1: Title
This Act is the Ngā Hapū o Ngāti Ranginui Claims Settlement Act 2025.
2: Commencement
This Act comes into force on the day after Royal assent.
1: Preliminary matters 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 Ngā Hapū o Ngāti Ranginui in the deed of settlement; and
b: to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngā Hapū o Ngāti Ranginui.
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: records the text of the acknowledgements and apology given by the Crown to Ngā Hapū o Ngāti Ranginui, as recorded in the deed of settlement; and
e: defines terms used in this Act, including key terms such as Ngā Hapū o Ngāti Ranginui 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: a protocol for taonga tūturu on the terms set out in the documents schedule; and
ii: the provision of official geographic names; and
iii: the naming of reserves and the control and management of a reserve; and
b: cultural redress requiring vesting in the custodian trustee of the fee simple estate in certain properties, namely,—
i: the vesting in the custodian trustee of cultural redress properties; and
ii: the joint vesting in the custodian trustee, and in the trustees of each settlement trust of 5 other iwi, of 2 properties (ngā pae maunga) to be administered as reserves by a joint management body appointed by the new owners.
4: Part 3
a: authorisation for the transfer of commercial redress properties, commercial properties, and a deferred selection property to the custodian trustee to give effect to the deed of settlement; and
b: the setting apart of certain commercial redress properties as Māori reservations; and
c: a right of first refusal in relation to RFR land.
5: There are 3 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3 Acknowledgements and apology of the Crown
7: Acknowledgements and apology
1: Section 8
2: Section 9
3: The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.
8: Acknowledgements
1: The Crown acknowledges it has failed to deal in a satisfactory way with grievances raised by successive generations of Ngāti Ranginui and that recognition of these grievances is long overdue.
2: The Crown acknowledges that it was ultimately responsible for the outbreak of war in Tauranga in 1864, and the resulting loss of life, and its actions were a breach of te Tiriti o Waitangi Treaty of Waitangi
a: Crown troops killed members of Ngāti Ranginui hapū and wounded others at Pukehinahina and Te Ranga in 1864; and
b: Ngāti Ranginui were faithful to the rules of engagement they set down prior to the battle at Pukehinahina and provided aid to wounded Crown troops.
3: The Crown acknowledges that the Raupatu/confiscation of Ngāti Ranginui lands at Tauranga and the subsequent Tauranga District Lands Acts 1867 and 1868 were unjust and a breach of te Tiriti o Waitangi Treaty of Waitangi
a: it returned some land to Ngāti Ranginui hapū in the form of individualised title rather than Māori customary title; and
b: by awarding land within the rohe of Ngāti Ranginui hapū to other Māori as reward for assisting the Crown, the Crown exacerbated tensions between the iwi of Tauranga Moana.
4: The Crown further acknowledges that the Raupatu/confiscation and the subsequent Tauranga District Lands Acts 1867 and 1868—
a: had a devastating effect on the welfare and economy of Ngāti Ranginui hapū and deprived those hapū of wāhi tapu, access to natural resources, and opportunities for development at Tauranga; and
b: prevented Ngāti Ranginui from exercising Mana and Rangatiratanga over land and resources within the Tauranga Moana.
5: The Crown acknowledges that it failed to actively protect Ngāti Ranginui interests in lands they wished to retain when it initiated the purchase of Te Puna and Katikati blocks in 1864 without investigating the rights of Ngāti Ranginui hapū to these lands and completed the purchase in 1871 despite Ngāti Ranginui opposition, and this failure was in breach of te Tiriti o Waitangi Treaty of Waitangi
6: The Crown acknowledges that—
a: it inflicted a scorched earth policy in its assaults on Ngāti Ranginui during the bush campaign; and
b: this destruction of Ngāti Ranginui Kāinga and cultivations further devastated the welfare and economy of Ngāti Ranginui hapū; and
c: many Ngāti Ranginui were forced to flee their traditional Kāinga and were unable to return for many years.
7: The Crown further acknowledges its conduct was unreasonable and unnecessary and was a breach of te Tiriti o Waitangi Treaty of Waitangi
8: The operation and impact of the native land laws, in particular the awarding of land to individuals rather than to iwi and hapū, made the lands of Ngāti Ranginui hapū more susceptible to fragmentation, alienation, and partition, and this contributed to the undermining of the tribal structures of Ngāti Ranginui hapū, which were based on collective hapū custodianship of land. The Crown acknowledges that its failure to protect these tribal structures was a breach of te Tiriti o Waitangi Treaty of Waitangi
9: The Crown acknowledges a number of flaws in the way that its agent conducted some of its land purchasing operations at Tauranga in 1886, such as—
a: inducing named owners to sign blank receipts upon which the details of blocks were later added; and
b: misrepresenting single payments for particular blocks as multiple payments across many blocks or as payments for a different block; and
c: claiming to have made payments for blocks that were not made.
10: The Crown further acknowledges that, although it dismissed the land agent responsible, there is no evidence that it took steps to redress harm caused by these flaws.
11: The Crown acknowledges that, between 1953 and 1974, it empowered the Māori Trustee to compulsorily acquire Ngāti Ranginui land interests which the Crown considered uneconomic, and this was in breach of te Tiriti o Waitangi Treaty of Waitangi
12: The Crown acknowledges that it failed to ensure that Ngāti Ranginui were left with sufficient land for their present and future needs and this failure was a breach of te Tiriti o Waitangi Treaty of Waitangi
13: The Crown acknowledges the contribution made by Ngāti Ranginui to the nation’s defence when Ngāti Ranginui men volunteered for the 28th Māori Battalion and served overseas during the Second World War.
14: The Crown acknowledges that the Raupatu/confiscation at Tauranga and many of its subsequent polices have contributed to Ngāti Ranginui hapū enduring long periods of social deprivation at Tauranga, many members of Ngāti Ranginui hapū leaving their rohe, and those living within their rohe suffering worse housing conditions and health, economic, and educational outcomes than other New Zealanders.
