Ngāi Tahu (Tūtaepatu Lagoon Vesting) Act 1998

Reprint
as at 15 May 1998

Crest

Ngāi Tahu (Tūtaepatu Lagoon Vesting) Act 1998

Public Act1998 No 16
Date of assent14 May 1998
Commencementsee section 1(2)

Note

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 Office of Treaty Settlements.


An Act to give effect to certain provisions of the Deed of On Account Settlement, signed on 14 June 1996 by the Crown and by Te Rūnanga o Ngāi Tahu as representative of Ngāi Tahu,—

  • (a) by vesting Tūtaepatu Lagoon in Te Rūnanga o Ngāi Tahu; and

  • (b) by providing for the establishment of a recreation reserve at Woodend

  • Preamble

    Whereas—

    • A Ngāi Tahu made claims against the Crown under the Treaty of Waitangi Act 1975, and those claims have been the subject of 2 reports of the Waitangi Tribunal, the 1991 Ngāi Tahu Report and the 1995 Ancillary Claims Report:

    • B since 1991 there have been a number of attempts by Ngāi Tahu and the Crown to reach a negotiated settlement of Ngāi Tahu's claims and to remove the sense of grievance felt by Ngāi Tahu:

    • C the Crown and Ngāi Tahu, wishing to recommence negotiations towards a comprehensive settlement of all claims made by or on behalf of Ngāi Tahu or hāpu, whānau, or individuals within Ngāi Tahu Whānui against the Crown pursuant to the Treaty of Waitangi Act 1975, have agreed to negotiate in good faith to achieve a settlement of all Ngāi Tahu's historical claims under the Treaty of Waitangi and Ngāi Tahu has agreed to an indefinite adjournment of certain litigation relating to the claims to allow those negotiations to take place:

    • D as a sign of good faith and as a demonstration of the Crown's goodwill, and in recognition of the long process of negotiation that has already taken place between the parties, the Crown has agreed to renew and modify an offer it made to Ngāi Tahu in 1994 to provide certain redress to Ngāi Tahu on an on account basis, and Ngāi Tahu has accepted that modified offer:

    • E Accordingly, on 14 June 1996, the Crown and Te Rūnanga o Ngāi Tahu as representative of Ngāi Tahu signed a Deed of On Account Settlement, in which the Crown agreed that it would present for the consideration of Parliament legislation to provide for—

      • (a) the revocation of the classification of the Tūtaepatu Lagoon as a Government purpose (wildlife management) reserve; and

      • (b) the vesting of the Tūtaepatu Lagoon in Te Rūnanga o Ngāi Tahu in fee simple free of any existing encumbrance, subject only to a public walkway under the New Zealand Walkways Act 1990 over the south-eastern corner of the lagoon and exempted from the marginal strip requirements of Part 4A of the Conservation Act 1987, such vesting to be by way of gift from the Crown; and

      • (c) the revocation of certain existing reserves and for the declaration, classification and vesting of a new recreation reserve conditional on the fulfilment of certain conditions; and

      • (d) the inclusion of the Tūtaepatu Lagoon in the management plan for the new reserve.

1 Short Title and commencement
  • (1) This Act may be cited as the Ngāi Tahu (Tūtaepatu Lagoon Vesting) Act 1998.

    (2) This Act comes into force on 1 June 1998.

Preliminary

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Council means the Waimakariri District Council constituted under the Local Government Act 1974

    Deed of “On Account” Settlement means the deed signed on 14 June 1996 by the Crown and by Te Rūnanga o Ngāi Tahu as representative of Ngāi Tahu

    Minister means the Minister of Conservation

    new reserve means the land described in Schedule 2

    Te Rūnanga o Ngāi Tahu means Te Rūnanga o Ngāi Tahu as established by section 6 of Te Runanga o Ngai Tahu Act 1996

    trust means the trust established under section 10

    Tūtaepatu Lagoon means the land described in Schedule 1.

3 Act to bind the Crown
  • This Act binds the Crown.

Tūtaepatu Lagoon

4 Reservation of Tūtaepatu Lagoon as reserve revoked
  • (1) The reservation of the Tūtaepatu Lagoon as a reserve under the Reserves Act 1977 is revoked.

    (2) The Reserves Act 1977 ceases to apply to the Tūtaepatu Lagoon on and from the commencement of this Act.

