Te Arawa Lakes Settlement Act 2006

1: Title
This Act is the Te Arawa Lakes Settlement Act 2006.
2: Commencement
1: The following provisions do not come into force until 1 November 2006:
a: the definitions in section 11 protected New Zealand objects protocol protected New Zealand objects protocol area
b: section 57
2: Section 101
a: the definitions that apply until 31 October 2006, in place of those referred to in subsection (1)(a); and
b: the form of section 57
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Purpose of Act, acknowledgements and apology, interpretation provisions, settlement of claims, and miscellaneous matters
1: Purpose of Act and acknowledgements and apology of the Crown to Te Arawa
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and apology given by the Crown to Te Arawa in the deed of settlement dated 18 December 2004 and signed by—
i: the Minister in charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, and the Minister of Māori Affairs, the Honourable Parekura Horomia, for the Crown; and
ii: Andrew Wharehuia Rangiheuea, Poiti Arama Karaka Pirika, and Roku Adrian Mihinui, by affixing the common seal of the Arawa Māori Trust Board for the Board and for and on behalf of Te Arawa; and
b: to give effect to certain provisions of the deed of settlement, which is a deed that settles the Te Arawa lakes historical claims and the Te Arawa lakes remaining annuity issues.
4: Act to bind the Crown
This Act binds the Crown.
5: Outline
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
2: The preamble summarises the historical account set out in Part 7 of the deed and provides background to the Act.
3: This Part, which follows the Title and commencement sections,—
a: sets out the purpose of the Act, records the acknowledgements and apology given by the Crown to Te Arawa in the deed, and specifies that the Act binds the Crown; and
b: states the general principle of interpretation applying to the Act and sets out definitions of terms used in this Act, including key terms such as settlement date Te Arawa Te Arawa lakebed Te Arawa lakes Te Arawa lakes historical claims Te Arawa lakes remaining annuity issues Te Arawa Lakes Trust Trustees of the Te Arawa Lakes Trust
c: provides that the settlement of the Te Arawa lakes historical claims and the Te Arawa lakes remaining annuity issues is final, and deals with related issues, including—
i: a statement of the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body to consider the Te Arawa lakes historical claims and the Te Arawa lakes remaining annuity issues; and
ii: provision for consequential amendments to the Treaty of Waitangi Act 1975
iii: miscellaneous matters relating to the settlement, namely, the exclusion of the limit on the duration of a trust
4: Part 2 14
a: the revocation of the statutory status of areas of the Te Arawa lakebeds and of a statutory appointment; and
b: the vesting of the fee simple estate of each Te Arawa lakebed in trust in the Trustees; and
c: the rights and obligations attaching to ownership of the Te Arawa lakebeds; and
d: the status of existing and new activities and structures, including provisions as to—
i: the common law right of navigation and the exercise of recreational activities; and
ii: the ongoing rights relevant to existing structures, existing commercial activities, and public utilities; and
iii: the basis on which new commercial activities may be undertaken or new structures erected; and
e: the status of the Te Arawa lakebeds under the Local Government (Rating) Act 2002
5: Part 3
a: the establishment by the Rotorua District Council and the Bay of Plenty Regional Council of the Rotorua Lakes Strategy Group (of which 2 Trustees of the Te Arawa Lakes Trust are members) and for the status and purpose of the Group; and
b: the issuing of protocols to the Trustees of the Te Arawa Lakes Trust by the Minister of Conservation, the Minister of Fisheries, the Minister for Arts, Culture and Heritage, and the Minister for the Environment; and
c: an acknowledgement by the Crown of the statement made by Te Arawa of its cultural, spiritual, historical, and traditional association with the statutory area (the Crown stratum
d: the amendment of certain existing place names associated with certain Rotorua lakes, the assignment of specified new place names, or the restoration of certain traditional names; and
e: the making of regulations to provide for the Trustees of the Te Arawa Lakes Trust to manage the non-commercial taking of certain indigenous species (defined as included species
6: Part 4 Subpart 1 Subpart 2 Subpart 3 Subpart 4
7: The schedules of this Act set out—
a: the legal descriptions of the Te Arawa lakebeds vested in the Trustees of the Te Arawa Lakes Trust and the encumbrances to which each vesting is subject; and
b: a list of the iwi and hapū of Te Arawa; and
c: the reserve sites affected by the vesting of the Te Arawa lakebeds in the Trustees of the Te Arawa Lakes Trust; and
d: the place names associated with the Rotorua lakes that are to be changed, assigned, or restored by the Act. Section 5(3)(c)(iii) amended 30 January 2021 section 161 Trusts Act 2019 Section 5(4) amended 24 October 2019 section 157 Statutes Amendment Act 2019
6: Acknowledgements and apology
Sections 7 to 9
7: Text of acknowledgements
The text of the acknowledgements, as set out in the deed of settlement, is as follows:
1: The Crown recognises that Te Arawa value the Te Arawa lakes and the lakes’ resources as taonga. The Crown acknowledges the spiritual, cultural, economic, and traditional importance to Te Arawa of the lakes and the lakes’ resources.
2: The Crown acknowledges that—
a: the introduction of exotic fish species significantly depleted the indigenous species upon which Te Arawa depended for food, hospitality, trade, and koha; and
b: Te Arawa petitioned the Crown for several years concerning the depletion of the indigenous species and access to the new species; and
c: some Te Arawa were prosecuted for fishing without a licence in the lakes during this time; and
d: its failure to legislate for a sufficient number of licences for Te Arawa in 1908 (when it promoted legislation to address the problem of hardship) was in breach of te Tiriti o Waitangi (the Treaty of Waitangi)
3: The Crown acknowledges that its deliberate delays in providing survey plans and public maps to Te Arawa for the Native Land Court hearings caused a sense of grievance within Te Arawa that is still held today.
4: The Crown further acknowledges that it failed to review the annuity paid to Te Arawa as part of the 1922 agreement regarding the lakes when it materially lost value as a result of inflation and this was a breach of te Tiriti o Waitangi (the Treaty of Waitangi)
5: The Crown acknowledges that—
a: Te Arawa has honoured its obligations and responsibilities under te Tiriti o Waitangi (the Treaty of Waitangi)
b: Te Arawa has demonstrated a record of co-operation with the Crown in relation to the lakes, but the benefits that Te Arawa expected to flow from its relationship with the Crown were not always realised; and
c: past Crown actions in relation to the Te Arawa lakes have had a negative impact on Te Arawa’s tino rangatiratanga over the lakes and their usage of the resources of the lakes; and
d: the pollution and degradation of several of the lakes have caused a sense of grievance within Te Arawa.
6: The Crown acknowledges the significant contribution that the Te Arawa lakes have made to tourism and the wealth of New Zealand and of the Rotorua district in particular.
7: The Crown also recognises the longstanding grievances of Te Arawa in relation to Crown acts and omissions concerning the Te Arawa lakes, expressed through petitions to the Government and the Stout-Ngata Commission. The Crown acknowledges that it has failed to deal with those grievances in an appropriate way and that recognition of Te Arawa’s grievances is long overdue.
8: The Crown accordingly makes the following apology to Te Arawa.
8: Text of apology in Māori: he kupu pouri
E tuku ana e te Karauna i tēnei kupu pouri ki a Te Arawa nui tonu, ki ō rātau tūpuna, ki ngā whakatupuranga, ki ngā iwi me ngā hapū hoki o Te Arawa: E arohanuitia ana e te Karauna me te tuku kupu pouri kāore nei he aukati o te kōrero, ki a Te Arawa, mō ngā takahanga i te Tiriti o Waitangi E arohanuitia ana te Karauna mō āna mahi i runga i ngā moana i papā kino ai ki te rangatiratanga o Te Arawa, ki ō rātau moana me ngā taonga o roto, e mapu tonu nei a Te Arawa i roto i te hinengaro. Nō reira, ka wawata te Karauna, mā tēnei kupu pouri ka mahea aua hē, ā, kia tīmatahia i konei te whakaora i ngā mamae. Ko te titiro whakamua te Karauna i tēnei wā ki te whakatū i tētehi tikanga tūmanako, whakahoahoa ki a Te Arawa mō ngā moana.
