1: Title
This Act is the Ngāti Koroki Kahukura Claims Settlement Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary matters, acknowledgements and apology, and settlement of historical claims
Preliminary matters
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and apology given by the Crown to Ngāti Koroki Kahukura in the deed of settlement; and
b: to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Koroki Kahukura.
4: Provisions to take effect on settlement date
1: The provisions of this Act take effect on the settlement date unless stated otherwise.
2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—
a: the provision to have full effect on that date; or
b: a power to be exercised under the provision on that date; or
c: a duty to be performed under the provision on that date.
5: Act binds the Crown
This Act binds the Crown.
6: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
2: This Part—
a: sets out the purpose of this Act; and
b: provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and
c: specifies that the Act binds the Crown; and
d: sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngāti Koroki Kahukura, as recorded in the deed of settlement; and
e: defines terms used in this Act, including key terms such as Ngāti Koroki Kahukura and historical claims; and
f: provides that the settlement of the historical claims is final; and
g: provides for—
i: the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
ii: a consequential amendment to the Treaty of Waitangi Act 1975
iii: the effect of the settlement on certain memorials; and
iv: the exclusion of the limit on the duration of a trust
v: access to the deed of settlement.
3: Part 2
a: cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties; and
b: cultural redress that does not involve the vesting of land, namely,—
i: a statutory acknowledgement by the Crown of the statements made by Ngāti Koroki Kahukura of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement, together with deeds of recognition for the specified areas; and
ii: the registration of Te Hapori o Maungatautari as the proprietor of Maungatautari Mountain Scenic Reserve; and
iii: provision for various enactments, regulations, bylaws, and components of integrated river management plans to apply to, or in relation to, the Karapiro to Lake Arapuni sub-catchment.
4: Part 3
5: There are 4 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3
d: Schedule 4 Section 6(2)(g)(iv) amended 30 January 2021 section 161 Trusts Act 2019 Summary of historical account, acknowledgements, and apology of the Crown
7: Summary of historical account, acknowledgements, and apology
1: Section 8
2: Sections 9 10
3: The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.
8: Summary of historical account
1: During the 1840s and 1850s, Ngāti Koroki Kahukura were a prosperous and flourishing people. Among other things, they successfully traded with Europeans. However, by the late 1850s there was rising tension over land alienations. Ngāti Koroki Kahukura actively supported the establishment of the Kīngitanga and, in an effort to safeguard their lands from alienation, placed their lands under the protection of the Māori King. At the same time, their rangatira Tioriori worked to maintain cordial relations with the Crown.
2: In 1863, war broke out after Crown military forces breached the Kīngitanga aukati along the Mangatawhiri River. This resulted in the deaths of some Ngāti Koroki Kahukura and the capture of others including Tioriori, who was taken while assisting a wounded British officer. Other Ngāti Koroki Kahukura retreated into the Maungatautari ranges. In June 1864, Tioriori was paroled because he favoured peace, and the Governor wanted his help to end hostilities. Nevertheless, in 1865, the Crown included Ngāti Koroki Kahukura among iwi it labelled rebels, and proclaimed the confiscation of much of their land. The confiscation caused immense hardship.
3: For many generations Ngāti Koroki Kahukura has perceived Maungatautari as their tupuna, their ancestral mountain, central to their identity and mana. The land in and around the mountain, like the other remaining land held collectively by Ngāti Koroki Kahukura, became the subject of Crown-imposed tenure reform. In 1865, the Native Land Court was established to award individuals ownership of land traditionally held in tribal land tenure. Much of the land awarded by the Court to Ngāti Koroki Kahukura, including land at Maungatautari, was sold by individuals awarded ownership under laws in force between 1865 and 1873 which limited ownership of any land block to no more than 10 individuals. Ngāti Koroki Kahukura were involved in more than 50 Native Land Court hearings before 1901, and the costs of Court processes, including surveys, contributed to the further alienation of Ngāti Koroki Kahukura land. Further land was alienated during the twentieth century, Ngāti Koroki Kahukura recall, to pay rates.
4: The combined impact of confiscation and the alienation of land for which the Native Land Court had awarded titles to individuals resulted in Ngāti Koroki Kahukura becoming virtually landless by the end of the twentieth century.
5: For many generations the Waikato River has been perceived as a tupuna, a living taonga, and a critical resource for Ngāti Koroki Kahukura. However, the Crown has assumed control of and exercised jurisdiction over the river since the confiscation. In 1881, Ngāti Koroki Kahukura destroyed a bridge being built at Aniwaniwa, which they saw as a significant intrusion on their mana in their own rohe. Nevertheless, swamps and wetlands have been drained and the river polluted by commercial and domestic usage. The construction of hydroelectric power schemes on the river has depleted traditional fisheries and other food sources, and flooded the homes of Ngāti Koroki Kahukura people and their culturally significant sites, including sacred burial sites.
6: During the First World War, the Crown imprisoned some Ngāti Koroki Kahukura for resisting conscription. Despite this, some Ngāti Koroki Kahukura still volunteered for service during the Second World War.
7: In the 1870s, the Crown began establishing schools for Māori. One of its objectives was to assimilate Māori into European culture. Ngāti Koroki Kahukura elders recall corporal punishment being used to discourage them from speaking te reo. Ngāti Koroki Kahukura estimate that just 5% of their people today speak te reo.
8: By 1950, many Ngāti Koroki Kahukura were migrating from their traditional rohe in search of better economic prospects. This disconnected many from their communities and local culture. Ngāti Koroki Kahukura consider that landlessness and social deprivation have contributed to the Crown not recognising them as an iwi in their own right.
9: Acknowledgements
1: In the Waikato-Tainui deed of settlement signed in 1995 and the Waikato Raupatu Claims Settlement Act 1995
2: In the Waikato-Tainui deed of settlement signed in 2009 and the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, the Crown acknowledged that—
a: in occupying and subsequently confiscating Waikato land it unjustly, and in breach of the Treaty of Waitangi, denied the hapū of Waikato-Tainui (including Ngāti Koroki) their rights and interests in, and mana whakahaere over, the Waikato River; and
b: for Waikato-Tainui, their relationship with, and respect for, the Waikato River gives rise to their responsibilities to protect the mana and mauri of the river and to exercise their mana whakahaere in accordance with their long-established tikanga; and
c: the deterioration of the health of the Waikato River, while under the authority of the Crown, has been a source of distress for the people of Waikato-Tainui; and
d: the Crown respects the deeply felt obligation of Waikato-Tainui to protect te mana o te awa.
3: The Crown hereby recognises those grievances and acknowledges that up until now it has failed to deal with the remaining long-standing grievances of Ngāti Koroki Kahukura in an appropriate way and that recognition of those grievances is long overdue. Accordingly, it now makes the following further acknowledgements:
a: Ngāti Koroki Kahukura suffered significant economic loss when they left homes, cultivations, and mills during the Waikato War of 1863–1864 and in the aftermath of the Crown’s confiscation of Waikato land in 1864; and
b: over time these events helped to weaken the identity of Ngāti Koroki Kahukura as a people with effects that continue to be felt to this day.
4: The Crown acknowledges the detention of the Ngāti Koroki Kahukura rangatira Tioriori without trial in 1863 on the prison hulk Marion. The Crown’s actions in incarcerating Tioriori and his subsequent treatment left Ngāti Koroki Kahukura without leadership in the aftermath of the Waikato war and left the iwi with a sense of shame that has continued to this day.
5: The Crown acknowledges the cultural significance of Maungatautari and the Waikato River to Ngāti Koroki Kahukura and that Ngāti Koroki Kahukura’s spiritual relationship with their ancestral maunga and ancestral awa has been adversely affected by the operation and impact of native land law and other legislation.
6: The Crown acknowledges that—
a: it did not consult Ngāti Koroki Kahukura before introducing native land legislation in 1862; and
b: the operation and impact of the native land laws, in particular awarding blocks of land to individuals, and enabling individuals to deal with that land without reference to iwi or hapū, made the land more susceptible to partition, fragmentation, and alienation. This undermined traditional tribal structures of the iwi, which were based on collective tribal and hapū custodianship of the land. The Crown failed to protect those collective tribal structures, which had a prejudicial effect on Ngāti Koroki Kahukura and was a breach of the Treaty of Waitangi and its principles.
7: The Crown acknowledges that—
a: between 1866 and 1869, Ngāti Koroki Kahukura were awarded interests in several land blocks, including Maungatautari, in the names of only 10 owners, who were able to act as absolute owners rather than for or on behalf of Ngāti Koroki Kahukura; and
b: in 1873, some owners of Maungatautari 1 and 2 land blocks sold their interests against the wishes of the other owners, and the subsequent alienation of these lands caused hardship and conflict within Ngāti Koroki Kahukura; and
c: the Crown’s failure to actively protect the interests of Ngāti Koroki Kahukura in land they may otherwise have wished to retain in communal ownership was a breach of the Treaty of Waitangi and its principles.
