NgāiTakoto Claims Settlement Act 2015

1: Title
This Act is the NgāiTakoto Claims Settlement Act 2015.
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 NgāiTakoto historical claims
Preliminary matters
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and apology given by the Crown to NgāiTakoto in the deed of settlement; and
b: to give effect to certain provisions of the deed of settlement that settles the historical claims of NgāiTakoto.
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 NgāiTakoto, as recorded in the deed of settlement; and
e: defines terms used in this Act, including key terms such as NgāiTakoto 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: in subpart 1
b: cultural redress that does not involve the vesting of land, namely,—
i: in subpart 2
ii: in subpart 3
iii: in subpart 4
iv: in subpart 5
v: in subpart 6
vi: in subpart 7
4: Part 3
a: in subpart 1
b: in subpart 2
c: in subpart 3
d: in subpart 4
5: There are 5 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3
d: Schedule 4
e: Schedule 5 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: Traditionally, the NgāiTakoto rohe is defined by the journeys taken by spirits as they return to their spiritual homeland of Hawaiki, stretching from the southern boundary of Ahipara in the west and Rangaunu in the east, northward to Te Rerenga Wairua (Cape Reinga).
2: Prior to the arrival of Europeans, NgāiTakoto were largely based around various pa and kainga Kapowairua, Parengarenga, Houhora, Waimanoni, Kaitaia, and Te Make. Like other Te Hiku iwi, they were highly mobile, relying on the coast and local waterways for kai and passage.
3: British missionaries were some of the first settlers to establish themselves within the NgāiTakoto rohe. The local iwi initially saw advantages with the arrival of settlers, through the introduction of new technologies and access to the European world, and the benefits these might bring.
4: Numerous land agreements with settlers occurred throughout the 1830s, covering much of the NgāiTakoto rohe. While some of the deeds provided for ongoing use of land by local Māori, they were signed by rangatira from other iwi, and NgāiTakoto had limited involvement in the transactions.
5: NgāiTakoto signed te Tiriti o Waitangi/the Treaty of Waitangi
6: Unlike the terms of the original land transactions, the new Crown grants did not allow for NgāiTakoto to continue to use cultivation areas and kainga in Te Make, Ohotu, Awanui, and numerous other traditional areas. The loss of rights to land along the Awanui River was especially hard as it limited access to river resources and fertile land. Moreover, some of the proposed 450 acres of reserves were never established.
7: In 1844, NgāiTakoto lost further land rights in the forced cession of almost 2 500 acres at Ruatorara (East Beach) when the Crown demanded another iwi provide compensation to a settler over an incident involving a ship in Ahipara.
8: In 1858 and 1859, before the pre-Treaty transactions were finalised, the Crown purchased an additional 4 land blocks (Muriwhenua South, Wharemaru, Oinu, and Ahipara), totalling 112 613 acres, in which NgāiTakoto had mana whenua interests. As with previous transactions, NgāiTakoto had no involvement in these arrangements, nor were they able to retain any of the reserves created from these Crown purchases, including the Houhora Peninsula, which totalled 7 500 acres.
9: By 1859, NgāiTakoto were virtually landless. The loss of their lands severely affected their ability to access and manage traditional natural resources, destroyed their cultural foundations and undermined their tribal structures.
9: Acknowledgements
1: The Crown acknowledges that NgāiTakoto have well founded and legitimate grievances and that until now it has failed to address those in an appropriate manner. The Crown's provision of redress to NgāiTakoto for those historical grievances is long overdue.
2: The Crown acknowledges that in approving pre-Treaty land transactions totalling 32 000 acres, issuing grants to settlers for those lands, and retaining approximately 15 000 acres of surplus land te Tiriti o Waitangi/the Treaty of Waitangi
a: failing to consider the customary rights and interests of NgāiTakoto; and
b: failing to assess the impact of the alienation of those lands on NgāiTakoto.
3: The Crown acknowledges that it was in further breach of the Treaty and its principles when it failed to preserve occupation and use rights agreed in the pre-Treaty deeds for Awanui (Otaki), Te Make (Okiore), and Ohoto lands and by taking decades to settle title or assert its own claim to these lands. This resulted in NgāiTakoto losing vital kainga and cultivation areas.
4: The Crown acknowledges that—
a: it pressured Māori in 1844 to cede land at Ruatorara (East Beach) to compensate a settler for the goods Māori had removed from his schooner when it grounded at Ahipara; and
b: it failed to investigate the customary interests in the ceded land; and
c: this process for determining reparation was prejudicial to NgāiTakoto who lost land they had interests in and this was in breach of te Tiriti o Waitangi/the Treaty of Waitangi
5: The Crown acknowledges that—
a: it failed to carry out an adequate inquiry into the nature and extent of NgāiTakoto customary rights in lands in the Muriwhenua South, Wharemaru, and other pre-1865 purchases; and
b: its failure to protect NgāiTakoto rights and interests to their full extent prejudiced the iwi and breached te Tiriti o Waitangi/the Treaty of Waitangi
6: The Crown acknowledges that—
a: by 1859 NgāiTakoto were virtually landless in their core area of occupation, having lost their interests in approximately 155 000 acres; and
b: when the Houhora Peninsula was alienated in 1867 to private parties, NgāiTakoto lost further occupation areas and sites of high cultural significance; and
c: the loss of their lands severely undermined the tribal structures of NgāiTakoto and was detrimental to their future well-being and strength as an iwi; and
d: the Crown's failure to ensure that NgāiTakoto retained sufficient land for their present and future needs was a breach of te Tiriti o Waitangi/the Treaty of Waitangi
7: The Crown acknowledges—
a: the significance of Te Oneroa-a-Tohe to NgāiTakoto as a taonga, which is vital to their spiritual and material well-being; and
b: that it has failed to respect, provide for, and protect the special relationship with NgāiTakoto to Te Oneroa-a-Tohe.
8: The Crown acknowledges that its failure to actively protect NgāiTakoto hindered their ability to participate in economic development and marginalised the iwi. The Crown further acknowledges that the cumulative effect of its actions and omissions left generations of NgāiTakoto a legacy of impoverishment, spiritually, psychologically, and economically. This has had an enduring and ongoing impact on the iwi.
10: Apology
1: The Crown apologises to NgāiTakoto, to their ancestors, and to their descendants for failing to achieve the relationship sought by NgāiTakoto, as Treaty partner, and for the consequences to NgāiTakoto of that failure. The Crown acknowledges the impact of land loss, and with that the suffering and hardships that befell generations of NgāiTakoto members. The Crown, in this regard, unreservedly apologises to NgāiTakoto.
2: The Crown's failures of the past left NgāiTakoto virtually landless by 1859. Its actions caused significant damage to the social and economic development of NgāiTakoto and severely undermined the well-being of the iwi with consequences that continue to be felt today. The Crown again apologises to NgāiTakoto for those events.
3: The Crown recognises that it has not always fulfilled its obligations to NgāiTakoto under te Tiriti o Waitangi/the Treaty of Waitangi
4: The Crown recognises that the process of healing begins with this agreement between the Crown and NgāiTakoto. The Crown looks forward to building an enduring relationship of mutual trust and co-operation with NgāiTakoto that is based on a mutual respect and on te Tiriti o Waitangi/the Treaty of Waitangi 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) aquatic life section 2(1) attachments Aupouri Forest section 134 commercial redress property section 134 Commissioner of Crown Lands section 24AA common marine and coastal area section 9(1) 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) conservation area section 2(1) conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown forest land section 134 Crown forestry licence section 134 cultural redress property section 22 deed of recognition
a: means a deed of recognition issued under section 115
i: the Minister of Conservation and the Director-General; or
ii: the Commissioner of Crown Lands; and
b: includes any amendments made under section 115(4) deed of settlement
a: means the deed of settlement dated 27 October 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: Rangitane Marsden, Mangu Awaru, and Robert Tamati, for and on behalf of NgāiTakoto; and
iii: Mangu Awaru and Wallace Rivers, being the trustees of Te Rūnanga o NgāiTakoto; and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed or its schedules and attachments deferred selection property section 134 Director-General documents schedule effective date historical claims section 14 interest korowai subpart 3 LINZ local authority section 5(1) member of NgāiTakoto section 13(1)(a) NgāiTakoto section 13 NgāiTakoto area of interest area of interest Ngāti Kahu Ngāti Kahu governance entity Ngāti Kuri section 13 Peninsula Block section 134 property redress schedule regional council Schedule 2 Registrar-General section 4 representative entity
a: the trustees of Te Rūnanga o NgāiTakoto; 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 NgāiTakoto; 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 22 resource consent section 2(1) RFR subpart 4 RFR date RFR land balance RFR land exclusive RFR land shared RFR land section 153 RFR period section 153 settlement date statutory acknowledgement section 106 Te Aupouri Te Rūnanga Nui o Te Aupouri Trust sections 12 13 Te Hiku o Te Ika iwi
a: means any or all of the following:
i: NgāiTakoto:
ii: Ngāti Kuri:
iii: Te Aupouri:
iv: Te Rarawa; and
b: includes Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under—
i: subparts 2 3
ii: subpart 4 Te Hiku o Te Ika iwi governance entities governance entities
a: mean the governance entity of any or all of the following:
i: NgāiTakoto:
ii: Ngāti Kuri:
iii: Te Aupouri:
iv: Te Rarawa; and
b: include the governance entity of Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under—
i: subparts 2 3
ii: subpart 4 Te Manawa O Ngāti Kuri Trust section 12 Te Rarawa Te Rūnanga o Te Rarawa sections 12 13 Te Rūnanga o NgāiTakoto tikanga trustees of Te Rūnanga o NgāiTakoto 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 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 NgāiTakoto
1: In this Act, NgāiTakoto
a: means the collective group composed of individuals who are descended from an ancestor of NgāiTakoto; and
b: includes those individuals; and
c: includes any whānau, hapū, or group to the extent that it is composed of those individuals.
2: In this section and section 14 ancestor of NgāiTakoto
a: exercised customary rights by virtue of being descended from—
i: Tuwhakatere; or
ii: any other recognised ancestor of a group referred to in part 1.4 and section 11.10.2 of the deed of settlement; and
b: exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840 customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources descended
a: birth; or
b: legal adoption; or
c: Māori customary adoption in accordance with NgāiTakoto tikanga.
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 NgāiTakoto 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 te Tiriti o Waitangi/the Treaty of Waitangi
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 NgāiTakoto or a representative entity, including each of the following claims, to the extent that subsection (2) applies to Wai 613 (Ngaitakoto-a-Iwi claim); and
b: any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to NgāiTakoto or a representative entity:
i: Wai 22 (Muriwhenua Fisheries and SOE claim):
ii: Wai 45 (Muriwhenua Land claim):
iii: Wai 861 (Tai Tokerau District Māori Council Lands):
iv: Wai 913 (Kareponia 1A5C2B Block (Northland claim)):
v: Wai 1359 (Muriwhenua Land Blocks claim):
vi: Wai 1662 (Muriwhenua Hapū Collective claim):
vii: Wai 1980 (Parengarenga 3G Block claim).
