1) applies subject to sections 51 56
51: Period of occupation of Ukaipo sites
1: The governance entity may permit members of Ngati Ruanui to occupy the Ukaipo sites for any period or periods in a calendar year that do not exceed 210 days in total.
2: The governance entity must not permit members of Ngati Ruanui to occupy the Ukaipo sites in a calendar year during the period beginning on 1 May and ending at the close of 15 August.
52: Right to erect temporary dwellings
1: The governance entity may permit members of Ngati Ruanui, while occupying the Ukaipo sites under an Ukaipo entitlement, to erect camping shelters or similar temporary dwellings on the land.
2: The governance entity must ensure the removal of camping shelters or similar temporary dwellings erected on an Ukaipo site whenever the right to occupy that Ukaipo site is not being exercised.
53: Condition of land when occupation ceases
1: The governance entity must, whenever members of Ngati Ruanui permitted to occupy an Ukaipo site under section 50
2: Subsection (1) does not apply to temporary effects normally associated with occupation of an Ukaipo site under an Ukaipo entitlement.
54: Activities on Ukaipo sites
1: This section applies subject to section 52
2: The governance entity may, with the consent of the land holding agent, undertake other activities on Ukaipo sites that are reasonably necessary for the Ukaipo entitlement to be used for the purpose set out in section 49
3: When applying for the land holding agent’s consent, the governance entity must provide to the land holding agent details relating to the proposed activities, including (but not limited to)—
a: the effect of the activities—
i: on the Ukaipo sites; and
ii: if an Ukaipo site is held under the Conservation Act 1987 Schedule 1
b: measures that the governance entity proposes to take (if the land holding agent’s consent is given) to avoid, remedy, or mitigate adverse effects.
4: In considering whether to give consent in relation to land held under the Conservation Act 1987 Schedule 1
5: The giving of consent is at the complete discretion of the land holding agent.
6: The land holding agent may give consent subject to any conditions that he or she thinks fit to impose.
7: Without limiting subsection (6), in giving consent in relation to land held under the Conservation Act 1987 Schedule 1
8: If the Crown has complied with its obligations under an Ukaipo entitlement, the Crown is not liable to compensate the governance entity (whether on termination of an Ukaipo entitlement or at another time) for activities undertaken by the governance entity on the Ukaipo site. Obligations relating to Ukaipo entitlements
55: Ukaipo entitlements must not impede public access
The grant and exercise of an Ukaipo entitlement must not impede access by members of the public along a waterway.
56: Crown functions to continue
The grant and exercise of an Ukaipo entitlement does not prevent agents of the Crown or persons exercising statutory powers from undertaking their functions in relation to the land over which an Ukaipo entitlement is granted.
57: Ukaipo entitlement does not restrict the Crown’s right to alienate land
The grant and exercise of an Ukaipo entitlement does not restrict the Crown’s right to alienate an Ukaipo site, land adjacent to an Ukaipo site, or land adjacent to a waterway.
58: Governance entity may enforce rights against other persons
While members of Ngati Ruanui are occupying an Ukaipo site under an Ukaipo entitlement, the governance entity may enforce its rights under the Ukaipo entitlement against persons who are not parties to the deed of settlement as if the governance entity were the owner of the Ukaipo site.
59: Crown’s obligation to provide lawful access
1: If an event described in subsection (2) occurs during the term of an Ukaipo entitlement, the Crown must ensure that the governance entity continues, for the rest of the term, to have the same type of access to the Ukaipo site as it had before the event occurred.
2: The events are—
a: the alienation by the Crown of land adjacent to an Ukaipo site:
b: a change in the classification or status of land adjacent to an Ukaipo site.
3: The Crown’s obligation in subsection (1) is subject to compliance with all applicable provisions in or under any other enactment.
60: Compliance with laws, bylaws, and land and water management practices
1: The governance entity, members of Ngati Ruanui permitted to occupy an Ukaipo site under section 50
2: The land holding agent, in carrying out land and water management practices that relate to an Ukaipo site, must have regard to the existence of an Ukaipo entitlement and must—
a: notify the governance entity of an activity that may affect the governance entity; and
b: avoid unreasonable disruption to the governance entity.
3: The governance entity is subject to any requirement to apply for resource consents for activities on the Ukaipo sites.
4: Subsection (3) does not limit subsection (1).