8: The Crown acknowledges that the cumulative effect of the operation and impact of native land laws and Crown purchasing left Ngāti Koroki Kahukura virtually landless and undermined their economic, social, and cultural development. The Crown’s failure to ensure Ngāti Koroki Kahukura retained sufficient land for their present and future needs was a breach of the Treaty of Waitangi and its principles.
9: The Crown acknowledged in the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010
a: the particular significance of the Waikato River to Ngāti Koroki Kahukura as a physical and spiritual resource over which Ngāti Koroki Kahukura acted as kaitiaki; and
b: that the development of hydroelectric dams on the parts of the Waikato River within the rohe of Ngāti Koroki Kahukura has been a source of great distress to Ngāti Koroki Kahukura, resulting in damage to precious wāhi tapu and historic sites including burial caves.
10: The Crown acknowledges the significant contribution to the wealth and development of the nation as a result of the hydroelectric developments constructed on the Waikato River in the Ngāti Koroki Kahukura rohe. The Crown also acknowledges other contributions made by Ngāti Koroki Kahukura over time to the development of the nation, including helping to meet the nation’s defence obligations in the Second World War. The Crown acknowledges the loss to Ngāti Koroki Kahukura of those who died in the service of their country.
11: The Crown further acknowledges that, over time, Ngāti Koroki Kahukura have lacked opportunities for economic, social, and cultural development and, in many cases, this has had a detrimental effect on their material, cultural, and spiritual well-being.
10: Apology
The Crown seeks to atone for its wrongs and accordingly offers the following apology to Ngāti Koroki Kahukura and to their ancestors and descendants:
a: the Crown is deeply sorry for its breaches of Te Tiriti o Waitangi and its principles, which left Ngāti Koroki Kahukura virtually landless. The loss of land undermined the social and traditional tribal structures of Ngāti Koroki Kahukura, their autonomy, and the ability to exercise customary rights and responsibilities over customary resources and wāhi tapu, including the Waikato River; and
b: the Crown profoundly apologises for the hardship endured by Tioriori and Ngāti Koroki Kahukura when the Crown incarcerated Tioriori without trial; and
c: the Crown also profoundly regrets and unreservedly apologises for the adverse effects that native land laws and other Crown actions have had on the relationship Ngāti Koroki Kahukura have with Maungatautari, their ancestral mountain; and
d: Ngāti Koroki Kahukura have a long tradition of seeking a positive relationship with the Crown, and the Crown looks forward to renewing that tradition and building an enduring association of mutual trust and co-operation with Ngāti Koroki Kahukura that is based on respect for Te Tiriti o Waitangi and its principles. Interpretation provisions
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,— administering body section 2(1) attachments commercial redress property section 99 Commissioner of Crown Lands section 24AA computer register
a: has the meaning given in section 4
b: includes, where relevant, a certificate of title issued under the Land Transfer Act 1952 consent authority section 2(1) Crown section 2(1) cultural redress property section 35 deed of recognition
a: means a deed of recognition issued under section 30
i: the Minister of Conservation and the Director-General; or
ii: the Commissioner of Crown Lands; and
b: includes any amendments made under section 30(4) deed of settlement
a: means the deed of settlement dated 20 December 2012 and signed by—
i: the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William English, Minister of Finance, for and on behalf of the Crown; and
ii: Karaitiana Mack Tamatea, Stanley Rahui Papa, Hinerangi Renee Kara, and Steven Lance Wilson, for and on behalf of Ngāti Koroki Kahukura; and
iii: Timothy Taiapa Kara, Ted Taotao Tauroa, Karaitiana Mack Tamatea, and Stanley Rahui Papa, being the trustees of Taumatawiwi Trust; and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed or its schedules and attachments Director-General documents schedule early transfer property effective date historical claims section 14 interest LINZ local authority section 5(1) member of Ngāti Koroki Kahukura section 13(1)(a) property redress schedule Registrar-General representative entity
a: the trustees; and
b: any person (including any trustee) acting for or on behalf of—
i: the collective group referred to in section 13(1)(a)
ii: 1 or more members of Ngāti Koroki Kahukura; or
iii: 1 or more of the whānau, hapū, or groups referred to in section 13(1)(c) reserve section 2(1) reserve property section 35 resource consent section 2(1) RFR subpart 2 RFR area section 105 RFR land section 106 settlement date statutory acknowledgement section 21 Taumatawiwi Trust tikanga trustees of Taumatawiwi Trust trustees working 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:
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday:
c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:
d: the days observed as the anniversaries of the provinces of Auckland and Wellington. Section 12 working 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
13: Meaning of Ngāti Koroki Kahukura
1: In this Act, Ngāti Koroki Kahukura
a: means the collective group composed of individuals who are descended from 1 or more of Ngāti Koroki Kahukura tūpuna; and
b: includes those individuals; and
c: includes any whānau, hapū, or group to the extent that it is composed of those individuals, including the following groups:
i: Ngāti Waihoro:
ii: Ngāti Huakatoa:
iii: Ngāti Ueroa:
iv: Ngāti Hourua.
2: In this section and section 14 area of interest 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: whāngai or Māori customary adoption in accordance with Ngāti Koroki Kahukura tikanga Ngāti Koroki Kahukura tupuna
a: exercised customary rights by virtue of being descended from—
i: Koroki (through Hape) or Kahukura; or
ii: any other recognised ancestor of a group referred to in subsection (1)(c); and
b: exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840.
14: 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 that Ngāti Koroki Kahukura or a representative entity had on or before the settlement date, or may have after the settlement date, and that—
a: is founded on a right arising—
i: from the Treaty of Waitangi or its principles; or
ii: under legislation; or
iii: at common law (including aboriginal title or customary law); or
iv: from a fiduciary duty; or
v: otherwise; and
b: arises from, or relates to, acts or omissions before 21 September 1992—
i: by or on behalf of the Crown; or
ii: by or under legislation.
3: The historical claims include—
a: a claim to the Waitangi Tribunal that relates exclusively to Ngāti Koroki Kahukura or a representative entity, including Wai 1494 Comprehensive Ngāti Koroki Kahukura claim, to the extent that subsection (2) applies to the claim:
b: any other claim to the Waitangi Tribunal, including Wai 443, Te Rohe Katoa o Ngāti Raukawa claim, to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Koroki Kahukura or a representative entity.
4: However, the historical claims do not include—
a: a claim that a member of Ngāti Koroki Kahukura, or a whānau, hapū, or group referred to in section 13(1)(c)
b: a claim that a member of Ngāti Koroki Kahukura, or a whānau, hapū, or group referred to in section 13(1)(c)
c: a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a) or (b).
5: A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date. Historical claims settled and jurisdiction of courts, etc, removed
15: Settlement of historical claims final
1: The historical claims are settled.
2: The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
3: Subsections (1) and (2) do not limit the deed of settlement.
4: Except as provided in this Act, the rights and obligations of the Crown and Ngāti Koroki Kahukura remain unaffected.
5: To avoid doubt,—
a: subsections (1) and (2) do not extinguish or limit any aboriginal title or customary right that Ngāti Koroki Kahukura may have; and
b: paragraph (a) does not constitute or imply an acknowledgement by the Crown that any aboriginal title or customary right exists.
6: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in 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.
7: Subsection (6) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act. Amendment to Treaty of Waitangi Act 1975
16: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3 Ngāti Koroki Kahukura Claims Settlement Act 2014, section 15(6) and (7) 2014-12-16 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply
17: Certain enactments do not apply
1: The enactments listed in subsection (2) do not apply—
a: to a cultural redress property; or
b: to a commercial redress property; or
c: to an early transfer property; or
d: to the RFR land; or
e: for the benefit of Ngāti Koroki Kahukura or a representative entity.
2: The enactments are—
a: Part 3
b: sections 568 to 570
c: Part 3
d: sections 27A to 27C
e: sections 8A to 8HJ Section 17(2)(b) replaced 1 August 2020 section 668 Education and Training Act 2020
18: Resumptive memorials to be cancelled
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the computer register for, each allotment that—
a: is all or part of—
i: a cultural redress property:
ii: a commercial redress property:
iii: an early transfer property:
iv: the RFR land; and
b: is subject to a resumptive memorial recorded under any enactment listed in section 17(2)
2: The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after the settlement date for the following:
a: a cultural redress property:
b: a commercial redress property:
c: an early transfer property:
d: the RFR land.
3: Each certificate must state that it is issued under this section.
