Waikato Raupatu Claims Settlement Act 1995

Crown forest assets

26 Crown forest assets

  • (1) In this Act,—

    claimants means the claimants in respect of the Waitangi Tribunal claim registered as Wai 30, being Robert Te Kotahi Mahuta on behalf of himself and on behalf of the members of Waikato-Tainui, the members of the Tainui Maori Trust Board and Ngaa Marae Toopu

    Crown forestry licence means a licence granted under section 14 of the Crown Forest Assets Act 1989

    Crown Forestry Rental Trust and trust means the trust established under section 34 of the Crown Forest Assets Act 1989

    licensed land has the same meaning as in the Crown Forest Assets Act 1989

    Maramarua forest land means all those pieces of land situated in the Land Registration District of South Auckland containing together 5698.2000 hectares, more or less, being Lots 1 and 2, DP S56867, and Lot 1, DP S56868

    Onewhero forest land means all those pieces of land situated in the Land Registration District of South Auckland containing together 1074.1965 hectares, more or less, being Lot 1, DP S53139, Lot 1, DP S53140, Sections 1 and 2, Block X, Onewhero Survey District, and Section 6, Block XIII, Onewhero Survey District.

    (2) On the date on which this subsection comes into force,—

    • (a) the Waitangi Tribunal shall be deemed to have made a final recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 that the whole of the Onewhero forest land be returned to Maori ownership, subject to any relevant Crown forestry licence, by being transferred to the land holding trustee, but section 36(1)(b) of the Crown Forest Assets Act 1989 shall not apply; and

    (3) On the date on which this subsection comes into force,—

    • (a) the Waitangi Tribunal shall be deemed to have made a final recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 that the whole of the Maramarua forest land (or such part of the Maramarua forest land as is specified in the Order in Council bringing this subsection into force) be returned to Maori ownership, subject to any relevant Crown forestry licence, by being transferred to the land holding trustee, but section 36(1)(b) of the Crown Forest Assets Act 1989 shall not apply; and

    (4) On the date on which this subsection comes into force,—

    • (a) the Waitangi Tribunal shall be deemed to have made a final recommendation under section 8HB(1)(b) of the Treaty of Waitangi Act 1975 that all of the licensed land in the Waikato claim area, other than the Onewhero forest land and the Maramarua forest land, not be liable to return to Maori ownership; and

    (5) No Order in Council may be made bringing subsection (3) into force unless, in the opinion of the Minister,—

    • (a) a final recommendation has been made by the Waitangi Tribunal, or a final determination has been made by an appropriate judicial authority, on both the claim made by the claimants to the Maramarua forest land and the competing claim made by the Hauraki Maori Trust Board to the Maramarua forest land; or

    • (b) an agreement has been reached between the claimants and the Hauraki Maori Trust Board on both the claim made by the claimants to the Maramarua forest land and the claim made by the Hauraki Maori Trust Board to the Maramarua forest land.

    (6) The Order in Council bringing subsection (3) into force shall,—

    • (a) state whether the whole or part of the Maramarua forest land is to be transferred to the land holding trustee; and

    • (b) where only part of the Maramarua forest land is to be transferred to the land holding trustee, identify the part of that land that is to be so transferred.

    (7) Nothing in this section shall prejudice any right which Waikato may have to apply to the trustee of the Crown Forestry Rental Trust for payment of their costs for the preparation and presentation of their claim to the Maramarua forest land.