4: However, the historical claims do not include—
a: a claim that a member of NgāiTakoto, or a whānau, hapū, or group referred to in section 13(1)(c)
b: a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).
5: A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date. 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: 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 Part Parts 2 3
d: the redress provided under the deed of settlement or this Part Parts 2 3
5: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Part Parts 2 3 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 NgāiTakoto Claims Settlement Act 2015 section 15(4) and (5) 2015-09-23 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 a deferred selection property on and from the date of its transfer to the trustees; or
d: to the exclusive RFR land or the shared RFR land on and from the RFR date for the land; or
e: for the benefit of NgāiTakoto 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: a deferred selection 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—
a: the settlement date, for a cultural redress property or a commercial redress property; or
b: the date of transfer of the property to the trustees, for a deferred selection property; or
c: the RFR date applying to—
i: the exclusive RFR land:
ii: the shared RFR land.
3: Each certificate must state that it is issued under this section.
4: As soon as is reasonably practicable after receiving a certificate, the Registrar-General must—
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: Te Rūnanga o NgāiTakoto 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 Te Rūnanga o NgāiTakoto 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.
21: Provisions of other Acts that have same effect
If a provision in this Act has the same effect as a provision in 1 or more of the Ngāti Kuri Claims Settlement Act 2015 Te Aupouri Claims Settlement Act 2015 Te Rarawa Claims Settlement Act 2015
2: Cultural redress
1: Vesting of cultural redress properties
22: Interpretation
In this subpart,— Crown stratum
a: the water of a lake; and
b: the air above the water cultural redress property Schedule 1 Properties vested in fee simple
a: Hukatere site A:
b: Kaimaumau Marae property:
c: Waipapakauri Papakainga property: Properties vested in fee simple to be administered as reserves
d: Mai i Waikanae ki Waikoropūpūnoa ( Beach site A
e: Mai i Hukatere ki Waimahuru ( Beach site B
f: Mai i Ngāpae ki Waimoho ( Beach site C
g: Mai i Waimimiha ki Ngāpae ( Beach site D
h: Waipapakauri Beach property:
i: Wharemaru / East Beach property: Properties vested in fee simple subject to conservation covenant
j: Lake Tangonge site A:
k: Tangonge property: Lake and lakebed properties vested in fee simple
l: Bed of Lake Ngatu:
m: Lake Katavich:
n: Lake Ngakapua:
o: Lake Rotokawau:
p: Lake Waiparera joint management body section 52 jointly vested property lake
a: the space occupied from time to time by the waters of the lake at their highest level without overflowing its banks; and
b: the airspace above the water; and
c: the bed below the water lake property reserve property Properties vested in fee simple
23: Hukatere site A
1: Hukatere site A ceases to be Crown forest land under the Crown Forest Assets Act 1989
2: The fee simple estate in Hukatere site A vests in the trustees.
24: Kaimaumau Marae property
1: The Kaimaumau Marae property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Kaimaumau Marae property vests in the trustees.
25: Waipapakauri Papakainga property
1: The Waipapakauri Papakainga property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Waipapakauri Papakainga property vests in the trustees. Properties vested in fee simple to be administered as reserves
26: Mai i Waikanae ki Waikoropūpūnoa
1: Any part of Beach site A that is a conservation area under the Conservation Act 1987
2: Any part of Beach site A that is Crown forest land under the Crown Forest Assets Act 1989
3: The fee simple estate in Beach site A vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 35
c: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 35
d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 46
4: Beach site A is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
5: The reserve is named Mai i Waikanae ki Waikoropūpūnoa Scenic Reserve.
6: The joint management body established by section 52 Reserves Act 1977
7: Subsection (6) continues to apply despite any subsequent transfer under section 53
27: Mai i Hukatere ki Waimahuru
1: Any part of Beach site B that is a conservation area under the Conservation Act 1987
2: Any part of Beach site B that is Crown forest land under the Crown Forest Assets Act 1989
3: The fee simple estate in Beach site B vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 36
c: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 36
d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 47
4: Beach site B is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
5: The reserve is named Mai i Hukatere ki Waimahuru Scenic Reserve.
6: The joint management body established by section 52 Reserves Act 1977 section 26
7: Subsection (6) continues to apply despite any subsequent transfer under section 53
28: Mai i Ngāpae ki Waimoho
1: Any part of Beach site C that is a conservation area under the Conservation Act 1987
2: Any part of Beach site C that is Crown forest land under the Crown Forest Assets Act 1989
3: The fee simple estate in Beach site C vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 37
c: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 37
d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 48
4: Beach site C is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
5: The reserve is named Mai i Ngāpae ki Waimoho Scenic Reserve.
6: The joint management body established by section 52 Reserves Act 1977 section 26
7: Subsection (6) continues to apply despite any subsequent transfer under section 53
29: Mai i Waimimiha ki Ngāpae
1: Beach site D ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Beach site D vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 38
c: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 38
d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 49
3: Beach site D is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Mai i Waimimiha ki Ngāpae Scenic Reserve.
5: The joint management body established by section 52 Reserves Act 1977
6: Subsection (5) continues to apply despite any subsequent transfer under section 53
30: Application of Crown forestry licence
1: Subsection (2) applies to each of Beach sites A, B, and C ( Beach site
2: As long as a Crown forestry licence applies to a Beach site, the provisions of the licence prevail despite—
a: the vesting of the Beach site as a scenic reserve subject to the Reserves Act 1977
b: administration of the site by the joint management body established under section 52
3: Subsection (4) applies to a Beach site if the property is no longer subject to a Crown forestry licence.
4: The owners of a Beach site may grant right of way easements over that site to the owners of the Peninsula Block in favour of the Peninsula Block.
5: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
6: The permission of a council under section 348
31: Waipapakauri Beach property
1: The Waipapakauri Beach property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Waipapakauri Beach property vests in the trustees.
3: The Waipapakauri Beach property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Waipapakauri Beach Scenic Reserve.
5: Subsections (1) to (4) do not take effect until the trustees have provided—
a: the registered proprietors of the land contained in computer freehold register NA78D/973 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule; and
b: the registered proprietors of the land contained in computer freehold register NA78D/974 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule; and
c: the registered proprietors of the land contained in computer freehold register NA78D/975 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule; and
d: the registered proprietors of the land contained in computer freehold registers NA77D/959 and NA77D/760 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule; and
e: the registered proprietors of the land contained in computer freehold register NA77D/961 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule; and
f: the registered proprietors of the land contained in computer freehold register NA77D/962 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule; and
g: the registered proprietors of the land contained in computer freehold register NA77D/963 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule.
6: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
32: Wharemaru / East Beach property
1: The Wharemaru / East Beach property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Wharemaru / East Beach property vests in the trustees.
3: The Wharemaru / East Beach property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Wharemaru / East Beach Scenic Reserve.
5: Despite the trustees being the administering body of the Wharemaru / East Beach Scenic Reserve, the Minister of Conservation is—
a: a fire authority for the Wharemaru / East Beach property for the purposes of the Forest and Rural Fires Act 1977
b: the occupier of the Wharemaru / East Beach property for the purposes of pest control under the Biosecurity Act 1993 Properties vested in fee simple subject to conservation covenant
33: Lake Tangonge site A
1: Lake Tangonge site A ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Lake Tangonge site A vests as undivided half shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 51
3: Subsections (1) and (2) do not take effect until the trustees referred to in subsection (2) have jointly provided the Crown with a registrable covenant in relation to Lake Tangonge site A on the terms and conditions set out in part 6.1 of the documents schedule.
4: The covenant is to be treated as a conservation covenant for the purposes of—
a: section 27
b: section 77
34: Tangonge property
1: The fee simple estate in the Tangonge property vests as undivided half shares in the specified groups of trustees as tenants in common as follows:
a: a share vests in the trustees under this section; and
b: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 54
2: Subsection (1) does not take effect until the trustees referred to in subsection (1) have jointly provided—
a: the Crown with a registrable covenant in relation to the Tangonge property on the terms and conditions set out in part 6.2 of the documents schedule; and
b: the trustees of Te Rūnanga o Te Rarawa with a registrable right of way easement on the terms and conditions set out in part 6.3 of the documents schedule.
3: The covenant is to be treated as a conservation covenant for the purposes of section 77 Lake and lakebed properties vested in fee simple
35: Bed of Lake Ngatu
1: The reservation of the bed of Lake Ngatu (being part of Lake Ngatu Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the bed of Lake Ngatu vests in the trustees.
3: The bed of Lake Ngatu is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Bed of Lake Ngatu Recreation Reserve.
5: To avoid doubt, the vesting under subsection (2) does not give any rights to, or impose any obligations on, the trustees in relation to—
a: the waters of the lake; or
b: the aquatic life of the lake (other than the plants attached to the bed of the lake).
6: To the extent that the bed of Lake Ngatu has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.
36: Lake Ngatu Recreation Reserve
The Crown stratum above the bed of Lake Ngatu continues to be a reserve and classified as a recreation reserve subject to section 17
37: Lake Katavich
1: The fee simple estate in Lake Katavich vests in the trustees.
2: Lake Katavich is not rateable under the Local Government (Rating) Act 2002 section 9
3: Section 41
4: To the extent that Lake Katavich has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.
38: Lake Ngakapua
1: The fee simple estate in Lake Ngakapua vests in the trustees.
2: Lake Ngakapua is not rateable under the Local Government (Rating) Act 2002 section 9
3: Section 41
4: To the extent that Lake Ngakapua has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.
39: Lake Rotokawau
1: The fee simple estate in Lake Rotokawau vests in the trustees.
2: Lake Rotokawau is not rateable under the Local Government (Rating) Act 2002 section 9
3: Section 41
4: To the extent that Lake Rotokawau has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.
40: Lake Waiparera
1: The fee simple estate in Lake Waiparera vests in the trustees.
2: Lake Waiparera is not rateable under the Local Government (Rating) Act 2002 section 9
3: Section 41
4: To the extent that Lake Waiparera has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.
41: Effect of vesting of lake properties
1: The vesting of a lake property by sections 37 to 40 lake
2: Members of the public may carry out any lawful recreational activities in or on a lake without interference by or on behalf of the trustees.
3: In this section, recreational activity
a: includes swimming, boating, waterskiing, fishing, and duck shooting; but
b: does not include an activity—
i: that is unlawful under any enactment or that must be carried out in accordance with an enactment; or
ii: for which members of the public are required by or under any enactment to hold a licence or permit authorising the activity, unless the activity is carried out under and in accordance with the necessary licence or permit; or
iii: that involves attaching a fixture to a lake property or that carries a risk of significant adverse effect to a lake.