9: Text of apology in English
The Crown makes this apology to Te Arawa, to their ancestors, to their descendants and to the people and hapū of Te Arawa: The Crown profoundly regrets and unreservedly apologises to Te Arawa for the breaches of te Tiriti o Waitangi (the Treaty of Waitangi) The Crown profoundly regrets that past Crown actions in relation to the lakes have had a negative impact on Te Arawa’s rangatiratanga over the lakes and their use of lake resources, and have caused significant grievance within Te Arawa. Accordingly, with this apology, the Crown seeks to atone for these wrongs and begin the process of healing. The Crown looks forward to building a relationship of mutual trust and co-operation with Te Arawa in respect of the lakes.
2: Interpretation matters
10: 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.
11: Interpretation
In this Act, unless the context otherwise requires,— 1922 agreement 1922 arrangements
a: means the 1922 agreement and its subsequent implementation; but
b: does not include matters in that agreement relating to Lake Rotokakahi annuity section 4(2) aquatic life section 72(2) section 2(1) Arawa Māori Trust Board Board section 4(1) business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period commencing on 25 December in any year and ending with the close of 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the days observed as the anniversaries of the provinces of Wellington and Auckland cadastral survey dataset section 4 conservation document conservation legislation Conservation Act 1987 Schedule 1 Crown section 2(1) Crown stratum Cultural Redress Schedule customary food gathering section 72(1) customary rights section 12(3) deed of settlement deed
a: mean the deed of settlement dated 18 December 2004 and signed by—
i: the Minister in charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, and the Minister of Māori Affairs, the Honourable Parekura Horomia, for the Crown; and
ii: Andrew Wharehuia Rangiheuea, Poiti Arama Karaka Pirika, and Roku Adrian Mihinui, by affixing the common seal of the Arawa Māori Trust Board for the Board and for and on behalf of Te Arawa; and
b: include—
i: the schedules, comprising the Relationship Schedule, Cultural Redress Schedule, Deed of Covenant, and Schedule of Attached Plans; and
ii: any attachments; and
iii: the deed to amend the deed of settlement dated 15 February 2006 and signed by—
A: the Minister in charge of Treaty of Waitangi Negotiations, the Honourable Mark Burton, and the Minister of Māori Affairs, the Honourable Parekura Horomia, for the Crown; and
B: Andrew Wharehuia Rangiheuea, William Emery, and Putu Mihaka, as Trustees of the Te Arawa Lakes Trust, for and on behalf of Te Arawa; and
C: Andrew Wharehuia Rangiheuea, Poiti Arama Karaka Pirika, and Roku Adrian Mihinui, by affixing the common seal of the Arawa Māori Trust Board for the Board; and
iv: subject to section 81 DOC protocol section 52
a: sets out how the Department of Conservation and the Trustees of the Te Arawa Lakes Trust will interact on the matters specified in the protocol; and
b: is in the form set out in Part 2 of the Relationship Schedule or as the protocol is amended under section 52 DOC protocol area
a: the Te Arawa lakes, as identified in attachment A of the DOC protocol set out in Part 2 of the Relationship Schedule; and
b: the streams and rivers flowing into the Te Arawa lakes, to the extent specifically provided for in clauses 9 and 10 of the DOC protocol; and
c: the lands adjoining the lakes that are administered by the Department of Conservation, to the extent specifically provided for in clause 11 of the DOC protocol effective date section 59 encumbrance Schedule 1 environment protocol section 52
a: sets out how the Ministry for the Environment and the Trustees of the Te Arawa Lakes Trust will interact on the matters specified in the protocol; and
b: is in the form set out in Part 2 of the Relationship Schedule or as the protocol is amended under section 52 environment protocol area
a: means the Te Arawa lakes, as identified in attachment A of the environment protocol set out in Part 2 of the Relationship Schedule; and
b: includes the catchments of those lakes and any lands in the vicinity of the lakes, to the extent specifically provided for in clauses 7 to 11 of the environment protocol existing commercial activity section 36(1) and (2) existing structure section 33(1) fisheries legislation
a: the Fisheries Act 1996
b: regulations made under that Act or under the Fisheries Act 1983 fisheries protocol section 52
a: sets out how the Ministry of Fisheries and the Trustees of the Te Arawa Lakes Trust will interact on the matters specified in the protocol; and
b: is in the form set out in Part 2 of the Relationship Schedule or as the protocol is amended under section 52 fisheries protocol area
a: the Te Arawa lakes, as identified in attachment A of the fisheries protocol set out in Part 2 of the Relationship Schedule; and
b: the streams and rivers flowing into the Te Arawa lakes, to the extent specifically provided for in clauses 6 to 8 of the fisheries protocol Heritage New Zealand Pouhere Taonga section 9 included species section 72(1) inclusion date Part 44 initial trustees local authority section 5(1) member of Te Arawa section 12(1)(b) protected New Zealand objects protocol section 52
a: sets out how the chief executive of the Ministry for Culture and Heritage and the Trustees of the Te Arawa Lakes Trust will interact on the matters specified in that protocol; and
b: is in the form set out in Part 2 of the Relationship Schedule or as the protocol is amended under section 52 protected New Zealand objects protocol area protocol subpart 2 public utility public utility authority section 37 recreational activity section 32(1) Registrar-General section 4 Relationship agreement Relationship Schedule
a: the Rotorua Lakes Strategy Group agreement; and
b: the protocols; and
c: the Relationship agreement representative entity
a: the Trustees of the Te Arawa Lakes Trust:
b: a person appointed as an agent for Te Arawa under clause 3.7 of the deed:
c: a person (including a trustee) acting for, or on behalf of,—
i: the collective group referred to in section 12(1)(a)
ii: 1 or more of the iwi, hapū, groups, families, or whānau referred to in section 12(1)(b)
iii: 1 or more members of Te Arawa reserve site section 20(1) resource consent section 2(1) responsible Minister subpart 2
a: the Minister of Conservation:
b: the Minister of Fisheries:
c: the Minister for Arts, Culture and Heritage:
d: the Minister for the Environment:
e: any other Minister of the Crown who is authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 2 responsible Ministry subpart 2
a: the Department of Conservation:
b: the Ministry of Fisheries:
c: the Ministry for Culture and Heritage:
d: the Ministry for the Environment:
e: any other department of State authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 2 Rotorua lakes section 47 Rotorua Lakes Strategy Group Group section 47 Rotorua Lakes Strategy Group agreement settlement date statement of association section 59 statutory acknowledgement section 59 statutory area section 59 statutory plan section 59 submerged land or the inclusion date (as the case may be)
a: would be covered by the waters of the relevant lake—
i: at that lake’s highest level without exceeding its margin, in the case of a lake not controlled by artificial means; or
ii: at that lake’s maximum operating level, as prescribed from time to time by any resource consent or rule of a regional plan or proposed plan, in the case of a lake controlled by artificial means; and
b: has not been reclaimed from the relevant lake (by any method of displacing lake water with soil, sand, or other material), whether or not that reclamation was lawful sustainable utilisation section 72(1) Te Arawa section 12(1) Te Arawa ancestor ancestor Te Arawa fisheries area section 72(1) Te Arawa lakebed Schedule 1
a: the Crown stratum; and
b: any submerged land not owned by the Crown; and
c: any land that is not submerged land, whether or not owned by the Crown, including any island in the relevant lake; and
d: any aquatic life in the relevant lake, except plants attached to that lakebed; and
e: any existing structure situated in or on that lakebed (or in the Crown stratum); and
f: the Ohau Channel between Lakes Rotorua and Rotoiti Te Arawa lakes
a: means Lakes Ngāhewa, Ngāpouri (also known as Ōpouri), Ōkareka, Ōkaro (also known as Ngākaro), Ōkataina, Rerewhakaaitu, Rotoehu, Rotoiti, Rotomā, Rotomahana, Rotorua, Tarawera, Tikitapu, and Tutaeinanga; and
b: includes the water, fisheries, and aquatic life in those lakes; but
c: does not include the islands in those lakes or the land abutting or surrounding those lakes Te Arawa lakes historical claims section 13 Te Arawa lakes remaining annuity issues section 14 Te Arawa Lakes Trust Trust te Tiriti o Waitangi (the Treaty of Waitangi) Treaty section 2 trust deed Trustees of the Te Arawa Lakes Trust Trustees water section 2(1) Section 11 business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 11 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 11 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 11 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 11 inclusion date inserted 24 October 2019 section 158(3) Statutes Amendment Act 2019 Section 11 submerged land amended 24 October 2019 section 158(1) Statutes Amendment Act 2019 Section 11 Te Arawa lakebed amended 24 October 2019 section 158(2) Statutes Amendment Act 2019
12: Meaning of Te Arawa
1: In this Act, Te Arawa
a: means the collective group composed of individuals and groups referred to in paragraph (b); and
b: means every individual who is—
i: descended from a Te Arawa ancestor:
ii: a member of an iwi, hapū, group, family, or whānau referred to in paragraph (c); and
c: includes—
i: the iwi and hapū of Te Arawa listed in Schedule 2
ii: any iwi, hapū, group, family, or whānau composed of individuals referred to in paragraph (b).
