Ngāi Tahu Claims Settlement Act 1998

Reprint as at 20 May 2014

Coat of Arms of New Zealand

Ngāi Tahu Claims Settlement Act 1998

Public Act
1998 No 97
Date of assent
1 October 1998
Commencement
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Office of Treaty Settlements.

Contents

Title
Preamble
1Short Title and commencement
2Expiry
3Act to bind the Crown
4Apology
5Text in Māori
6Text in English
7Interpretation of Act generally
8Interpretation of terms
9Meaning of Ngāi Tahu and Ngāi Tahu Whānui
10Meaning of Ngāi Tahu claims
11Maori Reserved Land Act 1955
12Parts of speech and grammatical forms
13Purpose of this Part
14Interpretation
15Vesting of Aoraki/Mount Cook in Te Rūnanga o Ngāi Tahu
16Gift of Aoraki/Mount Cook by Te Rūnanga o Ngāi Tahu
17Certain laws not affected
18No gift duty
19Purpose of this Part
20Transfer and vesting of settlement properties
21Power of the Crown to acquire property compulsorily for purpose of settlement
22Purpose of this Part
23Hagley Nurses Home
24Christchurch Court
25Isle Street property
26Wanaka plantation
27Notice to Queenstown Lakes District Council
28Purpose of this Part
29Interpretation
30Land excluded from Fiordland National Park
31Purpose of this Part
32Interpretation
33Certain transfers and grants not subdivisions
34Transfer of Crown forest land to Ngāi Tahu recipient
35Crown forest land not transferred to Te Rūnanga o Ngāi Tahu
36Transfer of Aoraki forest land
37Transfer of Aoraki forest trees and improvements
38Disposition of Crown forest land
39Covenants to complete survey work
40Section 24H(6) of Conservation Act 1987 to apply
41Easements
42Delegation
43Purpose of this Part
44Interpretation
45Certain dispositions not subdivisions
46Issue of certificates of title
47Purpose of this Part
48Interpretation
49Relevant land not to be disposed of except in accordance with this Part
50Exceptions
51Notice of excepted transactions
52Preliminary notice
53Contents of preliminary notice
54Preliminary notice not to imply obligation pursuant to other Acts
55Te Rūnanga o Ngāi Tahu may waive its rights pursuant to this Part
56Notice to be given before attempted disposal of relevant land
57Procedure for determination of special land
58Relevant land becomes special land by agreement
59Appointment of public valuer
60Request to President of New Zealand Institute of Valuers to appoint public valuer
61Appointment of public valuer by President of New Zealand Institute of Valuers
62Determination by public valuer
63Relevant land becomes special land by determination of public valuer
64Attempted disposal of special land permitted
65Notice to Te Rūnanga o Ngāi Tahu before disposal
66Acceptance by Te Rūnanga o Ngāi Tahu
67Negotiation in good faith
68Certain obligations not implied
69Non-acceptance by Te Rūnanga o Ngāi Tahu
70Notice to Te Rūnanga o Ngāi Tahu of agreement subject to section 64(b)
71Notice to Te Rūnanga o Ngāi Tahu of agreement subject to section 69(a)⁠(ii)
72Disposal if no notice from Te Rūnanga o Ngāi Tahu in respect of notice pursuant to section 70
73Disposal if no notice from Te Rūnanga o Ngāi Tahu in respect of notice pursuant to section 71
74Application of sections 75 to 83
75Appointment of independent person
76Failure to agree on appointment
77Appointment of independent person by another person or President of New Zealand Law Society
78Determination by independent person
79Early appointment of independent person
80Disposal permitted if terms not more favourable
81Application of sections 82 and 83 if terms more favourable
82Te Rūnanga o Ngāi Tahu may give notice to purchase
83Disposal permitted if no notice received
84Re-offer required
85This Part not to affect or derogate from certain rights and restrictions
86This Part not to affect or derogate from certain disposal rights
87Interpretation
88Change of control of new Crown owner to which relevant land has been transferred
89Public valuer or independent person to be expert
90Costs of public valuer pursuant to section 62
91Costs of independent person pursuant to section 78
92Notices
93No further inquiries
94Withdrawal by Crown body
95Participation in sales process for relevant land
96Disposal of more than 1 parcel of land
97Part ceasing to apply
98Noting on certificates of title
99Removal of notation
100Copy of certificate to be sent to Te Rūnanga o Ngāi Tahu
101Section 10 of deed of settlement
102Interpretation
103Notice of effective date
104Covenants and easements relating to station areas
105Transfers and leasebacks
106Subdivisions
107Leaseback conservation areas
108Concessions and commercial activities
109Conservation management strategies and conservation management plans
110Ecological monitoring
111Easements and licences
112Licences for bridges
113Stopping of roads in Mararoa Valley Area
114Gift duty
115Lake Rere
116New conservation area
117Purpose of this Part
118Effective date of matters set out in this Part
119Interpretation
120Tuku Tuku Iwi vested in Te Rūnanga o Ngāi Tahu
121Te Parinui o Whiti vested in Te Rūnanga o Ngāi Tahu
122Access to Te Parinui o Whiti
123Sinclair Wetlands vested in Te Rūnanga o Ngāi Tahu
124Te Waiomākua vested in Te Rūnanga o Ngāi Tahu
125Greenpark Huts vested in Te Rūnanga o Ngāi Tahu
126Motutapu vested in Te Rūnanga o Ngāi Tahu
127Ōkeina (Okains Bay) vested in Te Rūnanga o Ngāi Tahu
128Structures and improvements on Ōkeina (Okains Bay)
129Management of Ōkeina (Okains Bay) by Banks Peninsula District Council
130Certificate of title for Ōkeina (Okains Bay)
131South Bay-Kaikōura vested in Te Rūnanga o Ngāi Tahu
132The Point-Kaikōura vested in Te Rūnanga o Ngāi Tahu
133Whakamātakiuru (Ellesmere Landing) vested in Te Rūnanga o Ngāi Tahu
134Certain leases of Whakamātakiuru (Ellesmere Landing) not subdivisions
135Road through Whakamātakiuru (Ellesmere Landing) vested in Selwyn District Council
136Matariki vested in Te Rūnanga o Ngāi Tahu
137Taramea (Howells Point) vested in Te Rūnanga o Ngāi Tahu
138Value to be paid by Te Rūnanga o Ngāi Tahu
139Vesting of tribal properties in Te Rūnanga o Ngāi Tahu
140South Bay/Kaikōura Peninsula vested in Te Rūnanga o Ngāi Tahu
141Moturata vested in Te Rūnanga o Ngāi Tahu
142Huriawa vested in Te Rūnanga o Ngāi Tahu
143Māpoutahi vested in Te Rūnanga o Ngāi Tahu
144Noting on titles
145Revocation of declaration under section 76 of Reserves Act 1977
146Te Rūnanga o Ngāi Tahu to be administering body
147Te Rūnanga o Ngāi Tahu to hold and administer Kahutara
148Te Rūnanga o Ngāi Tahu to hold and administer Ōmihi/Goose Bay
149Te Rūnanga o Ngāi Tahu to hold and administer Ōaro
150Creation of historic reserve at Ōtūkoro
151Te Rūnanga o Ngāi Tahu to hold and administer Maerewhenua
152Te Rūnanga o Ngāi Tahu to hold and administer Takiroa
153Te Rūnanga o Ngāi Tahu to hold and administer Kātiki
154Te Rūnanga o Ngāi Tahu to hold and administer Ōnawe Pā
155Creation of reserve around Kopuwai
156Creation of historic reserve at Kawarau Gorge
157Te Rūnanga o Ngāi Tahu to hold and administer Waipapa Point
158Te Rūnanga o Ngāi Tahu to hold and administer Maranuku
159Creation of historic reserve at Moeraki Lake site
160Creation of reserve at Wairewa
161Addition of roads to Ōruaka Historic Reserve
162Change of name of Mount Cook National Park
163Reserves
164Change of classification
165Change of name of conservation area
166Change of name of certain reserves
167Interpretation
168Vesting of bed of Te Waihora in Te Rūnanga o Ngāi Tahu
169Road vested in Selwyn District Council
170Vesting of river protection reserve
171Title extends to bed only
172Registrar to issue certificates of title for bed of Te Waihora
173Existing public access and use
174Existing lawful commercial use and structures
175Maimais
176Statutory adviser
177Joint management plan
178Application of Conservation Act 1987
179Non-derogation from legislation and other matters
180Effect of joint management plan
181Recording of agreement to prepare joint management plan in Act
182Power to make bylaws
183Interpretation
184Vesting of bed of Muriwai (Coopers Lagoon) in Te Rūnanga o Ngāi Tahu
185Title extends to bed only
186Registrar to issue certificate of title for bed of Muriwai (Coopers Lagoon)
187Existing public access and use
188Power to make bylaws
189Existing lawful commercial use and structures
190Maimais
191Interpretation
192Vesting of bed of Lake Mahināpua in Te Rūnanga o Ngāi Tahu
193Title extends to bed only
194Registrar to issue certificates of title for bed of Lake Mahināpua
195Existing public access and use
196Power to make bylaws
197Existing lawful commercial use and structures
198Maimais
199Statutory adviser
200Legal access to bed of Lake Mahināpua
201Grant of leases
202Purpose of this Part
203Interpretation
204Effective date of matters set out in this Part
205Interpretation
206Statutory acknowledgements by the Crown
207Distribution of applications to Te Rūnanga o Ngāi Tahu
208Local authorities must have regard to statutory acknowledgements
209Environment Court to have regard to statutory acknowledgements
210Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
211Use of statutory acknowledgement with submissions
212Authorisation to enter into deeds of recognition
213Form and terms of deeds of recognition
214Alienation of land
215Purposes of statutory acknowledgements
216Purposes of deeds of recognition
217Exercise of powers, duties, and functions
218Rights not affected
219Limitation of rights
220Recording of statutory acknowledgements on statutory plans
221Pikirakatahi (Mount Earnslaw)
222Tokatā (The Nuggets)
223Notification of application [Repealed]
224Application not requiring notification [Repealed]
225Representation at proceedings
226New Schedule 11 inserted
227Interpretation
228Powers of Trust in relation to authority application
229Rights of appeal
230Interpretation
231Appointment of statutory adviser
232Functions of statutory adviser
233Duty to have particular regard to advice
234Exception with regard to Te Waihora joint management plan
235Pikirakatahi (Mount Earnslaw)
236Tokatā (The Nuggets)
237Interpretation
238Declaration as Tōpuni
239Description of Ngāi Tahu values
240Actions by Minister of Conservation in Tōpuni
241New Zealand Conservation Authority and conservation boards to have particular regard to Ngāi Tahu values
242New Zealand Conservation Authority and relevant conservation boards to consult with Te Rūnanga o Ngāi Tahu
243Notification of Tōpuni
244Actions by Director-General
245Regulations
246Bylaws
247Existing classification of Tōpuni
248Revocation of status
249Purpose of declaration as Tōpuni
250Exercise of powers, duties, and functions
251Rights not affected
252Limitation of rights
253Pikirakatahi (Mount Earnslaw)
254Pouwhenua
255Interpretation
256Creation and granting of nohoanga entitlements
257Vesting of entitlement land
258Type of land
259Rights attaching to nohoanga entitlements
260Obligations related to nohoanga entitlements
261Boundaries of entitlement land
262Section 44 of Reserves Act 1977 not to apply
263Rates
264Targeted rates
265Termination of nohoanga entitlements
266Purpose of creation of nohoanga entitlements
267Rights not affected
268Limitation of rights
269Amendment of place names on official maps
270Encouragement of use of original Māori place names [Repealed]
271Reinstatement of name of Kaiapoi Pā
272New Zealand Conservation Authority
273Membership of Conservation Boards
274Guardians of Lakes Manapōuri, Monowai, and Te Anau
275Guardians of Lake Wanaka
276New Zealand Geographic Board
277Interpretation
278Appointment as statutory adviser
279Function of statutory adviser
280Duty to have particular regard to advice
281Interpretation
282Authority to issue, amend, or cancel protocols
283Protocols subject to Crown obligations
284Noting of protocols
285Enforceability of protocols
286Limitation of rights
287Interpretation
288Special association with taonga species acknowledged
289Purpose of acknowledgement
290Exercise of powers, duties, and functions
291Rights not affected
292Limitation of rights
293Species management of all taonga species
294Species recovery groups
295Notice of establishment of species recovery groups
296Possession of specimens of wildlife
297Interpretation
298Special association with taonga fish species acknowledged
299Purpose of acknowledgement
300Exercise of powers, duties, and functions
301Rights not affected
302Limitation of rights
303Management of taonga fish species under Fisheries Act 1983 and Fisheries Act 1996
304Management of taonga fish species under Conservation Act 1987
305Amendments to Conservation Act 1987 regarding Māori fishing rights
306Non-commercially harvested species
307Right of first refusal to purchase quota
308Exceptions to right of first refusal
309Aggregation rules in respect of right of first refusal
310Temporary closure of fishing area or restriction on fishing methods
311Temporary closure of fisheries
312Interpretation
313Statutory acknowledgements by the Crown
314Subject areas
315Interpretation
316Te Rūnanga o Ngāi Tahu’s right to purchase authorisations
317Exercise of right to purchase authorisations
318Te Rūnanga o Ngāi Tahu deemed to have made tender
319Resource Management Act 1991 not affected
320Sections 315 to 318 not to affect or create rights on coastal marine areas
321Purpose of this Part
322Effective date of matters set out in this Part
323Interpretation
324Interpretation
325Stopping and vesting legal roads
326Creation and management of Waitaiki Historic Reserve
327Rarotoka to be vested in Te Rūnanga o Ngāi Tahu as Māori freehold land
328Interpretation
329Change of name of Codfish Island Nature Reserve
330Whenua Hou Nature Reserve to include adjacent islets and stacks
331Southland Conservation Board to appoint committee in respect of Whenua Hou
332Statutory acknowledgement for Whenua Hou
333Interpretation
334Crown Tītī Islands vested in Te Rūnanga o Ngāi Tahu
335Interim management of Crown Tītī Islands as if conservation area
336Control and management of Crown Tītī Islands
337Amendments to Titi (Muttonbird) Islands Regulations 1978
338Purpose of this Part
339Intepretation
340Effective date of matters set out in this Part
341Delayed vesting of certain properties
342Ngāi Tahu ancillary claims trust to be established
343Funding of Ngāi Tahu ancillary claims trust
344Identification of beneficiaries by ancillary claims trustees
345Jurisdiction of Maori Land Court extended
346Vesting of claim property that is subject to Ngāi Tahu ancillary claims trust
347Subsequent inclusion in vesting order
348Ngāi Tahu Ancillary Claims Trust an organisation named or described in Schedule 4 of Public Finance Act 1989
349Auditor-General to be auditor of Trust
350Ngāi Tahu Ancillary Claims Trust to be Crown entity [Repealed]
351Vesting of Kaikōura town section and Kaikōura suburban site
352Interpretation
353Vesting of Takahanga Pā site (No 2)
354Interpretation
355Creation and granting of Fenton entitlements
356Stopping of legal road
357Representative body of holders of Fenton entitlement
358Maori Land Court to open and maintain registers of holders
359Replacement of entitlement land
360Rights attaching to Fenton entitlements
361Obligations related to Fenton entitlements
362Boundaries of entitlement land
363Section 44 of Reserves Act 1977 not to apply
364Rates
365Targeted rates
366Suspension of Fenton entitlements
367Purpose of creation of Fenton entitlements
368Rights not affected
369Limitation of rights
370Succession to Fenton entitlements
371Interpretation
372Creation and granting of customary fishing entitlements
373Representative body of holders of customary fishing entitlement
374Register of holders of customary fishing entitlement
375Replacement of entitlement area
376Rights attaching to customary fishing entitlements
377Obligations related to customary fishing entitlements
378Boundaries of entitlement area
379Section 44 of Reserves Act 1977 not to apply
380Rates
381Targeted rates
382Suspension of customary fishing entitlements
383Purpose of creation of customary fishing entitlements
384Rights not affected
385Limitation of rights
386Succession to customary fishing entitlements
387Vesting of Te Ihutai site
388Vesting of Ahuriri-Te Waihora site
389Vesting of Wainono site
390Vesting of Bushy Point site
391Vesting of lakeside sites
392Future transfer of remaining lakeside sites
393Vesting of Tatawai replacement site
394Beneficial owners of reserve authorised to catch fish
395Vesting of Arawhata site (No 1) and Arawhata site (No 2)
396Vesting of Bruce Bay site (No 1), Bruce Bay site (No 3), and Bruce Bay site (No 4)
397Vesting of Bruce Bay site (No 2)
398Vesting of Bruce Bay site (No 5)
399Property description
400Vesting of Bruce Bay site (No 6)
401Identification of beneficiaries to Bruce Bay site (No 6)
402Vesting of Māwhera Chambers
403Vesting of Greymouth railway land
404Vesting of Lake Kaniere site
405Vesting of Rapahoe site
406Discontinuance of Maori Land Court proceedings
407Property description
408Future vesting of Karitane site
409Application by Waikouaiti Māori Foreshore Trust Board
410Application of Conservation Act 1987 to access granted by the Crown
411Application of Property Law Act 2007 to access granted by the Crown
412Vesting of substitute Maranuku site
413Property description
414Vesting of Maranuku site
415Identification of beneficiaries to Maranuku site
416Interpretation
417Vesting of Waimumu site (No 1)
418Vesting of Waimumu site (No 2)
419Vesting of Waimumu site (No 3)
420Identification of beneficiaries to Waimumu sites
421Vesting of Invercargill site
422Vesting of Aparima site (No 1)
423Vesting of Aparima site (No 2)
424Interpretation
425Vesting of Pūrākaunui site
426Vesting of road site
427Application of Fencing Act 1978
428Interpretation
429Vesting of Taiaroa Head site (No 1) in ancillary claims trustees
430Administration of Taiaroa Head site (No 1)
431Identification of beneficiaries of Taiaroa Head site (No 1)
432Successors to Korako Karetai to be owners
433Decisions of successors to Korako Karetai
434Establishment of joint management body
435Transfer of Taiaroa Head site (No 1) to successors to Korako Karetai
436Vesting of Taiaroa Head site (No 2)
437Administration of Taiaroa Head site (No 1) by joint management body
438Administration of Taiaroa Head site (No 2) by joint management body
439Administration by joint management body
440Commencement of administration by joint management body
441Management of wildlife sanctuary
442Preparation of management plan for Taiaroa Head sites
443Inclusion of Taiaroa Head site (No 3)
444Inclusion of Taiaroa Head site (No 4)
445Purpose of this Part
446Interpretation
447Property description
448Revocation of Hawea/Wanaka substitute land’s current reserve status
449Vesting of Hawea/Wanaka substitute land
450Property descriptions
451Vesting of Whakapoai land or Whakapoai substitute land
452Lease of Whakapoai land
453Provision of redress for successors to Port Adventure land
454Provision of redress for successors to Toi Toi land
455Miscellaneous matters to give effect to SILNA redress
456South Westland land to vest in ancillary claims trustees
457Pāringa River site to vest in ancillary claims trustees
458Okahu replacement site to vest in ancillary claims trustees
459Purpose of this Part
460Effective date of matters in this Part
461Settlement of Ngāi Tahu claims to be final
462Jurisdiction of Tribunal to consider claims [Repealed]
463Enactments relating to resumptive memorials on land within Ngāi Tahu claim area no longer to apply
464Removal of resumptive memorials
465Maori Trust Boards Act 1955
466Rule against perpetuities not to apply
467Settlement for benefit of Ngāi Tahu Whānui collectively
468Purpose of this Part
469Interpretation
470Application of this Part
471Disposition by the Crown
472Encumbrances
473Continuing application of statute and other matters
474Title to specified settlement property
475Certification of registrable interests
476Exclusions
477Stopping of roads
478Successors bound
479Registration without fee
Reprint notes

