Whakatōhea Claims Settlement Act 2024

1: Title
This Act is the Whakatōhea Claims Settlement Act 2024.
2: Commencement
This Act comes into force on the day after Royal assent.
1: Preliminary matters, historical account, acknowledgements and apology, and settlement of historical claims
Preliminary matters
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and apology given by the Crown to Whakatōhea in the deed of settlement; and
b: to give effect to certain provisions of the deed of settlement that settles the historical claims of Whakatōhea.
4: Provisions to take effect on settlement date
1: The provisions of this Act take effect on the settlement date unless stated otherwise.
2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—
a: the provision to have full effect on that date; or
b: a power to be exercised under the provision on that date; or
c: a duty to be performed under the provision on that date.
5: Act binds the Crown
This Act binds the Crown.
6: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
2: This Part—
a: sets out the purpose of this Act; and
b: provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and
c: specifies that the Act binds the Crown; and
d: sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Whakatōhea, as recorded in the deed of settlement; and
e: defines terms used in this Act, including key terms such as Whakatōhea and historical claims; and
f: provides that the settlement of the historical claims is final; and
g: provides for—
i: the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
ii: a consequential amendment to the Treaty of Waitangi Act 1975
iii: the effect of the settlement on certain memorials; and
iv: the exclusion of the limit on the duration of a trust; and
v: access to the deed of settlement.
3: Part 2
a: cultural redress that does not involve the vesting of land, namely—
i: protocols for Crown minerals, primary industries, and taonga tūturu on the terms set out in the documents schedule; and
ii: a statutory acknowledgement by the Crown of the statements made by Whakatōhea of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement, together with deeds of recognition for all of the statutory areas; and
iii: the provision of official geographic names; and
b: cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties; and
c: the joint management of 4 reserves (2 owned by the trustees and 2 owned by Ōpōtiki District Council) by a body with members appointed by the trustees and Ōpōtiki District Council; and
d: provisions relating to the Bay of Plenty conservation management strategy and the inclusion of the Whakatōhea chapter in it; and
e: provisions that enable access to certain cultural materials.
4: Part 3
a: the transfer of commercial redress properties and deferred selection properties to the trustees; and
b: a right of first refusal over RFR land; and
c: an exclusive right for 20 years to apply for coastal permits for aquaculture activities in a reserved area of the coastal marine area.
5: Part 4
a: the establishment of the Whakatōhea Kaitiaki Forum; and
b: provision for joint management agreements with councils.
6: Part 5
7: There are 4 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3
d: Schedule 4 Summary of historical account, acknowledgements, and apology of the Crown
7: Summary of historical account, acknowledgements, and apology
1: Section 8
2: Sections 9 10
3: The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.
4: Whakatōhea have applied traditional knowledge labels to the historical account recorded in part 2 of the deed of settlement.
8: Summary of historical account
Te reo Māori
1: Nō te Mei o 1840 tokowhitu ngā rangatira o Te Whakatōhea i haina i Te Tiriti o Waitangi
2: Nō te tau atutanga o te ope tauā a te Karauna ki Tauranga i te tīmatanga o te tau 1864, ka uru atu a Te Whakatōhea ki te ope tauā ki te taha o wētahi atu iwi hai haumitanga mō te Kīngitanga. Ka hinga te ope tauā a te iwi, ā ka patua ko ngā rangatira o Te Whakatōhea ko Te Āporotanga, ko Apanui, ko Tūtakahiao rātou ko Mikaere Pihipihi, nā konā i noho pōhara a Te Whakatōhea i te parekuratanga o ōna rangatira.
3: Nō te Poutu-te-rangi 1865, i tāwharonatia a Te Wākana, o te Haahi Mihinare, i Ōpōtiki i muri iho o te huihuinga i karangatia e ngā āpōtoro o te Pai Mārire nāna nei i whakahau ai kia whakamatea ia. Kīhai i tutuki te tohe a ngā rangatira o Te Whakatōhea, kia ora tonu a Te Wākana. Nā te Karauna te whakapae nā Te Whakatōhea a Te Wākana i patu kia mate.
4: Whai muri iho i te whakaputanga o te ture hoia i kōkiritia whakaeketia e te ope tauā a te Karauna te rohe o Te Whakatōhea i te marama o Hepetema 1865. Tokomaha ngā uri o Te Whakatōhea i patua kia mate e te ope tauā, tae atu hoki ki te hunga kīhai i hāpai ake i te rākau a Tūmatauenga ki te pakanga pērā i a Tio Te Kāhika. Whai muri iho i te whakauenga riri ki Te Tarata, i tanumia e ngā hoia a te Karauna ngā ika ā Tū i hinga nō Te Whakatōhea ki roto ki tētahi rua tūpāpaku kaitā rawa me te kore he tohu whakamaumaharatanga. Ko ngā uri o Te Whakatōhea i hinga i tata te eke o te kaute ki te tekau ōrau o te iwi katoa.
5: Ko tā ngā hoia i whai ko te urupatu; ko te whānako, ko te tūkino me te takakino i ngā māra, ngā kararehe, ngā whare, ngā taputapu me ngā taonga. I mukua kia kore te ohaoha me te hanganga ā iwi o Te Whakatōhea.
6: Nō te tau 1866 i whakatauhia i hara, i whakamatea anō hoki a Te Mokomoko, he rangatira nō Te Whakatōhea, mō te kōhuru i a Te Wākana. I mau tonu a Te Mokomoko he harakore nōna tae atu ki te kōhurutanga i a ia, ā i whakaara ake ngā pātai e pā ana ki ngā taunakitanga a te Karauna. I tanumia te tūpāpaku o Te Mokomoko ki roto ki te whare herehere tonu, ā nō te tau 1989 kātahi anō ka whakahokia a ia ki tana whanau. Nō te tau 1992 i unuhia ōna hara e te Kāwana Tianara mā te whakapāhatanga kore herenga, engari nā te korenga o te Karauna ki te whai tohutohu mai i Te Whānau a Mokomoko mō te takotoranga ā kupu o te whakapāhatanga, ka pā anō te mamae pōuri ki te whānau.
7: Nō te tau 1866 nā te Karauna i raupatu te nuinga o te roi o te whenua a Te Whakatōhea. Ka wāwāhia e te Karauna ko te Ōpape Native Reserve ki runga ki ngā whenua i raupatutia i a Ngāti Rua, me te ā haere i ngā uri o wētahi atu hapū o Te Whakatōhea me te whakanoho i a rātou ki reira. Ko te nuinga o Te Whakatōhea i panaia taurekarekatia i wō rātou whenua tipu, awa, maunga me ngā wāhi tapu whāia ka ngaro ngā kōrero tuku iho o reira.
8: Ko te kōtitanga a Te Kōti Kamupeihana ki Ōpōtiki i te tau 1867 i whakaae kia tuku i te taitara takitahi ki ngā whenua o Te Whakatōhea ki ngā kaikerēme i waimaria. He Kaikōmihana Motuhake i whakatau ā-waho-o-te-kōti i wētahi whakataunga me wētahi uri takitahi me ngā rōpū o Te Whakatōhea.
9: Nō te tau 1869 i whāia rawatia a Te Kooti me tana iwi Ringatū e te ope tauā a te Karauna puta i te rohe o Te Whakatōhea. I whānakotia e te ope tauā a te Karauna ngā māra, i tahuna ko ngā whare me te kōhuru i ngā tāngata o Te Whakatōhea i mauhereheretia ai.
10: Nā te Kōti Whenua i whakatakitahitia ai ngā taitara ki te toenga o ngā whenua a Te Whakatōhea, me te tāpara anō i ngā utu rūrī me ngā utu kōti. Nā te Karauna i hoko te nuinga o wēnei whenua, nā ngā uri o Te Whakatōhea i hoko atu ngā whenua hai utu i ngā nama me te whāngai i wā rātou whānau. Anā, he mea tango anō wētahi anō o ngā toenga whenua raro i ngā mahi tango whenua ā ture a te Karauna. I tata whenua kore a Te Whakatōhea, i tata raupatutia te nuinga o tā rātou ohaohatanga me te raupatu i ngā tūtohu whenua tapu; he pou whenua; he pou kōrero; he pou tangata; he pou oranga.
11: Ko te patunga i te ora o te taiao i ngā mahi tope rākau a te Pākehā, te ahuwhenua, te tūkinotanga i ngā awa me ngā moana ki te paitini i tūkinotia ai ngā pātaka kai me ngā mahinga kai a Te Whakatōhea.
12: He mea uaua kia ora a Te Whakatōhea ā ōhanga i te korenga e rite te whenua mōmona e tika ana me te itinga rawa iho o te āheinga ki te whai mahi. I tohenihorautia e rātou ngā pānga maitanga o te rawakore, hui katoa ko ngā nōhanga whare karukaru me ngā māuiuitanga hoki. I whakawhiua a Te Whakatōhea ki ngā mate urutā, me te kore, he iti rānei te āheinga ki ngā rātonga hauora e tika ana.
13: Nā te pūnaha mātauranga a te Karauna te whakahau kia kaha kaua te kōrerotia o te reo Māori. Ko te ture a te Karauna ko te raupatu i te kōrerotanga i te reo ki roto ki ngā kura Māori. Kei te maumahara tonu ngā kaumatua o Te Whakatōhea i ngā patunga mō te kōrero i te reo Māori ki roto ki ngā kura.
14: Nā te kore noa iho he mahi ki Ōpōtiki i mate a Te Whakatōhea i te au o te manene ki roto ki ngā taone nunui i waenganui i te rautau rua tekau. Nō te tau 2020 e iwa tekau ōrau o Te Whakatōhea kai waho atu i tō rātou rohe ake e noho wehe ana i wō rātou whanaunga, reo, tikanga, whenua hoki. English
1: In May 1840, 7 Whakatōhea rangatira signed te Tiriti o Waitangi Treaty of Waitangi
2: After Crown forces landed at Tauranga in early 1864, Whakatōhea joined other iwi in an expedition to support the Kīngitanga. The iwi expedition was defeated and Whakatōhea rangatira Te Āporotanga, Apanui, Tūtakahiao, and Mikaere Pihipihi were killed, creating a considerable leadership vacuum for Whakatōhea.
3: Carl Völkner, of the Church Missionary Society, was hanged at Ōpōtiki in March 1865, after a meeting called by visiting Pai Mārire emissaries had demanded his death. Whakatōhea rangatira unsuccessfully argued Völkner should be spared. The Crown held Whakatōhea responsible for Völkner’s death.
4: Crown forces invaded the Whakatōhea rohe in September 1865, following a declaration of martial law. The military killed many Whakatōhea, including non-combatants such as Tio Te Kāhika. After the battle at Te Tarata Pā, Crown troops buried the Whakatōhea dead in an unmarked mass grave. Whakatōhea casualties amounted to approximately 10% of the iwi population.
5: Crown troops adopted a scorched earth approach, looting, plundering, and destroying crops, animals, houses, equipment, and taonga. The Whakatōhea economy and its infrastructure were destroyed.
6: In 1866, Mokomoko, a Whakatōhea rangatira, was convicted and executed for Völkner’s murder. Mokomoko maintained his innocence to the end and questions were raised over the prosecution evidence. Mokomoko’s body was buried within prison grounds and only returned to his family in 1989. In 1992, the Governor-General granted Mokomoko a free pardon, but the Crown’s failure to consult the Mokomoko descendants on the wording of the pardon caused the whānau further pain.
7: The Crown confiscated most of the Whakatōhea productive lands in 1866. The Crown established the Ōpape Native Reserve on land confiscated from Ngāti Rua, forcing members of other Whakatōhea hapū to relocate there. Most Whakatōhea were forcibly removed from their whenua, awa, maunga, and wāhi tapu, resulting in the loss of traditional knowledge.
8: The Compensation Court, sitting in Ōpōtiki in 1867, granted successful claimants individual titles to Whakatōhea land. A Special Commissioner made out-of-court settlements with some Whakatōhea individuals and groups. These processes eroded Whakatōhea traditional land ownership, social structures, mana, and rangatiratanga.
9: In 1869 and 1870, Crown forces pursued Te Kooti and his followers through the Whakatōhea rohe. Crown troops looted crops, burned houses, and executed Whakatōhea prisoners.
10: The Native Land Court individualised the titles to the remaining Whakatōhea lands, while imposing survey and court costs. The Crown purchased most of this land, while Whakatōhea owners sold land to cover expenses and provide for their families. The Crown then acquired more of the remaining land through public works takings. Whakatōhea were left virtually landless, with most of their economic base removed, along with traditional sites that were sources of mātauranga and well-being.
11: Environmental degradation through Pākehā settlers logging, farming, and polluting the rivers and ocean severely damaged Whakatōhea traditional food sources and mahinga kai.
12: With insufficient arable land and limited work opportunities, Whakatōhea struggled to survive economically. They endured the impacts of poverty, including sub-standard housing and poor health. Whakatōhea suffered disease outbreaks, while having little access to adequate healthcare.
13: The Crown’s education system strongly discouraged the use of te reo Māori. Crown policy was to dispense with using te reo in native schools. Whakatōhea elders remember being punished for speaking Māori in school.
14: The lack of employment in Ōpōtiki forced Whakatōhea into urban migration in the mid-20th century. Ninety percent of Whakatōhea lived outside their traditional rohe by 2020, with many disconnected from their whanaunga, reo, tikanga, and whenua.
9: Acknowledgements
Te reo Māori Te hainatanga a Te Whakatōhea i te Tiriti o Waitangi
1: Ka whakaae te Karauna nō te 27 me te 28 o Mei i hainatia te Tiriti o Waitangi Ko tā Te Whakatōhea whai i te tika
2: Ka whakaae te Karauna anā—
a: hakoa ngā kī taurangi kai te Tiriti o Waitangi
b: nā te mahi whai i te tika mō wēnei nawe i ūhia he pīkaunga taumaha ki runga ki ngā whānau me ngā hapū o Te Whakatōhea, anā, ko ngā pāpātanga wōna ki te oranga tinana, oranga wairua me te oranga ohaoha o te iwi; ā
c: kāore anō kia whakatau tika i te Karauna wēnei nawe o tūāuriuri, ā, ka aua atu te wā e tatari ana ki te whakaaetanga. Ko te kōhurutanga i a Te Āporotanga
3: Ka whakaae te Karauna ko te matenga o ngā rangatira a Apanui, a Tūtakahiao, a Mikaere Pihipihi rātou ko Te Āporotanga i ngā whakauenga-riri ki ngā ope tauā a te Karauna i te marama o Āperira, i te tau 1864, he whai wāhi nui tērā ki te whakamukutanga i te mana arikitanga o roto o Te Whakatōhea. Ka whakaae te Karauna ko Te Āporotanga he rangatira nō Ngāti Rua, nō Te Whakatōhea whānui hoki, nāna i tāmoko te Tiriti o Waitangi, Ko te kōkiri whakaekenga a te Karauna ki runga o Ōpōtiki
4: Ka whakaae te Karauna; nāna i tuku hē wōna ope tauā ki te kōkiri whakaeke ki runga o Ōpōtiki me te korenga o te whakatūpato, o te whakamārama tika rānei i a Te Whakatōhea. Ko te kōkiri whakaeketanga i parahau kore, i manatika kore hoki, ā he takahi tērā i te Tiriti o Waitangi
5: Ka whakaae anō te Karauna i mate tangata, i mate whenua a Te Whakatōhea i tana kōkiri whakaeketanga ki runga o Te Whakatōhea me ana mahi tūkino pēnei i:
a: te whakapahūtanga i te pā o Pākōwhai e te Karauna me tana manuao; ā
b: te whakataurekarekatanga i ngā tūpāpaku 35 neke atu o Te Whakatōhea i mate i te kōkiri whakaeketanga ā hoiho ki te whakauenga-riri i tū ki te pātūwatawata o Te Tarata, ā nō muri mai i tanumia tokomahatia ki tētahi rua tūpāpaku kaitā rawa atu.
6: Ka whakaae te Karauna nā ngā mahi whānako me ngā mahi whakatakakino i ngā rawa katoa, i tahuri ai ngā ope tauā a te Karauna ki tāna kaupapa, arā te urupatu; ko te whakangarotanga atu tērā i te ohaoha kaha nuitanga o tērā wā i a Te Whakatōhea. Ka whakaae te Karauna i whakatakakinotia e wōna ope tauā ngā māra kai a Te Whakatōhea, i kōhurutia ngā hoiho me ngā kararehe, i tahuna ngā whare, ngā kaipuke me te mira puehu parāoa o Ngāti Ira hoki. Nā wēnei mahinga i whakatakakinotia ai ngā tikanga whakahaere i te iwi a Te Whakatōhea me tōna mana anō hoki, me te rangatiratanga o ngā hapū. Ka whakaae te Karauna nā tēnei mahinga raukeke wāna ki te mana o Te Whakatōhea, i tino tawhiti atu i tērā e tika ana mō tēra kaupapa i taua wā, ā he takahi tērā i te Tiriti o Waitangi Te kōhurutanga i a Tio Te Kāhika
7: Ka whakaae te Karauna nā ngā ope tauā o te Karauna i—
a: kōhuru a Tio Te Kāhika hakoa i mārama te tautuhi i a ia, ehara ia i te tangata hāpai ake i te rākau a Tūmatauenga ki te pakanga;
b: whakataurekareka i tōna tūpāpaku me te whānako i tōna tūpāpaku hei whakamanioro i a Te Whakatōhea;
c: kore ai i whakahoki i tōna tūpāpaku ki wōna whanaunga; ā
d: takahi wēnei mahi tūkino i te Tiriti o Waitangi Ko te tāronatanga i a Te Mokomoko me te muru i wōna hara
8: Ka whakaae te Karauna—
a: ki ngā mamae me ngā nawe i wahaina e Te Whānau a Mokomoko mō te hia whakatipuranga e pā ana ki ngā whakawhiu a te Karauna me te tāronatanga i a Mokomoko; ā
b: nā wāna mahinga kinotanga, ko te whakaparahakotanga tērā i a Mokomoko me wōna uri, me te taumaha o te whiu o te whakamā me ngā whakapae teka i pīkaungatia e Te Whānau a Mokomoko mō te hia whakatipuranga te roa.
9: Ka whakaae te Karauna nō muri mai i tana tāronatanga i te tau 1866, nāna i tanu tikanga kore te tūpāpaku o Mokomoko ki roto i ngā pātū o te whareherehere o Mautini, ā i puritia tonutia tōna tūpāpaku tae rā anō ai ki te tau 1989.