5: In this section, activities section 54
61: Rights of governance entity under Ukaipo entitlement not assignable
The rights of the governance entity under an Ukaipo entitlement are not assignable. Suspension and termination of Ukaipo entitlement
62: Suspension of Ukaipo entitlement
1: The land holding agent may suspend an Ukaipo entitlement in accordance with this section.
2: The land holding agent must not suspend an Ukaipo entitlement unless he or she first—
a: consults the governance entity; and
b: has particular regard to the views of the governance entity.
3: The land holding agent must not suspend an Ukaipo entitlement unless he or she considers the suspension necessary for the management of the land, having regard to the purposes for which the land is held by the land holding agent.
4: If an Ukaipo entitlement is suspended, the governance entity may, after the end of the suspension, permit members of Ngati Ruanui to occupy the Ukaipo site for a period equal to the period of the suspension.
5: The occupation of an Ukaipo site under subsection (4) is not subject to the restriction under section 51(2)
63: Termination of Ukaipo entitlement
1: The governance entity and the Crown may terminate an Ukaipo entitlement by agreement in writing.
2: The Crown may terminate an Ukaipo entitlement by giving written notice to the governance entity on 1 or more of the following grounds:
a: that the Crown has alienated the Ukaipo site:
b: that the Ukaipo site has, by a natural cause, been destroyed or permanently and detrimentally affected:
c: that the Ukaipo site is on reserve land that is required for the specific purpose for which it was originally set apart as a reserve:
d: that the Ukaipo site is an unformed legal road that becomes formed:
e: subject to section 59
3: On the termination of an Ukaipo entitlement under this section, the Crown must take all reasonable steps to grant a replacement Ukaipo entitlement to the governance entity.
4: Subsection (3) does not apply in relation to an Ukaipo entitlement if the fee simple estate in the Ukaipo site is vested in the governance entity.
5: The grant of a replacement Ukaipo entitlement under subsection (3) must be over land that—
a: complies with clause 9.2.31 of the deed of settlement; and
b: is identified by similar processes used by the Crown and Ngati Ruanui to identify Ukaipo sites before entering into the deed of settlement.
64: Termination of Ukaipo entitlement for breach of obligations
1: This section applies if the governance entity defaults in performing any of its obligations under an Ukaipo entitlement.
2: If the default is capable of remedy, the Crown may give notice to the governance entity in writing, specifying the default and the remedy for the default required by the Crown.
3: The remedy required by the Crown must be reasonable in the circumstances.
4: If, at the end of 41 business days after notice is given by the Crown under subsection (2), the governance entity has not remedied, or taken appropriate action to remedy, the default as required by the Crown, the Crown may immediately terminate the Ukaipo entitlement by notice in writing to the governance entity.
5: If the default is not capable of remedy, the Crown may immediately terminate the Ukaipo entitlement by notice in writing to the governance entity.
6: The governance entity may, not earlier than 2 years after the termination of an Ukaipo entitlement under this section, apply to the Minister of Maori Affairs for the grant of a replacement Ukaipo entitlement that complies with clause 9.2.31 of the deed of settlement.
7: On receipt of an application under subsection (6), the Crown may, in its discretion, take reasonable steps to grant a replacement Ukaipo entitlement over land that—
a: complies with clause 9.2.31 of the deed of settlement; and
b: is identified by similar processes used by the Crown and Ngati Ruanui to identify Ukaipo sites before entering into the deed of settlement.
65: Notification of termination of Ukaipo entitlement
1: If an Ukaipo entitlement is terminated under section 63 section 64 Gazette
2: The chief executive must note in his or her records the termination of the Ukaipo entitlement and its notification in the Gazette Rights not affected or created
66: Rights of other parties not affected
Except as expressly provided in this subpart, the grant and exercise of an Ukaipo entitlement does not affect the lawful rights or interests of a person who is not a party to the deed of settlement.
