1: Title
This Act is the Dairy Industry Restructuring Amendment Act 2012.
2: Commencement
1: Except for section 17
2: Section 17 section 109B section 7 Section 2(2) brought in force 30 November 2012 Dairy Industry Restructuring (Trading Among Farmers) Order 2012
3: Principal Act
This Act amends the Dairy Industry Restructuring Act 2001 principal Act 2012-07-27 Dairy Industry Restructuring Act 2001 Except for section 17 OIC SR 2012/345 2012-11-30 Dairy Industry Restructuring Act 2001 Section 17 comes into force on the date specified in an Order in Council made under section 109B of the principal Act (as inserted by section 7 of this Act).
1: Amendments to principal Act
4: Section 5 amended (Interpretation)
1: In section 5(1) base milk price commodity
a: traded in significant quantities in globally contested markets; and
b: characterised by uniform technical specifications independent
a: a shareholding farmer:
b: a relative of a shareholding farmer:
c: an employee of new co-op:
d: an employee of a shareholding farmer:
e: a person who has a direct or indirect financial interest in a farm that supplies milk to new co-op:
f: a person who has a relevant interest in new co-op fund securities listed section 2(1) of the Securities Markets Act 1988 market maker in co-operative shares milk price manual section 150F new co-op fund section 109D(1)(b) new co-op fund securities section 109D(1)(b)(i) panel section 150D publicly available
a: the document or information is available for inspection, free of charge, on an Internet site that is publicly accessible at all reasonable times (except to the extent that making the document or information available would infringe copyright in the material in question or is inconsistent with any enactment or rule of law); and
b: a copy of the document or information is available for inspection, free of charge, at all reasonable times at the head office of the person required to make it publicly available or, if that person is a Minister, at the head office of the relevant Ministry; and
c: copies of the document or information may be purchased by any person at a reasonable price registered market relative
a: that person's spouse, civil union partner, or de facto partner:
b: a parent or step-parent of that person:
c: a child or stepchild of that person:
d: a brother or sister of that person, including a stepbrother or stepsister:
e: a grandchild of that person:
f: a grandparent of that person:
g: a parent, step-parent, brother, or sister, including a stepbrother or stepsister, of that person's spouse, civil union partner, or de facto partner relevant interest section 2(1) specified subpart 5 provisions section 109A trade .
2: In section 5(1) conversion date conversion date .
5: Section 72 amended (Overview)
After section 72(5)
5A: Sections 109A to 109J
5B: Sections 109K to 109M
6: New sections 77A and 77B inserted
After section 77
77A: Price must be fair value
The price of a co-operative share set by new co-op under section 77(1) assets − debts = price shares where— assets debts shares
77B: When section 77A first applies
Section 77A
a: on and from the date specified by an Order in Council made under section 109G(2)
b: on 31 December 2013 if, before 31 December 2013, no Order in Council has been made under section 109B
7: New sections 109A to 109N and cross-heading inserted
After section 109 Trading among farmers
109A: Subpart 5 of Part 2 provisions do not apply
The following provisions (the specified subpart 5 provisions) do not apply on and from a date specified by an Order in Council made under section 109B
a: sections 77 to 85:
b: sections 88 to 93:
c: sections 98 to 105.
109B: Order in Council specifying date on and from which specified subpart 5 provisions do not apply
The Governor-General may by Order in Council made on the recommendation of the Minister specify a date on and from which the specified subpart 5 provisions do not apply.
109C: When Minister must recommend that Order in Council be made
The Minister must recommend that an Order in Council be made under section 109B section 109D
109D: Preconditions for making Order in Council
1: The preconditions for making an Order in Council under section 109B
a: co-operative shares are listed on a registered market that provides for the shares to be traded by shareholding farmers; and
b: there is established a fund (the new co-op fund) that satisfies the following requirements:
i: the securities issued in respect of the fund (the new co-op fund securities)—
A: are listed on a registered market that provides for the securities to be traded by the public; and
B: entitle the holders of those securities to receive distributions equal to the distributions they would receive if they were holders of co-operative shares; and
ii: the rules of the fund permit shareholding farmers to exchange co-operative shares for an equal number of new co-op fund securities, and vice versa; and
iii: the manager of the fund has issued, or has entered into binding obligations to issue, new co-op fund securities for consideration of not less than $500 million; and
c: new co-op has given a notice to the chief executive that complies with section 109E
2: The chief executive, subject to being satisfied as to the sufficiency and authenticity of the certificate in question,—
a: must confirm to the Minister that the precondition in subsection (1)(a) subsection (1)(a)
b: must confirm to the Minister that the precondition in subsection (1)(b) subsection (1)(b)
109E: Requirements for notice given by new co-op to chief executive
For the purposes of section 109D(1)(c)
a: be in writing; and
b: request that an Order in Council be made under section 109B
c: specify the date on and from which the specified subpart 5 provisions should not apply.
109F: Notice by new co-op to chief executive triggering repeal of section 109A
1: New co-op must without delay give written notice to the chief executive if—
a: co-operative shares are no longer able to be traded on a registered market by shareholding farmers (other than in the case of a temporary halt in, or suspension of, trading in the shares); or
b: new co-op fund securities have ceased to be listed on a registered market that provides for the securities to be traded by the public; or
c: the new co-op fund has been wound up; or
d: an event occurs that creates a binding obligation to wind up the new co-op fund including, without limitation,—
i: an order by a court, a regulatory body, or any other person; or
ii: a resolution by the holders of new co-op fund securities or by any other person; or
iii: an event specified in the contractual arrangements relating to the new co-op fund.
2: The notice must be accompanied by the evidence relied upon by new co-op for asserting that subsection (1)
3: If new co-op contravenes this section, it commits an offence and is liable on summary conviction to a fine not exceeding $200,000 and a fine of $10,000 for every day that the offence continues.
109G: Repeal of section 109A
1: Section 109A subsection (2)
2: The Governor-General may by Order in Council made on the recommendation of the Minister specify a date on and from which section 109A
3: The date specified in the order must be the later of 9 months after the order is made and the beginning of the next application period.
109H: Revocation of order made under section 109G
1: This section applies to the revocation, before the specified date, of an order made under section 109G
2: The Governor-General may, before the specified date, by Order in Council revoke an order made under section 109G
a: an order could have been made under section 109B
b: for the purpose of paragraph (a) sections 109C and 109D
3: When an order is made under subsection (2) section 109D(1)(b)
4: In this section, specified date section 109G
109I: Conditions of making order under section 109G(2)
1: An Order in Council made under section 109G(2)
2: The Minister must recommend that the order be made if the Minister is satisfied, on written confirmation from the chief executive, that—
a: co-operative shares are no longer able to be traded on a registered market by shareholding farmers (other than in the case of a temporary halt in, or suspension of, trading in the shares); or
b: new co-op fund securities have ceased to be listed on a registered market that provides for the securities to be traded by the public; or
c: the new co-op fund has been wound up; or
d: an event has occurred that creates a binding obligation to wind up the new co-op fund including, without limitation,—
i: an order by a court, a regulatory body, or any other person; or
ii: a resolution by the holders of new co-op fund securities or by any other person; or
iii: an event specified in the contractual arrangements relating to the new co-op fund.
3: The chief executive must confirm that subsection (2)(a), (b), (c), or (d) applies if the chief executive—
a: has received a notice from new co-op under section 109F
b: is satisfied on reasonable grounds, after making due inquiry, that subsection (2)(a), (b), (c), or (d) applies; or
c: has received a response from new co-op under section 109J(3)(b)
d: has not obtained a response from new co-op, within 5 working days after service, to a notice given under section 109J
109J: Chief executive may give new co-op notice requiring verification
1: At any time while the specified subpart 5 provisions do not apply, the chief executive may give new co-op a notice that complies with subsection (2) requiring new co-op to verify in writing, with documentary proof, that—
a: co-operative shares continue to be listed on a registered market that provides for the shares to be traded by shareholding farmers:
b: new co-op fund securities continue to be listed on a registered market that provides for the securities to be traded by the public:
c: the new co-op fund has not been wound up:
d: no event has occurred that creates a binding obligation to wind up the new co-op fund.
2: The notice must be—
a: in writing; and
b: dated; and
c: served on new co-op at its address for service.
3: New co-op must respond to the notice not later than 5 working days after service of the notice by—
a: verifying the matter in question; or
b: if it is unable to verify it, stating that it is unable to do so.
4: If new co-op contravenes subsection (3)
109K: When sections 109L to 109N apply
Sections 109L to 109N
109L: New co-op's obligations in relation to market in co-operative shares and to new co-op fund
1: New co-op must ensure that there are 1 or more market makers in co-operative shares operating during the periods of operation of the registered market on which the co-operative shares are listed.
2: New co-op must ensure that the holders of new co-op fund securities have the following rights:
a: subject to section 161A(2)
b: the right to appoint and remove a majority of the board of the manager of the fund; and
c: the right to vote on resolutions proposed at general meetings of the fund; and
d: the right to pass a resolution for the liquidation of the fund.