10: Ka whakaae te Karauna kīhai rawa Te Whānau a Mokomoko i tukuna kia whai wāhi ki te whakahaere i ngā tikanga o te ūhunga Māori mō Mokomoko, he whakakeke nō te Karauna ki te whakahoki i tōna tūpāpaku ki a rātou i muri mai i tana tāwharonatanga.
11: Ka whakaae te Karauna ko te Te Ture mō Mokomoko (Hei Whakahoki i te Ihi, te Mana, me te Rangatiratanga) 2013
a: i whakahokia te Ihi, te Mana me te Rangatiratanga ki a Mokomoko me te te Ihi, te Mana me te Rangatiratanga ki wōna uri; me te whakaae anō ki tērā:
b: kīhai rawa te whakapāhatanga kore herenga o te marama o Hune 1992 i whakahokia tikatia te Ihi, te Mana, me te Rangatiratanga ki a Mokomoko me wōna uri, ā
c: ko tōna tikanga me whai kupu te Karauna ki Te Whānau a Mokomoko e pā ana ki ngā tuhinga kupu mō te whakapahātanga kore herenga.
12: Ka whakaae atu anō te Karauna i takahi ia i te Tiriti o Waitangi Ngā mahinga a ngā Ope Tauā i 1870
13: Ka whakaae te Karauna nō te wā i nōhia e te ope tauā a te Karauna a Ōhiwa me Ōpōtiki me te pakanga ki a Te Kooti ki te rohe o Te Whakatōhea i 1870—
a: I whānakotia e ngā ope tauā a te Karauna ngā māra kai me ngā kararehe a Te Whakatōhea i Ōpōtiki me Ōpape;
b: I urupatutia a Te Whakatōhea e ngā ope tauā a te Karauna i Maraetahi, i Wairātā, i Waipuna hoki, i tahuna ngā whare, me tētahi whare karakia, me te whakatakakinotanga i ngā māra kai kaitā; ā
c: I kōhurutia ā turetia e ngā ope tauā a te Karauna ngā whakarau i Wairātā, i Waipuna hoki, ā tokorua hoki ngā tāne o Te Whakatōhea ko Rehara rāua ko Timoti Maruru i rārangitia o rāua ingoa ki te rārangi o te hunga i kōhurutia.
14: Nā runga i ngā whakawhiu taumaha a te Karauna i mate anō ngā tāngata o Te Whakatōhea, me te whakamōtī i wō rātou kāinga, rawa me ngā māra kai me te whakapōraruraru i tā rātou whakanana ki te whakatipu anō i tō rātou ohaohatanga i hauwareatia ai nō muri mai i te penupenutanga a te pakanga me te raupatu. Ka whakaae te Karauna he mahinga raukeke wāna ki te mana o Te Whakatōhea, i tino tawhiti atu i tērā e tika ana mō tēra kaupapa o taua wā, ā he takahi tērā i te Tiriti o Waitangi Ko ngā Kerēme Whenua Tawhito/Ngā Toenga Whenua—Ngā whenua o Pākihi
15: Ka whakaae te Karauna anā, i raro i tana ture toenga whenua i riro ai ngā whenua o Te Whakatōhea e 7,638 eka i te Karauna, i muri i te haotanga a ngā Pākehā, i te 3,840 eka o te whenua ki Pākihi, mai i ngā ringaringa o Te Whakatōhea i te 27 o Hānuere 1840 me te whakamanatanga i tērā hokotanga i te tau 1844. Ka whakaae te Karauna he takahi nōna i te Tiriti o Waitangi Ko te raupatutanga i te whenua o Te Whakatōhea me te wāhitanga i te Ōpape Native Reserve
16: Ka whakaae te Karauna anā—
a: ko te mutunga kē mai o te parahau kore me te manatika kore tāna raupatutanga me tāna mautanga ki te nuinga o te whenua e whai pānga atu ana ki a Te Whakatōhea;
b: i tāparatia e te Karauna te whakawhiunga taumahatanga a te raupatu, mā te whakahau kia hūnuku ngā hapū o Te Whakatōhea ki te Ōpape Native Reserve, i wāwāhingia ai ki runga ki ngā whenua taketake ake o Ngāti Rua i murua i te raupatu;
c: i tapahia te pito tāngaengae o ngā hapū, i panaia ki te Ōpape Native Reserve mai i wō rātou maunga, awa, wāhi tapu me wētahi atu whenua tipu, anā i raupatutia tō rātou tātai ki wā rātou kōrero tuku iho, whakapapa hoki;
d: nā te whakahau kia noho ngā hapū o Te Whakatōhea ki roto ki te Ōpape Native Reserve ko te Karauna te kaitātaki i te whakatutūtanga i te puehu i waenganui i ngā hapū i tā rātou pakanga mō ngā rawa mōtī noa iho nei; ā
e: ko te raupatutanga a te Karauna i te mana o Te Whakatōhea ki runga ki te nuinga o te whenua tae atu ki Ōpape, me tāna mautanga ki te nuinga o tēnei whenua raupatu, he takahi tērā i te Tiriti o Waitangi
17: Ka whakaae anō te Karauna kīhai i tika tāna whakaingoa i a Te Whakatōhea hai iwi whakakeke, ā ko te raupatutanga i te whenua, ngā taonga me wētahi anō rawa i raro i te New Zealand Settlements Act 1863, ā he whakarihariha rawa te pā kinotanga maitanga ki te oranga, ohaohatanga me te whakawhanaketanga o Te Whakatōhea, ā he whakataurekarekatanga anō nō tērā ki te mana me te mauri o te iwi, ā me te whakawhiunga anō ki te mamae me te māuiui tino nui. Ko te pānga maitanga o te Kōti Kamapeihana me ngā whakataunga o-waho-o-te-kōti
18: Ka whakaae te Karauna—
a: nā te kore i whai take o te tukanga a te Kōti Kamapeihana me ngā whakataunga o-waho-o-te-kōti i nui ai te whakahāweatanga ki a Te Whakatōhea nā runga tonu i te raupatutanga o wō rātou whenua;
b: i te nuinga o te wā i tukuna e Te Kōti Kamapeihana ngā whenua i raupatutia mai i Te Whakatōhea ki te tangata takitahi kaua ki te hapū, ehara tēnei i te tika e ai ki te tikanga, mana whenua. I pūkaitia te pūnaha o Te Kōti Kamapeihana ki runga i a Te Whakatōhea me te kore whai kupu atu ki Te Whakatōhea; ā
c: ki te pānga maitanga o te Kōti Kamapeihana me ngā whakataunga o-waho-o-te-kōti i whakatānoanoatia ko te noho tūturu a te Māori me ngā tikanga a te iwi, te mana, me te rangatiratanga o Te Whakatōhea. Kīhai te Karauna i mātua tiaki tika i Te Whakatōhea i te pānga kino maitanga o wēnei tukanga, ā he takahi tērā i te Tiriti o Waitangi Ko te pānga maitanga o ngā ture o Te Kōti Whenua
19: Ka whakaae te Karauna nā ngā whakahaere i ngā ture a Te Kōti Whenua i whakahāwea nuitia a Te Whakatōhea, ā—
a: ko te tukutanga i ngā whenua ki te tangata takitahi kaua ki te iwi, ki te hapū rānei, i whakangāwari ai ki te wāwahitanga, ki te wāwāhanga ki te hoko, ki te whakarere hoki i ngā whenua a Te Whakatōhea;
b: i mate a Te Whakatōhea ki te whakarere i tana whenua hai utu i ngā utu nui mō te rūrī i whiua ki a rātou e ngā whakahaere a Te Kōti Whenua; ā
c: ko te katoa o ngā whakahaere i ngā ture a Te Kōti Whenua i whakatānoanoatia ai ko te noho ā iwi tūturu a te Māori me ngā tikanga a te iwi, te mana, me te rangatiratanga o Te Whakatōhea. Kīhai te Karauna i mātua tiaki tika i Te Whakatōhea i te pānga kino maitanga o wēnei tukanga, ā he takahi tērā i te Tiriti o Waitangi
20: Ka whakaae te Karauna ko te whakature i te Native Lands Act 1862 me te 1865 i pūkai atu he pūnaha ture whenua hou me te korenga wōna e whai kupu ki a Te Whakatōhea. Kāore he huarahi ki a Te Whakatōhea atu i te whaiuru ki te pūnaha koirā anake te huarahi i taea ai te whai taitara whenua i raro i te ture hai kaupare atu i ngā kerēme a wētahi atu. Ko ngā utu mō te rūrī i te poraka o Ōamaru
21: Ka whakaae te Karauna nāna i tango e 28,825 eka o te whenua o te poraka o Ōamaru i tukuna ki Te Whakatōhea hai whakahoki mai i ngā utu mō ngā rūrī. Neke atu tēnei i te koata o te katoa o te poraka i tukuna ki Te Whakatōhea. Kātahi te hē ko tēnei tangohanga i tēnei nui o te whenua hai utu i ngā utu rūrī, ā he takahi tērā i te Tiriti o Waitangi Ko te rūrī i te poraka No.2 o Tahora
22: Ka whakaae te Karauna anā—
a: tōna whakamanatanga murihanga i te rūrī muna i a Tahora No. 2, anā i whakahaeretia me te kore i whakamanatia, ā he takahitanga tēra e ai ki ngā ture rūrī;
b: i mārama oti ia he kaha whakahē nō Te Whakatōhea ki te rūrītanga, tōna whakamanatanga me ngā kōtitanga i whāia;
c: i riro i a ia mai i a Tahora No. 2 i te tukutanga a Te Whakatōhea i te whenua hai utu i ngā utu rūrī; ahakoa he whenua i pīrangi tonutia kia mau tonu e Te Whakatōhea; ā
d: i te korenga wōna ki te mahi i runga i te tika me te pono, ā ki te tiaki marikatia ngā pānga whenua o Te Whakatōhea i pīrangi tonutia e rātou te pupuri, ā he takahi tērā i te Tiriti o Waitangi Ngā Mahi Tango Whenua a Te Kāwanatanga—Te Rua Kōhatu o Moutohorā
23: Ka whakaae te Karauna anā—
a: nā tōnā mātua tango ā ture i te rua kōhatu o Moutohorā i te tau 1937, i aukatitia te whakawhiwhinga ā pūtea ki ngā kaipānga o Whakapaupākihi No. 2 me Te Whakatōhea tonu, mai i tētahi o ngā toenga rawa i a rātou whai muri iho i te raupatu me te hokotanga whenua a te Karauna;
b: kīhai te Karauna i kōrero marikatia ki ngā kaipānga i mua i te tangohanga i wā rātou whenua, kīhai hoki i titiro ki ngā huarahi atu i te mātua tango ā ture pērā ki te whakarite, whakatau i tētahi utu mō ngā mētara mai i te rua kōhatu i tētahi utu iti iho;
c: hakoa i utua e te Karauna te kamapeihana e tika ana i raro i te ture, kīhai hoki tēnei i kamapeihanatia tikatia ngā kaipānga mō te tangohanga, ā kīhai hoki te Karauna i utu kamapeihana mō ngā whenua i tangohia, rānei hoki ko te ngarohanga o ngā utu rōera mō ngā mētara mai i te rua kōhatu i hokona atu ki te Kāwanatanga, ki ngā kaunihera ā rohe rānei; ā
d: korekore rawa te tangohanga i tika, ā i whakahāwea nuitia ngā kaipānga me Te Whakatōhea kua rongo kētia te uauatanga o te taha ōhanga, ā he takahi tērā i te Tiriti o Waitangi Ko ngā Take Pūtaiao
24: Ka whakaae te Karauna ko ngā whakarerekētanga me te paitini ki te taiao mai i te rautau tekau mā iwa kua noho hai take ngaukino, ngākau pōuri mō Te Whakatōhea. Ka whakaae te Karauna ko te tūturutanga o te taiao o te rohe o Te Whakatōhea i whakaparahakotia ki te tope ngahere e ngā horonga whenua me ngā waipuke i whāia, ki te paitini, ki te tata pau monemone o te ika i te haotanga, me te hari mai i ngā tarutaru me ngā riha rāwaho, i kōhuru kino i ngā pātaka kai me ngā mahinga kai. Whakatōhea Whenuakore
25: Ka whakaae te Karauna nā te moanatanga o wāna ture me wōna hara, hui katoa ko te raupatu, ngā tikanga hoko a te Karauna, ngā utu rūrī me te whakahaere me te whiunga o Ngā Ture Whenua, kua tata whenuakore a Te Whakatōhea. Nā konei kua ngau kino te mamae nui ki a Te Whakatōhea, kua motu te pito tāngaengae ki ngā maunga, ki ngā awa, ki ngā tūtohu whenua tapu, whāia ko te raupatutanga o ngā kōrero tuku iho a Te Whakatōhea taketake, ā i pā kinotia ai ki tō rātou whakawhanaketanga ā ohaoha, ā iwi, ā ahurea. Ko te korenga o te Karauna kia mātua whai whenua a Te Whakatōhea e rahi ake ana mō wō rātou hiahia mō te nāianei, me te ao o āpōpō hoki, ā he takahi tērā i te Tiriti o Waitangi Ko ngā take Ohaoha-ā-hāpori
26: Ka whakaae te Karauna anā—
a: he iti rawa te āhei o Te Whakatōhea ki te ratonga hauora e tika ana mō te hia kē te roa, anā, i mate nuitia ki ngā mate urutā pēnei i te mītera, mate pupuhi repe, korara, rewharewha, kohi, taipō, mate pīkaru me te niumōnia;
b: e hia kē te roa i titiro whakaparahako te tāhuhu o te mātauranga ki te āheitanga o Te Whakatōhea me te kaha aukati i te kōrerotia o te reo Māori, nā konei i āpiti atu ki te korenga o te Karauna ki te mātua tiaki i te reo Māori me te āki i tōna kōrerotiatanga e Te Whakatōhea, ā he takahi tērā i te Tiriti o Waitangi
c: nā te kore mahi me te āki a te Karauna i te hekenga ki ngā taone nunui whāia nō te tau 2020, e 90% o Te Whakatōhea ka noho manene ki waho atu o tō rātou rohe whenua ake, nā konei ko te motunga i te here ki ngā whanaunga, ki te reo me ngā tikanga.
27: Ka whakaae te Karauna nā wāna ture, nā wōna hara, he takahitanga i te Tiriti Te reo Māori
28: Ka whakaae te Karauna—
a: ki te tūkinotanga nui i whiua ki ngā tamariki a Te Whakatōhea mō te hia kē ngā tau mō te kōrero i tō rātou reo ake ki roto ki ngā kura o te Karauna; ā
b: ki te korenga o te Karauna ki te mātua tiaki i te reo Māori me te āki i tōna kōrerotiatanga e Te Whakatōhea, nā konei i pā kinotia ki te ora o te reo Māori me te iwi o Te Whakatōhea, anā ko tēnei korenga, he takahi tērā i te Tiriti o Waitangi Te Whakatōhea Tohenihorau
29: Ka whakaae te Karauna ki te tohenihorau o Te Whakatōhea i ngā whiunga taumaha kino o te manatika kore kua wahaina e rātou i ngā mahinga whakaparahako a te Karauna mai i te hainatanga a te iwi i te Tiriti o Waitangi English Whakatōhea signing of te Tiriti o Waitangi/the Treaty of Waitangi
1: The Crown acknowledges that, on the 27th and 28th of May 1840 at Ōpōtiki, 7 Whakatōhea rangatira signed te Tiriti o Waitangi Treaty of Waitangi Whakatōhea pursuit of justice
2: The Crown acknowledges that,—
a: despite the promise of te Tiriti o Waitangi Treaty of Waitangi
b: the work of pursuing justice for these grievances has placed a heavy burden on the whānau and hapū of Whakatōhea and impacted on the physical, mental, spiritual, and economic health of the people; and
c: the Crown has never properly addressed these historical grievances and recognition is long overdue. Killing of Te Āporotanga
3: The Crown acknowledges that the deaths of the rangatira Apanui, Tūtakahiao, Mikaere Pihipihi, and Te Āporotanga in fighting against Crown forces in April 1864 contributed to the loss of leadership within Whakatōhea. The Crown acknowledges that the Ngāti Rua and Whakatōhea rangatira Te Āporotanga, a signatory of te Tiriti o Waitangi Treaty of Waitangi Crown attack in Ōpōtiki in 1865
4: The Crown acknowledges that it sent forces to attack Ōpōtiki in September 1865, without sufficient prior warning or explanation to Whakatōhea. That invasion was unjustified, an injustice, and was in breach of te Tiriti o Waitangi Treaty of Waitangi
5: The Crown further acknowledges that Whakatōhea suffered a loss of life and destruction of property during its attack on Whakatōhea including such actions as—
a: bombardment of the Pākowhai settlement by a Crown warship; and
b: the desecration of the bodies of at least 35 Whakatōhea killed in the cavalry charge and subsequent fighting at Te Tarata Pā and afterwards buried by Crown forces in a mass grave.
6: The Crown acknowledges that a combination of extensive looting and destruction of property which amounted to the use of scorched earth tactics by Crown forces caused widespread devastation to Whakatōhea’s once-thriving economy. The Crown acknowledges that its forces destroyed Whakatōhea crops, killed horses and livestock, and destroyed houses, ships, and the Ngāti Ira flour mill. These actions damaged Whakatōhea’s social structure, as well as the mana and rangatiratanga of the hapū involved. The Crown acknowledges that its conduct showed reckless disregard for Whakatōhea, went far beyond what was necessary or appropriate in the circumstances, and was in breach of te Tiriti o Waitangi Treaty of Waitangi Killing of Tio Te Kāhika
7: The Crown acknowledges that—
a: Crown forces—
i: killed Tio Te Kāhika despite clearly identifying him as a non-combatant; and
ii: desecrated his body and gratuitously took possession of it to offend Whakatōhea; and
iii: failed to return his body to his relatives; and
b: these actions were a breach of te Tiriti o Waitangi Treaty of Waitangi Execution and pardon of Mokomoko
8: The Crown acknowledges—
a: the sense of grievance and pain suffered for generations by Te Whānau a Mokomoko in relation to the Crown’s treatment and execution of Mokomoko; and
b: that its actions led to the stigmatisation of Mokomoko and his descendants, and the burden of shame and culpability Te Whānau a Mokomoko have carried for generations.
9: The Crown acknowledges that it interred the body of Mokomoko without ceremony within the Mount Eden prison walls after his execution in 1866 and retained his body until 1989.
10: The Crown acknowledges that the whānau of Mokomoko were unable to perform the rites of tangi for Mokomoko due to the Crown’s refusal to return his body to them after his execution.