4: The vesting of a lake property does not give the trustees any rights or impose any obligations in relation to—
a: the waters of a lake; or
b: the aquatic life of a lake (other than plants attached to the bed of the lake). General provisions applying to vesting of cultural redress properties
42: Properties vest subject to or together with interests
Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 1
43: Interests in land for certain reserve properties
1: This section applies to each of Beach sites A, B, C, and D while the property has an administering body that is treated as if the property were vested in it.
2: This section applies to all or the part of the reserve property that remains a 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 1
a: the registered proprietor of the property is the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is subject to a Crown forestry licence; but
b: the interest applies as if the administering body were the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is not subject to a Crown forestry licence.
4: For the purposes of registering any interest in land that affects the reserve land,—
a: if the reserve land is subject to a Crown forestry licence, the registered proprietor of the property is the grantor, or the grantee, as the case may be, of that interest:
b: if the reserve land is not subject to a Crown forestry licence, the interest must be dealt with as if the administering body were the registered proprietor of the reserve land.
5: Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 53
44: Interests that are not interests in land
1: This section applies if a cultural redress property is subject to an interest (other than an interest in land) listed for the property in Schedule 1
2: The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property.
3: The interest applies—
a: until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the property.
45: Vesting of share of fee simple estate in property
In sections 46 to 49
46: 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 (other than a jointly vested property), but only 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 8 of the deed of settlement.
4: Subsection (5) applies to a cultural redress property (other than a jointly vested 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.
6: For a jointly vested property (other than the Tangonge property), the Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register for an equal undivided share of the fee simple estate in the property in the names of the trustees; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
7: For the Tangonge property, 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—
i: the trustees as to an undivided half share; and
ii: the trustees of Te Rūnanga o Te Rarawa as to an undivided half share; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
8: Subsections (5), (6), and (7) are subject to the completion of any survey necessary to create a computer freehold register.
9: 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,—
i: in the case of a property that is not a jointly vested property, by the Crown and the trustees; or
ii: in the case of a jointly vested property, by the Crown, the trustees, and the trustees of any other Te Hiku o Te Ika iwi governance entity in whom the property is jointly vested.
10: In this section, authorised person
a: the chief executive of LINZ, for the following properties:
i: Hukatere site A:
ii: Lake Katavich:
iii: Lake Ngakapua:
iv: Lake Rotokawau:
v: Lake Waiparera:
b: the Secretary for Justice, for the following properties:
i: Mai i Waikanae ki Waikoropūpūnoa:
ii: Mai i Hukatere ki Waimahuru:
iii: Mai i Ngāpae ki Waimoho:
iv: Tangonge property:
c: the Director-General, for all other properties.
47: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: Section 24
3: Part 4A
a: Lake Katavich; or
b: Lake Ngakapua; or
c: Lake Rotokawau; or
d: Lake Waiparera.
4: If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24
5: Subsections (2) and (4) do not limit subsection (1).
48: Matters to be recorded on computer freehold register
1: The Registrar-General must record on the computer freehold register,—
a: for a reserve property (other than a jointly vested property),—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 47(4) 53
b: for each of the following properties, that Part 4A
i: Lake Katavich; or
ii: Lake Ngakapua; or
iii: Lake Rotokawau; or
iv: Lake Waiparera; and
c: for a jointly vested reserve property to which section 46(6)
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 43(4) 47(4) 53
d: for any other cultural redress property, that the land is subject to Part 4A
2: A notification made under subsection (1) that land is subject to Part 4A section 24D(1)
3: For a reserve property (other than a jointly vested property), if the reservation of the property under this subpart is revoked for—
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that—
i: section 24
ii: the property is subject to sections 47(4) 53
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 jointly vested reserve property, if the reservation of the property under this subpart is revoked for—
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from any computer freehold register created under section 46
i: section 24
ii: the property is subject to sections 43(4) 47(4) 53
b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on any computer freehold register, created under section 46
5: The Registrar-General must comply with an application received in accordance with subsection (3)(a) or (4)(a), as relevant.
49: 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.
50: 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
51: Application of other enactments to reserve properties
1: The trustees are the administering body of a reserve property, except as provided for in sections 26 to 29
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)
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)
52: Joint management body for Beach sites A, B, C, and D
1: A joint management body is established for Beach sites A, B, C, and D.
2: The following are appointers for the purposes of this section:
a: the trustees; and
b: the trustees of the Te Manawa O Ngāti Kuri Trust; and
c: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and
d: the trustees of Te Rūnanga o Te Rarawa.
3: Each appointer may appoint 2 members to the joint management body.
4: A member is appointed only if the appointer gives written notice with the following details to the other appointers:
a: the full name, address, and other contact details of the member; and
b: the date on which the appointment takes effect, which must be no earlier 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 section 30
8: However, the first meeting of the body must be held not later than 2 months after the settlement date.
9: Section 41
10: A failure of an appointer to comply with subsection (4) does not invalidate the establishment of the joint management body or its actions or decisions.
53: 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 in a jointly vested property may be transferred only in accordance with section 55
3: The fee simple estate in the reserve land in any other property may be transferred only in accordance with section 54 55
4: In this section and sections 54 to 56 reserve land
54: 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: The Registrar-General must, on receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.
4: 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: any other document required for the registration of the transfer instrument.
5: The new owners, from the time of their registration under this section,—
a: are the administering body of the reserve land; and
b: hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
6: A transfer that complies with this section need not comply with any other requirements.
55: 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 any 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.
56: Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
57: 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
2: Te Oneroa-a-Tohe Board
Interpretation
58: Interpretation
In this subpart and Schedule 2 accredited section 2(1) appointers section 62(1) or (2)(c) and (d) beach management agencies beach management plan section 70 Beach sites A, B, C, and D section 22 Central and South Conservation Areas and Ninety Mile Beach Marginal Strip commissioners section 67 Community Board section 19R sections 19H 19J Council Councils iwi appointer
a: means a governance entity referred to in section 62(1)(a) to (d)
b: if section 63(5) local government legislation
a: the Local Authorities (Members' Interests) Act 1968
b: the Local Government Act 2002
c: the Local Government Act 1974
d: the Local Government Official Information and Meetings Act 1987 marine and coastal area section 9(1) panel section 67 RMA planning document
a: means a regional policy statement, regional plan, or district plan within the meanings given in section 43AA
b: includes a proposed plan within the meaning of section 43AAC of that Act Te Oneroa-a-Tohe Board Board section 60(1) Te Oneroa-a-Tohe management area
a: the marine and coastal area; and
b: Beach sites A, B, C, and D vested under subpart 1
c: the Central and South Conservation Areas and Ninety Mile Beach Marginal Strip (to the extent that section 59
d: any other area adjacent to, or that is within the vicinity of, the areas identified in paragraphs (a) and (b), with the agreement of—
i: the Board; and
ii: the owner or administrator of the land Te Oneroa-a-Tohe redress Removal of conservation area status
59: Status of Central and South Conservation Areas and Ninety Mile Beach Marginal Strip
Any part of the Central and South Conservation Areas and Ninety Mile Beach Marginal Strip that is situated below the mark of mean high-water springs—
a: ceases to be a conservation area under the Conservation Act 1987
b: is part of the common marine and coastal area. Establishment, status, purpose, and membership of Board
60: Establishment and status of Board
1: The Te Oneroa-a-Tohe Board is established as a statutory body.
2: Despite Schedule 7
a: is a permanent committee; and
b: must not be discharged without the agreement of all the appointers.
3: Despite the membership of the Board provided for by section 62 clause 30(1)(b)
4: Each member of the Board must—
a: act in a manner that will achieve the purpose of the Board; and
b: without limiting paragraph (a), comply with the terms of appointment issued by the relevant appointer.
5: Part 1
61: Purpose of Board
The purpose of the Board is to provide governance and direction to all those who have a role in, or responsibility for, the Te Oneroa-a-Tohe management area, in order to protect and enhance environmental, economic, social, cultural, and spiritual well-being within that area for the benefit of present and future generations.
62: Appointment of members of Board
1: The Board consists of 8 members appointed as follows:
a: 1 member appointed by the trustees:
b: 1 member appointed by the trustees of the Te Manawa O Ngāti Kuri Trust:
c: 1 member appointed by the trustees of the Te Rūnanga Nui o Te Aupouri Trust:
d: 1 member appointed by the trustees of Te Rūnanga o Te Rarawa:
e: 2 members appointed by the Northland Regional Council, being councillors holding office:
f: 2 members appointed by the Far North District Council, being the mayor and a councillor holding office.
2: If the Minister gives notice under section 63(4)
a: 4 members appointed by the iwi appointers referred to in subsection (1)(a) to (d); and
b: 1 member appointed by the mandated representatives of Ngāti Kahu (or its governance entity if there is one); and
c: 4 members appointed as provided for in subsection (1)(e) and (f); and
d: 1 member appointed by the Community Board (but who may not necessarily be a member of the Community Board).
3: An iwi appointer must be satisfied, before making an appointment, that the person appointed has the mana, skills, knowledge, and experience to—
a: participate effectively in carrying out the functions of the Board; and
b: contribute to achieving the purpose of the Board.
4: The Councils (and, if relevant, the Community Board) must be satisfied, before making an appointment, that each person they appoint has the skills, knowledge, and experience to—
a: participate effectively in carrying out the functions of the Board; and
b: contribute to achieving the purpose of the Board.
5: If the person appointed by the Community Board is not an elected member of that board, the person must have sufficient standing in the community to enable that person to meet the requirements of subsection (4).
6: Appointers must, when making any appointments after the initial appointments, have regard to the skills, knowledge, and experience of the existing members to ensure that collectively the membership of the Board reflects a balanced mix of the skills, knowledge, and experience relevant to the purpose of the Board.
7: Members of the Board, other than those appointed by a Council, are not also members of a Council by virtue of their membership of the Board.
63: Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress
1: On the settlement date, the Minister must give written notice to the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one), inviting Ngāti Kahu to participate in Te Oneroa-a-Tohe redress under this subpart on an interim basis.
2: The notice must specify the conditions—
a: that must be satisfied before Ngāti Kahu may participate in Te Oneroa-a-Tohe redress on an interim basis, including a condition that a person may represent Ngāti Kahu on the Board only if that person is appointed to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
b: that must apply to the continuing participation of Ngāti Kahu, including a condition that the person referred to in paragraph (a) must continue to be approved as the appointee to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one).
3: The mandated representatives of Ngāti Kahu (or their governance entity if there is one) must, within 30 working days of receiving notice under subsection (1), give written notice to the Minister as to whether Ngāti Kahu elects to participate in the Te Oneroa-a-Tohe redress on an interim basis.