109M: Restrictions on new co-op
1: Subsection (2) applies to conduct by new co-op that restricts, prevents, or deters—
a: trading in co-operative shares; or
b: participation by shareholding farmers, new entrants, and market makers in co-operative shares in trading in co-operative shares or new co-op fund securities; or
c: the ability of shareholding farmers and new entrants to exchange co-operative shares for new co-op fund securities, and vice versa; or
d: the liquidity of the market for co-operative shares or for new co-op fund securities.
2: New co-op must not engage in any conduct to which this subsection applies for the purpose of restricting, preventing, or deterring—
a: a new entrant from becoming a shareholding farmer pursuant to an application under section 73(1)
b: a shareholding farmer from increasing the volume of milk supplied to new co-op pursuant to an application under section 73(2)
c: a shareholder farmer from ceasing or reducing the supply of milk to new co-op pursuant to a notice of withdrawal under section 97(1)
109N: Expiry of sections 109A to 109M
Sections 109A to 109M
a: if an Order in Council has been made under section 109G(2)
b: if no Order in Council has been made under section 109B 2013-12-31 Dairy Industry Restructuring Act 2001 Sections 109A to 109M expire and are repealed on 31 December 2013, if no OIC has been made under section 109B by that date
8: Section 115 amended (Obligations concerning milk)
1: In the heading to section 115 Obligations concerning Regulations relating to
2: In section 115(1)
f: require new co-op and independent processors to provide—
i: periodic returns of milksolids collected from dairy farmers:
ii: periodic forecasts of milksolids expected to be collected from dairy farmers; and .
3: In section 115
2A: For the purpose of any regulations made under subsection (1), unless the context of the regulations otherwise requires, a body is an interconnected body of an independent processor if—
a: both the independent processor and the body are bodies corporate and would be treated as interconnected bodies corporate under section 2(7) of the Commerce Act 1986; or
b: one or both of the independent processor and the body is a partnership (including a limited partnership) or an unincorporated joint venture and would be treated as interconnected bodies corporate under section 2(7) of the Commerce Act 1986 if the partnership or joint venture were incorporated as a company with shareholdings corresponding to the interests, including returns, of the partners in the partnership or participants in the joint venture.
9: Section 118 amended (Offences)
In section 118(1)
aa: fails, without reasonable excuse, to comply with a requirement to provide periodic returns or periodic forecasts specified in regulations made under section 115; or .
10: Section 134 amended (Levy regulations)
1: In section 134(4)(a)(ii) subpart or subpart 5A
2: In section 134(4)(a)
v: the cost of conducting reviews under subpart 5A .
11: Cross-heading above section 147 amended
In the cross-heading subpart and subpart 5A
12: Section 148 amended (Subpart ceases to apply to island that meets its market share threshold)
1: In the heading to section 148 Subpart ceases Subparts 5 and 5A cease
2: In section 148(4)(a) 104, 105, and 110 to 146 77A 109A to 109N
3: In section 148(4)(a) ceases and subpart 5A
4: In section 148(4)(b) ceases and subpart 5A
5: In section 148(5) ceases and subpart 5A
6: In section 148(6)(a) ceases and subpart 5A
13: Section 149 amended (Subpart expires if both islands meet their market share thresholds)
1: In the heading to section 149 Subpart expires Subparts 5 and 5A expire
2: In section 149(1) expires subpart 5A
14: New subpart 5A of Part 2 inserted
After section 150
5A: Base milk price
Purpose of subpart
150A: Purpose of this subpart
1: The purpose of this subpart is to promote the setting of a base milk price that provides an incentive to new co-op to operate efficiently while providing for contestability in the market for the purchase of milk from farmers.
2: For the purposes of this subpart, the setting of a base milk price provides for contestability in the market for the purchase of milk from farmers if any notional costs, revenues, or other assumptions taken into account in calculating the base milk price are practically feasible for an efficient processor.
150B: Certain assumptions do not detract from purpose of subpart
It does not detract from the achievement of the purpose set out in section 150A
a: that new co-op operates a national network of facilities for the collection and processing of milk:
b: that the size of new co-op's assumed units of processing capacity approximates to the average size of new co-op's actual units of processing capacity:
c: that gains and losses experienced by new co-op resulting from foreign currency fluctuations, including from new co-op's foreign currency risk-management strategies, are incorporated in the base milk price:
d: that all milk collected by new co-op is processed into commodities at yields that are practically feasible.
150C: Setting of base milk price in way that is consistent with certain principles
1: For the achievement of the purpose set out in section 150A
a: revenue taken into account in calculating the base milk price is determined from prices of a portfolio of commodities at the times that those commodities are contracted to be sold by new co-op:
b: costs taken into account in calculating the base milk price include costs (including capital costs and a return on capital) of—
i: collecting milk; and
ii: processing milk into the same portfolio of commodities as the portfolio adopted for the purposes of paragraph (a); and
iii: selling those commodities:
c: new co-op collects all milk that it processes from the farms on which the milk is produced.
2: For the purposes of subsection (1)(a) and (b)(ii), the portfolio of commodities must be determined having regard to the following:
a: in respect of the commodities included in the portfolio,—
i: the commodities that are likely to be the most profitable over a period not exceeding 5 years from the time when the portfolio is determined; and
ii: the need for commodities included in the portfolio to utilise all components of milk; and
b: in respect of the relative proportions of the commodities included in the portfolio, the quantities of commodities likely to be produced by new co-op based on—
i: the mix of commodities that are likely to be most profitable; and
ii: new co-op's physical manufacturing capacity for the production of those commodities; and
iii: the need to utilise all components of the milk processed. Milk Price Panel
150D: Milk Price Panel
1: New co-op must establish and maintain a committee known as the Milk Price Panel (the panel
2: New co-op must set the terms of reference for the panel, which must include the functions set out in subsections (3) and (4), and the panel must act in accordance with those terms of reference.
3: The panel must, for each season,—
a: supervise the calculation of the base milk price; and
b: advise new co-op as necessary on the application of the milk price manual; and
c: recommend to new co-op the base milk price.
4: The panel may, as it considers necessary or desirable, make recommendations to new co-op in respect of the milk price manual, including a recommendation that it should be amended and a recommendation that a proposed amendment should not be made.
5: New co-op must make the terms of reference of the panel publicly available, including any amendments to those terms of reference.
6: If new co-op contravenes subsection (1), (2), or (5), it commits an offence and is liable on summary conviction to a fine not exceeding $200,000 and a fine of $10,000 for each day that the offence continues.
150E: Appointment of members of panel
1: New co-op must appoint the members of the panel and must appoint one of the members as the chair.
2: New co-op must ensure that at all times the chair and a majority of the members (including the chair) are independent.
3: If, without reasonable excuse, new co-op contravenes subsection (2), it commits an offence and is liable on summary conviction to a fine not exceeding $200,000 and a fine of $10,000 for each day that the offence continues. Milk price manual
150F: New co-op must maintain milk price manual
1: New co-op must maintain a manual (the milk price manual
2: New co-op must make the manual publicly available, including any amendments to the manual.
3: If new co-op contravenes subsection (1) or (2), it commits an offence and is liable on summary conviction to a fine not exceeding $200,000 and a fine of $10,000 for each day that the offence continues.
150G: Steps new co-op must take if panel recommendation not followed or implemented
1: This section applies if—
a: new co-op does not amend the milk price manual in accordance with a recommendation by the panel; or
b: new co-op amends the milk price manual contrary to a recommendation by the panel; or
c: new co-op amends the milk price manual without having received a recommendation by the panel for the amendment.
2: New co-op must,—
a: if subsection (1)(a) applies, make publicly available—
i: the recommendation of the panel; and
ii: new co-op's reasons for not implementing that recommendation:
b: if subsection (1)(b) applies, make publicly available—
i: the recommendation of the panel; and
ii: new co-op's reasons for amending the milk price manual contrary to that recommendation:
c: if subsection (1)(c) applies, make publicly available a statement of new co-op's reasons for amending the milk price manual without having received a recommendation by the panel for the amendment.
3: If new co-op contravenes subsection (2), it commits an offence and is liable on summary conviction to a fine not exceeding $200,000 and a fine of $10,000 for each day that the offence continues. Review of milk price manual by Commission
150H: Commission must review milk price manual
The Commission must, for each season, review the milk price manual and make a report under section 150I
150I: Commission's report
1: The Commission must make a report on the extent to which the milk price manual is consistent with the purpose of this subpart ( see section 150A
2: In making the report, the Commission must—
a: have regard to the information provided to it by new co-op under section 150L section 150K
b: have regard to any submission made by new co-op under section 150M(2)(a) section 150K
c: give reasons for its conclusions.
150J: Commission must make final report publicly available
The Commission must finalise its report under section 150I Procedure for Commission's review of milk price manual
150K: Procedure for review of milk price manual
1: The procedure for the review by the Commission of the milk price manual is—
a: the procedure set out in sections 150L and 150M
b: if a procedure is agreed between new co-op and the Commission, that procedure.