11: The Crown acknowledges that the Mokomoko (Restoration of Character, Mana, and Reputation) Act 2013 Te Ture mō Mokomoko (Hei Whakahoki i te Ihi, te Mana, me te Rangatiratanga) 2013
a: the free pardon of June 1992 did not expressly restore the character, mana, and reputation of Mokomoko and his uri; and
b: the Crown should have consulted with Te Whānau a Mokomoko about the wording of the free pardon.
12: The Crown further acknowledges that it breached te Tiriti o Waitangi Treaty of Waitangi Military actions in 1870
13: The Crown acknowledges that during the occupation by Crown forces of Ōhiwa and Ōpōtiki and the campaign against Te Kooti in the Whakatōhea rohe in 1870—
a: Crown forces looted Whakatōhea crops and livestock at Ōpōtiki and Ōpape; and
b: Crown forces carried out scorched earth tactics against Whakatōhea at Maraetahi, Wairātā, and Waipuna, burning whare, including a whare karakia, and destroying large quantities of crops; and
c: Crown forces summarily executed prisoners at Wairātā and Waipuna, with 2 Whakatōhea men, Rehara and Timoti Maruru, listed among the dead.
14: As a result of Crown actions Whakatōhea suffered loss of life, and the destruction of their homes, property, and cultivations, disrupting their attempts to rebuild their struggling economy after the devastation of war and raupatu. The Crown acknowledges that its conduct showed reckless disregard for Whakatōhea, went far beyond what was necessary or appropriate in the circumstances, and was in breach of te Tiriti o Waitangi Treaty of Waitangi Old land claims/surplus lands—Pakihi land
15: The Crown acknowledges that 7,638 acres of Whakatōhea land at Pakihi became Crown land under its surplus land policy, after settlers claimed 3,840 acres of Pakihi land from Whakatōhea on 27 January 1840 and confirmation of the transaction in 1844. The Crown acknowledges that it breached te Tiriti o Waitangi Treaty of Waitangi Confiscation of Whakatōhea land and creation of Ōpape Native Reserve
16: The Crown acknowledges that—
a: its confiscation and subsequent retention of a significant proportion of land in which Whakatōhea had interests was unjust and unconscionable; and
b: the Crown compounded the impact of the raupatu by requiring Whakatōhea hapū to move to the Ōpape Native Reserve, established on traditional lands of Ngāti Rua which had been included in the confiscation; and
c: those hapū the Crown forced to move to the Ōpape Native Reserve were separated from their maunga, awa, wāhi tapu, and other traditional sites and deprived of links with their history and whakapapa; and
d: by requiring Whakatōhea hapū to live within the Ōpape Native Reserve the Crown contributed to tensions between hapū as they competed for limited resources; and
e: the Crown’s extinguishment of Whakatōhea customary title over a wide area of land, including Ōpape, and its retention of most of this confiscated land were breaches of te Tiriti o Waitangi Treaty of Waitangi
17: The Crown further acknowledges that it unfairly labelled Whakatōhea as rebels and that the confiscation of land, taonga, and other resources under the New Zealand Settlements Act 1863 has had a profoundly harmful impact on the welfare, economy, and development of Whakatōhea, devastating the iwi’s mana and mauri and causing great distress and suffering. Impact of Compensation Court and out-of-court settlements
18: The Crown acknowledges that—
a: inadequacies in the Compensation Court and out-of-court settlement process exacerbated the prejudice to Whakatōhea caused by the confiscation of their lands; and
b: in most cases the Compensation Court awarded lands confiscated from Whakatōhea to individuals rather than to hapū, which was not consistent with customary tenure. The Compensation Court system was imposed on Whakatōhea without consultation with them; and
c: the impact of the Compensation Court and the Crown’s out-of-court settlements eroded the traditional social structures, mana, and rangatiratanga of Whakatōhea. The Crown failed to adequately protect Whakatōhea from the impact of these processes and this was a breach of te Tiriti o Waitangi Treaty of Waitangi Impact of Native Land laws
19: The Crown acknowledges that the operation of the Native Land laws caused great prejudice to Whakatōhea and that—
a: the awarding of lands to individuals, rather than to iwi or hapū, made Whakatōhea lands more susceptible to fragmentation, partition, and alienation; and
b: Whakatōhea had to alienate land to meet the significant survey costs imposed on them by the Native Land Court process; and
c: the overall operation of the Native Land laws eroded the traditional social structures, mana, and rangatiratanga of Whakatōhea. The Crown failed to adequately protect Whakatōhea from the impact of these processes and this was a breach of te Tiriti o Waitangi Treaty of Waitangi
20: The Crown acknowledges that in introducing the Native Lands Act 1862 and 1865 it imposed a new land tenure system without consulting with Whakatōhea. Whakatōhea had no choice but to participate in the system, which was the only means to obtain legally recognisable land title that was protected from claims by others. Oamaru block survey costs
21: The Crown acknowledges that, in lieu of survey fees, it took 28,825 acres of the Oamaru block land as awarded to Whakatōhea. This was more than a quarter of the total area of the block awarded to Whakatōhea. This was an unreasonable amount of land to take to cover survey costs and was a breach of te Tiriti o Waitangi Treaty of Waitangi Tahora No. 2 block survey
22: The Crown acknowledges that—
a: it retrospectively authorised the secret survey of Tahora No. 2, which had been conducted without approval and contrary to survey regulations; and
b: it was aware of significant Whakatōhea opposition to the survey, its authorisation, and subsequent court hearings; and
c: it acquired land from Tahora No. 2 that Whakatōhea had wished to retain, when Whakatōhea transferred land to meet the resulting survey costs; and
d: its failure to act with utmost good faith and honesty, and to actively protect Whakatōhea interests in land they wished to retain, was in breach of te Tiriti o Waitangi Treaty of Waitangi Public works—Moutohora quarry
23: The Crown acknowledges that—
a: its compulsory acquisition of the Moutohora quarry in 1937 deprived the Whakapaupākihi No. 2 owners and Whakatōhea of one of the few sources of income left to them in the aftermath of raupatu and Crown land purchasing; and
b: the Crown did not adequately consult the owners before taking their land, and failed to consider alternatives to compulsory acquisition such as attempting to negotiate a lower price for metal from the quarry; and
c: while the Crown paid the compensation required under the relevant legislation, this did not properly compensate the owners for the taking, and the Crown did not pay any compensation for the land taken or for the loss of royalties on the quarry metal sold to Government or local bodies; and
d: the taking was unnecessary, and it caused great prejudice to owners and Whakatōhea already enduring economic hardship, and was a breach of te Tiriti o Waitangi Treaty of Waitangi Environmental issues
24: The Crown acknowledges that environmental changes and pollution since the nineteenth century have been a source of distress and grievance for Whakatōhea. The Crown acknowledges that the natural environment of the Whakatōhea rohe has been degraded by deforestation and subsequent erosion and flooding, by pollution, by over-exploitation of fish and kaimoana, and by the introduction of weeds and pests, which has severely damaged traditional food sources and mahinga kai. Whakatōhea landlessness
25: The Crown acknowledges that the cumulative effect of its acts and omissions, including raupatu, Crown purchasing practices, survey costs, and the operation and impact of Native Land laws, has left Whakatōhea virtually landless. This has caused deep pain to Whakatōhea, leaving them separated from maunga, awa, and traditional sites, contributing to the loss of traditional knowledge, and has hindered their economic, social, and cultural development. The Crown’s failure to ensure that Whakatōhea retained sufficient land for their present and future needs was a breach of te Tiriti o Waitangi Treaty of Waitangi Socio-economic issues
26: The Crown acknowledges that—
a: Whakatōhea had little access to adequate healthcare over a prolonged period and that Whakatōhea suffered from diseases such as measles, mumps, cholera, influenza, tuberculosis, typhoid, catarrhal conjunctivitis, and pneumonia; and
b: for many years the education system had low expectations of Whakatōhea achievement and strongly discouraged the use of te reo Māori, and this contributed to the Crown’s failure to actively protect te reo Māori and encourage its use by Whakatōhea in breach of te Tiriti o Waitangi Treaty of Waitangi
c: the lack of employment opportunities and Crown support for urban migration encouraged a situation where, by 2020, 90% of Whakatōhea lived outside their traditional rohe, with a subsequent separation from their whanaunga, reo, and tikanga.
27: The Crown acknowledges that its acts and omissions in breach of the Treaty Te reo Māori
28: The Crown acknowledges—
a: the significant harm Whakatōhea children suffered by being punished for speaking their own language in Crown-established schools for many decades; and
b: that it failed to actively protect te reo Māori and encourage its use by Whakatōhea, which had a detrimental impact on te reo Māori and the iwi of Whakatōhea, and that this failure was a breach of te Tiriti o Waitangi Treaty of Waitangi Whakatōhea resilience
29: The Crown acknowledges Whakatōhea resilience in the face of the injustices they have endured as a consequence of Crown actions since the iwi signed te Tiriti o Waitangi Treaty of Waitangi
10: Apology
The text of the apology offered by the Crown to Whakatōhea, as set out in the deed of settlement, is as follows: Whakapāha
“(a): Ki ngā uri o Te Whakatōhea, ki ngā tīpuna me ngā mokopuna.
b: Nō te hainatanga a ngā rangatira o Te Whakatōhea i te Tiriti o Waitangi
c: Ka whakapāha te Karauna ki ngā rangatira i mate taurekarekatia i ngā ringaringa o te Karauna. Ka whakapāha te Karauna ki ngā uri o Te Whakatōhea, nāna i whakarawakore ā ohaoha, ā ahurea, ā wairua, ā kua noho matekai nā ngā mahi hara a te Karauna. Kīhai hoki te Karauna i whakatutuki i wōna oati i raro i te Tiriti o Waitangi
d: Ka whakahōnoretia e te Karauna ngā uri o Te Whakatōhea, kua tohenihorautia te tohe nui ki te whakatau tika i te hē, kua tohenihorautia te pakanga ki te pupuri, ki te whakarauora i Te Whakatōheatanga o roto i ngā whakatipuranga tangata. Mā roto mai i tēnei whakataunga, ko te tūmanako o te Karauna, ko te whakahōnore i te oati o te mahitahi nāna i kī taurangi ki a Te Whakatōhea i te tau 1840. Me kupu whakaari tātou ki te anamata o te hua rau nui ki ngā uri o Te Whakatōhea me te haere ngātahi i runga i te mahitahi o roto i te wairua o tūmanako nui me te aroha o maruwehi ki te Tiriti o Waitangi Apology
“(a): To ngā uri o Te Whakatōhea, to ngā tīpuna and ngā mokopuna.
b: When Whakatōhea rangatira signed te Tiriti o Waitangi Treaty of Waitangi
c: The Crown apologises to the rangatira who died at its hands. The Crown apologises to ngā uri o Te Whakatōhea, who have lived with economic, cultural, and spiritual loss and deprivation as a result of the Crown’s actions. The Crown has failed to uphold its obligations under te Tiriti o Waitangi Treaty of Waitang
d: The Crown pays tribute to the resilience of ngā uri o Te Whakatōhea, who have strived for justice and fought to retain and rebuild Whakatōheatanga over generations. Through this settlement, the Crown hopes to honour the promise of partnership it made with Whakatōhea in 1840. Let us look forward to a future of prosperity for the people of Whakatōhea and move towards it together in a spirit of good faith, partnership, and respect for te Tiriti o Waitangi Treaty of Waitangi Interpretation provisions
11: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
12: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2(1) appointer
a: for the joint management body for the Oroi property, has the meaning given in section 99(3)
b: for the joint management body of certain reserves under subpart 5 section 105(1)
c: for the Whakatōhea Kaitiaki Forum, has the meaning given in section 166(1) aquatic life section 2(1) area of interest attachments coastal marine area section 2(1) commercial redress property section 118 Commissioner of Crown Lands section 24AA consent authority section 2(1) conservation area section 2(1) Crown section 2(1) cultural redress property section 47 deed of recognition
a: means a deed of recognition issued under section 38
i: the Minister of Conservation and the Director-General; or
ii: the Commissioner of Crown Lands; and
b: includes any amendments made under section 38(4) deed of settlement
a: means the deed of settlement dated 27 May 2023 and signed by—
i: the Honourable Andrew James Little, Minister for Treaty of Waitangi Negotiations, and the Honourable Grant Robertson, Minister of Finance, for and on behalf of the Crown; and
ii: Kate Hudson, Graeme Riesterer, Robert Tuahuru Edwards, Bruce Pukepuke, Erin Linley Rangiwhakarewa Moore, Tahu Alfred Taia, Vaughan Raymond John Payne, and Anau Edna Apanui, for and on behalf of Whakatōhea; and
iii: Kate Hudson, Graeme Riesterer, Robert Tuahuru Edwards, Bruce Pukepuke, Erin Linley Rangiwhakarewa Moore, Tahu Alfred Taia, Vaughan Raymond John Payne, and Anau Edna Apanui, being the trustees of Te Tāwharau o Te Whakatōhea; and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed or its schedules and attachments deferred selection property section 118 Director-General documents schedule effective date historical claims section 14 interest iwi aquaculture organisation section 33(1) LINZ local authority section 5(1) mandated iwi organisation section 13(1) member of Whakatōhea section 13(1)(a) property redress schedule record of title section 5(1) Registrar-General section 5(1) representative entity
a: the trustees; and
b: any person, including any trustee, acting for or on behalf of—
i: the collective group referred to in section 13(1)(a)
ii: 1 or more members of Whakatōhea; or
iii: 1 or more of the whānau, hapū, or groups referred to in section 13(1)(c) reserve section 2(1) reserve management plan section 41 reserve property section 47 resource consent section 2(1) RFR subpart 2 RFR area section 127 RFR land section 128 settlement date statutory acknowledgement section 29 Te Tāwharau o Te Whakatōhea tikanga triennial local election Local Electoral Act 2001 trustees of Te Tāwharau o Te Whakatōhea trustees Whakatōhea Kaitiaki Forum forum section 160 Whakatōhea Māori Trust Board Board section 12 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day:
b: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday:
c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:
d: the days observed as the anniversaries of the provinces of Auckland and Wellington.
13: Meaning of Whakatōhea
1: In this Act, Whakatōhea
a: means the collective group composed of individuals who are descended from an ancestor of Whakatōhea; and
b: includes those individuals; and
c: includes any whānau, hapū, or group, including the following, to the extent that it is composed of those individuals:
i: Ngāti Rua:
ii: Ngāi Tamahaua:
iii: Ngāti Patumoana:
iv: Ngāti Ngahere:
v: Ngāti Ira:
vi: Te Ūpokorehe.
2: In this section and section 14 ancestor of Whakatōhea
a: exercised customary rights by virtue of being descended from—
i: Muriwai or Tūtāmure; or
ii: any other recognised ancestor of a group referred to in subsection (1)(c)(i) to (vi); and
b: exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840 customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources descended
a: birth; or
b: legal adoption; or
c: Māori customary adoption in accordance with Whakatōhea tikanga.
14: Meaning of historical claims
1: In this Act, historical claims
a: means the claims described in subsection (2); and
b: includes the claims described in subsection (3); but
c: does not include the claims described in subsection (4).
2: The historical claims are every claim that Whakatōhea or a representative entity had on or before the settlement date, or may have after the settlement date, and that—
a: is founded on a right arising—
i: from te Tiriti o Waitangi Treaty of Waitangi
ii: under legislation; or
iii: at common law (including aboriginal title or customary law); or
iv: from a fiduciary duty; or
v: otherwise; and
b: arises from, or relates to, acts or omissions before 21 September 1992—
i: by or on behalf of the Crown; or
ii: by or under legislation.
3: The historical claims include—
a: a claim to the Waitangi Tribunal that relates exclusively to Whakatōhea or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:
i: Wai 87—Whakatōhea raupatu claim:
ii: Wai 203—Mokomoko whānau claim:
iii: Wai 339—Hiwarau Block claim:
iv: Wai 1092—Ūpokorehe claim:
v: Wai 1433—Nepia Whānau Trust claim:
vi: Wai 1758—Roimata marae, Ūpokorehe hapū, Ngāti Raumoa Roimata Marae Trust claim:
vii: Wai 1775—Ngāti Patu claim:
viii: Wai 1781—Ngāi Tamahaua claim:
ix: Wai 1782—Ngāti Rua claim:
x: Wai 1787—Rongopopoia ki Ūpokorehe claim:
xi: Wai 1794—Turangapikitoi hapū claim:
xii: Wai 1795—Ngāti Rua claim:
xiii: Wai 1827—the descendants of Rangihaerepō claim:
xiv: Wai 1884—Ngāti Ngahere claim:
xv: Wai 2006—Ūpokorehe and Whakatōhea claim:
xvi: Wai 2008—Pākowhai claim:
xvii: Wai 2055—Ngāi Tama of Opape claim:
xviii: Wai 2066—Ngāti Ruatakenga claim:
xix: Wai 2107—Ngāti Ngahere/Ngāti Ira claim:
xx: Wai 2160—Whakatōhea/Ngāti Muriwai claim; and
b: every other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Whakatōhea or a representative entity:
i: Wai 287—school history claim:
ii: Wai 558—Ngāti Ira o Waioweka rohe claim:
iii: Wai 864—Moutohora Quarry claim:
iv: Wai 1511—Ngāi Tamatea claim:
v: Wai 1789—descendants of Hineato Savage claim:
vi: Wai 2510—Te Kahika claim.
4: However, the historical claims do not include—
a: a claim that a member of Whakatōhea, or a whānau, hapū, or group referred to in section 13(1)(c)
b: a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).
5: A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date. Historical claims settled and jurisdiction of courts, etc, removed
15: Settlement of historical claims final
1: The historical claims are settled.
2: The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
3: Subsections (1) and (2) do not limit the deed of settlement.
4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the deed of settlement; or
c: this Act; or
d: the redress provided under the deed of settlement or this Act.
5: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act.
6: The Waitangi Tribunal,—
a: despite subsection (4)(a), has jurisdiction to complete its inquiry, and release a report, on Wai 1750—North-Eastern Bay of Plenty District inquiry,—
i: including jurisdiction to make any findings in respect of the historical claims; but
ii: excluding jurisdiction to make any recommendations in respect of the historical claims; and
b: to avoid doubt, does not have jurisdiction in respect of the matters in subsection (4)(b) to (d) in relation to that inquiry and report. Amendment to Treaty of Waitangi Act 1975
16: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3 Whakatōhea Claims Settlement Act 2024, section 15(4) to (6) 2024-06-05 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply
17: Certain enactments do not apply
1: The enactments listed in subsection (2) do not apply—
a: to a cultural redress property; or
b: to a commercial redress property; or
c: to the RFR land referred to in section 128(1)(a)
d: to land in the RFR area; or
e: for the benefit of Whakatōhea or a representative entity.
