1: Title
1: This Act is Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025.
2: This Act may also be cited as—
a: Te Ture Whakatupua mō Te Kāhui Tupua 2025; or
b: the Taranaki Maunga Collective Redress Act 2025.
2: Commencement
1: This Act, except section 126
2: Section 126 section 121(1) Section 2(1) editorial change 10 April 2025 sections 86(1) 87(m) Legislation Act 2019
1: He kupu wāwahi—Historical matters and preliminary provisions
3: Te Iho Tāngaengae: Statement by Ngā Iwi o Taranaki of connection and relationship
The Crown acknowledges Te Iho Tāngaengae, the statement by Ngā Iwi o Taranaki of their cultural, spiritual, historical, and traditional association with their tūpuna maunga and Te Kāhui Tupua, as set out in this section. He pou whakaruru: Guardian
a: Ko te kāhui maunga ēnei, he pou here tikanga atua, he pou here tikanga tangata, he pou whakaruru nō te ao tūroa. He pou tupua, he pou tūtei kīhei rū, kīhei ngārue, he pou tūnga roa, e taumaru ai ngā whakatupuranga me ōna arapaki tū. He tūtohu whenua, he tūtohu taiao e whai take ai te tini me te mano, ka whāia kia mau, ka whāia kia piri, kia tata, kia tōpū, he mea paihere nō te kahui maunga. He maunga tū noa, i te ao, i te pō. He maunga tapu, tū te ihihi, tū te wehiwehi, tū te wanawana. He maunga tāmou, he maunga whītiki i te kaupapa tangata. He maunga tātai, he waha ā-tai e puare ana ki ngā whakatupuranga, e whaimārama ai, e whaitake nei a tātai tangata i tōna ao, he ara tō tēnā, he ara tō tēnā, Māori mai, Pākehā mai, he mātāwaiora, he mātāpono, he mātātika. The maunga are pou that form a connection between the physical and the social elements of our lived experience. For Iwi of Taranaki, they have been ever present and remain personified ancestors, a site of shared history, a physical resource, and the citadel of a unique ecosystem. Wider Taranaki society continues to look upon these maunga as key reference points for the region, shaping an immediate sense of place and social association with mutual identity. Their presence pervades our scenery, projecting mystery, adventure, and beauty, capturing our attention and our imagination in how humanity can be closely bound to a landscape. The maunga are pou that transcend our perception of time, location, culture and spirit. They help configure how whakapapa, environment, the past and future are understood, engaged with, and transmitted to future generations. This is a framework of tangible and intangible resources available to be accessed and applied in our daily lives, and open to being interpreted by various social groupings, Māori and non-Māori, in terms of spiritual, cultural, and ethical values. He pou taiora: Physical dimension
b: Ko te kāhui maunga te iho taketake ki te kūreitanga nei, he ahuahunga i a Rū i te au o nuku ki pīnekineki, ki māniania, ki papatokatoka, ki papawhenua i uta ki tai. He ahuahunga i a Tāwhiri nui o rangi i te āwhā, i te haupūkeri, i te aorangi, whiua ki uta, whiua ki tai. He whakaipurangi wai māturuturu i te huhuka o te rangi, te tukutuku o te rangi, te heihei o te rangi, te mamange o te rangi, he puna wai matara, he papa kōhukehuke, he koiora ki te ao tū roa. Ehara i a maunga kau noa, tēnā anō he tāmoremore nuku, he tāmoremore rangi, he pou tina, he pou toka, he pou tāiki ki Taranaki. The maunga are the essence of this region having shaped the physical landscape with volcanic activity, inclining slopes, expansive plains and rocky shores. They have shaped the very character of weather, wind, rainfall and climate. They have been the source of unceasing artesian waters, mineral deposits and are a rich store of high altitude biodiversity. These maunga are not simply a part of the Taranaki environment they are its synthesis. He pou kura, he pou wānanga, he pou korero: Social dimension
c: He kāhui maunga, he iho pūtaketake, he aka tāmore, he puia tautau mahei, ki tuitui wai koropupū, ki horanga whenua taurikura, ki pūkāwa māhorahora ki tai. He maunga tūtohu i te whenua, he noninga kumu, he tūranga kāinga, he tūranga wānanga, he tūranga iwi. He whare punanga kōrero, he kāpuni reo, he kāpuni tikanga, he kāpuni tangata. He maunga whānui atu i te tūtohu whenua noa, he tupua, he puna i heke mai ai te tangata, he pūkeinga kōiwi, he okiokinga tūpuna. Ko rātou tō mātou okiokinga ko mātou nei tō rātou okiokitanga. The maunga are the essence of this region having shaped the human landscape with unfaltering springs, fertile lands and an extensive shoreline. They have shaped the very character of geographic reference points, of settlement patterns and boundaries, and have differentiated schools of knowledge of iwi. They have been the source of language, culture and identity. These maunga are not simply landmarks they are the embodiment of whakapapa, the interment of tūpuna incorporated within iwi whakapapa with names, history and sacred sites. Te Pūeatanga ki te Ao
4: He Whakarāpopototanga o Ngā Pūtaketanga Kōrero mō Te Kāhui Tupua/Summary of historical account
1: Mō ngā whakatupuranga e whia nei, ko te maunga Taranaki me ōna pae maunga te pou matua mō te iwi, te hapū, te whānau o Taranaki. Kua roa te maunga e whakanuia ana hei tupuna, hei puna ora mō te tinana, te ahurea, me te wairua, ā, mō te okiokinga whakamutunga anō hoki.
2: Whai muri i te tūnga mai o ngā kāinga o te Pākehā ki roto i a Taranaki i ngā tau 1840, i tīmata te Karauna ki te hoko whenua ki roto i te takiwā. I te tīmatanga, he hīkaka nō ngā Māori o Taranaki ki te whāwhā atu ki te ōhanga hou o te Pākehā, engari ka tupu mai te āwangawanga i te mahi hoko whenua a te Karauna mai i te Māori takitahi, i ngā rōpū iti rānei, ā, i ētehi wā kāore i whakaae, kāore rānei i mōhio ngā rangatira, te whānau whānui rānei, ā, he wā hoki rānei kore rawa rātou i whakaae. I te tau 1860, i tukuna e te Karauna he ope tauā ki te whakatutuki i te hoko whenua ki Whaitara, ā, nā reira nei i tū ngā pakanga i waenganui i te Karauna me ngā Māori ki Taranaki. I te tau 1865, i tūkinotia te Māori e te Karauna mā te raupatu i ngā eka 1.2 miriona o ngā whenua o Taranaki me te maunga o Taranaki.
3: I te rautau i muri mai i tēnei takahitanga tūāpapa o te Tiriti o Waitangi
4: Nō ngā tau tōmua o te ngahuru tau 1970, i ngana te Māori o Taranaki ki te kuhu ki roto i ngā whakahaere o te papakura, ki te whakaara ake i te ingoa taketake o te maunga, ki te whai kia whakahokia atu te mana rangatiratanga o ngā maunga. I tautokona e te kāwanatanga ētehi o ā rātou tono, engari i whakarērea i runga i ngā whakahē o te marea. Ka whakaaetia i te tau 1977 kia kuhukuhu te Māori i roto i ngā mahi whakahaere o Egmont National Park, ā, i te tau 1978 nā te Karauna i whakatairanga i tētehi ture kia whakahokia a maunga Taranaki ki te Poari Māori o Taranaki kātahi ka wawe te whakahoki atu ki te Karauna hei papakura.
5: Nō ngā tau tata nei, he nui ngā kaupapa nā ngā iwi o Taranaki i kōkiri hei whakaohooho, hei whakapakari i ō rātou hononga ki ō rātou tūpuna maunga. Ko ētehi o ēnei kaupapa ko te totoro anō ki ngā wāhi tapu ki roto i te papakura, ko te whakahaere kīrearea, ko te tiaki tupu taketake me ngā kararehe, ko te whakapai ake i te mōhiotanga pūtaiao o te taiao, ko te whakatairanga i te mātauranga Māori hoki.
1: For generations, Taranaki Maunga and its surrounding ranges have been the central pillar for the iwi, hapū, and whānau of Taranaki. These maunga have long been honoured ancestors, a source of physical, cultural, and spiritual sustenance, and final resting places.
2: Following the establishment of European settlements in Taranaki in the early 1840s, the Crown began to purchase land in the region. Māori in Taranaki were initially keen to engage in the new settler economy, but became concerned when the Crown began to purchase land from individual Māori or small groups, sometimes without the consent or knowledge of key leaders or the wider collective, and sometimes despite their strongly stated objections. In 1860, the Crown used military forces to complete its purchase of land at Waitara, which led to wars between the Crown and Māori in Taranaki. In 1865 the Crown unfairly punished Māori by confiscating 1.2 million acres of Taranaki land, including Taranaki Maunga.
3: During the century that followed this fundamental breach of te Tiriti o Waitangi Treaty of Waitangi
4: In the early 1970s, Taranaki Māori sought to become involved in the management of the park, to have the mountain’s traditional name reinstated, and to have ownership of the mountains returned. Some of their proposals were initially supported by the government but then abandoned in the face of public opposition. Provisions for Māori involvement in the management of Egmont National Park were eventually enacted in 1977, and in 1978 the Crown promoted legislation which returned Taranaki Maunga to the Taranaki Māori Trust Board, but immediately returned it to Crown ownership for the purposes of a national park.
5: In recent years, Ngā Iwi o Taranaki have led a number of initiatives which have sought to reactivate and strengthen their connections to their ancestral mountains. These have included programmes to re-engage with the sites of significance within the park, control pests, foster indigenous plants and animals, improve scientific understanding of the environment, and promote mātauranga Māori. He pou tā Maruwhakatare He ahi tā Tahurangi He rua tā Ruataranaki He pou hoki tā tēnei whakatupuranga? Maruwhakatare anchored the mountain Tahurangi lit the fires of occupation Ruataranaki consecrated the name What will this generation’s legacy be?
5: He tāpaetanga i ngā hē a te Karauna ki Ngā Iwi o Taranaki/ Acknowledgements of the Crown to Ngā Iwi o Taranaki
1: E whakaae ana te Karauna ki te hiranga me te motuhaketanga o ngā maunga o Taranaki ki ngā tāngata whenua o Taranaki. E whia rautau ngā tihi me ngā pae maunga o Taranaki e tū nei hei poutoko, hei pouwhakarewa i ngā āhuatanga katoa o te ao. E tū nei hei puna wai, hei pātaka kai, hei kete rokiroki i ngā maharatanga me ngā mātauranga, ā, ko rātou kei te tūhono i te rangi ki te whenua, otirā, he tūpuna tapu hoki rātou. E whakaae ana te Karauna ki te wāhi nui tonu o te oranga o ngā maunga o Taranaki ki te oranga o ngā iwi o Taranaki.
2: E whakaae ana te Karauna, nā te matapōkere noa o tāna muru i ngā tihi me ngā pae maunga tapu o Taranaki i kore ai ngā Māori o Taranaki i whai toronga atu ki ngā wāhi e whakahirahira ana ā-ahurea, ā-wairua, ā-hītori hoki, ka mutu, nā reira anō i motu ai ngā hononga kaitiaki i purutia e ngā whānau, e ngā hapū, e ngā iwi o Taranaki mō ngā rautau e whia nei. Nā tana pērā, ka takahia e te Karauna tana kupu taurangi i whakapūmautia ai mā Te Tiriti o Waitangi te Tiriti o Waitangi
3: E whakaae ana te Karauna, kīhei a ia i whakatinana i ngā kupu taurangi ake a te Kāwana i kī rā e kore ētehi whenua whāiti, tae atu rā ki ētehi wāhanga rahi o Taranaki maunga, e murua, ka mutu, kīhei hoki a ia i whakatinana i ngā whakaritenga kia whakahokia aua whenua rā.