4: As soon as is reasonably practicable after receiving a certificate, the Registrar-General must—
a: register the certificate against each computer register identified in the certificate; and
b: cancel each memorial recorded under an enactment listed in section 17(2) Miscellaneous matters
19: Limit on duration of trusts does not apply
1: A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16
a: do not prescribe or restrict the period during which—
i: Taumatawiwi Trust may exist in law; or
ii: the trustees may hold or deal with property or income derived from property; and
b: do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
2: However, if Taumatawiwi Trust 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) amended 30 January 2021 section 161 Trusts Act 2019
20: Access to deed of settlement
The chief executive of the Ministry of Justice must make copies of the deed of settlement available—
a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
2: Cultural redress
1: Statutory acknowledgement and deeds of recognition
21: Interpretation
In this subpart,— relevant consent authority statement of association
a: made by Ngāti Koroki Kahukura of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
b: set out in part 1 of the documents schedule statutory acknowledgement section 22 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 Statutory acknowledgement
22: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
23: Purposes of statutory acknowledgement
The only purposes of the statutory acknowledgement are—
a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 24 to 26
b: to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 27 28
c: to enable the trustees and any member of Ngāti Koroki Kahukura to cite the statutory acknowledgement as evidence of the association of Ngāti Koroki Kahukura with a statutory area, in accordance with section 29
24: Relevant consent authorities to have regard to statutory acknowledgement
1: This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E
3: Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991
25: Environment Court to have regard to statutory acknowledgement
1: This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
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
26: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: This section applies to an application made under section 44 56 61
2: On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48 56 62
3: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area—
a: in determining whether the trustees are persons directly affected by the decision; and
b: in determining, under section 59(1) 64(1)
4: In this section, archaeological site section 6
27: Recording statutory acknowledgement on statutory plans
1: On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
2: The information attached to a statutory plan must include—
a: a copy of sections 22 to 26 28 29
b: descriptions of the statutory areas wholly or partly covered by the plan; and
c: the statement of association for each statutory area.
3: The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—
a: part of the statutory plan; or
b: subject to the provisions of Schedule 1
28: Provision of summary or notice to trustees
1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:
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: A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B
3: The summary must be provided—
a: as soon as is reasonably practicable after the relevant consent authority receives the application; but
b: before the relevant consent authority decides under section 95
4: A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the notice.
5: The trustees may, by written notice to a relevant consent authority,—
a: waive the right to be provided with a summary or copy of a notice under this section; and
b: state the scope of that waiver and the period it applies for.
6: This section does not affect the obligation of a relevant consent authority to decide,—
a: under section 95
b: under section 95E
29: Use of statutory acknowledgement
1: The trustees and any member of Ngāti Koroki Kahukura may, as evidence of the association of Ngāti Koroki Kahukura with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before—
a: the relevant consent authorities; or
b: the Environment Court; or
c: Heritage New Zealand Pouhere Taonga; or
d: the Environmental Protection Authority or a board of inquiry under Part 6AA
2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—
a: the bodies referred to in subsection (1); or
b: parties to proceedings before those bodies; or
c: any other person who is entitled to participate in those proceedings.
3: However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.
4: To avoid doubt,—
a: neither the trustees nor members of Ngāti Koroki Kahukura are precluded from stating that Ngāti Koroki Kahukura has 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. Deeds of recognition
30: Issuing and amending deeds of recognition
1: This section applies in respect of the statutory areas listed in Part 2
2: The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 2 of the documents schedule for the statutory areas administered by the Department of Conservation.
3: The Commissioner of Crown Lands must issue a deed of recognition in the form set out in part 2 of the documents schedule for the statutory areas administered by the Commissioner.
4: The person or persons who issue a deed of recognition may amend the deed, but only with the written consent of the trustees. General provisions relating to statutory acknowledgement and deeds of recognition
31: Application of statutory acknowledgement and deed of recognition to river, stream, or lake
1: If any part of the statutory acknowledgement applies to a river or stream, including a tributary, that part of the acknowledgement—
a: applies only to—
i: the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and
ii: the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; and
b: does not apply to—
i: a part of the bed of the river or stream that is not owned by the Crown; or
ii: an artificial watercourse.
2: If any part of a deed of recognition applies to a river or stream, including a tributary, that part of the deed—
a: applies only to the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; and
b: does not apply to—
i: a part of the bed of the river or stream that is not owned and managed by the Crown; or
ii: the bed of an artificial watercourse.
3: If any part of a statutory acknowledgement or deed of recognition applies to a lake,—
a: that part of the acknowledgement or deed of recognition applies only to—
i: the body of fresh water in the lake; and
ii: the bed of the lake; and
b: in the case of a statutory acknowledgement, that part of the acknowledgement does not apply to any part of the bed of the lake that is not owned by the Crown; and
c: in the case of a deed of recognition, that part of the deed of recognition does not apply to any part of the bed of the lake that is not owned and managed by the Crown; and
d: that part of the acknowledgement or deed of recognition does not apply,—
i: in the case of a lake not controlled by artificial means, to any land that the waters of the lake do not cover at their highest level without overflowing the banks of the lake; or
ii: in the case of a lake controlled by artificial means, to any land that the waters of the lake do not cover at the maximum operating level; or
iii: to any river, stream, or watercourse, whether artificial or otherwise, draining into or out of a lake.
4: In this section,— lake maximum operating level Resource Management Act 1991
32: Exercise of powers and performance of functions and duties
1: The statutory acknowledgement and a deed of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw.
2: A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Ngāti Koroki Kahukura with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.
3: Subsection (2) does not limit subsection (1).
4: This section is subject to—
a: the other provisions of this subpart; and
b: any obligation imposed on the Minister of Conservation, the Director-General, or the Commissioner of Crown Lands by a deed of recognition.
33: Rights not affected
1: The statutory acknowledgement and a deed of recognition do not—
a: affect the lawful rights or interests of a person who is not a party to the deed of settlement; or
b: have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.
2: This section is subject to the other provisions of this subpart. Consequential amendment to Resource Management Act 1991
34: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Ngāti Koroki Kahukura Claims Settlement Act 2014 2014-12-16 Resource Management Act 1991
2: Vesting of cultural redress properties
35: Interpretation
In this subpart,— cultural redress property Schedule 2 Properties vested in fee simple
a: Puahue:
b: Tau Pakanga:
c: Tunakawa: Properties vested in fee simple to be administered as reserves
d: Koroki Kahukura ki Hinuera:
e: Taumatawiwi:
f: Te Reti:
g: Waikaukau: Properties vested in fee simple to be administered as Māori reservations
h: Ara Hinerua:
i: Horahora Island:
j: Kohi Wheua:
k: Koroki Kahukura ki Piarere:
l: Motu Aratau:
m: Te Kiwa and Te Uira:
n: Waitoa:
o: Whanatangi and Ihaia Māori reservation property operating easement
a: deed of easement 8672093.1, held in computer interest register 544104, in relation to—
i: Ara Hinerua:
ii: Horahora Island:
iii: Kohi Wheua:
iv: Koroki Kahukura ki Piarere:
v: Taumatawiwi:
vi: Te Kiwa and Te Uira:
vii: Whanatangi and Ihaia:
b: deed of easement 8672073.1, held in computer interest register 544097, in relation to—
i: Motu Aratau:
ii: Waikaukau:
iii: Waitoa reserve property Properties vested in fee simple
36: Puahue
1: The reservation of Puahue as a reserve subject to the Reserves Act 1977
2: The fee simple estate in Puahue vests in the trustees.
37: Tau Pakanga
The fee simple estate in Tau Pakanga vests in the trustees.
38: Tunakawa
The fee simple estate in Tunakawa vests in the trustees. Properties vested in fee simple to be administered as reserves
39: Koroki Kahukura ki Hinuera
1: The reservation of Koroki Kahukura ki Hinuera (being Horahora Gorge Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Koroki Kahukura ki Hinuera vests in the trustees.
3: Koroki Kahukura ki Hinuera is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Koroki Kahukura ki Hinuera Scenic Reserve.
5: The joint management body established by section 62 Reserves Act 1977 section 26
40: Taumatawiwi
1: The fee simple estate in Taumatawiwi vests in the trustees.
2: Taumatawiwi is declared a reserve and classified as a recreation reserve subject to section 17
3: The reserve is named Taumatawiwi Recreation Reserve.
4: The joint management body established by section 62 Reserves Act 1977 section 26
5: This section is subject to section 51(2)
41: Te Reti
1: The reservation of Te Reti (being Te Reti Road Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Te Reti vests in the trustees.
3: Te Reti is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Reti Scenic Reserve.
5: The joint management body established by section 62 Reserves Act 1977 section 26
42: Waikaukau
1: The fee simple estate in Waikaukau vests in the trustees.
2: Waikaukau is declared a reserve and classified as a recreation reserve subject to section 17
3: The reserve is named Waikaukau Recreation Reserve.
4: The joint management body established by section 62 Reserves Act 1977 section 26
5: This section is subject to section 51(1) Properties vested in fee simple to be administered as Māori reservations
43: Ara Hinerua
1: The fee simple estate in Ara Hinerua vests in the trustees.
2: This section is subject to section 51(2)
44: Horahora Island
1: The fee simple estate in Horahora Island vests in the trustees.
2: This section is subject to section 51(2)
45: Kohi Wheua
1: The fee simple estate in Kohi Wheua vests in the trustees.
2: This section is subject to section 51(2)
46: Koroki Kahukura ki Piarere
1: The fee simple estate in Koroki Kahukura ki Piarere vests in the trustees.