An Act—

(a)

to record the apology given by the Crown to Ngāi Tahu in the deed of settlement executed on 21 November 1997 by the then Prime Minister the Right Honourable James Brendan Bolger, for the Crown, and Te Rūnanga o Ngāi Tahu; and

(b)

to give effect to certain provisions of that deed of settlement, being a deed that settles the Ngāi Tahu claims

Preamble

He kōrero tāhuhu
He kōrero tāhuhu

A

E mau ake nei te Rārangi Tāpiri Tuatahi mō tēnei ture, e whakaupoko ana i roto i te reo Māori me te reo Pākehā i ngā tikanga o Te Tiriti o Waitangi:

Ngā tātai
Te Whakawhitinga o ngā whenua o Ngāi Tahu

B

Ka hainatia Te Tiriti o Waitangi e Ngāi Tahu i te tau 1840 ki Akaroa (30 o ngā rā o Matahi), ki te motu o Ruapuke (9, 10 o ngā rā o Maruaroa), me Ōtākou hoki (13 o ngā rā o Maruaroa). Ko Ngāi Tahu te tāngata whenua o te rohe i whakapuakitia anotia e Te Ture o Te Rūnanga o Ngāi Tahu 1996 i taua wā, ā, tae noa ki tēnei wā. I roto i ngā tau o muri mai o te hainatanga o Te Tiriti o Waitangi ka whai ngā mōkai a te Karauna kia whakawhitia atu e Ngāi Tahu ō rātou whenua ki te Karauna. Nā ngā hoko nunui tekau katoa aua hoko—i oti atu ai ngā whenua o Ngāi Tahu ki te Karauna, arā: Ōtākou 1844, Canterbury (tā Kemp) 1848, Port Cooper 1849, Port Levy 1849, Murihiku 1853, Akaroa 1856, North Canterbury 1857, Kaikōura 1859, Arahura 1860, me Rakiura 1864. Ngā ingoa o ngā kaihaina o Ngāi Tahu i ngā pukapuka ā-herenga kei roto i te Rārangi Tāpiri Tuarua, arā he mea tuhi ki roto i te Tāpiri Tuarua o te rīpoata a Te Rōpū Whakamana i te Tiriti mō Ngāi Tahu i te tau 1991:

Te Roanga o te tatari a Ngāi Tahu kia arotia mai ā rātou whakamau

C

Mai rā anō a Ngāi Tahu e rangahau ana i te “Kerēme” mō te huhunu o ngā mahi a te Karauna arā, mō te kore a te Karauna e whai whakaaro ki ngā tohutohu o roto i ngā pukapuka ā-herenga i roto i ā rātou hokonga mai i ngā whenua o Ngāi Tahu. Ko ngā tāngata rongonui nā rātou i kawe te “Kerēme” mai rā anō ko Matiaha Tiramōrehu, Hori Kerei Taiaroa, Tiemi Hipi, Tipene O’Regan, Henare Rakiihia Tau, me ā rātou whānau:

D

Nā te tukunga iho o ngā mahi tautohe me ngā tono a Ngāi Tahu (ko ētahi o aua tono i tīmatatia mai i roto i ngā tau 1840), kātahi ka tirotirohia e ngā kaiwhakahaere a te Karauna. Ko ētahi o aua kaiwhakahaere i whakahāwea noa iho ki ngā take i tirohia e rātou, ēngari ko ētahi i āta wherawhera i ngā take ka kitea e rātou te tika o ngā whakamau a Ngāi Tahu. E whakaae ana te Karauna tērā, kāore ia i aro atu ki aua whakamau, otirā, kāore ia i whakatau i te “Kerēme” o Ngāi Tahu. Ko te ture i whakaritea i te tau 1944 ko te Ngāitahu Claim Settlement Act kāore rawa i kōrerotia i waenganui i ngā iwi i mua o te whakaturenga, ēngari kāore i purua ngā tono a te iwi ki te Karauna:

Tono i raro i te Ture o Te Tiriti o Waitangi 1975

E

I roto i ngā whakaturenga o te ture āpiti 1985 o Te Tiriti o Waitangi, ka whakawāteatia mai e te Karauna he huanui e āhei ai te Māori ki te mau atu i ā rātou take uaua ko mua i Te Rōpū Whakamana i Te Tiriti mō ngā whakamau puri mahara i pūtake mai i te rā o te hainatanga o Te Tiriti o Waitangi, 1840:

F

I te 26 o ngā rā o Whā, 1986 ka whakatakototia e Henare Rakiihia Tau rāua ko Te Poari Māori o Ngāi Tahu—te reo o te iwi o Ngāi Tahu—tā rātou take ki mua i Te Rōpū Whakamana i Te Tiriti. Ko Tipene O’Regan te tumuaki o te Poari. Nō muri iho ka āta whakamāramatia ngā āhuatanga o taua take ki roto i ngā āpiti:

G

Ko te take o Ngāi Tahu—Wai 27—i rēhitatia ki Te Rōpū Whakamana i Te Tiriti, i āta tirotirohia i te wā o te whakawātanga ki mua i Te Rōpū Whakamana i Te Tiriti i roto i ngā tau mai i 1987 ki 1989:

H

I te tuatahi o ngā rā o Kahuru 1991, ka puta te rīpoata a Te Rōpū Whakamana i Te Tiriti e whakaatu ana i ngā tino kaupapa o te take o Ngāi Tahu i āta mōhiotia nei ko ngā “Rākau Teitei e Iwa” o ngā whakamau a Ngāi Tahu, nā, i te 6 o ngā rā o Rima 1991, ka puta anō he rīpoata e tūtohu ana tērā me hanga he ture kia taea ai e Ngāi Tahu te whakarite i tētahi rūnanganui-ā-iwi hei kanohi mō rātou, arā, mō Ngāi Tahu Whānui:

I

I te 6 o ngā rā o Whā 1992, ka puta te rīpoata ā Te Rōpū Whakamana i Te Tiriti mō te take o Te Hī-Ika o Ngāi Tahu, ā, ka kitea “Neke atu ki tētahi rau tau, i whakararurarutia a Ngāi Tahu e te roa o te kore whai tohutohu i roto i Te Tiriti o Waitangi tae mai ki te wā o te whakaturetanga me te whakakaupapatanga o te Quota Management System”. Nō muri iho i whakatauria aua take ki ngā whakataunga i roto i te Māori Fisheries Act 1989, te whakaaetanga ā-pukapuka i waenganui i a te iwi Māori me te Karauna i te 23 o ngā rā o te Rima 1992, me te Treaty of Waitangi (Fisheries Claims) Settlement Act 1992:

J

Ko te 27 o ngā rā o Kahuru-kai-paeka 1995, ka puta te roanga atu o te rīpoata a Te Rōpū Whakamana i Te Tiriti mō te taha ki ngā take tāpiri a Ngāi Tahu:

Ko ngā whiriwhiringa a Te Rōpū Whakamana i Te Tiriti: Ngā Rākau Teitei e Iwa

K

I roto i ngā whiriwhiringa a Te Rōpū Whakamana i Te Tiriti i ngā take o Ngāi Tahu ka kitea te tika o te nuinga o aua take, otirā, ngā take i pā atu ki ngā “Rākau Teitei e Iwa” me ngā wāhanga tāpiringa. Ka mahara Te Rōpū Whakamana i Te Tiriti tērā, mai rā anō kāore rawa i a te Karauna i ngākau pono ki ōna whakaaetanga, i roto i Te Tiriti, i a Ngāi Tahu. Ka mahara hoki Te Rōpū Whakamana i Te Tiriti tērā, i te aponga a te Karauna i ngā whenua o Ngāi Tahu—34.5 miriona eka mō te iti noa iho o te utu, £14,750—i takakino tāruaruatia e ia te kaupapa ōritenga o Te Tiriti o Waitangi. Ka whakataua e Te Rōpū Whakamana i Te Tiriti tērā, nā aua takakino a te Karauna i pōharatia ai a Ngāi Tahu i ō rātou whenua, i kore ai rātou i whai oranga rite atu ki ngā āhuatanga i mua i te aponga a te Karauna i ō rātou whenua:

L

Ka tohua e Te Rōpū Whakamana i Te Tiriti i roto i ā rātou whiriwhiringa, te āhua me nui o te utu a te Karauna mō āna haranga ki a Ngāi Tahu. Ka whakaarotia e Te Rōpū Whakamana i Te Tiriti me whakahoki atu e te Karauna kia rawaka he whenua mō Ngāi Tahu kia whai oranga ai rātou i ngā hua whenua me tēnei whakatupuranga atu ki ngā uri kei te heke iho:

M

Ōtākou

Ka kitea e Te Rōpū Whakamana i Te Tiriti tērā, i raro i ngā āhuatanga i whakaaetia i te wā o te hokonga a te Karauna i Ōtākou kāore ia te Karauna, i ngākau pono ki aua āhuatanga, tērā, kāore i tāpiritia atu e ia he whenua hei hui atu ki tērā i rāhuitia mō Ngāi Tahu. Ka whakaarotia e Te Rōpū Whakamana i Te Tiriti mehemea pea i hanga he ture e te Karauna e taea ai e ia te tākoha whenua “te kau o rau” ki a Ngāi Tahu, ka ea pea tētahi wāhanga o ōna hara:

Ngā Pākihi Whakatekateka o Waitaha

I kitea e Te Rōpū Whakamana i Te Tiriti o Waitangi, tērā te Karauna i tāna hokonga i ngā whenua o Ngāi Tahu, arā, i Ngā Pākihi Whakatekateka o Waitaha, kāore i ōrite ngā whiriwhiringa kāore i tutuki ngā hinonga mō te rāhui kia rāwaka he wāhi mahinga kai mā Ngāi Tahu mō nāianei, ā, mō ngā rā hoki kei te heke iho. Kāore i wehea ake e te Karauna ngā whenua, i tonoa e Ngāi Tahu i te takiwā mai i te awa o Waimakariri atu ki te awa o Kāwari. I kitea e Te Rōpū Whakamana i Te Tiriti o Waitangi tērā, i runga i ēnei takakino, i tino hē te Karauna ki mua i a Ngāi Tahu:

Horomaka

I kitea e Te Rōpū Whakamana i Te Tiriti tērā, i tukua e te Karauna 30,000 eka ki te Nanto-Bordelaise Company i Horomaka tērā, kāore a Ngāi Tahu i whakaae ki te tuku i te katoa o aua whenua. I roto i ngā tikanga kūare a te Karauna kāore a Ngāi Tahu i utua mō aua whenua, kāore hoki i tika ngā whakarite mō ngā whenua i Whakaraupō me Koukourarata. Tēnā atu anō ētahi o ngā hē o te Karauna i kitea e Te Rōpū Whakamana i Te Tiriti, arā, ko te kore o te Karauna i whakaae ki te rāhui i ētahi whenua i tonoa e Ngāi Tahu i Ōkeina me Whakaroi. I kitea e Te Rōpū Whakamana i Te Tiriti tērā, kua hokona kētia ngā whenua i Horomaka e te Karauna i mua o te hokonga mai o aua whenua i a Ngāi Tahu, kore rawa i whakaaro ake i mahara rānei ki te wehe ake i ētahi whenua mō ngā uri whakatupu o Ngāi Tahu:

Murihiku

I kitea e Te Rōpū Whakamana i Te Tiriti o Waitangi tērā, i te hokonga mai a te Karauna i Murihiku kāore i wehea ake ngā whenua i tonoa e Ngāi Tahu kia rāhuitia, kāore i tohua he aronga atu ki ngā wāhi mahinga kai, kāore i wehea kia rāwaka he whenua hei whai oranga mō Ngāi Tahu mō nāianei, ā, atu hoki mō ngā uri whakatupu. I kitea anō e Te Rōpū Whakamana i Te Tiriti o Waitangi tērā, i roto i aua mahi hē, i roto hoki i ngā hēanga o muri mai, arā, i te korenga o ngā ture Middle Island Half-Caste Crown Grants Act 1877 me South Island Landless Natives Act 1906 i whakaarahia hei whakatika i aua hē, i tino hara te Karauna ki a Ngāi Tahu:

North Canterbury me Kaikōura

I kitea e Te Rōpū Whakamana i Te Tiriti o Waitangi tērā, i tino whakararurarutia e te Karauna ngā pānga me te rangatiratanga o Ngāi Tahu ki ōna whenua i North Canterbury me Kaikōura i te hē o ngā mahi hoko whenua mai a te Karauna pērā i te hokonga mai o ngā whenua o Wairau 1847, ā, i te hokonga atu hoki o ngā whenua o Ngāi Tahu kāore rā anō kia whakaaetia kia hokona. I kitea e Te Rōpū Whakamana i Te Tiriti o Waitangi tērā, kāore i ōrite ngā mahi a te Karauna i te wā o te whakaritenga o ngā hoko o ngā whenua o Ngāi Tahu o muri mai, kāore i rāwaka ngā whenua i rāhuitia i North Canterbury me Kaikōura hei whai oranga mō Ngāi Tahu mō nāianei, ā, atu hoki mō ngā uri whakatupu:

Arahura

I kitea e Te Rōpū Whakamana i Te Tiriti o Waitangi tērā, kāore i ōrite ngā whakaritenga mō ngā whenua i Arahura, kāore i wehea ake ngā whenua i taunahatia e Ngāi Tahu mō rātou, kāore i wehea ake he ara hei huarahi atu ki ā rātou wāhi mahinga kai. I kitea tērā kāore i whakamarumarutia e te Karauna te tika o Ngāi Tahu ki te pupuri motuhake i tōna mana ki te katoa o ā rātou papa pounamu. I kitea e Te Rōpū Whakamana i Te Tiriti o Waitangi te huakore o ngā mahi a te Karauna tērā kāore i aro ake ki ngā hiahia o Ngāi Tahu i te wā o te whakatakotoranga o ngā tikanga mō ngā rīhi mutunga-kore ki runga i ngā whenua rāhui o Ngāi Tahu:

Rakiura

I kitea e Te Rōpū Whakamana i Te Tiriti o Waitangi tērā, i whakawhitiria a Ngāi Tahu i te takaroa o te Karauna ki te whakatakoto i ngā āhuatanga mō te hoko o Rakiura, ka huakore noa o āna mahi kāore i āta pono te tiaki i ngā pānga o ngā Māori:

Mahinga kai

I kitea e Te Rōpū Whakamana i Te Tiriti o Waitangi tērā, i te hokonga mai a te Karauna i ngā whenua o Ngāi Tahu kāore i hua he āhuatanga e whai huarahi atu ai te iwi ki ā rātou māra kai me ngā moana mahinga tuna arā, a Te Waihora me Wairewa:

Ngā kura me ngā hōhipera

I kitea e Te Rōpū Whakamana i Te Tiriti o Waitangi tērā he tinihanga noa iho ngā kī taurangi a te Karauna i mea ai ia ka whakaratoa e ia ngā tūmanako a Ngāi Tahu, arā, ka mahia e te Karauna he kura, he hōhipera mā Ngāi Tahu, ka kitea tērā, he poapoa kē nā te Karauna kia hokona atu ai e Ngāi Tahu te Kemp Block me Murihiku, tērā, nā te pūturituri o te Karauna ki te whakarato i aua painga i whakawhitiria a Ngāi Tahu:

Ngā Whakaritenga i waenga i a Ngāi Tahu rāua ko te Karauna

N

I te tau 1990 ka whakaritea e te Karauna rāua ko Ngāi Tahu he whakaaetanga mō te wā o āianei he maru mō ngā whenua tūwhene a te Karauna mō ngā whakataunga o ngā kerēme ā muri i a Ngāi Tahu:

O

E whakaae ana te Karauna ki te wero a Te Rōpū Whakamana i Te Tiriti o Waitangi i puta i roto i tā rātou rīpoata, nā, te tukunga iho o taua whakaaetanga, Rima 1991, ka whāia e rāua ko Ngāi Tahu he āhuatanga e taea ai te whakatau i ngā amuamu a Ngāi Tahu:

P

I te wā mai i 1991 atu ki 1994, ka whāia e te Karauna rāua ko Ngāi Tahu tētahi huarahi e taea ai te whakarite i ngā whakataunga:

Q

I muri mai o te whakaturenga o Te Ture o Te Rūnanga o Ngāi Tahu 1996, ka whakaaetia i roto i taua ture tērā, ko Te Rūnanga o Ngāi Tahu te kaiwhakahaere o ngā take katoa e pā ana ki a Ngāi Tahu Whānui i raro i te wāhanga 15 o taua ture:

R

I te tau 1996, ka whakaritea e te Karauna rāua ko Ngāi Tahu i roto i te ngākau pono, he āhuatanga e taea ai te whakatau, ā mutu atu, ngā kerēme a Ngāi Tahu mai rā anō, kia mutu ai ngā hīkanga a Ngāi Tahu:

S

I te 14 o ngā rā o Maruaroa 1996, ka whakaritea e te Karauna rāua ko Te Rūnanga o Ngāi Tahu he whakaaetanga ā-pukapuka “mō ngā nama”, e ai ka whakaae te Karauna ki te whakarato i ētahi puretumu ki Te Rūnanga o Ngāi Tahu i runga i te kaupapa “mō ngā nama” hei tohu i te ngākau pono o te Karauna:

T

I te 5 o ngā rā o Ono 1996, ka whakaritea e te Karauna rāua ko Te Rūnanga o Ngāi Tahu he Upoko Whakaaetanga ā-pukapuka, kia whakatakototia ngā kaupapa i whakaaetia e rāua tahi, he pai ki whakaruru atu ai ki roto i tētahi whakaaetanga ā-pukapuka kia taea ai te whakataunga o ngā take o Ngāi Tahu, ā, i roto i te ngākau pono kia whakarite ai i te Whakaaetanga ā-pukapuka. Kāore he mea kei roto i taua Upoko Whakaaetanga ā-pukapuka ki a herea a Ngāi Tahu, te Karauna rānei:

Whakamutunga o ngā Kerēme

U

I te 21 o ngā rā o Whitu 1997, ka whakaritea e te Karauna rāua ko Te Rūnanga o Ngāi Tahu te Whakaaetanga-ā-pukapuka mō Ngāi Tahu. Kei roto i taua pukapuka i whāki ai te Karauna mō āna tukino i waimaero ai a Ngāi Tahu ki te whai oranga tinana, oranga wairua, ā, i whakaatu hoki i ngā take e taea ai te whakamana te whakataunga o te katoa o ngā kerēme o Ngāi Tahu mai rā āno.