4: E whakaae ana te Karauna, I whaia kahatia e ngā Māori o Taranaki kia whakahokia ngā maunga ki a rātou mai anō i te wā i murua ai. I te tau 1879, ka whakatū te Karauna i te Kōmihana o te Taiuru kia tirotirohia ngā nawe a te Māori e kī nei kāore i whakatinanatia ngā whenua i rāhuitia mō rātou e te Kōti Paremata, kāore hoki i whakatauria te nui o ngā whenua e wātea ana hei whakahokinga atu ki a rātou. I runga i te āhua ki aua tirotirohanga, e whakaae ana te Karauna:
a: i hē tana whakamōhio i te Kōmihana o te Taiuru i te tau 1880 ki te huringa o Taranaki maunga me ōna karapotitanga hei rāhui ngahere; ā
b: i muri iho, ka āta mahue tā te Kōmihana o te Taiuru whakauru i te katoa o ngā whenua, e ono maero nei te pūtoro huri noa i ngā tihi o Taranaki maunga, ki ōna whakawhiwhinga atu i tūtohungia ai ki ngā Māori o Taranaki; ā
c: nō te mōhiotanga o te Karauna ki te korenga o te maunga i rāhuitia, kīhei a ia i whakatika i tōna hē, engari, ka mārō tana pānui i te whakataunga o Taranaki maunga hei rāhui ngahere i mua i ngā whakawhiwhinga karaati a te Kōmihana Tuarua o te Taiuru; ā,
d: nā ērā mahi katoa a te Karauna i kore ai e taea te whakahokinga o Taranaki maunga mā te tukanga paremata, ka mutu, he takahanga tērā i te Tiriti o Waitangi
5: E whakaae ana te Karauna, nāna i whakakore te toenga o ngā pāranga o ngā Māori o Taranaki ki ngā maunga o Taranaki i te tau 1899 i tana whakatairanga i te whakawhitinga o te Rāhui o ngā Pae Maunga o Patuhā, i tukuna ai ki ngā uri o Taranaki nō rātou aua pāranga rā, mō ētehi whenua o waho atu o Taranaki. Ina koa, e whakaae ana te Karauna, i tāna whakatutuki i tēnei whakawhitinga:
a: i mōhio katoa a ia, ka noho ngā rāhui o te Taiuru, i tōna tikanga, hei painga mō ngā Māori o Taranaki; ā
b: i mōhio a ia ki te wātea o ētehi whenua kounga e pātata tonu ana ki te Rāhui o ngā Pae Maunga o Patuhā, engari i whakatau a ia ki te hoko i aua whenua ki ngā Pākehā whakatū kāinga, ka tuku ai i ngā whenua e iwa tekau maero nei te tawhiti atu; ā,
c: ko tana korenga i āta whai ki te tiaki i ngā pāranga o Taranaki maunga tētehi takahanga i te Tiriti o Waitangi
6: E whakaae ana te Karauna, nōna e whakarite ana i te Rāhui Ngahere o Egmont, me te Papa Taiao ā-Motu o Egmont i muri mai, kīhei a ia i tuku kia whai wāhi ngā iwi o Taranaki ki ngā kōrero, kīhei hoki a ia i whai whakaaro ki ngā pāranga tuku iho o aua iwi rā. Nā reira, kīhei te Karauna i whakamana i te rangatiratanga o ngā iwi o Taranaki, ā, he takahanga tēnei i te Tiriti o Waitangi
7: E whakaae ana anō hoki te Karauna, e whia tau tana korenga i tuku kia whai wāhi tētehi māngai Māori ki te hautūtanga o te Papa Taiao ā-Motu o Egmont. Nā tērā i kore ai i āhei te whakamahi, te whakahaere rānei a ngā Māori o Taranaki i ngā rawa whaihua nui i raro i ā rātou tikanga, ā, nā reira hoki i aukati tā rātou tū hei kaitiaki i te maha o ngā wāhi tapu. He takahanga tēnei i te Tiriti o Waitangi
8: E mihi ana te Karauna ki te kaha o te Poari Māori o Taranaki ki te kake i ngā āhuatanga kino i mahue iho ai i te pakanga, te muru me te raupatu, i te nui hoki o te korenga o te Karauna i whakaae ki ngā nawe o ngā Māori o Taranaki. E mōhio ana anō hoki te Karauna i ngā taumahatanga i pīkautia ai e Te Poari Māori o Taranaki i te ngahuru tau 1970, i a ia e whakamātau ana ki te whakawhiti kōrero e pā ana ki te whakahokinga mai o Taranaki Maunga, ki te whakatūnga o tētehi māngai Māori ki te Poari mō te Papa Taiao ā-Motu o Egmont, ki te whakaturetanga anō hoki o te ingoa o Taranaki
9: E whakaae ana te Karauna, ko āna tini takahanga i te Tiriti o Waitangi
1: The Crown acknowledges that the tūpuna maunga are of profound significance to the tangata whenua of Taranaki. For centuries, the peaks and ranges of Taranaki have served as pillars that support and uphold every aspect of life. They are a source of water and food, they are repositories of memory and knowledge, they connect the earth to the heavens, and they are revered ancestors. The Crown acknowledges that the well-being of ngā maunga o Taranaki is intrinsic to the well-being of Ngā Iwi o Taranaki.
2: The Crown acknowledges that its indiscriminate confiscation of the sacred peaks and ranges of Taranaki deprived Taranaki Māori of access to sites of profound cultural, spiritual, and historical significance, and severed relationships of care that the whānau, hapū, and iwi of Taranaki had exercised for centuries. In doing so, the Crown broke its promise, made through te Tiriti o Waitangi Treaty of Waitangi te Tiriti o Waitangi Treaty of Waitangi
3: The Crown acknowledges that it failed to honour the Governor’s personal promises that certain lands, including large parts of Taranaki Maunga, would not be confiscated, and then failed to implement the undertakings made to return those lands.
4: The Crown acknowledges that Taranaki Māori have sought the return of the mountains ever since they were confiscated. In 1879, the Crown established the West Coast Commission to investigate Māori complaints that the reserves they had been awarded by the Compensation Court had not been created, and to determine what land was available for return. With respect to those investigations, the Crown acknowledges that—
a: it incorrectly informed the West Coast Commission in 1880 that Taranaki Maunga and its surrounds had already been made a forest reserve; and
b: the West Coast Commission subsequently excluded all the land within a six-mile radius of the peak of Taranaki Maunga from its recommended awards to Taranaki Māori; and
c: when the Crown realised the Maunga had not been reserved, it failed to correct its error and instead formally declared Taranaki Maunga to be a forest reserve before the Second West Coast Commission’s awards were formally granted; and
d: together, the Crown’s actions meant that Taranaki Maunga was never eligible for return to Māori through the compensation processes, in breach of te Tiriti o Waitangi Treaty of Waitangi
5: The Crown acknowledges that it deprived Taranaki Māori of their last remaining interests in ngā maunga o Taranaki in 1899 when it promoted the exchange of the Patua Ranges Reserve, which had been granted to Taranaki owners in 1883, for land outside Taranaki. In particular, the Crown acknowledges that when it carried out this exchange—
a: it had full knowledge that the West Coast reserves were intended to benefit Taranaki Māori; and
b: it was aware that there was good-quality land available immediately adjacent to the Patua Ranges Reserve, but chose to sell that land to settlers and instead provide land 90 miles away; and
c: its failure to actively protect the interests of Taranaki Māori was a breach of te Tiriti o Waitangi Treaty of Waitangi
6: The Crown acknowledges that when it established the Egmont Forest Reserve, and later the Egmont National Park, it failed to consult the iwi of Taranaki or consider their customary interests. By doing so, the Crown failed to recognise the rangatiratanga of ngā iwi o Taranaki, and this was a breach of te Tiriti o Waitangi Treaty of Waitangi
7: The Crown further acknowledges that it failed for many years to provide for Māori representation in the governance of Egmont National Park. This left Taranaki Māori unable to use or manage the area’s rich resources in accordance with their tikanga, and prevented them from exercising kaitiakitanga over its many sacred places. This was a breach of te Tiriti o Waitangi Treaty of Waitangi
8: The Crown acknowledges the efforts of the Taranaki Māori Trust Board to overcome the legacy of war and raupatu, and the Crown’s consistent failure to recognise the validity of the grievances of Taranaki Māori. The Crown further acknowledges the challenges the Taranaki Māori Trust Board faced in the 1970s when it attempted to negotiate the return of Taranaki Maunga, Māori representation on the Egmont National Park Board, and the restoration of the name Taranaki
9: The Crown acknowledges that its many breaches of te Tiriti o Waitangi Treaty of Waitangi
6: He Kupu Whakapāha nā te Karauna ki Ngā Iwi o Taranaki/Apology of the Crown to Ngā Iwi o Taranaki
E tāpae nei te Karauna i te whakapāha e whai ake nei ki ngā uri o Taranaki o mua, o nāianei hoki:
“(a): E tino whakapāha ana te Karauna nā te mea kua raruraru tana hononga ki ngā tāngata whenua o Taranaki mō ngā reanga e hia nā te auau o tō te Karauna korenga i whakatinana i tāna i kī taurangi ai i te Tiriti o Waitangi
b: E nui whakaharahara ana te whakapāha a te Karauna i tana raupatu i a Taranaki mounga i te tau 1865, i motu ai te roa me te hōhonu o tō koutou hononga ki tō koutou tupuna mounga. I ngā tekau tau ka whai mai, i tua atu o tō te Karauna kore i whakaae ki tō koutou rangatiratanga, i whakaparahakotia hoki e ia taua rangatiratanga nā tana kore i whakaae ki te whakahoki i te mounga ki a koutou, ki te tuku kia whai wāhi koutou ki tōna manaakitanga, ki te whakamana hoki i tōna ingoa e tika ana. E nui whakaharahara ana te āwhitu o te Karauna i ana tini takahanga i te Tiriti o Waitangi
c: Kāore e taea aua mamae o mua rā te whakakore. Heoti anō, e tūmanako ana te Karauna, mā tēnei whakapāha, mā ngā whakaritenga hoki i tēnei whakaaetanga e tuia anō ai, e whakapakaringia ai hoki ō koutou hononga ki ngā mounga, e titiro anō ai ngā whakatupuranga o muri nei ki a Taranaki hei tohu mō te aumangea me te tūmanako, tē mahara kē ai ki a ia hei tohu mō te rironga. E anga whakamua ana te Karauna ki tōna wā e tū ai a Taranaki mounga hei tohu, hei whakatinanatanga hoki mō tētehi hononga ki a koutou i runga i te whakapono, i te ngātahi o te whakaaro nui ki te Tiriti o Waitangi The Crown offers the following apology to ngā uri o Taranaki, past and present:
“(a): The Crown is deeply sorry that its relationship with the tangata whenua of Taranaki has for generations been blighted by the Crown’s repeated failures to honour the commitments it made in te Tiriti o Waitangi Treaty of Waitangi
b: The Crown profoundly apologises for its confiscation of Taranaki Maunga in 1865, which severed connections with your ancestral mountain that were ancient and deep. In the decades that followed, the Crown not only failed to recognise your rangatiratanga but treated it with disdain, refusing to return the maunga, to involve you in its care, or to restore its rightful name. The Crown deeply regrets its many breaches of te Tiriti o Waitangi Treaty of Waitangi
c: Much of this harm cannot be undone. However, the Crown hopes that through this apology, and through the arrangements in Te Ruruku Pūtakerongo, your connections to ngā maunga can be restored and strengthened, so that future generations might again look to Taranaki as a symbol of resilience and hope, rather than of loss. The Crown also looks to a future where Taranaki Maunga symbolises and embodies a relationship with you that is founded on trust and a shared respect for te Tiriti o Waitangi Treaty of Waitangi Purpose provision
7: Purpose of this Act
The purpose of this Act is—
a: to record Te Pūeatanga ki te Ao, comprising the historical account, together with the acknowledgements, and apology by the Crown to Ngā Iwi o Taranaki with respect to their historical grievances relating to their tūpuna maunga; and
b: to give effect to He Kawa Tupua, comprising—
i: Te Mana o Ngā Maunga, for the purpose of recognising, promoting, and protecting the health and well-being of Te Kāhui Tupua and its status; and
ii: Te Mana o Te Kāhui, for the purposes of recognising and providing for the mana and relationship of Ngā Iwi o Taranaki with Te Kāhui Tupua; and
c: to give effect to the provisions of Te Ruruku Pūtakerongo. Interpretation provisions
8: 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 Te Ruruku Pūtakerongo.
9: Interpretation
In this Act, unless the context otherwise requires,— access arrangement section 2(1) application Schedule 4 clause 1 appointers section 31 asset management company section 43(1) asset management policy section 47 coastal marine area section 2(1) concession section 2(1) concession revenue
a: rents, fees, and royalties within the meaning of section 17Y
b: rents, fees, and royalties paid by a third party under an authorisation issued under the National Parks Act 1980 section 17Y
c: does not include fees such as—
i: cost recovery charges imposed by the Director-General as a condition of a concession of authorisation; or
ii: charges that have been imposed under section 17X(e) or (j) 17ZH 60B conservation legislation Conservation Act 1987 Schedule 1 conservation management strategy section 2(1) Crown section 2(1) 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 cultural materials plan subpart 2 Director-General section 58 effective date existing interests
a: means a lawful interest in existence immediately before the date on which the relevant land is vested in Te Kāhui Tupua or added to Te Papa-Kura-o-Taranaki; and
b: includes legal rights and authorisations to carry out activities on or in relation to that land He Kawa Ora mō Te Papa-Kura-o-Taranaki He Kawa Ora section 94 He Takapou Tupua industrial rocks and building stones section 2(1) interest kōkawa kōkōwai matā minerals programme
a: has the meaning given in section 2(1)
b: includes the Minerals Programme for Minerals (Excluding Petroleum) 2013 and the Minerals Programme for Petroleum 2013 Minister of Conservation
a: has the meaning given to Minister in section 2(1) of the Conservation Act 1997
b: includes, if relevant, a delegate appointed by the Minister, including on the terms provided by section 57 national park section 2 national park management plan section 45 New Zealand Conservation Authority section 6A New Zealand register section 2(1) Ngā Iwi o Taranaki section 10 Ngā Pou Whakatupua section 19 Ngaa Rauru Kiitahi Ngāruahine Ngāti Maru Ngāti Mutunga Ngāti Ruanui Ngāti Tama notice
a: means a notice given under this Act; and
b: includes a notice given by electronic means official geographic name section 4 onewa pākohe permit section 2(1) post-settlement governance entity governance entity
a: Te Kaahui o Rauru Trust (established by trust deed dated 27 November 2003):
b: Te Kāhui Maru Trust: Te Iwi o Maruwharanui (established by trust deed dated 13 July 2018):
c: Te Kāhui o Taranaki Trust (established by trust deed dated 24 June 2013):
d: Te Korowai o Ngāruahine Trust (established by trust deed dated 20 June 2013):
e: Te Kotahitanga o Te Atiawa Trust (established by trust deed dated 31 March 2014):
f: Te Rūnanga o Ngāti Mutunga Trust (established by trust deed dated 14 September 2006):
g: Te Rūnanga o Ngāti Ruanui Trust (established by trust deed dated 10 December 2001):
h: Te Rūnanga o Ngāti Tama Trust (established by trust deed dated 20 January 2003) Registrar-General section 5(1) specially protected area section 2 successor company
a: incorporated by Te Tōpuni Kōkōrangi on the same terms that apply to the asset management company in accordance with section 52(2)
b: into which all or some of its assets and liabilities are transferred or merged taonga tūānuku Taranaki Iwi Taranaki Māori Educational Trust Taranaki Māori Trust Board Trust Board section 9 Taranaki Region Local Government (Taranaki Region) Reorganisation Order 1989 Taranaki/Whanganui Conservation Board section 6L Te Atiawa Te Iho Tāngaengae section 3 Te Kāhui Tupua section 18(1) Te Kāhui Tupua status sections 17 18 Te Papa-Kura-o-Taranaki Te Papa-Kura-o-Taranaki mineral
a: any mineral that is the property of the Crown; and
b: taonga tūānuku; and
c: industrial rocks and building stones Te Ruruku Pūtakerongo
a: the Honourable Andrew James Little and the Honourable Willow-Jean Prime for and on behalf of the Crown; and
b: Jamie Tuuta, Liana Poutu, Hemi Sundgren, Te Pahunga Davis, and Haimona Maruera for and on behalf of Ngā Iwi o Taranaki; and
c: Michael Neho for and on behalf of Te Kaahui o Rauru Trust; and
d: Holden Hohaia for and on behalf of Te Kāhui Maru Trust: Te Iwi o Maruwharanui; and
e: Jacqui King for and on behalf of Te Kāhui o Taranaki Trust; and
f: Paula Carr for and on behalf of Te Korowai o Ngāruahine Trust; and
g: Liana Poutu for and on behalf of Te Kotahitanga o Te Atiawa Trust; and
h: Jamie Tuuta for and on behalf of Te Rūnanga o Ngāti Mutunga Trust; and
i: Haimona Maruera for and on behalf of Te Rūnanga o Ngāti Ruanui Trust; and
j: Frances White for and on behalf of Te Rūnanga o Ngāti Tama Trust; and
k: Michael Neho, Holden Hohaia, Jacqui King, Paula Carr, Liana Poutu, Jamie Tuuta, Haimona Maruera, and Frances White, as trustees to Te Tōpuni Ngārahu Te Ruruku Pūtakerongo schedule Te Tōpuni Kōkōrangi section 27 Te Tōpuni Ngārahu Te Whenua Taketake Schedule 1 Te Whenua Taurikura Te Whenua Tupu trustees trustees of Te Tōpuni Ngārahu tūpuna maunga uri vesting date section 65 working day
a: Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day:
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday:
c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:
d: the day observed as anniversary day in Wellington or Taranaki.