5 Declaration of Tūtaepatu Lagoon as wildlife refuge revoked
  • (1) Those parts of Schedules 2 and 3 that relate to the Woodend Lagoon published in the New Zealand Gazette (1957, Vol I, p 10) under the heading Amending Declaration of Land, North Canterbury Acclimatisation District, as a Wildlife Refuge are revoked.

    (2) The provisions of the Wildlife Act 1953 relating to wildlife refuges cease to apply to the Tūtaepatu Lagoon on and from the commencement of this Act.

6 Vesting of Tūtaepatu Lagoon in Te Rūnanga o Ngāi Tahu
  • (1) The Tūtaepatu Lagoon is vested, by way of gift, in Te Rūnanga o Ngāi Tahu for an estate in fee simple free of any encumbrances existing immediately before the commencement of this Act.

    (2) For the avoidance of doubt, the vesting of the Tūtaepatu Lagoon in Te Rūnanga o Ngāi Tahu by subsection (1) is not a disposition of land by the Crown for the purposes of Part 4A of the Conservation Act 1987.

7 Management of Tūtaepatu Lagoon
  • (1) As recorded in clause 4.6 of the Deed of On Account Settlement, Te Rūnanga o Ngāi Tahu intends that the future management of the Tūtaepatu Lagoon will be undertaken in accordance with the objectives set out in Appendix 3 of that deed or objectives substantially similar to them.

    (2) The objectives are included in Schedule 3.

    (3) Subsection (1) and the inclusion of the objectives in Schedule 3 do not give the objectives any greater status or force than they have in the Deed of On Account Settlement.

8 Tūtaepatu Lagoon subject to walkway
  • (1) Te Rūnanga o Ngāi Tahu must grant to the Crown a walkway over the south-eastern corner of the Tūtaepatu Lagoon.

    (2) The New Zealand Walkways Act 1990 (except sections 5, 6, 7, 8(1), 8(2), 8(8)(b), 11, 18, 20, 30, 31, and 32) applies to the walkway, including its establishment.

    (3) For the purposes of the New Zealand Walkways Act 1990, Te Rūnanga o Ngāi Tahu is the controlling authority of the walkway.

    (4) For the purposes of subsection (2), section 8(3) of the New Zealand Walkways Act 1990 must be read as if the words For the purposes of subsection (1) of this Act were omitted, and the words For the purposes of section 8 of the Ngāi Tahu (Tūtaepatu Lagoon Vesting) Act 1998 were substituted.

9 Issue of certificate of title for Tūtaepatu Lagoon
  • The District Land Registrar of the Canterbury Land Registration District must (after completion of such survey, if any, as may be necessary) issue a certificate of title under the Land Transfer Act 1952 to Te Rūnanga o Ngāi Tahu as registered proprietor of the Tūtaepatu Lagoon.

Establishment of trust

10 Establishment of trust
  • (1) The Council and Te Rūnanga o Ngāi Tahu must, not later than 3 months after the commencement of this Act, establish by deed a trust—

    • (a) the name of which is Te Kohaka o Tuhaitara Trust; and

    • (b) the object of which is the management and administration of the new reserve.

    (2) The deed establishing the trust must authorise the trustees of the trust to—

    • (a) hold, manage, and administer the new reserve; and

    • (b) expend money on the new reserve, the Tūtaepatu Lagoon, and the preparation and administration of the management plan for the new reserve.

    (3) As soon as the trust is established, the Council and Te Rūnanga o Ngāi Tahu must give to the Minister—

    • (a) notice of the establishment of the trust; and

    • (b) a certified copy of the deed establishing the trust.

New reserve

11 Declaration of recreation reserve
  • (1) The Council and Te Rūnanga o Ngāi Tahu must, not later than 3 months after the commencement of this Act,—

    • (a) agree on the boundaries of the new reserve; and

    • (b) notify the Minister of the boundaries as agreed.

    (2) The Minister must, not later than 6 months after the commencement of this Act, do the things specified in subsection (3) if the Minister—

    • (a) has been notified of the establishment of the trust under section 10(3); and

    • (b) is satisfied that the deed establishing the trust complies with section 10(2); and

    • (c) has been notified of the boundaries of the new reserve under subsection (1).