67: No creation of rights in entitlement land
Except as expressly provided in this subpart, the grant and exercise of an Ukaipo entitlement does not have the effect of granting, creating, or providing evidence of, an estate or interest in, or rights relating to, an Ukaipo site. Application of other enactments
68: Part 3B of Conservation Act 1987 not to apply
Part 3B
69: Local Government (Rating) Act 2002
1: To avoid doubt, section 8(1) and (3)
2: The governance entity must reimburse the owner of an Ukaipo site for rates payable under section 9
70: Section 44 of Reserves Act 1977 not to apply
Section 44
71: Section 11 and Part 10 of Resource Management Act 1991 do not apply
The grant of an Ukaipo entitlement is not a subdivision for the purposes of section 11 Part 10
4: Taki Poipoia o Ngati Ruanui
72: Declaration of Taki Poipoia o Ngati Ruanui
The site described in Schedule 3
73: Crown’s acknowledgement of Ngati Ruanui values
The Crown acknowledges the statement by Ngati Ruanui of Ngati Ruanui values, the text of which is set out in Schedule 3
74: Purposes of Taki Poipoia o Ngati Ruanui
1: The only purposes of the declaration of a Taki Poipoia o Ngati Ruanui under section 72
a: to enable agreement on protection principles under section 75
b: to give effect to the requirement that the New Zealand Conservation Authority and relevant conservation boards must have particular regard to Ngati Ruanui values and the protection principles, as provided in section 76
c: to enable the taking of action under section 78 section 81
2: This section does not limit sections 75 to 87
75: Agreement on protection principles
The governance entity and the Crown may agree on and publicise protection principles that are directed at the Minister of Conservation avoiding—
a: harming Ngati Ruanui values; and
b: diminishing Ngati Ruanui values.
76: Duty of New Zealand Conservation Authority and conservation boards in relation to Taki Poipoia o Ngati Ruanui
The New Zealand Conservation Authority or a conservation board must,—
a: when considering general policy or a conservation document in relation to the Taki Poipoia o Ngati Ruanui, have particular regard to—
i: Ngati Ruanui values; and
ii: the protection principles; and
b: before approving a conservation document in relation to the Taki Poipoia o Ngati Ruanui, consult with the governance entity and have particular regard to its views as to the effect of that conservation document on Ngati Ruanui values.
77: Notification of Taki Poipoia o Ngati Ruanui
1: The declaration of the Taki Poipoia o Ngati Ruanui must be noted in conservation documents affecting the site.
2: The noting of the Taki Poipoia o Ngati Ruanui under subsection (1)—
a: is for the purpose of public notice only; and
b: is not an amendment to a conservation document for the purposes of section 17I section 46
78: Actions by Director-General
1: On notification by the Minister of Conservation 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 governance entity of what action the Director-General intends to take under subsection (1).
4: If requested in writing by the governance entity, 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).
79: Amendment of conservation documents
1: The Director-General may initiate an amendment of a conservation document to incorporate objectives relating to the protection principles (including incorporating a recommendation to promulgate regulations or make bylaws).
2: The Director-General must consult with affected 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 78(2)
80: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for the following purposes:
a: to provide for the implementation of objectives included in a conservation document under section 79(1)
b: to regulate or prohibit activities or conduct by members of the public on the Taki Poipoia o Ngati Ruanui:
c: to create offences for breaches of regulations made under paragraph (b), and provide for the imposition of fines—
i: not exceeding $5,000 for those offences; and
ii: if the offence is a continuing one, a further 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 80(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
81: Bylaws
1: The Minister of Conservation may make bylaws for the following purposes:
a: to provide for the implementation of objectives included in a conservation document under section 79(1)
b: to regulate or prohibit activities or conduct by members of the public on the Taki Poipoia o Ngati Ruanui:
c: to create offences for breaches of bylaws made under paragraph (b) and to provide for the imposition of fines not exceeding $1,000 for those offences.
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 The maker is not required to publish it. However, the Director-General must comply with section 82(3) LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 81(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
82: Notification of actions in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the declaration of the Taki Poipoia o Ngati Ruanui; and
b: the protection principles.
2: The Director-General may, at his or her discretion, notify in the Gazette sections 78 to 80
3: The Director-General must notify in the Gazette section 81
83: Existing classification of Taki Poipoia o Ngati Ruanui
The purpose or classification of an area as a national park, reserve, or conservation area is not affected by the fact that the area is, or is within, the Taki Poipoia o Ngati Ruanui.
84: Termination of Taki Poipoia o Ngati Ruanui status
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 Taki Poipoia o Ngati Ruanui is no longer a Taki Poipoia o Ngati Ruanui.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
a: the governance entity and the Minister of Conservation have agreed in writing that the Taki Poipoia o Ngati Ruanui status is no longer appropriate for the area concerned; or
b: the area concerned is alienated by the Crown; or
c: the responsibility for managing the area concerned is transferred to a different Minister of the Crown or department of State.
3: Subsection (4) applies if—
a: either of paragraph (b) or paragraph (c) of subsection (2) applies; or
b: there is a change in the statutory management regime that applies to all or part of the Taki Poipoia o Ngati Ruanui.