10: Meaning of Ngā Iwi o Taranaki
In this Act, Ngā Iwi o Taranaki
a: means the collective group of the following iwi:
i: Ngaa Rauru Kiitahi, and
ii: Ngāruahine; and
iii: Ngāti Maru; and
iv: Ngāti Mutunga; and
v: Ngāti Ruanui; and
vi: Ngāti Tama; and
vii: Taranaki Iwi; and
viii: Te Āti Awa; and
b: includes 1 or more of those iwi and their hapū; and
c: includes the present and future members of 1 or more of those iwi and their hapū. Other matters
11: Act binds the Crown
This Act binds the Crown.
12: Provisions to take effect on effective date
1: The provisions of this Act take effect on the effective 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.
13: 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 Tōpuni Ngārahu 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 Te Ruruku Pūtakerongo 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 Tōpuni Ngārahu is or becomes a charitable trust, the trust may continue indefinitely under section 16(6)(a)
14: Access to Te Ruruku Pūtakerongo
The chief executive of the Office for Māori Crown Relations—Te Arawhiti must make copies of Te Ruruku Pūtakerongo available—
a: for inspection free of charge, and for purchase at a reasonable price, at that Office 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 that Office.
15: Limits to effect of this Act and Te Ruruku Pūtakerongo
General principles
1: Nothing in this Act or in Te Ruruku Pūtakerongo—
a: usurps or limits—
i: the relationships between Ngā Iwi o Taranaki and Te Kāhui Tupua; or
ii: the mana of, or exercise of, rights and responsibilities according to tikanga or customary law by Ngā Iwi o Taranaki; or
iii: the ability for Ngā Iwi o Taranaki to participate in any statutory or other process relevant to Te Kāhui Tupua; or
iv: the ability or requirement for any person or entity to engage with Ngā Iwi o Taranaki; or
v: any other rights that Ngā Iwi o Taranaki may have arising—
A: from legislation, te Tiriti o Waitangi Treaty of Waitangi
B: in any other way; or
b: precludes Ngā Iwi o Taranaki from referring to, describing, or relying on, in any statutory process,—
i: their relationship with Te Kāhui Tupua; or
ii: the arrangements set out in this Act or Te Ruruku Pūtakerongo, including—
A: Te Kāhui Tupua status; and
B: Ngā Pou Whakatupua; and
C: Te Iho Tāngaengae; or
c: extinguishes or limits any extant customary rights or aboriginal title or limits the ability of a group to apply for, or be granted, such rights; or
d: constitutes or implies an acknowledgement by the Crown that any customary right or aboriginal title exists; or
e: limits, diminishes, or removes the obligations under section 4
2: Nothing in this Act or in Te Ruruku Pūtakerongo displaces or diminishes the role of an iwi or hapū of Ngā Iwi o Taranaki in relation to Te Kāhui Tupua or any other matter.
3: Without limiting subsection (1), nothing in this Act or in Te Ruruku Pūtakerongo applies to the coastal marine area, except as provided in the following provisions:
a: section 3
b: section 17
c: section 19
d: section 53(1) and (2)
4: Nothing in this Act or in Te Ruruku Pūtakerongo, unless expressly provided otherwise,—
a: limits any existing private property rights; or
b: creates, limits, transfers, extinguishes, or otherwise affects any rights or interests in water, wildlife, fish, aquatic life, or plants; or
c: affects the application of any legislation.
16: Exclusion of jurisdiction
1: 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: Te Ruruku Pūtakerongo; or
b: this Act; or
c: the redress provided under this Act or Te Ruruku Pūtakerongo.
2: However, subsection (1) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of Te Ruruku Pūtakerongo or this Act.
2: Te Kāhui Tupua
1: Te Kāhui Tupua and Ngā Pou Whakatupua
17: Recognition of Te Kāhui Tupua
1: Te Kāhui Tupua is a living and indivisible whole comprising Taranaki Maunga and other tūpuna maunga, including Pouākai and Kaitake, from their peaks to, and including, all the surrounding lands, and incorporating all their physical and metaphysical elements.
2: In this section, surrounding lands
18: Te Kāhui Tupua as legal person
1: Te Kāhui Tupua is a legal person and has all the rights, powers, duties, responsibilities, and liabilities of a legal person.
2: The rights, powers, and duties of Te Kāhui Tupua must be exercised and performed, and responsibility for its liabilities must be taken on behalf of, and in the name of, Te Kāhui Tupua—
a: by Te Tōpuni Kōkōrangi, unless otherwise provided for by this Act or Te Ruruku Pūtakerongo; and
b: in accordance with this Act, Te Ruruku Pūtakerongo, and the National Parks Act 1980
19: Ngā Pou Whakatupua: Maunga values
Ngā Pou Whakatupua comprises the following intrinsic values that represent the essence of Te Kāhui Tupua and are intended to reflect the cultural, spiritual, ancestral, and historical relationship between Ngā Iwi o Taranaki and Te Kāhui Tupua:
a: Ko Te Kāhui Tupua, he rārangi maunga here ā-nuku, here ā-rangi Te Kāhui Tupua, the mountain range binding heaven and earth Te Kāhui Tupua is a living and indivisible whole incorporating all of its physical and metaphysical elements:
b: Ko Te Kāhui Tupua, koia ko ō mātou nei okiokinga, ko mātou nei tō rātou okiokitanga Te Kāhui Tupua, our embodiment in life and death Te Kāhui Tupua represents and upholds the ancestral, historical, cultural, and spiritual relationship between Ngā Iwi o Taranaki and their tūpuna maunga:
c: Ko Te Kāhui Tupua, ko te puna i heke mai ai te tangata Te Kāhui Tupua, from which we descend and take our identity Te Kāhui Tupua and its health and well-being are fundamental to the identity, tikanga, reo, and health and well-being of Ngā Iwi o Taranaki:
d: Ko Tupua Kawa, ko Tawhito Kawa, he kawa ora The ancestral knowledge, the ancient law, the law of existence Te Kāhui Tupua is a source of spiritual, cultural, and physical well-being of—
i: the lands, waters, flora, fauna, and other natural resources of Taranaki; and
ii: the people of Taranaki:
e: Ko Te Kāhui Tupua, he puna koropupū, he manawa whenua, hei mou ake nei i te tini mokopuna Te Kāhui Tupua, a spring, a source of enduring naturally filtered water and life, protected for future generations Ngā Iwi o Taranaki, the Crown, and all of the communities of Taranaki have an intergenerational responsibility actively to protect the health and well-being of Te Kāhui Tupua.
20: Effect of Te Kāhui Tupua status and Ngā Pou Whakatupua
1: Te Kāhui Tupua status and Ngā Pou Whakatupua are the foundation for the governance, management, and administration of Te Papa-Kura-o-Taranaki under this Act.
2: Except as it is modified by this Act, the National Parks Act 1980
3: In addition to the general purposes set out in section 4(1)
4: In addition to the requirements of section 4(2)
5: Te Kāhui Tupua status and Ngā Pou Whakatupua may be considered by persons described in subsection (6) when exercising or performing powers, functions, or duties under any legislation that relate to, or may affect, Te Kāhui Tupua.
6: Subsection (5) applies to persons acting under—
a: conservation legislation within Te Papa-Kura-o-Taranaki, to the extent that the functions, powers, or duties are not expressly dealt with under this Act or Te Ruruku Pūtakerongo:
b: conservation legislation within the surrounding lands outside the boundaries of Te Papa-Kura-o-Taranaki:
c: other legislation within Te Papa-Kura-o-Taranaki or the surrounding lands.
7: Subsections (5) and (6) do not limit any obligations a person may have under section 4
8: To avoid doubt, Te Papa-Kura-o-Taranaki must, in accordance with section 4 National Parks Act 1980 te Tiriti o Waitangi Treaty of Waitangi
9: Statements of general policy, including the general policy for national parks and any conservation management strategy, must not derogate from this Act or Te Ruruku Pūtakerongo.
21: Application of Resource Management Act 1991 in relation to consent applications
1: Subsection (2) applies if—
a: a consent authority determines that Te Kāhui Tupua is an affected person in relation to a resource consent application under the Resource Management Act 1991
b: Te Tōpuni Kōkōrangi gives written approval for that application.
2: Despite sections 95D(e) 104(3)(a)(ii)
2: Official geographic names
22: Interpretation
In this subpart, Board Gazetteer section 4
23: Official geographic names of Te Papa-Kura-o-Taranaki and Taranaki Maunga
1: Te Papa-Kura-o-Taranaki is the official geographic name of the national park.
2: Taranaki Maunga is the official geographic name of the tupuna maunga that is the highest peak in the national park.
3: Egmont National Park and Mount Taranaki or Mount Egmont cease to be official geographic names.
4: The Board must amend the Gazetteer to record, in respect of Te Papa-Kura-o-Taranaki,—
a: that the former official geographic name has been discontinued; and
b: the new official geographic name that has been assigned.
5: The naming of Te Papa-Kura-o-Taranaki by subsection (1) is to be treated as having been made under—
a: section 7(1)(d)
b: Part 2
6: Section 7(1)(d)
24: Official geographic names of tūpuna maunga and other features
1: The names specified in the second column of the table in clause 15.2 of Te Ruruku Pūtakerongo are the official geographic names of features described in the third and fourth columns of that table, including Taranaki Maunga, Pouākai, Patuhā, Kaitake, and Panitahi.
2: Each official geographic name is to be treated as if it were an official geographic name that takes effect on the effective date by virtue of a determination of the Board made under section 19
25: Publication of official geographic names
1: The Board must, as soon as practicable after the effective date, give public notice, in accordance with section 21(2) and (3) sections 23 24
2: The notice must state that each official geographic name became an official geographic name on the effective date.
26: Subsequent alteration of official geographic names
1: In making a determination to alter the official geographic name of a feature named under section 24
a: need not comply with section 16 17 18 19(1) 20
b: must have the written consent of the trustees.
2: 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: Te Tōpuni Kōkōrangi
1: Te Tōpuni Kōkōrangi: establishment, purpose, functions, and powers
27: Te Tōpuni Kōkōrangi established
Te Tōpuni Kōkōrangi is established as a statutory body.
28: Purpose of Te Tōpuni Kōkōrangi
The purpose of Te Tōpuni Kōkōrangi is—
a: to be the human face and voice of Te Kāhui Tupua; and
b: to perform functions in relation to Te Papa-Kura-o-Taranaki in accordance with this Act, Te Ruruku Pūtakerongo, and the National Parks Act 1980
29: Functions of Te Tōpuni Kōkōrangi
The functions of Te Tōpuni Kōkōrangi are—
a: to act and speak for and on behalf of, and in the name of, Te Kāhui Tupua; and
b: to uphold and promote—
i: Te Kāhui Tupua status and Ngā Pou Whakatupua; and
ii: the health, well-being, and interests of Te Kāhui Tupua; and
c: to engage with, and form relationships with, the trustees of Te Tōpuni Ngārahu, including by means of written agreements; and
d: to form relationships with the iwi and hapū of Ngā Iwi o Taranaki with interests in Te Papa-Kura-o-Taranaki; and
e: to enter into He Takapou Tupua; and
f: to form relationships with Crown agencies, and other bodies that have functions affecting Te Kāhui Tupua, including—
i: the Taranaki/Whanganui Conservation Board; and
ii: the New Zealand Conservation Authority; and
g: to develop and recommend for approval He Kawa Ora; and
h: to advise the New Zealand Conservation Authority and the Director-General, as appropriate, on matters relating to Te Papa-Kura-o-Taranaki, including—
i: the effectiveness of the implementation within Te Papa-Kura-o-Taranaki of the general policy for national parks; and
ii: the interpretation of He Kawa Ora; and
iii: any other matter relating to Te Papa-Kura-o-Taranaki; and
i: for the purposes of Schedule 4
j: to perform other land-related functions in relation to Te Papa-Kura-o-Taranaki; and
k: to perform functions in relation to the asset management company that may be established under section 43(1)
l: to perform functions delegated to it by the Minister of Conservation under section 57(1) Part 5A
m: to perform other relevant functions in accordance with this Act and Te Ruruku Pūtakerongo.