2: The enactments are—
a: Part 3
b: sections 568 to 570
c: Part 3
d: sections 27A to 27C
e: sections 8A to 8HJ
18: Resumptive memorials to be cancelled
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the record of title for, each allotment that is subject to a resumptive memorial recorded under an enactment listed in section 17(2)
a: is all or part of—
i: a cultural redress property:
ii: a commercial redress property:
iii: the RFR land referred to in section 128(1)(a)
b: is solely within the RFR area.
2: The chief executive of LINZ must issue each certificate as soon as is reasonably practicable after the settlement date.
3: Each certificate must state that it is issued under this section.
4: As soon as is reasonably practicable after receiving a certificate, the Registrar-General must—
a: register the certificate against each record of title identified in the certificate; and
b: cancel each memorial recorded under an enactment listed in section 17(2) Miscellaneous matters
19: Limit on duration of trusts does not apply
1: A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16
a: do not prescribe or restrict the period during which—
i: Te Tāwharau o Te Whakatōhea may exist in law; or
ii: the trustees may hold or deal with property or income derived from property; and
b: do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
2: However, if Te Tāwharau o Te Whakatōhea is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a)
20: Access to deed of settlement
The chief executive of the Office for Māori Crown Relations—Te Arawhiti must make copies of the deed of settlement 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.
21: Treatment of Te Tāwharau o Te Whakatōhea under Te Ture Whenua Maori Act 1993
Te Tāwharau o Te Whakatōhea must not be treated as a trust constituted in respect of any General land owned by Māori, for the purposes of section 236(1)(c)
2: Cultural redress
1: Protocols
22: Interpretation
In this subpart,— protocol
a: means each of the following protocols issued under section 23(1) or (2)
i: the Crown minerals protocol:
ii: the primary industries protocol:
iii: Appendix B of the Whakaaetanga Tiaki Taonga; and
b: includes any amendments made under section 23(3) responsible Minister Whakaaetanga Tiaki Taonga General provisions applying to protocols
23: Issuing, amending, and cancelling protocols
1: The responsible Minister must issue each of the protocols, other than Appendix B of the Whakaaetanga Tiaki Taonga, to the trustees on the terms set out in part 3 of the documents schedule.
2: Appendix B of the Whakaaetanga Tiaki Taonga must be treated as having been issued by the responsible Minister for that protocol on the terms set out in part 5 of the documents schedule.
3: The responsible Minister may amend or cancel a protocol at the initiative of—
a: the trustees; or
b: the responsible Minister.
4: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.
24: Protocols subject to rights, functions, and duties
A protocol does not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability—
i: to introduce legislation and change Government policy; and
ii: to interact with or consult a person that the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of the responsible Minister or a department of State; or
c: the legal rights of Whakatōhea or a representative entity.
25: Enforcement of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and
b: subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2). Crown minerals
26: Crown minerals protocol
1: The chief executive of the department of State responsible for the administration of the Crown Minerals Act 1991
a: a register of protocols maintained by the chief executive; and
b: the minerals programmes that affect the Crown minerals protocol area, but only when those programmes are changed.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991
3: The Crown minerals protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals.
4: In this section,— Crown mineral section 2(1)
a: that is the property of the Crown under section 10 11
b: over which the Crown has jurisdiction under the Continental Shelf Act 1964 Crown minerals protocol area minerals programme section 2(1) Primary industries
27: Primary industries protocol
1: The chief executive of the Ministry for Primary Industries must note a summary of the terms of the primary industries protocol in any fisheries plan that affects the primary industries protocol area.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
3: The primary industries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that are held, managed, or administered under any of the following enactments:
a: the Fisheries Act 1996
b: the Maori Commercial Aquaculture Claims Settlement Act 2004
c: the Maori Fisheries Act 2004
d: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
4: In this section,— fisheries plan section 11A primary industries protocol area Taonga tūturu
28: Appendix B of Whakaaetanga Tiaki Taonga
1: Appendix B of the Whakaaetanga Tiaki Taonga does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
2: In this section, taonga tūturu
a: has the meaning given in section 2(1)
b: includes ngā taonga tūturu, as defined in section 2(1)
2: Statutory acknowledgement and deeds of recognition
29: Interpretation
In this subpart,— relevant consent authority statement of association
a: made by Whakatōhea of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
b: set out in part 1 of the documents schedule statutory acknowledgement section 30 statutory area Schedule 1 statutory plan
a: means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement as defined in section 43AA
b: includes a proposed plan, as defined in section 43AAC Statutory acknowledgement
30: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
31: Purposes of statutory acknowledgement
The only purposes of the statutory acknowledgement are—
a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 32 to 34
b: to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 35 36
c: to enable the trustees and any member of Whakatōhea to cite the statutory acknowledgement as evidence of the association of Whakatōhea with a statutory area, in accordance with section 37
32: Relevant consent authorities to have regard to statutory acknowledgement
1: This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E
3: Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991
33: Environment Court to have regard to statutory acknowledgement
1: This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
2: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274
3: Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991
34: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: This section applies to an application made under section 44 56 61
2: On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48 56 62
3: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area—
a: in determining whether the trustees are persons directly affected by the decision; and
b: in determining, under section 59(1) 64(1)
4: In this section, archaeological site section 6
35: Recording statutory acknowledgement on statutory plans
1: On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
2: The information attached to a statutory plan must include—
a: a copy of sections 30 to 34 36 37
b: descriptions of the statutory areas wholly or partly covered by the plan; and
c: the statement of association for each statutory area.
3: The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—
a: part of the statutory plan; or
b: subject to the provisions of Schedule 1
36: Provision of summary or notice to trustees
1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:
a: if the application is received by the consent authority, a summary of the application; or
b: if notice of the application is served on the consent authority under section 145(10)
2: A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B(4)
3: The summary must be provided—
a: as soon as is reasonably practicable after the relevant consent authority receives the application; but
b: before the relevant consent authority decides under section 95
4: A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the notice.
5: The trustees may, by written notice to a relevant consent authority,—
a: waive the right to be provided with a summary or copy of a notice under this section; and
b: state the scope of that waiver and the period it applies for.
6: This section does not affect the obligation of a relevant consent authority to decide,—
a: under section 95
b: under section 95E
37: Use of statutory acknowledgement
1: The trustees and any member of Whakatōhea may, as evidence of the association of Whakatōhea with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before—
a: the relevant consent authorities; or
b: the Environment Court; or
c: Heritage New Zealand Pouhere Taonga; or
d: the Environmental Protection Authority or a board of inquiry under Part 6AA
2: The content of a statement of association is not, because of the statutory acknowledgement, binding as fact on—
a: the bodies referred to in subsection (1); or
b: parties to proceedings before those bodies; or
c: any other person who is entitled to participate in those proceedings.
3: However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.
4: To avoid doubt,—
a: the trustees and the members of Whakatōhea are not precluded from stating that Whakatōhea has an association with a statutory area that is not described in the statutory acknowledgement; and
b: the content and existence of the statutory acknowledgement do not limit any statement made. Deeds of recognition
38: Issuing and amending deeds of recognition
1: This section applies in respect of all of the statutory areas.
2: The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 2.1 of the documents schedule for the statutory areas administered by the Department of Conservation.
3: The Commissioner of Crown Lands must issue a deed of recognition in the form set out in part 2.2 of the documents schedule for the statutory areas administered by the Commissioner.
4: The person or persons who issue a deed of recognition may amend the deed, but only with the written consent of the trustees. General provisions relating to statutory acknowledgement and deeds of recognition
39: Application of statutory acknowledgement and deed of recognition to river or stream
1: If any part of the statutory acknowledgement applies to a river or stream, including a tributary, that part of the acknowledgement—
a: applies only to—
i: the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and
ii: the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but
b: does not apply to—
i: a part of the bed of the river or stream that is not owned by the Crown; or
ii: an artificial watercourse.
2: If any part of a deed of recognition applies to a river or stream, including a tributary, that part of the deed—
a: applies only to the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but
b: does not apply to—
i: a part of the bed of the river or stream that is not owned and managed by the Crown; or
ii: the bed of an artificial watercourse.
40: Exercise of powers and performance of functions and duties
1: The statutory acknowledgement and a deed of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw.
2: A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Whakatōhea with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.
3: Subsection (2) does not limit subsection (1).
4: This section is subject to—
a: the other provisions of this subpart; and
b: any obligation imposed on the Minister of Conservation, the Director-General, or the Commissioner of Crown Lands by a deed of recognition.
41: Rights not affected
1: The statutory acknowledgement and a deed of recognition—
a: do not affect the lawful rights or interests of a person who is not a party to the deed of settlement; and
b: do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.
2: This section is subject to the other provisions of this subpart. Consequential amendment to Resource Management Act 1991
42: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Whakatōhea Claims Settlement Act 2024 2024-06-05 Resource Management Act 1991
3: Official geographic names
43: Interpretation
In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 Crown protected area section 4 official geographic name section 4
44: Official geographic names
1: A name specified in the second column of the table in clause 5.130 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.
2: Each official geographic name is to be treated as if it were an official geographic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19
3: Subsection (4) applies to the remaining Crown protected area of Waioeka Gorge Scenic Reserve after—
a: the reservation is revoked from the parts of the reserve that are reserve properties (by sections 58 69 81
b: those parts lose their status, and official geographic name, as a Crown protected area (under sections 94 95
4: The name of the Crown protected area is changed to Waioweka Gorge Scenic Reserve.
5: The new name given to the Crown protected area is to be treated as if—
a: it were an official geographic name that takes effect on the settlement date; and
b: it had first been reviewed and concurred with by the Board under subpart 3
45: Publication of official geographic names
1: The Board must, as soon as practicable after the settlement date, give public notice, in accordance with section 21(2) and (3) section 44
2: The notice must state that each official geographic name became an official geographic name on the settlement date.
46: Subsequent alteration of official geographic names
1: In making a determination to alter the official geographic name of a feature named under section 44(1)
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: The official geographic name of the Crown protected area named under section 44(4) subpart 3
4: Vesting of cultural redress properties
47: Interpretation
In this subpart,— cultural redress property Schedule 2 Properties vested in fee simple
1: Paerātā property:
2: Pakihi site 1:
3: Pakihikura property:
4: Tāwai:
5: Tawhitinui:
6: Te Papa property:
7: Te Roto Urupā:
8: Tirohanga Dunes site 1 ( see section 55 56
9: Urupā Tawhito: Properties vested in fee simple to be administered as reserves
10: Kiwikiwi and Te Tawa Flats property:
11: Kōtare property:
12: Marawaiwai:
13: Matekerepu:
14: Matepuritaka:
15: Mātītī:
16: Meremere property:
17: Ōhiwa property:
18: Oroi property:
19: Pakihi site 2:
20: Pātaua Island property:
21: Raetakohia property:
22: Te Ngaio property:
23: Te Papa Tākaro o Ōhui property:
24: Te Papa Tākaro o Whitikau property:
25: Tirohanga Dunes site 2 ( see section 74 75
26: Toatoa property:
27: Tukainoke:
28: Tutaetoko property:
29: Waiaua property:
30: Waiōtahe property:
31: Waioweka property:
32: Whenua Maumahara o Hukutaia:
33: Whitikau property reserve property Properties vested in fee simple
48: Paerātā property
1: The reservation of the Paerātā property as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Paerātā property vests in the trustees.
49: Pakihi site 1
1: Pakihi site 1 ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Pakihi site 1 vests in the trustees.
3: Improvements in or on Pakihi site 1 do not vest in the trustees, despite the vesting under subsection (2).
50: Pakihikura property
1: The Pakihikura property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Pakihikura property vests in the trustees.
3: Subsections (1) and (2) do not take effect until the Minister of Conservation has provided Ōpōtiki District Council with a registrable easement in gross for a right to drain sewage on the terms and conditions set out in part 9.1 of the documents schedule.
4: The easement—
a: is enforceable in accordance with its terms, despite Part 3B
b: is to be treated as having been granted in accordance with Part 3B
51: Tāwai
1: The reservation of Tāwai (being part of Kutarere Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Tāwai vests in the trustees.
52: Tawhitinui
1: Tawhitinui ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Tawhitinui vests in the trustees.
53: Te Papa property
1: The reservation of the parts of the Te Papa property that are a local purpose reserve subject to the Reserves Act 1977
2: The fee simple estate in the Te Papa property vests in the trustees.
3: Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and conditions set out in part 9.2 of the documents schedule.
54: Te Roto Urupā
1: The reservation of Te Roto Urupā as a local purpose reserve subject to the Reserves Act 1977
2: The fee simple estate in Te Roto Urupā vests in the trustees.
55: Tirohanga Dunes site 1
1: This section applies only if there exists on the settlement date an unconditional agreement for sale and purchase between the Crown and the registered owners of the land in record of title 58271 that relates to Sections 8, 10, 11, and 12 SO 577243.
2: The agreement is enforceable in accordance with its terms, despite the provisions of the Conservation Act 1987 Land Act 1948
3: Section 9 SO 577243 ceases to be a conservation area under the Conservation Act 1987
4: Section 10 SO 577243 vests in the Crown as Crown land subject to the Land Act 1948
5: The fee simple estate in Tirohanga Dunes site 1 vests in the trustees.
6: Improvements in or on Tirohanga Dunes site 1 do not vest in the trustees, despite the vesting under subsection (5).
7: In this section, Tirohanga Dunes site 1 Part 1 of Schedule 2
56: Tirohanga Dunes site 1—alternative vesting
1: This section applies only if the unconditional agreement for sale and purchase referred to in section 55(1)
2: Tirohanga Dunes site 1 ceases to be a conservation area under the Conservation Act 1987
3: The fee simple estate in Tirohanga Dunes site 1 vests in the trustees.
4: Improvements in or on Tirohanga Dunes site 1 do not vest in the trustees, despite the vesting under subsection (3).
5: In this section, Tirohanga Dunes site 1 Part 2 of Schedule 2
57: Urupā Tawhito
1: Urupā Tawhito ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Urupā Tawhito vests in the trustees. Properties vested in fee simple to be administered as reserves
58: Kiwikiwi and Te Tawa Flats property
1: The reservation of the Kiwikiwi and Te Tawa Flats property (being part of Waioeka Gorge Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Kiwikiwi and Te Tawa Flats property vests in the trustees.
3: The Kiwikiwi and Te Tawa Flats property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Kiwikiwi and Te Tawa Flats Scenic Reserve.
59: Kōtare property
1: The reservation of the Kōtare property (being Kotare Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Kōtare property vests in the trustees.
3: The Kōtare property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Kōtare Scenic Reserve.
60: Marawaiwai
1: The reservation of Marawaiwai (being Marawaiwai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Marawaiwai vests in the trustees.
3: Marawaiwai is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Marawaiwai Scenic Reserve.
61: Matekerepu
1: The reservation of the part of Matekerepu that is a historic reserve subject to the Reserves Act 1977
2: The reservation of the part of Matekerepu that is a scenic reserve subject to the Reserves Act 1977
3: The fee simple estate in Matekerepu vests in the trustees.
4: Matekerepu is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
5: The reserve is named Te Whenua o Te Whakatōhea—Matekerepu Scenic Reserve.
62: Matepuritaka
1: Matepuritaka ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Matepuritaka vests in the trustees.
3: Matepuritaka is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Matepuritaka Scenic Reserve.
63: Mātītī
1: Mātītī ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Mātītī vests in the trustees.
3: Mātītī is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Mātītī Scenic Reserve.
64: Meremere property
1: The reservation of the Meremere property (being part of Meremere Hill Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Meremere property vests in the trustees.
3: The Meremere property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Meremere Scenic Reserve.
65: Ōhiwa property
1: The Ōhiwa property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Ōhiwa property vests in the trustees.
3: The Ōhiwa property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Ōhiwa Scenic Reserve.
66: Oroi property
1: The reservation of the Oroi property (being part of Oroi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Oroi property vests in the trustees.
3: The Oroi property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Oroi Scenic Reserve.
5: Subsections (1) to (4) do not take effect until the trustees have provided Ōpōtiki District Council with a registrable right of way easement in gross on the terms and conditions set out in part 9.7 of the documents schedule.
6: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
67: Pakihi site 2
1: Pakihi site 2 ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Pakihi site 2 vests in the trustees.
3: Pakihi site 2 is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Pakihi Scenic Reserve.
68: Pātaua Island property
1: The reservation of the Pātaua Island property (being part of Patawa Island Scientific Reserve) as a scientific reserve subject to the Reserves Act 1977
2: The fee simple estate in the Pātaua Island property vests in the trustees.
3: The Pātaua Island property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Pātaua Island Scenic Reserve.
69: Raetakohia property
1: The reservation of the Raetakohia property (being part of Waioeka Gorge Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Raetakohia property vests in the trustees.
3: The Raetakohia property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Raetakohia Scenic Reserve.
5: Subsections (1) to (4) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and conditions set out in part 9.8 of the documents schedule.
6: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
70: Te Ngaio property
1: The reservation of the Te Ngaio property as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Te Ngaio property vests in the trustees.
3: The Te Ngaio property is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Te Whenua o Te Whakatōhea—Te Ngaio Recreation Reserve.
5: The joint management body established by section 104 Reserves Act 1977 section 26
6: Subsection (5) continues to apply despite any subsequent transfer under section 100
7: Improvements in or on the Te Ngaio property do not vest in the trustees, despite the vesting under subsection (2).
8: Subsections (1) to (7) do not take effect until the trustees have provided Ōpōtiki District Council with a registrable easement in gross for the following rights on the terms and conditions set out in part 9.9 of the documents schedule:
a: a right of way (for pedestrians and vehicles):
b: a right of way (for pedestrians and cycles):
c: a right of way, a right to use groundwater testing bores, and a right to take and convey water.
9: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
71: Te Papa Tākaro o Ōhui property
1: The reservation of the Te Papa Tākaro o Ōhui property as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Te Papa Tākaro o Ōhui property vests in the trustees.
3: The Te Papa Tākaro o Ōhui property is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Te Whenua o Te Whakatōhea—Te Papa Tākaro o Ōhui Recreation Reserve.
5: Ōpōtiki District Council is the administering body of the reserve, and the Reserves Act 1977 section 26
6: Subsection (5) continues to apply despite any subsequent transfer under section 100
72: Council improvements attached to Te Papa Tākaro o Ōhui property
1: This section applies to the improvements that are owned by Ōpōtiki District Council and attached to the Te Papa Tākaro o Ōhui property (the property section 71(2) council improvements Ownership of improvements
2: The council improvements—
a: remain vested in the council; and
b: are personal property, not forming part of the property, and do not confer an estate or interest in the property.