4: If this subsection applies, the Crown must take reasonable steps to ensure that the governance entity continues to have input into the management of the Taki Poipoia o Ngati Ruanui or that part of it affected by the alienation or change in management responsibility through negotiation with the governance entity by—
a: the Minister of the Crown responsible for the new management or the management regimes; or
b: the Commissioner of Crown Lands; or
c: another responsible officer.
5: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 84(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
85: Exercise of powers, functions, and duties
1: Except as expressly provided in this subpart,—
a: the declaration under section 72 section 73
b: no person, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw, may give greater or lesser weight to Ngati Ruanui values than that person would give under the relevant statute, regulation, or bylaw if the site had not been declared a Taki Poipoia o Ngati Ruanui and Ngati Ruanui values had not been acknowledged.
2: Subsection (1)(b) does not limit subsection (1)(a).
86: Rights not affected
Except as expressly provided in this subpart, sections 72 73
87: Limitation of rights
Except as expressly provided in this subpart, sections 72 73
5: Statutory acknowledgements and deeds of recognition
Statutory acknowledgements
88: Statutory acknowledgements by the Crown
The Crown acknowledges the statements made by Ngati Ruanui of the particular cultural, spiritual, historical, and traditional association of Ngati Ruanui with the statutory areas listed in Part 1 Schedules 5 to 9
89: Purposes of statutory acknowledgements
1: The only purposes of the statutory acknowledgements are—
a: to require consent authorities, Heritage New Zealand Pouhere Taonga sections 90 to 92
b: to require consent authorities to forward summaries of resource consent applications to the governance entity, as provided for in section 94
c: to enable the governance entity and a member of Ngati Ruanui to cite the statutory acknowledgements as evidence of the association of Ngati Ruanui with the statutory areas, as provided for in section 95
d: to enable the Minister of the Crown responsible for the management of the statutory areas, or the Commissioner of Crown Lands, to enter into deeds of recognition, as provided for in section 96
2: This section does not limit the operation of sections 103 to 106 Section 89(1)(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
90: Consent authorities must have regard to statutory acknowledgments
From the effective date, and without limiting its obligations under Part 2 sections 93 to 94C Section 90 substituted 1 August 2003 section 108(1) Resource Management Amendment Act 2003
91: Environment Court must have regard to statutory acknowledgements
1: From the effective date, the Environment Court must have regard to a statutory acknowledgement relating to a statutory area in determining, under section 274
2: Subsection (1) does not limit the obligations of the Environment Court under Part 2
92: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
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) Section 92 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
93: Recording of statutory acknowledgements on statutory plans
1: Local authorities with jurisdiction in an area that includes a statutory area must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area.
2: The attachment of information under subsection (1) to a statutory plan—
a: may be by reference to this subpart or by setting out the statutory acknowledgement in full; and
b: is for the purpose of public information only, and the information is not—
i: part of the statutory plan (unless adopted by the relevant regional council or district council); or
ii: subject to the provisions of Schedule 1
3: In this section, statutory plans section 2(1) Schedule 1
94: Distribution of resource consent applications to governance entity
1: A relevant consent authority must, for a period of 20 years from the effective date, forward to the governance entity a summary of resource consent applications for activities within, adjacent to, or impacting directly on a statutory area.
2: The information provided under subsection (1) must be—
a: the same as would be given under section 93 adversely
b: provided as soon as reasonably practicable after the application is received and before a determination is made under sections 93 to 94C
3: The governance entity may, by notice in writing to a relevant consent authority,—
a: waive its rights to be notified under this section; and
b: state the scope of any waiver that is given.
4: This section does not affect the discretion of a relevant consent authority as to whether—
a: to notify an application under sections 93 to 94C
b: the governance entity is a person who is likely to be adversely
5: In this section, relevant consent authority Section 94(2)(a) amended 1 August 2003 section 108(2)(a) Resource Management Amendment Act 2003 Section 94(2)(b) amended 1 August 2003 section 108(2)(b) Resource Management Amendment Act 2003 Section 94(4)(a) amended 1 August 2003 section 108(3)(a) Resource Management Amendment Act 2003 Section 94(4)(b) amended 1 August 2003 section 108(3)(b) Resource Management Amendment Act 2003
95: Use of statutory acknowledgement
1: The governance entity and a member of Ngati Ruanui may, as evidence of the association of Ngati Ruanui with a statutory area, cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
2: The content of the statement of association, as recorded in the statutory acknowledgement, is not, by virtue of the statutory acknowledgement, binding as deemed fact on—
a: consent authorities:
b: the Environment Court:
c: Heritage New Zealand Pouhere Taonga:
d: parties to proceedings before those bodies:
e: any other person able 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: Neither the governance entity nor a member of Ngati Ruanui is precluded from stating that Ngati Ruanui have an association with a statutory area that is not described in the statutory acknowledgement.