30: Capacity and powers of Te Tōpuni Kōkōrangi
1: Te Tōpuni Kōkōrangi has full capacity and all the powers reasonably necessary to achieve its purpose and exercise and perform its powers, functions, and duties in accordance with this Act, Te Ruruku Pūtakerongo, the National Parks Act 1980
2: In achieving its purposes and performing its functions, Te Tōpuni Kōkōrangi must—
a: act in the interests, and in the name, of Te Kāhui Tupua; and
b: in relation to Te Papa-Kura-o-Taranaki (as provided for in part 7 of Te Ruruku Pūtakerongo), act consistently with—
i: Te Kāhui Tupua status and Ngā Pou Whakatupua; and
ii: the purposes in section 4
iii: the requirements of other applicable legislation as modified by this Act. Membership of Te Tōpuni Kōkōrangi
31: Appointments to Te Tōpuni Kōkōrangi
1: Te Tōpuni Kōkōrangi consists of 8 members, appointed as follows:
a: 4 members appointed by the trustees; and
b: 4 members appointed by the Minister of Conservation.
2: In making appointments, an appointer must be satisfied that the members have the mana, standing in the community, skills, knowledge, and experience—
a: to participate effectively in Te Tōpuni Kōkōrangi; and
b: to contribute to achieving the purposes and performing the functions of Te Tōpuni Kōkōrangi.
3: In considering the appointment of members, an appointer must have particular regard to—
a: Te Kāhui Tupua status and Ngā Pou Whakatupua; and
b: the particular features of the land within Te Papa-Kura-o-Taranaki; and
c: the relationship of Ngā Iwi o Taranaki with Te Kāhui Tupua; and
d: the proposed member’s knowledge and understanding of Te Kāhui Tupua; and
e: the interests of nature conservation, earth sciences, recreation, tourism, and the local community; and
f: the need for the membership of Te Tōpuni Kōkōrangi to reflect a balance of skills, knowledge, and experience.
4: Before making an appointment, each appointer must—
a: notify the other appointer of a proposed appointment; and
b: seek and consider the views of the other appointer as to whether the proposed member satisfies the requirements of this section; and
c: discuss with the other appointer any proposal for a member to be appointed for a fourth or further consecutive term.
5: If an appointer fails to make an appointment at the beginning of a term, that does not affect the ability of Te Tōpuni Kōkōrangi to perform its functions and duties or exercise its powers.
32: Appointment of chairperson and deputy chairperson
1: For the first term, the trustees must appoint a member of Te Tōpuni Kōkōrangi appointed by the trustees under section 31(1)(a)
2: Subsection (1) also applies if the chairperson is replaced during that term.
3: For subsequent terms, Te Tōpuni Kōkōrangi must appoint the chairperson from all the members of Te Tōpuni Kōkōrangi.
4: The chairperson is appointed for the same 3-year term as the members of Te Tōpuni Kōkōrangi, unless the chairperson—
a: resigns from the office of chairperson or as a member; or
b: is removed as a member of Te Tōpuni Kōkōrangi; or
c: is removed as chairperson by Te Tōpuni Kōkōrangi; or
d: otherwise vacates the office of chairperson.
5: The member appointed as the chairperson—
a: may be reappointed to that office at the end of the chairperson’s term of office; and
b: if appointed during a 3-year term to fill a vacancy in the chairperson’s position, is appointed for the remainder of the 3-year term.
6: The chairperson may vote on any matter, but does not have a casting vote.
7: Te Tōpuni Kōkōrangi—
a: may at any time appoint a member to be the deputy chairperson to perform the functions of the chairperson in the chairperson’s absence; but
b: is not required to make that appointment.
33: Decision making
1: When making decisions, the members of Te Tōpuni Kōkōrangi must—
a: strive to achieve a consensus of its members; and
b: act in accordance with the declaration made under clause 4
2: However, if, in the opinion of the chairperson, consensus is not practicable after allowing a reasonable period for discussion, a decision of Te Tōpuni Kōkōrangi may be made with the agreement of at least 75% of the members present and voting (or participating in accordance with procedures set under clause 12(3)
3: In the case of decisions relating to He Kawa Ora, the chairperson may initiate any process to assist Te Tōpuni Kōkōrangi in making the decision (including by engaging a third party).
34: Application of other Acts to Te Tōpuni Kōkōrangi
The following Acts apply to Te Tōpuni Kōkōrangi:
a: the Official Information Act 1982
b: the Ombudsmen Act 1975
c: the Public Audit Act 2001
35: Liabilities and responsibilities in respect of Te Papa-Kura-o-Taranaki and Te Whenua Taurikura
1: This section applies to Te Papa-Kura-o-Taranaki and Te Whenua Taurikura. General
2: The Crown, rather than Te Kāhui Tupua or Te Tōpuni Kōkōrangi, has responsibility for all existing or future liabilities relating to, or arising from, the ownership of Te Whenua Taurikura in respect of the following matters:
a: any existing or future contamination of Te Whenua Taurikura; and
b: any water, plants, wildlife, fish, or aquatic life on Te Whenua Taurikura and any associated biosecurity risks associated with Te Whenua Taurikura; and
c: any structures or improvements on Te Whenua Taurikura; and
d: any existing interests in Te Whenua Taurikura; and
e: any activity, whether authorised by a consent, designation, as a permitted activity, or under any legislation, on Te Whenua Taurikura; and
f: any public access to, or use of, Te Whenua Taurikura.
3: In relation to Te Whenua Taurikura and Te Papa-Kura-o-Taranaki, the Crown retains, or must assume, any other liability arising from the exercise or performance of statutory powers or functions, or decisions made, by the Director-General and the Minister of Conservation.
4: The Crown will inform Te Tōpuni Kōkōrangi before it takes any action in relation to any existing or future liabilities relating to either Te Whenua Taurikura or Te Papa-Kura-o-Taranaki. Rates
5: The Crown remains responsible for rating obligations arising in respect of Te Whenua Taurikura.
36: Costs of meeting certain liabilities
1: This section applies if Te Tōpuni Kōkōrangi or Te Kāhui Tupua—
a: has a liability arising from the statutory functions or powers relating to Te Kāhui Tupua or to Te Papa-Kura-o-Taranaki or Te Whenua Taurikura; but
b: is not able to meet the costs or obligations imposed by the liability.
2: Te Tōpuni Kōkōrangi must, at the earliest practicable time, give written notice of the matter to—
a: Te Tōpuni Ngārahu; and
b: the Director-General, the Minister of Conservation, and the Minister of Finance.
3: Te Tōpuni Kōkōrangi may, in that notice, propose options for meeting the costs and other obligations associated with the liability.
4: Te Tōpuni Ngārahu, the Minister of Conservation, and the Minister of Finance—
a: may propose options or seek proposals from Te Tōpuni Kōkōrangi for meeting the liability; and
b: must consider and respond to any proposals that any of them may make; and
c: may agree to provide assistance to Te Tōpuni Kōkōrangi or Te Kāhui Tupua, specifying any conditions for that assistance that they consider appropriate. Further provisions
37: Further provisions relating to establishment and administration of Te Tōpuni Kōkōrangi
Further provisions relevant to Te Tōpuni Kōkōrangi are set out in Schedule 2
2: Name Te Kāhui Tupua protected
38: Protection of name Te Kāhui Tupua by Te Tōpuni Kōkōrangi
1: No person may, without making a written request to Te Tōpuni Kōkōrangi and receiving a written authorisation from Te Tōpuni Kōkōrangi,—
a: cause an incorporated or unincorporated body to be formed or registered under any name, title, style, or designation that includes the name Te Kāhui Tupua:
b: carry on trade activities under any name, title, style, or designation that includes the name Te Kāhui Tupua:
c: in relation to the promotion of any commercial goods or services, display, exhibit, or otherwise use in any business, trade, or occupation, a name, title, style, or designation that includes the name Te Kāhui Tupua.
2: Subsection (1) applies to the use, in the manner described in paragraphs (a) to (c), of any other name, title, style, or designation that so resembles the name Te Kāhui Tupua as to be likely to mislead, confuse, or deceive a person into believing that there is an association with Te Kāhui Tupua.
3: Subsection (1) does not apply to any person using the name Te Kāhui Tupua for a genuine creative, educational, or historical purpose.
4: Te Tōpuni Kōkōrangi must not unreasonably withhold its consent to a written request for authorisation, if the proposed use of the name—
a: is consistent with Te Kāhui Tupua status and Ngā Pou Whakatupua; and
b: promotes the health and well-being of Te Kāhui Tupua.
5: If Te Tōpuni Kōkōrangi receives a request from Ngā Iwi o Taranaki for a written authorisation under subsection (1), Te Tōpuni Kōkōrangi—
a: must notify the trustees of the authorisation requested; and
b: must obtain and consider the views of the trustees before making a decision on any request for an authorisation; and
c: may impose any reasonable conditions on the authorisation that it considers appropriate in the circumstances.
6: If Te Tōpuni Kōkōrangi considers that the name Te Kāhui Tupua is being used in a manner contrary to subsection (1) or (2), Te Tōpuni Kōkōrangi may—
a: use any relevant statutory process to object to the use of the name; and
b: give written notice to any person,—
i: stating that the name Te Kāhui Tupua is being used in a manner contrary to subsection (1) or (2); and
ii: requesting that person to cease further use of the name in that manner; and
c: apply to a court—
i: for a declaration that the use of the name Te Kāhui Tupua by the person to whom notice was given under paragraph (b) is contrary to subsection (1) or (2); and
ii: for an order to cease the relevant use of the name.
3: Te Papa-Kura-o-Taranaki place section in conservation management strategy
39: Place section for Te Papa-Kura-o-Taranaki
1: A place section for Te Papa-Kura-o-Taranaki must be included in any relevant conservation management strategy that applies to Te Papa-Kura-o-Taranaki.
2: The place section must acknowledge and uphold Te Kāhui Tupua status and Ngā Pou Whakatupua.
3: Section 17F section 40
4: In this subpart, relevant conservation management strategy
40: Preparing Te Papa-Kura-o-Taranaki place section
1: Te Tōpuni Kōkōrangi must participate in preparing a place section for Te Papa-Kura-o-Taranaki, as follows:
a: before preparing a draft conservation management strategy, as it will apply to Te Papa-Kura-o-Taranaki, the Director-General must engage with Te Tōpuni Kōkōrangi and the Taranaki/Whanganui Conservation Board to agree—
i: the issues to be dealt with; and
ii: the processes that apply to the preparation of the draft place section until it is approved under section 17F(p)(i)
b: in preparing the draft place section under section 17F(a)
c: the Director-General must formally notify Te Tōpuni Kōkōrangi when a draft conservation management strategy that includes a draft place section is publicly notified under section 17F(a)
d: if submissions are received on the draft place section under section 17F(c)
i: the Director-General must engage with Te Tōpuni Kōkōrangi in relation to the draft place section for Te Papa-Kura-o-Taranaki; and
ii: a representative of Te Tōpuni Kōkōrangi may, together with representatives of the Director-General and the Taranaki/Whanganui Conservation Board, hear submissions on the draft place section under section 17F(f) and (g)
2: The role of the representative of Te Tōpuni Kōkōrangi under subsection (1)(d)(ii) is to advise the representatives of the Director-General and the Taranaki/Whanganui Conservation Board on matters that include the consistency of the draft place section with—
a: He Kawa Ora; and
b: Te Kāhui Tupua status and Ngā Pou Whakatupua.
3: After considering the draft place section and summary of submissions (if any) prepared by the Director-General, the Taranaki/Whanganui Conservation Board must engage with Te Tōpuni Kōkōrangi before referring the draft place section back to the Director-General for revision under section 17F(k)
4: The New Zealand Conservation Authority must consult Te Tōpuni Kōkōrangi, the Director-General, and the Taranaki/Whanganui Conservation Board before it may amend the draft place section under section 17F(n) or (p)
4: Asset management
41: Right of Te Kāhui Tupua to own assets
1: Te Kāhui Tupua may own assets.
2: Any assets that Te Kāhui Tupua owns (other than Te Whenua Taurikura) must be managed on behalf of Te Kāhui Tupua by an asset management company established under section 43
42: Purpose of asset management company
The purpose of an asset management company established under section 43
a: supports the health and well-being of Te Kāhui Tupua; and
b: is consistent with Te Kāhui Tupua status and Ngā Pou Whakatupua.
43: Establishment of asset management company by Te Tōpuni Kōkōrangi
1: Te Tōpuni Kōkōrangi may, for the purposes of this Act, establish an asset management company under the Companies Act 1993
2: If Te Tōpuni Kōkōrangi exercises its discretion under subsection (1),—
a: Te Kāhui Tupua is the sole shareholder of the asset management company; and
b: Te Tōpuni Kōkōrangi must, on behalf of Te Kāhui Tupua,—
i: exercise and perform all of the shareholder’s powers, functions, and duties under the Companies Act 1993
ii: appoint the directors of the asset management company consistently with section 153 of the Companies Act 1993
3: In appointing the directors of the asset management company, Te Tōpuni Kōkōrangi must be satisfied that the directors, collectively, have—
a: knowledge and understanding of Te Kāhui Tupua status and Ngā Pou Whakatupua; and
b: the commercial expertise and business skills reasonably necessary for the asset management company to achieve its purpose.