3: The council improvements may, at the council’s discretion, remain attached to the property—
a: without the consent of the owners of the property or the administering body of the reserve over the property (if no longer the council); and
b: without charge.
4: Subsections (2) and (3) are subject to any other enactment that governs the ownership of a council improvement. Use and removal of improvements
5: In the rest of this section,— removal use
6: The council, or a person authorised by the council, may at any time use or remove a council improvement—
a: without the consent of the owners of the property or the administering body (if no longer the council); and
b: without charge; and
c: otherwise in accordance with the Reserves Act 1977
7: In removing a council improvement, the council must—
a: give the owners of the property and the administering body (if no longer the council) at least 15 working days’ written notice of the intended removal; and
b: ensure that the land is left in a clean and tidy condition afterwards. Liability for improvements
8: The owners of the property are not liable for the council improvements to the extent that they would, apart from this section, have been liable for them because they own the property.
73: Te Papa Tākaro o Whitikau property
1: The reservation of the Te Papa Tākaro o Whitikau property as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Te Papa Tākaro o Whitikau property vests in the trustees.
3: The Te Papa Tākaro o Whitikau property is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Te Whenua o Te Whakatōhea—Te Papa Tākaro o Whitikau Recreation Reserve.
5: Ōpōtiki District Council is the administering body of the reserve, and the Reserves Act 1977
6: Subsection (5) continues to apply despite any subsequent transfer under section 100
7: Improvements in or on the Te Papa Tākaro o Whitikau property do not vest in the trustees, despite the vesting under subsection (2).
8: The following powers and responsibilities of Bay of Plenty Regional Council under the Soil Conservation and Rivers Control Act 1941
a: to access, construct, reconstruct, alter, repair, or maintain any works in or on the Te Papa Tākaro o Whitikau property that minimise or prevent damage by floods or erosion and that are owned by the council:
b: to access any works in or on any adjacent land that minimise or prevent damage by floods or erosion.
9: Subsections (1) to (8) do not take effect until the trustees have provided Ōpōtiki District Council with a registrable easement in gross for the following rights on the terms and conditions set out in part 9.10 of the documents schedule:
a: a right of way (for pedestrians and cycles):
b: a right of way (for pedestrians and vehicles) and a right to park:
c: a right to convey electricity:
d: a right to convey sewage:
e: a right to convey stormwater:
f: a right to convey water.
10: Despite the provisions of the Reserves Act 1977
a: is enforceable in accordance with its terms; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
74: Tirohanga Dunes site 2
1: This section applies only if the unconditional agreement for sale and purchase referred to in section 55(1)
2: Sections 1, 2, 3, 4, 5, 6, 8, and 12 SO 577243 cease to be a conservation area under the Conservation Act 1987
3: Section 11 SO 577243 vests in the Crown as Crown land subject to the Land Act 1948
4: The fee simple estate in Sections 8 and 12 SO 577243 vests in the registered owners of the land in record of title 58271.
5: As soon as practicable after an order is produced for a record of title, the Registrar-General must create a single record of title for the fee simple estate in the following in the name of the registered owners of the land in record of title 58271:
a: Sections 8 and 12 SO 577243; and
b: the balance of the land in record of title 58271 (after the vestings of Sections 10 and 11 SO 577243 by section 55(4)
6: The fee simple estate in Tirohanga Dunes site 2 vests in the trustees.
7: Tirohanga Dunes site 2 is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
8: The reserve is named Te Whenua o Te Whakatōhea—Tirohanga Dunes Scenic Reserve.
9: The joint management body established by section 104 Reserves Act 1977 section 26
10: Subsection (9) continues to apply despite any subsequent transfer under section 100
11: Sections 91(1) 92(1)(c) 93(1) and (4)
12: Subsections (2) to (11) do not take effect until the trustees have—
a: provided the registered owners of the land in record of title 58271 with a registrable right of way easement on the terms and conditions set out in part 9.3 of the documents schedule; and
b: provided a registrable right of way easement in favour of Tirohanga Dunes site 1 on the terms and conditions set out in part 9.4 of the documents schedule.
13: Despite the provisions of the Reserves Act 1977
a: are enforceable in accordance with their terms; and
b: are to be treated as having been granted in accordance with the Reserves Act 1977
14: In this section, Tirohanga Dunes site 2 Part 1 of Schedule 2
75: Tirohanga Dunes site 2—alternative vesting
1: This section applies only if the unconditional agreement for sale and purchase referred to in section 55(1)
2: Tirohanga Dunes site 2 ceases to be a conservation area under the Conservation Act 1987
3: The fee simple estate in Tirohanga Dunes site 2 vests in the trustees.
4: Tirohanga Dunes site 2 is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
5: The reserve is named Te Whenua o Te Whakatōhea—Tirohanga Dunes Scenic Reserve.
6: The joint management body established by section 104 Reserves Act 1977 section 26
7: Subsection (6) continues to apply despite any subsequent transfer under section 100
8: Subsections (2) to (7) do not take effect until the trustees have—
a: provided the registered owners of the land in record of title 58271 with a registrable right of way easement on the terms and conditions set out in part 9.5 of the documents schedule; and
b: provided a registrable right of way easement in favour of Tirohanga Dunes site 1 on the terms and conditions set out in part 9.6 of the documents schedule.
9: Despite the provisions of the Reserves Act 1977
a: are enforceable in accordance with their terms; and
b: are to be treated as having been granted in accordance with the Reserves Act 1977
10: Improvements in or on Sections 8 and 12 SO 577243 do not vest in the trustees, despite the vesting under subsection (3).
11: In this section, Tirohanga Dunes site 2 Part 2 of Schedule 2
76: Toatoa property
1: The reservation of the Toatoa property (being part of Toa Toa Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Toatoa property vests in the trustees.
3: The Toatoa property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Toatoa Scenic Reserve.
77: Tukainoke
1: The reservation of Tukainoke (being part of Tukainuka Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Tukainoke vests in the trustees.
3: Tukainoke is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Tukainoke Scenic Reserve.
78: Tutaetoko property
1: The Tutaetoko property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Tutaetoko property vests in the trustees.
3: The Tutaetoko property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Tutaetoko Scenic Reserve.
79: Waiaua property
1: The reservation of the Waiaua property (being Waiaua Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Waiaua property vests in the trustees.
3: The Waiaua property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Waiaua Scenic Reserve.
80: Waiōtahe property
1: The reservation of the Waiōtahe property (being Waiotahe Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Waiōtahe property vests in the trustees.
3: The Waiōtahe property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Waiōtahe Scenic Reserve.
81: Waioweka property
1: The reservation of the part of the Waioweka property that is a scenic reserve subject to the Reserves Act 1977
2: The reservation of the part of the Waioweka property that is a local purpose reserve subject to the Reserves Act 1977
3: The road comprising Sections 1 to 10 SO 573226 is stopped, and ceases to be State highway under the Land Transport Management Act 2003
4: Section 345(3)
5: The fee simple estate in the Waioweka property vests in the trustees.
6: The Waioweka property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
7: The reserve is named Te Whenua o Te Whakatōhea—Waioweka Scenic Reserve.
82: Whenua Maumahara o Hukutaia
1: The reservation of Whenua Maumahara o Hukutaia (being Hukutaia Domain Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Whenua Maumahara o Hukutaia vests in the trustees.
3: Whenua Maumahara o Hukutaia is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Te Whenua o Te Whakatōhea—Whenua Maumahara o Hukutaia Recreation Reserve.
5: Ōpōtiki District Council is the administering body of the reserve as if the council were appointed to control and manage the reserve under section 28
6: Improvements in or on Whenua Maumahara o Hukutaia do not vest in the trustees, despite the vesting under subsection (2).
83: Future interests relating to Whenua Maumahara o Hukutaia reserve land
1: In this section and section 84 Council Whenua Maumahara o Hukutaia reserve land reserve land
2: This section applies to the Whenua Maumahara o Hukutaia reserve land, but only while the trustees are the owners, and the Council is the administering body, of that land. Interests in land
3: Despite the Council being the administering body, the trustees may, as if they were the administering body of the reserve land,—
a: accept, grant, or decline to grant any interest in land that affects the reserve land; or
b: renew or vary such an interest.
4: If a person wishes to obtain an interest in land in the reserve land, or renew or vary such an interest, the person must apply under this section, in writing, through the Council.
5: The Council must—
a: advise the trustees of the applications it receives; and
b: undertake the administrative processes required by the Reserves Act 1977
6: Before the trustees determine an application, the trustees must consult the Council. Interests that are not interests in land
7: The Council may—
a: accept, grant, or decline to grant any interest that affects the reserve land other than an interest in land; or
b: renew or vary such an interest. Application of Reserves Act 1977
8: The Reserves Act 1977 section 59A
84: Administering body of Whenua Maumahara o Hukutaia reserve land
1: This section applies to the Whenua Maumahara o Hukutaia reserve land, but only while the trustees are the owners of that land.
2: The trustees and the Council may jointly—
a: agree that the Council no longer be the administering body of the reserve land; and
b: give the Minister of Conservation written notice of the agreement.
3: The Minister must, no later than 20 working days after receiving the notice, publish a notice in the Gazette
a: the Council is no longer the administering body of the reserve land; and
b: the trustees are the administering body of the reserve land.
4: The Minister may, at their sole discretion, revoke the appointment of the Council as the administering body of the reserve land, if requested in writing to do so by the trustees or the Council.
5: Before deciding whether to revoke the appointment, the Minister must consult the trustees and the Council.
6: When the Minister has decided whether to revoke the appointment, the Minister must—
a: give written notice of the decision to the trustees and the Council; and
b: if the Minister decides to revoke the appointment, publish a notice in the Gazette
i: the Council is no longer the administering body of the reserve land; and
ii: the trustees are the administering body of the reserve land.
7: The trustees are the administering body of the reserve land on and from the date on which a notice is published under subsection (3) or (6)(b).
85: Whitikau property
1: The reservation of the Whitikau property (being Whitikau Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Whitikau property vests in the trustees.
3: The Whitikau property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Te Whenua o Te Whakatōhea—Whitikau Scenic Reserve. General provisions applying to vesting of cultural redress properties
86: Properties vest subject to or together with interests
Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 2
87: Interests in land for Oroi property
1: This section applies to all or the part of the Oroi property that remains a reserve under the Reserves Act 1977 reserve land section 98
2: If the Oroi property is affected by an interest in land immediately before the transfer is registered, the interest applies as if the joint management body established by section 99
3: Any interest in land that affects the reserve land must be dealt with for the purposes of registration as if the joint management body were the registered owner of the reserve land.
4: Subsections (2) and (3) continue to apply despite any subsequent transfer of the reserve land under section 100
88: Interests in land for certain reserve properties
1: This section applies to all or the part of each reserve property listed in subsection (2) that remains a reserve under the Reserves Act 1977 reserve land
2: The reserve properties are—
a: the Te Ngaio property; and
b: the Te Papa Tākaro o Ōhui property; and
c: the Te Papa Tākaro o Whitikau property; and
d: Tirohanga Dunes site 2.
3: If the reserve property is affected by an interest in land listed for the property in Schedule 2
4: Any interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered owner of the reserve land.
5: However, subsections (3) and (4) do not affect the registration of the easements referred to in sections 70(8) 73(9) 74(12) 75(8)
6: Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 100
89: Interests that are not interests in land
1: This section applies if a cultural redress property is subject to an interest (other than an interest in land) that is listed for the property in Schedule 2
2: The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property, except to the extent that subsection (3)
3: If all or part of the cultural redress property is reserve land to which section 88
4: The interest applies—
a: until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the property.
90: Registration of ownership
1: This section applies to a cultural redress property vested in the trustees under this subpart.
2: Subsection (3) applies to a cultural redress property (other than Tāwai, the Kōtare property, or Matekerepu), but only to the extent that the property is all of the land contained in a record of title for a fee simple estate.
3: The Registrar-General must, on written application by an authorised person,—
a: register the trustees as the owners of the fee simple estate in the property; and
b: record any entry on the record of title and do anything else necessary to give effect to this subpart and to part 5 of the deed of settlement.
4: Subsection (5) applies to—
a: a cultural redress property, but only to the extent that subsection (2) does not apply to the property; and
b: Tāwai; and
c: the Kōtare property; and
d: Matekerepu, despite the property being located in 2 land registration districts.
5: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for the fee simple estate in the property in the names of the trustees; 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.
6: Subsection (5) is subject to the completion of any survey necessary to create a record of title.
7: A record of title must be created under this section as soon as is reasonably practicable after the settlement date, but not later than—
a: 24 months after the settlement date; or
b: any later date that is agreed in writing by the Crown and the trustees.
8: In this section, authorised person
a: the chief executive of LINZ, for the Te Papa property:
b: the Director-General, for all other properties.
91: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: Section 24
3: If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24
4: Subsections (2) and (3) do not limit subsection (1).
92: Matters to be recorded on record of title
1: The Registrar-General must record on the record of title,—
a: for a reserve property listed in section 88(2)
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 88(4) 91(3) 96
b: for any other reserve property,—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 91(3) 96
c: for any other cultural redress property, that the land is subject to Part 4A
2: A notation made under subsection (1) that land is subject to Part 4A section 24D(1)
3: For a reserve property, if the reservation of the property under this subpart is revoked for—
a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the record of title for the property the notations—
i: that section 24
ii: that the property is subject to sections 91(3) 96
iii: if the property is listed in section 88(2)
b: part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a) remain only on the record of title for the part of the property that remains a reserve.
4: The Registrar-General must comply with an application received in accordance with subsection (3)(a).
93: Application of other enactments
1: The vesting of the fee simple estate in a cultural redress property under this subpart does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
2: The permission of a council under section 348
3: Sections 24 25
4: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under this subpart; or
b: any matter incidental to, or required for the purpose of, the vesting.
94: Names of Crown protected areas discontinued
1: Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the settlement date, was all or part of a Crown protected area.
2: The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.
3: In this section, Board Crown protected area Gazetteer official geographic name section 4 Further provisions applying to reserve properties
95: Application of other enactments to reserve properties
1: The trustees are the administering body of a reserve property, except as provided for in sections 70 71 73 74 75 82
2: Sections 78(1)(a) 79 to 81 88
3: If the reservation of a reserve property under this subpart is revoked under section 24 section 25(2)
4: A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
5: A reserve property must not have a name assigned to it or have its name changed under section 16(10)
6: Subsection (2) does not apply to—
a: the Te Papa Tākaro o Ōhui property, the Te Papa Tākaro o Whitikau property, or Whenua Maumahara o Hukutaia while Ōpōtiki District Council is the administering body of the reserve property:
b: the Te Ngaio property or Tirohanga Dunes site 2.
7: Despite section 41(1)
a: the reserve management plan that is in effect immediately before the settlement date continues to apply to the properties; and
b: when the Council is reviewing that plan, a separate part of the plan that applies to the properties must be—
i: prepared under that section by the Council and the trustees; and
ii: approved under that section by the Minister or, if the Minister’s power of approval is delegated to the Council, by the Council and the trustees.
8: When the administering body of the Kōtare property, Matekerepu, or the Pātaua Island property prepares or reviews a management plan for the property under section 41
a: seek and have regard to the views of the trustees of Tūhoe Te Uru Taumatua (as defined in section 12
b: if section 41(6)(e)
96: Subsequent transfer of reserve land
1: This section applies to all or the part of a reserve property that remains a reserve under the Reserves Act 1977
2: The fee simple estate in the reserve land in the Oroi property may be transferred only in accordance with section 98 100
3: The fee simple estate in the reserve land in the following properties may be transferred only in accordance with section 100
a: the Te Ngaio property:
b: Tirohanga Dunes site 2.
4: The fee simple estate in the reserve land in any other property may be transferred only in accordance with section 97 100
5: In this section and sections 97 to 101 reserve land
97: Transfer of reserve land to new administering body
1: The registered owners of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to a beneficial entity.
2: The Minister of Conservation must give written consent to the transfer if the registered owners satisfy the Minister that the beneficial entity is able—
a: to comply with the requirements of the Reserves Act 1977
b: to perform the duties of an administering body under that Act.
3: The Registrar-General must, upon receiving the required documents, register the beneficial entity as the owner of the fee simple estate in the reserve land.
4: The required documents are—
a: a transfer instrument to transfer the fee simple estate in the reserve land to the beneficial entity, including a notification that the beneficial entity is to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the reserve land; and
c: the written consent of the administering body of the reserve land, if the trustees are transferring the reserve land but are not the administering body; and
d: any other document required for the registration of the transfer instrument.
5: The beneficial entity, from the time of its registration under this section,—
a: is the administering body of the reserve land; and
b: holds the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
6: A transfer that complies with this section need not comply with any other requirements.
7: In this section, beneficial entity
a: represents only a group of members of Whakatōhea (for example, a hapū of Whakatōhea); and
b: is approved by the trustees by unanimous resolution.
98: Transfer of reserve land in Oroi property to governance entity for Ngāi Tai Iwi
1: The trustees may apply in writing to the Minister of Conservation for consent to transfer an undivided half share in the fee simple estate in the reserve land in the Oroi property to the governance entity for Ngāi Tai Iwi as tenants in common (the new owners
2: The application must—
a: state that both parties have formally agreed to the transfer; and
b: include a copy of the formal resolutions to support the agreement; and
c: include the statement Upon transfer, under section 98 section 99
3: The Minister of Conservation must give written consent to the transfer to the new owners if satisfied with the information provided.
4: The Registrar-General must, upon receiving the required documents,—
a: register the new owners as the owners of an undivided half share in the fee simple estate in the reserve land; and
b: note on both the record of title for the undivided half share held by the new owners, and on the record of title for the undivided half share retained by the trustees, that the land is subject to section 87
5: The required documents are—
a: a transfer instrument to transfer an undivided half share in the fee simple estate in the reserve land to the new owners, including—
i: a notification that the share in the reserve land is to be held for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and
ii: the statement The reserve land is subject to section 87
b: the written consent of the Minister of Conservation to the transfer of an undivided half share in the fee simple estate in the reserve land; and
c: any other document required for the registration of the transfer instrument.
6: From the time of the new owners’ registration under this section,—
a: the joint management body established by section 99 Reserves Act 1977 section 26
b: the new owners’ share in the reserve land is held for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
7: A transfer that complies with this section need not comply with any other requirements.
8: After a transfer in accordance with this section, neither the new owners nor the trustees may transfer their undivided half shares in the reserve land except in accordance with section 100
9: In this section and section 99 governance entity for Ngāi Tai Iwi
a: is established to receive redress for the settlement of the historical claims of Ngāi Tai Iwi, meaning the iwi of that name that lives in the eastern Bay of Plenty; and
b: is approved by the Crown, and ratified by the members of Ngāi Tai Iwi, for that purpose.