Background in English

A

The Treaty of Waitangi is set out, in Māori and English, in Schedule 1:

The threads of time
Transfer of Ngāi Tahu lands

B

The Treaty of Waitangi was signed by Ngāi Tahu in 1840 at Akaroa (May 30), Ruapuke Island (June 9, 10), and Ōtākou (June 13). Ngāi Tahu is today, and was at the time of the signing of the Treaty, the tāngata whenua within the boundaries already confirmed in Te Runanga o Ngai Tahu Act 1996. In the years following the signing of the Treaty, the Crown, through its representatives and agents, sought the transfer of land from the Ngāi Tahu people to the Crown. This was achieved through 10 major purchases: Ōtākou 1844, Canterbury (Kemp’s) 1848, Port Cooper 1849, Port Levy 1849, Murihiku 1853, Akaroa 1856, North Canterbury 1857, Kaikōura 1859, Arahura 1860, and Rakiura 1864. The Ngāi Tahu signatories to these deeds, as recorded in Appendix 2 of the Waitangi Tribunal’s Ngai Tahu Report 1991, are listed in Schedule 2:

Ngāi Tahu have long sought to have their grievances redressed

C

From an early date, Ngāi Tahu has pursued claims against the Crown of unfair purchase practices and of breaches of the deeds of purchase. Matiaha Tiramōrehu, Hori Kerei Taiaroa, Tiemi Hipi, Tipene O’Regan, and Henare Rakiihia Tau and their wives and families were most prominent in these claims:

D

As a result of Ngāi Tahu petitions and protests, some dating back to the 1840s, Ngāi Tahu’s grievances have been considered by a number of inquiries. Some dismissed them after cursory investigation, but those which investigated in detail generally found validity in Ngāi Tahu’s complaints. However, the Crown accepts that Ngāi Tahu’s grievances were not remedied. In particular, the Ngaitahu Claim Settlement Act 1944 was enacted without prior consultation with the tribe and did not debar the tribe from further pursuing its claim:

Claim under the Treaty of Waitangi Act 1975

E

Through enactment of the Treaty of Waitangi Amendment Act 1985, the Crown made it possible for Māori to bring claims before the Waitangi Tribunal in respect of historic grievances arising after 6 February 1840:

F

On 26 August 1986, a claim was submitted to the Waitangi Tribunal by Henare Rakiihia Tau and the Ngāi Tahu Māori Trust Board, which represented the Ngāi Tahu iwi and was chaired by Tipene O’Regan. That claim was subsequently elaborated upon by way of several amendments:

G

The Ngāi Tahu claim, registered with the Waitangi Tribunal as Wai 27, was investigated in hearings before the Tribunal over the years 1987 to 1989:

H

On 1 February 1991, the Waitangi Tribunal reported on the main elements of the Ngāi Tahu claim, described collectively as the “Nine Tall Trees” of Ngāi Tahu’s grievances, and on 6 September 1991 issued a supplementary report recommending the creation by statute of a representative tribal body for Ngāi Tahu:

I

On 6 August 1992, the Waitangi Tribunal reported on the Ngāi Tahu Sea Fisheries claim, finding that “Ngai Tahu has for more than a century been seriously prejudiced by long-standing breaches of the Treaty of Waitangi culminating in the enactment and implementation of the Quota Management System”. Those claims were subsequently settled through the settlement embodied in the Maori Fisheries Act 1989, the Deed of Settlement dated 23 September 1992 between the Crown and Māori and the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992:

J

The Waitangi Tribunal made a further report on 27 April 1995 in respect of Ngāi Tahu’s Ancillary Claims:

Findings of the Tribunal: The “Nine Tall Trees”

K

After considering the elements of the Ngāi Tahu claim, the Waitangi Tribunal found substantially in Ngāi Tahu’s favour, both in relation to the elements referred to as the “Nine Tall Trees”, and to the Ancillary Claims. In particular, the Tribunal could not reconcile the Crown’s enduring failure to meet its obligations to Ngāi Tahu with its duty to act towards its Treaty partner reasonably and with the utmost good faith. The Tribunal also emphasised that, in acquiring some 34.5 million acres of land from Ngāi Tahu for £14,750, the Crown acted unconscionably and in repeated breach of the Treaty of Waitangi. The Tribunal considered that the Crown’s actions left Ngāi Tahu with insufficient land to maintain its way of life, and to enable the tribe’s full participation in subsequent economic development:

L

The Tribunal indicated in general terms the nature and scope of the redress which Ngāi Tahu ought properly to receive. The Tribunal considered that the Crown ought to have restored to Ngāi Tahu sufficient land to provide for the future economic, social, and cultural development of the tribe:

M

Ōtākou

The Tribunal found that the Crown was under a residual obligation to make further provision for Ngāi Tahu, in addition to the reserves agreed upon during the purchase of the Ōtākou Block, and that the Crown failed to satisfy this obligation. The Tribunal considered that the Crown’s obligation might have been satisfied by the creation of “Tenths”, or by other adequate provision:

Canterbury

The Tribunal found that the Crown, in acquiring the Canterbury Block, failed to negotiate fairly, failed to meet its undertaking to reserve sufficient food resources for Ngāi Tahu, and failed to meet its obligation to provide ample reserves for the existing and future needs of Ngāi Tahu. The Crown did not set aside the area defined by the Waimakariri and Kāwari Rivers, as requested by Ngāi Tahu. The Tribunal found that, in so acting, and in its subsequent failure to remedy these faults, the Crown breached its duty to act with the utmost good faith towards Ngāi Tahu:

Banks Peninsula

The Tribunal found that the Crown granted the Nanto-Bordelaise Company an interest in 30,000 acres of land on Banks Peninsula, that Ngāi Tahu had not agreed to relinquish most of this land and was not compensated for its loss, and that the Crown used high-handed and unfair methods in its dealings with Ngāi Tahu over the Port Cooper and Port Levy Blocks. Significant to the Tribunal’s findings on the Port Levy Purchase was the Crown’s refusal to make reserves, as requested by Ngāi Tahu, at Okains Bay, Kaituna Valley and Pigeon Bay. The Tribunal further found that the Crown had dealt with land on Banks Peninsula before it had been lawfully acquired from Ngāi Tahu and that the Crown failed to meet its obligation to provide ample reserves for the existing and future needs of Ngāi Tahu:

Murihiku

The Tribunal found that the Crown, in purchasing the Murihiku Block, failed to set aside reserves that were requested by Ngāi Tahu, failed to preserve for Ngāi Tahu reasonable access to food resources, and failed to ensure that Ngāi Tahu retained sufficient land for its existing and future needs. The Tribunal found that, in so acting, and in its subsequent failure to remedy these faults through the Middle Island Half-Caste Crown Grants Act 1877 and South Island Landless Natives Act 1906, the Crown breached its duty to act with the utmost good faith towards Ngāi Tahu:

North Canterbury and Kaikōura

The Tribunal found that Ngāi Tahu’s interests and rangatiratanga in the North Canterbury and Kaikōura Blocks were gravely prejudiced by the Crown’s transactions with other tribes, particularly in the Wairau Purchase of 1847, and by the Crown’s disposal of land without Ngāi Tahu’s consent. It found that the Crown failed both to act fairly and honourably in negotiating for the subsequent purchase of Ngāi Tahu’s interests, and to provide sufficient reserves in the North Canterbury and Kaikōura Blocks for the existing and future needs of Ngāi Tahu:

Arahura

The Tribunal found that the Crown did not act fairly in its negotiations for the Arahura Block, and that the Crown failed both to set aside certain areas that Ngāi Tahu wished to retain, and to preserve for Ngāi Tahu reasonable access to food resources. It found that the Crown failed to protect the right of Ngāi Tahu to retain possession and control of all pounamu. The Tribunal also found that the Crown failed to respect Ngāi Tahu’s interests and wishes when enacting a system of perpetual leases over Ngāi Tahu reserves:

Rakiura

The Tribunal found that Ngāi Tahu was disadvantaged by the delay in implementing the terms of the Rakiura purchase, the Crown having failed in its duty actively to protect Māori interests:

Mahinga kai

The Tribunal found that, when purchasing Ngāi Tahu lands, the Crown failed to ensure that Ngāi Tahu retained reasonable access to places where the tribe produced or procured food, and especially unimpeded access to Lakes Waihora and Wairewa:

Schools and hospitals

The Tribunal found that the expectation of being provided with schools and hospitals was an inducement to Ngāi Tahu in selling the Kemp and Murihiku Blocks, that the Crown failed to act promptly to provide these benefits, and that Ngāi Tahu was disadvantaged by the delay in meeting its expectations:

Negotiations between Ngāi Tahu and the Crown

N

In 1990, the Crown entered into an interim agreement with Ngāi Tahu to safeguard surplus Crown lands for the future settlement of Ngāi Tahu’s claims:

O

The Crown accepted the thrust of the 1991 Waitangi Tribunal report, and, in consequence of that acceptance, in September 1991 the Crown and Ngāi Tahu entered into negotiations to seek resolution of the Ngāi Tahu grievances:

P

During the period 1991 to 1994, the Crown and Ngāi Tahu endeavoured to negotiate a settlement:

Q

Following the passing of the Te Runanga o Ngai Tahu Act 1996, Te Rūnanga o Ngāi Tahu, as defined in that Act, is recognised for all purposes as the representative of Ngāi Tahu Whānui pursuant to section 15 of that Act:

R

In 1996, the Crown and Ngāi Tahu negotiated in good faith in a further attempt to achieve a full and final settlement of Ngāi Tahu’s historic Treaty claims and to remove the continuing sense of grievance felt by Ngāi Tahu:

S

On 14 June 1996, the Crown and Te Rūnanga o Ngāi Tahu entered into a Deed of “On Account” Settlement, pursuant to which the Crown agreed to provide certain redress to Te Rūnanga o Ngāi Tahu on an “on account” basis as a sign of good faith and a demonstration of the Crown’s goodwill:

T

On 5 October 1996, the Crown and Te Rūnanga o Ngāi Tahu entered into a heads of agreement to record on a without prejudice basis the matters which they had agreed in principle should be contained in a deed of settlement to effect a settlement of Ngāi Tahu’s claims and their agreement to negotiate in good faith to settle the terms of the deed of settlement:

Settlement of claim

U

On 21 November 1997, the Crown and Te Rūnanga o Ngāi Tahu entered into the deed of settlement in which the Crown acknowledged that Ngāi Tahu suffered grave injustices which significantly impaired Ngāi Tahu’s economic, social and cultural development and which recorded the matters required to give effect to a settlement of all of Ngāi Tahu’s historical claims.

 
1 Short Title and commencement

(1)

This Act may be cited as the Ngāi Tahu Claims Settlement Act 1998.

(2)

This Act comes into force on the day on which an Order in Council is made by the Governor-General for that purpose on the recommendation of the Prime Minister.

(3)

The Prime Minister must not recommend the making of an Order in Council to bring this Act into force unless the Prime Minister has been advised by Te Rūnanga o Ngāi Tahu in writing that this Act is acceptable to Te Rūnanga o Ngāi Tahu.

(4)

Once the Prime Minister receives written advice from Te Rūnanga o Ngāi Tahu that this Act is acceptable to Te Rūnanga o Ngāi Tahu, within 20 business days of receiving that advice, the Prime Minister must recommend to the Governor-General in Executive Council that an Order in Council be made to bring this Act into force, and the Order in Council must be made.

Section 1(2): Ngāi Tahu Claims Settlement Act 1998 brought into force, on 1 October 1998, by the Ngāi Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295).

2 Expiry

If an Order in Council is not made under section 1(2) bringing this Act into force on or before the date which is 6 months after the day on which this Act receives the Royal assent, then this Act expires and is repealed at the close of that date.

3 Act to bind the Crown

This Act binds the Crown.

Part 1 Apology by the Crown to Ngāi Tahu

4 Apology

This Part records the apology given by the Crown to Ngāi Tahu in the deed of settlement.

5 Text in Māori

The text of the apology in Māori is as follows:

1

Kei te mōhio te Karauna i te tino roa o ngā tūpuna o Ngāi Tahu e totohe ana kia utu mai rātou e te Karauna—tata atu ki 150 ngā tau i puta ai tēnei pēpeha a Ngāi Tahu arā: “He mahi kai tākata, he mahi kai hoaka”. Nā te whai mahara o ngā tūpuna o Ngāi Tahu ki ngā āhuatanga o ngā kawenga a te Karauna i kawea ai e Matiaha Tiramōrehu tana petihana ki a Kuini Wikitoria i te tau 1857. I tuhia e Tiramōrehu tana petihana arā:

‘Koia nei te whakahau a tōu aroha i whiua e koe ki runga i ēnei kāwana... tērā kia whakakotahitia te ture, kia whakakotahitia ngā whakahau, kia ōrite ngā āhuatanga mō te kiri mā kia rite ki tō te kiri waitutu, me te whakatakoto i te aroha o tōu ngākau pai ki runga i te iwi Māori kia noho ngākau pai tonu ai rātou me te mau mahara tonu ki te mana o tōu ingoa.’