2: If new co-op fails to comply with the agreed procedure,—
a: the agreed procedure lapses; and
b: the procedure set out in sections 150L and 150M
150L: New co-op must provide Commission with milk price manual and other information
New co-op must, not later than 1 August in each year,—
a: provide the Commission with the milk price manual for the current season; and
b: provide the Commission with any recommendations by the panel in relation to the setting of the base milk price; and
c: notify the Commission of any change in the economic and business environment that, in new co-op's view, requires a change to the milk price manual; and
d: certify to the Commission the extent to which new co-op considers that the milk price manual is consistent with the purpose of this subpart ( see section 150A
e: provide the Commission with reasons for the view expressed in new co-op's certificate given under paragraph (d)
150M: Draft Commission report
1: Not later than 15 October in the season to which the milk price manual relates, the Commission must provide new co-op with a draft of its report made under section 150I
2: Not later than 15 November in the season to which the milk price manual relates, new co-op must—
a: make a submission to the Commission on the draft report; or
b: notify the Commission that it does not wish to make a submission. Base milk price calculation
150N: Steps new co-op must take if panel recommendation not followed or implemented
1: This section applies if new co-op sets the base milk price—
a: other than in accordance with a recommendation by the panel; or
b: without having received a recommendation by the panel for the base milk price.
2: New co-op must,—
a: if subsection (1)(a) applies, make publicly available—
i: the recommendation of the panel; and
ii: a statement of new co-op's reasons for setting the base milk price other than in accordance with that recommendation:
b: if subsection (1)(b) applies, make publicly available a statement of new co-op's reasons for setting the base milk price without having received a recommendation by the panel for the base milk price.
3: If new co-op contravenes subsection (2), it commits an offence and is liable on summary conviction to a fine not exceeding $200,000 and a fine of $10,000 for each day that the offence continues.
150O: Commission must review calculation of base milk price
1: The Commission must, for each season, review new co-op's calculation of the base milk price set for that season and make a report under section 150P
2: The first review under this section must be the review to be held in 2013 in respect of the 2012/2013 season.
150P: Commission's report
1: The Commission must make a report on the extent to which the assumptions adopted and the inputs and process used by new co-op in calculating the base milk price for the season are consistent with the purpose of this subpart ( see section 150A
2: In making the report, the Commission must—
a: have regard to the information provided to it by new co-op under section 150T section 150S
b: have regard to any submission made by new co-op under section 150U(2)(a) section 150S
c: give reasons for its conclusions.
3: In making the report, the Commission—
a: is not required to calculate the costs of an independent processor; and
b: is not required to, and must not, state the amount of the base milk price according to its own calculations.
150Q: Commission must make final report publicly available
The Commission must finalise its report under section 150P
150R: Steps new co-op must take if base milk price changed after Commission report
1: This section applies if, after the Commission has made its report under section 150P
2: New co-op must without delay make publicly available—
a: the new base milk price; and
b: a statement of new co-op's reasons for the change.
3: If new co-op contravenes subsection (2), it commits an offence and is liable on summary conviction to a fine not exceeding $200,000 and a fine of $10,000 for each day that the offence continues. Procedure for Commission's review of base milk price calculation
150S: Procedure for review of base milk price calculation
1: The procedure for the review by the Commission of the calculation of the base milk price is—
a: the procedure set out in sections 150T and 150U
b: if a procedure is agreed between new co-op and the Commission, that procedure.
2: If new co-op fails to comply with the agreed procedure,—
a: the agreed procedure lapses; and
b: the procedure set out in sections 150T and 150U
150T: New co-op must provide Commission with certain information
New co-op must, not later than 1 July in each year,—
a: provide the Commission with the assumptions adopted and the inputs and process used by new co-op in calculating the base milk price for the preceding season; and
b: certify to the Commission the extent to which, in new co-op's view, the assumptions adopted and the inputs and process used by new co-op in calculating the proposed base milk price are consistent with the purpose of this subpart ( see section 150A
c: provide the Commission with reasons for the view expressed in new co-op's certificate given under paragraph (b).
150U: Draft Commission report
1: No later than 15 August following the season to which the report under section 150P
2: No later than 1 September following the season to which the report relates, new co-op must—
a: make a submission to the Commission on the draft report; or
b: notify the Commission that it does not wish to make a submission. Application of Commerce Act 1986
150V: Application of Commerce Act 1986 to review by Commission under this subpart
1: The following provisions of the Commerce Act 1986 apply, with all necessary modifications, to a review by the Commission under this subpart as if the review were an investigation by the Commission of a contravention of that Act:
a: sections 15 to 17:
b: sections 98 to 98G:
c: section 99:
d: sections 100 to 103:
e: section 106:
f: section 109.
2: For the purpose of carrying out its functions and exercising its powers under this subpart, the Commission may, in addition to exercising its powers under section 98 of the Commerce Act 1986, by notice in writing, require new co-op, at the time and place specified in the notice, to produce or supply to the Commission an expert opinion from an appropriately qualified person, or from a member of a class of appropriately qualified persons, as determined by the Commission in relation to any matter specified by the Commission.
15: Section 161 amended (Application of Co-operative Companies Act 1996 to new co-op shares)
After section 161(2)
3: When section 77A see section 77B
4: Nothing in the Co-operative Companies Act 1996 prevents new co-op from setting a price of a co-operative share under section 77.
5: Sections 17 to 19, 20(1) and (4), 21, 22(4), 23 to 28, and 29(a) and (b) of the Co-operative Companies Act 1996 apply to the issue, surrender, or forfeiture of co-operative shares as if references in those sections to nominal value were references to the value of the shares set under section 77 and with all other necessary modifications.
16: New sections 161A to 161E inserted
After section 161
161A: Voting rights in respect of new co-op fund securities held by new co-op or nominee
1: Subject to subsection (2), new co-op must not exercise voting rights conferred by new co-op fund securities held by new co-op or a nominee.
2: Nothing in subsection (1) prevents new co-op, any person representing the interests of shareholding farmers, or a nominee of new co-op or shareholding farmers from exercising the right conferred by one new co-op fund security (the veto security
a: any change in the governance structure of the board of the manager of the new co-op fund, including—
i: the number of members of the board appointed by holders of new co-op fund securities other than new co-op; and
ii: the number of members of the board appointed by new co-op; and
b: any change in the scope and role of the new co-op fund; and
c: any change in the obligation of the new co-op fund to facilitate the exchange of co-operative shares for an equal number of new co-op fund securities, and vice versa; and
d: any change in the limit on the number of new co-op fund securities that can be held by a person or an entity (together with any associates of that person or entity); and
e: any change in the terms on which the veto security is issued.
161B: New co-op may acquire new co-op fund securities
1: New co-op may, in accordance with this section, but not otherwise, acquire new co-op fund securities.
2: Sections 52 and 56 of the Companies Act 1993 apply, with all necessary modifications, to the acquisition of new co-op fund securities by new co-op as if the acquisition were a distribution.
3: Section 53 of the Companies Act 1993 does not apply to the acquisition of new co-op fund securities by new co-op.
4: Subject to subsection (5)
5: New co-op fund securities acquired under this section are required to be exchanged for co-operative shares immediately on acquisition if the number of new co-op fund securities acquired, when aggregated with other new co-op fund securities and co-operative shares held by new co-op at the time of the acquisition, exceeds 5% of all co-operative shares issued by new co-op, excluding any co-operative shares deemed to be cancelled under section 66(1) of the Companies Act 1993 or section 161C(3)
6: Within 10 working days after the acquisition of new co-op fund securities, the board of new co-op must ensure that notice of the acquisition is delivered to each registered market on which co-operative shares are listed.
7: If the board of new co-op fails to comply with subsection (6), every director of new co-op commits an offence as if the board of new co-op had failed to comply with section 58(3) of the Companies Act 1993.
8: If new co-op acquires or proposes to acquire new co-op fund securities, sections 60(3) to (7), 61(1) to (6) and (8) to (10), 62, 63 (except subsection (3A)), 64, 65 (except subsections (2)(a) and (2B)), and 67 of the Companies Act 1993 apply as if—
a: a reference to a company or the company were a reference to new co-op:
b: a reference to the board were a reference to the board of new co-op:
c: under subsection (1) to acquire new co-op fund securities under this section
d: under section 60(1)(b)(ii) to acquire new fund co-op securities under section 60
e: a reference to shares in the following provisions were a reference to new co-op fund securities:
i: section 60(3)(b):
ii: section 60(3)(c)(ii):
iii: section 60(6) (except paragraph (c)(i)):
iv: section 61(1)(b):
v: section 61(4):
vi: section 61(8)(b):
vii: section 62(b):
viii: section 63(1) (except paragraph (d)(i)):
ix: section 63(4):
x: section 63(5) (except paragraph (c)(i)):
xi: section 63(8)(b):
xii: section 64:
xiii: section 65 (except subsection (1)(a)(iii)(A) and the third reference to shares in subsection (1)(b)):
xiv: section 67:
f: a reference to shares in the following provisions were a reference to co-operative shares:
i: section 60(3)(c)(i):
ii: section 60(6)(c)(i):
iii: section 63(1)(d)(i):
iv: section 63(5)(c)(i):
v: section 65(1)(a)(iii)(A):
vi: the third reference to shares in section 65(1)(b):
g: a reference to shareholders in the following provisions were a reference to holders of new co-op fund securities:
i: section 60(3)(c):
ii: section 60(6)(c):
iii: section 62(a):
iv: section 63(1) (except paragraphs (b) and (c)):
v: section 63(5)(c):
vi: section 65(1)(a)(iii):
h: a reference to a shareholder, shareholders, or remaining shareholders in the following provisions were a reference to shareholders of new co-op:
i: section 61(1), (4), and (8):
ii: section 63(1)(b) and (c):
iii: section 63(5) (except paragraph (c)):
iv: section 63(8):
v: section 65(1)(a)(i):
vi: section 65(2A):
i: a reference to a shareholder in the following provisions were a reference to a shareholder of new co-op and a holder of new co-op fund securities:
i: section 61(5) and (6):
ii: section 63(6) and (7):
j: a reference to a reasonable shareholder in sections 62(c) and 64(1)(d) were a reference to a reasonable shareholder of new co-op and a reasonable holder of new co-op fund securities:
k: Without limiting sections 60 and 61,
l: the first reference to the board of the company in section 65(1) were a reference to new co-op and the subsequent reference to it in that section were a reference to the board of new co-op:
m: from its shareholders
n: the reference in section 65(2) to each stock exchange on which the shares of the company are listed were a reference to each registered market on which co-operative shares are listed and each registered market on which new co-op fund securities are listed:
o: in the same class
p: its
q: a reference to stock exchange were a reference to registered market.