4: Te Tōpuni Kōkōrangi must also—
a: draft and approve the constitution of the asset management company; and
b: apply to register the asset management company in accordance with section 12 of the Companies Act 1993
44: Powers and responsibilities of asset management company
1: An asset management company established under section 43
a: it may acquire assets for, or dispose of assets owned by, Te Kāhui Tupua as if the asset management company were the absolute owner of those assets; and
b: it may make financial contributions to any person, but only for the purpose set out in section 42
c: it must ensure that all liabilities that arise from its management of assets owned by Te Kāhui Tupua are satisfied.
2: In subsection (1)(b) and section 45(d) financial contribution
45: Constitution
The asset management company’s constitution must—
a: reflect the purpose of the company ( see section 42
b: provide that Te Kāhui Tupua is the sole shareholder and that shares must not be transferred or made subject to any security interest; and
c: require the asset management company to act consistently with the asset management policy adopted under section 47
d: prevent the asset management company from making any distributions (within the meaning of section 2(1) of the Companies Act 1993 section 44(1)(b)
e: provide that—
i: the activities of the asset management company are not carried on for the private pecuniary profit of any individual; and
ii: all profit is retained by the asset management company or applied for the purpose set out in section 42
f: ensure that the matters referred to in section 43(2) and (3)
g: provide for any other matters required by the Companies Act 1993
46: Asset management
Despite any legislation or rule of law, Te Tōpuni Kōkōrangi—
a: is not required to—
i: provide initial or future capital (or similar funding) to the asset management company; or
ii: underwrite the operational costs or liabilities of the asset management company; and
b: must not propose or consider changes to those parts of the constitution of the asset management company referred to in section 45(f)
47: Asset management policy
1: Unless the Minister of Conservation and the trustees of Te Tōpuni Ngārahu agree otherwise, not later than 6 months after an asset management company is established under section 43
a: focuses on supporting the health and well-being of Te Kāhui Tupua; and
b: identifies the types of assets, including land, that may be acquired and managed by the asset management company on behalf of Te Kāhui Tupua; and
c: identifies any criteria to be applied when decisions are made about acquiring or disposing of those assets; and
d: identifies policies that apply to the administration, management, or use of those assets; and
e: identifies any reporting requirements.
2: Te Tōpuni Kōkōrangi must prepare the asset management policy in consultation with the asset management company.
3: Before adopting the draft asset management policy, Te Tōpuni Kōkōrangi must consult—
a: the trustees; and
b: the Minister of Conservation.
48: Review and amendment
1: Te Tōpuni Kōkōrangi may review and amend the asset management policy, including in response to issues raised by the asset management company.
2: When reviewing and amending the asset management policy, Te Tōpuni Kōkōrangi must do so in a manner that is consistent with the requirements of section 47
49: Application of funding by asset management company
Before the asset management company applies funding to operational activities within Te Papa-Kura-o-Taranaki ( see subpart 2 of Part 7 section 99
50: Reporting and accountability
1: The asset management company must report annually on the assets it manages on behalf of Te Kāhui Tupua, including preparing the annual report in accordance with sections 208 and 211 of the Companies Act 1993
2: The annual report of the asset management company must contain the following:
a: a summary of the activities of the company for the previous accounting period; and
b: the financial statements required to be prepared—
i: under subpart 2 of Part 11 of the Companies Act 1993
ii: in accordance with generally accepted accounting practice; and
c: an audit report.
3: The annual report must be presented to the House of Representatives by the Minister of Conservation as an appendix to the annual report of Te Tōpuni Kōkōrangi ( see clause 21(4) of Schedule 2
4: Te Tōpuni Kōkōrangi, the trustees of Te Tōpuni Ngārahu, and the Crown are not responsible or accountable for the use or management of the assets managed by the asset management company on behalf of Te Kāhui Tupua, except in relation to any functions they perform under sections 43, 47, and 48
51: Application of other Acts to asset management company
The asset management company is a public entity for the purposes of the Public Audit Act 2001
52: Removal of asset management company from New Zealand register
1: If the asset management company is removed from the New Zealand register in accordance with the Companies Act 1993
a: apply to restore the asset management company to the New Zealand register (if that is an option); or
b: incorporate a successor company.
2: If a successor company is incorporated, it must be incorporated on the same terms as applied to the asset management company established under section 43 see sections 42 and 45
3: Te Tōpuni Kōkōrangi must decide whether to seek tax-exempt status for the successor company and whether any other government decisions are required for the successor company to be established.
4: To support the incorporation of a successor company, the Minister of Conservation must discuss with other relevant Ministers proposals that require government decisions, including the tax status of a successor company.
5: Subject to subsection (7), if the asset management company is removed from the New Zealand register and a successor company has not been incorporated by the time the asset management company is removed, any assets managed by the asset management company at the date of its removal will, on and from that date, be managed by the trustees on the same terms as applied (with any necessary modifications) to the asset management company.
6: However, if the asset management company is restored to the New Zealand register or a successor management company is incorporated at a later date, the restored or successor management company must take over the management of any remaining assets from the trustees on and from the date of its restoration or incorporation.
7: Subsection (5) is subject to any processes or requirements under the Companies Act 1993
8: Whether a successor company is incorporated or the trustees carry out the management role of the asset management company ( see
5: Standing, status, and taxation matters applying to certain entities under this Act
53: Standing of Te Tōpuni Kōkōrangi and trustees of Te Tōpuni Ngārahu
1: The trustees of Te Tōpuni Ngārahu must be treated as—
a: a public body for the purposes of the Local Government Act 2002
b: an iwi authority and a public authority for the purposes of the Resource Management Act 1991
2: Te Tōpuni Kōkōrangi and the trustees of Te Tōpuni Ngārahu are, for the purpose of a matter relating to or affecting Te Kāhui Tupua under any legislation,—
a: recognised as having an interest in Te Kāhui Tupua greater than, and separate from, any interest in common with the public generally; and
b: entitled to lodge a submission relating to that matter if there is a process for lodging submissions in relation to that matter; and
c: entitled to be heard on that matter if a hearing, proceeding, or inquiry is held in relation to that matter.
3: Subsections (1) and (2) do not limit any other rights that Te Tōpuni Kōkōrangi or the trustees of Te Tōpuni Ngārahu may have under any legislation that relates to, or affects, Te Kāhui Tupua.
54: Status of Te Tōpuni Ngārahu under Te Ture Whenua Maori Act 1993
1: Te Tōpuni Ngārahu is not a trust constituted in respect of—
a: any Māori land for the purposes of section 236(1)(b)
b: any General land owned by Māori for the purposes of section 236(1)(c)
2: In this section, Māori land General land owned by Māori section 4
55: Charitable status of Te Tōpuni Kōkōrangi
1: Te Tōpuni Kōkōrangi is to be treated as 1 or more institutions for the purpose of making an application for charitable status under the Charities Act 2005
2: Persons appointed to Te Tōpuni Kōkōrangi under section 31(1) Taxation matters
56: Tax treatment of Te Kāhui Tupua and Te Tōpuni Kōkōrangi
1: Te Kāhui Tupua and Te Tōpuni Kōkōrangi are deemed to be the same person for the purposes of the Inland Revenue Acts and the liabilities and obligations placed on a person under those Acts.
2: In particular, and to avoid doubt,—
a: income derived by Te Kāhui Tupua is treated as income derived by Te Tōpuni Kōkōrangi; and
b: expenditure incurred by Te Kāhui Tupua is treated as expenditure incurred by Te Tōpuni Kōkōrangi; and
c: the application of funds attributable to Te Kāhui Tupua is treated as the application of funds attributable to Te Tōpuni Kōkōrangi; and
d: goods and services supplied by Te Kāhui Tupua are treated as goods and services supplied by Te Tōpuni Kōkōrangi; and
e: goods and services acquired or used by Te Kāhui Tupua are treated as goods and services acquired or used by Te Tōpuni Kōkōrangi; and
f: obligations placed on Te Kāhui Tupua under section 15B
3: A notice issued by the Commissioner of Inland Revenue to Te Kāhui Tupua is treated for the purpose of the Inland Revenue Acts as a notice issued to Te Tōpuni Kōkōrangi.
4: Despite subsections (1) to (3), Te Kāhui Tupua and Te Tōpuni Kōkōrangi are jointly and severally liable under the Inland Revenue Acts.
5: In this section, Inland Revenue Acts section 3(1) Amendments to Income Tax Act 2007
57: Amendments to Income Tax Act 2007
1: This section amends the Income Tax Act 2007
2: After section CH 11
CH 11B: Te Kāhui Tupua and Te Tōpuni Kōkōrangi
When this section applies
1: This section applies when Te Tōpuni Kōkōrangi (as defined in Te Ture Whakatupua mō Te Kāhui Tupua 2025/Taranaki Maunga Collective Redress Act 2025) incurs an amount of expenditure in an income year for a purpose outside the scope and effect of Part 3 Income: amount of expenditure
2: Te Tōpuni Kōkōrangi is treated as deriving income for the income year of an amount equal to the amount of the expenditure.
CH 11C: Te Ture Whakatupua mō Te Kāhui Tupua 2025/Taranaki Maunga Collective Redress Act 2025 asset management company
When this section applies
1: This section applies when the asset management company (as defined in Te Ture Whakatupua mō Te Kāhui Tupua 2025/Taranaki Maunga Collective Redress Act 2025) incurs an amount of expenditure in an income year for a purpose outside the purpose of the company set out in Part 4 Income: amount of expenditure
2: The asset management company is treated as deriving income for the income year of an amount equal to the amount of the expenditure.
3: After section CW 40C
CW 40D: Te Tōpuni Kōkōrangi
Exempt income
1: An amount of income derived by Te Tōpuni Kōkōrangi (as defined in Te Ture Whakatupua mō Te Kāhui Tupua 2025/Taranaki Maunga Collective Redress Act 2025) is exempt income. Exclusion
2: However, subsection (1) section CH 11B
CW 40E: Te Ture Whakatupua mō Te Kāhui Tupua 2025/Taranaki Maunga Collective Redress Act 2025 asset management company
Exempt income
1: An amount of income derived by the asset management company (as defined in Te Ture Whakatupua mō Te Kāhui Tupua 2025/Taranaki Maunga Collective Redress Act 2025) is exempt income. Exclusion
2: However, subsection (1) section CH 11C 2025-02-02 Income Tax Act 2007
6: Land and minerals
58: Outline of this Part
1: This Part provides for the vesting of land and minerals in Te Kāhui Tupua and for other matters as follows:
a: subpart 1
b: subpart 2
i: the acquisition of Crown-owned land to be added to Te Papa-Kura-o-Taranaki and matters relevant to its vesting and status under the National Parks Act 1980
ii: the addition of Te Whenua Tupu to Te Papa-Kura-o-Taranaki; and
iii: land or interests in land acquired for, or added to, Te Papa-Kura-o-Taranaki; and
iv: the registration of land to which this Part applies; and
c: subpart 3
d: subpart 4
e: subpart 5
f: subpart 6 Crown Minerals Act 1991
g: subpart 7
2: In this Part,— Crown-owned land
a: a conservation area under the Conservation Act 1987
b: subject to the Tourist and Health Resorts Control Act 1908 Tourist Hotel Corporation Act 1974
c: a reserve under the Reserves Act 1977
d: land acquired by the Crown for national park purposes other Crown land
1: Vesting of land and minerals
Vesting of Te Whenua Taketake
59: Te Whenua Taketake vested in Te Kāhui Tupua
1: Te Whenua Taketake ceases to be—
a: vested in the Crown; and
b: a national park under the National Parks Act 1980
2: The fee simple estate in Te Whenua Taketake vests in Te Kāhui Tupua.
3: Te Whenua Taketake—
a: is declared to be a national park subject to the National Parks Act 1980
b: is held as Te Whenua Taurikura under this Act; and
c: has the official geographic name Te Papa-Kura-o-Taranaki.
60: Te Whenua Taurikura is inalienable
Te Whenua Taurikura must not be alienated, mortgaged, charged, or otherwise disposed of, unless provided for in or under section 75 103 Vesting of certain minerals
61: Vesting of certain minerals in Te Kāhui Tupua
Despite section 11 section 59(2)
a: that are Crown-owned; and
b: that form part of Te Whenua Taketake. Registration
62: Registration of Te Whenua Taketake in name of Te Kāhui Tupua
1: The Registrar-General must, in accordance with a written application by a person authorised by the Director-General,—
a: create 1 record of title for the fee simple estate in Te Whenua Taketake in the name of Te Kāhui Tupua; and
b: record on the record of title—
i: any interests that are registered, noted, or to be noted and are described in the application; and
ii: that the land is—
A: Te Whenua Taurikura and subject to Te Ture Whakatupua mō te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025; and
B: subject to the National Parks Act 1980
2: A record of title for the fee simple estate must be created for Te Whenua Taketake as soon as is reasonably practicable after the effective date, but not later than 24 months after that date.
3: Subsection (1)—
a: applies despite the Land Transfer Act 2017
b: is subject to the completion of any survey necessary to create a record of title.
2: Acquiring land for, and adding land to, Te Papa-Kura-o-Taranaki
Land or interests in land acquired for Te Papa-Kura-o-Taranaki
63: Role of Te Tōpuni Kōkōrangi in land acquisition
1: When considering whether land may be added to Te Papa-Kura-o-Taranaki, either by acquiring private land or transferring the administration of other Crown land, the Director-General must discuss with, and obtain the agreement of,—
a: Te Tōpuni Kōkōrangi, that it is appropriate to investigate adding the land to Te Papa-Kura-o-Taranaki; and
b: the trustees, that it is appropriate to investigate vesting the land in Te Kāhui Tupua.