Nā konei te Karauna i whakaae ai tērā, te taumaha o ngā mahi a ngā tūpuna o Ngāi Tahu, nā rēira i tū whakaiti atu ai i nāianei i mua i ā rātou mokopuna.

2

E whakaae ana te Karauna ki tōna tino hēanga, tērā i takakino tāruaruatia e ia ngā kaupapa o te Tiriti o Waitangi i roto i āna hokonga mai i ngā whenua o Ngāi Tahu. Tēnā, ka whakaae anō te Karauna tērā i roto i ngā āhuatanga i takoto ki roto i ngā pukapuka ā-herenga whakaatu i aua hokonga mai, kāore te Karauna i whai whakaaro ki tāna hoa nā rāua rā i haina te Tiriti, kāore hoki ia i whai whakaaro ki te wehe ake i ētahi whenua hei whai oranga tinana, whai oranga ngākau rānei mō Ngāi Tahu.

3

E whakaae ana te Karauna tērā, i roto i tāna takakino i te wāhanga tuarua o te Tiriti, kāore ia i whai whakaaro ki te manaaki, ki te tiaki rānei i ngā mauanga whenua a Ngāi Tahu me ngā tino taonga i hiahia a Ngāi Tahu ki te pupuri.

4

E mōhio ana te Karauna tērā, kāore ia i whai whakaaro ki a Ngāi Tahu i runga i te ngākau pono o roto i ngā tikanga i pūtake mai i te mana o te Karauna. Nā tāua whakaaro kore a te Karauna i puaki mai ai tēnei pēpeha a Ngāi Tahu: “Te Hapa o Niu Tīreni”. E mōhio ana te Karauna i tāna hē ki te kaipono i ngā āhuatanga whai oranga mō Ngāi Tahu i noho pōhara noa ai te iwi ia whakatupuranga heke iho. Te whakatauākī i pūtake mai i aua āhuatanga: “Te mate o te iwi”.

5

E whakaae ana te Karauna tērā, mai rāno te piri pono o Ngāi Tahu ki te Karauna me te kawa pono a te iwi i ā rātou kawenga i raro i te Tiriti o Waitangi, pērā anō tō rātou piri atu ki raro i te Hoko Whitu a Tū i ngā wā o ngā pakanga nunui o te ao. E tino mihi ana te Karauna ki a Ngāi Tahu mō tōna ngākau pono mō te koha hoki a te iwi o Ngāi Tahu ki te katoa o Aotearoa.

6

E whakapuaki atu ana te Karauna ki te iwi whānui o Ngāi Tahu i te hōhonu o te āwhitu a te Karauna mō ngā mamaetanga, mō ngā whakawhiringa i pūtake mai nō roto i ngā takakino a te Karauna i takaongetia ai a Ngāi Tahu Whānui. E whakaae ana te Karauna tērā, aua mamaetanga me ngā whakawhiringa hoki i hua mai nō roto i ngā takakino a te Karauna, arā, kāore te Karauna i whai i ngā tohutohu a ngā pukapuka ā-herenga i tōna hokonga mai i ngā whenua o Ngāi Tahu, kāore hoki te Karauna i wehe ake kia rawaka he whenua mō te iwi, hei whakahaere mā rātou i ngā āhuatanga e whai oranga ai rātou, kāore hoki te Karauna i hanga i tētahi tikanga e maru motuhake ai te mana o Ngāi Tahu ki runga i ā rātou pounamu me ērā atu tāonga i hiahia te iwi ki te pupuri. Kore rawa te Karauna i aro ake ki ngā aurere a Ngāi Tahu.

7

E whakapāha ana te Karauna ki a Ngāi Tahu mō tōna hēanga, tērā, kāore ia i whai whakaaro mō te rangatiratanga o Ngāi Tahu, ki te mana rānei o Ngāi Tahu ki runga i ōna whenua ā-rohe o Te Wai Pounamu, nā rēira, i runga i ngā whakaritenga me ngā herenga a Te Tiriti o Waitangi, ka whakaae te Karauna ko Ngāi Tahu Whānui anō te tāngata whenua hei pupuri i te rangatiratanga o roto i ōna takiwā.

8

E ai mō ngā iwi katoa o Aotearoa e hiahia ana te Karauna ki te whakamārie i ngā hara kua whākina ake nei—otirā, ērā e taea i nāianei - i te mea kua āta tau ngā kōrero tūturu ki roto i te pukapuka ā-herenga whakaritenga i hainatia i te 21 o ngā rā o Whitu hei tīmatanga whai oranga i roto i te ao hōu o te mahinga tahi a te Karauna rāua ko Ngāi Tahu.

6 Text in English

The text of the apology in English is as follows:

1

The Crown recognises the protracted labours of the Ngāi Tahu ancestors in pursuit of their claims for redress and compensation against the Crown for nearly 150 years, as alluded to in the Ngāi Tahu proverb “He mahi kai tākata, he mahi kai hoaka” (“It is work that consumes people, as greenstone consumes sandstone”). The Ngāi Tahu understanding of the Crown’s responsibilities conveyed to Queen Victoria by Matiaha Tiramōrehu in a petition in 1857, guided the Ngāi Tahu ancestors. Tiramōrehu wrote:

‘This was the command thy love laid upon these Governors… that the law be made one, that the commandments be made one, that the nation be made one, that the white skin be made just equal with the dark skin, and to lay down the love of thy graciousness to the Māori that they dwell happily… and remember the power of thy name.’

The Crown hereby acknowledges the work of the Ngāi Tahu ancestors and makes this apology to them and to their descendants.

2

The Crown acknowledges that it acted unconscionably and in repeated breach of the principles of the Treaty of Waitangi in its dealings with Ngāi Tahu in the purchases of Ngāi Tahu land. The Crown further acknowledges that in relation to the deeds of purchase it has failed in most material respects to honour its obligations to Ngāi Tahu as its Treaty partner, while it also failed to set aside adequate lands for Ngāi Tahu’s use, and to provide adequate economic and social resources for Ngāi Tahu.

3

The Crown acknowledges that, in breach of Article Two of the Treaty, it failed to preserve and protect Ngāi Tahu’s use and ownership of such of their land and valued possessions as they wished to retain.

4

The Crown recognises that it has failed to act towards Ngāi Tahu reasonably and with the utmost good faith in a manner consistent with the honour of the Crown. That failure is referred to in the Ngāi Tahu saying “Te Hapa o Niu Tireni!” (“The unfulfilled promise of New Zealand”). The Crown further recognises that its failure always to act in good faith deprived Ngāi Tahu of the opportunity to develop and kept the tribe for several generations in a state of poverty, a state referred to in the proverb “Te mate o te iwi” (“The malaise of the tribe”).

5

The Crown recognises that Ngāi Tahu has been consistently loyal to the Crown, and that the tribe has honoured its obligations and responsibilities under the Treaty of Waitangi and duties as citizens of the nation, especially, but not exclusively, in their active service in all of the major conflicts up to the present time to which New Zealand has sent troops. The Crown pays tribute to Ngāi Tahu’s loyalty and to the contribution made by the tribe to the nation.

6

The Crown expresses its profound regret and apologises unreservedly to all members of Ngāi Tahu Whānui for the suffering and hardship caused to Ngāi Tahu, and for the harmful effects which resulted to the welfare, economy and development of Ngāi Tahu as a tribe. The Crown acknowledges that such suffering, hardship and harmful effects resulted from its failures to honour its obligations to Ngāi Tahu under the deeds of purchase whereby it acquired Ngāi Tahu lands, to set aside adequate lands for the tribe’s use, to allow reasonable access to traditional sources of food, to protect Ngāi Tahu’s rights to pounamu and such other valued possessions as the tribe wished to retain, or to remedy effectually Ngāi Tahu’s grievances.

7

The Crown apologises to Ngāi Tahu for its past failures to acknowledge Ngāi Tahu rangatiratanga and mana over the South Island lands within its boundaries, and, in fulfilment of its Treaty obligations, the Crown recognises Ngāi Tahu as the tāngata whenua of, and as holding rangatiratanga within, the Takiwā of Ngāi Tahu Whānui.

8

Accordingly, the Crown seeks on behalf of all New Zealanders to atone for these acknowledged injustices, so far as that is now possible, and, with the historical grievances finally settled as to matters set out in the Deed of Settlement signed on 21 November 1997, to begin the process of healing and to enter a new age of co-operation with Ngāi Tahu.

Part 2 Interpretation

7 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.

8 Interpretation of terms

In this Act, unless the context otherwise requires,—

administering body has the same meaning as in section 2 of the Reserves Act 1977

allocation plans means maps appended to the deed of settlement

ancillary claims has the meaning given to it in section 339

ancillary claims trustees has the meaning given to it in section 339

Aoraki forest has the meaning given to it in section 7 of the deed of settlement

Aoraki/Mount Cook has the meaning given to it in section 14

aquatic life has the same meaning as in section 2 of the Conservation Act 1987

area plan has the meaning given to it in section 102

attempt to dispose of relevant land has the meaning given to it in section 48

authorisation, for the purposes of sections 316 to 320, has the meaning given to it in section 315

available Crown forestry assets has the meaning given to it in section 7 of the deed of settlement

bed of Lake Mahināpua has the meaning given to it in section 191

bed of Muriwai (Coopers Lagoon) has the meaning given to it in section 183

bed of Te Waihora has the meaning given to it in section 167

benchmark terms has the meaning given to it in section 48

beneficiary has the meaning given to it in section 339

business day means the period of 9 am to 5 pm on any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(b)

a day in the period commencing with 25 December in any year and ending with the close of 5 January in the following year; and

(c)

the days observed as the anniversaries of the provinces of Wellington and Canterbury

charter means the charter of Te Rūnanga o Ngāi Tahu referred to in section 16 of Te Runanga o Ngai Tahu Act 1996

chief executive means the chief executive of Land Information New Zealand

claim property has the meaning given to it in section 339

coastal marine area has the same meaning as in section 2 of the Resource Management Act 1991

commencement date, for the purposes of sections 334 to 337, has the meaning given to it in section 333

commercial settlement property has the meaning given to it in section 44

committee, for the purposes of Part 13, has the meaning given to it in section 328

concession means a concession granted pursuant to either the Conservation Act 1987 or the National Parks Act 1989 or the Reserves Act 1977 or the Wildlife Act 1953

consent authority has the meaning given to it in section 205

conservation has the same meaning as in section 2 of the Conservation Act 1987

conservation area has the same meaning as in section 2 of the Conservation Act 1987

conservation board has the same meaning as in section 2 of the Conservation Act 1987

conservation management plan has the same meaning as in section 2 of the Conservation Act 1987

conservation management strategy has the same meaning as in section 2 of the Conservation Act 1987

Crown,—

(a)

except for the purposes of Part 9, means Her Majesty the Queen in right of New Zealand:

(b)

for the purposes of Part 9, has the same meaning as in section 2(1) of the Public Finance Act 1989

Crown body means the Crown (whether acting through a Minister of the Crown or otherwise) or a Crown entity, a State enterprise, or a mixed ownership model company, or a company that is wholly-owned by a Crown entity, a State enterprise, or a mixed ownership model company, and, for the purposes of Part 9, includes trustees to which section 50(j) applies and any person to whom section 50(m) applies

Crown entity has the same meaning as in section 2(1) of the Public Finance Act 1989 and, for the purposes of Part 9, includes the New Zealand Railways Corporation

Crown forest land has the meaning given to it in section 7 of the deed of settlement

Crown Forestry Rental Trust means the forestry rental trust established under the Crown Forest Assets Act 1989

Crown Tītī Islands has the meaning given to it in section 333

customary fishing entitlement has the meaning given to it in section 339

deed maps means maps appended to the deed of settlement

deed of gift has the meaning given to it in section 14

deed of recognition has the meaning given to it in section 205

deed of settlement means the deed of settlement executed on 21 November 1997 by the then Prime Minister the Right Honourable James Brendan Bolger, for the Crown, and Te Rūnanga o Ngāi Tahu, comprising the introduction and sections 1 to 20 and including the attachments to it and the deed maps and allocation plans appended to it and includes that deed of settlement as from time to time amended in accordance with its terms

Director-General has the same meaning as in section 2 of the Conservation Act 1987

disposal notice has the meaning given to it in section 48

dispose of relevant land has the meaning given to it in section 48

effective date,—

(a)

for the purposes of Part 10, has the meaning given to it in section 102; and

(b)

for the purposes of Part 12, has the meaning given to it in section 205

encumbrance, for the purposes of Parts 11, 13, 14, 15, and 17, has the meaning given to it in section 469

endangered species has the meaning given to it in section 287

entitlement area has the meaning given to it in section 371

entitlement land,—

(a)

for the purposes of Part 12, has the meaning given to it in section 255; and

(b)

for the purposes of Part 14, has the meaning given to it in section 354

escrow agent has the meaning given to it in section 14

exclusive economic zone has the same meaning as in section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