5: The content and existence of the statutory acknowledgement do not limit a statement made under subsection (4). Section 95(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 95(2)(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Deeds of recognition
96: Authorisation to enter into and amend deeds of recognition
1: The Minister of Conservation or the Commissioner of Crown Lands may—
a: enter into a deed of recognition with the governance entity—
i: in respect of the land within a statutory area referred to in Part 2
ii: in the form set out for each statutory area in Part 11 of the Cultural Redress Schedule; and
b: subject to subsection (2), amend a deed of recognition.
2: A deed of recognition may be amended only by written agreement between—
a: the Minister of Conservation or the Commissioner of Crown Lands; and
b: the governance entity.
97: Purpose of deed of recognition
1: The only purpose of a deed of recognition is to require that the governance entity be consulted and regard be had to its views, as provided in section 98
2: Subsection (1) does not limit or affect sections 105 106
98: Form and terms of deeds of recognition
A deed of recognition entered into under section 96
a: the governance entity must be consulted; and
b: regard must be had to the views of the governance entity relating to the association described in the statutory acknowledgement to which the deed of recognition relates.
99: Termination of deeds of recognition
A deed of recognition terminates in respect of a statutory area if—
a: the governance entity and the Minister of Conservation or the Commissioner of Crown Lands agree in writing that a deed of recognition is no longer appropriate for the area concerned; or
b: the area concerned is alienated by the Crown; or
c: there is a change in the Minister or the department of State responsible for the management of the area concerned.
100: Crown management
The entry into a deed of recognition does not, in relation to a statutory area to which the deed of recognition applies,—
a: require the Crown to increase or resume management or administrative functions; or
b: preclude the Crown from undertaking only limited management or administrative functions. Application of statutory acknowledgements and deeds of recognition to rivers
101: Statutory acknowledgements in relation to rivers
If a statutory acknowledgement relates to a river, the river does not include—
a: a part of the bed of the river that is not owned or controlled by the Crown:
b: land that the waters of the river do not cover at its fullest flow without overlapping its banks:
c: an artificial watercourse:
d: a tributary flowing into the river.
102: Deeds of recognition in relation to rivers
If a deed of recognition is entered into in relation to a river, that deed of recognition relates only to the bed of the river, but does not include—
a: a part of the bed of the river that is not owned or controlled by the Crown:
b: land that the waters of the river do not cover at its fullest flow without overlapping its banks:
c: the bed of an artificial watercourse:
d: the bed of a tributary flowing into the river. General provisions
103: No limitation on other statutory acknowledgements or deeds of recognition
Neither the provision of a statutory acknowledgement nor the entry into a deed of recognition precludes the Crown from providing a statutory acknowledgement to, or entering into a deed of recognition with, a person other than Ngati Ruanui.
104: Exercise of powers, functions, and duties not affected
1: Except as expressly provided in sections 89 to 92 95 97 98
a: neither a 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 a statute, regulation, or bylaw:
b: no person, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw, may give greater or lesser weight to the association of Ngati Ruanui with a statutory area (as described in the relevant statutory acknowledgement) than that person would give under the relevant statute, regulation, or bylaw if no statutory acknowledgement or deed of recognition existed in respect of the statutory area.
2: Subsection (1)(b) does not limit subsection (1)(a).
105: Rights not affected
Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition affects the lawful rights or interests of a person who is not a party to the deed of settlement.
106: Limitation of rights
Except as expressly provided in this subpart, neither a 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. Amendment to Resource Management Act 1991
107: Amendment to Resource Management Act 1991
Amendment(s) incorporated in the Act(s)
6: Place names
108: Change of place names
1: The existing place name in column 1 of Part 1
2: Each place name in column 1 of Part 2
3: The changes made under subsections (1) and (2) are to be treated as made—
a: with the approval of the New Zealand Geographic Board; and
b: in accordance with the New Zealand Geographic Board Act 1946
7: Acknowledgement of special association
Nga Taonga a Tane raua ko Tangaroa
109: Special association with Nga Taonga a Tane raua ko Tangaroa
1: The Crown acknowledges the statement by Ngati Ruanui of the cultural, spiritual, historical, and traditional association of Ngati Ruanui with Nga Taonga a Tane raua ko Tangaroa, being—
a: the indigenous species; and
b: the species of fish and other aquatic life found within the fisheries protocol area and managed by the Ministry of Fisheries under the fisheries legislation.