2: Before Te Tōpuni Kōkōrangi makes a recommendation to add Crown-owned land to Te Papa-Kura-o-Taranaki, Te Tōpuni Kōkōrangi must obtain the written consent of the trustees to the vesting of the land in Te Kāhui Tupua.
64: Land or interests in land acquired for, or added to, Te Papa-Kura-o-Taranaki
1: Te Tōpuni Kōkōrangi and the New Zealand Conservation Authority must jointly advise the Minister of Conservation of their intention to jointly request the Director-General under section 8(1) of the National Parks Act 1980 to investigate and report on either of the following proposals:
a: to add Crown-owned land or Te Whenua Tupu to Te Papa-Kura-o-Taranaki:
b: to acquire private land for Te Papa-Kura-o-Taranaki.
2: Subject to section 63(2)
3: The Minister of Conservation may—
a: acquire the following under section 9
i: private land to add to Te Papa-Kura-o-Taranaki; or
ii: an interest in private land by way of a lease or licence to be administered as if the land were part of Te Papa-Kura-o-Taranaki; or
b: recommend that the Governor-General, by Order in Council, declare that Crown-owned land (including land acquired under paragraph (a)(i)) or Te Whenua Tupu be added to Te Papa-Kura-o-Taranaki ( see sections 65(2) 67
4: In this subpart, private land section 2
65: Vesting of Crown-owned land in Te Kāhui Tupua
1: This section applies if the Minister of Conservation makes a recommendation under section 64(3)(b)
2: The Governor-General may, on that recommendation, declare by Order in Council that, on the vesting date,—
a: any part of the Crown-owned land described in the Order in Council that is—
i: a conservation area under the Conservation Act 1987
ii: subject to the Tourist and Health Resorts Control Act 1908 Tourist Hotel Corporation Act 1974
iii: a reserve under the Reserves Act 1977
iv: land acquired by the Crown for national park purposes ceases to be held for those purposes; and
b: the Crown-owned land described in the Order in Council ceases to be vested in the Crown; and
c: the fee simple estate in that land vests in Te Kāhui Tupua; and
d: that land is—
i: part of Te Papa-Kura-o-Taranaki and subject to the National Parks Act 1980
ii: held as Te Whenua Taurikura under Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025.
3: The Order in Council may set out any other matters necessary for the vesting.
4: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
66: Names of Crown protected areas discontinued
1: Subsection (2) applies to the Crown-owned land, or part of that land that, immediately before the date on which the land vests in Te Kāhui Tupua under section 65(2)(c)
2: The official geographic name of the Crown protected area is discontinued for that land or part of it, and the Board must amend the Gazetteer accordingly.
3: In this section, Crown protected area section 4
67: Addition of Te Whenua Tupu to Te Papa-Kura-o-Taranaki
1: If the Minister of Conservation makes a recommendation under section 64(3)(b)
a: add specified Te Whenua Tupu to Te Papa-Kura-o-Taranaki; and
b: provide that on the date specified in the order, the land described in the order—
i: ceases to be Te Whenua Tupu; and
ii: is part of Te Papa-Kura-o-Taranaki and subject to the National Parks Act 1980
iii: is held as Te Whenua Taurikura under Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025.
2: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Minerals
68: Inclusion of certain minerals
Despite section 11 section 65(2) section 67(1)
a: are Crown-owned; and
b: form part of the land described in any Order in Council made under those sections. Registration
69: Registration of land added to Te Papa-Kura-o-Taranaki
1: This section applies to any land described in an Order in Council made under section 65(2) 67(1)
2: After an Order in Council comes into force, a person authorised by the Director-General must apply in writing to the Registrar-General to create a new record of title for the fee simple estate in Te Whenua Taurikura.
3: The Registrar-General must, in accordance with that application,—
a: register the Order in Council against any records of title referred to in the Order in Council and cancel those records as far as they relate to the land described in the Order in Council; and
b: cancel the existing record of title for Te Whenua Taurikura; and
c: create, in the name of Te Kāhui Tupua, 1 record of title for the fee simple estate in Te Whenua Taurikura (being the land described in the Order in Council and the land in the record of title in the name of Te Kāhui Tupua immediately before that record is cancelled under paragraph (b)); and
d: record on the record of title—
i: any interests that are registered, noted, or to be noted and are described in the application; and
ii: that the land—
A: is Te Whenua Taurikura and subject to Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025; and
B: is subject to the National Parks Act 1980
4: The Registrar-General must ensure that the notations referred to in section 72(6)(b)
5: Subsection (3)—
a: applies despite the Land Transfer Act 2017
b: is subject to the completion of any survey necessary to create a record of title.
3: Te Whenua Tupu
70: Asset management company to exercise role of registered owner
1: Despite land being registered in the name of Te Kāhui Tupua as Te Whenua Tupu, the asset management company must exercise the rights and powers and perform the duties of the registered owner of that land on behalf of, and in the name of, Te Kāhui Tupua.
2: Subsection (1) is subject to section 73(2)
3: The Registrar-General must have regard to subsection (1).
4: If the asset management company is removed from the New Zealand register ( see section 52
71: Registration of instruments if asset management company removed from New Zealand register
1: This section applies if the asset management company is removed from the New Zealand register.
2: Any instrument presented to register a transfer or interest in land that affects Te Whenua Tupu must include a statement to the effect that under this section any successor company or the trustees, as the case may be, may exercise the rights and powers, and perform the duties of the registered owner of the land on behalf of, and in the name of, Te Kāhui Tupua.
3: In reliance on this section, the Registrar-General may register instruments executed by any successor company or the trustees.
72: Acquisition of land as Te Whenua Tupu
1: This section applies if an agreement is entered into by the asset management company and the owner of any land to transfer the fee simple estate in that land to Te Kāhui Tupua as Te Whenua Tupu.
2: An agreement referred to in subsection (1) must be consistent with the asset management policy developed by Te Tōpuni Kōkōrangi ( see section 47
3: Before it enters into an agreement referred to in subsection (1), the asset management company must obtain the written consent of the trustees.
4: The asset management company may, on behalf of, and in the name of Te Kāhui Tupua,—
a: acquire the fee simple estate in the land as Te Whenua Tupu; or
b: sign a transfer instrument or other document, or do anything else to effect the transfer.
5: The transfer instrument must state that when the transfer instrument is registered, the land will become Te Whenua Tupu and subject to Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025.
6: The Registrar-General must—
a: have regard to the matters in subsection (4); and
b: on registering the transfer instrument, record on the record of title for the land that the land is Te Whenua Tupu and subject to Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025.
73: Te Whenua Tupu is alienable
1: Te Whenua Tupu may be alienated, mortgaged, charged, or otherwise disposed of, subject to subsection (2) and if consistent with the asset management policy.
2: The asset management company must obtain the written consent of the trustees before it enters into an agreement to transfer the fee simple estate in Te Whenua Tupu to the Crown or a third party.
74: Transfer of Te Whenua Tupu to the Crown or third party
1: The asset management company may, subject to section 73(2)
a: transfer the fee simple estate in Te Whenua Tupu to the Crown or a third party; and
b: sign a transfer instrument or other document or do anything else necessary to effect the transfer.
2: Land transferred in accordance with this section—
a: ceases to be Te Whenua Tupu; and
b: is no longer held under this Act.
3: The transfer instrument must state that the land is no longer Te Whenua Tupu and subject to Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025.
4: On registering the transfer of the land, the Registrar-General must remove from the record of title for the land a notation that the land is Te Whenua Tupu and subject to Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025.
4: Land excluded from Te Papa-Kura-o-Taranaki
75: Minister may propose exclusion of land
1: The Minister of Conservation may, under section 11 excluded land
a: on the joint recommendation of Te Tōpuni Kōkōrangi and the New Zealand Conservation Authority; and
b: after consulting the Taranaki/Whanganui Conservation Board.
2: Before Te Tōpuni Kōkōrangi makes a recommendation to exclude land from Te Papa-Kura-o-Taranaki that is to be vested in the Crown or a third party, Te Tōpuni Kōkōrangi must obtain the written consent of the trustees to that land ceasing to be vested in Te Kāhui Tupua.
76: Vesting of excluded land
Excluded land to be vested in the Crown or third party
1: If excluded land is to be vested in the Crown or a third party, the legislation proposed under section 75
a: enable that vesting; and
b: provide that, on and from the date specified in the legislation, the land—
i: ceases to be vested in Te Kāhui Tupua; and
ii: ceases to be a national park under the National Parks Act 1980
iii: is no longer held under Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025. Excluded land to be held as Te Whenua Tupu in name of Te Kāhui Tupua
2: If excluded land is to remain held in the name of Te Kāhui Tupua, but as Te Whenua Tupu, the legislation proposed under section 75
a: ceases to be a national park under the National Parks Act 1980
b: is Te Whenua Tupu and subject to Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025.
3: The legislation must also make provision for other relevant matters, including the ownership of taonga tūānuku and industrial rocks and building stones vested in Te Kāhui Tupua. Registration
77: Registration of excluded land
Excluded land to be vested in the Crown or third party
1: If land excluded from Te Papa-Kura-o-Taranaki by legislation made in accordance with section 75
a: on written application by a person authorised by the Director-General, create a record of title for the fee simple estate in the excluded land in the name of the Crown or person in whom the land is vested; and
b: record on the record of title any interests that are registered, noted, or to be noted and that are described in the application; and
c: ensure that the notations referred to in section 62(1)(b)(ii) Excluded land to be held as Te Whenua Tupu in name of Te Kāhui Tupua
2: If excluded land is to be held in the name of Te Kāhui Tupua, but as Te Whenua Tupu (under section 76(2)
a: on written application by a person authorised by the Director-General,—
i: create, in the name of Te Kāhui Tupua, a record of title for the fee simple estate in Te Whenua Tupu referred to in that section; and
ii: record on the record of title—
A: any interests that are registered, noted, or to be noted and that are described in the application; and
B: that the land is Te Whenua Tupu and subject to Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025; and
b: ensure that the notations referred to in section 62(1)(b)(ii)
3: Subsections (1) and (2) are subject to the completion of any survey necessary to create a record of title.
4: Subsection (2) applies despite the Land Transfer Act 2017
78: Record of title for Te Whenua Taurikura if land excluded
1: If land is excluded from Te Papa-Kura-o-Taranaki by legislation made in accordance with section 75
2: The Registrar-General must, in accordance with that application,—
a: cancel the existing record of title for Te Whenua Taurikura; and
b: create, in the name of Te Kāhui Tupua, 1 record of title for the fee simple estate in Te Whenua Taurikura (being the land described in the record of title in the name of Te Kāhui Tupua immediately before that record was cancelled under paragraph (a), but excluding the land removed in accordance with section 75
c: record on the record of title—
i: any interests that are registered, noted, or to be noted and are described in the application; and
ii: that the land is Te Whenua Taurikura and subject to Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025.
3: Subsection (2)—
a: applies despite the Land Transfer Act 2017
b: is subject to the completion of any survey necessary to create a record of title.
5: Provisions applying to certain land and improvements
Land or interests in land not added to Te Papa-Kura-o-Taranaki
79: Land or interests in land acquired for, but not added to, Te Papa-Kura-o-Taranaki
1: This section applies in respect of land, easements, or other interests in land that the Crown seeks to acquire under section 9
a: for the purpose of managing Te Papa-Kura-o-Taranaki; but
b: that are not to be added to, or administered as if they were part of, Te Papa-Kura-o-Taranaki.
2: The New Zealand Conservation Authority must consult Te Tōpuni Kōkōrangi and the Taranaki/Whanganui Conservation Board before it recommends that the Minister of Conservation acquire such land, easements, or interests in land.
3: The land, easements, or other interests in land acquired in accordance with this section are, while they are held for the purpose of managing Te Papa-Kura-o-Taranaki, subject to Te Ture Whakatupua mō Te Kāhui Tupua 2025/the Taranaki Maunga Collective Redress Act 2025 and the National Parks Act 1980 Provisions relating to existing interests, improvements, and other matters
80: Existing interests to continue
1: Despite any land becoming part of Te Papa-Kura-o-Taranaki, existing interests relating to that land continue to apply according to their terms and conditions, with any necessary modifications, until the interest expires or is terminated.
2: For the purposes of any existing interests (for which there is a grantor or grantee) that affect any land that will be part of Te Papa-Kura-o-Taranaki, on and from the date on which the land becomes part of Te Papa-Kura-o-Taranaki,—
a: the Crown will exercise the rights of, and be subject to the obligations of,—
i: the grantor if the land is subject to the relevant interest; or
ii: the grantee if the relevant interest benefits the land; and
b: if the context requires, a reference to other legislation must be read as a reference to that legislation as modified by this Act.
81: Ownership of improvements
1: The vesting of land by section 59(2) section 65(2)
a: improvements, including walking or vehicle tracks that have been surfaced or formed; or
b: to avoid doubt, legal roads. Crown-owned improvements on Te Whenua Taketake at effective date
2: Improvements owned by the Crown and attached to Te Whenua Taketake immediately before the effective date continue to be owned by the Crown. Improvements on Te Whenua Taurikura after effective date
3: Unless otherwise agreed by the Crown and any other relevant party (or unless provided for in an existing interest), subsections (4) and (5), as relevant, apply to improvements—
a: attached to land other than Te Whenua Taketake immediately before the date on which that land becomes part of Te Papa-Kura-o-Taranaki:
b: attached to any part of Te Whenua Taurikura after the effective date.
4: On the date on which the land becomes Te Whenua Taurikura, improvements referred to in subsection (3)(a)—
a: vest in the Crown; or
b: if relevant, continue to be owned by the Crown.