15: The Crown acknowledges that the Crown’s takings of Ngāti Ranginui lands for public works are a significant grievance for the hapū of Ngāti Ranginui. The Crown also acknowledges that—
a: it took land of importance to Ngāti Ranginui hapū; and
b: some public works projects severed sections of land belonging to Ngāti Ranginui hapū, creating sections with little or no economic use; and
c: some Ngāti Ranginui land owners waited a number of years for compensation to be paid by the Crown.
16: The Crown acknowledges that the compulsory status changes to Māori land titles carried out under the Māori Affairs Amendment Act 1967 weakened the connection of many Ngāti Ranginui to their turangawaewae.
17: The Crown acknowledges—
a: the significance of the land, forests, harbours, and waterways of Tauranga Moana to the hapū of Ngāti Ranginui as a physical and spiritual resource over which Ngāti Ranginui hapū acted as kaitiaki; and
b: that the clearing of forests, development of the Port of Tauranga, the development of the Mangapapa hydro scheme and the collapse of the Ruahihi Canal, and the disposing of sewage and wastewater into the harbours and waterways of Tauranga Moana have resulted in environmental degradation of Tauranga Moana which remains a source of great distress to the hapū of Ngāti Ranginui.
9: Apology
1: The Crown makes this apology to Ngāti Te Wai, Pirirākau, Ngāti Taka, the Wairoa hapū of Ngāti Rangi, Ngāti Pango, and Ngāti Kahu, Ngāti Hangarau, Ngāi Tamarāwaho, Ngāi Te Ahi and Ngāti Ruahine, the hapū of Ngāti Ranginui, to your tūpuna and to your descendants.
2: The Crown unreservedly apologises for not having honoured its obligations to the hapū of Ngāti Ranginui under te Tiriti o Waitangi Treaty of Waitangi
3: The relationship between Ngāti Ranginui and the Crown, which should have been defined by the mutual respect and partnership inherent in te Tiriti o Waitangi Treaty of Waitangi
4: The Crown deeply regrets that over time its actions severed Ngāti Ranginui hapū from their traditional lands, deprived them of opportunities for development, caused significant harm to the social and economic development of the Ngāti Ranginui, undermined the well-being of the iwi and its hapū, damaged their autonomy and ability to exercise customary rights and responsibilities, and marginalised them within their own rohe.
5: Through this apology the Crown seeks atonement for the wrongs of the past and to establish a new relationship with the hapū of Ngāti Ranginui based upon mutual trust, co-operation, and respect for te Tiriti o Waitangi Treaty of Waitangi Interpretation provisions
10: Interpretation of this 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,— administering body section 2(1) attachments commercial property section 80 commercial redress property section 80 conservation area section 2(1) Crown section 2(1) cultural redress property section 32 custodian trustee deed of settlement
a: means the deed of settlement dated 21 June 2012 and signed by—
i: the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William English, Minister of Finance, for and on behalf of the Crown; and
ii: Peri Kohu, Matakokiri Tata, Horimatua George Evans, Piripi Winiata, Kimiora Rawiri, Tatai Allen, Gerry Gardiner, Tawharangi Nuku, Colin Bidois, Nepia Bryan, Te Pio Kawe, Lance Waaka, Te Ruruanga Te Keeti, and Bob Leef for and on behalf of Ngā Hapū o Ngāti Ranginui; and
iii: Kimiora Rawiri, Te Pio Kawe, Te Ruruanga Te Keeti, Rob Urwin, Shadrach Rolleston, Lance Waaka, Caine Taiapa, and Horimatua George Evans as the trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust; and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed or its schedules and attachments deferred selection property section 80 Director-General documents schedule early release commercial property
a: that did not become a commercial redress property under clause 6.7 of the deed of settlement before the commencement of this Act; and
b: for which the requirements for transfer under the deed of settlement have been satisfied general matters schedule hapū entity
a: who represent a hapū of Ngāti Ranginui, as determined by the trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust:
b: to whom, therefore, the property may be on-transferred or the rights and obligations relating to the redress may be assigned under this Act or the deed of settlement hapū of Ngāti Ranginui section 12(1)(a)
a: Ngāi Tamarāwaho:
b: Ngāi Te Ahi:
c: Ngāti Hangarau:
d: Ngāti Ruahine:
e: Ngāti Taka:
f: Ngāti Te Wai:
g: Pirirākau:
h: Wairoa hapū, including Ngāti Kahu, Ngāti Pango, and Ngāti Rangi historical claims section 13 interest joint cultural redress property section 62 LINZ local authority section 5(1) member of Ngā Hapū o Ngāti Ranginui section 12(1)(a) Ngā Hapū o Ngāti Ranginui Settlement Trust 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 12(1)(a)
ii: 1 or more members of Ngā Hapū o Ngāti Ranginui; or
iii: 1 or more of the whānau, hapū, or groups referred to in section 12(1)(c) reserve section 2(1) reserve property section 32 RFR subpart 3 RFR land section 90 settlement date Te Tāhuhu o Tawakeheimoa Trust section 13 tikanga trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust trustees working day
a: Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day:
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday:
c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:
d: the days observed as the anniversaries of the provinces of Auckland and Wellington.
12: Meaning of Ngā Hapū o Ngāti Ranginui
1: In this Act, Ngā Hapū o Ngāti Ranginui
a: means the collective group composed of individuals who are descended from a tupuna or ancestor of Ngā Hapū o Ngāti Ranginui; and
b: includes those individuals; and
c: includes any whānau, hapū, or group to the extent that it is composed of those individuals.