Fenton entitlement has the meaning given to it in section 339

Fenton reserves has the meaning given to it in section 354

Fiordland National Park means the Fiordland National Park established under the National Parks Act 1980

Fish and Game Council has the same meaning as in section 2 of the Conservation Act 1987

forestry asset has the meaning given to it in section 7 of the deed of settlement

forestry right has the meaning given to it in section 7 of the deed of settlement

freshwater has the same meaning as in section 2 of the Conservation Act 1987

freshwater fish has the same meaning as in section 2 of the Conservation Act 1987

gift areas has the meaning given to it in section 102

gift date has the meaning given to it in section 14

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2014

historic reserve has the same meaning as in section 18 of the Reserves Act 1977

historic resources has the same meaning as in section 2 of the Conservation Act 1987

holder,—

(a)

for the purposes of Part 12, has the meaning given to it in section 255; and

(b)

for the purposes of Part 14, has the meaning given to it in section 354

improvements, for the purposes of Part 7, has the meaning given to it in section 7 of the deed of settlement

individual transferable quota has the meaning given to it in section 297

joint management plan, for the purposes of Part 11, has the meaning given to it in section 167

Kahurangi National Park means the Kahurangi National Park established under the National Parks Act 1980

lake, for the purposes of sections 206 to 222 and Schedules 14 to 77, has the meaning given to it in section 205

land,—

(a)

for the purposes of Part 6, has the meaning given to it in section 29; and

(b)

for the purposes of Part 7, has the meaning given to it in section 7 of the deed of settlement

land holding agent,—

(a)

for the purposes of Part 12, has the meaning given to it in section 255; and

(b)

for the purposes of sections 355 to 370, has the meaning given to it in section 354; and

(c)

for the purposes of sections 372 to 386, has the meaning given to it in section 371

lease, for the purposes of Part 9, has the meaning given to it in section 48

leaseback conservation areas has the meaning given to it in section 102

licensed land has the meaning given to it in section 7 of the deed of settlement

mahinga kai, for the purposes of sections 177 to 182, has the meaning given to it in section 167

maimai has the meaning given to it in section 119

Māori freehold land has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993

Māori land has the same meaning as in section 2 of the Reserves Act 1977

Mararoa Valley area has the meaning given to it in section 102

marginal strip has the same meaning as in section 2 of the Conservation Act 1987

Māwhera Incorporation means the Proprietors of Māwhera constituted as a Māori incorporation pursuant to and subject to Part 4 of the Maori Affairs Amendment Act 1967 by clause 3(1) of the Māwhera Incorporation Order 1976 and continued pursuant to section 357 of Te Ture Whenua Maori Act 1993

memorials means resumptive memorials imposed on land under the State-Owned Enterprises Act 1986, the Education Act 1989, or the New Zealand Railways Corporation Restructuring Act 1990

Minister,—

(a)

for the purposes of Part 13, means the Minister of Conservation; and

(b)

for the purposes of Part 15, means the Minister in Charge of Treaty of Waitangi Negotiations

mixed ownership model company has the same meaning as in section 45P of the Public Finance Act 1989

Mount Cook National Park means the Mount Cook National Park established under the National Parks Act 1980

national park has the same meaning as in section 2 of the National Parks Act 1980

national park management plan means a management plan as defined in section 2 of the National Parks Act 1980

native game birds, for the purposes of sections 278 to 280, has the meaning given to it in section 277

natural resources has the same meaning as in section 2 of the Conservation Act 1987

nature reserve has the same meaning as in section 20 of the Reserves Act 1977

New Zealand Conservation Authority has the same meaning as in section 2 of the Conservation Act 1987

New Zealand Fish and Game Council has the same meaning as in section 2 of the Conservation Act 1987

New Zealand fisheries waters has the same meaning as in section 2 of the Fisheries Act 1996

Ngā Whenua Rāhui kawenata has the same meaning as in section 2 of the Reserves Act 1977

Ngāi Tahu ancillary claims trust has the meaning given to it in section 339

Ngāi Tahu claim area means the area shown on allocation plan NT 504 (SO 19900), being—

(a)

the takiwā of Ngāi Tahu Whānui; and

(b)

the coastal marine area adjacent to the coastal boundary of the takiwā of Ngāi Tahu Whānui; and

(c)

the New Zealand fisheries waters within the coastal marine area and exclusive economic zone adjacent to the seaward boundary of that coastal marine area;—

and, for the purposes of this definition, the northern sea boundaries of the coastal marine area have been determined using the equidistance principle, and the northern sea boundaries of the exclusive economic zone have been determined using the perpendicular to the meridian principle from the seaward boundary of the coastal marine area (with provision to exclude part of the New Zealand fisheries waters around the Chatham Islands)

Ngāi Tahu claimant means any of the following:

(a)

Te Rūnanga o Ngāi Tahu:

(b)

any claimant in respect of any ancillary claims:

(c)

Ngāi Tahu:

(d)

1 or more individuals, whānau, marae, hapū, or Papatipu Rūnanga of Ngāi Tahu:

(e)

any person acting on behalf of any of the above

Ngāi Tahu claims has the meaning given to it in section 10

Ngāi Tahu Crown forestry licence has the meaning given to it in section 7 of the deed of settlement

Ngāi Tahu historical claims means the claims referred to in section 10(1)⁠(b) and (c)

Ngāi Tahu recipient means—

(a)

any member of Ngāi Tahu Whānui (or any entity representing any such member); or

(b)

the ancillary claims trustees; or

(c)

any person nominated by Te Rūnanga o Ngāi Tahu under clause 20.9 of the deed of settlement—

to which any redress is provided, or any property is transferred, pursuant to the deed of settlement or in which any property is vested pursuant to this Act

Ngāi Tahu values has the meaning given to it in section 237

nohoanga entitlements has the meaning given to it in section 255

non-commercially harvested species has the meaning given to it in section 297

original beneficiaries has the meaning given to it in section 446

Papatipu Rūnanga means the Papatipu Rūnanga of Ngāi Tahu Whānui referred to in section 9 of Te Runanga o Ngai Tahu Act 1996

protection has the same meaning as in section 2 of the Conservation Act 1987

protocol has the meaning given to it in section 281

public valuer has the same meaning as in section 2 of the Valuers Act 1948

QMA has the meaning given to it in section 297

QMS has the meaning given to it in section 297

quota, for the purposes of Part 12, has the meaning given to it in section 297

Rakiura Māori has the meaning given to it in section 333

Rakiura Tītī Committee has the meaning given to it in section 333

recording officer has the same meaning as in regulation 2 of the Maori Assembled Owners Regulations 1995

recovery plan has the meaning given to it in section 287

recreation reserve has the same meaning as in section 17 of the Reserves Act 1977

Registrar means, in respect of a settlement property, the person holding office as Registrar-General of Land under section 4 of the Land Transfer Act 1952

relevant land, for the purposes of Part 9, has the meaning given to it in section 48

representative body, for the purposes of Part 14, has the meaning given to it in section 354

reserve has the same meaning as in section 2 of the Reserves Act 1977

resource consent has the meaning given to it in section 205

river, for the purposes of sections 206 to 222 and Schedules 14 to 77, has the meaning given to it in section 205

scenic reserve has the same meaning as in section 19 of the Reserves Act 1977

scientific reserve has the same meaning as in section 21 of the Reserves Act 1977

settlement means the settlement to be effected pursuant to the deed of settlement and this Act

settlement date means the date which is 15 business days after the date on which an Order in Council is made pursuant to section 1(2)

settlement property means a property or property interest which, pursuant to the deed of settlement,—

(a)

is to be transferred to, or vested in, a Ngāi Tahu recipient; or

(b)

Te Rūnanga o Ngāi Tahu may select to have transferred to, or vested in, a Ngāi Tahu recipient

Shellfish Species has the meaning given to it in section 297

Shellfish Species TACC has the meaning given to it in section 297

SILNA lands has the meaning given to it in section 446

sites, for the purposes of sections 231 to 236, has the meaning given to it in section 230

South Island fisheries waters has the meaning given to it in section 297

special land has the meaning given to it in section 48

special land notice has the meaning given to it in section 48

species recovery group has the meaning given to it in section 287

specified settlement property has the meaning given to it in section 469

State enterprise has the same meaning as in section 2 of the State-Owned Enterprises Act 1986

station areas has the meaning given to it in section 102

statutory acknowledgement has the meaning given to it in section 205

statutory adviser, for the purposes of sections 231 to 236, has the meaning given to it in section 230

statutory areas has the meaning given to it in section 205

subject areas has the meaning given to it in section 312

successor, for the purposes of Part 15, has the meaning given to it in section 446

successors, for the purposes of Part 14, has the meaning given to it in section 339

takiwā of Ngāi Tahu Whānui means the area identified as the takiwā of Ngāi Tahu Whānui in section 5 of Te Runanga o Ngai Tahu Act 1996

taonga fish species has the meaning given to it in section 297

taonga species has the meaning given to it in section 287

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

threatened species has the meaning given to it in section 287

Tōpuni has the meaning given to it in section 237

total allowable commercial catch has the meaning given to it in section 297

transfer value, for the purposes of Part 11, has the meaning given to it in section 138

trees, for the purposes of Part 7, has the same meaning as in section 7 of the deed of settlement

tribal properties, for the purposes of Part 11, has the meaning given to it in section 138

trust deed has the meaning given to it in section 339

vesting date has the meaning given to it in section 14

waterway, for the purposes of Parts 12 and 14, means—

(a)

a lake, being a body of fresh water which is entirely or nearly surrounded by land; or

(b)

a river, being a continually or intermittently flowing body of fresh water, and includes a stream and modified water course, but does not include any artificial water course (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal)

wetland, for the purposes of sections 206 to 222 and Schedules 14 to 77, has the meaning given to it in section 205

wildlife has the same meaning as in section 2 of the Wildlife Act 1953

working day has the meaning given to it in section 48.

Section 8 Crown body: amended, on 30 June 2012, by section 11 of the Public Finance (Mixed Ownership Model) Amendment Act 2012 (2012 No 45).

Section 8 District Land Registrar: repealed, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Section 8 Heritage New Zealand Pouhere Taonga: inserted, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 8 mixed ownership model company: inserted, on 30 June 2012, by section 11 of the Public Finance (Mixed Ownership Model) Amendment Act 2012 (2012 No 45).

Section 8 Registrar: inserted, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

9 Meaning of Ngāi Tahu and Ngāi Tahu Whānui

(1)

For the purposes of this Act and any other enactment, unless the context otherwise requires, Ngāi Tahu and Ngāi Tahu Whānui each means the collective of individuals who descend from the primary hapū of Waitaha, Ngāti Mamoe, and Ngāi Tahu, namely Kāti Kurī, Kāti Irakehu, Kāti Huirapa, Ngāi Tuahuriri, and Kai Te Ruahikihiki.

(2)

Amendment(s) incorporated in the Act(s).

10 Meaning of Ngāi Tahu claims

(1)

In this Act, Ngāi Tahu claims

(a)

means all claims made at any time by any Ngāi Tahu claimant and—

(i)

founded on rights arising in or by the Treaty of Waitangi, the principles of the Treaty of Waitangi, statute, common law (including customary law and aboriginal title), fiduciary duty, or otherwise; and

(ii)

arising out of or relating to any loss of interests in land, water, rivers, harbours, coastal marine areas, minerals, forests, or any natural and physical resources in the Ngāi Tahu claim area, caused by acts or omissions by or on behalf of the Crown or by or under legislation, being a loss that occurred before 21 September 1992—

whether or not the claims have been researched, registered, or notified; and

(b)

includes all of the claims made by Ngāi Tahu against the Crown arising from those historical grievances of Ngāi Tahu which are referred to in the following Ngāi Tahu Wai 27 claims to the Waitangi Tribunal:

(i)

general claim of 26 August 1986:

(ii)

amended claim of 24 November 1986:

(iii)

amended claim of 16 December 1986:

(iv)

amended claim of 2 June 1987:

(v)

amended claim of 5 September 1987:

(vi)

amended claim of 13 April 1988:

(vii)

amended claim of 20 December 1994:

(viii)

amended claim of 12 June 1995:

(ix)

amended claim of 6 July 1995:

(x)

amended statement of claim of 7 May 1996; and

(c)

includes all Wai 27 ancillary claims made to the Waitangi Tribunal; and

(d)

includes the claims to the Waitangi Tribunal designated Wai 189, Wai 322, Wai 324, Wai 348, Wai 380, Wai 482, Wai 498, Wai 597, Wai 618, and Wai 622; but

(e)

excludes the claim to the Waitangi Tribunal designated Wai 158, but such exclusion does not apply to any part of Wai 158 that might relate to the original allocation of land under the South Island Landless Natives Act 1906, being a matter dealt with in the Wai 27 claims referred to in paragraph (b); and

(f)

excludes claims, insofar as they relate to language and culture, which are not claims which come within paragraphs (a) to (d).

