New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 July 2003
| Public Act | 1997 No 84 |
| Date of assent | 14 November 1997 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Conservation.
1 Short Title and commencement
2 Interpretation of Act generally
5 Application of National Parks Act 1980 to Waitutu Block
6 Sale, lease, or other disposition of Waitutu Block
7 Purchase or lease of Waitutu Block by the Crown
8 Incorporation to be consulted about management of Waitutu Block
9 Incorporation to be consulted about conservation management strategies and conservation management plans under Conservation Act 1987
10 How consultation with Incorporation to be effected
11 Registration of deed of covenant
12 References to Incorporation in documents and registers under Land Transfer Act 1952
13 No further inquiries into claim by Incorporation to Waitangi Tribunal
15 Validity of deed of settlement and deed of covenant
17 Validity of certain actions of the Crown and Incorporation prior to commencement of this Act
18 Amendment to Conservation Act 1987
An Act—
(a) to give effect to certain provisions of a Deed of Settlement dated 8 March 1996 and entered into by The Proprietors of Waitutu Incorporated as owner of the Waitutu Block and the Crown and to a Deed of Covenant dated 29 March 1996 and entered into by The Proprietors of Waitutu Incorporated and the Crown; and
(b) by so doing, to provide for the Waitutu Block to be administered as a national park under the National Parks Act 1980 so as to preserve the natural flora and fauna for its intrinsic worth and for the benefit, use, and enjoyment of the owners of the land and the public of New Zealand; and
(c) to provide for related matters
Whereas:
A The Proprietors of Waitutu Incorporated (the Incorporation) is a Maori Incorporation duly constituted under Part 4 of the Maori Affairs Amendment Act 1967 and continued by section 357 of Te Ture Whenua Maori Act 1993:
B the Incorporation is, under the name Proprietors of Waitutu, the registered proprietor of the land described in Schedule 1 (the Waitutu Block):
C the Waitutu Block is close to the Fiordland National Park which is administered by the Minister of Conservation under the National Parks Act 1980 and is next to conservation areas managed under the Conservation Act 1987 by that Minister:
D the Crown and the Incorporation have agreed that the Waitutu Block contains virgin indigenous timber and other indigenous vegetation and wildlife which it is in the interest of both the Incorporation and the wider public of New Zealand to preserve and protect in perpetuity:
E the Incorporation had entered into a contract for valuable consideration for the cutting, removal, and sale of indigenous timber on the Waitutu Block:
F the Crown has negotiated with the Incorporation for the preservation and protection of the Waitutu Block in perpetuity and to recompense the Incorporation for the financial loss arising from forgoing the right to cut, remove, and sell the timber on the Waitutu Block:
G by a deed of settlement dated 8 March 1996, the Crown and the Incorporation have agreed, among other things,—
(a) that the Incorporation will continue to be the registered proprietor of the Waitutu Block; and
(b) that the Waitutu Block shall be managed by the Crown as if it were a national park subject to the exceptions set out in the deed of covenant referred to in paragraph (f) of this recital; and
(c) that, except as provided in the deed of covenant, neither the Crown nor the Incorporation shall cut or permit to be cut, or remove, indigenous trees or indigenous vegetation on the Waitutu Block; and
(d) for the provision of recompense by the Crown to the Incorporation as set out in the deed of settlement; and
(e) to the granting by the Crown to the Incorporation of rights to cut and remove indigenous trees on other land belonging to the Crown:
(f) to enter into a deed of covenant relating to the management of the Waitutu Block and an agreement granting to the Incorporation cutting rights over other lands belonging to the Crown, both the deed of covenant and the agreement being in the form annexed to the deed of settlement:
H the Crown and the Incorporation entered into a deed of covenant dated 29 March 1996 (a copy of which is set out in Schedule 2) whereby the Crown and the Incorporation mutually agreed and covenanted that the Crown would manage the Waitutu Block in perpetuity in accordance with the terms of the deed of covenant to preserve its flora and fauna in perpetuity for its intrinsic worth and for the benefit, use, and enjoyment of the owners of the land and the wider public of New Zealand as if it were a national park held and administered under the National Parks Act 1980, and that the provisions of that Act would apply to the Waitutu Block.