2: In this section and section 13 Te Arawa ancestor
3: In this section, customary rights customary values and practices of Te Arawa
a: rights of occupation and use; and
b: rights in relation to the use of natural or physical resources.
13: Meaning of Te Arawa lakes historical claims
1: In this Act, to the extent that a claim arises from or relates to all or any of the Te Arawa lakes, the 1922 arrangements, or the annuity, Te Arawa lakes historical claims
a: every claim (whether or not the claim has arisen or been considered, researched, registered, made, or notified on or before the settlement date) that Te Arawa (or a representative entity) had at, or at any time before the settlement date, or may have at any time after the settlement date, and that—
i: is founded on a right arising—
A: from te Tiriti o Waitangi (the Treaty of Waitangi)
B: under legislation or at common law (including aboriginal title and customary law); or
C: from fiduciary duty; or
D: otherwise; and
ii: arises from, or relates to, acts or omissions before 21 September 1992—
A: by, or on behalf of, the Crown; or
B: by or under legislation; and
b: every claim to the Waitangi Tribunal, to the extent that—
i: paragraph (a) applies to that claim; and
ii: the claim relates exclusively to Te Arawa (or a representative entity), including Wai 240 (Te Arawa lakes claim); and
c: every other claim to the Waitangi Tribunal, to the extent that—
i: paragraph (a) applies to that claim; and
ii: the claim relates to Te Arawa (or a representative entity), including—
A: Wai 275 (Tahunaroa and Waitahanui Blocks claim); and
B: Wai 363 (Tuhourangi Taonga Tukuiho claim); and
C: Wai 675 (Lake Ōkataina and Surrounding Lands claim); and
D: Wai 791 (Volcanic Interior Plateau claim); and
E: Wai 837 (Ngāti Whaoa Rohe claim); and
F: Wai 911 (Ngāti Tahu and Ngāti Whaoa Lands and Resources claim); and
G: Wai 918 (Lake Rotorua and Rotorua Airport claim); and
H: Wai 936 (Ngāti Rangiteaorere Lake Rotorua claim); and
I: Wai 996 (Ngāti Rangitihi Inland and Coastal Land Blocks claim); and
J: Wai 1103 (Ngāti Hinemihi Te Ariki and Punaromia Land claim).
2: However, Te Arawa lakes historical claims
a: a claim that a member of Te Arawa, or an iwi, hapū, group, family, or whānau referred to in section 12(1)(c)
b: any claim that Te Arawa has or may have to the extent that the claim does not arise from or relate to all or any of the Te Arawa lakes, the 1922 arrangements, or the annuity, including (but not limited to) any claim relating to—
i: the land abutting or surrounding the Te Arawa lakes; or
ii: the islands in those lakes; or
iii: resources not related to those lakes; or
iv: Crown acts or omissions not arising from or relating to those lakes; or
v: the Ohau Channel between Lakes Rotorua and Rotoiti; or
c: a claim that a representative entity may have to the extent that the claim is, or is based on, a claim referred to in paragraph (a) or paragraph (b).
3: Subsection (1)(a) is not limited by subsection (1)(b) or (c).
14: Meaning of Te Arawa lakes remaining annuity issues
In this Act, Te Arawa lakes remaining annuity issues
a: means every claim (whether or not the claim has arisen or been considered, researched, registered, made, or notified on or before the date of the deed of settlement) that Te Arawa (or a representative entity) had at the date of the deed or at any time before that date, or may have at any time after that date, and that—
i: is founded on a right arising—
A: from te Tiriti o Waitangi (the Treaty of Waitangi)
B: under legislation or at common law (including aboriginal title and customary law); or
C: from fiduciary duty; or
D: otherwise; and
ii: arises from, or relates to, acts or omissions on or after 21 September 1992—
A: by, or on behalf of, the Crown; or
B: by or under legislation; and
iii: arises from or relates to the annuity; and
b: includes any right of the Arawa Māori Trust Board to receive the annuity for the period on and from the date of the deed.
3: Settlement of claims
Jurisdiction of courts, etc, removed
15: Settlement of Te Arawa lakes claims final
1: The settlement of the Te Arawa lakes historical claims effected under the deed of settlement and this Act 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.
2: The settlement of the Te Arawa lakes remaining annuity issues effected under the deed of settlement is final, and on and from the date of that deed the Crown is released and discharged from all obligations and liabilities in respect of those issues.
3: Subsections (1) and (2) do not limit the provisions of the deed of settlement.
4: Despite any other enactment or rule of law, for the purposes of subsections (1) and (2), no court, tribunal, or other judicial body has jurisdiction (including, but not limited to, jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—
a: any or all of the Te Arawa lakes historical claims; or
b: any or all of the Te Arawa lakes remaining annuity issues; or
c: the deed of settlement; or
d: the redress provided under the deed of settlement or under this Act; or
e: 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. Treaty of Waitangi Act 1975 amended Heading repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
16: Jurisdiction of Tribunal to consider claims
Section 16 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
4: Miscellaneous matters
No limit on duration of trusts Heading replaced 30 January 2021 section 161 Trusts Act 2019
17: Limit on duration of trusts does not apply
1: No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: prescribes or restricts the period during which—
i: the Te Arawa Lakes Trust may exist in law; or
ii: the Trustees of the Te Arawa Lakes Trust, in their capacity as Trustees, may hold or deal with property (including income derived from property); or
b: applies to a document entered into to give effect to particular provisions of the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document or a right conferred by the document invalid or ineffective.
2: However, if the Trust becomes a charitable trust, the trust may continue indefinitely under section 16(6)(a) Section 17 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 17(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 17(2) amended 30 January 2021 section 161 Trusts Act 2019 Other Acts
18: Application of other Acts
1: The Resource Management Act 1991
2: Nothing in this Act limits the application of the provisions of the Heritage New Zealand Pouhere Taonga Act 2014
3: Section 26ZO Section 18(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Date when actions or matters occur or take effect
19: Timing of actions or matters
1: Subject to subsections (1A) and (2)
1A: In respect of the Lake Ōkaro lakebed, actions or matters occurring under this Act occur or take effect on and from the inclusion date.
2: If a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date or the inclusion date (as the case may be) Section 19(1) amended 24 October 2019 section 159(1) Statutes Amendment Act 2019 Section 19(1A) inserted 24 October 2019 section 159(2) Statutes Amendment Act 2019 Section 19(2) amended 24 October 2019 section 159(3) Statutes Amendment Act 2019
2: Cultural redress: Vesting of Te Arawa lakebeds
1: Revocation and vesting provisions, and definition of boundaries
Revocations
20: Appointment revoked
1: In this section and sections 21 28 reserve site Gazette Schedule 3
2: The appointment of Eastern Region Fish and Game New Zealand under section 29 Schedule 3
21: Reserve status revoked
1: The reservation of each reserve site as a reserve, subject to section 17 19 22
2: Before a part of a reserve site referred to in subsection (1) vests in the Trustees of the Te Arawa Lakes Trust,—
a: that part vests in the Crown as Crown land under the Land Act 1948 section 82(1)
b: the Minister of Conservation may direct that the payment for that part be paid and applied in the manner provided for in section 82(1)
3: However, subsection (2) does not apply to Lake Okaro Recreation Reserve. Section 21(3) inserted 24 October 2019 section 160 Statutes Amendment Act 2019
22: Status of conservation areas
Any part of a Te Arawa lakebed or the Crown stratum that is a conservation area under the Conservation Act 1987 Vesting of Te Arawa lakebeds
23: Te Arawa lakebeds vest in Te Arawa
1: The fee simple estate in each Te Arawa lakebed is vested in trust in the Trustees of the Te Arawa Lakes Trust.
2: The Crown retains the ownership of the Crown stratum as Crown land under the Land Act 1948
3: The vesting of each Te Arawa lakebed is subject to—
a: the encumbrances described for the relevant lakebed in the third column of Schedule 1
b: sections 24 to 46 Rights and obligations of ownership
24: Freehold estate in lakebeds inalienable
1: The Trustees of the Te Arawa Lakes Trust must not—
a: dispose of or alienate the freehold estate of all or part of a Te Arawa lakebed; or
b: grant or create a mortgage or other charge in or over all or part of a Te Arawa lakebed.