2: In this section and section 13 area of interest customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources descended
a: birth; or
b: legal adoption; or
c: Māori customary adoption in accordance with Ngā Hapū o Ngāti Ranginui tikanga tupuna or ancestor of Ngā Hapū o Ngāti Ranginui
a: exercised customary rights by virtue of being descended from Ranginui or a recognised ancestor of any of the following groups:
i: Pirirākau, whose recognised ancestors include Tutereinga and Maungapohatu (also known as Te Ua Maungapohatu):
ii: Ngāti Taka, whose recognised ancestors include Te Ua Maungapohatu:
iii: Wairoa hapū, including the following groups:
A: Ngāti Rangi, whose recognised ancestors include Pakaruwakanui:
B: Ngāti Kahu, whose recognised ancestors include Herewini Te Kaiamo and Perahia:
C: Ngāti Pango, whose recognised ancestors include Te Poria and Pango:
iv: Ngāti Hangarau:
v: Ngāi Tamarāwaho, whose recognised ancestors include Tahuriwakanui:
vi: Ngāi Te Ahi, whose recognised ancestors include Ngaruinga and Tamahika:
vii: Ngāti Ruahine:
viii: Ngāti Te Wai; and
b: exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840.
13: Meaning of historical claims
1: In this Act, historical claims
a: means the claims described in subsection (2)
b: includes the claims described in subsection (3)
c: does not include the claims described in subsection (4)
2: The historical claims are every claim that Ngā Hapū o Ngāti Ranginui or a representative entity had on or before the settlement date, or may have after the settlement date, and that—
a: is founded on a right arising—
i: from the Treaty of Waitangi
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 Ngā Hapū o Ngāti Ranginui or a representative entity, including each of the following claims, to the extent that subsection (2)
i: Wai 42(a)—Ngāti Kahu, Ngāti Rangi, and Ngāti Pango claim:
ii: Wai 227—Pirirākau claim:
iii: Wai 362—Ngāti Ruahine claim:
iv: Wai 370—Ngāi Te Ahi claim:
v: Wai 659—Ngāi Tamarāwaho claim:
vi: Wai 672—Ngāti Hangarau, and Ngamanawa Incorporation claim Wai 503:
vii: Wai 727—Ngāti Taka claim:
viii: Wai 1931—Ngāi Tamarāwaho claim:
ix: Wai 2264—Management of the Wairoa River (Pihema) claim; and
b: any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2)
i: Wai 42(b)—Ngāti Ranginui land claim:
ii: Wai 42(d)—Ngāti Ranginui land claim:
iii: Wai 47—Ngāti Pukenga, Ngāi Te Rangi, and Ngāti Ranginui land and resources claim:
iv: Wai 86—Waikareao Estuary claim:
v: Wai 208—Bethlehem school site claim:
vi: Wai 336—The Ancestral Lands and Energy Companies Act 1992 claim:
vii: Wai 360—Matapihi Ohuki No. 3 claim:
viii: Wai 465—Maungatapu and Kaitemako claim:
ix: Wai 580—Otamataha Land claim:
x: Wai 611—Ngāti Ranginui interests claim:
xi: Wai 707—Parish of Te Puna claim:
xii: Wai 708—Tauranga Harbour (Pirirākau) claim:
xiii: Wai 853—Local Government Act claim:
xiv: Wai 1793—Wairoa and Valley Roads lands claim.
4: However, the historical claims do not include—
a: a claim that a member of Ngā Hapū o Ngāti Ranginui, or a whānau, hapū, or group referred to in section 12(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
14: 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)
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) Amendment to Treaty of Waitangi Act 1975
15: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3, insert in its appropriate alphabetical order Ngā Hapū o Ngāti Ranginui Claims Settlement Act 2025 section 14(4) and (5) 2025-05-22 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply
16: Certain enactments do not apply
1: The enactments listed in subsection (2)
a: to a cultural redress property; or
b: to a joint cultural redress property on and from its vesting date under subpart 5
c: to a commercial redress property; or
d: to an early release commercial property; or
e: to a commercial property or the deferred selection property on and from the date of its transfer to the custodian trustee; or
f: to the RFR land; or
g: for the benefit of Ngā Hapū o Ngāti Ranginui 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
17: 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—
a: is all or part of—
i: a cultural redress property; or
ii: a joint cultural redress property; or
iii: a commercial redress property; or
iv: an early release commercial property; or
v: a commercial property; or
vi: the deferred selection property; or
vii: the RFR land; and
b: is subject to a resumptive memorial recorded under an enactment listed in section 16(2)
2: The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after—
a: the settlement date, for a cultural redress property, a commercial redress property, an early release commercial property, or the RFR land; or
b: the vesting date of the property under subpart 5
c: the date of transfer of the property to the custodian trustee, for a commercial property or the deferred selection property.
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 16(2) Miscellaneous matters
18: 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: does not prescribe or restrict the period during which—
i: the Ngā Hapū o Ngāti Ranginui Settlement Trust may exist in law; or
ii: the trustees may hold or deal with property or income derived from property; and
b: does 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 the Ngā Hapū o Ngāti Ranginui Settlement Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a)
19: 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.
2: Cultural redress
1: Protocol
20: Interpretation
In this subpart,— protocol
a: means Appendix B of the Whakaaetanga Tiaki Taonga; and
b: includes any amendments made under section 21(2) responsible Minister
a: the Minister for Arts, Culture and Heritage; or
b: any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and duties in relation to the protocol Whakaaetanga Tiaki Taonga General provisions applying to protocol
21: Issuing, amending, and cancelling protocol
1: Appendix B of the Whakaaetanga Tiaki Taonga must be treated as having been issued by the responsible Minister on the terms set out in part 1 of the documents schedule.
2: The responsible Minister may amend or cancel the protocol at the initiative of—
a: the trustees; or
b: the responsible Minister.