5: Improvements referred to in subsection (3)(b) are owned by the Crown. Improvements that revert to grantor of existing interest
6: If improvements attached to Te Whenua Taurikura are subject to an existing interest that provides for the ownership of the improvements to revert to the grantor, the ownership reverts to the Crown.
7: However, subsection (6) does not—
a: preclude the Crown from reaching another agreement relating to any improvements within the scope of that provision; or
b: apply if an existing interest or agreement reached between the Crown and a relevant party provides otherwise. Application of other legislation to improvements
8: An improvement attached to Te Whenua Taurikura is subject to the same legislative provisions that applied immediately before the land became Te Whenua Taurikura, including the offence, seizure and forfeiture provisions in sections 60 61
9: In this section and sections 82 83 improvements
82: Further provisions relating to ownership of improvements
Other improvements attached with consent to Te Whenua Taketake
1: The vesting of Te Whenua Taketake by section 59(2) Improvements attached to land before land added to Te Papa-Kura-o-Taranaki
2: Subsection (3) applies in relation to improvements attached to land, with the consent of the relevant landowner,—
a: if the land is added to Te Papa-Kura-o-Taranaki in accordance with section 65
b: if any Te Whenua Tupu is added to Te Papa-Kura-o-Taranaki in accordance with section 67
3: The ownership of improvements described in subsection (2) is not affected by—
a: the land being included in Te Papa-Kura-o-Taranaki:
b: the vesting of the land in accordance with section 65(2)(c)
c: the vesting of improvements referred to in section 81(4)(a) Limits to application of this section
4: Subsections (1) and (2) do not apply to the existing interests referred to in section 80
5: Subsection (1) does not apply to the improvements referred to in section 81(1) and (2)
6: This section does not confer the right for improvements to which it applies to remain on Te Whenua Taurikura.
83: Use of Crown-owned improvements
Crown-owned improvements attached to Te Whenua Taurikura may be used, occupied, accessed, maintained, removed, or demolished by the Director-General, or by a person authorised by the Director-General, in a manner that—
a: is not inconsistent with He Kawa Ora; and
b: is consistent with—
i: the terms of any existing interests; and
ii: any existing authorisation to use the improvements given by the Crown to a third party; and
iii: any conditions applying to the Crown’s acquisition of the improvements.
84: Existing bylaws, management plans, and other arrangements
1: Despite the vesting of Te Whenua Taketake by section 59(2)
a: a bylaw that applied to that land immediately before the vesting remains in force until it is revoked under the National Parks Act 1980
b: a national park management plan that applied to that land immediately before the vesting remains in force until He Kawa Ora is approved under clause 9
2: The vesting of Te Whenua Taketake by section 59(2)
3: If relevant, such plans, agreements, or other arrangements are to be interpreted as if the Crown were still the owner or occupier of Te Whenua Taketake.
4: However, on and from the effective date, all such plans, agreements, or other arrangements are subject to this Act and the National Parks Act 1980
85: Registration of instruments
1: Any instrument presented for registering an interest in land that affects Te Whenua Taurikura must be certified by a person authorised by the Director-General as—
a: having the agreement of Te Tōpuni Kōkōrangi (or the trustees if clause 6(1)
b: being a minor technical matter that does not require the agreement of Te Tōpuni Kōkōrangi (or the trustees if clause 6(1)
2: Despite the registration of land in the name of Te Kāhui Tupua, the Registrar-General may register an interest in land that affects Te Whenua Taurikura, provided it has been certified in accordance with subsection (1).
3: The Registrar-General is entitled to rely on the certification given under subsection (2).
4: Subsection (1) does not apply to a written application made under section 62(1) 69(2) 77(1)(a) or (2)(a) 78(1)
6: Protections under Crown Minerals Act 1991
86: Meaning of terms used in this subpart
In this subpart,— minimum impact activity section 2(1) Minister appropriate Ministers section 2(1) vested minerals section 68
87: Existing protection of Te Whenua Taurikura to be retained
1: This section applies despite the vesting in Te Kāhui Tupua of the fee simple estate in Te Whenua Taurikura.
2: Te Whenua Taurikura continues to be land—
a: that is excluded from the operation of any minerals programme; and
b: that cannot be included in any permit issued under the Crown Minerals Act 1991
3: The minerals programmes are amended by replacing every reference to the Egmont National Park and Mount Egmont National Park with a reference to Te Papa-Kura-o-Taranaki.
4: Subject to sections 89 115(1)(c)
a: no person may access Te Whenua Taurikura under section 49 50
b: the appropriate Minister must not accept or grant an application for an access arrangement in respect of Te Whenua Taurikura under the Crown Minerals Act 1991
5: Subsection (4) also applies to any commercial use of the vested minerals.
6: Every person who must serve a notice under section 59
88: Additional protections for Te Whenua Taurikura
1: This section applies if, after the effective date, the protections referred to in section 87
2: The permitting arrangements under the Crown Minerals Act 1991
3: No person may, without first requesting and receiving written authorisation from Te Tōpuni Kōkōrangi,—
a: carry out prospecting, exploration, or mining of the vested minerals in or on Te Whenua Taurikura; or
b: purport to change the ownership of those minerals.
4: No person may access Te Taurikura under section 49 50
5: No Minister may enter into an access arrangement under the Crown Minerals Act 1991
89: Continuing use of industrial rocks and building stones
1: The Director-General may,—
a: under section 8(2)
b: under section 50(2) section 50(1)
2: This section applies despite—
a: the vesting of land in Te Kāhui Tupua under section 59(2) section 65(2)
b: the authorisation required for certain activities under section 88(3)
90: Joint decisions in respect of vested minerals
1: Applications for the prospecting, exploring, or mining of any vested minerals that require an application for a concession or an authorisation under the National Parks Act 1980 must be determined by applying the joint decision-making process set out in section 103 clauses 4 5
2: An application of the kind described in subsection (1) does not apply to—
a: the taking of cultural minerals under section 115
b: the use of industrial rocks and building stones under section 89
7: Miscellaneous
91: Application of other enactments to Te Papa-Kura-o-Taranaki
1: Except as provided in sections 61
a: limit section 10 11
b: affect other rights to subsurface minerals within Te Whenua Taurikura.
2: Nothing in Part 4A Public Works Act 1981
3: Nothing in Te Ture Whenua Maori Act 1993
4: Section 11 Part 10
a: the vestings by sections 59(2) 65(2)(c)
b: any matter incidental to, or required for the purpose of, those vestings.
92: Certain enactments do not apply
1: The following enactments cease to apply to Te Whenua Taketake:
a: Part 3
b: sections 568 570
c: Part 3
d: sections 27A 27C
e: sections 8A 8HJ
2: The Registrar-General must ensure that no resumptive memorial recorded under an enactment listed in subsection (1) is entered on the record of title for Te Whenua Taketake.
93: Statutory memorials
The Registrar-General must ensure that statutory memorials recorded under a repealed enactment are not entered on the record of title for Te Whenua Taurikura.
7: Te Papa-Kura-o-Taranaki
1: He Kawa Ora mō Te Papa-Kura-o-Taranaki
94: He Kawa Ora mō Te Papa-Kura-o-Taranaki
1: There must be a national park management plan, to be called He Kawa Ora mō Te Papa-Kura-o-Taranaki (He Kawa Ora), prepared and approved in a manner that is consistent with—
a: the National Parks Act 1980
b: this Act.
2: He Kawa Ora must provide for the management of Te Papa-Kura-o-Taranaki in a manner that is consistent with—
a: this Act; and
b: Te Ruruku Pūtakerongo; and
c: the National Parks Act 1980
3: He Kawa Ora has the same status and effect as a national park management plan prepared under the National Parks Act 1980
95: Responsibility for preparing He Kawa Ora
Te Tōpuni Kōkōrangi must oversee the preparation of a draft He Kawa Ora, but may appoint a committee for that purpose.
96: Further requirements relating to He Kawa Ora
Further provision is made in Schedule 3
2: Operational management of Te Papa-Kura-o-Taranaki
97: Matters relevant to operational management of Te Papa-Kura-o-Taranaki
1: The Director-General is responsible for the operational management of Te Papa-Kura-o-Taranaki, subject to—
a: the requirements of subsection (2); and
b: any arrangement that the Director-General and the trustees may agree in discussions held under section 99(2)
2: The operational management of Te Papa-Kura-o-Taranaki must be undertaken in a manner that is consistent with—
a: this Act and Te Ruruku Pūtakerongo, including Te Kāhui Tupua status and Ngā Pou Whakatupua; and
b: the National Parks Act 1980
c: He Kawa Ora; and
d: other legislation and planning documents provided for under legislation such as a conservation management strategy or general policy for national parks.
98: Aspirations of Ngā Iwi o Taranaki
1: The aspirations of Ngā Iwi o Taranaki for the operational management of Te Papa-Kura-o-Taranaki are as follows:
a: to enhance the capacity and capability of Ngā Iwi o Taranaki to fulfil their responsibilities as uri of Te Kāhui Tupua; and
b: to participate in the operational management of Te Papa-Kura-o-Taranaki in partnership with the Director-General; and
c: to explore opportunities for projects and partnerships of interest and benefit to both the Director-General and Ngā Iwi o Taranaki.
2: Ngā Iwi o Taranaki and the Director-General must work together in partnership to support the achievement of those aspirations.
99: Achieving aspirations of Ngā Iwi o Taranaki
1: The Director-General and Ngā Iwi o Taranaki must discuss how to achieve the aspirations of Ngā Iwi o Taranaki for the operational management of Te Papa-Kura-o-Taranaki.
2: Early in the annual operational management planning process, the Director-General must meet with the trustees to—
a: discuss priorities, including the statement of priorities of Te Tōpuni Kōkōrangi for the next operational management year; and
b: discuss planned operational management activities; and
c: explore opportunities to work together on projects and in partnerships of benefit to both the Director-General and the trustees; and
d: explore opportunities for Ngā Iwi o Taranaki to develop their capacity and capability to fulfil their responsibilities as uri of Te Kāhui Tupua through participation in operational management activities; and
e: explore other opportunities to enhance conservation and cultural outcomes.
3: If projects, partnerships, or participation arrangements are agreed under subsection (2)(c) or (d), the Director-General must use section 53(2)(i)
100: Role of Te Tōpuni Kōkōrangi in planning of operational management
1: Te Tōpuni Kōkōrangi must, on behalf of Te Kāhui Tupua, participate in the operational management of Te Papa-Kura-o-Taranaki.
2: Before beginning the annual operational management planning process, Te Tōpuni Kōkōrangi must—
a: meet with the Director-General to discuss operational management issues and priorities for the year ahead (the operational management year); and
b: consider and determine priorities for implementing He Kawa Ora for the operational management year; and
c: provide a statement of those priorities to the Director-General.
3: The Director-General may discuss the statement of priorities with Te Tōpuni Kōkōrangi—
a: at any stage during the annual operational management planning process; or
b: during the operational management year to which the statement applies.
101: Reporting to Te Tōpuni Kōkōrangi on operational management
1: After each operational management year, the Director-General must provide a report to Te Tōpuni Kōkōrangi on—
a: implementing He Kawa Ora for that operational management year; and
b: how the statement of priorities has been reflected in the operational management for that year; and
c: the total amount of concession revenue and other rents, fees, and royalties and how those have been applied for the benefit of Te Papa-Kura-o-Taranaki; and
d: any part of the statement of priorities that has not been reflected in the operational activities for the year, and the reasons for that.
2: The concession revenue and other rents, fees, and royalties referred to in subsection (1)(c) are those paid under an authorisation for an activity within Te Papa-Kura-o-Taranaki in accordance with section 103
3: Te Tōpuni Kōkōrangi must consider the Director-General’s report and report to the Director-General and other parties as appropriate on—
a: the effectiveness of the implementation of He Kawa Ora for that operational management year; and
b: the extent to which the statement of priorities has been reflected in the operational management for that year.
4: Te Tōpuni Kōkōrangi may make recommendations to the Director-General that it considers appropriate.
5: If Te Tōpuni Kōkōrangi makes recommendations, the Director-General and Te Tōpuni Kōkōrangi must—
a: discuss those recommendations; and
b: consider how the future operational management of Te Papa-Kura-o-Taranaki may be informed by those recommendations.
6: The Crown continues to have a discretion as to the amount of its contribution to the operational management of Te Papa-Kura-o-Taranaki, but that amount must include an amount equivalent to the concession revenue and other rents, fees, and royalties received under section 103
102: Tendering of contracts for services within Te Papa-Kura-o-Taranaki
1: Before the effective date, the Director-General and the trustees must discuss—
a: whether any certain categories of contracting opportunities are not of interest to Ngā Iwi o Taranaki and will therefore not require action under subsection (3); and
b: the types of contracting opportunities for which the tendering process might be modified; and
c: reasonable time frames within which the trustees must respond to any proposals.
2: After that discussion, the Director-General and the trustees—
a: must agree in writing how to deal with those matters; and
b: may review the agreement from time to time.
3: At any time when the Director-General is tendering contracting opportunities or considering contracting third parties for services within Te Papa-Kura-o-Taranaki, the Director-General must notify the trustees of the contract being tendered in accordance with any agreement reached under subsection (2).
4: This section is subject to compliance with—
a: the normally accepted processes of procurement; and
b: the relevant law. Other matters relevant to operational management
103: Applications for activities within Te Papa-Kura-o-Taranaki
1: Subject to the process set out in Schedule 4 Conservation Act 1987 National Parks Act 1980
a: Part 3B
b: sections 49
2: The process set out in Schedule 4 clauses 4 9
a: is on the same terms and conditions as the interest in Te Whenua Taurikura being renewed; and
b: is consistent with He Kawa Ora; and
c: meets the contractual requirements for a valid right of renewal.