2: To avoid doubt, subsection (1) does not prevent a transfer or transmission, as appropriate, to a Trustee, so long as the instrument of transfer or transmission is accompanied by a certificate given by the Trustees or their solicitor verifying that the transfer or transmission does not contravene subsection (1).
3: The Trustees of the Te Arawa Lakes Trust may grant—
a: a leasehold estate in all or part of a Te Arawa lakebed for a term of not more than 35 years, including renewals (or any longer term that the Trustees and the Crown may agree):
b: a licence, easement, or profit à prendre
4: The terms and conditions on which any interests are granted are subject to this Part and any other relevant enactment or rule of law. Limitations on rights and obligations
25: No rights to water or aquatic life
To avoid doubt, the vesting in the Trustees of the Te Arawa Lakes Trust of the fee simple estate in the Te Arawa lakebeds by section 23
a: the water in the Te Arawa lakes; or
b: the aquatic life in the Te Arawa lakes, except in relation to the plants attached to the lakebeds.
26: Limits to obligations for weeds attached to lakebeds
Despite the inclusion of plants in the definition of Te Arawa lakebed, Te Arawa is not, in relation to weeds attached to a Te Arawa lakebed,—
a: liable for those weeds:
b: responsible for their control or removal.
27: Limits of liability for contamination
The Trustees of the Te Arawa Lakes Trust are not liable under any enactment or rule of law for the contamination of a Te Arawa lakebed, except to the extent that the contamination is caused by an intentional or reckless act or omission, or negligent act, of the Trustees. Other Acts
28: Application of other Acts under this Part
1: Sections 24 25 section 21
2: Part 4A section 23
3: Section 11 Part 10
a: the vesting of the fee simple estate in a Te Arawa lakebed by section 23
b: a matter incidental to, or required for the purpose of, those vestings.
4: The vesting of the fee simple estate in a Te Arawa lakebed by section 23
a: limit section 10 section 11
b: affect other rights to subsurface minerals; or
c: limit the rights and obligations of the Crown or a local authority in respect of geothermal resources under the Resource Management Act 1991 Registration
29: Registration of ownership
1: This section applies to the fee simple estate in a Te Arawa lakebed vested by section 23
2: On receiving the written application of a person authorised by the chief executive of Land Information New Zealand, the Registrar-General must, in accordance with the application, create 1 or more computer freehold registers for the fee simple estate in land that forms all or part of a Te Arawa lakebed in the names of the Trustees of the Te Arawa Lakes Trust as at the settlement date or the inclusion date (as the case may be)
3: Subsection (2) applies subject to completing any survey necessary to create a computer freehold register.
4: When issuing a computer freehold register under this section, the Registrar-General must record on the register that the land is subject to the provisions of sections 24 to 46
5: Written application must be made for a computer freehold register as soon as is reasonably practicable after the settlement date or the inclusion date (as the case may be), but no later than—
a: 24 months after the Te Arawa lakebeds (except the Lake Ōkaro lakebed) vest in the Trustees of the Te Arawa Lakes Trust by section 23
b: in respect of the Lake Ōkaro lakebed, 24 months after the inclusion date.
6: Despite subsection (5)(a) or (b), the Trustees and the Crown may agree in writing a later date for the application. Section 29(2) amended 24 October 2019 section 161(1) Statutes Amendment Act 2019 Section 29(5) replaced 24 October 2019 section 161(2) Statutes Amendment Act 2019 Section 29(6) inserted 24 October 2019 section 161(2) Statutes Amendment Act 2019 Boundaries
30: Boundaries relating to Te Arawa lakebeds
1: There is a moveable natural boundary between a Te Arawa lakebed and any adjoining land, unless the cadastral survey dataset for that adjoining land indicates otherwise.
2: To the extent that a Te Arawa lakebed has a moveable natural boundary, the boundary is governed by the applicable common law rules of accretion, erosion, and avulsion.
3: To avoid doubt, adjoining land
2: Existing and new activities and structures
Navigation
31: Common law right of navigation
The common law right of navigation applies in, on, or over each Te Arawa lakebed and through or within the Crown stratum above each lakebed—
a: without the consent of the Trustees of the Te Arawa Lakes Trust as the owners of the lakebeds; and
b: without charge by the Trustees; and
c: subject to any relevant enactment or local authority bylaw that relates to the common law right of navigation. Recreational activities
32: Recreational activities
1: In this section and section 40 recreational activity
a: swimming, boating, water-skiing, and fishing, to the extent that those activities are recreational; and
b: a recreational activity that may only be conducted lawfully by—
i: obtaining and complying with any licence, permit, resource consent, or other authorisation required by or under legislation; or
ii: complying with any applicable district plan, regional plan, or proposed plan; and
c: the right to attach a temporary structure to a Te Arawa lakebed for recreational purposes.
2: A recreational activity may take place in or on, or otherwise affect, a Te Arawa lakebed or the Crown stratum above that lakebed—
a: without the consent of the Trustees of the Te Arawa Lakes Trust as the owners of the lakebeds; and
b: without charge by the Trustees.
3: Subsection (2) applies whether or not—
a: any relevant licence, permit, resource consent, or other authorisation has been obtained; or
b: the activity is conducted in compliance with any relevant licence, permit, resource consent, other authorisation, or relevant plan. Existing structures
33: Existing structures on Te Arawa lakebeds
1: In this section, in the definition of Te Arawa lakebed in section 11 sections 34 35 40 45 existing structure or the inclusion date (as the case may be) or the inclusion date (as the case may be)
a: complied with—
i: the Resource Management Act 1991
ii: a relevant district plan, regional plan, or proposed plan; or
b: required a resource consent (or any equivalent requirement under prior legislation), which was not obtained or complied with; or
c: required a concession under the Reserves Act 1977
d: required the consent of the Crown as the owner of that lakebed and of the Crown stratum, but that consent was not obtained; or
e: was in any other way unlawful or unauthorised.
2: An existing structure may remain in or on a Te Arawa lakebed or in the Crown stratum, and may be used, occupied, accessed, repaired, maintained, removed, or demolished at any time—
a: without the consent of the Trustees of the Te Arawa Lakes Trust as the owners of the lakebeds; and
b: without charge by the Trustees. Section 33(1) amended 24 October 2019 section 162 Statutes Amendment Act 2019
34: Matters relevant to existing structures
1: A local authority must determine a matter of a kind referred to in subsection (2) as if the relevant Te Arawa lakebed were owned by the Crown.
2: Subsection (1) applies if a person—
a: makes an application for a resource consent or building consent under the Resource Management Act 1991 Building Act 2004
b: seeks to rectify the non-compliance of an existing structure with or under the Resource Management Act 1991 Building Act 2004
35: Liability
The Trustees of the Te Arawa Lakes Trust are not liable for an existing structure for which they would, apart from this section, be liable by reason of their ownership of the Te Arawa lakebed in, on, or over which the existing structure is situated. Existing commercial activities
36: Existing commercial activities
1: In this section and sections 40 45 existing commercial activity or the inclusion date (as the case may be) or the inclusion date (as the case may be)
a: including, but not limited to, an activity of a kind described in subpart C of Part 1 of the Cultural Redress Schedule; but
b: not including the modification or erection of a structure in or on a Te Arawa lakebed, or the attachment of a structure to a lakebed.
2: The definition of existing commercial activity applies to an activity whether or not, at any time, that activity may require or have required—
a: the acquisition of, and compliance with, any licence, permit, resource consent, or other authorisation required by or under legislation to authorise that activity, despite that authorisation not being acquired or complied with; or
b: compliance with an applicable district plan, regional plan, or proposed plan, despite that plan not being complied with; or
c: the consent of the owner of the lakebed or of the Crown stratum, despite that consent not being obtained; or
d: the acquisition of, and compliance with, a concession under the Reserves Act 1977
3: An existing commercial activity may take place in or on, or may otherwise affect, a Te Arawa lakebed or the Crown stratum above the lakebed—
a: without the consent of the Trustees of the Te Arawa Lakes Trust as the owners of the lakebeds; and
b: without charge by the Trustees.