161C: New co-op may exchange new co-op fund securities for co-operative shares
1: New co-op may acquire co-operative shares by exchanging new co-op fund securities it has acquired in accordance with section 161B
2: Nothing in section 58(1) of the Companies Act 1993 prevents the acquisition of co-operative shares under subsection (1) and section 58(2) of that Act does not apply to co-operative shares so acquired.
3: Subject to subsection (4), co-operative shares acquired under this section are deemed to be cancelled immediately on acquisition.
4: Co-operative shares acquired under this section are not deemed to be cancelled immediately on acquisition if—
a: the constitution of new co-op expressly permits new co-op to hold its own shares; and
b: the board of new co-op resolves that the co-operative shares concerned must not be cancelled on acquisition; and
c: the number of co-operative shares acquired, when aggregated with other co-operative shares held by new co-op pursuant to this section or section 67A of the Companies Act 1993 and new co-op fund securities held by new co-op pursuant to section 161B
5: Co-operative shares acquired under this section that, pursuant to this section, are not deemed to be cancelled must be held by new co-op.
6: A co-operative share that new co-op holds under subsection (5)
161D: Financial assistance by new co-op for purchase of co-operative shares
1: New co-op may give financial assistance for the purpose of, or in connection with, the purchase of a co-operative share if—
a: the financial assistance is given in relation to the establishment and operation of—
i: the registered market on which co-operative shares are able to be traded by shareholding farmers; or
ii: the new co-op fund; and
b: the financial assistance is given to any of the following:
i: a custodian of co-operative shares:
ii: a holder of shares in a custodian of co-operative shares:
iii: a market maker in co-operative shares:
iv: a broker or other agent in relation to the trading of co-operative shares or new co-op fund securities:
v: a trustee or manager of the new co-op fund:
vi: any other service provider; and
c: the board of new co-op has previously resolved that—
i: new co-op should provide the assistance; and
ii: the giving of the assistance is in the best interests of new co-op; and
iii: the terms and conditions under which the assistance is given are fair and reasonable to new co-op.
2: The Companies Act 1993, excluding section 76(1) and (2) of that Act, applies with all necessary modifications to the giving of financial assistance under subsection (1) as if the financial assistance were given under section 76(1) of that Act.
3: Nothing in this section affects the giving of financial assistance by new co-op under section 76(1) of the Companies Act 1993.
161E: Application of Companies Act 1993
Nothing in section 82 of the Companies Act 1993 (the Act
17: New section 161F inserted (Application of section 20(2) and (3) of Co-operative Companies Act 1996)
Before section 162
161F: Application of section 20(2) and (3) of Co-operative Companies Act 1996
Section 20(2) and (3) of the Co-operative Companies Act 1996 do not apply to new co-op.
18: Other amendments to principal Act
Amend the principal Act as set out in the Schedule
2: Miscellaneous
19: References are references to principal Act
In sections 20 21
a: new section 109A new section 109B principal Act section 7
b: all other section references are references to the principal Act
20: Transitional provision for application under section 73 or 74 of principal Act
1: This section applies to every application that—
a: must be accepted under section 73 section 74(3)
b: is made before the date specified in the Order in Council under new section 109B
c: is made in respect of the next season following the date specified in the Order in Council.
2: Despite new sections 109A and 109B
a: section 77(4)
b: section 81(1)
c: section 82(1)
d: sections 83 to 85
e: section 88(1)
f: sections 90 to 93
21: Transitional provision for notice of withdrawal under section 97 of principal Act
1: This section applies to every notice of withdrawal under section 97
a: given before the date specified in the Order in Council under new section 109B
b: given in respect of the next season following the date specified in the Order in Council.
2: Despite new sections 109A and 109B
a: section 98(1)
b: section 99
c: sections 101 to 105
22: Consequential amendments to Dairy Industry Restructuring (Raw Milk) Regulations 2001
1: This section amends the Dairy Industry Restructuring (Raw Milk) Regulations 2001
2: In regulation 6(1) interconnected body corporate interconnected body
3: In regulation 7(1) interconnected body corporate interconnected body
4: In regulation 11(3) interconnected bodies corporate interconnected bodies
5: In regulation 11(4) interconnected bodies corporate interconnected bodies 2012-07-27 Dairy Industry Restructuring (Raw Milk) Regulations 2001


1: Title
This Act is the Maraeroa A and B Blocks Claims Settlement Act 2012.
2: Commencement
This Act comes into force on the date on which it receives the Royal assent.
1: Preliminary matters and settlement of historical claims
1: Purpose of Act
3: Purpose
The purpose of this Act is—
a: to give effect to the deed of settlement, which is a deed that settles the historical claims that relate to the Maraeroa A and B blocks, dated 12 March 2011 and signed by—
i: the Honourable Christopher Finlayson, the Minister for Treaty of Waitangi Negotiations, the Honourable Simon William English, the Minister of Finance, and the Honourable Tariana Turia, Member of Parliament Te Tai Hauauru, on behalf of the Crown; and
ii: the following signatories:
A: Brian Stanley:
B: Phillip Ngawhira Crown:
C: Wayne Glen Hoani Katu:
D: Deborah Taongahuia Alison Joan Maxwell:
E: Tutahanga Eric Kakenga Tepu:
F: Edward Periwiritua Emery Moana:
G: Thomas Tame Tuwhangai; and
b: to record the acknowledgements and apology offered to the descendants of the original owners of the Maraeroa A and B blocks by the Crown in the deed of settlement.
4: Act binds 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: This Part—
a: sets out the purpose of this Act, records the acknowledgements and apology given by the Crown to the descendants of the original owners of the Maraeroa A and B blocks in the deed of settlement, and specifies that the Act binds the Crown; and
b: defines terms used in this Act, including key terms such as settling group and historical claims; and
c: provides that the settlement of the historical claims is final; and
d: provides for—
i: the effect of the settlement 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
3: Part 2
a: cultural redress for which vesting of land is not required; and
b: the properties that are vested in the Maraeroa A and B Blocks Incorporation as cultural redress properties and provisions relevant to the vesting of those properties.
4: Part 3
5: Part 4
6: Part 5
7: The schedules—
a: describe the statutory areas ( see Schedule 1
b: describe the overlay site ( see Schedule 2
c: describe the cultural redress properties ( see Schedule 3 Section 5(2)(d)(iv) amended 30 January 2021 section 161 Trusts Act 2019 The Crown's acknowledgements and apology
6: Acknowledgements and apology
1: Sections 7 8
2: The acknowledgements and apology are to be read in conjunction with the account of the historical relations between the settling group and the Crown, recorded in part 2 of the deed of settlement and summarised in the Preamble of this Act.
7: The Crown's acknowledgements
1: The Crown acknowledges that—
a: in 1862 native land legislation was imposed on Māori landowners without consulting them; and
b: the native land laws facilitated Crown and private purchasing of Māori land; and
c: in 1887 the Native Land Court awarded Maraeroa to 149 individuals and that this decision was overturned, and when the block’s title was reheard in 1891 it was awarded to just over 450 individuals; and
d: some of the descendants of the original owners of the Maraeroa A and B blocks today consider that the boundary markers at Taporaroa and Ngā Turi o Hinetū, as fixed after the 1891 Native Land Court hearing, do not align with their traditional understanding of their locations and significantly decreased the size of Maraeroa.
2: The Crown acknowledges that—
a: the operation and impact of the native land laws, in particular the awarding of the Maraeroa A and B blocks to individuals, and enabling individuals to deal with that land without reference to iwi or hapū, made those lands more susceptible to partition, fragmentation, and alienation. This undermined traditional tribal structures of the iwi who resided on the Maraeroa A and B blocks that were based on collective tribal and hapū custodianship of the land; and
b: its failure to protect those collective tribal structures had a prejudicial effect on the owners of the Maraeroa A and B blocks and this was a breach of the Treaty of Waitangi
3: The Crown acknowledges that—
a: from 1884 to 1908 the Crown had a monopoly over purchasing from the Maraeroa A and B blocks; and
b: between 1895 and 1908 the Crown purchased the individual interests of most of the owners of the Maraeroa A and B blocks, totalling 90% of the 2 blocks, including the shares of over 20 minors; and
c: the surveys of Maraeroa became a charge upon the land, and some owners of the Maraeroa A and B blocks who did not wish to sell their lands had areas of land taken for payment for survey liens; and
d: surveys of the internal boundaries of the Maraeroa A and B blocks were not carried out in a timely manner, which would have limited the owners’ ability to use the land.