(2)

In subsection (1),—

interest includes any legal or equitable right, title, power, privilege, or benefit

loss, in relation to any of the interests referred to in subsection (1)⁠(a)⁠(ii), includes extinguishment of, diminution of, or adverse effect on, any such interest

natural and physical resources has the same meaning as in section 2 of the Resource Management Act 1991.

11 Maori Reserved Land Act 1955

Nothing in this Act or in the deed of settlement prevents any Ngāi Tahu claimant from receiving redress under the Maori Reserved Land Act 1955 or other legislation which addresses the grievances intended to be addressed by that Act.

12 Parts of speech and grammatical forms

Parts of speech and grammatical forms of a word that is defined in this Act have corresponding meanings in this Act.

Part 3 Aoraki/Mount Cook

13 Purpose of this Part

The purpose of this Part is to provide for the legislative matters contemplated by section 3 (Aoraki/Mount Cook) of the deed of settlement.

14 Interpretation

In this Part,—

Aoraki/Mount Cook means the mountain known as Aoraki or Mount Cook, being the land which lies within the Mount Cook National Park and which is identified as Aoraki on Allocation Plan MS 1 (SO 19831)

deed of gift means the deed of gift referred to in clause 3.3 of the deed of settlement

escrow agent means the escrow agent appointed on the terms set out in clause 3.5 of the deed of settlement

gift date means the day which is 7 days after the vesting date

Mount Cook National Park means the Mount Cook National Park established under the National Parks Act 1980

vesting date means such date as Te Rūnanga o Ngāi Tahu and the Crown, through the Prime Minister, agree.

15 Vesting of Aoraki/Mount Cook in Te Rūnanga o Ngāi Tahu

(1)

The Prime Minister must recommend to the Governor-General before the vesting date that an Order in Council be made pursuant to subsection (2).

(2)

The Governor-General, by Order in Council made on the recommendation of the Prime Minister, must vest the fee simple estate in Aoraki/Mount Cook in Te Rūnanga o Ngāi Tahu on the vesting date.

(3)

An Order in Council made pursuant to subsection (2) takes effect notwithstanding anything in the National Parks Act 1980, section 11 and Part 10 of the Resource Management Act 1991, or any other enactment.

16 Gift of Aoraki/Mount Cook by Te Rūnanga o Ngāi Tahu

(1)

Te Rūnanga o Ngāi Tahu must deliver to the Prime Minister or the Prime Minister’s nominee on the gift date the deed of gift, duly executed by Te Rūnanga o Ngāi Tahu.

(2)

Upon delivery to the Prime Minister or the Prime Minister’s nominee of the deed of gift referred to in subsection (1) on the gift date, the fee simple estate in Aoraki/Mount Cook vested in Te Rūnanga o Ngāi Tahu by the Order in Council referred to in section 15 vests in the Crown, in order to give effect to the gift made by Te Rūnanga o Ngāi Tahu to the Crown on behalf of the people of New Zealand.

(3)

If, for any reason, the deed of gift referred to in subsection (1) is not delivered to the Prime Minister by 3 pm on the gift date, the escrow agent must deliver to the Prime Minister or the Prime Minister’s nominee the executed counterpart of that deed of gift, upon receipt by the escrow agent of a notice to that effect from the Prime Minister or the Prime Minister’s nominee.

(4)

In the event that the escrow agent delivers the executed counterpart of the deed of gift to the Prime Minister or the Prime Minister’s nominee pursuant to subsection (3), subsection (2) applies as if the deed of gift referred to in subsection (1) had been delivered to the Prime Minister or the Prime Minister’s nominee pursuant to that subsection.

17 Certain laws not affected

Aoraki/Mount Cook is and remains part of the Mount Cook National Park, and every regulation, lease, licence, and other instrument in effect immediately before the vesting date in respect of the Mount Cook National Park under the National Parks Act 1980 or any other enactment has uninterrupted effect, on and from the vesting date as if Aoraki/Mount Cook had remained Crown land at all times, notwithstanding—

(a)

section 7(1)⁠(a) of the National Parks Act 1980 and any other enactment; and

(b)

the vesting referred to in section 15; and

(c)

the gift back referred to in section 16; and

(d)

the fact that Aoraki/Mount Cook is vested in Te Rūnanga o Ngāi Tahu during the period on and from the vesting date to the gift date.

18 No gift duty

No gift duty is payable in respect of the gifting of Aoraki/Mount Cook pursuant to section 16.

Part 4 Transfer and vesting of settlement properties

19 Purpose of this Part

The purpose of this Part is to provide for certain legislative matters required to facilitate the transfer or vesting of settlement properties by the Crown pursuant to the deed of settlement.

20 Transfer and vesting of settlement properties

(1)

Notwithstanding any other enactment or rule of law, for the purposes of giving effect to the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do any 1 or more of the following:

(a)

purchase or otherwise acquire any settlement property from a Crown body:

(b)

grant or take a lease of any settlement property to or from any Crown body:

(c)

transfer any settlement property to any Ngāi Tahu recipient:

(d)

sign any memorandum of transfer or lease, or any other document, or do any other thing for the purposes of any such purchase, acquisition, lease, or transfer.

(2)

Except as expressly provided otherwise in, or by operation of, this Act, section 40 of the Public Works Act 1981 (but not sections 41 and 42 of that Act), and that section as applied by any other Act, applies to the transfer of any settlement property pursuant to subsection (1)⁠(c).

(3)

Except as expressly provided otherwise in, or by operation of, this Act, nothing in subsection (1) limits—

(a)

subsections (4) and (5); or

(b)

sections 10 and 11 of the Crown Minerals Act 1991; or

(c)

any other reservation made by any enactment or statutory instrument; or

(d)

any other enactment which must be complied with before any disposal.

(4)

Notwithstanding section 40 of the Public Works Act 1981, the chief executive is not required by that section to offer to sell to a Crown body any settlement property acquired from that Crown body pursuant to section 21; but this subsection does not limit any obligation of that chief executive under that section or any other enactment to offer to sell such a settlement property to any other person.

(5)

Nothing in the Land Act 1948 applies to any settlement property that is to be transferred from a Crown body to another Crown body or to a Ngāi Tahu recipient, or vested in a Ngāi Tahu recipient, for the purposes of giving effect to the deed of settlement.

(6)

Nothing in the Land Act 1948 restricts the period for which a lease may be granted pursuant to subsection (1)⁠(b).

(7)

The permission of a council (within the meaning of Part 21 of the Local Government Act 1974) is not required for the laying out, or forming of, any private road or private way, or for the granting or reserving of a right of way over any private way, required for the purposes of, or incidental to, the deed of settlement.

(8)

Sections 24 and 25 of the Reserves Act 1977 do not apply to a revocation of a reserve which is a settlement property to give effect to the deed of settlement.

(9)

Except as expressly provided in this Act, where the reservation of land as a reserve is revoked by this Act, the land vests in the Crown.

(10)

Where—

(a)

a settlement property is transferred to a Ngāi Tahu recipient pursuant to the deed of settlement; and

(b)

the settlement property is transferred subject to any lease between the Crown or any Minister of the Crown, as lessor, and another person, as lessee,—

then any reference to the Crown or a Minister of the Crown in that lease is deemed to be a reference to the owner for the time being of the lessor’s interest.

(11)

In this section and in section 21, Crown body includes a body that was a Crown body on 21 November 1997 and also includes Telecom Corporation of New Zealand Limited, and any company which is a subsidiary of Telecom Corporation of New Zealand Limited.

21 Power of the Crown to acquire property compulsorily for purpose of settlement

(1)

Where the Crown is obliged by the deed of settlement to transfer to a Ngāi Tahu recipient, or where this Act provides for the vesting in a Ngāi Tahu recipient of, a settlement property to which this section applies, the Minister of the Crown for the time being responsible for the administration of the Land Act 1948 may, after consultation with—

(a)

any Minister of the Crown for the time being responsible for a Crown body which is the owner of the settlement property; and

(b)

any Minister of the Crown who is a shareholder of such a body,—

acquire the property pursuant to Part 2 of the Public Works Act 1981 as if the property were land required for both government work and a public work, and Parts 2, 4, 5, 6, and 7 and Schedules 1, 3, 4, and 5 of that Act, subject to the modifications set out in Schedule 3 and to all other necessary modifications, apply accordingly.

(2)

The settlement properties to which subsection (1) applies are the properties of a Crown body.

(3)

The existence on the certificate of title to any settlement property acquired pursuant to subsection (1) of a memorial pursuant to any of the enactments referred to in section 463 must not be taken into account in any assessment of compensation made pursuant to the Public Works Act 1981 in relation to the acquisition of that settlement property.

(4)

Where a lease of a settlement property acquired pursuant to subsection (1) has been, or is to be, granted to the body from whom the property is acquired, that lease must be taken into account in any assessment of compensation made pursuant to the Public Works Act 1981 in relation to the acquisition of that settlement property.

(5)

In this section, Crown body has the meaning given to it in section 20(11).

Part 5 Transfer of commercial properties—Subject to deferred selection

22 Purpose of this Part

The purpose of this Part is to provide for the legislative matters contemplated by section 5 (transfer of commercial properties—subject to deferred selection) of the deed of settlement.

23 Hagley Nurses Home

(1)

In this section, Hagley Nurses Home means the property described by that name in Schedule 4.

(2)

Notwithstanding section 3 of the Christchurch Hospital Amendment Act 1928, the Crown may purchase or otherwise acquire, and may transfer to any Ngāi Tahu recipient, the Hagley Nurses Home for the purposes of the deed of settlement and, on such transfer,—

(a)

that section of that Act is repealed; and

(b)

the trust created by that section is cancelled; and

(c)

the fee simple estate in the Hagley Nurses Home is free of that trust and any other limitation imposed by that Act or the Christchurch Hospital Act 1887.

(3)

On transfer of the Hagley Nurses Home to a Ngāi Tahu recipient pursuant to the deed of settlement and on receipt by the Registrar of a registrable memorandum of transfer, the Registrar must, without fee to the registered proprietor or the Ngāi Tahu recipient, note on the certificate of title to the Hagley Nurses Home, the words “No longer held in trust for a nurses’ home and recreation ground subject to the provisions of section 3(2) of the Christchurch Hospital Amendment Act 1928.”

Section 23(3): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

24 Christchurch Court

(1)

In this section, Christchurch Court means the property described by that name in Schedule 4.

(2)

If the Christchurch Court is transferred pursuant to the deed of settlement,—

(a)

Part 4A of the Conservation Act 1987 does not apply to the transfer; and

(b)

the Ngāi Tahu recipient must grant and do all other things necessary to create, in accordance with section 237B of the Resource Management Act 1991, an easement for an access strip over that part of Christchurch Court marked “Proposed ROW on Foot in Gross in favour of CCC” on Deed Map C8.

25 Isle Street property

(1)

In this section and section 27, Isle Street property means the property described by that name in Schedule 4.

(2)

If Te Rūnanga o Ngāi Tahu selects the Isle Street property and complies with its settlement obligations in respect of the Isle Street property,—

(a)

the appointment of the Queenstown Lakes District Council to control and manage the Isle Street property as a reserve is revoked; and

(b)

the reservation of the Isle Street property as a reserve is revoked.

(3)

As soon as reasonably practicable after the conditions in subsection (2) are met, the chief executive must notify that fact in the Gazette.

26 Wanaka plantation

(1)

In this section and section 27, Wanaka plantation means the property described by that name in Schedule 4.

(2)

If Te Rūnanga o Ngāi Tahu selects the Wanaka plantation and complies with its settlement obligations in respect of the Wanaka plantation, then the reservation of the Wanaka plantation as a reserve is revoked.

(3)

As soon as reasonably practicable after the conditions in subsection (2) are met, the chief executive must notify that fact in the Gazette.

27 Notice to Queenstown Lakes District Council

(1)

The Minister of Conservation may, from time to time by written notice to the Queenstown Lakes District Council, direct the Council to do anything that is necessary to enable the Crown to comply with its obligations to Te Rūnanga o Ngāi Tahu under the deed of settlement in respect of the Isle Street property and the Wanaka plantation.

(2)

The Queenstown Lakes District Council must comply with a notice given under subsection (1).

Part 6 Transfer of farm assets

28 Purpose of this Part

The purpose of this Part is to provide for the legislative matters contemplated by section 6 (transfer of farm assets) of the deed of settlement.

29 Interpretation

In this Part,—

Fiordland National Park means the Fiordland National Park established under the National Parks Act 1980

Site A means the land in the Southland Land District comprising 54.3800 hectares, more or less, being part Fiordland National Park situated in Block X, Te Anau Survey District, being part of the land described in the Fiordland National Park Order 1978 and marked “A” on SO 11756

Site B means the land in the Southland Land District comprising 9.2380 hectares, more or less, being part Fiordland National Park situated in Block IV, Te Anau Survey District, being part of the land described in the Fiordland National Park Order 1978 and marked “A” on SO 11190.