    (3) Those things are—

    • (a) declare, by notice in the Gazette, that the new reserve is a recreation reserve for the purposes of the Reserves Act 1977 with such name as the Minister determines; and

    • (b) appoint the trustees of the trust to be the administering body of the new reserve; and

    • (c) vest the new reserve in the trustees of the trust to hold and administer as a recreation reserve, and, subject to sections 12 and 13, to expend money in relation to the new reserve for the purposes specified in section 17 of the Reserves Act 1977.

    (4) The things done under subsection (3) have effect as if they had been done under the Reserves Act 1977.

12 Management plan
  • (1) The management plan prepared for the new reserve pursuant to section 41 of the Reserves Act 1977—

    • (a) must include the Tūtaepatu Lagoon; and

    • (b) may include such other land as the Council and Te Rūnanga o Ngāi Tahu agree on from time to time.

    (2) The Minister must consult with and have particular regard to the views of Te Rūnanga o Ngāi Tahu before approving that part of the management plan that relates to the Tūtaepatu Lagoon.

13 Application of Reserves Act 1977

Miscellaneous

14 Extension of time limits
  • (1) The time within which anything must be done under section 10 or section 11 may be extended (before or after the time has expired) by the Governor-General by Order in Council.

    (2) The power in subsection (1) may be exercised more than once in respect of the same time limit.

15 Amendment to Conservation Act 1987
  • Amendment(s) incorporated in the Act(s).


Schedule 1
Description of Tūtaepatu Lagoon

s 2

The piece of land containing 49.2357 hectares, more or less, being Rural Section 40464 in Block XII, Rangiora Survey District, on SO 13696, and being part of the land comprised and described in certificate of title No. 9A/1226 (Canterbury Land Registry).


Schedule 2
Description of new reserve

s 2

The pieces of land in the following recreation reserves:

  • (a) Kairaki Recreation Reserve—containing 106.4693 hectares, more or less, being all the land in Reserves 4059, 4472, 4482, and 5186, and Rural Section 41097:

  • (b) Waikuku Recreation Reserve—containing—

    • First, 52.4441 hectares, more or less, being all the land in areas A and B on SO 19762 in Blocks VIII and XII, Rangiora Survey District, and being part of the land comprised and described in certificate of title 9A/1225 Limited (Canterbury Land Registry):

    • Second, 62.3786 hectares, more or less, being all the land in areas C, D, E, F, and G on SO 19763 in Block VIII, Rangiora Survey District, and being part of the land comprised and described in certificate of title 9A/1225 Limited and in Gazette Notice 471870.1 (Canterbury Land Registry):

    • Third, 75.7576 hectares, more or less, being Rural Section 39925 on SO 11471 situated in Blocks VIII and XII, Rangiora Survey District, and being part of the land comprised and described in certificate of title 9A/1225 Limited (Canterbury Land Registry) and in part New Zealand Gazette 1925, page 1101:

  • (c) Woodend Recreation Reserve—containing 172.9478 hectares, more or less, being all the land in Reserve 5281, and Rural Sections 39897, 41088, 41089, and 41090:

  • (d) Recreation Reserve—containing 33.8468 hectares, more or less, being all the land in Part Reserve 4058 on SO 5813.


Schedule 3
Appendix 3 of the Deed of On Account Settlement

s 7

“Proposal for the Future Management of the Tūtaepatu Lagoon
  • 1. The Lagoon/wetlands will be included in the management plan for the new reserve. The Lagoon/wetlands will be appropriately restored and maintained for the benefit of present and future generations.

  • 2. Appropriate public access to the Lagoon/wetlands will be allowed except for those times when, after notification in the local newspaper, a rāhui is applied.

  • 3. Scientific research and observation of the flora and fauna will be actively encouraged by Te Rūnanga, with a particular emphasis on Ngāi Tahu's philosophy of sustainable management.

  • 4. The North Canterbury Fish and Game Council will have the opportunity to contribute its expertise.

  • 5. There will be no harvesting or taking or killing of native and introduced birds or their eggs in a manner which would be inconsistent with the role of the Lagoon in the management and maintenance of waterfowl and other birds in North Canterbury. Dogs will be prohibited.”


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Ngāi Tahu (Tūtaepatu Lagoon Vesting) Act 1998. The reprint incorporates all the amendments to the Act as at 15 May 1998, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)