4: The Crown acknowledges that—
a: the Maraeroa A and B blocks contained significant areas of indigenous forest; and
b: the prices paid by the Crown for the Maraeroa A and B blocks did not appear to include the value of the indigenous timber on the land; and
c: the Crown and private parties benefited from the milling of the indigenous forests on the Maraeroa A and B blocks during the twentieth century; and
d: the milling of indigenous forest removed the habitat of indigenous species.
5: The Crown acknowledges that the alienation of the Maraeroa A and B blocks—
a: separated the descendants of the original owners of the Maraeroa A and B blocks from their wāhi tapu; and
b: undermined their cultural connection to the land; and
c: deprived them of the ability to access ngā wāhi kohinga kai, cultural resources, and materials for construction (such as raupo for building whare).
8: The Crown’s apology
1: The Crown profoundly regrets and unreservedly apologises to the descendants of the original owners of the Maraeroa A and B blocks for the impact of the native land laws, which led to the alienation of the majority of the Maraeroa A and B blocks. The loss of these lands undermined the social and traditional tribal structures of the people of the Maraeroa A and B blocks, their autonomy and ability to exercise customary rights and responsibilities, and their access to ngā wāhi kohinga kai, customary resources, and wāhi tapu.
2: The Crown seeks to atone for these wrongs and to begin the process of healing. The Crown hopes that this apology will mark the beginning of a new relationship with the descendants of the original owners of the Maraeroa A and B blocks that is based on mutual trust and co-operation.
2: Interpretation
9: 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.
10: Interpretation
In this Act, unless the context otherwise requires,— affected person section 2AA(2) attachments authorised person section 64(5) 69(5) 77(4) 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: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period starting on 25 December in any year and ending with 15 January in the following year; and
d: the days observed as the anniversaries of the provinces of Auckland and Wellington Commissioner of Crown Lands section 2 consent authority section 2(1) conservation area section 2(1) conservation document conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown forest land section 2(1 Crown forestry assets section 2(1) Crown forestry licence
a: has the meaning given in section 2(1)
b: in relation to the licensed land, means the licence described in the third column of the table in part 4 Crown forestry rental trust section 34 Crown forestry rental trust deed section 34 cultural redress property section 56 Schedule 3 date of the deed of settlement deed of settlement
a: means the deed of settlement referred to in section 3
b: includes—
i: the schedules and attachments; and
ii: any amendments to the deed, or to its schedules and attachments Director-General documents schedule effective date encumbrance forestry right Forestry Rights Registration Act 1983 forestry right holder freshwater fisheries management plan section 2(1) Heritage New Zealand Pouhere Taonga section 9 historical claims section 12 licensed land
a: means the land described as licensed land in part 4 of the property redress schedule; but
b: excludes—
i: all trees growing, standing, or lying on the land; and
ii: all improvements that have been—
A: acquired by a purchaser of the trees on that land; or
B: made, after the acquisition of the trees, by the purchaser or the licensee licensee licensor LINZ Maraeroa A and B Blocks Incorporation section 5 member of the settling group section 11(1) national park management plan section 2 overlay site section 37 property redress schedule protected site section 74 protection principles section 37 Registrar-General section 4 relevant consent authority representative entity
a: the trustees of the Maraeroa A and B Trust; and
b: the Maraeroa A and B Blocks Incorporation; and
c: any person (including any trust or trustee) acting for, or on behalf of,—
i: the collective group referred to in section 11(1)
ii: 1 or more members of the settling group; or
iii: 1 or more members of the whānau, hapū, or groups of individuals referred to in section 11(1) resource consent section 2(1) RFR deed RFR property settlement date settlement property
a: each cultural redress property; and
b: the licensed land; and
c: any RFR property Settlement Trust settling group section 11 statement of values section 37 statements of association section 22 statutory acknowledgement section 23 subpart 1 statutory area Schedule 1 trust deed of the Settlement Trust trustees unlicensed land Schedule 3 Section 10 business day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 10 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 10 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 10 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
11: Meaning of settling group
1: In this Act, settling group
2: For the purposes of subsection (1),—
a: a person is descended
i: birth:
ii: legal adoption:
iii: Māori customary adoption in accordance with the settling group’s tikanga (customary values and practices):
b: original owners of the Maraeroa A and B blocks
i: the persons awarded ownership of the Maraeroa block under judgments of the Native Land Court made on 26 March 1886 (as shown in the records of the court in the Taupō minute book, volume 5, folios 82 to 83) and 24 September 1887 (as shown in the Taupō minute book, volume 9, folio 277) and identified in an order of the Native Land Court made on 17 February 1887 (as shown in the records of the court in the Taupō minute book, volume 7, folio 60 and volume 9, folios 148 to 152); and
ii: the persons awarded ownership of the Maraeroa A and B blocks and its partitions under a judgment of the Native Land Court made on 22 September 1891 (as shown in the records of the court in the Taupō minute book, volume 28, folios 113 to 117) and identified in an order of the Native Land Court made on 12 December 1891 (as shown in the records of the court in the Taupō minute book, volume 28, folios 164, 165, and 169 to 176) and in subsequent amendments to that order.
12: Meaning of historical claims
1: In this Act, historical claims that relate to the Maraeroa A and B blocks
a: is, or 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 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.
2: In this Act, historical claims that relate to the Maraeroa A and B blocks
a: Wai 329—Te Rohe Pōtae lands claim:
b: Wai 575—Ngāti Tūwharetoa comprehensive claim:
c: Wai 630—Ngāti Rereahu Rohe claim:
d: Wai 729—Rangitoto Tuhua Rohe claim:
e: Wai 1137—Te Rohe Pōtae claim:
f: Wai 1138—Waipā River claim:
g: Wai 1230—Ngāti Huru claim:
h: Wai 1309—Ngāti Te Ihingarangi claim:
i: Wai 1435—Mahuta Hapū land and resource claim:
j: Wai 1599—Ngāti Rereahu claim:
k: Wai 1640—Ngāti Whakatere ki te Tonga claim:
l: Wai 1704—Ngāti Rereahu claim:
m: Wai 1894—Ngāti Rereahu claim.
3: However, historical claims that relate to the Maraeroa A and B blocks
a: a claim that the settling group or a representative acting for or on behalf of its members (including the trustees) may have that is, or is founded on, a right arising in relation to land other than the Maraeroa A and B blocks; or
b: Wai 389 and Wai 443.
4: To avoid doubt, subsection (1) is not limited by subsection (2).
13: Governance framework
1: The settling group’s post-settlement governance framework comprises—
a: the Settlement Trust; and
b: the Maraeroa A and B Blocks Incorporation.
2: The settling group may change the post-settlement governance framework by—
a: making changes to the trust deed of the Settlement Trust in accordance with that trust deed; or
b: making changes to the constitution of the Maraeroa A and B Blocks Incorporation as set out in attachment 8 of the documents schedule.
3: Settlement of historical claims
Historical claims settled and jurisdiction of courts, etc, removed
14: Settlement of historical claims final
1: The historical claims that relate to the Maraeroa A and B blocks are settled.
2: The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
3: Subsections (1) and (2) do not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.
4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the deed of settlement; or
c: this Act; or
d: the redress provided under the deed of settlement or this Act.
5: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body to interpret or implement the deed of settlement or this Act. 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: Schedule 3 Maraeroa A and B Blocks Claims Settlement Act 2012, section 14(4) and (5) 2012-07-31 Treaty of Waitangi Act 1975 Protections no longer apply
16: Certain enactments cease to apply
1: Nothing in the enactments listed in subsection (2) applies—
a: to a settlement property; or
b: for the benefit of the settling group or a representative entity.
2: The enactments are—
a: Part 3
b: sections 568 to 570
c: Part 3
d: sections 27A to 27C
e: sections 8A to 8HJ Section 16(2)(b) replaced 1 August 2020 section 668 Education and Training Act 2020
17: Removal of memorials from settlement properties
1: The chief executive of LINZ must issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—
a: all, or part, of a settlement property; and
b: contained in a certificate of title or computer register that has a memorial entered under any enactment referred to in section 16(2)
2: The chief executive of LINZ must issue the certificate as soon as is reasonably practicable after the settlement date.
3: Each certificate must state that it is issued under this section.
4: As soon as is reasonably practicable after receiving the certificate, the Registrar-General must—
a: register the certificate against each certificate of title or computer register identified in the certificate; and
b: cancel, in respect of each allotment identified in the certificate, each memorial that is entered (in accordance with any enactment referred to in section 16(2)
4: Miscellaneous matters
18: 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: prescribe or restrict the period during which—
i: the Settlement Trust may exist in law; or
ii: the trustees, in their capacity as trustees, may hold or deal with property (including income derived from property); or
b: 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 Settlement Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) Section 18 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 18(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 18(2) amended 30 January 2021 section 161 Trusts Act 2019
19: Timing of actions or matters
1: Actions or matters occurring under this Act occur or take effect on and from the settlement date.