2: The text of the statement of association by Ngati Ruanui referred to in subsection (1) is set out in Part 1
110: Purpose of acknowledgement
The only purpose of the acknowledgement given in relation to the indigenous species under section 109 Purangi
111: Special association with purangi acknowledged
1: The Crown acknowledges the statement by Ngati Ruanui of the cultural, spiritual, historical, and traditional association of Ngati Ruanui with purangi in the Ngati Ruanui area of interest.
2: The text of the statement of association by Ngati Ruanui referred to in subsection (1) is set out in Part 2
3: In this subpart, purangi Part 2 Paua fishery
112: Customary non-commercial interest acknowledged
1: The Crown acknowledges the customary, non-commercial interest of Ngati Ruanui in the paua fishery.
2: In this subpart, paua fishery Haliotis iris General provisions
113: Exercise of powers, functions, and duties
1: Except as expressly provided in this subpart,—
a: the acknowledgements given under sections 109 111 112
b: no person, in considering a matter or making a decision under a statute, regulation, or bylaw, may give greater or lesser weight to the association of Ngati Ruanui with Nga Taonga a Tane raua ko Tangaroa, purangi, or the interest of Ngati Ruanui in the paua fishery, as acknowledged in sections 109 111 112
2: Subsection (1)(b) does not limit subsection (1)(a).
114: Rights not affected
Except as expressly provided in this subpart, the acknowledgements given under sections 109 111 112
115: Limitation of rights
Except as expressly provided in this subpart, the acknowledgements given in sections 109 111 112
a: Nga Taonga a Tane raua ko Tangaroa:
b: purangi:
c: the paua fishery.
8: Shellfish quota
116: Interpretation
In this subpart,— excess shellfish quota
a: exceeds the quota permitted by section 59
b: is—
i: purchased by the governance entity under the deed granting a right of first refusal over shellfish quota that is to be entered into by the Minister and the governance entity under clauses 9.7.1 and 9.7.4 of the deed of settlement; and
ii: received by the governance entity from the Treaty of Waitangi Fisheries Commission Minister section 2(1) shellfish quota
117: Consent to holding excess quota
1: The Minister must be treated as having consented under section 60(1)
2: The Minister must be treated as complying with the requirements of section 60
9: Coastal tendering
118: Interpretation
In this subpart,— authorisation section 161 coastal marine area section 2(1) Minister specified coastal area
119: Preferential right to purchase authorisations
1: If the Minister offers authorisations for a part of the specified coastal area by public tender under Part 7
2: The preferential right referred to in subsection (1) must be exercised in accordance with the process set out in Part 15 of the Cultural Redress Schedule.
120: Limit on proportion of authorisations able to be purchased
1: The authorisations that the governance entity has a preferential right to purchase under section 119
a: not exceed in area 10% of the authorisations granted or proposed to be granted by the Minister in the tender round for the specified coastal area; and
b: be of not less than fair average quality in terms of the relevant portion of the specified coastal area, relative to the quality of those portions for all other authorisations that are the subject of the tender round.
2: The limit specified in subsection (1)(a) may be exceeded if the size and shape of the part of the specified coastal area for the authorisations to which that tender round relates make it impractical to comply with the limitation.
121: Governance entity treated as having made tender
1: If the governance entity has a preferential right under section 119 section 158
2: The tender of the governance entity under subsection (1) must be treated as the most preferred tender by the Minister for the relevant authorisations if, in response to an offer made by public tender under Part 7
a: receives no tenders; or
b: considers that he or she would reject every tender received.
122: Exercise of powers, functions, and duties
Except as expressly provided in this subpart, nothing in this Act affects the powers, functions, and duties of the Minister under Part 7
123: Rights not affected
Except as expressly provided in this subpart, the provisions of this subpart do not affect the lawful rights or interests of a person who is not a party to the deed of settlement.
124: Limitation of rights
Except as expressly provided in this subpart,—
a: the preferential right provided to the governance entity under this subpart does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the specified coastal area:
b: nothing in this subpart limits or affects the rights of Ngati Ruanui to acquire authorisations or otherwise exercise a statutory right, power, or privilege in respect of the specified coastal area.