3: The responsible Minister may amend or cancel the protocol only after consulting, and having particular regard to the views of, the trustees.
22: Protocol subject to rights, functions, and duties
The 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 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 Ngā Hapū o Ngāti Ranginui or a representative entity.
23: Enforcement of protocol
1: The Crown must comply with the protocol while it is in force.
2: If the Crown fails to comply with the protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950
3: Despite subsection (2)
4: To avoid doubt,—
a: subsections (1) and (2)
b: subsection (3) subsection (2)
24: Limitation of rights
1: The protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
2: In this section, taonga tūturu
a: has the meaning given in section 2(1)
b: includes ngā taonga tūturu, as defined in section 2(1)
2: Official geographic names
25: Interpretation
In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 official geographic name section 4
26: Official geographic names
1: A name specified in the first column of the table in clause 5.17.1 of the deed of settlement is the official geographic name of the feature described in the second and third columns of that table.
2: A name specified in the second column of the table in clause 5.17.2 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.
3: 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 of the Act.
27: 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 26
2: The notice must state that each official geographic name became an official geographic name on the settlement date.
28: Subsequent alteration of official geographic names
1: In making a determination to alter the official geographic name of a feature named under this subpart, the Board—
a: need not comply with section 16 17 18 19(1) 20
b: must have the written consent of the trustees.
2: To avoid doubt, the Board must give public notice of the determination in accordance with section 21(2) and (3)
3: Naming of reserves and control and management of reserve
29: Te Wharepoti / Margaret Jackson Wildlife Management Reserve
1: This section applies to Margaret Jackson Wildlife Management Reserve, meaning the land comprising 3.4805 hectares, more or less, being Part Allotment 92 Te Papa Parish (all record of title SA5A/642), as shown on deed plan OTS–078–017.
2: The name of the reserve is changed to Te Wharepoti / Margaret Jackson Wildlife Management Reserve.
3: The trustees are the administering body of the reserve as if they were appointed to control and manage the reserve under section 35
30: Te Wahapū o Te Hopuni Wildlife Management Reserve
The name of Jess Road Wildlife Management Reserve is changed to Te Wahapū o Te Hopuni Wildlife Management Reserve.
31: Official geographic names, publication, and subsequent alteration
1: The new name given to a reserve under section 29 30
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
2: The Board must, as soon as practicable after the settlement date,—
a: give public notice of each new name in accordance with section 21(2)(a) and (b) and (3)
b: state in the notice that the new name became an official geographic name on the settlement date.
3: The official geographic name of a reserve named under this section must not be changed in accordance with subpart 3
4: In this section,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 official geographic name section 4
4: Vesting of cultural redress properties
32: Interpretation
In this subpart,— cultural redress property Schedule 1 Properties vested in fee simple to be administered as reserves
a: Ohauiti:
b: Omanawa River property:
c: Tahawai:
d: Te Awa o Ngāumuwahine:
e: Te Hopuni:
f: Te Rī o Ruahine:
g: Te Rī o Tamarāwaho:
h: Te Wai o Ngāumuwahine:
i: Waikareao Estuary property:
j: Waimanu ki uta:
k: Wainui River property:
l: Waireia: Properties vested in fee simple subject to conservation covenants
m: Oraeroa:
n: Te Kaki: School property vested in fee simple subject to lease
o: Omokoroa School property reserve property paragraphs (a) to (l) Properties vested in fee simple to be administered as reserves
33: Ohauiti
1: Ohauiti ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Ohauiti vests in the custodian trustee.
3: Ohauiti is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Ohauiti Scenic Reserve.
34: Omanawa River property
1: The Omanawa River property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Omanawa River property vests in the custodian trustee.
3: The Omanawa River 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 Omanawa River Scenic Reserve.
35: Tahawai
1: Tahawai (being part of Kaimai Mamaku Conservation Park) ceases to be part of the Park and a conservation area under the Conservation Act 1987
2: The fee simple estate in Tahawai vests in the custodian trustee.
3: Tahawai is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Tahawai Scenic Reserve.
36: Te Awa o Ngāumuwahine
1: Te Awa o Ngāumuwahine (being part of Kaimai Mamaku Conservation Park) ceases to be part of the Park and a conservation area under the Conservation Act 1987
2: The fee simple estate in Te Awa o Ngāumuwahine vests in the custodian trustee.
3: Te Awa o Ngāumuwahine is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Te Awa o Ngāumuwahine Recreation Reserve.
5: Subsections (1) to (4)
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 that Act.
37: Te Hopuni
1: The vesting of Te Hopuni in Bay of Plenty Regional Council is cancelled.
2: The reservation of Te Hopuni as a reserve subject to the Reserves Act 1977
3: Te Hopuni ceases to be subject to the Tauranga Foreshore Vesting and Endowment Act 1915
4: The fee simple estate in Te Hopuni vests in the custodian trustee.
5: Te Hopuni is declared a reserve and classified as a local purpose reserve, for the purpose of a cultural centre, subject to section 23
6: The reserve is named Te Hopuni Local Purpose (Cultural Centre) Reserve.
38: Te Rī o Ruahine
1: Te Rī o Ruahine ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Te Rī o Ruahine vests in the custodian trustee.
3: Te Rī o Ruahine 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 Rī o Ruahine Scenic Reserve.
39: Te Rī o Tamarāwaho
1: Te Rī o Tamarāwaho ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Te Rī o Tamarāwaho vests in the custodian trustee.
3: Te Rī o Tamarāwaho 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 Rī o Tamarāwaho Scenic Reserve.
40: Te Wai o Ngāumuwahine
1: Te Wai o Ngāumuwahine (being part of Kaimai Mamaku Conservation Park) ceases to be part of the Park and a conservation area under the Conservation Act 1987
2: The fee simple estate in Te Wai o Ngāumuwahine vests in the custodian trustee.