2: However, if a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on and from that other date.
20: Access to deed of settlement
The chief executive of the Ministry of Justice must make copies of the deed of settlement available—
a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any business day; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
2: Cultural redress
The Crown not excluded from providing other redress
21: The Crown may provide redress to other persons
1: The provision of the specified cultural redress does not prevent the Crown from doing anything that is consistent with that cultural redress, including—
a: providing the same or similar redress to a person other than the trustees of the Maraeroa A and B Trust; or
b: disposing of land.
2: However, subsection (1)
3: In this section, specified cultural redress
a: the statutory acknowledgements; and
b: the overlay classification.
1: Statutory acknowledgements
22: Interpretation
In this subpart, unless the context otherwise requires,— river or stream
a: means—
i: a continuously or intermittently flowing body of fresh water, including a modified watercourse; and
ii: the bed of that river or stream; but
b: does not include—
i: a part of the bed of the river or stream that is not owned by the Crown; or
ii: land that the waters of the river or stream do not cover at its fullest flow without overlapping its banks; or
iii: an artificial watercourse; or
iv: a tributary flowing into the river or stream statements of association
a: made by the descendants of the original owners of the Maraeroa A and B blocks of their particular cultural, spiritual, historical, and traditional association with each statutory area; and
b: that, at the settlement date, are in the form set out in part 3 of the documents schedule.
23: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association.
24: Purposes of statutory acknowledgement
1: The only purposes of a statutory acknowledgement are to—
a: require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 25 to 27
b: require relevant consent authorities to provide summaries of resource consent applications or, as the case requires, copies of notices of applications, to the trustees in accordance with section 29
c: enable the trustees and any member of the settling group to cite a statutory acknowledgement as evidence of their association with the relevant statutory area, as provided for in section 30
2: This section does not limit sections 33 to 35 Section 24(1)(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
25: Relevant consent authorities to have regard to statutory acknowledgement
1: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to a statutory area in deciding, under section 95E
2: Subsection (1) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991
26: Environment Court to have regard to statutory acknowledgement
1: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in deciding, under section 274
2: Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991
27: 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 27 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
28: Recording statutory acknowledgement on statutory plans
1: On and from the effective date, a relevant consent authority must attach information recording a statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
2: The information attached to a statutory plan must include the relevant provisions of this Act in full, the descriptions of the statutory areas, and the statements of association.
3: The attachment of information to a statutory plan under this section is for the purpose of public information only, and the information is not—
a: part of the statutory plan, unless adopted by the relevant consent authority; or
b: subject to the provisions of Schedule 1
29: Provision of information about resource consent applications to trustees
1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide to the trustees the following for each resource consent application for an activity within, adjacent to, or that directly affects a statutory area:
a: a summary of the application, if the application is received by the consent authority; or
b: a copy of the notice served under section 145(10)
2: The information provided under subsection (1)(a) must be—
a: the same as would be given to an affected person under section 95B
b: provided—
i: as soon as is reasonably practicable after an application is received by the relevant consent authority; and
ii: before the relevant consent authority decides under section 95
3: A copy of the notice given under subsection (1)(b) must be provided not later than 10 business days after the day on which the consent authority receives the notice.
4: The trustees 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 it applies for.
5: This section does not affect the obligation of a relevant consent authority to decide,—
a: under section 95
b: under section 95E
30: Use of statutory acknowledgement
The trustees and any member of the settling group may, as evidence of their association with a statutory area, cite the statutory acknowledgement that relates to that area in submissions or proceedings concerning activities within, adjacent to, or that directly affect the statutory area and that are made to or before—
a: the relevant consent authorities; or
b: the Environment Court; or
c: Heritage New Zealand Pouhere Taonga
d: the Environmental Protection Authority or a board of inquiry under Part 6AA Section 30(c) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
31: Content of statement of association not binding
1: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—
a: the bodies and the court referred to in section 30
b: parties to proceedings before those bodies or that court; or
c: any other person who is entitled to participate in those proceedings.
2: Despite subsection (1), the statutory acknowledgement may be taken into account by the bodies, court, and persons specified in that subsection.
32: Other association with statutory area
To avoid doubt,—
a: neither the trustees nor members of the settling group are precluded from stating that they have an association with a statutory area that is not described in the statutory acknowledgement; and
b: the content and existence of the statutory acknowledgement do not limit any statement made.
33: Exercise of powers and performance of duties and functions
1: A statutory acknowledgement does not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw.
2: No person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of the settling group with a statutory area (as described in a statement of association) than that person would give if there were no statutory acknowledgement for the statutory area.
3: Subsections (1) and (2) apply except as expressly provided in this subpart.
4: Subsection (2) does not affect the operation of subsection (1).
34: Rights not affected
Except as expressly provided in this subpart, a statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.
35: Limitation of rights
Except as expressly provided in this subpart, a statutory acknowledgement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.
36: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: Schedule 11 Maraeroa A and B Blocks Claims Settlement Act 2012 2012-07-31 Resource Management Act 1991
2: Overlay classification and geographic names
Overlay classification
37: Interpretation
In this subpart, unless the context otherwise requires,— Conservation Board section 6L New Zealand Conservation Authority section 6A overlay classification sections 38 to 51 overlay site
a: means the site that is declared under section 38
b: does not include an area that is declared under section 49(1) protection principles section 40(3) statement of values
a: of the values the descendants have relating to their traditional, cultural, spiritual, and historical association with the overlay site; and
b: that is in the form set out in part 1 of the documents schedule at the settlement date values
38: Declaration and acknowledgement of overlay classification
1: The site described in Schedule 2
2: The Crown acknowledges the statement of values by the descendants of the original owners of the Maraeroa A and B blocks in relation to the overlay site.
39: Purposes of overlay classification
1: The purposes of the overlay classification are—
a: to require the New Zealand Conservation Authority and relevant Conservation Boards to have particular regard to the statement of values, the protection principles, and the views of the trustees, as provided for in section 41
b: to require the New Zealand Conservation Authority to give the trustees an opportunity to make submissions, as provided for in section 41(3)
c: to require or enable the taking of action under sections 42 to 47
2: This section does not limit sections 50 and 51
40: Agreement on protection principles
1: The trustees and the Crown may agree on and publicise protection principles that are directed at the Minister of Conservation—
a: avoiding harm to the values of the descendants of the original owners of the Maraeroa A and B blocks in relation to the overlay site; or
b: avoiding the diminishing of the values of the descendants of the original owners of the Maraeroa A and B blocks in relation to the overlay site.
2: The protection principles set out in part 2 of the documents schedule at the settlement date are to be treated as having been agreed by the trustees and the Crown under subsection (1).
3: The protection principles may be amended—
a: by agreement in writing between the trustees and the Crown; or
b: by the Minister of Conservation, after consulting the trustees, to give effect to a deed of settlement with another claimant group with an interest in the overlay site.
41: Obligations on New Zealand Conservation Authority and Conservation Boards
1: When the New Zealand Conservation Authority or a Conservation Board considers a general policy or a conservation document, in relation to the overlay site, the Authority or Board must have particular regard to the statement of values and the protection principles for the site.
2: Before approving a general policy or a conservation document, in relation to the overlay site, the New Zealand Conservation Authority or a Conservation Board must—
a: consult the trustees; and
b: have particular regard to their views as to the effect of the policy or the conservation document on the statement of values and the protection principles for the site.
3: If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to the overlay site, the New Zealand Conservation Authority must, before approving the conservation management strategy, give the trustees an opportunity to make submissions to it in relation to those significant concerns.
42: Actions by Director-General
1: The Director-General must take action in relation to the protection principles, including the actions set out in paragraph 2 of part 2 of the documents schedule.
2: The Director-General retains complete discretion to determine the method and extent of the action to be taken under subsection (1)
3: The Director-General must notify the trustees in writing of the intended action under subsection (1).
4: If requested in writing by the trustees, the Director-General must not take the action in respect of the protection principles to which the request relates.
43: Amendment of conservation document
1: The Director-General may initiate an amendment of a conservation document to incorporate objectives for the protection principles that relate to the overlay site (including a recommendation to make regulations or bylaws).
2: The Director-General must consult relevant Conservation Boards before initiating an amendment under subsection (1).
3: An amendment initiated under subsection (1) is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
44: Notification in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the application of the overlay classification to the overlay site as soon as practicable after the settlement date; and
b: the protection principles applying to the overlay site as soon as practicable after the settlement date; and
c: any amendment under section 40(3)
2: The Director-General may notify in the Gazette section 42 43
45: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for the following purposes:
a: to provide for the implementation of objectives included in a conservation document under section 43(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to the overlay site:
c: to create offences for breaches of regulations made under paragraph (b):
d: to provide for the imposition of fines not exceeding $5,000 for offences referred to in paragraph (c) and, for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.
2: 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 45(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
46: Bylaws
1: The Minister of Conservation may make bylaws for any of the following purposes:
a: to provide for the implementation of objectives included in a conservation document under section 43(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to the overlay site:
c: to create offences for breaches of bylaws made under paragraph (b):
d: to provide for the imposition of fines not exceeding $1,000 for offences referred to in paragraph (c) and, for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.