2: This section is subject to section 51(2)
47: Motu Aratau
1: The fee simple estate in Motu Aratau vests in the trustees.
2: This section is subject to section 51(1)
48: Te Kiwa and Te Uira
1: The fee simple estate in Te Kiwa and Te Uira vests in the trustees.
2: This section is subject to section 51(2)
49: Waitoa
1: The fee simple estate in Waitoa vests in the trustees.
2: This section is subject to section 51(1)
50: Whanatangi and Ihaia
1: The fee simple estate in Whanatangi and Ihaia vests in the trustees.
2: This section is subject to section 51(2) General provisions applying to vesting of cultural redress properties
51: Vesting, etc, of certain cultural redress properties not to take effect until deeds of covenant executed
1: Sections 42 47 49
2: Sections 40 43 44 45 46 48 50
52: Properties vest subject to or together with interests
Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 2
53: Interests in land for reserve properties
1: This section applies to each reserve property while the property has an administering body that is treated as if the property were vested in it.
2: This section applies to all or the part of the reserve property that remains a reserve under the Reserves Act 1977 reserve land
3: If the reserve property is affected by an interest in land listed for the property in Schedule 2
4: Any interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered proprietor of the reserve land.
5: Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 63
54: Registration of ownership
1: This section applies to a cultural redress property vested in the trustees under this subpart.
2: Subsection (3) applies to a cultural redress property to the extent that the property is all of the land contained in a computer freehold register.
3: The Registrar-General must, on written application by an authorised person,—
a: register the trustees as the proprietors of the fee simple estate in the property; and
b: record any entry on the computer freehold register and do anything else necessary to give effect to this subpart and to part 5 of the deed of settlement.
4: Subsection (5) applies to a cultural redress property, but only to the extent that subsection (2) does not apply to the property.
5: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register for the fee simple estate in the property in the name of the trustees; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; and
c: in the case of a Māori reservation property, record on the computer freehold register that the property is a Māori reservation to which section 68
6: Subsection (5) is subject to the completion of any survey necessary to create a computer freehold register.
7: A computer freehold register must be created under this section as soon as is 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 Crown and the trustees.
8: In this section, authorised person
a: the Director-General, for the following properties:
i: Koroki Kahukura ki Hinuera:
ii: Puahue:
iii: Te Reti:
b: the chief executive of LINZ, for all other properties.
55: Application of Part 4A of Conservation Act 1987 to cultural redress properties except certain reserve properties
1: The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: Section 24
a: Ara Hinerua:
b: Horahora Island:
c: Kohi Wheua:
d: Koroki Kahukura ki Hinuera:
e: Koroki Kahukura ki Piarere:
f: Motu Aratau:
g: Te Kiwa and Te Uira:
h: Te Reti:
i: Waitoa:
j: Whanatangi and Ihaia.
3: If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property.
4: If the operating easement is surrendered for all or part of a Māori reservation property, then the vesting of the property is no longer exempt from section 24
5: The trustees are appointed as the manager of the Whitehall Estate marginal strip (shown on deed plan OTS–180–15) as if that appointment were made under section 24H
6: This section does not apply to Taumatawiwi or Waikaukau.
56: Application of Part 4A of Conservation Act 1987 to Taumatawiwi and Waikaukau
1: The vesting of the fee simple estate in Taumatawiwi and Waikaukau in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: Section 24
3: If, in relation to all or part of Taumatawiwi or Waikaukau, the reservation as a reserve is revoked and the operating easement is surrendered, the vesting of the property is no longer exempt from section 24
57: Matters to be recorded on computer freehold register for cultural redress properties except Taumatawiwi and Waikaukau
1: The Registrar-General must record on the computer freehold register,—
a: for a reserve property to which section 55
i: that the land is subject to Part 4A
ii: that the land is subject to sections 55(3) 63
b: for a Māori reservation property,—
i: that the land is subject to Part 4A
ii: that the land is subject to section 55(4)
c: for any other cultural redress property (except Taumatawiwi and Waikaukau), 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: For a reserve property to which section 55
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that—
i: section 24
ii: the property is subject to sections 55(3) 63
b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register for the part of the property that remains a reserve.
4: For a Māori reservation property, if the operating easement is surrendered for all or part of the property, the registered proprietors of the property must apply in writing to the Registrar-General to,—
a: if none of the property remains subject to the operating easement, remove from the computer freehold register for the property the notifications that—
i: section 24
ii: the property is subject to section 55(4)
b: if part of the property remains subject to the operating easement (the subject part
i: section 24
ii: that part is subject to section 55(4)
5: The Registrar-General must comply with an application received in accordance with subsection (3) or (4), as relevant.
58: Matters to be recorded on computer freehold register for Taumatawiwi and Waikaukau
1: The Registrar-General must record on the computer freehold register for Taumatawiwi and Waikaukau—
a: that the land is subject to Part 4A
b: that the land is subject to sections 56(3) 63
2: A notification made under subsection (1) that land is subject to Part 4A section 24D(1)
3: If the reservation of the property under this subpart is revoked for—
a: all of the property, and the operating easement has been surrendered, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that—
i: section 24
ii: the property is subject to sections 56(3) 63
b: part of the property, and the operating easement has been surrendered for that part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register for the part of the property that remains a reserve; or
c: all of the property, but the operating easement has not been surrendered, the Director-General must apply in writing to the Registrar-General to remove the notification that the property is subject to section 63
d: part of the property (the revoked part
i: ensure that the notifications referred to in paragraph (a) (but not the notification that the land is subject to section 63
ii: ensure that the notifications referred to in paragraph (a) remain on the computer freehold register for the part of the property that remains a reserve.
4: If the operating easement is surrendered for all or part of the property (and the reservation has been revoked), the registered proprietors of the property must apply in writing to the Registrar-General,—
a: if none of the property remains subject to the operating easement, to remove from the computer freehold register the notifications that—
i: section 24
ii: the property is subject to section 56(3)
b: if part of the property remains subject to the operating easement (the subject part
i: section 24
ii: that part is subject to section 56(3)
5: The Registrar-General must comply with an application received in accordance with subsection (3) or (4), as relevant.
6: For the avoidance of doubt, if the operating easement is surrendered in relation to all or part of the property but the reservation of the property or the part of the property has not been revoked, the notifications made under subsection (1) must not be removed from the computer freehold register.
7: In this section, property
59: Application of other enactments
1: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
2: The permission of a council under section 348
3: Sections 24 25
4: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under this subpart; or
b: any matter incidental to, or required for the purpose of, the vesting.
5: Section 108(9) Te Ture Whenua Maori Act 1993
a: Koroki Kahukura ki Hinuera:
b: Taumatawiwi:
c: Te Reti:
d: Waikaukau.
6: Except as provided in section 68 Te Ture Whenua Maori Act 1993
60: Names of Crown protected areas discontinued
1: Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the settlement date, was all or part of a Crown protected area.
2: The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.
3: In this section, Board Crown protected area Gazetteer official geographic name section 4 Further provisions applying to reserve properties
61: Application of other enactments to reserve properties
1: Sections 48A 114 115 sections 48A(6) 114(5) 115(6)
2: Sections 78(1)(a) 79 to 81 88
3: If the reservation of a reserve property under this subpart is revoked under section 24 section 25(2) section 25
4: A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
5: A reserve property must not have a name assigned to it or have its name changed under section 16(10) section 16(10A)
62: Joint management body for reserve properties
1: A joint management body is established for Koroki Kahukura ki Hinuera, Taumatawiwi, Te Reti, and Waikaukau.
2: The following are appointers for the purposes of this section:
a: the trustees; and
b: the Waipa District Council.
3: Each appointer may appoint 4 members to the joint management body.
4: A member is appointed only if the appointer gives written notice with the following details to the other appointer:
a: the full name, address, and other contact details of the member; and
b: the date on which the appointment takes effect, which must be no earlier than the date of the notice.
5: An appointment ends after 5 years or when the appointer replaces the member by making another appointment.
6: A member may be appointed, reappointed, or discharged at the discretion of the appointer.
7: Sections 32 to 34
8: However,—
a: the first meeting of the body must be held no later than 2 months after the settlement date; and
b: the joint management body may adopt its own procedure for meetings, and that procedure will apply instead of section 32
63: Subsequent transfer of reserve land
1: This section applies to all or the part of a reserve property that remains a reserve under the Reserves Act 1977
2: The fee simple estate in the reserve land may only be transferred in accordance with section 64 65
3: In this section and sections 64 to 66 reserve land
64: Transfer of reserve land to new administering body
1: The registered proprietors of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners
2: The Minister of Conservation must give written consent to the transfer if the registered proprietors satisfy the Minister that the new owners are able to—
a: comply with the requirements of the Reserves Act 1977
b: perform the duties of an administering body under that Act.
3: When making an application to the Minister of Conservation under subsection (1), the registered proprietors must also apply in writing to the Waipa District Council for its consent to the transfer.