4: If the Minister is satisfied that Ngāti Kahu meets the conditions specified under subsection (2), the Minister must give written notice, stating the date on and from which Ngāti Kahu will participate in the Te Oneroa-a-Tohe redress on an interim basis, to—
a: the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity, if there is one); and
b: each of the iwi appointers referred to in section 62(1)(a) to (d)
5: If Ngāti Kahu breach the specified conditions, the Minister may give notice in writing to revoke the interim participation of Ngāti Kahu, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)—
a: reasonable notice of the breach; and
b: a reasonable opportunity to remedy the breach.
6: The interim participation of Ngāti Kahu ceases on the settlement date specified in the settlement legislation for Ngāti Kahu.
7: In this section, Minister Functions and powers of Board
64: Functions and powers of Board
1: The primary function of the Board is to achieve the purpose of the Board.
2: In achieving the purpose of the Board, the Board must operate in a manner that—
a: is consistent with tikanga Māori; and
b: acknowledges the authority and responsibilities of the Councils and of Te Hiku o Te Ika iwi respectively; and
c: acknowledges the shared aspirations of Te Hiku o Te Ika iwi and the Councils, as reflected in the shared principles.
3: In addition to the primary function of the Board, its other functions are—
a: to prepare and approve a beach management plan that identifies the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and
b: in respect of the health and well-being of the Te Oneroa-a-Tohe management area, to engage with, seek the advice of, and provide advice to,—
i: Te Hiku o Te Ika iwi; and
ii: the Councils; and
iii: any relevant beach management agencies; and
c: to monitor activities in, and the state of, the Te Oneroa-a-Tohe management area; and
d: to monitor the extent to which the Board is achieving its purpose, and the implementation and effectiveness of the beach management plan; and
e: to display leadership and undertake advocacy, including liaising with the community, in order to promote recognition of the unique significance of Te Oneroa-a-Tohe me Te Ara Wairua, the spiritual pathway to Hawaiiki between the living and the dead; and
f: to appoint commissioners to panels for the purpose of hearing and determining resource consent applications that relate, in whole or in part, to the Te Oneroa-a-Tohe management area; and
g: to engage and work collaboratively with the joint management body established under section 52
h: to take any other action that the Board considers is appropriate to achieving the purpose of the Board.
4: The Board may determine, in any particular circumstance,—
a: whether to perform the functions identified in subsection (3)(b) to (h); and
b: how, and to what extent, to perform any of those functions.
5: The Board has the powers reasonably necessary to carry out its functions in a manner that is consistent with—
a: this subpart; and
b: subject to paragraph (a), the relevant provisions in the local government legislation.
65: Power of Board to make requests to beach management agencies
1: The Board may make a reasonable request in writing to a relevant beach management agency for the provision of—
a: information or advice to the Board on matters relevant to the Board's functions; and
b: a representative of the agency to attend a meeting of the Board.
2: The Board must—
a: give notice to a beach management agency under subsection (1)(b) not less than 10 working days before the meeting; and
b: provide an agenda for the meeting with the request.
3: If it is reasonably practicable to do so, a beach management agency that receives a request from the Board must—
a: provide the information or advice; and
b: comply with a request made under subsection (1)(b) by appointing a person whom it considers appropriate to attend at least 4 meetings in a calendar year (although the person may attend more than 4 meetings).
4: In addition, the Board may request any other person or entity to—
a: provide specified information to the Board:
b: attend a meeting of the Board. Resource consent applications
66: Criteria for appointment of commissioners
1: Te Hiku o Te Ika iwi and the Councils must—
a: develop criteria to guide the Board in appointing commissioners to hear and determine applications lodged under the Resource Management Act 1991
b: in accordance with those criteria, compile a list of accredited persons approved to be commissioners to hear and determine resource consent applications relating, in whole or in part, to the Te Oneroa-a-Tohe management area.
2: The duties under subsection (1) must be completed not later than the settlement date.
3: The Board must keep the list of commissioners under review and up to date.
67: Procedure for appointing hearing panel
1: If a Council intends to appoint a panel to hear and determine a resource consent application that relates to the Te Oneroa-a-Tohe management area, the Council concerned must give notice in writing to the Board of that intention.
2: Not later than 15 working days after the notice is received, the members of the Board appointed by the iwi appointers under section 62 63 section 66(1)(b)
3: The members of the Board appointed by the Council to which the resource consent application is made must appoint—
a: up to half of the members of the panel from the list of commissioners compiled under section 66(1)(b)
b: 1 of the commissioners appointed to the panel to be the chairperson of the panel.
4: The Board may, by notice in writing to the Council concerned, waive its rights to make appointments under subsection (2) or (3).
5: If the members of the Board appointed by the iwi appointers have not appointed commissioners as required by subsection (2), the Council concerned must, from the same list of commissioners, appoint commissioners who would otherwise have been appointed under subsection (2).
68: Obligation of Councils
Each Council must provide to the Board copies or summaries of resource consent applications that each receives and that relate—
a: wholly or in part to the Te Oneroa-a-Tohe management area; or
b: to an area that is adjacent to or directly affects the Te Oneroa-a-Tohe management area.
69: Obligation of Board
The Board must provide guidelines to the Councils as to the information that is required under section 68
a: whether the Board requires copies or summaries of resource consent applications, and when those copies or summaries are required; and
b: whether there are certain types of applications that the Board does not require. Beach management plan
70: Preparation and approval of beach management plan
1: The Board must prepare and approve a beach management plan as required by section 64(3)(a) Part 2
2: However, a subcommittee of the Board must prepare and approve the part of the beach management plan that relates to Beach sites A, B, C, and D.
3: The members of the Board appointed by the iwi appointers and referred to in section 62(1)(a) to (d)
71: Purpose and contents of beach management plan
1: The purpose of the beach management plan is to—
a: identify the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and
b: provide direction to persons authorised to make decisions in relation to the Te Oneroa-a-Tohe management area; and
c: express the Board's aspirations for the care and management of the Te Oneroa-a-Tohe management area, in particular, in relation to the following matters ( priority matters
i: protecting and preserving the Te Oneroa-a-Tohe management area from inappropriate use and development and ensuring that the resources of the Te Oneroa-a-Tohe management area are preserved and enhanced for present and future generations; and
ii: recognising the importance of the resources of the Te Oneroa-a-Tohe management area for Te Hiku o Te Ika iwi and ensuring the continuing access of Te Hiku o Te Ika iwi to their mahinga kai; and
iii: recognising and providing for the spiritual, cultural, and historical relationship of Te Hiku o Te Ika iwi with the Te Oneroa-a-Tohe management area.
2: The part of the beach management plan that relates to Beach sites A, B, C, and D—
a: must provide for the matters set out in section 41(3)
b: is deemed to be a management plan for the purposes of that provision.
3: The beach management plan may include any other matters that the Board considers relevant to the purposes of the beach management plan. Effect of beach management plan on specified planning documents
72: Effect of beach management plan on RMA planning documents
1: Each time a Council prepares, reviews, varies, or changes an RMA planning document relating to the whole or a part of the Te Oneroa-a-Tohe management area, the Council must recognise and provide for the vision, objectives, and desired outcomes identified in the beach management plan under section 71(1)(a)
2: When a Council is determining an application for a resource consent that relates to the Te Oneroa-a-Tohe management area, the Council must have regard to the beach management plan until the obligation under subsection (1) is complied with.
3: The obligations under this section apply only to the extent that—
a: the contents of the beach management plan relate to the resource management issues of the district or region; and
b: those obligations are able to be carried out consistently with the purpose of the Resource Management Act 1991
4: This section does not limit the provisions of Part 5 Schedule 1
73: Effect of beach management plan on conservation documents
1: Each time a conservation management strategy relating to the whole or a part of the Te Oneroa-a-Tohe management area is prepared under subpart 3 section 71(1)(a)
2: The person or body responsible for preparing, approving, reviewing, or amending a conservation management plan under Part 3A
3: The obligations under this section apply only to the extent that—
a: the vision, objectives, and desired outcomes identified in the beach management plan relate to the conservation issues of the Te Oneroa-a-Tohe management area; and
b: those obligations are able to be carried out consistently with the purpose of the Conservation Act 1987
4: This section does not limit the provisions of Part 3A
74: Effect of beach management plan on local government decision making
The Councils must take the beach management plan into account when making decisions under the Local Government Act 2002 Application of other Acts
75: Application of other Acts to Board
1: To the extent that they are relevant to the purpose and functions of the Board under this Act, the provisions of the following Acts apply to the Board, with the necessary modifications, unless otherwise provided in this subpart or Schedule 2
a: the Local Authorities (Members' Interests) Act 1968
b: the Local Government Act 1974
c: the Local Government Act 2002
d: the Local Government Official Information and Meetings Act 1987
2: Clause 31(1)
3: Clauses 23(3)(b) 24 26(3) and (4) 27 30(2), (3), (5), and (7) 31(2) and (6)
4: Clauses 19 20 22
a: the references to a local authority being read as references to the Board; and
b: the reference in clause 19(5)
5: To the extent that the rest of Schedule 7
a: a local authority being read as references to the Board; and
b: a member of a committee of a local authority being read as references to the persons appointed by the persons or bodies specified in section 62
3: Korowai
76: Interpretation
In this subpart and Schedule 3 Conservation Authority Authority section 6A conservation land conservation legislation Conservation Act 1987 Schedule 1 conservation protected area
a: a conservation area under the Conservation Act 1987
b: a reserve administered by the Department of Conservation under the Reserves Act 1977
c: a wildlife refuge, wildlife sanctuary, or wildlife management reserve under the Wildlife Act 1953 contact person customary materials plan section 102 Part 3 customary taking dead protected animal
a: means the dead body or part of the dead body of an animal protected under the conservation legislation; but
b: does not include the body or part of the body of a dead marine mammal draft document CMS section 85 korowai area
a: means the land administered by the Department of Conservation, as shown on the plan included as Appendix 3 to part 6 of the deed of settlement; and
b: includes—
i: any additional land, if its inclusion is agreed by the Crown, Te Hiku o Te Ika iwi, and any other relevant neighbouring iwi; and
ii: if the conservation legislation applies to land or resources not within the area specified in paragraph (a) or this paragraph, that land and those resources, but only for the korowai; and
iii: the common marine and coastal area adjacent to the land referred to in paragraph (a) or this paragraph, but only for the purposes of the korowai Minister Ngāti Kahu area of interest section 81 nominator
a: means an entity with responsibility for nominating a member of the Conservation Board under section 80(1)(a)
b: if section 80(2) Northland CMS
a: the Te Hiku CMS described in section 82(a)
b: the CMS described in section 82(b) parties
a: Te Hiku o Te Ika iwi acting collectively through their representatives; and
b: the Director-General plant section 2(1) plant material relationship agreement representatives
a: the Te Hiku CMS; and
b: the customary materials plan; and
c: the relationship agreement Te Hiku o Te Ika Conservation Board Conservation Board section 78 Te Hiku o Te Ika conservation management strategy Te Hiku CMS Te Rerenga Wairua Reserve wāhi tapu framework section 103 wāhi tapu management plan Part 4 Overview of, and background to, korowai redress
77: Overview and background
1: The provisions of this subpart, Schedule 3
a: the Te Hiku o Te Ika Conservation Board; and
b: the Te Hiku o Te Ika conservation management strategy; and
c: a customary materials plan, wāhi tapu framework, and relationship agreement.