2: Bylaws 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 46(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
47: Noting of overlay classification
1: The application of the overlay classification to the overlay site must be noted in conservation documents affecting the site.
2: The noting of the overlay classification under subsection (1) is—
a: for the purpose of public notice only; and
b: not an amendment to a strategy or plan for the purposes of section 17I section 46
48: Classification of overlay site
1: This section applies if the overlay classification applies to any land in—
a: a national park under the National Parks Act 1980
b: a conservation area under the Conservation Act 1987
c: a reserve under the Reserves Act 1977
2: The overlay classification does not affect—
a: the purpose of the national park, conservation area, or reserve; or
b: the classification of the land as a national park, conservation area, or reserve.
49: Termination of overlay classification
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of the overlay site is no longer subject to the overlay classification.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
a: the trustees and the Minister of Conservation have agreed in writing that the overlay classification is no longer appropriate for the area concerned; or
b: the area concerned is disposed of by the Crown; or
c: the responsibility for managing the area concerned is transferred to a different Minister of the Crown or the Commissioner of Crown Lands.
3: Subsection (4) applies if—
a: subsection (2)(c) applies; or
b: there is a change in the statutory management regime that applies to all or part of the overlay site.
4: The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of the site or the area concerned through negotiation between the trustees and—
a: the Minister responsible for the new statutory management regime; or
b: the Commissioner of Crown Lands; or
c: another responsible official.
5: The parties to the deed of settlement acknowledge and confirm that a declaration that all or part of the site is no longer subject to the overlay classification does not affect the significance of the site to the settling group.
6: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 49(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
50: Exercise of powers, and performance of duties and functions
1: Section 38
2: A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the values, or the statement of values, that relate to the overlay site than the person would give if the site were not subject to the overlay classification.
3: Subsection (2) does not limit subsection (1).
4: This section applies subject to the other provisions of this subpart.
51: Rights not affected
1: Section 38
a: affect the lawful rights or interests of a person who is not a party to the deed of settlement; or
b: have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, an overlay site.
2: This section applies subject to the other provisions of this subpart. Geographic names
52: Interpretation
In sections 53 to 55 new official geographic name
a: means the name to which the existing geographic name is altered under section 53(1)
b: includes any alteration to a new official geographic name under section 55 New Zealand Geographic Board section 7
53: New official geographic names
1: The existing official geographic names in the first column of the table set out in part 3 of the attachments at the settlement date are altered to the new official geographic names set out opposite them in the second column of that table.
2: The alterations made by subsection (1) are to be treated as having been made by the New Zealand Geographic Board in accordance with the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
54: Publication of new official geographic names
1: The New Zealand Geographic Board must, as soon as practicable after the settlement date, comply with section 21(2) and (3) section 53
2: Geographic names altered under section 53 55 Gazette
55: Alteration of new official geographic names
1: The New Zealand Geographic Board may, with the consent of the trustees, alter—
a: any new official geographic name; or
b: any of its related information.
2: Sections 53 54
3: The power conferred by subsection (1) to alter a new geographic name or any of its related information replaces any power to do so under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
3: Cultural redress requiring vesting of land
56: Interpretation
In this Act, cultural redress property Schedule 3 Sites that vest in fee simple
a: Nga Herenga:
b: Koromiko: Sites that vest in fee simple subject to conservation covenant
c: Kotukunui:
d: Pikiariki:
e: Waimiha Kei Runga:
f: Whareana. Sites vesting in fee simple
57: Nga Herenga
1: Nga Herenga ceases to be part of the Pureora Conservation Park.
2: Nga Herenga ceases to be a conservation area under the Conservation Act 1987
3: The fee simple estate in Nga Herenga vests in the Maraeroa A and B Blocks Incorporation.
58: Koromiko
1: Koromiko ceases to be part of the Pureora Conservation Park.
2: Koromiko ceases to be a conservation area under the Conservation Act 1987
3: The fee simple estate in Koromiko vests in the Maraeroa A and B Blocks Incorporation.
4: The Maraeroa A and B Blocks Incorporation must provide to the Crown a registrable right of way easement in gross over the area shown as A
5: Subsections (1) to (3) apply subject to subsection (4). Sites vesting in fee simple subject to conservation covenant
59: Kotukunui
1: Kotukunui ceases to be part of the Pureora Conservation Park.
2: Kotukunui ceases to be a conservation area under the Conservation Act 1987
3: The fee simple estate in Kotukunui vests in the Maraeroa A and B Blocks Incorporation.
4: The Maraeroa A and B Blocks Incorporation must provide to the Crown—
a: a registrable covenant in relation to the part of Kotukunui shown as Y
b: a registrable right of way easement in gross over the areas shown as C D
c: a registrable easement in gross for a right to convey electricity, telecommunications, and computer media over the area shown as D
5: Subsections (1) to (3) apply subject to subsection (4)
6: The covenant provided under subsection (4)(a) is to be treated as a conservation covenant for the purposes of section 77
60: Pikiariki
1: Pikiariki ceases to be part of the Pureora Conservation Park.
2: Pikiariki ceases to be a conservation area under the Conservation Act 1987
3: The fee simple estate in Pikiariki vests in the Maraeroa A and B Blocks Incorporation.
4: The Maraeroa A and B Blocks Incorporation must provide to the Crown a registrable covenant in relation to those parts of Pikiariki shown as X Y Z
5: Subsections (1) to (3) apply subject to subsection (4).
6: The covenant provided under subsection (4) is to be treated as a conservation covenant for the purposes of section 77
61: Waimiha Kei Runga
1: Waimiha Kei Runga ceases to be Crown forest land and any Crown forestry assets associated with that land cease to be Crown forestry assets.
2: The fee simple estate in Waimiha Kei Runga vests in the Maraeroa A and B Blocks Incorporation.
3: The Maraeroa A and B Blocks Incorporation must provide to the Crown—
a: a registrable covenant in relation to those parts of Waimiha Kei Runga shown as CA CB CC CD CE CF CG CH CI CJ CK CL CM CN
b: a registrable right of way easement in gross over the area shown as RK
c: a registrable right of way easement in gross over the areas shown as RE RF RG RH RI RJ
d: a registrable right of way easement in gross over the areas shown as BA BB BC BD BE BF RB RF RI
e: a registrable right of way easement in gross over the areas shown as G RA RB RD
4: Subsections (1) and (2) apply subject to subsection (3).
5: The Minister of Conservation must provide to the Maraeroa A and B Blocks Incorporation a registrable right of way easement over the areas shown as RC A AA AB AC AD C D B BA BB E F
6: The covenant provided under subsection (3)(a) is to be treated as a conservation covenant for the purposes of section 77
62: Whareana
1: Whareana ceases to be part of the Pureora Conservation Park.
2: Whareana ceases to be a conservation area under the Conservation Act 1987
3: The fee simple estate in Whareana vests in the Maraeroa A and B Blocks Incorporation.
4: The Maraeroa A and B Blocks Incorporation must provide to the Crown—
a: a registrable covenant in relation to that part of Whareana shown as Z
b: a registrable easement in gross for a right to convey electricity, telecommunications, and computer media over the areas shown as E F
5: Subsections (1) to (3) are subject to subsection (4).
6: The covenant provided under subsection (4)(a) is to be treated as a conservation covenant for the purposes of section 77 Provisions of general application to vesting of cultural redress properties
63: Properties vest subject to, or together with, encumbrances
Each cultural redress property vests under this subpart subject to, or together with, any encumbrances listed in relation to the property in the third column of Schedule 3
64: Registration of ownership
1: This section applies to the fee simple estate in a cultural redress property vested in the Maraeroa A and B Blocks Incorporation under this subpart.
2: The Registrar-General must, in accordance with a written application received from an authorised person,—
a: create a computer freehold register for the fee simple estate in a cultural redress property in the name of the Maraeroa A and B Blocks Incorporation; and
b: enter on the register any encumbrances that are registered, notified, or notifiable and that are described in the application; and
c: immediately after registration of any registrable encumbrances required as part of the vesting of the property, record on the register that the land is subject to section 83
3: Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.
4: A computer freehold register 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 Maraeroa A and B Blocks Incorporation and the Crown.
5: In this section, authorised person
a: the Director-General of the Ministry of Agriculture and Forestry, in the case of Waimiha Kei Runga; and
b: the Director-General, in all other cases.
65: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: The Registrar-General must record on the computer freehold register for a cultural redress property that the land is subject to Part 4A
3: Recording under subsection (2) that the land is subject to Part 4A section 24D(1)
66: Application of other enactments
1: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under this subpart; or
b: a matter incidental to, or required for the purpose of, that vesting.
2: 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.
3: The permission of a council under section 348
4: The Minister of Conservation may grant the easement referred to in section 61(5)
5: The easement granted under subsection (4)—
a: is registrable under section 17ZA(2)
b: is enforceable in accordance with its terms despite Part 3B
c: is to be treated as having been granted in accordance with Part 3B
67: Application of New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 to certain sites
1: If a site vested under this Part, immediately before the vesting, comprised the whole of a reserve or conservation area and an official geographic name was assigned under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
a: that official geographic name is discontinued; and
b: the Board must ensure that, as soon as is reasonably practicable, the official geographic name is removed from the Gazetteer.