99: Joint management body for Oroi property
1: This section applies if a share in the reserve land in the Oroi property is transferred under section 98
2: On the date of registration of the transfer to the new owners, a joint management body is established for the Oroi property. Appointment of members
3: The appointers of the joint management body are—
a: the trustees; and
b: the governance entity for Ngāi Tai Iwi.
4: Each appointer may appoint 2 members to the joint management body.
5: A member is appointed only if the appointer gives written notice with the following details to the other appointer:
a: the full name, address, and other contact details of the member; and
b: the date on which the appointment takes effect, which must be no earlier than the date of the notice.
6: An appointment ends after 5 years or when the appointer replaces the member by making another appointment.
7: A member may be appointed, reappointed, or replaced at the discretion of their appointer. Meetings, contracts, and liability
8: Sections 32 to 34
9: However, the first meeting of the joint management body must be held no later than 2 months after the date of the transfer to the new owners. Management plans
10: If the trustees have not prepared a management plan for the reserve land as required by section 41
100: Transfer of reserve land if trustees change
The registered owners of the reserve land may transfer the fee simple estate in the reserve land if—
a: the transferors of the reserve land are or were the trustees of a trust; and
b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and
c: the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees' lawyer, verifying that paragraphs (a) and (b) apply.
101: Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
102: Saving of bylaws, etc, in relation to reserve properties
1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 Reserves Act 1977
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977
5: Joint management of certain reserves
103: Interpretation in this subpart
In this subpart,— body’s term
a: for an appointment made to the first joint management body, the period—
i: starting on the settlement date; and
ii: ending on the first day after the settlement date that is the 89th day after a triennial local election:
b: for any other appointment, the period—
i: starting on the first day after the appointment is made that is the 90th day after a triennial local election; and
ii: ending on the 89th day after the triennial local election after that one Council reserves
a: Hukuwai Recreation Reserve; and
b: a local purpose (esplanade) reserve, meaning land comprising 4.3678 hectares, more or less, being Sections 1, 2, 3, 4, 5, 6, and 7 SO 461791, all record of title 650718 for the fee simple estate Hukuwai Recreation Reserve Gazette joint management body section 104 replacement appointment
104: Joint management body for Te Ngaio property, Tirohanga Dunes site 2, and Council reserves
1: A joint management body is established for the following reserves:
a: the Te Ngaio property; and
b: Tirohanga Dunes site 2; and
c: the Council reserves.
2: The joint management body is the administering body of the Council reserves, and the Reserves Act 1977 section 26
3: Despite subsection (2) and sections 70(5) 74(9) 75(6) section 10
a: as if the joint management body were a local authority; but
b: only to the extent that the power or function is relevant to the reserve.
4: To avoid doubt, the joint management body is not a committee or a joint committee for the purposes of the Local Government Act 2002
105: Appointment and term of members of joint management body
1: The following are appointers for the purposes of this subpart:
a: the trustees; and
b: Ōpōtiki District Council.
2: Each appointer may appoint 2 members to the joint management body.
3: A member is appointed only if the appointer gives written notice with the following details to the other appointer:
a: the full name, address, and other contact details of the member; and
b: the date on which the appointment takes effect in accordance with section 106
4: A member may be removed only by their appointer giving written notice, stating the date on which the removal takes effect, to the other appointer.
5: A member may be appointed, reappointed, or removed at the discretion of their appointer.
106: Term of office of joint management body
1: An appointment of a member to the joint management body takes effect—
a: at the start of the body’s term; or
b: in the case of a replacement appointment, on the date stated in the notice of appointment.
2: An appointment of a member to the joint management body ends on whichever of the following comes first:
a: the end of the body’s term:
b: the removal of the member by the appointer or the replacement of the member by the appointer appointing another member.
3: If an appointment ends but no successor has been appointed before the start of the next of the body’s terms, the member must be treated as having been reappointed for that next term.
107: Application of Reserves Act 1977 to joint management body
1: Sections 32 to 34
2: The following provisions apply despite the specified requirements of the Reserves Act 1977 First meeting
a: the first meeting of the joint management body must be held no later than 6 months after the settlement date (despite section 32(1) Chairperson and deputy chairperson
b: a chairperson must be appointed, and a deputy chairperson may be appointed, for the joint management body as follows (despite section 32(5)
i: the trustees must appoint a member as chairperson:
ii: Ōpōtiki District Council may appoint a member as deputy chairperson:
iii: an appointment takes effect at the start of the body’s term (or, for the initial chairperson and deputy chairperson and any replacement appointment, on the date stated in the notice of appointment):
iv: an appointment ends at the end of the body’s term or when the person’s membership ends:
v: the person must be appointed by the appointer giving written notice of the appointment to the other appointer:
vi: an appointer may replace the chairperson or deputy chairperson appointed by that appointer at any time during the body’s term:
c: if the chairperson is not present at a meeting and there is a deputy chairperson, the deputy chairperson must preside at the meeting (despite section 32(6) Voting and quorum
d: the chairperson has a deliberative vote but not a casting vote (despite section 32(7)
e: the quorum consists of 4 members but each member may appoint a person to replace them at a meeting, or in voting, if the member is not available (despite section 32(9) Management plans
f: despite section 41(1)
i: the reserve management plan that is in effect immediately before the settlement date continues to apply to the Te Ngaio property and Hukuwai Recreation Reserve; and
ii: when Ōpōtiki District Council is reviewing that plan, a separate part of the plan that applies to the Te Ngaio property and Hukuwai Recreation Reserve must be—
A: prepared under that section by the joint management body; and
B: approved under that section by the Minister or, if the Minister’s power of approval is delegated to the Council, by the joint management body ( see section 104(3) Financial provisions
g: Part 4
h: Ōpōtiki District Council must, to the extent that it is reasonably practicable to distinguish the revenue from the reserve or reserves from any other revenue received by the Council,—
i: hold the revenue received by the joint management body as the administering body of the reserve or reserves; and
ii: account for that revenue separately from the Council’s other revenue; and
iii: use that revenue, under the direction of the joint management body, but only in relation to the reserve or reserves.
108: Interests in Council reserves
Sections 88 89
a: the Council reserve were a reserve property listed in section 88(2)
b: section 88(3)
c: the Council reserve were a cultural redress property for the purposes of section 89
d: section 89(1)
6: Bay of Plenty conservation management strategy
109: Interpretation
In this subpart,— Bay of Plenty conservation management strategy
a: is prepared and approved under section 17F
b: is in effect in an area that includes all or part of the Whakatōhea place Whakatōhea chapter
a: of the Bay of Plenty conservation management strategy; and
b: comprising outcomes, policies, and milestones that apply exclusively to the Whakatōhea place, identified as an area for the purposes of integrated conservation management ( see Place section 17B Whakatōhea place
110: Partial review of conservation management strategy to include Whakatōhea chapter
The Director-General must, within 3 years after the settlement date, notify the trustees in writing that the Director-General intends to initiate a review of part of the Bay of Plenty conservation management strategy under section 17H
111: Requirements when reviewing or amending conservation management strategy
1: This section applies to the following reviews of, or amendments to, the Bay of Plenty conservation management strategy:
a: the review for which notice is given under section 110
b: any later review under section 17H section 17I
2: After the review or amendment, the conservation management strategy must include the Whakatōhea chapter.
3: Despite sections 17D 17F
4: The Director-General must notify the trustees in writing if the Director-General intends to prepare, amend, or review the conservation management strategy in any way that affects the Whakatōhea chapter.
5: The functions of the Minister of Conservation under section 17F(j)(ii), (l)(ii), (n), (o), and (p)(ii)
112: Other responsibilities continue
1: This section is for the avoidance of doubt about the effects of sections 110 111
2: Those sections do not change the role, under the Conservation Act 1987
a: the New Zealand Conservation Authority in approving the Bay of Plenty conservation management strategy:
b: the relevant Conservation Board in recommending the Bay of Plenty conservation management strategy to the New Zealand Conservation Authority for approval:
c: the Director-General in determining the boundaries of any conservation management strategy.
3: Those sections—
a: apply only in respect of the Whakatōhea chapter; and
b: do not apply in respect of anything else set out in the Bay of Plenty conservation management strategy, including the national and regional objectives, policies, and milestones for implementing the general statutory and policy requirements of the Department of Conservation.
7: Cultural materials
113: Interpretation
In this subpart,— conservation legislation
a: the Conservation Act 1987
b: the enactments listed in Schedule 1 cultural materials
a: the Department of Conservation is responsible for; and
b: are found within the area of interest; and
c: are important to Whakatōhea in expressing and maintaining their cultural values and practices cultural materials plan section 114 dead protected wildlife
a: means the dead body or any part of the dead body of any wildlife that is protected, whether absolutely or partially, under the conservation legislation; but
b: excludes marine mammals possess dead protected wildlife Cultural materials plan
114: Preparation of cultural materials plan
1: The trustees and the Minister of Conservation must jointly agree a cultural materials plan that provides for the members of Whakatōhea to collect and possess cultural materials.
2: The first cultural materials plan must be agreed not later than the fifth anniversary of the settlement date, or a later date as the trustees and the Minister of Conservation may agree.
115: Scope of cultural materials plan
The cultural materials plan must set out the terms and conditions on which the trustees may grant authorisations, in accordance with section 116 Authorisations for collecting and possessing cultural materials
116: Authorisation to collect or possess cultural materials
1: The trustees may issue a written authorisation to a member of Whakatōhea—
a: to collect plants or plant materials:
b: to possess dead protected wildlife.
2: An authorisation may be issued without the requirement for a permit or other authorisation under the conservation legislation.
3: An authorisation may be issued only if—
a: a cultural materials plan has been agreed and is in effect; and
b: the authorisation is consistent with the cultural materials plan.
4: An authorisation to possess dead protected wildlife must not permit the hunting, taking alive, or killing of living wildlife.
117: Possession of dead protected wildlife
Despite the Wildlife Act 1953
a: holds a written authorisation issued under section 116(1)
b: has acted in accordance with—
i: the terms and conditions of the authorisation; and
ii: the relevant provisions of the cultural materials plan.
3: Commercial redress
1: Transfer of commercial redress properties and deferred selection properties
118: Interpretation
1: In this subpart,— commercial redress property cross-leased property deferred selection property land holding agency
a: for a commercial redress property, in part 3 of the property redress schedule; or
b: for a deferred selection property, in subpart A of part 4 of the property redress schedule.
2: In this subpart, a reference to the transfer of a commercial redress property, or the transfer of the fee simple estate in such property, includes the transfer of an undivided share of the fee simple estate in the property.
119: The Crown may transfer properties and grant easements
1: To give effect to part 6 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised—
a: to transfer the fee simple estate in a commercial redress property or a deferred selection property to the trustees; and
b: to transfer each leasehold estate in the cross-leased property to the trustees; and
c: to sign a transfer instrument or other document, or do anything else, as necessary to effect a transfer.
2: The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a commercial redress property or deferred selection property.
3: Any such easement—
a: is enforceable in accordance with its terms, despite Part 3B
b: is to be treated as having been granted in accordance with Part 3B
120: Records of title for commercial redress properties and deferred selection properties
1: This section applies to each of the following properties that is to be transferred under section 119(1)
a: a commercial redress property other than the cross-leased property:
b: a deferred selection property.
2: However, this section applies only to the extent that—
a: the property is not all of the land contained in a record of title for a fee simple estate; or
b: there is no record of title for the fee simple estate in all or part of the property.
3: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a record of title for the fee simple estate in the property in the name of the Crown; 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; but
c: omit any statement of purpose from the record of title.
4: Subsection (3) is subject to the completion of any survey necessary to create a record of title.
5: In this section and section 121 authorised person
121: Authorised person may grant covenant for later creation of record of title
1: For the purposes of section 120
a: a commercial redress property other than the cross-leased property:
b: a deferred selection property.
2: Despite the Land Transfer Act 2017
a: the authorised person may request the Registrar-General to register the covenant under that Act by creating a record of title that records an interest; and
b: the Registrar-General must comply with the request.
122: Application of other enactments
1: This section applies to the transfer to the trustees of—
a: the fee simple estate in a commercial redress property or deferred selection property; or
b: each leasehold estate in the cross-leased property.
2: The transfer is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
3: The transfer does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
5: Section 11 Part 10
6: In exercising the powers conferred by section 119(1)
7: Subsection (6) is subject to subsections (2) and (3).
123: Status of certain commercial redress properties
Conservation areas cease
1: Each of the following commercial redress properties described in part 3 of the property redress schedule ceases to be a conservation area under the Conservation Act 1987
a: Hukutaia Conservation Area:
b: Part Old Town of Ōhiwa Conservation Area site A:
c: Part Old Town of Ōhiwa Conservation Area site B:
d: Pakihi Stream Conservation Area:
e: Part Waiotahi Conservation Area. Reserves revoked
2: For each of the following commercial redress properties described in part 3 of the property redress schedule, the reservation of the property as a reserve subject to the Reserves Act 1977
a: Part Tukainuka Scenic Reserve:
b: Part Waioeka Gorge Roadside Reserve.
3: Sections 24 25 Name of Crown protected area discontinued
4: Subsection (5) applies to the land in the commercial redress property described in part 3 of the property redress schedule as Part Tukainuka Scenic Reserve that, immediately before the settlement date, was part of a Crown protected area.
5: The official geographic name of the Crown protected area is discontinued in respect of the land and the Board must amend the Gazetteer accordingly.
6: In this section, Board Crown protected area Gazetteer official geographic name section 4
124: Status of certain deferred selection properties
1: This section applies to each of the following properties described in subpart A of part 4 of the property redress schedule that becomes a deferred selection property (because the requirements for its transfer under the deed of settlement have been satisfied):
a: Ōpōtiki School:
b: Woodlands School.
2: The reservation of any part of the property that is a reserve subject to the Reserves Act 1977 section 119(1)
3: Sections 24 25
125: Transfer of properties subject to lease
1: This section applies to a deferred selection property—
a: for which the land holding agency is the Ministry of Education, the Ministry of Justice, or the New Zealand Police; and
b: the ownership of which is to be transferred to the trustees; and
c: that, after the transfer, is to be subject to a lease back to the Crown.
2: Section 24
3: The transfer instrument for the transfer of the property must include a statement that the land is to become subject to section 126
4: The Registrar-General must, upon the registration of the transfer of the property, record on any record of title for the property that—
a: the land is subject to Part 4A section 24
b: the land is subject to section 126
5: A notation made under subsection (4) that land is subject to Part 4A section 24D(1)
126: Requirements if lease terminates or expires
1: This section applies if the lease referred to in section 125(1)(c)
2: The transfer of the property is no longer exempt from section 24
3: The registered owners of the property must apply in writing to the Registrar-General,—
a: if no part of the property remains subject to such a lease, to remove from the record of title for the property the notations that—
i: section 24
ii: the property is subject to this section; or
b: if only part of the property remains subject to such a lease (the leased part
i: section 24
ii: that part is subject to this section.
4: The Registrar-General must comply with an application received in accordance with subsection (3) free of charge to the applicant.
2: Right of first refusal over RFR land
Interpretation
127: Interpretation
In this subpart and Schedule 3 control
a: for a company, control of the composition of its board of directors; and
b: for another body, control of the composition of the group that would be its board of directors if the body were a company Crown body
a: a Crown entity, as defined in section 7(1)
b: a State enterprise, as defined in section 2
c: the New Zealand Railways Corporation; and
d: a company or body that is wholly owned or controlled by 1 or more of the following:
i: the Crown:
ii: a Crown entity:
iii: a State enterprise:
iv: the New Zealand Railways Corporation; and
e: a subsidiary or related company of a company or body referred to in paragraph (d) dispose of
a: means—
i: to transfer or vest the fee simple estate in the land; or
ii: to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but
b: to avoid doubt, does not include—
i: to mortgage, or give a security interest in, the land; or
ii: to grant an easement over the land; or
iii: to consent to an assignment of a lease, or to a sublease, of the land; or
iv: to remove an improvement, a fixture, or a fitting from the land expiry date sections 130(2)(a) 131 notice offer section 130 public work section 2 related company section 2(3) RFR area RFR landowner
a: means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
b: means a Crown body, if the body holds the fee simple estate in the land; and
c: includes a local authority to which RFR land has been disposed of under section 136(1)
d: to avoid doubt, does not include an administering body in which RFR land is vested under section 137(1) RFR period subsidiary section 5
128: Meaning of RFR land
1: In this subpart, RFR land
a: the land described in part 7 of the attachments that, on the settlement date,—
i: is vested in the Crown; or
ii: is held in fee simple by the Crown; and
b: the land that is within the RFR area that, on the settlement date,—
i: is vested in the Crown; or
ii: is held in fee simple by the Crown; or
iii: is a reserve vested in an administering body that derived title to the reserve from the Crown and that would, on the application of section 25 27
c: any land obtained in exchange for a disposal of RFR land under section 141(1)(c) 142
2: RFR land does not include a commercial redress property.
3: Land ceases to be RFR land if—
a: the fee simple estate in the land transfers from the RFR landowner to—
i: the trustees or their nominee (for example, under section 119(1) section 134
ii: any other person (including the Crown or a Crown body) under section 129(d)
b: the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 138 to 144
ii: under any matter referred to in section 145(1)
c: the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 153
d: the RFR period ends. Restrictions on disposal of RFR land
129: Restrictions on disposal of RFR land
An RFR landowner must not dispose of RFR land to a person other than the trustees or their nominee unless the land is disposed of—
a: under any of sections 135 to 144
b: under any matter referred to in section 145(1)
c: in accordance with a waiver or variation given under section 153
d: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees if the offer to the trustees was—
i: made in accordance with section 130
ii: made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and
iii: not withdrawn under section 132
iv: not accepted under section 133 Trustees’ right of first refusal
130: Requirements for offer
1: An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees.
2: The notice must include—
a: the terms of the offer, including its expiry date; and
b: the legal description of the land, including any interests affecting it, and the reference for any record of title for the land; and
c: a street address for the land (if applicable); and
d: a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer.
131: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees receive notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees receive notice of the offer if—
a: the trustees received an earlier offer to dispose of the land; and
b: the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
132: Withdrawal of offer
The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted.
133: Acceptance of offer
1: The trustees may, by notice to the RFR landowner who made an offer, accept the offer if—
a: it has not been withdrawn; and
b: its expiry date has not passed.
2: The trustees must accept all the RFR land offered, unless the offer permits them to accept less.