2: Ngāti Kuri, Te Aupouri, NgāiTakoto, Te Rarawa, and the Crown are committed under the korowai to establishing, maintaining, and strengthening their positive, co-operative, and enduring relationships, guided by the following principles: Relationship principles
a: giving effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi
b: respecting the autonomy of each party and its individual mandate, role, and responsibility:
c: actively working together using shared knowledge and expertise:
d: co-operating in partnership in a spirit of good faith, integrity, honesty, transparency, and accountability:
e: engaging early on issues of known interest to any of the parties:
f: enabling and supporting the use of te reo Māori and tikanga Māori:
g: acknowledging that the parties' relationship is evolving: Conservation principles
h: promoting and supporting conservation values:
i: ensuring public access to conservation land:
j: acknowledging the Kaupapa Tuku Iho ( inherited values
k: supporting a conservation ethos by—
i: integrating an indigenous perspective; and
ii: enhancing a national identity:
l: recognising and acknowledging the role and value of the cultural practices of local hapū in conservation management:
m: recognising the full range of public interests in conservation land and taonga. Te Hiku o Te Ika Conservation Board established
78: Establishment of Te Hiku o Te Ika Conservation Board
1: Te Hiku o Te Ika Conservation Board is established, and is to be treated as established, under section 6L(1)
2: On and from the settlement date, the Conservation Board established by this section—
a: is a Conservation Board under the Conservation Act 1987
b: must carry out, in the korowai area, the functions specified in section 6M
c: has the powers conferred by section 6N
3: In this subpart, the Conservation Act 1987 clause 2
79: Role and jurisdiction of Northland Conservation Board to cease
On and from the settlement date, the Northland Conservation Board set up under Part 2A Constitution of Te Hiku o Te Ika Conservation Board
80: Appointment of members of Te Hiku o Te Ika Conservation Board
1: Te Hiku o Te Ika Conservation Board consists of—
a: 4 members appointed by the Minister of Conservation as follows:
i: 1 member, on the nomination of the trustees; and
ii: 1 member, on the nomination of the trustees of the Te Manawa O Ngāti Kuri Trust; and
iii: 1 member, on the nomination of the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and
iv: 1 member, on the nomination of the trustees of Te Rūnanga o Te Rarawa; and
b: 4 members appointed by the Minister.
2: If the Ministers give notice under section 81(3)
a: 4 members appointed by the Minister on the nomination of the nominators referred to in subsection (1)(a); and
b: 1 member appointed by the Minister on the nomination of the mandated representatives of Ngāti Kahu (or if there is one, the Ngāti Kahu governance entity); and
c: 5 members appointed by the Minister.
3: Further provisions concerning the Conservation Board are set out in Part 1
81: Interim participation of Ngāti Kahu on Conservation Board
1: On the settlement date, the Minister for Treaty of Waitangi Negotiations and the Minister of Conservation (the Ministers
2: The notice must specify the conditions—
a: that must be satisfied before Ngāti Kahu may participate in the Conservation Board on an interim basis, including conditions that—
i: a person may represent Ngāti Kahu on the Conservation Board only if that person is appointed to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
ii: the person appointed to the Conservation Board to represent Ngāti Kahu must agree to participate on the Conservation Board only in relation to those parts of the korowai area wholly within the Ngāti Kahu area of interest; and
b: that must apply to the continuing participation of Ngāti Kahu, including conditions that—
i: a person may represent Ngāti Kahu on the Conservation Board only if that person continues to be approved as the appointee to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
ii: the person appointed to the Conservation Board to represent Ngāti Kahu must continue to participate on the Conservation Board only in relation to those parts of korowai area wholly within the Ngāti Kahu area of interest.
3: If the Ministers are satisfied that Ngāti Kahu have met the specified conditions, they must give written notice stating the date on and from which Ngāti Kahu will participate on the Conservation Board on an interim basis to—
a: the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
b: each of the nominators referred to in section 80(1)(a)
4: If Ngāti Kahu breach the specified conditions, the Ministers may give notice in writing to revoke the interim participation of Ngāti Kahu on the Conservation Board, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)—
a: reasonable notice of the breach; and
b: a reasonable opportunity to remedy the breach.
5: The interim participation of Ngāti Kahu on the Conservation Board ceases on the settlement date specified in the settlement legislation for Ngāti Kahu.
6: In this section, Ngāti Kahu area of interest
a: the Ngāti Kahu Agreement in Principle dated 17 September 2008; and
b: the Te Hiku Agreement in Principle dated 16 January 2010. Conservation management strategy
82: Northland CMS
The Northland CMS consists of—
a: one part, to be known as the Te Hiku CMS,—
i: prepared in accordance with this subpart; and
ii: applying to the korowai area in accordance with section 92
b: one part—
i: prepared by the Northland Conservation Board under the Conservation Act 1987
ii: applying in any part of Northland where the Te Hiku CMS does not apply.
83: Status, effect, and certain contents of Te Hiku CMS
1: The Te Hiku CMS—
a: is a conservation management strategy for the purposes of section 17D
b: has the same effect as if it were a conservation management strategy prepared and approved under that Act.
2: Sections 17E(8) 17F 17H 17I Conservation Act 1987
3: The Te Hiku CMS must—
a: refer to the wāhi tapu framework required by section 103
b: reflect the relationship between Te Hiku o Te Ika iwi and the wāhi tapu described in the framework; and
c: reflect the importance of those wāhi tapu being protected; and
d: acknowledge the role of the wāhi tapu management plan. Preparation of draft Te Hiku CMS
84: Preliminary agreement
1: Before the parties commence preparation of a draft Te Hiku CMS, they must develop a plan.
2: The plan must set out—
a: the principal matters to be included in the draft document; and
b: the manner in which those matters are to be dealt with; and
c: the practical steps that the parties will take to prepare and seek approval for the draft document.
85: Draft document to be prepared
1: Not later than 12 months after the settlement date, the parties must commence preparation of a draft document in consultation with—
a: the Conservation Board; and
b: any other persons or organisations that the parties agree are appropriate.
2: The parties may agree a later date to commence preparing the draft document.
3: In addition to the matters prescribed for a conservation management strategy by section 17D section 83(3)
86: Notification of draft document
1: As soon as practicable after the date on which preparation of the draft document commences under section 85
a: notify the draft document in accordance with section 49(1)
b: give notice of the draft document to the relevant local authorities.
2: The notice must—
a: state that the draft document is available for inspection at the places and times specified in the notice; and
b: invite submissions from the public, to be lodged with the Director-General before the date specified in the notice, which must be not less than 40 working days after the date of the notice.
3: The draft document must continue to be available for public inspection after the date it is notified, at the places and times specified in the notice, to encourage public participation in the development of the draft document.
4: The parties may, after consulting the Conservation Board, seek views on the draft document from any person or organisation that they consider to be appropriate.
87: Submissions
1: Any person may, before the date specified in the notice given under section 86(2)(b)
2: The Director-General must provide a copy of any submission to Te Hiku o Te Ika iwi within 5 working days of receiving the submission.
88: Hearing
1: Persons wishing to be heard must be given a reasonable opportunity to appear before a meeting of representatives of—
a: Te Hiku o Te Ika iwi; and
b: the Director-General; and
c: the Conservation Board.
2: The representatives referred to in subsection (1) may hear any other person or organisation whose views on the draft document were sought under section 86(4)
3: The hearing of submissions must be concluded not later than 2 months after the date specified in the notice given under section 87(2)(b)
4: After the conclusion of the hearing, Te Hiku o Te Ika iwi and the Director-General must jointly prepare a summary of the submissions on the draft document and any other views on it made known to them under section 86(4)
89: Revision of draft document
The parties must, after considering the submissions heard and other views received under section 86(4)
a: revise the draft document as they consider appropriate; and
b: not later than 6 months after all submissions have been heard, provide to the Conservation Board—
i: the draft document as revised; and
ii: the summary of submissions prepared under section 88(4) Approval process
90: Submission of draft document to Conservation Authority
1: After considering the draft document and the summary of submissions provided under section 89
a: may request the parties to further revise the draft document; and
b: must submit the draft document to the Conservation Authority, for its approval, together with—
i: a written statement of any matters on which the parties and the Conservation Board are not able to agree; and
ii: a copy of the summary of the submissions.
2: The Conservation Board must provide the draft document to the Conservation Authority not later than 6 months after the draft document was provided to the Conservation Board, unless the Minister directs a later date.
91: Approval of Te Hiku CMS
1: The Conservation Authority—
a: must consider the draft document and any relevant information provided to it under section 90(1)(b)
b: may consult any person or organisation that it considers appropriate, including—
i: the parties; and
ii: the Conservation Board.
2: After considering the draft document and that information, the Conservation Authority must—
a: make any amendments to the draft document that it considers necessary; and
b: provide the draft document with any amendments and other relevant information to the Minister and Te Hiku o Te Ika iwi.
3: Te Hiku o Te Ika iwi and the Minister jointly must—
a: consider the draft document provided under subsection (2)(b); and
b: return the draft document to the Conservation Authority with written recommendations that Te Hiku o Te Ika iwi and the Minister consider appropriate.
4: The Conservation Authority, after having regard to any recommendations, must—
a: make any amendments that it considers appropriate and approve the draft document; or
b: return the draft document to Te Hiku o Te Ika iwi and the Minister for further consideration under subsection (3), with any new information that the Authority wishes them to consider, before the draft document is amended, if appropriate, and approved.
92: Effect of approval of Te Hiku CMS
On and from the day that the draft document is approved under section 91
a: the Te Hiku CMS applies, with any necessary modification, in the korowai area; and
b: the part of the Northland CMS described in section 82(b) Review and amendment of Te Hiku CMS
93: Review procedure
1: The parties may initiate a review of the whole or a part of the Te Hiku CMS at any time, after consulting the Conservation Board.