4: To avoid doubt, an activity of a kind described in item 7 or item 8 in subpart C of Part 1 of the Cultural Redress Schedule must be treated as an existing commercial activity, whether or not—
a: the activity has, in whole or in part, a commercial purpose; or
b: any pecuniary gain results from carrying out the activity. Section 36(1) amended 24 October 2019 section 163 Statutes Amendment Act 2019 Public utilities
37: Meaning of public utility
1: In sections 38 to 40 45 public utility
a: a network utility operation as defined in section 166
b: any project or works relating to electricity generation; and
c: harbourmaster functions carried out, and harbour works made, under Part 3A
d: navigation aids and any activity of or on behalf of the Crown, a local authority, or a statutory body that is necessary for the purpose of assisting or improving the navigation of vessels over the Te Arawa lakebeds; and
e: public works, including reclamations, carried out by or on behalf of the Crown or a local authority; and
f: structures made, or activities or works carried on, by or on behalf of a local authority for the control of water levels and the avoidance and control of flooding; and
g: structures and activities of the Department of Conservation, the Institute of Geological and Nuclear Sciences Limited, and the National Institute of Water and Atmospheric Research Limited.
2: In sections 38 39 46 public utility authority Section 37(1)(c) amended 23 October 2013 section 90 Maritime Transport Amendment Act 2013
38: Rights for public utilities without authorisation
1: This section applies to a public utility authority that, at any time, does not have a right or authorisation by or under an enactment to undertake the activities referred to in subsection (2) in relation to a Te Arawa lakebed.
2: The public utility authority may, with the consent of the Trustees of the Te Arawa Lakes Trust as the owners of the Te Arawa lakebeds,—
a: place or install, permanently or temporarily, a structure or thing comprising a public utility in or on the Te Arawa lakebed:
b: enter and remain on the Te Arawa lakebed to perform any activity comprising a public utility, including to gain access to, or perform an activity on, a structure or thing placed or installed in or on the lakebed, as provided for in paragraph (a).
3: The Trustees of the Te Arawa Lakes Trust must not—
a: unreasonably withhold their consent requested under subsection (2), despite an enactment or rule of law; or
b: impose a charge, whether as a condition of the grant of consent or otherwise, unless that is expressly permitted by or under an enactment.
39: Public utilities with authorisation
If a public utility authority has a right or authorisation by or under an enactment to undertake the activities referred to in section 38(2)
a: unreasonably withhold their consent requested in accordance with that requirement, despite an enactment or rule of law; or
b: impose a charge, whether as a condition of the grant of consent or otherwise, unless that is expressly permitted by or under an enactment.
40: Limits to rights applying to certain public utilities
1: Sections 38 39
a: an existing structure (to the extent that a structure is an existing structure):
b: an existing commercial activity of a kind described in item 7 of subpart C of Part 1 of the Cultural Redress Schedule (other than an activity of the Department of Conservation, the Institute of Geological and Nuclear Sciences Limited, or the National Institute of Water and Atmospheric Research Limited).
2: The common law right of navigation provided for by section 31 section 32
3: Section 36(3) New commercial activities and new structures
41: New commercial activities and new structures require written consent of Trustees
1: Unless the Trustees of the Te Arawa Lakes Trust first give their written consent as the owners of the Te Arawa lakebeds, no person may, on or after the settlement date or the inclusion date (as the case may be)
a: perform a commercial activity that, under an enactment or rule of law, requires the consent of the owners of a Te Arawa lakebed; or
b: erect or modify a structure in or on, or attach a structure to, a Te Arawa lakebed.
2: However, subsection (1) does not apply if—
a: the activity or structure is permitted or otherwise authorised under sections 31 32 33 36 38
b: section 39 section 42
3: The Trustees of the Te Arawa Lakes Trust may impose conditions on the grant of their consent, including the imposition of a charge. Section 41(1) amended 24 October 2019 section 164 Statutes Amendment Act 2019 Limits as to effect of this Part
42: Authorisations not affected
1: This Part does not limit or otherwise affect a right or authorisation provided by or under an enactment that does not require the consent of the owners of a Te Arawa lakebed—
a: to undertake an activity in, on, or in relation to, that Te Arawa lakebed; or
b: to exercise a power or perform a function or duty in, on, or in relation to that Te Arawa lakebed.
2: The rights and authorisations preserved by subsection (1) include, but are not limited to, a right or authorisation to—
a: place or install, permanently or temporarily, a structure of any kind in or on a Te Arawa lakebed:
b: enter and remain on a Te Arawa lakebed to carry out any activity, including to gain access to, or undertake an activity on, any structure placed or installed in or on the lakebed.
43: Limits as to consent required
1: Despite an enactment or rule of law to the contrary,—
a: the consent of the Trustees of the Te Arawa Lakes Trust as owners of the Te Arawa lakebeds is not required for a structure, activity, or other matter in, on, or otherwise affecting, a Te Arawa lakebed, except as set out in sections 38 39 41
b: the consent of an occupier is not required for a structure, activity, or other matter in, on, or otherwise affecting, a Te Arawa lakebed or the Crown stratum.
2: In subsection (1), occupier profit à prendre Status of lakebeds under Local Government (Rating) Act 2002
44: Non-rateable status
1: Land forming part of a Te Arawa lakebed is non-rateable for the purposes of the Local Government (Rating) Act 2002
2: However, subsection (1) does not apply to land that is used exclusively or primarily—
a: by the Trustees of the Te Arawa Lakes Trust for commercial purposes; or
b: by any person other than the Trustees under a lease, licence, or other agreement for private or commercial purposes.
3: Land that is non-rateable under this section is rateable for the purpose of setting a targeted rate under the Local Government (Rating) Act 2002
a: the rate is set solely for water supply, sewage disposal, or refuse collection; and
b: the service referred to in paragraph (a) is provided in relation to that land.
45: Liability for rates
1: Subsection (2) applies to—
a: existing structures:
b: existing commercial activities:
c: public utilities that exist in or on a Te Arawa lakebed on the settlement date or the inclusion date (as the case may be)
2: The Crown is liable for rates payable under the Local Government (Rating) Act 2002 Section 45(1)(c) amended 24 October 2019 section 165 Statutes Amendment Act 2019
46: Liability of public utility authority for rates assessed
A public utility authority must reimburse the Trustees of the Te Arawa Lakes Trust for rates assessed under the Local Government (Rating) Act 2002 or the inclusion date (as the case may be)
a: liable for the rates assessed as the owners of the relevant Te Arawa lakebed; and
b: not otherwise able to require reimbursement of those rates by charging under an enactment, as provided for by section 38(3)(b) section 39(b) Section 46 amended 24 October 2019 section 166 Statutes Amendment Act 2019
3: Other cultural redress
1: Rotorua Lakes Strategy Group
47: Interpretation
In this subpart,— organisations Rotorua lakes Rotorua Lakes Strategy Group Group Establishment
48: Establishment of Group
1: No later than the settlement date, the Rotorua District Council and the Bay of Plenty Regional Council must establish the Rotorua Lakes Strategy Group, whose members are appointed by the organisations.
2: Despite the fact that the Group includes persons appointed by the Trustees of the Te Arawa Lakes Trust, the Group is a joint committee within the meaning of clause 30(1)(b)
3: Despite Schedule 7
a: is a permanent committee; and
b: must not be discharged unless each organisation agrees to the Group being discharged. Purpose
49: Purpose of Group
The purpose of the Group is to contribute to the promotion of the sustainable management of the Rotorua lakes and their catchments, for the use and enjoyment of present and future generations, while recognising and providing for the traditional relationship of Te Arawa with their ancestral lakes. Procedures
50: Procedures of Group
Each of the organisations, and the Group jointly, must comply with the terms of the Rotorua Lakes Strategy Group agreement. Other Acts
51: Application of other Acts under this subpart
1: To avoid doubt, except as otherwise provided in this subpart, the provisions of the Local Government Act 2002 Local Government Official Information and Meetings Act 1987
2: Clauses 23(3) 27 30(5), (7), and (9)(b) 31(3) and (4)
3: Clauses 6(1)(b) 12 30(3) 31(1) and (2)
4: References in clause 19(2)
5: To avoid doubt, the members of the Group appointed by the Trustees of the Te Arawa Lakes Trust—
a: have the right to attend any meeting of the Group; but
b: do not have the right to attend meetings of the Bay of Plenty Regional Council or the Rotorua District Council merely by reason of their status as members of the Group.
6: References in section 48
2: Protocols
General provisions
52: Authority to issue, amend, or cancel protocols
1: Each responsible Minister may—
a: issue a protocol to the Trustees of the Te Arawa Lakes Trust in the form set out in Part 2 of the Relationship Schedule; and
b: amend or cancel that protocol, but only after consulting with, and having particular regard to the views of, the Trustees of the Te Arawa Lakes Trust.