4: A consent by the Waipa District Council to the transfer must be in writing and state whether, on registration of the new owners, the administering body is to be—
a: a new joint management body; or
b: the Waipa District Council.
5: The Registrar-General must, upon receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.
6: The required documents are—
a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the reserve land; and
c: the written consent of the Waipa District Council; and
d: any other document required for the registration of the transfer instrument.
7: From the time of registration of the new owners under this section, the administering body—
a: is the entity stated to be the administering body in the consent given under subsection (4) by the Waipa District Council; and
b: holds the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
8: If a new joint management body becomes the administering body, then section 62
9: If the Waipa District Council becomes the administering body, the Reserves Act 1977 section 26
10: A transfer that complies with this section need not comply with any other requirements.
65: Transfer of reserve land to trustees of existing administering body if trustees change
The registered proprietors of the reserve land may transfer the fee simple estate in the reserve land if—
a: the transferors of the reserve land are or were the trustees of the 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.
66: Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
67: Saving of bylaws, etc, in relation to reserve properties
1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 Reserves Act 1977
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977 Further provision applying to Māori reservation properties
68: Māori reservation properties
1: This section applies to each Māori reservation property from the date that the property vests in the trustees.
2: Each Māori reservation property is set apart as a Maori reservation as a place of cultural and historical interest as if each property were set apart under section 338(1)
3: Each Māori reservation property is held on trust by the trustees for the benefit of Ngāti Koroki Kahukura.
4: Each Māori reservation property is held on trust on the following terms as if the Maori Land Court had set out the terms of the trust under section 338(8)
a: each Māori reservation property is inalienable; and
b: each Māori reservation property must be held so as to restore and preserve land holdings within the homeland rohe of Ngāti Koroki Kahukura for the purpose of—
i: recognising and supporting the relationship of Ngāti Koroki Kahukura and their culture and traditions with their ancestral lands; and
ii: supporting the use of the land by members of Ngāti Koroki Kahukura for traditional purposes; and
iii: recognising and taking account of the importance of the land in providing both cultural and material support for Ngāti Koroki Kahukura.
5: No other provisions in Part 17 section 338(15)
a: the Maori Land Court has jurisdiction under section 338(8)
b: on the recommendation of the Maori Land Court, the chief executive of Te Puni Kōkiri, by notice in the Gazette section 338(5)(a) or (b)
6: Sections 18(1)(c) 18(1)(d) 19(1)(a) 20 24 26 194 342
7: Section 108(9) Te Ture Whenua Maori Act 1993
8: Nothing in this section affects the rights and obligations of the grantee of the operating easement.
3: Maungatautari Mountain Scenic Reserve and Waikato River
69: Statement of significance
1: Maungatautari and the Waikato River are regarded by Ngāti Koroki Kahukura as tūpuna and living taonga. Maungatautari and the Waikato River continue to provide spiritual and physical sustenance to Ngāti Koroki Kahukura and are inextricably linked to the identity of Ngāti Koroki Kahukura. Maungatautari and the Waikato River are inseparable and indivisible.
2: Maungatautari was named by the tohunga (high priest) Rakataura on board the Tainui waka, and both Koroki and Kahukura are his direct descendants. The Waikato River was named by Hoturoa the tumu ariki (highest chief) and captain of the Tainui waka. Again, both Koroki and Kahukura are his direct descendants.
3: The world view of Ngāti Koroki Kahukura with regard to these tūpuna tūtohu whenua (ancestral environmental sites) is amplified in the maimai aroha (song of sorrow) composed by King Taawhiao Pootatau Te Wherowhero, the second Māori King. A particular verse is— Kaaore i aarikarika a Maungatautari, a Maungaakawa ooku puke maunga he taonga tuku iho. The plentiful bounties of Maungatautari and Maungākawa, the hills of my inheritance handed down unto me. and— Tooku awa koiora, ko oona pikonga he kura tangihia o te mataamuri. My river of life, each curve more beautiful than the last. Maungatautari—maunga tupuna
4: Ngāti Koroki Kahukura are inextricably bound to the maunga by virtue of whakapapa that derives from the creation stories of Ranginui and Papatūānuku. This interconnectedness lies at the heart of the way Ngāti Koroki Kahukura view the world and their taonga and is the basis of kaitiakitanga, which dictates, among other things, that the mauri of these taonga must be respected as a matter of priority.
5: The maunga has a significant spiritual relevance for Ngāti Koroki Kahukura, who regard the maunga as a source of mana and an indicator of their own mauri or well-being. The maunga and its forests offered shelter and provided physical sustenance for Ngāti Koroki Kahukura, who maintained ahi kā roa through the turbulence of the 1830s, the last period of large-scale inter-tribal conflict, and have continued to live close to the mountain ever since.
6: The people of Ngāti Koroki Kahukura are tāngata whenua of Maungatautari in the full sense of what it means to be tāngata whenua in accordance with their customs and culture. Waikato River—awa tupuna
7: To Ngāti Koroki Kahukura, the Waikato River is a single indivisible being that includes its waters, banks, bed (and all minerals under it) and its streams, waterways, tributaries, lakes, fisheries, vegetation, floodplains, wetlands, islands, springs, water column, airspace, and substratum as well as its metaphysical being with its own mauri.
8: Ngāti Koroki Kahukura are inextricably bound to the awa tupuna by virtue of whakapapa, which derives from the creation stories of Ranginui and Papatūānuku. This interconnectedness lies at the heart of the way Ngāti Koroki Kahukura view the world and waterways and is the basis of kaitiakitanga, which dictates, among other things, that the mauri of waterways must be respected as a matter of priority. The awa tupuna has traditional healing powers and a significant spiritual relevance for Ngāti Koroki Kahukura, who regard the awa as a source of mana and an indicator of their own mauri or well-being.
9: The awa also provided physical sustenance. Its waters enabled lands to remain fertile, thereby allowing the gardens of Ngāti Koroki Kahukura to flourish. The awa tupuna yielded water fowl and aquatic foods such as fish and tuna, and the Arapuni region was known as te rohe o te tuna (the region of the plentiful eels). The awa tupuna was the principal communication link and highway of trade and transport, taking Ngāti Koroki Kahukura wheat, flax, and potatoes as far as Auckland to be exported to Sydney and the Americas.
70: Acknowledgments
The Crown acknowledges—
a: that Ngāti Koroki Kahukura hold dominant mana whenua, ahi kā roa, mana whakahaere, and kaitiaki status within the homeland rohe of Ngāti Koroki Kahukura, which encompasses—
i: the Pukekura, Horahora, and Maungatautari land blocks:
ii: the Waikato River within the Karapiro to Lake Arapuni sub-catchment:
iii: Maungatautari:
b: the leadership and generosity of Ngāti Koroki Kahukura in agreeing that the settlement of the historical claims of Ngāti Koroki Kahukura will provide for the fee simple estate in the land within the Maungatautari Mountain Scenic Reserve to be held by Te Hapori o Maungatautari —the Maungatautari community comprising iwi with customary interests in Maungatautari and members of the wider community connected with Maungatautari:
c: that Maungatautari is significant, too, for Ngāti Hauā, Raukawa, and Waikato-Tainui, who maintain associations with Maungatautari in accordance with their tikanga:
d: that Ngāti Koroki Kahukura are a river iwi. Maungatautari Mountain Scenic Reserve
71: Interpretation
1: In sections 70 to 85 archaeological site section 6 authorised representatives section 82(3) iwi with customary interests in Maungatautari Maungatautari Mountain Scenic Reserve
a: on the settlement date, means the land described in Schedule 3
b: from the date of an addition of land to the reserve, includes any land added to the reserve under section 78 79 80
c: from the date of the removal of land from the reserve, excludes any land removed from the reserve under section 78 members of the wider community connected with Maungatautari Ngāti Hauā Ngāti Hauā Iwi Trust private land Raukawa Raukawa Settlement Trust Te Arataura Te Hapori o Maungatautari wāhi tapu section 6 wāhi tupuna Waikato-Tainui section 7
2: For the purposes of sections 72(3) 78(6) 79(3) and (5) 80(3)
72: Te Hapori o Maungatautari registered proprietor of reserve
1: On and from the settlement date, Te Hapori o Maungatautari is to be treated as the registered proprietor of Maungatautari Mountain Scenic Reserve.
2: Subsection (1) applies until Te Hapori o Maungatautari becomes the registered proprietor of the reserve in accordance with subsection (3).
3: The Registrar-General must, on written application by the Director-General,—
a: create, in the name of Te Hapori o Maungatautari, 1 computer freehold register for the fee simple estate in Maungatautari Mountain Scenic Reserve (within the meaning of paragraph (a) of that term as defined in section 71(1)
b: record on the computer freehold register—
i: any interests that are registered, notified, or notifiable and that are described in the application; and
ii: that the land is subject to this subpart; and
iii: that the land is subject to Part 4A
iv: that, despite subparagraph (iii), the land is not subject to section 24
v: that the land is subject to section 11
4: The notification under subsection (3)(b)(iii) that the land is subject to Part 4A section 24D(1)
5: Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.