134: Formation of contract
1: If the trustees accept an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and the trustees on the terms in the offer.
2: The terms of the contract may be varied by written agreement between the RFR landowner and the trustees.
3: Under the contract, the trustees may nominate any person (the nominee
4: The trustees may nominate a nominee only if—
a: the nominee is lawfully able to hold the RFR land; and
b: notice is given to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
5: The notice must specify—
a: the full name of the nominee; and
b: any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.
6: If the trustees nominate a nominee, the trustees remain liable for the obligations of the transferee under the contract. Disposals to others where land remains RFR land
135: Disposal to the Crown or Crown bodies
1: An RFR landowner may dispose of RFR land to—
a: the Crown; or
b: a Crown body.
2: To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563
136: Disposal of existing public works to local authorities
1: An RFR landowner may dispose of RFR land that is a public work or part of a public work, in accordance with section 50 section 2
2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart.
137: Disposal of reserves to administering bodies
1: An RFR landowner may dispose of RFR land in accordance with section 26 26A
2: To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—
a: the RFR landowner of the land; or
b: subject to the obligations of an RFR landowner under this subpart.
3: However, if RFR land vests back in the Crown under section 25 27
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart. Disposals to others where land may cease to be RFR land
138: Disposal in accordance with obligations under enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
139: Disposal in accordance with legal or equitable obligations
An RFR landowner may dispose of RFR land in accordance with—
a: a legal or an equitable obligation that—
i: was unconditional before the settlement date; or
ii: was conditional before the settlement date but became unconditional on or after the settlement date; or
iii: arose after the exercise (whether before, on, or after the settlement date) of an option existing before the settlement date; or
b: the requirements, existing before the settlement date, of a gift, an endowment, or a trust relating to the land.
140: Disposal under certain legislation
An RFR landowner may dispose of RFR land in accordance with—
a: section 54(1)(d)
b: section 34 43 44
c: section 355(3)
d: an Act that—
i: excludes the land from a national park within the meaning of the National Parks Act 1980
ii: authorises that land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987 National Parks Act 1980 Reserves Act 1977
141: Disposal of land held for public works
1: An RFR landowner may dispose of RFR land in accordance with—
a: section 40(2) or (4) 41
b: section 52 105(1) 106 114(3) 117(7) 119
c: section 117(3)(a)
d: section 117(3)(b)
e: section 23(1) or (4) 24(4) 26
2: To avoid doubt, RFR land may be disposed of by an order of the Māori Land Court under section 134 section 41(1)(e)
142: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
143: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
144: Disposal to tenants
The Crown may dispose of RFR land,—
a: if the land was held on the settlement date for education purposes, to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or
b: under section 67
i: before the settlement date; or
ii: on or after the settlement date under a right of renewal in a lease granted before the settlement date; or
c: under section 93(4) RFR landowner obligations
145: RFR landowner’s obligations subject to other matters
1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
a: any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any interest or legal or equitable obligation—
i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees; and
ii: that the RFR landowner cannot satisfy by taking reasonable steps; and
c: the terms of a mortgage over, or security interest in, RFR land.
2: Reasonable steps Notices about RFR land
146: Notice to LINZ of RFR land with record of title after settlement date
1: If a record of title is first created for RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the record of title has been created.
2: If land for which there is a record of title becomes RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.
3: The notice must be given as soon as is reasonably practicable after a record of title is first created for the RFR land or after the land becomes RFR land.
4: The notice must include the legal description of the land and the reference for the record of title.
147: Notice to trustees of disposal of RFR land to others
1: An RFR landowner must give the trustees notice of the disposal of RFR land by the landowner to a person other than the trustees or their nominee.
2: The notice must be given on or before the date that is 20 working days before the day of the disposal.
3: The notice must include—
a: the legal description of the land, including any interests affecting it; and
b: the reference for any record of title for the land; and
c: the street address for the land (if applicable); and
d: the name of the person to whom the land is being disposed of; and
e: an explanation of how the disposal complies with section 129
f: if the disposal is to be made under section 129(d)
148: Notice to LINZ of land ceasing to be RFR land
1: This section applies if land contained in a record of title is to cease being RFR land because—
a: the fee simple estate in the land is to transfer from the RFR landowner to—
i: the trustees or their nominee (for example, under section 119(1) section 134
ii: any other person (including the Crown or a Crown body) under section 129(d)
b: the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 138 to 144
ii: under any matter referred to in section 145(1)
c: the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 153
2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.
3: The notice must include—
a: the legal description of the land; and
b: the reference for the record of title for the land; and
c: the details of the transfer or vesting of the land.
149: Notice requirements
Schedule 3
a: an RFR landowner; or
b: the trustees. Right of first refusal recorded on records of title
150: Right of first refusal to be recorded on records of title for RFR land
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the records of title for,—
a: the RFR land for which there is a record of title on the settlement date; and
b: the RFR land for which a record of title is first created after the settlement date; and
c: land for which there is a record of title that becomes RFR land after the settlement date.
2: The chief executive must issue a certificate as soon as is reasonably practicable—
a: after the settlement date, for RFR land for which there is a record of title on the settlement date; or
b: after receiving a notice under section 146
3: Each certificate must state that it is issued under this section.
4: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each record of title for the RFR land identified in the certificate that the land is—
a: RFR land, as defined in section 128
b: subject to this subpart (which restricts disposal, including leasing, of the land).
151: Removal of notations when land to be transferred or vested
1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 148(2)
a: the legal description of the land; and
b: the reference for the record of title for the land; and
c: the details of the transfer or vesting of the land; and
d: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
3: If the Registrar-General receives a certificate issued under this section, the Registrar-General must, immediately before registering the transfer or vesting described in the certificate, remove from the record of title identified in the certificate any notation recorded under section 150
152: Removal of notations when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends, issue to the Registrar-General a certificate that includes—
a: the reference for each record of title for RFR land that still has a notation recorded under section 150
b: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notation recorded under section 150 General provisions applying to right of first refusal
153: Waiver and variation
1: The trustees may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart.
2: The trustees and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
3: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
154: Disposal of Crown bodies not affected
This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.
155: Assignment of rights and obligations under this subpart
1: Subsection (3) applies if the RFR holder—
a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional document; and
b: has given the notices required by subsection (2).
2: The RFR holder must give notices to each RFR landowner that—
a: state that the RFR holder's rights and obligations under this subpart are being assigned under this section; and
b: specify the date of the assignment; and
c: specify the names of the assignees and, if they are the trustees of a trust, the name of the trust; and
d: specify the street address, postal address, and fax number or electronic address for notices to the assignees.
3: This subpart and Schedule 3
4: In this section,— constitutional document RFR holder
a: they are the trustees; or
b: they have previously been assigned those rights and obligations under this section.
3: Coastal permits in reserved area of coastal marine area
156: Interpretation
In this subpart,— 20-year period aquaculture activities section 2(1) coastal permit section 2(1) replacement area section 158(1) reserved area
a: the coastal marine area shown as A and B on the plan in part 4 of the attachments; and
b: either—
i: the coastal marine area shown as C on the plan in part 4 of the attachments ( area C
ii: the replacement area.
157: Exclusive right to apply for coastal permits for aquaculture activities in reserved area
1: This section applies during the 20-year period.
2: No person may apply for a coastal permit authorising occupation of space in the reserved area, for the purpose of aquaculture activities, except the trustees or their nominee.
3: A consent authority may grant a coastal permit authorising any other activity in the reserved area, but only—
a: to the extent that the activity is compatible with aquaculture activities in the reserved area; and
b: after consultation with the trustees.
4: Subsection (2) does not affect any application received by a consent authority—
a: before the start of the 20-year period; or
b: in respect of the replacement area, before the notice under section 158(1)
5: This section overrides section 165E
158: Part of reserved area may be changed
1: The Minister for Oceans and Fisheries (the relevant Minister Gazette
a: is coastal marine area in the area of interest, even if it includes any part of area C; and
b: is no more than 1,000 hectares; and
c: is described in the notice.
2: The relevant Minister must not make the notice unless—
a: the trustees apply in writing to the relevant Minister with—
i: a request for the notice to be made; and
ii: a full description of the proposed replacement area; and
b: the relevant Minister consults the Minister for Treaty of Waitangi Negotiations and the Minister of Conservation about the proposed replacement area; and
c: the relevant Minister is satisfied that any other affected iwi (as iwi is defined in the Maori Fisheries Act 2004) have been consulted about the proposed replacement area and that their views have been considered; and
d: the notice is published within 3 years after the start of the 20-year period.
159: Regional coastal plan to identify reserved area
1: Bay of Plenty Regional Council must amend its regional coastal plan, as soon as is reasonably practicable after—
a: the start of the 20-year period, to identify the reserved area and to record the effect of section 157
b: the date on which the notice under section 158(1)
c: the end of the 20-year period, to remove the amendments made under paragraphs (a) and (b).
2: The Council must make the amendments without using the process in Schedule 1
4: Natural resources arrangements
1: Whakatōhea Kaitiaki Forum
Whakatōhea Kaitiaki Forum established
160: Establishment of Whakatōhea Kaitiaki Forum
1: This section establishes the Whakatōhea Kaitiaki Forum.
2: Despite its membership (as described in section 166 clause 30(1)(b) of Schedule 7
3: Despite Schedule 7
a: is a permanent committee; and
b: must not be discharged except with the unanimous agreement of all of the appointers; and
c: is subject to Schedule 7 Schedule 4 Principles, purpose, functions, powers, and area of forum
161: Principles of forum
The principles that underpin the Whakatōhea Kaitiaki Forum are as follows: Kaupapa
a: Kia mau ki te wairua o Te Tiriti o Waitangi
b: Kia mahi tahi ki te whakatutuki ngātahi i ngā whāinga pāhekoheko, ko te āhukahuka me te tūtohu i ngā hua taupuhipuhi i te mahi tahi ki ngā rōpū:
c: Kia whakatūturu i te whakapāpātanga wawe i ngā take kua āhukahukatia te whai pāngataupuhipuhi:
d: Kia whakamana i ngā mātāpono o te mana raraunga me tō Te Whakatōhea whai pānga ki te mātauranga Māori me te raraunga:
e: Kia tūtohu kei te hangore, kei te whanake tēnei piringa mahi:
f: Kia whakaute i te motuhaketanga o ngā rōpū me ō rātou mana ake, whakahaere, haepapa hoki:
g: Kia mōhio, kia tūtohu ka whai hua ngā rōpū i te mahitahi, me whakaae ngatahi kia whakaurua mai ētahi atu manatū, iwi rānei ki ngā kaupapa:
h: Ā, kia whakatūturu te noho haepapa ki ngā whakatau me ngā mahi kua whakaetia. Principles
a: Upholding the spirit of the Treaty of Waitangi
b: Working in a spirit of co-operation to achieve joint outcomes, and recognising and acknowledging the mutual benefits that the parties gain from working together:
c: Ensuring early engagement on issues of recognised mutual interest:
d: Recognising and seeking to uphold the principles of Māori data sovereignty and Whakatōhea’s rights and interests in mātauranga Māori and data:
e: Acknowledging that the relationship is flexible and evolving:
f: Respecting the independence of the parties and their individual mandates, roles, and responsibilities:
g: Recognising and acknowledging that the parties benefit from working together and may include other agencies or iwi in work programmes by mutual agreement:
h: Ensuring accountability for agreed decisions and actions.
162: Purpose of forum
The purpose of the Whakatōhea Kaitiaki Forum is—
a: to enhance the ability of Whakatōhea to—
i: express and discuss their interests and views in relation to the rivers and catchments in the Whakatōhea rohe with relevant councils and agencies; and
ii: participate in the design and implementation of developed solutions; and
b: to assist relevant councils and agencies to better understand Whakatōhea’s interests and views in relation to the rivers and catchments in the Whakatōhea rohe; and
c: to support the kaitiakitanga and mana whakahaere of Whakatōhea hapū; and
d: to promote te mana o te wai—the protection and enhancement of the health and well-being of the rivers and catchments in the Whakatōhea rohe; and
e: to strengthen relationships between Whakatōhea and relevant councils and agencies; and
f: any other purpose that the forum considers to be relevant to the rivers and catchments in the Whakatōhea rohe and the principles that underpin the forum.
163: Functions of forum
1: The principal function of the Whakatōhea Kaitiaki Forum is to achieve its purpose.
2: In seeking to achieve its purpose, the other functions of the forum are—
a: to promote the ability of Whakatōhea to exercise kaitiakitanga and mana whakahaere; and
b: to work with local authorities, neighbouring iwi, and other stakeholders on achieving integrated river and catchment management; and
c: to consider and promote the outcomes sought in the environmental management plans of the Whakatōhea iwi and hapū; and
d: to prepare and approve Te Rautaki Kaitiaki
i: reflects the Whakatōhea kaitiakitanga and mana whakahaere; and
ii: outlines a vision and aspirations for the rivers and catchments and recommends actions for achieving those aspirations; and
iii: identifies resource management issues; and
iv: identifies projects and funding sources; and
v: recommends actions for relevant local authorities to address identified issues; and
vi: provides a monitoring framework for identified issues; and
e: to oversee and monitor the implementation of Te Rautaki Kaitiaki and the environmental management plans of the Whakatōhea iwi and hapū; and
f: to review, and discuss with the trustees, the proposed joint management agreement under section 172
g: to take any other action that the forum considers appropriate to achieving its purpose.
3: The forum has discretion in any particular circumstance as to whether, how, and to what extent it will perform any of its functions.
164: Capacity and powers of forum
The Whakatōhea Kaitiaki Forum has full capacity, and the powers that are reasonably necessary, to carry out its functions in accordance with this subpart and Schedule 4
165: Area of forum
The purpose, functions, and powers of the Whakatōhea Kaitiaki Forum—
a: apply in respect of the area shown on the plan in part 8 of the attachments (the forum area
b: are to be pursued, carried out, or exercised with a focus on the rivers and catchments in that area. Members
166: Appointment of members of forum
1: The Whakatōhea Kaitiaki Forum consists of 10 members appointed by notice given by the specified appointer
a: 6 members appointed by the trustees:
b: 3 members appointed by Bay of Plenty Regional Council:
c: 1 member appointed by Ōpōtiki District Council.
2: In appointing a member to the forum, an appointer must—
a: be satisfied that the person has the mana, skills, knowledge, and experience to—
i: understand and respect the mana and tikanga of Whakatōhea; and
ii: participate effectively in the forum; and
iii: ensure that the purpose of the forum is achieved; and
b: have regard to any members already appointed, or to be appointed, to the forum to ensure that the membership reflects a balanced mix of skills, knowledge, and experience so that the forum can best achieve its purpose.
3: A member of the forum may, by notice,—
a: resign; or
b: be reappointed or removed, at their appointer’s discretion.
167: Duties and liability of members
1: A member of the Whakatōhea Kaitiaki Forum must act in a way that promotes the purpose, and the effective carrying out of the functions, of the forum.
2: A member of the forum is not personally liable for doing, or not doing, anything in their capacity as a member, as long as they act lawfully, in accordance with this subpart, and in good faith.
3: A person is not a member of a local authority just because they are a member of the forum.
168: Validity of acts not affected
Nothing done by the Whakatōhea Kaitiaki Forum is invalid because of—
a: a vacancy in the membership of the forum when the thing was done; or
b: the later discovery of a defect in the appointment of a person as a member.
169: Term of appointment
1: An appointer who appoints a member of the Whakatōhea Kaitiaki Forum must do so no later than the 60th day after the polling day for the most recent triennial local election, unless filling a vacancy or appointing the first members of the forum.
2: The term for which a member is appointed—
a: starts on the 60th day after the polling day for the most recent triennial local election; and
b: ends after 3 years.
3: However, the term for which the first members of the forum are appointed—
a: starts on the date specified in the notices of appointment, which must be on, or within 6 months after, the settlement date; and
b: ends on the 59th day after the polling day for the next triennial local election after the settlement date.
4: Despite the rest of this section, a member’s term may—
a: start later if they are filling a vacancy; and
b: end earlier if they resign or are removed by their appointer. Administration of forum
170: Administration of forum
Schedule 4
2: Joint management agreements
171: Interpretation
In this subpart,— joint management agreement parties
a: the trustees; and
b: the relevant council or councils; and
c: a person who is to, or does, enter into or join the agreement under section 174 relevant council
172: Trustees may require joint management agreement
1: The trustees may at any time give written notice to—
a: either Bay of Plenty Regional Council or Ōpōtiki District Council to enter into a joint management agreement with the trustees; or
b: both Bay of Plenty Regional Council and Ōpōtiki District Council to together enter into a joint management agreement with the trustees.
2: The trustees may give notice to a council only if the trustees have first—
a: discussed the proposed agreement with the Whakatōhea Kaitiaki Forum and the relevant council or councils; and
b: considered the views of the forum, and the relevant council or councils, on the proposed agreement.
3: The trustees may enter into more than 1 joint management agreement with each council.
173: When joint management agreement required
A joint management agreement must be entered into, as required by a notice given under section 172
a: the date that is 18 months after the date of the notice; or
b: any later date agreed in writing by the trustees and the relevant council or councils.
174: Additional parties to joint management agreement
Any person may at any time join, or help to develop and agree to enter into, a joint management agreement if the other parties agree to it.
175: Area of joint management agreement
1: A joint management agreement must apply to the rivers and catchments within all or part of the forum area.
2: However, the trustees may at any time give written notice to the relevant council or councils to expand a joint management agreement to apply to the rivers and catchments—
a: within any other part of the forum area; or
b: within any coastal marine area in the area of interest, if the Minister of Conservation agrees.
3: The trustees may give the notice only if the trustees have first—
a: discussed the proposed expansion with the Whakatōhea Kaitiaki Forum, the relevant council or councils, and any other party to the agreement; and
b: considered the views of the forum, the relevant council or councils, and any other party about the proposed expansion.
4: In this section, forum area section 165(a)
176: Scope of joint management agreement
1: A joint management agreement must cover how the parties will work together in relation to—
a: processes that involve planning under the Resource Management Act 1991
b: processes that involve resource consents under the Resource Management Act 1991
c: the monitoring of water quality; and
d: other processes that involve freshwater management under the Resource Management Act 1991
2: A joint management agreement may also cover other matters under the Resource Management Act 1991
3: A joint management agreement must set out details of—
a: the resourcing required to administer the agreement; and
b: how the costs of administering the agreement will be paid.
177: Legal framework
1: Sections 36B to 36E
2: The exercise of a power, or performance of a function or duty, by the trustees or a relevant council under a joint management agreement has the same legal effect as a power exercised, or function or duty performed, by a council.