3: Te Wai o Ngāumuwahine is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Te Wai o Ngāumuwahine Recreation Reserve.
5: Subsections (1) to (4)
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 that Act.
41: Waikareao Estuary property
1: The Waikareao Estuary property ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in the Waikareao Estuary property vests in the custodian trustee.
3: The Waikareao Estuary property is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Waikareao Estuary Recreation Reserve.
42: Waimanu ki uta
1: Waimanu ki uta (being part of Kaimai Mamaku Conservation Park) ceases to be part of the Park and a conservation area under the Conservation Act 1987
2: The fee simple estate in Waimanu ki uta vests in the custodian trustee.
3: Waimanu ki uta is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Waimanu ki uta Recreation Reserve.
5: Subsections (1) to (4)
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 that Act.
43: Wainui River property
1: The reservation of the Wainui River property (being Wainui River Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Wainui River property vests in the custodian trustee.
3: The Wainui River 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 Wainui River Scenic Reserve.
44: Waireia
1: Waireia ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Waireia vests in the custodian trustee.
3: Waireia is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve is named Waireia Recreation Reserve. Properties vested in fee simple subject to conservation covenants
45: Oraeroa
1: Oraeroa (being part of Kaimai Mamaku Conservation Park) ceases to be part of the Park and a conservation area under the Conservation Act 1987
2: The fee simple estate in Oraeroa vests in the custodian trustee.
3: Subsections (1) and (2)
4: The covenant is to be treated as a conservation covenant for the purposes of section 77
46: Te Kaki
1: Te Kaki ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Te Kaki vests in the custodian trustee.
3: Subsections (1) and (2)
4: The covenant is to be treated as a conservation covenant for the purposes of—
a: section 77
b: section 27 School property vested in fee simple subject to lease
47: Omokoroa School property
1: The fee simple estate in the Omokoroa School property vests in the custodian trustee.
2: Subsection (1) General provisions applying to vesting of cultural redress properties
48: 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 Schedule 1
49: 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 1
2: The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property.
3: The interest applies—
a: until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the property.
50: Registration of ownership
1: This section applies to a cultural redress property vested in the custodian trustee under this subpart.
2: Subsection (3)
3: The Registrar-General must, on written application by an authorised person,—
a: register the custodian trustee as the owner of the fee simple estate in the property; and
b: record any entry on the record of title, and do anything else, that is necessary to give effect to this subpart and to part 5 of the deed of settlement.
4: Subsection (5) subsection (2)
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 name of the custodian trustee; 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)
7: A record of title must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing by the Crown and the custodian trustee.
8: In this section, authorised person
a: the chief executive of the Ministry of Education, for the Omokoroa School property:
b: the Director-General, for all other properties.
51: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property in the custodian trustee 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) subsection (1)
52: Matters to be recorded on record of title
1: The Registrar-General must record on the record of title for—
a: a reserve property—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 51(3) 56
b: any other cultural redress property that the land is subject to Part 4A
2: A notation made under subsection (1) 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 that—
i: section 24
ii: the property is subject to sections 51(3) 56
b: part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a)
4: The Registrar-General must comply with an application received in accordance with subsection (3)(a)
53: 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.
54: Names of Crown protected areas discontinued
1: Subsection (2)
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
55: Application of other enactments to reserve properties
1: The custodian trustee is the administering body of a reserve property.
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)
56: 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 Te Rī o Tamarāwaho or Te Rī o Ruahine may be transferred only to a hapū entity or the trustees of Te Tāhuhu o Tawakeheimoa Trust and only in accordance with section 57 59
3: The fee simple estate in the reserve land in any other property may be transferred to any other person only in accordance with section 58 59
4: In this section and sections 57 to 60 reserve land subsection (1)
57: Transfer of reserve land in Te Rī o Tamarāwaho or Te Rī o Ruahine to new administering body
1: This section applies to the reserve land in Te Rī o Tamarāwaho or Te Rī o Ruahine.
2: 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 hapū entity or the trustees of Te Tāhuhu o Tawakeheimoa Trust (the new owners
3: The Minister of Conservation must give written consent to the transfer if the registered owners—
a: satisfy the Minister that the new owners are able to—
i: comply with the requirements of the Reserves Act 1977
ii: perform the duties of an administering body under that Act; and
b: provide to the Minister a certificate given by the registered owners, or the registered owners’ lawyer, verifying that the new owners are a hapū entity or the trustees of Te Tāhuhu o Tawakeheimoa Trust.
4: The Registrar-General must, upon receiving the required documents, register the new owners as the owners of the fee simple estate in the reserve land.
5: The required documents are—
a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the reserve land; and
c: any other document required for the registration of the transfer instrument.
6: The new owners, from the time of their registration under this section,—
a: are the administering body of the reserve land; and
b: hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
7: A transfer that complies with this section need not comply with any other requirements.
58: Transfer of reserve land in other properties to new administering body
1: This section applies to the reserve land in any reserve property other than Te Rī o Tamarāwaho or Te Rī o Ruahine.
2: 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 1 or more persons (the new owners
3: The Minister of Conservation must give written consent to the transfer if the registered owners satisfy the Minister that the new owners are able to—
a: comply with the requirements of the Reserves Act 1977
b: perform the duties of an administering body under that Act.
4: The Registrar-General must, upon receiving the required documents, register the new owners as the owners of the fee simple estate in the reserve land.
5: The required documents are—
a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and
b: the written consent of the Minister of Conservation to the transfer of the reserve land; and
c: any other document required for the registration of the transfer instrument.
6: The new owners, from the time of their registration under this section,—
a: are the administering body of the reserve land; and
b: hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
7: A transfer that complies with this section need not comply with any other requirements.