6: The Director-General must make the application referred to in subsection (3) within 24 months after the settlement date or by any later date that may be agreed in writing by the Crown and the trustees.
7: Te Hapori o Maungatautari must not—
a: transfer or otherwise dispose of Maungatautari Mountain Scenic Reserve; or
b: mortgage or give a security interest in Maungatautari Mountain Scenic Reserve.
73: Reserve held for public use and enjoyment
1: Maungatautari Mountain Scenic Reserve is held for the use and enjoyment of the people of New Zealand.
2: To avoid doubt, subsection (1) does not of itself confer any rights to any person on which a cause of action may be based.
3: The Crown continues to have, in relation to Maungatautari Mountain Scenic Reserve, the rights and obligations of the holder of the fee simple estate.
4: The treatment and registration of Te Hapori o Maungatautari as proprietor of Maungatautari Mountain Scenic Reserve under section 72
74: Recognition of customary interests
1: The Registrar-General must record on any computer freehold register for Maungatautari Mountain Scenic Reserve that Ngāti Koroki Kahukura, Ngāti Hauā, Raukawa, and Waikato-Tainui have spiritual, ancestral, cultural, customary, and historical interests in the land within Maungatautari Mountain Scenic Reserve.
2: The recording of interests under subsection (1) does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Maungatautari Mountain Scenic Reserve.
3: Subsections (4) and (5) apply to any person exercising any power or carrying out any function under this Act or the Reserves Act 1977
4: A person to whom this subsection applies must, so far as it is consistent with this Act or the Reserves Act 1977
a: consider and give significant weight to—
i: the interests referred to in subsection (1); and
ii: the statement of significance set out in section 69
iii: other statements related to the significance of Maungatautari Mountain Scenic Reserve that are contained in deeds of settlement entered into between the Crown and Ngāti Hauā, Raukawa, and Waikato-Tainui or in any enactment giving effect to those deeds; and
iv: the Crown acknowledgements set out in section 70
b: exercise the power or carry out the function in a manner that—
i: is not inconsistent with the matters specified in paragraph (a)(i) to (iv); and
ii: does not compromise a known archaeological site, wāhi tapu, or wāhi tupuna or cause it to be destroyed, damaged, or modified.
5: A person to whom this subsection applies must, having exercised a power or carried out a function, make a written statement describing how the matters specified in subsection (4)(a)(i) to (iv) are reflected in the manner that the power was exercised or the function was carried out.
75: Reserve status and management plan
1: Maungatautari Mountain Scenic Reserve is a scenic reserve for the purposes of section 19(1)(a)
2: Subject to section 78(5) Reserves Act 1977
3: Despite subsection (1), the reserve classification of Maungatautari Mountain Scenic Reserve may be reclassified in accordance with section 24
4: If the reserve classification of Maungatautari Mountain Scenic Reserve is reclassified in accordance with section 24
a: the name of the reserve also changes, but only to the extent necessary to reflect the new reserve classification; and
b: references in this subpart to Maungatautari Mountain Scenic Reserve are to be read as references to the reclassified reserve.
5: Waipa District Council is the administering body of Maungatautari Mountain Scenic Reserve under section 28
6: Waipa District Council must, within 6 months after the settlement date, review the management plan approved under section 41 section 41(5) and (6)
7: Waipa District Council must form a reference group with the trustees to assist with the conduct of the review.
76: Functions and powers of Minister under Reserves Act 1977
1: The Minister of Conservation has powers and functions under the Reserves Act 1977
2: However, the Minister of Conservation must not—
a: exchange any land comprising the reserve or part of the reserve under section 15
b: revoke the reservation of the land as a reserve under section 24
c: vest the reserve in other persons under section 26
3: Despite subsection (2)(a), the Minister may authorise an exchange of land comprising part of the reserve in accordance with section 78
77: Registration of instruments under Land Transfer Act 1952
1: The Registrar-General must not accept for registration an instrument that relates to the Maungatautari Mountain Scenic Reserve unless the instrument—
a: complies with subsections (2) and (3); and
b: is in order for registration under the Land Transfer Act 1952
2: The instrument must be—
a: executed by or on behalf of the Crown—
i: pursuant to a power or function under section 73(3) 76(1)
ii: to give effect to an exchange of land under section 78
iii: to give effect to an addition of land in accordance with section 79 80
b: executed by the administering body of the reserve pursuant to a power or function under the Reserves Act 1977 section 10
c: in any situation not described in paragraph (a) or (b), executed by the authorised representatives in accordance with section 82
3: The instrument must be accompanied by a certificate given by a solicitor that—
a: identifies the provision in subsection (2) that applies to the instrument; and
b: verifies that the instrument has been executed in accordance with this Act or the Reserves Act 1977
c: in the case of an instrument to give effect to an exchange of land, confirms that the Minister has complied with section 78(2)
78: Exchange of land
1: In this section,— added land removed land
2: The Minister may, by notice published in the Gazette
3: Subsections (4) to (6) apply if the Registrar-General receives a transfer instrument that is in order for registration and contains a statement that the land described in the transfer instrument is to be exchanged in accordance with this section.
4: The Registrar-General must record any entry on any computer freehold register and do anything else necessary to give effect to the exchange.
5: On the registration of the transfer of the removed land, the removed land—
a: ceases to be subject to this subpart and to the Reserves Act 1977
b: is subject to—
i: Part 4A section 24
ii: section 11
6: The Registrar-General must—
a: register the transfer of the fee simple estate in the added land to the Crown; and
b: immediately register Te Hapori o Maungatautari as the proprietor of the fee simple estate in the added land; and
c: record on the computer freehold register the matters specified in section 81
79: Addition of Crown-owned land to reserve
1: Any Crown-owned land that does not form part of the Maungatautari Mountain Scenic Reserve may, with the consent of the authorised representatives, be added to the reserve in accordance with this section.
2: Subsection (3) applies to Crown-owned land that is to be added to the reserve, but only to the extent that the land is all of the land contained in a computer freehold register.
3: The Registrar-General must, in accordance with a written application by the Director-General,—
a: register Te Hapori o Maungatautari as the proprietor of the fee simple estate in the land; and
b: record on the computer freehold register the matters specified in section 81
4: Subsection (5) applies to Crown-owned land that is to be added to the reserve, but only to the extent that subsection (3) does not apply to the land.
5: The Registrar-General must, in accordance with a written application by the Director-General,—
a: create a computer freehold register for the fee simple estate in the land in the name of Te Hapori o Maungatautari; and
b: record on the computer freehold register the matters specified in section 81
80: Addition of private land to reserve
1: Any private land may, with the consent of the authorised representatives, be added to the reserve in accordance with this section.
2: Subsection (3) applies to private land that is to be added to the reserve.
3: The Registrar-General must, on receipt of a transfer instrument that is in order for registration and contains a statement that the land described in the transfer instrument is to be added to Maungatautari Mountain Scenic Reserve in accordance with this section,—
a: register the transfer of the fee simple estate in the land to the Crown; and
b: immediately register Te Hapori o Maungatautari as the proprietor of the fee simple estate in the land; and
c: record on the computer freehold register the matters specified in section 81
81: Matters to be recorded on computer freehold register
1: The Registrar-General must record on the computer freehold register for land added to Maungatautari Mountain Scenic Reserve in accordance with section 78 79 80
a: the land is held as part of Maungatautari Mountain Scenic Reserve and is subject to this subpart; and
b: the land is subject to Part 4A
c: despite paragraph (b), the land is not subject to section 24
d: the land is subject to section 11
2: A notification made under subsection (1) that land is subject to Part 4A section 24D(1)
3: The Registrar-General must record any entry on the computer freehold register and do anything else necessary to give effect to the addition of land to the reserve.
82: Authorised representatives to execute instrument on behalf of Te Hapori o Maungatautari if required
1: This section applies to any deed, contract, or other instrument that—
a: Te Hapori o Maungatautari, as the registered proprietor of the fee simple estate in Maungatautari Mountain Scenic Reserve, is required to execute; and
b: cannot be executed by the Crown (despite section 73(3)
2: The deed, contract, or other instrument must be executed on behalf of Te Hapori o Maungatautari by its authorised representatives.
3: The authorised representatives of Te Hapori o Maungatautari are—
a: the chairperson of the Taumatawiwi Trust:
b: the chairperson of the Ngāti Hauā Iwi Trust:
c: the chairperson of the Raukawa Settlement Trust:
d: the chairperson of Te Arataura:
e: the mayor of the Waipa District Council.
4: If at any time any of the entities listed in subsection (3)(a) to (d) has more than 1 chairperson, only 1 of them may act as an authorised representative for that entity.
5: A deed, contract, or other instrument is to be taken as executed by the authorised representatives on behalf of Te Hapori o Maungatautari if—
a: the deed, contract, or other instrument is executed by—
i: the mayor of the Waipa District Council; and
ii: 3 other authorised representatives; and
b: written notice is given to each of the authorised representatives before the deed, contract, or other instrument is executed.