2: Every review must be carried out in accordance with the process set out in sections 84 to 91
3: The parties must commence a review of the whole of the Te Hiku CMS not later than 10 years after the date of its initial or most recent approval under section 91
94: Review in relation to Ngāti Kahu area of interest
1: If the Ngāti Kahu area of interest is not covered by the Te Hiku CMS, a review may be commenced under section 93
2: Subsection (1) applies only with the agreement of the Ngāti Kahu governance entity.
3: If, as a result of a review conducted under subsection (1), the Te Hiku CMS is extended to include the Ngāti Kahu area of interest,—
a: the part of the Northland CMS described in section 82(b)
b: the Te Hiku CMS applies to that area.
4: Subsection (3) applies on and from the date on which the Te Hiku CMS, as reviewed under subsection (1), is approved.
5: A review carried out under this section must be carried out in accordance with the process set out in sections 84 to 91
95: Amendment procedure
1: At any time the parties may, after consulting the Conservation Board, initiate amendments to the whole or a part of the Te Hiku CMS.
2: Unless subsection (3) or (4) applies, amendments must be made in accordance with the process set out in sections 84 to 91
3: If the parties consider that the proposed amendments would not materially affect the policies, objectives, or outcomes of the Te Hiku CMS or the public interest in the relevant conservation matters,—
a: the parties must send the proposed amendments to the Conservation Board; and
b: the proposed amendments must be dealt with in accordance with sections 90 91
4: However, if the purpose of the proposed amendments is to ensure the accuracy of the information in the Te Hiku CMS required by section 17D(7)
5: The Director-General must notify any amendments made under subsection (4) to the Conservation Board without delay. Process to be followed if disputes arise
96: Dispute resolution
1: If the parties are not able, within a reasonable time, to resolve a dispute arising at any stage in the process of preparing, approving, or amending the Te Hiku CMS under sections 84 to 95
a: give written notice to the other of the issues in dispute; and
b: require the process under this section and section 97
2: Within 15 working days of the date of the notice given under subsection (1), a representative of the Director-General with responsibilities within the area covered by the Te Hiku CMS must meet in good faith with 1 or more representatives of Te Hiku o Te Ika iwi to seek a means to resolve the dispute.
3: If that meeting does not achieve a resolution within 20 working days of the notice being given under subsection (1), the Director-General and 1 or more representatives of Te Hiku o Te Ika iwi must meet in good faith to seek a means to resolve the dispute.
4: If the dispute has not been resolved within 30 working days of the notice being given under subsection (1), the Minister and 1 or more representatives of Te Hiku o Te Ika iwi must, if they agree, meet in good faith to seek to resolve the dispute.
5: Subsection (4) applies only if the dispute is a matter of significance to both parties.
6: A resolution reached under this section is valid only to the extent that it is not inconsistent with the legal obligations of the parties.
97: Mediation
1: If resolution is not reached within a reasonable time under section 96
2: The parties must seek to agree to appoint 1 or more persons who are to conduct a mediation or, if agreement is not reached within 15 working days of the notice being given under subsection (1), the party that gave notice must make a written request to the President of the New Zealand Law Society to appoint a mediator to assist the parties to reach a settlement of the dispute.
3: A mediator appointed under subsection (2)—
a: must be familiar with tikanga Māori and te reo Māori; and
b: must not have an interest in the outcome of the dispute; and
c: does not have the power to determine the dispute, but may give non-binding advice.
4: The parties must—
a: participate in the mediation in good faith; and
b: share the costs of a mediator appointed under this section and related expenses equally; but
c: in all other respects, meet their own costs and expenses in relation to the mediation.
98: Effect of dispute process on prescribed time limits
If, at any stage in the process of preparing, approving, or amending the Te Hiku CMS, notice is given under section 96(1)
a: the calculation of any prescribed time is stopped until the dispute is resolved; and
b: the parties must, after the dispute is resolved, resume the process of preparing, approving, or amending the Te Hiku CMS at the point where it was interrupted. Access to Conservation Authority and Minister of Conservation
99: New Zealand Conservation Authority
1: Each year, the Director-General must provide Te Hiku o Te Ika iwi with the annual schedule of meetings of the Conservation Authority.
2: If Te Hiku o Te Ika iwi wish to discuss a matter of national importance about conservation land or resources in the korowai area, they may make a request to address a scheduled meeting of the Conservation Authority.
3: A request must—
a: be in writing; and
b: set out the matter of national importance to be discussed; and
c: be given to the Conservation Authority not later than 20 working days before the date of a scheduled meeting.
4: The Conservation Authority must respond to any request not later than 10 working days before the date of the scheduled meeting, stating that Te Hiku o Te Ika iwi may attend that scheduled meeting or a subsequent scheduled meeting.
100: Minister of Conservation
1: The Minister of Conservation or the Associate Minister of Conservation must meet annually with the leaders of Te Hiku o Te Ika iwi to discuss the progress of the korowai in expressing the relationship between the Crown and Te Hiku o Te Ika iwi on conservation matters in the korowai area.
2: The place and date of the meeting must be agreed between the Office of the Minister of Conservation and the contact person nominated by Te Hiku o Te Ika iwi.
3: Prior to the date of the annual meeting, Te Hiku o Te Ika iwi must—
a: propose the agenda for the meeting; and
b: provide relevant information relating to the matters on the agenda.
4: The persons who are entitled to attend the annual meeting are—
a: Te Hiku o Te Ika iwi leaders; and
b: the Minister or Associate Minister of Conservation (or, if neither Minister is able to attend, a senior delegate appointed by the Minister, if Te Hiku o Te Ika iwi agree). Decision-making framework
101: Acknowledgement of section 4 of Conservation Act 1987
When a decision relating to the korowai area must be made under the conservation legislation that applies in the korowai area, the decision maker must,—
a: in applying section 4 te Tiriti o Waitangi/the Treaty of Waitangi
i: to the extent required by the conservation legislation; and
ii: in a manner commensurate with—
A: the nature and degree of Te Hiku o Te Ika iwi interest in the korowai area; and
B: the subject matter of the decision; and
b: comply with the provisions of Part 2 Transfer of decision-making and review functions
102: Customary materials plan
1: The parties must jointly prepare and agree a customary materials plan that covers—
a: the customary taking of plant material from conservation protected areas within the korowai area; and
b: the possession of dead protected animals found within the korowai area.
2: The first customary materials plan must be agreed not later than the settlement date.
3: Part 3
103: Wāhi tapu framework
1: The parties must work together to develop a wāhi tapu framework for the management of wāhi tapu including, if appropriate, management by the mana whenua hapū and iwi associated with the wāhi tapu.
2: Part 4
104: Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
Part 5 Relationship agreement
105: Relationship agreement
Not later than the settlement date, the Director-General and Te Hiku o Te Ika iwi must enter into a relationship agreement on the terms and conditions set out in Appendix 2 to part 6 of the deed of settlement.
4: Statutory acknowledgement and deeds of recognition
106: Interpretation
In this subpart,— relevant consent authority statement of association
a: made by NgāiTakoto of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
b: set out in part 2 of the documents schedule statutory acknowledgement section 107 statutory area Schedule 4 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
107: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
108: 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 109 to 111
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 112 113
c: to enable the trustees and any member of NgāiTakoto to cite the statutory acknowledgement as evidence of the association of NgāiTakoto with a statutory area, in accordance with section 114
109: 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
110: 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
111: 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
112: 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 107 to 111 113 114
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
113: 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
114: Use of statutory acknowledgement
1: The trustees and any member of NgāiTakoto may, as evidence of the association of NgāiTakoto 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 NgāiTakoto are precluded from stating that NgāiTakoto have an association with a statutory area that is not described in the statutory acknowledgement; and
b: the content and existence of the statutory acknowledgement do not limit any statement made. Deeds of recognition
115: Issuing and amending deeds of recognition
1: This section applies in respect of the statutory areas listed in Schedule 4
2: The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 3 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 3 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
116: 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, 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; but
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; or
iii: a tributary flowing into the river.
2: If any part of a deed of recognition applies to a river or stream, 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; but
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; or
iii: a tributary flowing into the river.
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
117: 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 NgāiTakoto 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.
118: 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
119: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 NgāiTakoto Claims Settlement Act 2015 2015-09-23 Resource Management Act 1991
5: Protocols
120: Interpretation
In this subpart,— protocol
a: means each of the following protocols issued under section 121(1)(a)
i: the taonga tūturu protocol:
ii: the fisheries protocol:
iii: the protocol with the Minister of Energy and Resources; and
b: includes any amendments made under section 121(1)(b) responsible Minister
a: for the taonga tūturu protocol, the Minister for Arts, Culture and Heritage:
b: for the fisheries protocol, the Minister for Primary Industries:
c: for the protocol with the Minister of Energy and Resources, that Minister:
d: for any protocol, any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and duties in relation to the protocol. General provisions applying to protocols
121: Issuing, amending, and cancelling protocols
1: Each responsible Minister—
a: must issue a protocol to the trustees on the terms set out in part 4 of the documents schedule; and
b: may amend or cancel that protocol.
2: The responsible Minister may amend or cancel a protocol at the initiative of—
a: the trustees; or
b: the responsible Minister.
3: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.
122: Protocols subject to rights, functions, and duties
Protocols do not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability—
i: to introduce legislation and change Government policy; and
ii: to interact with or consult a person the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of a responsible Minister or a department of State; or
c: the legal rights of NgāiTakoto or a representative entity.
123: Enforcement of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and
b: subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2). Taonga tūturu
124: Taonga tūturu protocol
1: The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
2: In this section, taonga tūturu
a: has the meaning given in section 2(1)
b: includes ngā taonga tūturu, as defined in section 2(1) Fisheries
125: Fisheries protocol
1: The chief executive of the department of State responsible for the administration of the Fisheries Act 1996
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
3: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that are held, managed, or administered under any of the following enactments:
a: the Fisheries Act 1996
b: the Maori Commercial Aquaculture Claims Settlement Act 2004
c: the Maori Fisheries Act 2004
d: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
4: In this section,— fisheries plan section 11A fisheries protocol area Crown minerals
126: Protocol with Minister of Energy and Resources
1: The chief executive of the department of State responsible for the administration of the Crown Minerals Act 1991
a: a register of protocols maintained by the chief executive; and
b: the minerals programmes that affect the protocol area, but only when those programmes are changed.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991
3: The protocol with the Minister of Energy and Resources does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals.
4: In this section,— Crown mineral section 2(1)
a: that is the property of the Crown under section 10 11
b: over which the Crown has jurisdiction under the Continental Shelf Act 1964 minerals programme section 2(1) protocol area
6: Fisheries advisory committees
127: Interpretation
In this subpart,— fisheries protocol area section 125 Minister
128: Appointment of NgāiTakoto fisheries advisory committee
1: The Minister must, not later than the settlement date, appoint the trustees to be an advisory committee under section 21(1)
2: The purpose of the NgāiTakoto fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996
3: The Minister must consider any advice given by the NgāiTakoto fisheries advisory committee.