59: Transfer of reserve land if trustees change
The registered owners of any 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)
60: Reserve land not to be mortgaged
The owners of any reserve land must not mortgage, or give a security interest in, the reserve land.
61: 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: Ngā pae maunga: properties jointly vested in fee simple to be administered as reserves
62: Interpretation
In this subpart, unless the context otherwise requires,— joint cultural redress property Schedule 2
a: Ōtanewainuku:
b: Pūwhenua Ngāi Te Rangi Settlement Trust Tapuika Iwi Authority Trust section 12 Te Kapu o Waitaha section 9 Te Tāwharau o Ngāti Pūkenga Trust section 11 vesting date section 63
63: Application of this subpart
1: This subpart takes effect on and from a date specified by Order in Council made on the recommendation of the Minister of Conservation.
2: The Minister must not make a recommendation unless and until—
a: legislation is enacted to settle the historical claims of Ngāi Te Rangi; and
b: that legislation provides for the vesting, on a date specified by Order in Council, of the fee simple estate in Ōtanewainuku and Pūwhenua as undivided equal shares in the persons described in sections 64(2) 65(2)
3: An order made under subsection (1) see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
64: Ōtanewainuku
1: Ōtanewainuku ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Ōtanewainuku vests as undivided one-sixth shares in the following as tenants in common:
a: a share vests in the custodian trustee; and
b: a share vests in the trustees of the Ngāi Te Rangi Settlement Trust; and
c: a share vests in the trustees of the Tapuika Iwi Authority Trust; and
d: a share vests in the trustees of Te Kapu o Waitaha; and
e: a share vests in the trustees of Te Tāhuhu o Tawakeheimoa Trust; and
f: a share vests in the trustees of Te Tāwharau o Ngāti Pūkenga Trust.
3: Ōtanewainuku is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Ōtanewainuku Scenic Reserve.
5: The joint management body established by section 66 Reserves Act 1977 section 26
6: Subsections (1) to (5) do not take effect until the persons described in subsection (2) have provided the Crown with a registrable easement in gross for a right of way over Ōtanewainuku on the terms and conditions set out in part 2.8 of the documents schedule.
7: 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 that Act.
65: Pūwhenua
1: Pūwhenua ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Pūwhenua vests as undivided one-sixth shares in the following as tenants in common:
a: a share vests in the custodian trustee; and
b: a share vests in the trustees of the Ngāi Te Rangi Settlement Trust; and
c: a share vests in the trustees of the Tapuika Iwi Authority Trust; and
d: a share vests in the trustees of Te Kapu o Waitaha; and
e: a share vests in the trustees of Te Tāhuhu o Tawakeheimoa Trust; and
f: a share vests in the trustees of Te Tāwharau o Ngāti Pūkenga Trust.
3: Pūwhenua is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The reserve is named Pūwhenua Scenic Reserve.
5: The joint management body established by section 66 Reserves Act 1977 section 26
66: Joint management body for Ōtanewainuku and Pūwhenua Scenic Reserves
1: A joint management body is established for Ōtanewainuku Scenic Reserve and Pūwhenua Scenic Reserve.
2: The following are appointers for the purposes of this section:
a: the trustees of the Ngā Hapū o Ngāti Ranginui Settlement Trust; and
b: the trustees of the Ngāi Te Rangi Settlement Trust; and
c: the trustees of the Tapuika Iwi Authority Trust; and
d: the trustees of Te Kapu o Waitaha; and
e: the trustees of Te Tāhuhu o Tawakeheimoa Trust; and
f: the trustees of Te Tāwharau o Ngāti Pūkenga Trust.
3: Each appointer may appoint 1 member to the joint management body.
4: A member is appointed only if the appointer gives written notice with the following details to the other appointers:
a: the full name, address, and other contact details of the member; and
b: the date on which the appointment takes effect, which must be no earlier than the date of the notice.
5: An appointment ends after 5 years or when the appointer replaces the member by making another appointment.
6: A member may be appointed, reappointed, or discharged at the discretion of the appointer.
7: Sections 32 to 34
8: However, the first meeting of the body must be held no later than 2 months after the vesting date.
67: Restriction on transfer of joint cultural redress property
1: The registered owners of an undivided share in the fee simple estate in a joint cultural redress property must not transfer the undivided share.
2: However, the registered owners may transfer the undivided share if—
a: the transferors of the share 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 share is accompanied by a certificate given by the transferees, or the transferees’ lawyer, verifying that paragraphs (a) and (b) apply.
68: Provisions of other Acts with same effect for joint cultural redress property
1: This section applies if a provision in this Act has the same effect as a provision in another Act for 1 of the following properties:
a: Ōtanewainuku:
b: Pūwhenua.
2: The provisions must be given effect to only once, as if they were 1 provision. General provisions applying to vesting of joint cultural redress properties
69: Properties vest subject to or together with interests
Each joint cultural redress property vests under this subpart subject to, or together with, any interests listed for the property in Schedule 2
70: Interests in land for joint cultural redress properties
1: This section applies to a joint cultural redress property while all or part of the property remains a reserve under the Reserves Act 1977 reserve land
2: If the property is affected by an interest that is an interest in land and the interest is listed for the property in Schedule 2
3: Any interest that is an 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 land.
4: However, subsections (2) and (3) do not affect the registration of the easement referred to in section 64(6)
71: Interests that are not interests in land
1: This section applies if a joint 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 joint cultural redress property were the grantor of the interest in respect of the property, except to the extent that subsection (3) applies.
3: If all or part of the joint cultural redress property is reserve land to which section 70
4: The interest applies—
a: until the interest expires or is terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the property.
72: Registration of ownership
1: This section applies in relation to the fee simple estate in a joint cultural redress property vested under this subpart.