2: A protocol may be amended or cancelled under subsection (1) at the initiative of either—
a: the Trustees of the Te Arawa Lakes Trust; or
b: the Minister who issued the protocol.
53: Protocols subject to rights, functions, and obligations
Protocols do not restrict—
a: the legal rights of Te Arawa or a representative entity; or
b: the ability of the Crown to perform its functions and duties and exercise its powers in accordance with the law and government policy, including the ability to introduce legislation into the House of Representatives and change government policy; or
c: the ability of the Crown to interact or consult with a person the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tāngata whenua; or
d: the responsibilities of the responsible Minister and the responsible Ministry.
54: Enforceability of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails, without good cause, to comply with its obligations under a protocol, the Trustees of the Te Arawa Lakes Trust may, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or any form of monetary compensation from the Crown are not available as a remedy for failure to comply with a protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed by the Crown in relation to a protocol; and
b: subsection (3) does not affect the ability of a court to award costs in relation to proceedings referred to in subsection (2). DOC protocol
55: Noting and effect of DOC protocol
1: A summary of the terms of the DOC protocol must be noted in the conservation documents affecting the DOC protocol area.
2: The noting of the DOC protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a conservation document for the purposes of section 17I section 46
3: The DOC protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under the conservation legislation. Fisheries protocol
56: Noting and effect of fisheries protocol
1: A summary of the terms of the fisheries protocol must be noted in the fisheries plans affecting the fisheries protocol area.
2: The noting of the fisheries protocol is—
a: for the purpose of public notice only; and
b: not an amendment to a fisheries plan for the purposes of section 11A
3: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, property rights or assets (including fish, aquatic life, and seaweed) held, managed, or administered under the fisheries legislation, the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 Maori Fisheries Act 2004
4: In this section, fisheries plans Part 3 Protected New Zealand objects protocol
57: Effect of protected New Zealand objects protocol
1: The protected New Zealand objects protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, protected New Zealand objects or ngā taonga tūturu.
2: In this section, protected New Zealand object ngā taonga tūturu section 2 Environment protocol
58: Effect of environment protocol
The environment protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, resources managed or administered under the Resource Management Act 1991
3: Statutory acknowledgement
59: Interpretation
In this subpart,— consent authority section 2(1) effective date relevant consent authority statement of association statutory acknowledgement section 60 statutory area , except the Lake Ōkaro lakebed statutory plan
a: means a district plan proposed plan regional coastal plan regional plan regional policy statement section 2(1)
b: includes a proposed policy statement provided for by Schedule 1 Section 59 statutory area amended 24 October 2019 section 167 Statutes Amendment Act 2019
60: Statutory acknowledgement by the Crown
1: The Crown acknowledges the statement of association of Te Arawa.
2: The text of the statement of association is set out in Part 3 of the Cultural Redress Schedule.
61: Purposes of statutory acknowledgement
1: The only purposes of the statutory acknowledgement are—
a: to require the relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 62 to 64
b: to require the relevant consent authorities to forward summaries of all applications for resource consents to the Trustees of the Te Arawa Lakes Trust, as provided for in section 66
c: to enable the Trustees and members of Te Arawa to cite the statutory acknowledgement as evidence of the association of Te Arawa with the statutory area, as provided for in section 67
2: This section does not limit the operation of sections 68 69 Section 61(1)(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
62: Relevant consent authorities must have regard to statutory acknowledgement
1: From the effective date, a relevant consent authority must have regard to the statutory acknowledgement in forming an opinion in accordance with sections 93 to 94C
2: Subsection (1) does not limit the obligations of a relevant consent authority under Part 2
63: Environment Court must have regard to statutory acknowledgement
1: From the effective date, the Environment Court must have regard to the statutory acknowledgement in determining under section 274
2: Subsection (1) does not limit the obligations of the Environment Court under Part 2
64: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1)
2: In this section, archaeological site section 6 Section 64 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
65: Recording of statutory acknowledgement on statutory plans
1: From the effective date, each local authority with jurisdiction in a region or district that includes any part of the statutory area must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area.
2: The attachment of information under subsection (1) to a statutory plan—
a: may be by reference to this subpart or by setting out the statutory acknowledgement in full; and
b: is for the purpose of public information only, and the information is not—
i: part of the statutory plan (unless adopted by the local authority); or
ii: subject to the provisions of Schedule 1
66: Distribution of resource consent applications to Trustees
1: A relevant consent authority must, for a period of 20 years from the effective date, forward to the Trustees of the Te Arawa Lakes Trust a summary of resource consent applications received by that consent authority for activities within, adjacent to, or impacting directly on the statutory area.
2: The information provided under subsection (1) must be—
a: the same as would be given under section 93
b: forwarded as soon as is reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C
3: The Trustees of the Te Arawa Lakes Trust may, by notice in writing to a relevant consent authority,—
a: waive their rights to be notified under this section; and
b: state the scope of that waiver and the period for which it applies.
4: This section does not affect the obligation of a relevant consent authority—
a: to notify an application in accordance with sections 93 to 94C
b: to form an opinion as to whether the Trustees of the Te Arawa Lakes Trust are persons who are or may be adversely affected under those sections.
67: Use of statutory acknowledgement
1: The Trustees of the Te Arawa Lakes Trust or a member of Te Arawa may, as evidence of the association of Te Arawa with the statutory area, cite the statutory acknowledgement in submissions to, and in proceedings before, a relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
2: The content of the statement of association is not, by reason of the statutory acknowledgement, binding as deemed fact on—
a: relevant consent authorities:
b: the Environment Court:
c: Heritage New Zealand Pouhere Taonga:
d: parties to proceedings before those bodies:
e: any other person able to participate in those proceedings.
3: Despite subsection (2), the content of the statement of association may be taken into account by the bodies and persons specified in that subsection.
4: Neither the Trustees of the Te Arawa Lakes Trust nor members of Te Arawa are precluded from stating that Te Arawa has an association with the statutory area that is not described in the statutory acknowledgement.
5: The content and existence of the statutory acknowledgement do not limit a statement made under subsection (4). Section 67(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 67(2)(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 General provisions relating to statutory acknowledgement
68: Exercise of powers, duties, and functions not affected
1: The statutory acknowledgement does not, except as expressly provided in this subpart,—
a: affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or local authority bylaw:
b: affect the lawful rights or interests of any person:
c: grant, create, or provide evidence of an estate or interest in, or rights relating to, the statutory area.
2: No person, in considering a matter or making a decision or recommendation under an enactment or local authority bylaw, may give greater or lesser weight to the association of Te Arawa with the statutory area than that person would give if the statutory acknowledgement were not contained in this Act.
3: Subsection (2) does not affect the operation of subsection (1).
69: Statutory acknowledgement not exclusive
The statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement of the association of persons other than Te Arawa in relation to the statutory area. Amendment to Resource Management Act 1991
70: Amendment to Resource Management Act 1991
Schedule 11 Te Arawa Lakes Settlement Act 2006
4: Place names
71: Change of existing place names (if any)
1: The existing place names (if any) recorded in the first column of Schedule 4
2: If there is no existing place name recorded in the first column of Schedule 4
3: The changes recorded under subsection (1) and the new names recorded under subsection (2) are to be treated as having been recorded—
a: with the approval of the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa; and
b: in accordance with the New Zealand Geographic Board Act 1946
5: Fisheries redress
72: Interpretation
1: In this subpart,— commercial fishing section 2(1) customary food gathering
a: for a purpose authorised by the Trustees of the Te Arawa Lakes Trust or persons appointed in accordance with regulations made under section 74(1)(a) to (c)
b: to the extent that the taking or management—
i: is consistent with the purpose of the Fisheries Act 1996 the Fisheries Act 1983
ii: is consistent with Te Arawa tikanga; and
iii: is not commercial in any way; and
iv: does not involve pecuniary gain or trade included species
a: means fish and aquatic life as managed and administered under the fisheries legislation; and
b: excludes whitebait, sports fish, or unwanted aquatic life; but
c: includes whitebait, any specific whitebait species, or any other species if, at any time, they are managed and administered under the Fisheries Act 1996 sustainable utilisation section 8(2) Te Arawa fisheries area
a: means the Te Arawa lakes; but
b: does not include the streams and rivers flowing into the Te Arawa lakes.