3: In this subpart, application clause 1
104: Concession revenue
Concession revenue for an activity within Te Papa-Kura-o-Taranaki must be—
a: paid into a Crown Bank Account; and
b: be applied within, and for the benefit of, Te Papa-Kura-o-Taranaki.
105: New roads within Te Papa-Kura-o-Taranaki
Before the Minister of Conservation gives consent under section 55
106: Introduction of biological control organisms
Before the Minister of Conservation may approve the introduction of a biological control organism into Te Papa-Kura-o-Taranaki for the purpose of controlling plant or animal pests under section 5A(1)
a: meet the requirements of section 5A(2) and (3)
b: consult Te Tōpuni Kōkōrangi and have regard to its views.
107: Introduction of live aquatic life
Before the Minister of Conservation approves live aquatic life that is not endemic to the location to be introduced into Te Papa-Kura-o-Taranaki under section 26ZM(3)
a: meet the requirements of section 26ZM(4)
b: consult Te Tōpuni Kōkōrangi and have regard to its views.
108: Specially protected areas
1: The Minister of Conservation may recommend to the Governor-General that a specially protected area be established within Te Papa-Kura-o-Taranaki under section 12(1)
a: if the specially protected area is provided for in He Kawa Ora; or
b: with the agreement of Te Tōpuni Kōkōrangi, if He Kawa Ora does not provide for the specially protected area.
2: A specially protected area within Te Papa-Kura-o-Taranaki may be altered or cancelled, but only after the Minister has consulted Te Tōpuni Kōkōrangi. Administrative and procedural decisions
109: Decisions on interests in Te Whenua Taurikura
1: Te Tōpuni Kōkōrangi and the Minister must jointly make decisions that would otherwise be made by the Minister under Part 3B National Parks Act 1980
2: However, despite subsection (1), the administrative and procedural decisions set out in section 110
110: Decisions that are responsibility of Minister of Conservation
Despite the provisions in this Act and provisions in Te Ruruku Putākerongo that provide for the Minister of Conservation and Te Tōpuni Kōkōrangi to act jointly in relation to Te Papa-Kura-o-Taranaki ( see section 29(i) clause 5
a: to return an application to the applicant under section 17SA 17SD(4)
b: to publicly notify an application for a lease or licence under section 17SC(1)
c: to give an applicant reasonable time to comment on information given to the applicant under section 17SE(2)
d: to require a concessionaire to provide a complete statement of their audited financial accounts and other relevant information under section 17ZB(1)
e: to vary the terms of a concession, as long as the variation (or amendment) under section 17ZC(3)(a) section 17ZC(1)
f: executing an instrument in accordance with section 17ZC(4)
g: to cancel the grant of a concession under section 17ZD(1)
h: to direct, in accordance with section 17ZD(3)
i: to consent to the transfer or assignment of an interest in a concession under section 17ZE
i: the sale or other disposition of any interest in the concession to a third party; or
ii: a change of control within a concessionaire company that would represent more than 50% in the shareholding of the company:
j: to serve a demand for payment on a concessionaire under section 17ZH(c)
k: to exempt a concessionaire, or grant relief, from paying an amount apportioned for the use of services or facilities under section 17ZH(f)
8: Redress to assist Ngā Iwi o Taranaki to reconnect with tūpuna maunga
1: Taonga tūturu
111: Application and interpretation
1: This subpart applies to taonga tūturu newly found within Te Papa-Kura-o-Taranaki on or after the effective date.
2: In this subpart,— chief executive taonga tūturu
a: has the meaning given in section 2(1) of the Protected Objects Act 1975
b: includes ngā taonga tūturu as defined in that section of that Act.
112: Newly found taonga tūturu
1: Te Kāhui Tupua must be treated as a registered collector of newly found taonga tūturu for the purposes of section 14 of the Protected Objects Act 1975
2: Te Tōpuni Kōkōrangi must act for and on behalf of Te Kāhui Tupua under this subpart.
3: Taonga tūturu must be held in the interim custodianship of Te Kāhui Tupua until the ownership of the newly found taonga tūturu is determined under the Protected Objects Act 1975
4: Subsection (3)
5: Te Tōpuni Kōkōrangi must, in accordance with section 11(3) of the Protected Objects Act 1975
6: The chief executive must notify Te Tōpuni Kōkōrangi of newly found taonga tūturu that is in the custody of the chief executive or that has been notified to the chief executive.
7: At the time when notice is given under subsection (5) or (6) section 11 of the Protected Objects Act 1975
113: Costs associated with conservation, storage, etc
1: The chief executive must meet the costs, as agreed with Te Tōpuni Kōkōrangi,—
a: associated with the remedial conservation or preservation of taonga tūturu to which this subpart applies; but
b: excluding costs associated with the storage and security of those taonga tūturu, unless otherwise provided for under section 11(4) of the Protected Objects Act 1975
2: The Director-General may be asked to meet the costs of security or storage for taonga tūturu newly found in Te Papa-Kura-o-Taranaki if—
a: section 112(4)
b: the chief executive has not agreed to meet the costs under subsection (1); and
c: the taonga tūturu is not being held on behalf of Te Kāhui Tupua by another person or body such as an iwi, or the trustees; and
d: no other suitable arrangement can be made for the custody, storage, and security of the taonga tūturu.
2: Cultural materials
114: Interpretation
In this subpart,— authorisation section 115 cultural materials
a: plants or plant materials:
b: taonga tūānuku:
c: dead protected wildlife dead protected wildlife Wildlife Act 1953 plant section 2 plant materials possessing dead protected wildlife riverbed taking for cultural purposes
a: in relation to all cultural materials (including taonga tūānuku), taking for non-commercial cultural purposes; and
b: in relation to taonga tūānuku,—
i: searching by hand for taonga tūānuku within the boundaries of Te Papa-Kura-o-Taranaki; and
ii: removing by hand taonga tūānuku from within the boundaries of Te Papa-Kura-o-Taranaki; and
iii: removing other minerals by hand if bound to taonga tūānuku and removal is reasonably necessary for working the taonga tūānuku; but
c: in relation to taonga tūānuku, that a person must not,—
i: on any day, remove more than the person can carry by hand in 1 load without assistance; or
ii: use machinery or cutting equipment to remove the taonga tūānuku. Authorisations to take materials within Te Papa-Kura-o-Taranaki
115: Authorisation to take cultural materials
1: The trustees, or a post-settlement governance entity with delegated authority from the trustees, may issue written authorisations to individual members of Ngā Iwi o Taranaki to do the following within Te Papa-Kura-o-Taranaki:
a: take plant materials:
b: possess dead protected wildlife:
c: take taonga tūānuku.
2: An authorisation must be issued in accordance with—
a: He Kawa Ora; and
b: the cultural materials plan.
3: A person may exercise a right under subsection (1) despite not having any authorisation required by conservation legislation (but subject to any requirements in relation to a specially protected area; see section 108
4: An authorisation may be issued—
a: without the requirement for a permit or other authorisation under the Crown Minerals Act 1991
b: despite sections 4(2)(b) 5 60(1)(d) and (h) 71D(1)(d) and (h)
5: A person exercising a right authorised under this section must comply with all other lawful requirements.
6: To avoid doubt, an authorisation issued under this section must not permit the hunting or killing of live wildlife, within Te Papa-Kura-o-Taranaki, under the Wildlife Act 1953 Cultural materials plan
116: Requirement for cultural materials plan
1: The trustees and the Director-General must jointly prepare and agree a cultural materials plan to provide for—
a: taking for cultural purposes plant material and taonga tūānuku found within Te Papa-Kura-o-Taranaki; and
b: possessing dead protected wildlife found within Te Papa-Kura-o-Taranaki.
2: The trustees and the Director-General must begin to prepare the first cultural materials plan not later than 12 months after the effective date, or at a later date that the trustees and the Director-General agree.
117: Scope of cultural materials plan
1: The cultural materials plan for Te Papa-Kura-o-Taranaki must—
a: provide a statement on behalf of Ngā Iwi o Taranaki in relation to cultural materials; and
b: identify species, areas, and methods that are permitted when taking plant materials for cultural purposes; and
c: identify the scope of what is permitted for possessing dead protected wildlife; and
d: identify any monitoring requirements for taking plant materials for cultural purposes; and
e: in relation to taking taonga tūānuku for cultural purposes, identify suitable riverbed areas, the methods permitted, and the quantities of taonga tūānuku that may be taken from those areas; and
f: include any other matters relevant to—
i: taking plant materials or taonga tūānuku; or
ii: possessing dead protected wildlife.
2: In addition, the plan must specify—
a: any suitable areas within Te Papa-Kura-o-Taranaki for taking taonga tūānuku for cultural purposes if particular taonga tūānuku are not found in, or are not reasonably accessible from, riverbeds within Te Papa-Kura-o-Taranaki; and
b: the methods permitted for taking taonga tūānuku for cultural purposes from those areas and the quantities that may be taken; and
c: other agreed conditions of access.
118: Review of cultural materials plan
1: The trustees and the Director-General must begin to review the first cultural materials plan not later than 2 years after its approval, or at a later date that the trustees and the Director-General agree.
2: Subsequent reviews of the plan may begin when the trustees and the Director-General agree, but at intervals of not more than 5 years following completion of the previous review.
119: Resolution of conservation issues
1: This section applies if the trustees or the Director-General identify a conservation issue arising from or affecting, under the cultural materials plan,—
a: the taking of plant materials or taonga tūānuku; or
b: the possessing of dead protected wildlife.
2: The trustees and the Director-General must work together to develop solutions for the issue, which may include—
a: the Director-General considering placing restrictions on persons who would otherwise be permitted by the plan to take plant materials or taonga tūānuku, or possess dead protected wildlife:
b: the trustees considering restricting the number of authorisations granted to take plant materials or taonga tūānuku, or possess dead protected wildlife:
c: the trustees and the Director-General agreeing to amend the cultural materials plan.
3: If the Director-General is not satisfied that a conservation issue has been appropriately dealt with under subsection (2),—
a: the Director-General may give notice to the trustees that any specified part of the cultural materials plan is suspended; and
b: on and from the date given in the notice, section 115(3)
4: If the Director-General takes action under subsection (3), the trustees and the Director-General must continue to seek to resolve the conservation issue, so that the Director-General is able to revoke the suspension as soon as practicable.
120: The Crown’s rights
This subpart does not restrict the Crown from exercising its powers and performing its functions and duties in accordance with the Crown Minerals Act 1991
9: Governance and other matters
1: Taranaki Māori Trust Board
121: Dissolution of Taranaki Māori Trust Board
1: The Trust Board is dissolved on the latest of the following dates:
a: the effective date:
b: the date on which the final order made by the Māori Land Court (the final order
c: the date on which the final order of the Māori Land Court takes effect—
i: to transfer to other persons the administration of all Māori freehold land administered by the Trust Board as a responsible trustee; or
ii: to remove the Trust Board as a responsible trustee of such land:
d: the date on which the final order made by the Māori Land Court takes effect to vest in other persons all the shares in the Parininihi ki Waitotara Incorporation held in the name of the Trust Board:
e: the date on which the Minister for Māori Development presents the final report for the Trust Board to the House of Representatives under section 123(3)
2: A person holding office as a member of the Trust Board immediately before the commencement date of this Act is not entitled to compensation as a result of the expiry under this section of the member’s term of office.
122: Dissolution of Taranaki Māori Educational Trust and removal from register
1: The Taranaki Māori Educational Trust is dissolved on the same day as the Trust Board is dissolved under section 121
2: The Taranaki Māori Educational Trust must be removed from the register of charitable entities under section 31
3: This section applies despite anything in the Charities Act 2005
123: Final report of Trust Board
1: As soon as practicable after the commencement date of this Act, the Trust Board must prepare a final report as if it were an annual report required by section 31
2: The final report must show the financial results of the Trust Board’s affairs during the period starting on the day after the last day covered by the previous annual report and ending on the day before the commencement date of this Act.
3: As soon as practicable after the final report is completed, the Trust Board must provide it to the Minister for Māori Development, who must present it to the House of Representatives as soon as practicable after receiving it.
4: The report presented to the House of Representatives must confirm that the Trust Board has no assets or liabilities.
124: Matters not affected by transfer or dissolution
Nothing given effect to, or authorised by, this subpart—
a: places any person in breach of a contract or confidence, or makes them guilty of a civil wrong; or
b: gives rise to a right for any person to terminate or cancel any contract or arrangement, to accelerate the performance of an obligation, to impose a penalty, or to increase a charge; or
c: places any person in breach of an enactment, rule of law, or contract that prohibits, restricts, or regulates the assignment or transfer of an asset or a liability or the disclosure of information; or
d: releases a surety wholly or in part from an obligation; or
e: invalidates or discharges a contract.
2: Repeals and consequential amendments
125: Repeal of Mount Egmont Vesting Act 1978
The Mount Egmont Vesting Act 1978 2025-02-02 Mount Egmont Vesting Act 1978
126: Amendment to Maori Trust Boards Act 1955
1: This section amends the Maori Trust Boards Act 1955
2: Repeal section 9 Comes into force on the day after the date on which the Taranaki Maori Trust Board is dissolved (in accordance with s 121(1)). Maori Trust Boards Act 1955
127: Consequential amendments
Amend the enactments specified in Schedule 5 2025-02-02 Conservation Act 1987 National Parks Act 1980 Public Audit Act 2001 Public Finance Act 1989 Taranaki Harbour Board Empowering Act 1924 Taranaki Harbours Board Empowering Act 1955 Wellington Bishopric Endowment Trust (Church of England) Act 1929 Egmont National Park Bylaws 1981 Electoral (Iwi Organisation and Other Māori Organisation) Regulations 2018 Maori Trust Boards Regulations 1985 National Parks (Infringement Offences) Regulations 2019