2: The Registrar-General must, in accordance with an application received from an authorised person,—
a: create a record of title for each undivided one-sixth share of the fee simple estate in the property in the name of each of—
i: the custodian trustee; and
ii: the trustees of the Ngāi Te Rangi Settlement Trust; and
iii: the trustees of the Tapuika Iwi Authority Trust; and
iv: the trustees of Te Kapu o Waitaha; and
v: the trustees of Te Tāhuhu o Tawakeheimoa Trust; and
vi: the trustees of Te Tāwharau o Ngāti Pūkenga Trust; and
b: record on each record of title any interests that are registered, noted, or to be noted and that are described in the application.
3: Subsection (2) is subject to the completion of any survey necessary to create a record of title.
4: A record of title must be created under this section as soon as is reasonably practicable after the vesting date, but no later than—
a: 24 months after the vesting date; or
b: any later date that may be agreed in writing by the Crown and the persons in whose names the record of title is to be created.
5: In this section, authorised person
73: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a joint cultural redress property under this subpart is a disposition for the purposes of Part 4A sections 24 24A 24AA
2: If the reservation of a joint cultural redress property under section 64(3) 65(3) section 24
74: Recording application of Part 4A of Conservation Act 1987 and sections of this subpart
1: The Registrar-General must record on a record of title for a joint cultural redress property that—
a: the land is subject to Part 4A section 24
b: the land is subject to sections 67 70(3) 73(2)
2: A notation made under subsection (1) that land is subject to Part 4A section 24D(1)
3: If the reservation under section 64(3) 65(3)
a: all of the property, then the Director-General must apply in writing to the Registrar-General to remove from any record of title for the property the notations that—
i: section 24
ii: the property is subject to sections 67 70(3) 73(2)
b: part of the property, then the Registrar-General must ensure that the notations referred to in paragraph (a) remain only on any 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).
75: Application of other enactments to joint cultural redress properties
1: The vesting of the fee simple estate in a joint 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: Section 11 Part 10
a: the vesting of the fee simple estate in a joint cultural redress property under this subpart; or
b: any matter incidental to, or required for the purpose of, the vesting.
76: Application of Reserves Act 1977 to joint cultural redress properties
1: Sections 78(1)(a) 79 to 81 88
2: If the reservation under section 64(3) 65(3) section 24 section 25(2)
77: Joint cultural redress property that is reserve must not be mortgaged
The registered owners of a joint cultural redress property must not mortgage, or give a security interest in, all or any part of the property that, at any time after vesting under section 64 65 Reserves Act 1977
78: Saving of bylaws, etc, in relation to joint cultural redress 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 section 64 65
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977
79: Scenic reserve not to become Crown protected area
1: A joint cultural redress property is not a Crown protected area.
2: The Minister must not change the name of a joint cultural redress property under section 16(10)
3: In this section, Crown protected area section 4
3: Commercial redress
80: Interpretation
In subparts 1 2 commercial property commercial redress property
a: a property described in table 1 or 2 in part 4 of the property redress schedule; and
b: a property described in part 3 of the property redress schedule that became a commercial redress property under clause 6.7 of the deed of settlement before the commencement of this Act deferred selection property land holding agency
a: for a property described in paragraph (a)
b: for a property described in paragraph (b)
c: for a commercial property, the Ministry of Education:
d: for the deferred selection property, LINZ.
1: Transfer of commercial redress properties, commercial properties, and deferred selection property
81: The Crown may transfer properties
1: To give effect to the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to—
a: transfer the fee simple estate in a commercial redress property, a commercial property, or the deferred selection property to the custodian trustee; and
b: sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
2: Subsection (3)
a: a commercial property that is subject to a resumptive memorial recorded under any enactment listed in section 16(2)
b: the deferred selection property if it is subject to a resumptive memorial recorded under any enactment listed in section 16(2)
3: As soon as is reasonably practicable after the date on which the commercial property or the deferred selection property is transferred to the custodian trustee, the chief executive of the land holding agency must give written notice of that date to the chief executive of LINZ for the purposes of section 17
82: Records of title for commercial redress properties, commercial properties, and deferred selection property
1: This section applies to each of the following properties that is to be transferred to the custodian trustee under section 81
a: a commercial redress property:
b: a commercial property:
c: the 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)
5: In this section and sections 83 85 authorised person
83: Authorised person may grant covenant for later creation of record of title
1: For the purposes of section 82
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.
84: Application of other enactments
1: This section applies to the transfer to the custodian trustee of the fee simple estate in a commercial redress property, a commercial property, or the deferred selection property.
2: The transfer is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
3: The transfer does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
5: Section 11 Part 10
6: In exercising the powers conferred by section 81
7: Subsection (6) subsections (2) and (3)
85: Application of enactment to Part Te Puna School site and adjoining land
1: The land contained in record of title SA64A/555 became subject to section 241
2: The authorised person for the commercial redress property described as Part Te Puna School site must apply in writing to the Registrar-General to remove the notation of that section from record of title SA64A/555.
3: The application must be made before a record of title is created for the property under section 82
4: The Registrar-General must, before creating a record of title for the property under section 82
2: Māori reservation properties
86: Application of this subpart
1: This subpart applies to a Māori reservation property after the transfer of the property to the custodian trustee.
2: In this subpart, Māori reservation property
a: means a commercial redress property described in table 1 in part 4 of the property redress schedule that has an asterisk next to the property's address in the fourth column of the table; but
b: for 17 Moffat Road, means only the part of the property shown as A on the plan of the property in part 4 of the attachments.
87: Setting apart as Māori reservations and terms of trust
1: A Māori reservation property is set apart as a Māori reservation, as if it were set apart under section 338(1)
a: for the purposes of marae and associated papakāinga housing; and
b: to be held on trust for the benefit of Ngā Hapū o Ngāti Ranginui.