6: An authorised representative is not personally liable in respect of any act done or omitted in good faith in the course of performing or exercising the authorised representative's functions or powers.
83: Maungatautari Mountain Scenic Reserve held subject to or together with interests
1: Maungatautari Mountain Scenic Reserve is held subject to, or with the benefit of, the interests affecting the reserve from time to time, including, on the settlement date, the interests listed in the second column of the table in Schedule 3
2: Any arrangement relating to the management of the Maungatautari Mountain Scenic Reserve (including any arrangement relating to infrastructure for activities on the reserve) entered into before the settlement date between the administering body and a third party remains unaffected.
3: Subsection (4) applies to any interest—
a: under a lease, licence, permit, easement, or statutory authorisation (including any right to a renewal or extension of that interest) granted in respect of Maungatautari Mountain Scenic Reserve (within the meaning of paragraph (a) of that term as defined in section 71
b: that was in effect immediately before the settlement date.
4: An interest to which this subsection applies continues to have effect, so far as it is lawful, according to its tenor and as if the grantor of any such interest immediately before the settlement date continues to be the grantor.
5: Subsections (6) and (7) apply to any structure fixed to, or under or over, any part of Maungatautari Mountain Scenic Reserve.
6: A structure to which this subsection applies is to be regarded as personal property and not as land or as an interest in land.
7: If, immediately before the settlement date, a person had an interest in a structure to which this subsection applies, that person continues to have that interest in the structure as personal property until the person's interest is changed by a disposition or by operation of law.
8: In relation to any land that is added to the reserve under section 78 79 80
84: Saving of bylaws, etc, in relation to Maungatautari Mountain Scenic Reserve
1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 Reserves Act 1977
2: Despite section 72 Conservation Act 1987 Reserves Act 1977
85: Application of other enactments
1: The following provisions apply to the Maungatautari Mountain Scenic Reserve as if the reserve were Maori customary land:
a: section 28
b: section 8
c: sections 104 145 342
2: Section 108(9) Te Ture Whenua Maori Act 1993
3: Section 11 Part 10
a: the registration of Te Hapori o Maungatautari as the proprietor of the fee simple estate in Maungatautari Mountain Scenic Reserve under section 72
b: the creation of a computer freehold register for the purposes of an exchange of land under section 78 section 79 80
c: any matter incidental to, or required for the purpose of, the matters described in paragraphs (a) and (b).
4: The registration of Te Hapori o Maungatautari as the proprietor of Maungatautari Mountain Scenic Reserve under section 72
a: does not limit section 10 11
b: is a disposition for the purposes of Part 4A sections 24 24A 24AA Karapiro to Lake Arapuni sub-catchment
86: Interpretation
In this section and sections 87 to 96 2010 Act Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 integrated river management plan Raukawa co-management deed Raukawa Raukawa Settlement Trust section 7(2) sub-catchment Upper Waikato River integrated management plan section 36 Waikato Raupatu River Trust section 6(2) Waikato River deed parties
a: each of the deeds referred to in the definition of deed in section 7(2)
b: the deed of settlement between the Crown and Waikato-Tainui in relation to the Waikato River dated 17 December 2009 Waikato-Tainui Act Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 Waikato-Tainui environmental plan
87: Section 40 of Waikato-Tainui Act applies to sub-catchment
1: Section 40
2: In subsection (1), conservation legislation Conservation Act 1987 Schedule 1 Joint management agreements
88: Joint management agreements between Waikato Raupatu River Trust and local authorities apply to sub-catchment
1: The joint management agreement dated 18 June 2013 between the Waikato Raupatu River Trust and the Waikato Regional Council, entered into in accordance with section 41(1)
2: The joint management agreement dated 27 September 2013 between the Waikato Raupatu River Trust and the Waipa District Council, entered into in accordance with section 41(1)
89: Waikato Raupatu River Trust and South Waikato District Council may enter into joint management agreement
1: The Waikato Raupatu River Trust and the South Waikato District Council may agree in writing to enter into a joint management agreement to apply to the Waikato River to the extent that it is within the sub-catchment and to activities in the sub-catchment affecting the Waikato River.
2: The joint management agreement must be generally in the form set out in part 5 of the schedule of the deed of settlement between the Crown and Waikato-Tainui in relation to the Waikato River dated 17 December 2009.
3: Sections 41(2) 42 to 55
4: For the purposes of this section, each reference in section 48 Conservation regulations
90: Conservation regulations may be made in relation to sub-catchment
1: A regulation that is made under section 93(1) section 58(1)
2: However, a regulation may not be made under section 93(1) section 58(1)
a: the overarching purpose described in section 3
b: the overarching purpose described in section 3
3: For the purposes of this section, only 1 regulation or 1 set of regulations may apply to the Waikato River to the extent that it is within the sub-catchment, and the single regulation or single set of regulations must be made under both section 93(1) section 58(1) Customary fishing
91: Customary fishing regulations that apply to sub-catchment
1: A regulation that is made in accordance with section 93(3)
2: The regulation must state the effect of subsection (1), but the omission to do so does not affect the validity of the regulation. Fishing (bylaw) regulations
92: Fishing (bylaw) regulations may be made in relation to sub-catchment
1: A regulation that is made in accordance with section 93(4)
2: The regulation must state the effect of subsection (1), but the omission to do so does not affect the validity of the regulation. Fisheries bylaws
93: Fisheries bylaws that apply to sub-catchment
1: This section applies where—
a: regulations have been made in accordance with section 93(4) section 58(3)
b: under those regulations, as amplified by section 92 section 6(1) contributing parties
2: In exercising their powers to recommend a bylaw in respect of the sub-catchment, the contributing parties—
a: must, after co-operation between them, recommend a joint bylaw in written form; and
b: must recommend only a bylaw that is consistent with the overarching purpose of each of the Waikato-Tainui Act and the 2010 Act.
3: The Minister for Primary Industries must make any bylaw recommended under subsection (2), unless the Minister is satisfied that the proposed bylaw would have an undue adverse effect on fishing.
4: A bylaw that is made on the recommendation of the contributing parties in accordance with subsection (2)—
a: is taken to be made both under section 93(5) section 58(4)
b: takes effect in the Waikato River to the extent that it is within the sub-catchment on a date notified in the Gazette Integrated river management plan and Upper Waikato River integrated management plan
94: Application of provisions of components of integrated river management plan
1: The conservation and fisheries components of the integrated river management plan referred to in section 35(3)(a) and (b)
2: The Waikato Raupatu River Trust and the Waikato Regional Council may agree that the provisions of the regional council component of the integrated river management plan referred to in section 35(3)(c)
3: The Waikato Raupatu River Trust and an agency that has agreed a component of the integrated river management plan referred to in section 35(3)(d)
95: Process for preparation of provisions that apply to Waikato River under section 94
Provisions of components that, under section 94 Schedule 7 section 96
96: Modifications to component process preparation
1: This section applies to the preparation of—
a: provisions of components of the integrated river management plan to the extent that those provisions apply to the Waikato River within the sub-catchment under section 94
b: provisions of components of the Upper Waikato River integrated management plan to the extent that those provisions apply to the Waikato River within the sub-catchment in accordance with Part 2
2: The processes in Schedule 7 Schedule 5 contributing parties
a: the Waikato Raupatu River Trust; and
b: the trustees of each Trust referred to in section 6(1)
c: the department, local authority, or agency relevant to the particular component.
3: References in Schedule 7
a: the integrated river management plan and the plan are to be read as references to a provision referred to in subsection (1); and
b: the draft plan are to be read as references to a draft provision.
4: In preparing a provision referred to in subsection (1), the contributing parties, after co-operation among them, must agree joint provisions that are consistent with both the overarching purpose and provisions of the Waikato-Tainui Act relating to the integrated river management plan and the overarching purpose and provisions of the 2010 Act relating to the Upper Waikato River integrated management plan.
5: Once the joint provisions are agreed in accordance with this section and section 95
a: to be part of the relevant component of the integrated river management plan and to apply to the Waikato River to the extent that it is within the sub-catchment in accordance with the provisions of the Waikato-Tainui Act; and
b: to be part of the relevant component of the Upper Waikato River integrated management plan and to apply to the Waikato River to the extent that it is within the sub-catchment in accordance with the provisions of the 2010 Act.
6: This section and sections 94 95
a: components of the integrated river management plan that apply to the Waikato River in accordance with the Waikato-Tainui Act; or
b: components of the Upper Waikato River integrated management plan that apply to the Waikato River outside the sub-catchment in accordance with the 2010 Act. Iwi objectives for review
97: Iwi objectives for review of Waikato river vision and strategy
1: Ngāti Koroki Kahukura may formulate iwi objectives for the Waikato River for the purposes of—
a: section 20(2)(a)(iv)
b: section 21(2)(a)(ii)
2: If Ngāti Koroki Kahukura formulates iwi objectives, it must do so in accordance with this section.