3: A council must not use the special consultative procedure under section 83
4: Schedule 7
5: A joint management agreement is enforceable by the parties.
6: A joint management agreement ends only if the trustees and the relevant council or councils agree.
7: A person who enters into or joins a joint management agreement under section 174
178: Development and operation of joint management agreement
1: The parties must work together—
a: to develop a joint management agreement; and
b: to operate under a joint management agreement.
2: In working together, the parties must act in a way that—
a: promotes the purpose of the Whakatōhea Kaitiaki Forum ( see section 162
b: respects the principles that underpin the forum ( see section 161
c: reflects a shared commitment to—
i: working together in good faith and a spirit of co-operation; and
ii: communicating openly, honestly, and transparently; and
iii: doing their best to ensure that the purpose of a joint management agreement is achieved in an enduring way; and
iv: recognising that a joint management agreement operates within statutory frameworks, and the importance of complying with those statutory frameworks and time frames and of minimising delays and costs.
5: Governance reorganisation and taxation matters
179: Interpretation
1: In subparts 1 2 assets and liabilities
a: means the assets and liabilities owned, controlled, or held, wholly or in part, immediately before the commencement of this Act by the Whakatōhea Māori Trust Board, the Whakatōhea Fisheries Trust, or a relevant subsidiary; and
b: includes—
i: all assets of any kind, whether in the form of real or personal property, money, shares, securities, rights, or interests; and
ii: all liabilities, including debts, charges, duties, contracts, or other obligations (whether present, future, actual, contingent, payable, or to be observed or performed in New Zealand or elsewhere) exempt income section YA 1 Inland Revenue Acts section 3(1) mandated organisation
a: for the purposes of the Maori Fisheries Act 2004
b: for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004 relevant subsidiary
a: Whakatohea Fisheries Asset Holding Company Limited, being a subsidiary company owned by the Whakatōhea Māori Trust Board, in its capacity as the asset-holding company of—
i: the mandated iwi organisation of Whakatōhea, for the purposes of the Maori Fisheries Act 2004
ii: the iwi aquaculture organisation, for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004
b: Te Pou Oranga o Whakatōhea Limited, being a subsidiary company owned by the Whakatōhea Māori Trust Board:
c: Pakihi Trading Company Limited, being a subsidiary company owned by the Whakatōhea Fisheries Trust tax charity section YA 1 taxable income section YA 1 transferred employee section 195 Whakatōhea Fisheries Trust Trust
2: In subparts 1 2
a: the Maori Fisheries Act 2004 Maori Commercial Aquaculture Claims Settlement Act 2004
b: the Inland Revenue Acts, have the meanings given in those Acts.
1: Governance reorganisation
Board and Trust dissolved
180: Whakatōhea Māori Trust Board dissolved
1: On the commencement of this Act,—
a: the Whakatōhea Māori Trust Board is dissolved; and
b: the term of office of the members of the Board expires.
2: A person holding office as a member of the Board immediately before the commencement of this Act is not entitled to compensation as a result of the expiry under this section of their term of office.
181: Whakatōhea Fisheries Trust dissolved
1: On the commencement of this Act,—
a: the Whakatōhea Fisheries Trust is dissolved; and
b: the term of office of the trustees of the Whakatōhea Fisheries Trust expires.
2: A person holding office as a trustee of the Whakatōhea Fisheries Trust immediately before the commencement of this Act is not entitled to compensation as a result of the expiry under this section of their term of office. Vesting of assets and liabilities
182: Vesting of assets and liabilities of Board and Whakatōhea Fisheries Trust
1: On the commencement of this Act, the assets and liabilities of the Board and of the Whakatōhea Fisheries Trust—
a: vest in the trustees of Te Tāwharau o Te Whakatōhea and become the assets and liabilities of the trustees; and
b: to the extent that those assets and liabilities are owned or held subject to any charitable trusts, are freed of all charitable trusts.
2: However, those assets and liabilities—
a: remain subject to any other trusts, covenants, or conditions affecting them; and
b: become subject to any trusts expressed in the deed of trust of Te Tāwharau o Te Whakatōhea. Relevant subsidiaries
183: Treatment of assets and liabilities of relevant subsidiaries
1: If, on the commencement of this Act, a relevant subsidiary is a tax charity for the purposes of the Inland Revenue Acts, that subsidiary ceases to be a tax charity on that date.
2: To the extent that the assets and liabilities of a relevant subsidiary are held subject to any charitable trusts, on and from the commencement of this Act,—
a: those assets and liabilities are freed of all charitable trusts but remain subject to any other trusts, covenants, or conditions affecting those assets and liabilities; and
b: the constitution of the relevant subsidiary is deemed to have been amended to the extent necessary to give effect to paragraph (a).
3: To avoid doubt,—
a: nothing in this subpart has the effect, of itself, of causing a relevant subsidiary to be a different person for the purposes of the Inland Revenue Acts; and
b: the assets and liabilities of a relevant subsidiary continue to be the assets and liabilities of that subsidiary; and
c: the income of a relevant subsidiary derived from revenue account property is exempt income until immediately before that company ceases to be a registered charitable entity.
4: In this section, revenue account property Trustees of Te Tāwharau o Te Whakatōhea become mandated organisation
184: Recognition of new mandated organisation
1: On and from the commencement of this Act,—
a: the trustees of Te Tāwharau o Te Whakatōhea are, and are recognised by Te Ohu Kai Moana Trustee Limited as, the mandated organisation for Whakatōhea in place of the Board, as if the trustees were recognised as the mandated iwi organisation or the iwi aquaculture organisation, as the case may require; and
b: Whakatohea Fisheries Asset Holding Company Limited is the asset-holding company of the trustees of Te Tāwharau o Te Whakatōhea.
2: However, any reference in the Maori Fisheries Act 2004
3: On and from the commencement of this Act,—
a: the trust deed of Te Tāwharau o Te Whakatōhea is approved by Te Ohu Kai Moana Trustee Limited as the constitutional document of Te Tāwharau o Te Whakatōhea, as if it were approved under section 17
b: the trustees of Te Tāwharau o Te Whakatōhea must—
i: meet the criteria in section 14
ii: satisfy section 12(1)(d)
iii: ensure that the requirements in section 33(1)
185: Certain effects of recognition of new mandated organisation
On and from the commencement of this Act,—
a: any registered coastline entitlement held by the Board immediately before the commencement of this Act is to be treated as a registered coastline entitlement held by the trustees of Te Tāwharau o Te Whakatōhea; and
b: any coastline claim, agreement, or written statement of the Board made under Part 1
186: Functions of Te Ohu Kai Moana Trustee Limited
1: On and from the commencement of this Act, and without further authorisation than this section, Te Ohu Kai Moana Trustee Limited is deemed to have taken, and must continue to take, all actions necessary, in accordance with the requirements of the Maori Fisheries Act 2004 Maori Commercial Aquaculture Claims Settlement Act 2004
a: to provide administratively for the matters set out in sections 184 185 Maori Fisheries Act 2004
b: to make the appropriate changes to the iwi register or iwi aquaculture register, as relevant, in accordance with the relevant legislation.
2: Te Ohu Kai Moana Trustee Limited is not liable, and no action may be brought against it, for any act described in the deed of settlement that it does or omits to do, to the extent that the act is done in good faith and with reasonable cause. General matters relating to reorganisation
187: Final report of Board and Whakatōhea Fisheries Trust
1: As soon as is reasonably practicable after the commencement of this Act, the trustees of Te Tāwharau o Te Whakatōhea must prepare a final report (as if the report were an annual report required by section 31
2: The final report must consist of—
a: a statement of the financial position of both the Board and the Whakatōhea Fisheries Trust and other statements of accounts necessary to provide the information required by subsection (1); and
b: an audit report prepared by the Auditor-General on the statement and information referred to in paragraph (a).
3: As soon as is reasonably practicable after the final report is completed, the trustees of Te Tāwharau o Te Whakatōhea must provide it to the Minister for Māori Development, who must present it to the House of Representatives as soon as is reasonably practicable after receiving it.
188: Matters not affected by transfer
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, a rule of law, or a 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.
189: Status of existing instruments
1: The trustees of Te Tāwharau o Te Whakatōhea are to be treated as if they were the members of the Board, or were the trustees of the Whakatōhea Fisheries Trust, under any existing instrument—
a: to which the members of the Board or the trustees of the Trust were a party; or
b: that the members of the Board or the trustees of the Trust gave, received, or were to give or receive.
2: An express or implied reference to the Board or the Whakatōhea Fisheries Trust in an existing instrument or in a register must be read as a reference to the trustees of Te Tāwharau o Te Whakatōhea, unless the context otherwise requires.
3: In this section, existing instrument
190: Status of existing securities
1: A security held by the Board or the Whakatōhea Fisheries Trust as security for a debt or other liability to the Board or the Trust incurred before the commencement of this Act—
a: is available to the trustees of Te Tāwharau o Te Whakatōhea as security for the discharge of that debt or liability; and
b: if the security extends to future or prospective debts or liabilities, is available as security for the discharge of debts or liabilities to the trustees of Te Tāwharau o Te Whakatōhea incurred on or after the commencement of this Act.
2: The trustees of Te Tāwharau o Te Whakatōhea are entitled to the same rights and priorities, and are subject to the same liabilities, in relation to the security as the Board or the Whakatōhea Fisheries Trust would be if this Act had not been passed.
191: Continuation of proceedings
1: An action, arbitration, proceeding, or cause of action that was pending or existing by, against, or in favour of the Board or the Whakatōhea Fisheries Trust before the commencement of this Act may be continued and enforced by, against, or in favour of the trustees of Te Tāwharau o Te Whakatōhea.
2: It is not necessary to amend a pleading, writ, or other document to continue the action, arbitration, proceeding, or cause of action.
192: Books and documents to remain evidence
1: A document, matter, or thing that would have been admissible in evidence for or against the Board or the Whakatōhea Fisheries Trust is, on and from the commencement of this Act, admissible in evidence for or against the trustees of Te Tāwharau o Te Whakatōhea.
2: In this section, document section 4(1)
193: Removal of charitable entities from register
1: The Board, the Whakatōhea Fisheries Trust, and any relevant subsidiary must be removed, under section 31
2: This section applies despite anything in the Charities Act 2005
194: Other registers
1: The Registrar-General or any other person charged with keeping books or registers is not required, solely because of the provisions in this subpart, to change the name of the Board, the members of the Board, or the Whakatōhea Fisheries Trust to the names of the trustees of Te Tāwharau o Te Whakatōhea in the books or registers or in a document.
2: If the trustees of Te Tāwharau o Te Whakatōhea present an instrument to a registrar or other person, the presentation of that instrument is, in the absence of evidence to the contrary, sufficient proof that the property is vested in the trustees, as specified in the instrument.
3: For the purposes of subsection (2), the instrument need not be an instrument of transfer, but must—
a: be executed or purport to be executed by the trustees of Te Tāwharau o Te Whakatōhea; and
b: relate to assets or liabilities owned, controlled, or held, wholly or in part, by the Board or the Whakatōhea Fisheries Trust immediately before the commencement of this Act; and
c: be accompanied by a certificate given by the trustees of Te Tāwharau o Te Whakatōhea or their solicitor stating that the property was vested in the trustees by or under this Act. Employees
195: Transfer of employees
On and from the commencement of this Act, each employee of the Board or the Whakatōhea Fisheries Trust ceases to be an employee of the Board or the Trust and becomes an employee of the trustees of Te Tāwharau o Te Whakatōhea.
196: Protection of terms and conditions of employment
1: The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before the commencement of this Act.
2: This section—
a: continues to apply to the terms and conditions of employment of a transferred employee until they are varied by agreement between the transferred employee and the trustees of Te Tāwharau o Te Whakatōhea; and
b: does not apply to a transferred employee who accepts any subsequent appointment with the trustees of Te Tāwharau o Te Whakatōhea.
197: Continuity of employment
For the purposes of an enactment, rule of law, determination, contract, or agreement relating to the employment of a transferred employee, the transfer of the employee from the Board or the Whakatōhea Fisheries Trust to the trustees of Te Tāwharau o Te Whakatōhea does not, of itself, break the employment of that person, and the period of their employment by the Board or the Trust is to be regarded as having been a period of service with the trustees.
198: No compensation for technical redundancy
A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that—
a: the position held by the employee with the Board or the Whakatōhea Fisheries Trust has ceased to exist; or
b: the employee has ceased, as a result of the person’s transfer to the trustees of Te Tāwharau o Te Whakatōhea, to be an employee of the Board or the Whakatōhea Fisheries Trust.
199: Liability of employees and agents
1: A person who, at any time before the commencement of this Act, held office as a member of the Board or a trustee of the Whakatōhea Fisheries Trust or who was an officer, employee, agent, or representative of the Board or the Trust, is not personally liable in respect of an act or thing done or omitted to be done by that person before the commencement of this Act in the exercise or bona fide purported exercise of an authority conferred by or under the Maori Trust Boards Act 1955
2: This section applies only—
a: in the absence of actual fraud; and
b: if the act or omission does not amount to an offence under any enactment or rule of law.
2: Taxation provisions
200: Application and interpretation
1: This subpart applies, by virtue of the reorganisation of the governance of Whakatōhea under subpart 1
2: In this subpart,— taxable Māori authority distribution section HF 7 undistributed charitable amount
a: in relation to the Board or the Whakatōhea Fisheries Trust, the amount described in section 201(5)
b: in relation to a relevant subsidiary, the amount described in section 204(1)(b) and (2)
201: Taxation in respect of transfer of assets and liabilities of Board
1: On and from the date on which the assets and liabilities of the Board and the Whakatōhea Fisheries Trust vest in the trustees of Te Tāwharau o Te Whakatōhea under subpart 1
a: the trustees are deemed to be the same person as the Board and as the Whakatōhea Fisheries Trust; and
b: everything done by the Board or the Whakatōhea Fisheries Trust before that date is deemed to have been done by the trustees on the date that it was done by the Board or the Trust.
2: Income derived or expenditure incurred by the Board or the Whakatōhea Fisheries Trust before the assets and liabilities vest in the trustees of Te Tāwharau o Te Whakatōhea does not become income derived or expenditure incurred by the trustees just because the assets and liabilities vest in those trustees under subpart 1
3: Subsection (4) applies if income of the Board or the Whakatōhea Fisheries Trust—
a: is derived from a financial arrangement, trading stock, revenue account property, or depreciable property; and
b: is exempt income of the Board or the Whakatōhea Fisheries Trust but is not exempt income of the trustees of Te Tāwharau o Te Whakatōhea.
4: The trustees of Te Tāwharau o Te Whakatōhea must be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property—
a: on the day that it becomes the property of the trustees; and
b: for a consideration that is its market value on that day.
5: The trustees of Te Tāwharau o Te Whakatōhea must identify the undistributed charitable amount, which is the sum of the 2 amounts calculated by applying the following formula to the Board and the Whakatōhea Fisheries Trust: x − y where— x is the total amounts derived by the Board or the Trust that, but for the application of sections CW 41 CW 42 y is the total of the amounts described in variable x that have been distributed before the commencement of this Act.
6: However, if applying the formula to the Board or the Whakatōhea Fisheries Trust under subsection (5) results in a number that is less than 0, the result of that calculation must be treated as 0.
7: The undistributed charitable amount is excluded from the corpus of the trustees of Te Tāwharau o Te Whakatōhea for the purposes of the Income Tax Act 2007
8: If the trustees of Te Tāwharau o Te Whakatōhea distribute any of the undistributed charitable amount to a person, that amount is treated as beneficiary income for the purposes of the Income Tax Act 2007, unless subsection (9) applies.
9: If the trustees of Te Tāwharau o Te Whakatōhea distribute any of the undistributed charitable amount for a charitable purpose, the distribution is exempt income of the recipient.
202: Election by trustees to be Māori authority
1: If the trustees of Te Tāwharau o Te Whakatōhea elect under section HF 11
a: exempt income if the distribution is applied for a charitable purpose; or
b: a taxable Māori authority distribution.
2: If this section applies, the amounts must be disregarded for the purposes of section HF 8 Relevant subsidiaries
203: Taxation in respect of assets and liabilities of relevant subsidiaries
1: This section applies if—
a: the assets and liabilities of a relevant subsidiary remain the assets and liabilities of the subsidiary; and
b: income of the relevant subsidiary derived from a financial arrangement, trading stock, revenue account property, or depreciable property is exempt income of the subsidiary before the commencement of this Act, and ceases to be exempt income as a result of the application of section 183(1)
2: The relevant subsidiary is to be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property for a consideration that is its market value on the date of the commencement of this Act.
204: Election by relevant subsidiary to be Māori authority
1: This section applies if a relevant subsidiary—
a: elects under section HF 11
b: when the election is made, has an undistributed charitable amount arising from income that was exempt income under sections CW 41 CW 42
2: The undistributed charitable amount must be calculated on the date on which the relevant subsidiary ceases to be a tax charity under section 183(1)
3: A distribution of the undistributed charitable amount by the relevant subsidiary after its election to be a Māori authority is—
a: a distribution from exempt income of the subsidiary if the distribution is for a charitable purpose; or
b: if paragraph (a) does not apply, a taxable Māori authority distribution.
4: A distribution that is a taxable Māori authority distribution under subsection (3)(b) must be disregarded for the purposes of section HF 8
3: Consequential amendments and revocation
Amendment to Act
205: Amendment to Maori Trust Boards Act 1955
1: This section amends the Maori Trust Boards Act 1955
2: Repeal section 12 2024-06-05 Maori Trust Boards Act 1955 Revocation and amendment of secondary legislation
206: Revocation of Whakatōhea Māori Trust Board Order 2018
The Whakatōhea Māori Trust Board Order 2018 2024-06-05 Whakatōhea Māori Trust Board Order 2018
207: Amendments to Electoral (Iwi Organisation and Other Māori Organisation) Regulations 2018
1: This section amends the Electoral (Iwi Organisation and Other Māori Organisation) Regulations 2018
2: In the Schedule
3: In the Schedule Te Tāwharau o Te Whakatōhea 2024-06-05 Electoral (Iwi Organisation and Other Māori Organisation) Regulations 2018
208: Amendment to Maori Trust Boards Regulations 1985
1: This section amends the Maori Trust Boards Regulations 1985
2: In Schedules 1 2 2024-06-05 Maori Trust Boards Regulations 1985
209: Amendment to Maori Trust Boards (Transitional Provisions) Order 2012
1: This section amends the Maori Trust Boards (Transitional Provisions) Order 2012
2: Revoke clause 3(c) 2024-06-05 Maori Trust Boards (Transitional Provisions) Order 2012