2: The terms of trust on which a Māori reservation property is held include the following:
a: the property is inalienable except for a transfer under subsection (3)
b: the property will be held to restore and preserve land holdings within the rohe of Ngā Hapū o Ngāti Ranginui to—
i: recognise and support the relationship of Ngā Hapū o Ngāti Ranginui, and their culture and traditions, with their ancestral lands; and
ii: support the use of the land by whānau of Ngā Hapū o Ngāti Ranginui for traditional purposes:
c: the property will be held to recognise and take account of the importance of the land in providing economic and infrastructure support for marae and associated papakāinga housing (whether on the land or elsewhere) for Ngā Hapū o Ngāti Ranginui.
3: A Māori reservation property may be transferred, subject to the existing terms of trust, to the hapū entity of the hapū of Ngāti Ranginui listed for the property in the third column of table 1 in part 4 of the property redress schedule.
4: The Registrar-General need not create a separate record of title for a fee simple estate in any Māori reservation property that is only part of the land contained in a record of title for a fee simple estate.
88: Application of enactments to Māori reservation properties
1: Part 17 section 338(15)
2: The Māori Land Court has the jurisdiction, on application by the owners of a Māori reservation property, to set out or vary additional terms of trust on which the property is held.
3: The chief executive of Te Puni Kōkiri may, on the recommendation of the Māori Land Court, by notice in the Gazette
a: exclude any part of the land from the Māori reservation in a Māori reservation property; or
b: cancel the Māori reservation.
4: Sections 18(1)(c) and (d) 19(1)(a) 20 24 26 194 342
5: Section 108(9) Te Ture Whenua Maori Act 1993
6: For the purposes of the Local Government (Rating) Act 2002
3: Right of first refusal over RFR land
Interpretation
89: Interpretation
In this subpart and Schedule 3 control paragraph (d)
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 93(2)(a) 94 notice offer section 93 public work section 2 related company section 2(3) 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 99(1)
d: to avoid doubt, does not include an administering body in which RFR land is vested after the settlement date under section 100(1) RFR period subsidiary section 5
90: Meaning of RFR land
1: In this subpart, RFR land
a: the land described in part 3 of the attachments that, on the settlement date, is—
i: vested in the Crown; or
ii: held in fee simple by the Crown, Kāinga Ora–Homes and Communities, or Health New Zealand; and
b: any land obtained in exchange for a disposal of RFR land under section 104(1)(c) 105
2: 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 a contract formed under section 97
ii: any other person (including the Crown or a Crown body) under section 92(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 101 to 108
ii: under any matter referred to in section 109(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 118
d: the Minister for Treaty of Waitangi Negotiations has given notice under section 91
e: the RFR period ends.
91: RFR land required for another Treaty of Waitangi settlement
1: The Minister for Treaty of Waitangi Negotiations must, for Te Puna Katikati RFR land that is required as cultural redress for the settlement of other historical Treaty claims, give notice to the following persons that the land ceases to be RFR land:
a: the RFR landowner; and
b: the trustees.
2: The notice may be given at any time before a contract is formed under section 97
3: In this section,— historical Treaty claim section 2 Te Puna Katikati RFR land Restrictions on disposal of RFR land
92: 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 98 to 108
b: under any matter referred to in section 109(1)
c: in accordance with a waiver or variation given under section 118
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 93
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 95
iv: not accepted under section 96 Trustees’ right of first refusal
93: 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.
94: 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.
95: Withdrawal of offer
The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted.
96: 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.
97: 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 but land remains RFR land
98: 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
99: 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)
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart.
100: 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
101: 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.
102: 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.
103: 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
104: 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)
105: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
106: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
107: Disposal to tenants
The Crown may dispose of RFR land—
a: that was held on the settlement date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or
b: under section 67
i: before the settlement date; or
ii: on or after the settlement date under a right of renewal in a lease granted before the settlement date; or
c: under section 93(4)
108: Disposal by Health New Zealand
Health New Zealand (established by section 11(1) RFR landowner obligations
109: RFR landowner’s obligations subject to other matters
1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
a: any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any interest, or legal or equitable obligation, that—
i: prevents or limits an RFR landowner’s disposal of RFR land to the trustees; and
ii: the RFR landowner cannot satisfy by taking reasonable steps; and
c: the terms of a mortgage over, or security interest in, RFR land.
2: Reasonable steps subsection (1)(b)(ii) Notices about RFR land
110: 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.
111: 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 92
f: if the disposal is to be made under section 92(d)
112: Notice to LINZ of land ceasing to be RFR land
1: Subsections (2) and (3)
a: the fee simple estate in the land is to transfer from the RFR landowner to—
i: the trustees or their nominee (for example, under a contract formed under section 97
ii: any other person (including the Crown or a Crown body) under section 92(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 101 to 108
ii: under any matter referred to in section 109(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 118
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.
4: Subsections (5) and (6) apply if the Minister for Treaty of Waitangi Negotiations gives notice under section 91
5: The RFR landowner must, as soon as practicable after receiving the Minister’s notice, give the chief executive of LINZ notice that the land has ceased to be RFR land.
6: 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: a copy of the notice given under section 91
113: Notice requirements
Schedule 3
a: an RFR landowner; or
b: the trustees. Right of first refusal recorded on records of title
114: 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 110
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 90
b: subject to this subpart (which restricts disposal, including leasing, of the land).
115: 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 112(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 114
116: Removal of notations when land required for another Treaty of Waitangi settlement
1: The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice under section 112(5)
a: the legal description of the land; and
b: the reference for the record of title for the land; and
c: a copy of the notice given under section 91
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: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove from the record of title identified in the certificate any notation recorded under section 114
117: 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 in respect of any RFR land, issue to the Registrar-General a certificate that includes—
a: the reference for each record of title for that RFR land that still has a notation recorded under section 114
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 114 General provisions applying to right of first refusal
118: 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.
119: 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.
120: 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.