3: The iwi objectives must be consistent with the overarching purposes specified in section 3 section 3
4: The trustees must make the iwi objectives available for inspection by the public at the offices of the Taumatawiwi Trust and provide copies to—
a: every local authority, within the meaning of paragraph (a) of the definition of local authority in section 6(3) section 7(2)
b: the Minister for the Environment.
5: The iwi objectives are effective from the date on which the trustees comply with subsection (4).
6: Ngāti Koroki Kahukura may amend the iwi objectives, and subsections (2) to (5) apply to the formulation of amended iwi objectives with any necessary modifications. Non-derogation
98: Non-derogation
1: To the extent that instruments under the Waikato-Tainui Act apply to the sub-catchment in accordance with this subpart, they do not derogate from—
a: the interests referred to in clause 13.11.1 of the Raukawa co-management deed; or
b: the statement of significance set out in clause 2.3 of the Raukawa co-management deed.
2: To the extent that instruments under the 2010 Act apply to the sub-catchment in accordance with this subpart, they do not derogate from—
a: the interests referred to in the Crown acknowledgements set out in section 70
b: the statement of significance set out in section 69
3: Commercial redress
99: Interpretation
In subparts 1 2 commercial redress property land holding agency
1: Transfer of commercial redress properties
100: The Crown may transfer properties
To give effect to part 8 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to—
a: transfer the fee simple estate in a commercial redress property to the trustees; and
b: sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
101: Computer freehold registers for commercial redress properties
1: This section applies to each commercial redress property that is to be transferred to the trustees under section 100
2: However, this section applies only to the extent that—
a: the property is not all of the land contained in a computer freehold register; or
b: there is no computer freehold register for all or part of the property.
3: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register for the fee simple estate in the property in the name of the Crown; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but
c: omit any statement of purpose from the computer freehold register.
4: Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.
5: In this section and section 102 authorised person
102: Authorised person may grant covenant for later creation of computer freehold register
1: For the purposes of section 101
2: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register the covenant under that Act by creating a computer interest register; and
b: the Registrar-General must comply with the request.
103: Application of other enactments
1: This section applies to the transfer to the trustees of the fee simple estate in a commercial redress property.
2: The transfer is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
3: The transfer does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
5: Section 11 Part 10
6: In exercising the powers conferred by section 100
7: Subsection (6) is subject to subsections (2) and (3).
104: Transfer of balance Puahue quarry property
1: This section applies to the commercial redress property described as the balance Puahue quarry property in part 3 of the property redress schedule.
2: Immediately before the transfer under section 100 Reserves Act 1977
3: Sections 24 25
2: Right of first refusal over RFR land
Interpretation
105: Interpretation
In this subpart and Schedule 4 control
a: for a company, control of the composition of its board of directors; and
b: for another body, control of the composition of the group that would be its board of directors if the body were a company 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 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) 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), 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, a fixture, or a fitting from the land expiry date sections 108(2)(a) 109 notice offer section 108 public work section 2 related company section 2(3) RFR area 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 114(1)
d: to avoid doubt, does not include an administering body in which RFR land is vested—
i: on the settlement date; or
ii: after the settlement date, under section 115(1) RFR period subsidiary section 5
106: Meaning of RFR land
1: In this subpart, RFR land
a: the land that is within the RFR area that, on the settlement date, is—
i: vested in the Crown; or
ii: held in fee simple by the Crown; or
iii: a reserve vested in an administering body that derived title to the reserve from the Crown and that would, on the application of section 25 27
b: any land obtained in exchange for a disposal of RFR land under section 119(1)(c) 120
2: RFR land does not include a commercial redress property.
3: Land ceases to be RFR land if—
a: the fee simple estate in the land transfers from the RFR landowner to—
i: the trustees or their nominee; or
ii: any other person (including the Crown or a Crown body) under section 107(d)
b: the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 116 to 122
ii: under any matter referred to in section 123(1)
c: the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 131
d: the RFR period for the land ends. Restrictions on disposal of RFR land
107: 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 113 to 122
b: under any matter referred to in section 123(1)
c: in accordance with a waiver or variation given under section 131
d: 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 to the trustees was—
i: made in accordance with section 108
ii: made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and
iii: not withdrawn under section 110
iv: not accepted under section 111 Trustees’ right of first refusal
108: Requirements for offer
1: An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees.
2: The notice must include—
a: the terms of the offer, including its expiry date; and
b: the legal description of the land, including any interests affecting it, and the reference for any computer register for the land; and
c: a street address for the land (if applicable); and
d: a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer.
109: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 40 working days after the date on which the trustees receive notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 20 working days after the date on which 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.
110: Withdrawal of offer
The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted.
111: 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.
112: 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 RFR landowner and the trustees on the terms in the offer.
2: The terms of the contract may be varied by written agreement between the RFR 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 if—
a: the nominee is lawfully able to hold the RFR land; and
b: notice is given to the RFR landowner on or before the day that is 10 working 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 trustees nominate a nominee, the trustees remain liable for the obligations of the transferee under the contract. Disposals to others but land remains RFR land
113: 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, the Crown may dispose of RFR land to a Crown body in accordance with section 563 Section 113(2) amended 1 August 2020 section 668 Education and Training Act 2020
114: Disposal of existing public works to local authorities
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
2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart.
115: 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 a 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. Disposals to others where land may cease to be RFR land
116: Disposal in accordance with obligations under 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.
117: Disposal in accordance with legal or equitable obligations
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, an endowment, or a trust relating to the land.
118: Disposal under certain legislation
An RFR landowner may dispose of RFR land in accordance with—
a: section 54(1)(d)
b: section 34 43 44
c: section 355(3)
119: 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 of Te Ture Whenua Maori Act 1993, after an application by an RFR landowner under section 41(1)(e)
120: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
121: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
122: Disposal to tenants
The Crown may dispose of RFR land—
a: that was held on the 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 under a right of renewal in a lease granted before the settlement date; or
c: under section 93(4) RFR landowner obligations
123: RFR landowner’s obligations subject to other matters
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 except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any interest, or legal or equitable obligation, that—
i: prevents or limits an RFR landowner’s disposal of RFR land to the trustees; and
ii: 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. Notices about RFR land
124: Notice to LINZ 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 legal description of the land and the reference for the computer register.
125: 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 or their nominee.
2: The notice must be given on or before the date that is 20 working days before the day of the disposal.
3: The notice must include—
a: the legal description of the land, including any interests affecting it; and
b: the reference for any computer register for the land; and
c: the street address for the land (if applicable); and
d: the name of the person to whom the land is being disposed of; and
e: an explanation of how the disposal complies with section 107
f: if the disposal is to be made under section 107(d)
126: Notice to LINZ of land ceasing to be RFR land
1: This section applies if land contained in a computer register is to cease being RFR land because—
a: the fee simple estate in the land is to transfer from the RFR landowner to—
i: the trustees or their nominee (for example, under a contract formed under section 112
ii: any other person (including the Crown or a Crown body) under section 107(d)
b: the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 116 to 122
ii: under any matter referred to in section 123(1)
c: the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 131
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 include—
a: the legal description of the land; and
b: the reference for the computer register for the land; and
c: the details of the transfer or vesting of the land.
127: Notice requirements
Schedule 4
a: an RFR landowner; or
b: the trustees. Right of first refusal recorded on computer registers
128: Right of first refusal to be recorded 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 for,—
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—
a: after the settlement date, for RFR land for which there is a computer register on the settlement date; or
b: after receiving a notice under section 124
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 each computer register for the RFR land identified in the certificate that the land is—
a: RFR land, as defined in section 106
b: subject to this subpart (which restricts disposal, including leasing, of the land).
129: Removal of notifications when land to be transferred or vested
1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 126
a: the legal description of the land; and
b: the reference for the computer register for the land; and
c: the details of the transfer or vesting of the land; and
d: a statement that the certificate 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 described in the certificate, remove from the computer register identified in the certificate any notification recorded under section 128
130: Removal of notifications when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes—
a: the reference for each computer register for that RFR land that still has a notification recorded under section 128
b: a statement that the certificate 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 any notification recorded under section 128 General provisions applying to right of first refusal
131: 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 an agreement under this section is on the terms, and applies for the period, specified in it.
132: 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.
133: Assignment of rights and obligations under this subpart
1: Subsection (3) applies if the RFR holder—
a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional document; and
b: has given the notices required by subsection (2).
2: The RFR holder must give notices to each RFR landowner—
a: stating that the RFR holder's rights and obligations under this subpart are being assigned under this section; and
b: specifying the date of the assignment; and
c: specifying the names of the assignees and, if they are the trustees of a trust, the name of the trust; and
d: specifying the street address, postal address, and fax number or electronic address for notices to the assignees.
3: This subpart and Schedule 4
4: In this section,— constitutional document RFR holder
a: they are the trustees; or
b: they have previously been assigned those rights and obligations under this section.