2: In subsection (1), aquatic life fish sports fish unwanted aquatic life whitebait section 2(1)
73: Commercial fishing not permitted
No person may engage in commercial fishing in the Te Arawa fisheries area. Regulations
74: Regulations in respect of included species
1: The Minister of Fisheries must, not later than 20 business days after the settlement date, recommend to the Governor-General that regulations relating to included species be made by Order in Council to—
a: empower the Trustees of the Te Arawa Lakes Trust to nominate persons to issue authorisations to take or possess included species for the purpose of customary food gathering; and
b: empower the Trustees to nominate, for all or part of the Te Arawa fisheries area, the members of 1 or more management committees to manage customary food gathering by—
i: issuing authorisations to undertake customary food gathering in the whole or part of the Te Arawa fisheries area, including for the purpose of sustaining the functions of a Te Arawa marae:
ii: preparing a management plan or strategy for included species; and
c: require the Minister to appoint by notice in the Gazette
d: require each management committee appointed in accordance with regulations made under paragraphs (b) and (c) to—
i: keep, and submit to the Minister of Fisheries, accurate records of the quantities of included species taken by persons authorised to take and possess included species for customary food gathering; and
ii: report in writing to the Trustees on—
A: its management of customary food gathering; and
B: the number of authorisations it granted in the preceding year; and
C: the quantity of included species taken under authorisations issued in the previous year; and
e: require the Trustees to hold a meeting with Te Arawa to advise members on—
i: the management of customary food gathering; and
ii: any restrictions or prohibitions in force for that year under bylaws made under this subpart; and
iii: if information is available, the quantity of included species taken under the bylaws in the previous year; and
f: empower the Trustees,—
i: despite section 10(d) sections 77 to 79
ii: despite section 73 Fisheries Act 1996
iii: if the Minister of Fisheries permits commercial fishing of any included species, to provide advice to the Minister on the conditions that should be imposed, including conditions as to the season and areas in which commercial fishing may be undertaken and the methods that may be used; and
g: prescribe offences for breaches of the regulations, together with any defence available to the defendant, such as a defence relating to an included species taken as an inevitable consequence of—
i: the lawful taking of sports fish, whitebait, or unwanted aquatic life; or
ii: a taking for scientific study under the Conservation Act 1987 Fisheries Act 1996
h: prescribe penalties in respect of those offences; and
i: provide for other matters necessary or desirable to achieve compliance with, and the proper administration of, the regulations.
2: Subsection (1) applies despite section 17B
3: The Governor-General may, by Order in Council, make regulations recommended under subsection (1).
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 74(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Commercial fishing
75: Process for permitting commercial fishing of included species
1: If a recommendation is made to the Minister of Fisheries under a regulation made under section 74(1)(f)(ii)
a: act consistently with the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
b: consult the Minister of Conservation on—
i: the information required to set a total allowable catch and total allowable commercial catch for the relevant included species; and
ii: the sustainable utilisation of the relevant included species; and
iii: the impact of commercial fishing for the relevant included species on the conservation of species managed under the Conservation Act 1987
iv: the impact of commercial fishing for the relevant included species on the ecosystem of the Te Arawa fisheries area.
2: To avoid doubt, the Minister of Fisheries must take into account the views of the Minister of Conservation on the matters set out in subsection (1)(b). Relationship with other regulations
76: Relationship between regulations made under section 74 and other regulations
1: Regulations made under section 74(1)
a: regulation 70
b: regulation 71
i: the taking of an included species for human consumption; or
ii: the sale or trade of koura or its possession for the purposes of sale or trade; and
c: the Fisheries (Amateur Fishing) Regulations 1986
d: the Fisheries (Kaimoana Customary Fishing) Regulations 1998
2: However, regulations made under section 74(1) Bylaws
77: Bylaws
1: Bylaws made under regulations made under section 74(1)(f)
a: the included species that may be taken or possessed:
b: the quantity of each included species that may be taken or possessed:
c: the taking or possession of included species that are smaller or larger than a specified size:
d: the method by which an included species may be taken:
e: the area or areas from which an included species may or may not be taken:
f: any other matter that the Trustees of the Te Arawa Lakes Trust consider necessary for the sustainable utilisation of included species.
2: A restriction or prohibition imposed on individuals by bylaws made under this subpart applies generally to all persons fishing in the Te Arawa fisheries area.
3: Bylaws made under this subpart do not come into force and are of no effect until the date specified in the bylaws approved by the Minister and published section 79
4: The publication section 79 Section 77(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021
78: Procedure for making bylaws
1: Bylaws made by the Trustees of the Te Arawa Lakes Trust under this subpart must be deposited—
a: in the office of the Ministry of Fisheries nearest to the Te Arawa fisheries area; and
b: at a place designated by the chief executive of the Ministry of Fisheries.
2: The places where the bylaws are deposited must be open, during office hours, for not less than 15 business days before the bylaws are notified to the Minister of Fisheries under section 79(1)
a: inspection of the bylaws by members of the public; and
b: the Trustees of the Te Arawa Lakes Trust to receive submissions on the bylaws from members of the public.
3: The chief executive of the Ministry of Fisheries must notify in a newspaper circulating in the locality of the Te Arawa fisheries area—
a: the fact that bylaws have been deposited under subsection (1); and
b: the places where they may be inspected.
4: Bylaws deposited under subsection (1) must include advice that submissions—
a: may be made on the bylaws by any person; and
b: must be forwarded to—
i: the place where the bylaws are deposited; and
ii: the Trustees of the Te Arawa Lakes Trust, at the address specified.
5: The Trustees of the Te Arawa Lakes Trust may amend bylaws in the light of submissions received under subsection (2), but do not need to deposit the amended bylaws.
79: Ministerial approval of bylaws
1: If the Trustees of the Te Arawa Lakes Trust make bylaws under section 77(1)
a: a copy of the bylaws; and
b: a statement—
i: of the reasons why the Trustees consider restrictions or prohibitions imposed by the bylaws are necessary or desirable for the sustainable utilisation of an included species in the Te Arawa fisheries area; and
ii: that the bylaws have been—
A: deposited with the Ministry of Fisheries in accordance with section 78(1)
B: if relevant, amended under section 78(5)
2: The Minister of Fisheries, when notified of bylaws under subsection (1), must, as soon as is reasonably practicable, but not later than 40 business days after receiving that notification, determine whether to approve or to reject the bylaws.
3: In making a determination under subsection (2), the Minister of Fisheries must take into account the statement provided by the Trustees of the Te Arawa Lakes Trust under subsection (1)(b)(i).
4:
5: If the Minister of Fisheries rejects a bylaw under subsection (2), the Minister must notify the Trustees of the Te Arawa Lakes Trust in writing of that decision.
6: The Minister of Fisheries may approve a bylaw even if there has been a breach of a time period—
a: provided for in subsection (2) or section 78(2)
b: specified in any regulations made under section 74(1)
7: Bylaws approved under this section are secondary legislation ( see Part 3
8: That Act applies as if—
a: the Minister were the maker of the bylaws; and
b: the bylaws were made by the Minister approving them. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 79(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 79(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 79(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Miscellaneous provisions
1: Material incorporated by reference
80: Access to deed of settlement
The chief executive of the Ministry of Justice must make copies of the deed of settlement available—
a: for inspection free of charge and for purchase at a reasonable price, at the Head Office of the Ministry of Justice in Wellington during working hours; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
81: Effect of amendments to material
1: In this section, material
a: subpart C of Part 1 of the Cultural Redress Schedule (which relates to existing commercial activities); and
b: the statement of association set out in Part 3 of the Cultural Redress Schedule; and
c: the Rotorua Lakes Strategy Group agreement.
2: Amendments to any material have legal effect as part of this Act only if the amendments—
a: are of the same general effect as the material amended; and
b: have been made,—
i: in the case of material referred to in subsection (1)(a) and (b), in the manner provided in the deed of settlement; and
ii: in the case of material referred to in subsection (1)(c), in the manner provided in that material.
3: The Trustees of the Te Arawa Lakes Trust must provide to the chief executive of the Ministry of Justice copies of any amendments to the Rotorua Lakes Strategy Group agreement as soon as is reasonably practicable after the amendments have been made.