2: However, if a site vested under this Part comprises only part of a reserve or conservation area to which an official geographic name has been assigned,—
a: subsection (1)(a) applies only to the part of the site that is vested under this Part; and
b: the Board must amend the Gazetteer so that the official geographic name applies only to the part of the reserve or conservation area that is not vested under this Part.
3: In this section,— Board section 7 Gazetteer official geographic name section 4
3: Commercial redress
68: The Crown may transfer property
1: To give effect to the deed of settlement, the Crown (acting by and through the chief executive of LINZ) is authorised to do 1 or both of the following:
a: transfer the fee simple estate in the licensed land to the Maraeroa A and B Blocks Incorporation:
b: sign a transfer instrument or other document, or do anything else necessary to effect the transfer.
2: In exercising the powers under subsection (1), the Crown is not required to comply with any other enactment that would regulate or apply to a transfer of the licensed land.
3: Subsection (2) is subject to section 70(3)(a) and (b)(i) and (ii)
69: Registrar-General to create computer freehold register
1: The Registrar-General must, in accordance with a written application by an authorised person,—
a: create a computer freehold register in the name of the Crown for the fee simple estate in the licensed land to be transferred to the Maraeroa A and B Blocks Incorporation; and
b: record on the computer freehold register any encumbrances that are registered, notified, or notifiable and that are described in the written application; but
c: omit any statement as to the purpose for which the Crown holds the property.
2: Subsection (1) is subject to the completion of any survey necessary to create a computer freehold register.
3: The authorised person may grant a covenant for the later creation of a computer freehold register for the licensed land that is to be transferred to the Maraeroa A and B Blocks Incorporation.
4: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register a covenant (as provided for in subsection (3)) under the Land Transfer Act 1952
b: the Registrar-General must register the covenant in accordance with paragraph (a).
5: In this section, authorised person
70: Application of other enactments
1: This section applies to the transfer to the Maraeroa A and B Blocks Incorporation of the licensed land.
2: Section 11 Part 10
a: the transfer of the licensed land; or
b: a matter incidental to, or required for the purpose of, that transfer.
3: The transfer of the licensed land—
a: is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
b: does not—
i: limit section 10 11
ii: affect other rights to subsurface minerals; or
iii: require the permission of a council under section 348
71: Licensed land ceases to be Crown forest land
1: The licensed land ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the Maraeroa A and B Blocks Incorporation.
2: However, although the licensed land does not cease to be Crown forest land until the transfer of the fee simple estate in the land to the Maraeroa A and B Blocks Incorporation is registered, neither the Crown nor any court or tribunal may do any thing, or omit to do any thing, if that act or omission would, between the settlement date and the date of registration, be consistent with the Crown Forest Assets Act 1989
72: Trustees are confirmed beneficiaries
1: Despite sections 68 to 71
2: The effect of subsection (1) is that—
a: the trustees of the Settlement Trust are entitled to the rental proceeds payable since the commencement of the Crown forestry licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees of the Settlement Trust are the confirmed beneficiaries.
3: The Crown must give notice under section 17(4)(b) section 8HB(1)(a)
4: Notice given by the Crown under subsection (3) has effect as if—
a: the Waitangi Tribunal had made a recommendation under section 8HB(1)(a)
b: the recommendation had become final on the settlement date.
5: The Maraeroa A and B Blocks Incorporation is the licensor under the Crown forestry licence as if the licensed land had been returned to Māori ownership—
a: on the settlement date; and
b: under section 36
6: However, section 36(1)(b)
73: Effect of transfer of licensed land
1: Section 72
a: the transfer of the fee simple estate in the licensed land has been registered; or
b: the processes described in clause 17.4 of the Crown forestry licence have been completed.
2: To the extent that the Crown has not completed the processes referred to in subsection (1)(b) before the settlement date, it must continue those processes—
a: after the settlement date; and
b: until the processes are completed.
3: For the period from the settlement date until the completion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the land is the amount calculated in the manner described in paragraph 5.23 of part 5 of the property redress schedule.
4: With effect from the settlement date, the references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the settlement licensed land, be read as if they were references to the Maraeroa A and B Blocks Incorporation.
4: Access to protected sites
74: Meaning of protected site
In this Part, protected site
a: is wāhi tapu or a wāhi tapu area within the meaning of section 6
b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero (as defined in section 6 Section 74(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 74(b) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
75: Right of access to protected sites
1: The owner of the land on which a protected site is situated and any person holding an interest in, or a right of occupancy to, that land must allow access across the land to each protected site to Māori for whom the protected site is of special spiritual, cultural, or historical significance.
2: The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.
3: The right of access is subject to the following conditions:
a: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and
b: the right of access may be exercised only at reasonable times and during daylight hours; and
c: a person exercising the right of access must observe any reasonable conditions imposed by the owner relating to the time, location, or manner of access as are reasonably required—
i: for the safety of people; or
ii: for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
iii: for operational reasons.
76: Right of access subject to Crown forestry licence
1: The right of access conferred by section 75
a: any Crown forestry licence; and
b: any registered forestry right over the unlicensed land—
i: granted before the settlement date; or
ii: granted on or after the settlement date under a right of renewal contained in a registered forestry right granted before the settlement date.
2: However, subsection (1) does not apply where the licensee or forestry right holder has agreed to an exercise of the right of access.
3: An amendment to a Crown forestry licence or registered forestry right will be of no effect to the extent that it purports to—
a: delay the date from which a person who has a right of access under section 75
b: otherwise adversely affect the right of access.
77: Notation on computer freehold register
1: The Registrar-General must, in accordance with a written application by an authorised person, record on the computer freehold register for the licensed land or the unlicensed land that the land is, or may at any future time be, subject to section 75
2: An application must be made as soon as is reasonably practicable after the settlement date.
3: However, if a computer freehold register has not been created by the settlement date, an application must be made as soon as is reasonably practicable after the register has been created.
4: In this section, authorised person
a: the Director-General of the Ministry of Agriculture and Forestry, for the unlicensed land:
b: the chief executive of LINZ, for the licensed land.
5: Provisions relating to jurisdiction of Māori Land Court and protected land
78: Interpretation
In this Part, unless the context otherwise requires,— court descendant section 11 governance entity long-term lease
a: for a term of more than 52 years; or
b: for a term that would be more than 52 years if 1 or more rights of renewal were exercised protected land
a: land vested in or transferred to the Maraeroa A and B Blocks Incorporation under or in accordance with the deed of settlement; and
b: land subject to an order of the Māori Land Court under section 256(2)
1: Māori Land Court jurisdiction
79: Settlement Trust subject to jurisdiction of Māori Land Court
1: The Māori Land Court has and may exercise, in relation to the Settlement Trust, all the same powers and authorities that the High Court (whether by statute or by any rule of law or by virtue of its inherent jurisdiction) has in respect of trusts generally.
2: Nothing in subsection (1) limits or affects the jurisdiction of the High Court.
80: Enforcement of obligations
1: The court may at any time, on application by a descendant, require any trustee of the Settlement Trust to file in the court a written report, and to appear before the court for questioning on the report, or on any matter relating to the administration of the Settlement Trust or the performance of his or her duties as a trustee.
2: The court may at any time, in respect of any trustee of the Settlement Trust, enforce the obligations of his or her trust (whether by way of injunction or otherwise).
2: Sale, gift, or long-term lease of protected land
81: Capacity to sell, gift, or give long-term lease of protected land
1: Subject to section 83
2: Subsection (1) is subject to the other sections in this Part.
3: To avoid doubt, the trustees of the Settlement Trust and the Maraeroa A and B Blocks Incorporation have the capacity to dispose of any land other than protected land in a manner they see fit.
82: Right of first refusal for sale or gift
The governance entity, when seeking to sell or gift protected land, must give the first right of refusal to prospective purchasers or donees who are descendants, ahead of those who are not descendants.
83: Sale, gift, or long-term lease of protected land by governance entity
1: The governance entity must not sell, gift, or lease by way of a long-term lease the whole or any part of the protected land unless the sale, gift, or long-term lease, as the case may be, has been approved by the descendants.
2: For the purposes of subsection (1), a sale, gift, or long-term lease of protected land is approved by the descendants
84: Lodgement of instruments
1: Any instrument lodged to give effect to a sale, gift, or long-term lease must include a certificate given by the solicitor for the transferor or grantor certifying that the requirements of section 83
2: Any instrument lodged to give effect to a sale or gift to a transferee that is not the Maraeroa A and B Blocks Incorporation or the trustees of the Settlement Trust must include a request to the Registrar-General to remove the notation entered under section 64(2)(c)
3: On receiving a request to do so, the Registrar-General must remove the notation referred to in subsection (2).
3: Provisions relating to protected land
85: Application of other enactments
1: Except as provided in this Act, nothing in Te Ture Whenua Maori Act 1993
2: The protected land is deemed to be Māori freehold land for the purposes of the following (each of which applies to the protected land):
a: section 7
b: sections 102 108
c: Part 4
d: section 13B
e: section 30A
f: sections 18(1)(a) to (d) 19 20 26 137 138 140 141 142 342 344 346
g: section 27
86: Māori Land Court's jurisdiction
The Māori Land Court has and may exercise in respect of the protected land any jurisdiction conferred by this Act or under the provisions of any other Act referred to in section 85