4: In considering any advice, the Minister must recognise and provide for the customary, non-commercial interests of NgāiTakoto.
129: Appointment of joint fisheries advisory committee
1: The Minister must, on the settlement date, appoint a joint fisheries advisory committee to be an advisory committee under section 21(1)
2: Each Te Hiku o Te Ika iwi must appoint 1 person to be a member of the committee.
3: The purpose of the joint fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996
a: the fisheries protocol area; and
b: the fisheries protocol areas provided for by—
i: section 128
ii: section 130
iii: section 141
4: The Minister must consider any advice given by the joint fisheries advisory committee.
5: In considering the advice from the joint fisheries advisory committee, the Minister must recognise and provide for the customary, non-commercial interests of Te Hiku o Te Ika iwi.
6: If a Te Hiku o Te Ika iwi does not enter into a fisheries protocol with the Minister, the relevant area for the purpose of advising the Minister under subsection (3) is deemed to be the waters adjacent, or otherwise relevant, to the area of interest of that iwi (including any relevant quota management area or fishery management area within the exclusive economic zone).
7: In this section,— exclusive economic zone section 4(1) quota management area section 2(1)
7: Official geographic names
130: Interpretation
In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 official geographic name section 4
131: Official geographic names
1: A name specified in the second column of the table in clause 8.28 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.
2: Each official geographic name is to be treated as if it were an official geographic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19
132: Publication of official geographic names
1: The Board must, as soon as practicable after the settlement date, give public notice of each official geographic name specified under section 131 section 21(2) and (3)
2: The notices must state that each official geographic name became an official geographic name on the settlement date.
133: Subsequent alteration of official geographic names
1: In making a determination to alter the official geographic name of a feature named under this subpart, the Board—
a: need not comply with section 16 17 18 19(1) 20
b: must have the written consent of the trustees.
2: However, in the case of the features listed in subsection (3), the Board may alter the official geographic name only if it has the written consent of—
a: the trustees; and
b: the trustees of the Te Manawa O Ngāti Kuri Trust; and
c: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and
d: the trustees of Te Rūnanga o Te Rarawa.
3: Subsection (2) applies to—
a: Te Oneroa-a-Tōhē / Ninety Mile Beach:
b: Cape Reinga / Te Rerenga Wairua:
c: Piwhane / Spirits Bay.
4: To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3)
3: Commercial redress
134: Interpretation
In subparts 1 to 3 Aupouri Forest commercial redress property Crown forest land section 2(1) Crown forestry licence
a: has the meaning given in section 2(1)
b: in relation to the Peninsula Block and the cultural forest land properties, means the licence held in computer interest register NA100A/1 Crown forestry rental trust section 34 Crown forestry rental trust deed cultural forest land properties
a: means Beach sites A, B, and C and Hukatere site A defined as cultural redress properties in section 22
b: means Hukatere Pā, as defined in section 22
c: means Hukatere site B, as defined in section 22
d: excludes, to the extent provided for by the Crown forestry licence,—
i: all trees growing, standing, or lying on the land; and
ii: all improvements that have been—
A: acquired by any purchaser of the trees on the land; or
B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land deferred selection property joint licensor governance entities
a: the trustees; and
b: the trustees of the Te Manawa O Ngāti Kuri Trust; and
c: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and
d: the trustees of Te Rūnanga o Te Rarawa land holding agency
a: for a commercial redress property, in part 3 of the property redress schedule; or
b: for a deferred selection property, in part 4 of the property redress schedule licensee licensor Peninsula Block
a: means the licensed land (being part of the Aupouri Forest) described in table 1A of part 3 of the property redress schedule; but
b: excludes, to the extent provided for by the Crown forestry licence for the land,—
i: all trees growing, standing, or lying on the land; and
ii: all improvements that have been—
A: acquired by any purchaser of the trees on the land; or
B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land Peninsula Block settlement trust
a: for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust:
b: for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust:
c: for NgāiTakoto, Te Rūnanga o NgāiTakoto:
d: for Te Rarawa, Te Rūnanga o Te Rarawa protected site
a: is wāhi tapu or a wāhi tapu area within the meaning of section 6
b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero as defined in section 6 relevant trustees right of access section 150
1: Transfer of commercial redress properties and deferred selection properties
135: The Crown may transfer properties
1: To give effect to part 9 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 or a deferred selection property to the trustees; and
b: sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
2: Subsection (3) applies if a deferred selection property is subject to a resumptive memorial recorded under an enactment listed under section 17(2)
3: As soon as is reasonably practicable after the date on which a deferred selection property is transferred to the trustees, the chief executive of the land holding agency must give written notice of that date to the chief executive of LINZ for the purposes of section 18
136: Transfer of share of fee simple estate in property
In this subpart and subparts 2 3
137: Minister of Conservation may grant easements
1: The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a commercial redress property or deferred selection property.
2: Any easement granted under subsection (1)—
a: is enforceable in accordance with its terms, despite Part 3B
b: is to be treated as having been granted in accordance with Part 3B
c: is registrable under section 17ZA(2)
138: Computer freehold registers for commercial redress properties and deferred selection properties that are not shared redress
1: This section applies to each of the following properties that are to be transferred to the trustees (but to no other person or entity) under section 135
a: a commercial redress property:
b: a deferred selection property.
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 sections 139 to 141 authorised person
139: Computer freehold registers for shared commercial redress properties and deferred selection properties
1: This section applies to each of the following properties that are to be transferred to tenants in common under section 135
a: a commercial redress property (other than the Peninsula Block):
b: a deferred selection property.
2: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register in the name of the Crown for each undivided share of the fee simple estate in the property; and
b: record on each computer freehold register any interests that are registered, notified, or notifiable and that are described for that register in the application; and
c: omit any statement of purpose from each computer freehold register.
3: Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.
140: Computer freehold register for Peninsula Block
1: This section applies to the Peninsula Block.
2: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register in the name of the Crown for the fee simple estate in the property; 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.
3: Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.
141: Authorised person may grant covenant for later creation of computer freehold register
1: For the purposes of sections 138 to 140
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.
142: Application of other enactments
1: This section applies to the transfer to the trustees of the fee simple estate in a commercial redress property or deferred selection 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 135
7: Subsection (6) is subject to subsections (2) and (3).
143: Transfer of Kaitaia College
1: Subsection (2) applies to the deferred selection property described as Kaitaia College in table 1 of part 4 of the property redress schedule.
2: Immediately before the transfer to the trustees, the reservation of any part of the property as a government purpose reserve for education purposes subject to the Reserves Act 1977
3: Sections 24 25
144: Transfer of properties subject to lease
1: This section applies to a commercial redress property or a deferred selection property—
a: for which the land holding agency is the Ministry of Education; and
b: the ownership of which is to be transferred to the trustees; and
c: that, after the transfer, is to be subject to a lease back to the Crown.
2: Section 24
3: The transfer instrument for the transfer of the property must include a statement that the land is to become subject to section 145
4: The Registrar-General must, on the registration of the transfer of the property, record on any computer freehold register for the property that—
a: the land is subject to Part 4A section 24
b: the land is subject to section 145
5: A notification made under subsection (4) that land is subject to Part 4A section 24D(1)
145: Requirements if lease terminates or expires
1: This section applies if the lease referred to in section 144(1)(c)
2: The transfer of the property is no longer exempt from section 24
3: The registered proprietors of the property must apply in writing to the Registrar-General,—
a: if no part of the property remains subject to such a lease, to remove from the computer freehold register for the property the notifications that—
i: section 24
ii: the property is subject to this section; or
b: if only part of the property remains subject to such a lease (the leased part
i: section 24
ii: that part is subject to this section.
4: The Registrar-General must comply with an application received in accordance with subsection (3) free of charge to the applicant.
2: Licensed land
146: Peninsula Block ceases to be Crown forest land
1: The Peninsula Block ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the relevant trustees.
2: However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989
147: Relevant trustees are confirmed beneficiaries and licensors
1: The relevant trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the Peninsula Block.
2: The effect of subsection (1) is that—
a: the relevant trustees are entitled to receive the rental proceeds for the Peninsula Block payable, since the commencement of the licence, to the trustees of the Crown forestry rental trust under the Crown forestry licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the relevant trustees are the confirmed beneficiaries in relation to the Peninsula Block.
3: Despite subsection (2)(a), the trustees are entitled to receive 20% of the rental proceeds for the Aupouri Forest since the commencement of the licence.
4: The Crown must give notice under section 17(4)(b) section 8HB(1)(a)
5: Notice given under subsection (4) has effect as if—
a: the Waitangi Tribunal had made a recommendation under section 8HB(1)(a)
b: the recommendation had become final on the settlement date.
6: The relevant trustees are the licensors under the Crown forestry licence as if the Peninsula Block and the cultural forest land properties had been returned to Māori ownership—
a: on the settlement date; and
b: under section 36(1)(b)
7: However, section 36(1)(b)
148: Effect of transfer of Peninsula Block
Section 147
a: the transfer of the fee simple estate in the Peninsula Block has been registered; or
b: the processes described in clause 17.4 of the Crown forestry licence have been completed, providing a single licence for the Peninsula Block and the cultural forest land properties.
149: Licence splitting process must be completed
1: To the extent that the Crown has not completed the processes referred to in section 148(b)
a: on and after the settlement date; and
b: until they are completed.
2: Subsection (3) provides for the licence fee payable for the Peninsula Block and the cultural forest land properties under the Crown forestry licence—
a: for the period starting on the settlement date and ending on the completion of the processes referred to in subsection (1) and section 148
b: that is not part of the rental proceeds referred to in section 147(2)(a)
3: The licence fee payable is the amount calculated in the manner described in paragraphs 6.27 and 6.28 of the property redress schedule.
4: However, the calculation of the licence fee under subsection (3) is overridden by any agreement between the joint licensor governance entities as licensor, the licensee, and the Crown.
5: On and from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the Peninsula Block and the cultural forest land properties, be read as references to the relevant trustees.
3: Access to protected sites
Right of access
150: Right of access to protected sites
1: The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special spiritual, cultural, or historical significance to have access across the land to each protected site.
2: The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.
3: The right of access is subject to the following conditions:
a: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and
b: the right of access may be exercised only at reasonable times and during daylight hours; and
c: a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access as are reasonably required for—
i: the safety of people; or
ii: the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
iii: operational reasons.
151: Right of access over Peninsula Block
1: A right of access over the Peninsula Block is subject to the terms of any Crown forestry licence.
2: However, subsection (1) does not apply if the licensee has agreed to the right of access being exercised.
3: An amendment to a Crown forestry licence is of no effect to the extent that it would—
a: delay the date from which a person may exercise a right of access; or
b: adversely affect a right of access in any other way.