2: Transitional provisions relating to Arawa Māori Trust Board
Dissolution and transfer provisions
82: Dissolution of Arawa Māori Trust Board
1: On and from the commencement of this Act,—
a: the Arawa Māori Trust Board continued by section 4
b: the term of office of members of the Arawa Māori Trust Board expires; and
c: proceedings by or against the Arawa Māori Trust Board may be continued, completed, and enforced by or against the Trustees of the Te Arawa Lakes Trust; and
d: a reference to the Arawa Māori Trust Board (express or implied) in any enactment (other than this Act), or in any instrument, register, agreement, deed (other than the deed of settlement), lease, application, notice, or other document in force immediately before the commencement of this Act must, unless the context otherwise requires, be read as a reference to the Trustees of the Te Arawa Lakes Trust.
2: A person holding office as a member of the Arawa Māori Trust Board at any time before the commencement of this Act is not entitled to compensation as a result of the expiry under this section of his or her term of office.
83: Transfer of assets and liabilities
1: On and from the commencement of this Act, the assets and liabilities of the Arawa Māori Trust Board vest in the Trustees of the Te Arawa Lakes Trust and become the assets and liabilities of the Trustees, subject to any trusts, covenants, or conditions affecting an asset or liability.
2: In this subpart, assets and liabilities
a: means assets and liabilities owned, controlled, or held, wholly or in part, immediately before the commencement of this Act, by the Arawa Māori Trust Board; 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). Transitional taxation provision
84: Taxes and duties
1: On and from the commencement of this Act, for the purposes of the Inland Revenue Acts and any other enactment that imposes or provides for the collection of a tax, duty, levy, or other charge,—
a: the Arawa Māori Trust Board and the Trustees of the Te Arawa Lakes Trust are the same person; and
b: a transaction entered into, or an act performed, by the Arawa Māori Trust Board before the commencement of this Act is to be treated as having been entered into or performed by the Trustees at the time it was entered into or performed by the Arawa Māori Trust Board; and
c: the Trustees must be treated as having held, at all times since the interests were acquired by the Arawa Māori Trust Board, the voting interests and market value interests, as the case may be, that they receive from the Arawa Māori Trust Board under section 83
2: In this section,— Inland Revenue Acts section 3(1) market value interest voting interest section YA 1 of the Income Tax Act 2007 Section 84(2) market value interest voting interest amended 1 April 2008 Income Tax Act 2007 Reporting requirements
85: Final report of Arawa Māori Trust Board
1: In this section, final report
a: a statement of the financial position of the Arawa Māori Trust Board and other information required by subsections (2) and (3); and
b: an audit report prepared by the Auditor-General on the statement and information referred to in paragraph (a).
2: As soon as is reasonably practicable after the commencement of this Act, the Trustees of the Te Arawa Lakes Trust must prepare a final report (as if the report were an annual report) to show fully the financial results of the operations of the Arawa Māori Trust Board for the period beginning on the date of the previous annual report and ending with the close of the day immediately before the commencement of this Act.
3: The final report must consist of a statement of the financial position of the Arawa Māori Trust Board and other statements of accounts necessary to provide the information required by subsection (2).
4: As soon as is reasonably practicable after the completion of the final report required by subsection (2), the Trustees of the Te Arawa Lakes Trust must provide the final report to the Minister of Māori Affairs, who must present the final report to the House of Representatives as soon as is reasonably practicable after receiving it from the Trustees. Other transitional matters
86: Matters not affected by transfer
Nothing effected or authorised by this subpart—
a: places the Arawa Māori Trust Board or the Trustees of the Te Arawa Lakes Trust, the Crown, or any other person or body 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 the Arawa Māori Trust Board, the Trustees of the Te Arawa Lakes Trust, the Crown, or any other person or body in breach of an enactment, rule of law, or contract that prohibits, restricts, or regulates the assignment or transfer of an asset or 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.
87: Status of contracts and other instruments
1: In subsection (2), contracts and other instruments
2: Contracts and other instruments are binding on, and enforceable by, against, or in favour of, the Trustees of the Te Arawa Lakes Trust as if the contracts or other instruments had been entered into by, made with, given to or by, or addressed to or by, the Trustees and not the Arawa Māori Trust Board.
88: Status of existing securities
1: A security held by the Arawa Māori Trust Board as security for a debt or other liability to that Board incurred before the commencement of this Act—
a: is available to the Trustees of the Te Arawa Lakes Trust 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 incurred on or after the commencement of this Act.
2: The Trustees of the Te Arawa Lakes Trust are entitled to the same rights and priorities, and are subject to the same liabilities, in relation to the security as the Arawa Māori Trust Board would be if this Act had not been passed.
89: Books and documents to remain evidence
1: A document, matter, or thing that would have been admissible in evidence for or against the Arawa Māori Trust Board is, on and after the commencement of this Act, admissible in evidence for or against the Trustees of the Te Arawa Lakes Trust.
2: For the purpose of this section, document section 48G
90: Registers
1: The Registrar-General or any other person charged with keeping books or registers is not required to change the name of the Arawa Māori Trust Board to the names of the Trustees of the Te Arawa Lakes Trust in the books or registers or in a document, solely because of the provisions of this subpart.
2: If the Trustees of the Te Arawa Lakes Trust present an instrument referred to in subsection (3) 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 this section, the instrument need not be an instrument of transfer, but must—
a: be executed or purport to be executed by the Trustees of the Te Arawa Lakes Trust; and
b: relate to assets or liabilities held, managed, or controlled by the Arawa Māori Trust Board or any entity wholly or partly owned or controlled by the Board immediately before the commencement of this Act; and
c: be accompanied by a certificate given by the Trustees or their solicitor that the property was vested in the Trustees by or under this Act.
3: Transitional provisions relating to employees and agents
91: Liability of employees and agents
1: In this subpart,— Arawa Māori Trust Board transferred employee
2: A person who, at any time before the commencement of this Act, held office as a member of the Arawa Māori Trust Board or who was an officer, employee, agent, or representative of that Board, is not personally liable in respect of an act or thing done or omitted to be done by him or her 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
3: 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.
92: Transfer of employees
On and from the commencement of this Act, each employee of the Arawa Māori Trust Board ceases to be an employee of the Board and becomes an employee of the Trustees of the Te Arawa Lakes Trust.
93: 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: Subsection (1)—
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 the Te Arawa Lakes Trust; and
b: does not apply to a transferred employee who receives any subsequent appointment with the Trustees of the Te Arawa Lakes Trust.
94: 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 Arawa Māori Trust Board to the Trustees of the Te Arawa Lakes Trust does not, of itself, break the employment of that person, and the period of his or her employment by the Board is to be regarded as having been a period of service with the Trustees.
95: 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 Arawa Māori Trust Board has ceased to exist; or
b: the employee has ceased, as a result of his or her transfer to the Trustees of the Te Arawa Lakes Trust, to be an employee of the Board.
4: Repealed provisions, revocation, and other consequential amendments
Repeals
96: Acts repealed
1: Section 88(2)
2: Section 4 Revocation
97: Revocation
The Te Arawa Maori Trust Board Order 1988 (SR 1988/96) is revoked. Other consequential provisions
98: Provision not to apply to Te Arawa lakebeds
Section 88(1)
99: Amendments to Acts
1: Section 8(4)(b) Arawa Maori Trust Board Trustees of the Te Arawa Lakes Trust
2: Schedule 7 Te Arawa Māori Trust Board Trustees of the Te Arawa Lakes Trust
100: Amendments to regulations
1: Schedules 1 2
2: Regulation 2(1) included species section 72(1) of the Te Arawa Lakes Settlement Act 2006 Te Arawa fisheries area section 72(1) of the Te Arawa Lakes Settlement Act 2006
3: Regulation 4
1A: However, these regulations do not limit any regulations made under section 74 of the Te Arawa Lakes Settlement Act 2006 Transitional provision
101: Transitional provision relating to Antiquities Act 1975
1: The purpose of this section is to apply certain provisions of the Antiquities Act 1975 Protected Objects Amendment Act 2006
2: Until 31 October 2006, the following definitions apply in place of those referred to in section 2(1)(a) antiquities protocol section 52
a: sets out how the chief executive of the Ministry for Culture and Heritage and the Trustees of the Te Arawa Lakes Trust will interact on the matters specified in that protocol; and
b: is in the form set out in Part 2 of the Relationship Schedule or as the protocol is amended under section 52 antiquities protocol area
3: Until 31 October 2006, the following heading and provision apply in place of the section 57 section 2(1)(b) Antiquities protocol
57: Effect of antiquities protocol
1: The antiquities protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, antiquities or artifacts.
2: In this section, antiquity artifact