152: Right of access to be recorded on computer freehold register
1: This section applies to the transfer to the trustees of the Peninsula Block.
2: The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land.
3: The Registrar-General must, on the registration of the transfer of the land, record on any computer freehold register for the land, that the land is subject to a right of access to protected sites on the land.
4: Right of first refusal
Interpretation
153: Interpretation
In this subpart and Schedule 5 balance RFR land
a: is exclusive RFR land or shared RFR land; and
b: has been offered for disposal to the trustees of an offer trust—
i: as exclusive RFR land or shared RFR land; and
ii: in accordance with section 156
c: has not been withdrawn under section 158
d: has not been accepted in accordance with section 159 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 by section 7(1)
b: a State enterprise (as defined by 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—
i: to transfer or vest the fee simple estate in the land; or
ii: to 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—
i: to mortgage, or give a security interest in, the land; or
ii: to grant an easement over the land; or
iii: to consent to an assignment of a lease, or to a sublease, of the land; or
iv: to remove an improvement, fixture, or fitting from the land exclusive RFR land expiry date sections 156(1)(a) 157 NgāiTakoto settlement date notice offer section 156 offer trust
a: for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement:
b: for shared RFR land, Te Rūnanga o NgāiTakoto and the RFR settlement trust for each other relevant iwi that has settled its historical claims under an enactment:
c: for balance RFR land, the RFR settlement trust for each remaining iwi other relevant iwi Other Relevant Iwi public work section 2 recipient trust
a: for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement:
b: for shared RFR land and balance RFR land, the offer trust whose trustees accept an offer to dispose of the land under section 159 related company section 2(3) remaining iwi RFR date
a: for the exclusive RFR land:
b: for the shared RFR land RFR land section 154 RFR landowner
a: means—
i: the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
ii: a Crown body, if the body holds the fee simple estate in the land; and
b: includes a local authority to which RFR land has been disposed of under section 162(1)
c: to avoid doubt, does not include an administering body in which RFR land is vested—
i: on the RFR date for that land; or
ii: after the RFR date for that land, under section 163(1) RFR period
a: for exclusive RFR land, a period of 172 years from the settlement date of an iwi granted a right to exclusive RFR land; and
b: for balance RFR land, a period of 172 years from the settlement date; and
c: for shared RFR land,—
i: a period of 172 years from the NgāiTakoto settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the NgāiTakoto settlement date; or
ii: if the settlement date for each of the other relevant iwi has not occurred on or before the NgāiTakoto settlement date, a period of 172 years from the earlier of—
A: the date that is 24 months after the NgāiTakoto settlement date; and
B: the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment RFR settlement trust
a: for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust; and
b: for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust; and
c: for NgāiTakoto, Te Rūnanga o NgāiTakoto; and
d: for Te Rarawa, Te Rūnanga o Te Rarawa; and
e: for Ngāti Kahu, the Ngāti Kahu governance entity established to receive redress from the Crown in settlement of the Ngāti Kahu historical claims shared RFR land
a: the NgāiTakoto settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the NgāiTakoto settlement date; or
b: if the settlement date for each of the other relevant iwi has not occurred on or before the NgāiTakoto settlement date, the earlier of—
i: the date that is 24 months after the NgāiTakoto settlement date; and
ii: the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment subsidiary section 5
154: Meaning of RFR land
1: In this subpart, RFR land
a: exclusive RFR land; and
b: shared RFR land; and
c: balance RFR land; and
d: land obtained in exchange for a disposal of RFR land under section 167(1)(c) 168
2: However, land ceases to be RFR land if—
a: the fee simple estate in the land transfers from the RFR landowner to—
i: the trustees of a recipient trust or their nominee (for example, under a contract formed under section 160
ii: any other person (including the Crown or a Crown body) under section 155(1)(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 164 to 171
ii: under any matter referred to in section 172(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 180
d: the RFR period for the land ends. Restrictions on disposal of RFR land
155: Restrictions on disposal of RFR land
1: An RFR landowner must not dispose of RFR land to a person other than the trustees of a recipient trust or their nominee unless the land is disposed of—
a: under any of sections 161 to 171
b: under any matter referred to in section 172(1)
c: in accordance with a waiver or variation given under section 180
d: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust, if the offer to those trustees—
i: related to exclusive RFR land or shared RFR land; and
ii: was made in accordance with section 156
iii: was made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and
iv: was not withdrawn under section 158
v: was not accepted under section 159
2: Subsection (1)(d) does not apply to exclusive RFR land or shared RFR land that is balance RFR land, unless and until—
a: an offer to dispose of the balance RFR land has been made in accordance with section 156
b: that offer is not accepted by the trustees of an offer trust under section 159(3) Trustees' right of first refusal
156: Requirements for offer
1: An offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust must be made by notice to the trustees of the 1 or more offer trusts, incorporating—
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 that contains 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; and
e: a statement that identifies the land as exclusive RFR land, shared RFR land, or balance RFR land, as the case may be.
2: To avoid doubt, an offer made under this section by an RFR landowner to dispose of balance RFR land must be on terms that are the same (as far as practicable) as the terms of the offer made to the trustees of an offer trust to dispose of that land as exclusive RFR land or shared RFR land (as the case may have been).
157: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer if—
a: the trustees have received an earlier offer to dispose of the land; and
b: the expiry date of the earlier offer was not earlier than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
3: For an offer of shared RFR land, if the RFR landowner has received notices of acceptance from the trustees of 2 or more offer trusts at the expiry date specified in the notice given under section 156(1) section 159(4)
158: Withdrawal of offer
The RFR landowner may, by notice to the trustees of the 1 or more offer trusts, withdraw an offer at any time before it is accepted.
159: Acceptance of offer
1: The trustees of an offer trust may, by notice to the RFR landowner who makes an offer, accept the offer if—
a: it has not been withdrawn; and
b: its expiry date has not passed.
2: The trustees of an offer trust must accept all the RFR land offered, unless the offer permits them to accept less.
3: In the case of an offer of shared RFR land or balance RFR land, the offer is accepted if, at the end of the expiry date, the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust.
4: In the case of an offer of shared RFR land, if the RFR landowner has received notices of acceptance, at the expiry date specified in the notice of offer given under section 156
a: specifying the offer trusts from whose trustees acceptance notices have been received; and
b: stating that the offer may be accepted by the trustees of only 1 of those offer trusts before the end of the tenth working day after the day on which the RFR landowner's notice is received under this subsection.
160: Formation of contract
1: If the trustees of an offer trust accept an offer by an RFR landowner under section 159
2: The terms of the contract may be varied by written agreement between the RFR landowner and the trustees of the recipient trust.
3: Under the contract, the trustees of the recipient trust may nominate any person other than those trustees (the nominee
4: The trustees of the recipient trust may nominate a nominee only if—
a: the nominee is lawfully able to hold the RFR land; and
b: the trustees give notice 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 of the recipient trust nominate a nominee, those trustees remain liable for the obligations of the transferee under the contract. Disposals to others but land remains RFR land
161: 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 161(2) amended 1 August 2020 section 668 Education and Training Act 2020
162: 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 section 2
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.
163: 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
164: Disposal in accordance with enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
165: 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 RFR date for that land; or
ii: was conditional before the RFR date for that land but became unconditional on or after that date; or
iii: arose after the exercise (whether before, on, or after the RFR date) of an option existing before the RFR date; or
b: the requirements, existing before the RFR date, of a gift, an endowment, or a trust relating to the land.
166: 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)
167: Disposal of land held for public works
1: An RFR landowner may dispose of RFR land in accordance with—
a: section 40(2) or (4) 41
b: section 52 105(1) 106 114(3) 117(7) 119
c: section 117(3)(a)
d: section 117(3)(b)
e: section 23(1) or (4) 24(4) 26
2: To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 section 41(1)(e)
168: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
169: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
170: Disposal to tenants
The Crown may dispose of RFR land—
a: that was held on the RFR 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 RFR date; or
ii: on or after the RFR date for that land under a right of renewal of a lease granted before that RFR date; or
c: under section 93(4)
171: Disposal by Housing New Zealand Corporation
1: Housing New Zealand Corporation or any of its subsidiaries may dispose of RFR land to any person if the Corporation has given notice to the trustees of the 1 or more offer trusts that, in the Corporation's opinion, the disposal is to give effect to, or to assist in giving effect to, the Crown's social objectives in relation to housing or services related to housing.
2: To avoid doubt, in subsection (1), RFR land RFR landowner obligations
172: 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—
i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees of an offer trust; and
ii: that the RFR landowner cannot satisfy by taking reasonable steps; and
c: the terms of a mortgage over, or security interest in, RFR land.
2: Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment. Notices about RFR land
173: Notice to LINZ of RFR land with computer register after RFR date
1: If a computer register is first created for RFR land after the RFR date for the relevant land, 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 RFR date for the land, 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 that contains the land.
174: Notice to trustees of offer trusts of disposal of RFR land to others
1: An RFR landowner must give the trustees of the 1 or more offer trusts notice of the disposal of RFR land by the landowner to a person other than the trustees of an offer trust 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 and 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 155
f: if the disposal is to be made under section 155(1)(d)
175: 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 of a recipient trust or their nominee (for example, under a contract formed under section 160
ii: any other person (including the Crown or a Crown body) under section 155(1)(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 164 to 171
ii: under any matter referred to in section 172(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 180
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.
176: Notice requirements
Schedule 5
a: an RFR landowner; or
b: the trustees of an offer trust or a recipient trust. Right of first refusal recorded on computer registers
177: Right of first refusal 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 RFR date for the land; and
b: the RFR land for which a computer register is first created after the RFR date for the land; and
c: land for which there is a computer register that becomes RFR land after the settlement date.
2: The chief executive must issue a certificate as soon as is reasonably practicable after—
a: the RFR date for the land, for RFR land for which there is a computer register on that RFR date; or
b: receiving a notice under section 173
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 of the 1 or more offer trusts 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 154
b: subject to this subpart (which restricts disposal, including leasing, of the land).
178: 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 175
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 of the 1 or more offer trusts 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 notifications recorded under section 177
179: 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 RFR land that still has a notification recorded under section 177
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 of the 1 or more offer trusts 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 177 General provisions applying to right of first refusal
180: Waiver and variation
1: The trustees of the 1 or more offer trusts 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 of the 1 or more offer trusts 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.
181: 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.
182: Assignment of rights and obligations under this subpart
1: Subsection (3) applies if an 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 documents; and
b: has given the notices required by subsection (2).
2: An 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 the assignees 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 5
4: In this section and Schedule 5 constitutional documents RFR holder
a: they are the trustees of 1 or more offer trusts; or
b: they have previously been assigned those rights and obligations under this section.