30 Land excluded from Fiordland National Park

(1)

Site A and Site B are excluded from the Fiordland National Park.

(2)

The fee simple estate in Site A and in Site B is vested in Landcorp Farming Limited.

(3)

Site A is included with the land comprised and described in certificate of title 10A/456 (Southland Land Registry).

(4)

Site B is included with the land comprised and described in certificate of title 10A/448 (Southland Land Registry).

(5)

The Registrar must make entries in the register and do all the things necessary to give effect to this section.

Section 30(5): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Part 7 Transfer of forestry assets

31 Purpose of this Part

The purpose of this Part is to provide for the legislative matters contemplated by section 7 (transfer of forestry assets) of the deed of settlement.

32 Interpretation

In this Part, the following terms have the meaning given to them in section 7 of the deed of settlement:

(a)

Aoraki forest:

(b)

available Crown forestry assets:

(c)

Crown forest land:

(d)

forestry asset:

(e)

forestry right:

(f)

improvements:

(g)

land:

(h)

licensed land:

(i)

Ngāi Tahu Crown forestry licence:

(j)

trees.

33 Certain transfers and grants not subdivisions

Nothing in section 11 and Part 10 of the Resource Management Act 1991 applies to—

(a)

a transfer of forestry assets pursuant to section 7 of the deed of settlement; or

(b)

a grant of forestry rights over trees in the Aoraki forests pursuant to section 7 of the deed of settlement.

34 Transfer of Crown forest land to Ngāi Tahu recipient

(1)

In this section, Crown Forestry Rental Trust Deed means the trust deed made on 30 April 1990 establishing a forestry rental trust pursuant to section 34 of the Crown Forest Assets Act 1989.

(2)

Crown forest land that is not licensed land and that is to be transferred to a Ngāi Tahu recipient pursuant to clause 7.3.13 of the deed of settlement is deemed to be licensed land for the purposes of section 8HB of the Treaty of Waitangi Act 1975.

(3)

The transfer of Crown forest land pursuant to clause 7.3.13 of the deed of settlement is deemed to have been made pursuant to a final recommendation of the Waitangi Tribunal under section 8HB(1)⁠(a) of the Treaty of Waitangi Act 1975 for the return of the land to Māori ownership so that, without limiting the effect of that deemed recommendation, the provisions of the Crown Forestry Rental Trust Deed and paragraph 4 of attachment 7.5 of the deed of settlement apply to give effect to section 7 of the deed of settlement.

(4)

Section 36(1)⁠(b) of the Crown Forest Assets Act 1989 does not apply to the transfer of Crown forest land pursuant to clause 7.3.13 of the deed of settlement.

(5)

Section 11(2) of the Crown Forest Assets Act 1989 does not apply to the transfer of trees and improvements to a Ngāi Tahu recipient pursuant to the deed of settlement if the land on which those assets are situated is also transferred to a Ngāi Tahu recipient pursuant to the deed of settlement.

35 Crown forest land not transferred to Te Rūnanga o Ngāi Tahu

Licensed land that is an available Crown forestry asset and that is not transferred pursuant to clause 7.3.13 of the deed of settlement is deemed to have been the subject of a final recommendation by the Waitangi Tribunal pursuant to section 8HB(1)⁠(b) of the Treaty of Waitangi Act 1975 that the land not be liable to return to Māori ownership.

36 Transfer of Aoraki forest land

(1)

This section applies if land relating to Aoraki forests is transferred pursuant to clause 7.3.13 of the deed of settlement, but trees and improvements on the land are retained by the Crown.

(2)

At the time of a transfer pursuant to subsection (1), the Crown may reserve, or if not so reserved, the Ngāi Tahu recipient to whom the land is transferred must grant to the Crown, a Ngāi Tahu Crown forestry licence.

(3)

The terms and conditions of a Ngāi Tahu Crown forestry licence reserved or granted pursuant to subsection (2) must be determined in accordance with clause 7.3.7 and clauses 7.3.9 to 7.3.11 of the deed of settlement.

(4)

If the terms and conditions as determined pursuant to subsection (3) vary from the terms and conditions set out in the Crown Forest Assets Act 1989, the terms and conditions as determined prevail.

(5)

The trees and improvements referred to in subsection (1) are to be regarded as assets separate from the land referred to in subsection (1) and capable of separate ownership.

37 Transfer of Aoraki forest trees and improvements

(1)

This section applies if trees and improvements on land relating to Aoraki forests are transferred pursuant to clause 7.3.13 of the deed of settlement, but the land on which those trees and improvements are situated is not so transferred.

(2)

The Crown must grant a Ngāi Tahu Crown forestry licence to a Ngāi Tahu recipient in respect of the land referred to in subsection (1).

(3)

The terms and conditions of a Ngāi Tahu Crown forestry licence granted pursuant to subsection (2) must be determined in accordance with clause 7.3.7 and clauses 7.3.9 to 7.3.11 of the deed of settlement.

(4)

If the terms and conditions as determined pursuant to subsection (3) vary from the terms and conditions set out in the Crown Forest Assets Act 1989, the terms and conditions as determined prevail.

(5)

Sections 18 to 28 and section 34 of the Crown Forest Assets Act 1989 do not apply to a Ngāi Tahu Crown forestry licence granted pursuant to subsection (2).

(6)

The trees and improvements referred to in subsection (1) are to be regarded as assets separate from the land referred to in subsection (1) and capable of separate ownership.

38 Disposition of Crown forest land

(1)

The Crown may sell or dispose of Crown forest land (whether licensed land or not) that is an available Crown forestry asset and that does not become a forestry asset pursuant to clause 7.3.11 of the deed of settlement.

(2)

Subsection (1) applies notwithstanding sections 35 and 37 of the Crown Forest Assets Act 1989, but subject to section 8 of the deed of settlement and Part 9.

39 Covenants to complete survey work

(1)

The Crown may grant covenants, such as those contained in clause 4.3 of Part II of attachment 7.6 of the deed of settlement, for the purpose of facilitating the completion of a survey, deposit of any survey plan, or the adducing of clear title, in relation to a forestry asset that is to be transferred pursuant to the deed of settlement.

(2)

Notwithstanding any enactment or rule of law, a covenant granted pursuant to subsection (1) may be registered with the Registrar pursuant to section 129A of the Property Law Act 1952 and, whether registered or not, has effect and is enforceable even if the covenant is positive or there is no dominant tenement.

Section 39(2): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

40 Section 24H(6) of Conservation Act 1987 to apply

Section 24H(6) of the Conservation Act 1987 applies to—

(a)

a Ngāi Tahu recipient in relation to any land and trees acquired from the Crown by that Ngāi Tahu recipient pursuant to the deed of settlement; and

(b)

the holder of a Ngāi Tahu Crown forestry licence granted pursuant to sections 36 or 37.

41 Easements

(1)

The Minister of Conservation may grant any easements which the Minister is required to grant to enable the Crown to comply with clause 4.7 of attachment 7.6 of the deed of settlement.

(2)

An easement granted pursuant to subsection (1) is enforceable in accordance with its terms, notwithstanding Part 3B of the Conservation Act 1987.

42 Delegation

Amendment(s) incorporated in the Act(s).

Part 8 Transfer of assets—General

43 Purpose of this Part

The purpose of this Part is to provide for the legislative matters contemplated by section 8 (transfer of assets—general) of the deed of settlement.

44 Interpretation

In this Part, commercial settlement property means a settlement property which is to be, or which Te Rūnanga o Ngāi Tahu may select to be, transferred to a Ngāi Tahu recipient pursuant to sections 4 to 6 and section 8 of the deed of settlement.

45 Certain dispositions not subdivisions

Nothing in section 11 and Part 10 of the Resource Management Act 1991 applies to—

(a)

the transfer of a commercial settlement property for the purpose of giving effect to the deed of settlement; or

(b)

the lease of a commercial settlement property; or

(c)

any matter incidental to, or required for the purpose of, a transfer or lease of a commercial settlement property for the purpose of giving effect to the deed of settlement.

46 Issue of certificates of title

Where the fee simple estate in any commercial settlement property for which no certificate of title has been issued under the Land Transfer Act 1952

(a)

is vested in, or held by, the Crown; but

(b)

is to be acquired by, or transferred to, a Ngāi Tahu recipient pursuant to the deed of settlement,—

then, notwithstanding any other enactment or rule of law, the Registrar must, at the request of the Commissioner of Crown Lands and after completion of such survey (if any) as may be necessary, issue a certificate of title under the Land Transfer Act 1952 for the fee simple estate in the commercial settlement property in the name of the Crown, and that certificate of title is subject to, and has the benefit of, any relevant easements, encumbrances, restrictions, and other interests, details of which must be set out in the request of the Commissioner.

Section 46: amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Part 9 Right of first refusal

47 Purpose of this Part

The purpose of this Part is to provide for the legislative matters contemplated by section 9 (rights of first refusal) of the deed of settlement.

48 Interpretation

(1)

In this Part, unless the context otherwise requires,—

attempt to dispose of relevant land means—

(a)

to make an offer to dispose of relevant land to another person; or

(b)

to encourage or invite another person to make an offer to take a disposal of relevant land; or

(c)

to encourage or invite another person to express an interest in taking a disposal of relevant land; or

(d)

to make a counter offer to, or negotiate with, another person about any offer to take a disposal of relevant land

benchmark terms means the more favourable of the following sets of terms:

(a)

the terms set out in a disposal notice or a notice given pursuant to section 65; or

(b)

the terms of the last of any written offers subsequently made by Te Rūnanga o Ngāi Tahu during the 1-month period specified in section 66

Crown has the same meaning as in section 2(1) of the Public Finance Act 1989

Crown body

(a)

means the Crown (whether acting through a Minister of the Crown or otherwise), a Crown entity, a State enterprise, a mixed ownership model company, or a company that is wholly-owned by a Crown entity, a State enterprise, or a mixed ownership model company; and

(b)

includes—

(i)

trustees to which section 50(j) applies; and

(ii)

any person to whom section 50(m) applies

Crown entity has the same meaning as in section 2(1) of the Public Finance Act 1989; and includes the New Zealand Railways Corporation

disposal notice means a notice given pursuant to section 56(1)⁠(b)⁠(iii)

dispose of relevant land

(a)

means—

(i)

to transfer the estate in fee simple of relevant land; or

(ii)

to assign, transfer, or surrender a lease of relevant land if the unexpired term of the lease (including rights of renewal or extensions, whether in the lease or granted separately) is, or could be, for 50 years or longer; or

(iii)

to grant a lease of relevant land if the term of the lease (including rights of renewal or extensions, whether in the lease or granted separately) is, or could be, for 50 years or longer; or

(iv)

in the case of Landcorp Farming Limited or a company that is wholly-owned by Landcorp Farming Limited, to assign the right to receive any instalments payable under section 65 of the Land Act 1948 in respect of any relevant land; but

(b)

does not include the vesting of a reserve—

(i)

under section 26 or section 26A of the Reserves Act 1977; or

(ii)

under another Act, if—

(A)

the reserve is vested in another person to hold and administer as a reserve under the Reserves Act 1977; and

(B)

the reserve would revest in the Crown if its status as a reserve were subsequently revoked

lease includes a concession in the form of a lease, and any right that grants exclusive possession

mixed ownership model company has the same meaning as in section 45P of the Public Finance Act 1989

public valuer has the same meaning as in section 2 of the Valuers Act 1948

relevant land means—

(a)

that land of The Power Company Limited described in Schedule 5:

(b)

the land in the Ngāi Tahu claim area that on 21 November 1997 was, and on the commencement of this Act, still is,—

(i)

vested in the Crown or held by the Crown under any Act; or

(ii)

vested in another person under section 26 or section 26A of the Reserves Act 1977; or

(iii)

vested in another person under another Act, if—

(A)

the land is vested in another person to hold and administer as a reserve under the Reserves Act 1977; and

(B)

the land would revest in the Crown if its status as a reserve were subsequently revoked:

(c)

the land in the Ngāi Tahu claim area in respect of which the registered proprietor, or the person entitled to be the registered proprietor, of an estate in fee simple or of a leasehold estate in respect of a lease the unexpired term of which (including rights of renewal or of extensions, whether in the lease or granted separately) is, or could be, for 50 years or longer, was on 21 November 1997 and, on the commencement of this Act, still is—

(i)

a Crown health enterprise; or

(ii)

a Crown research institute; or

(iii)

an institution established under Part 14 of the Education Act 1989; or

(iv)

Landcorp Farming Limited or a company that is wholly-owned by Landcorp Farming Limited; or

(v)

the New Zealand Fire Service Commission; or

(vi)

New Zealand Transport Agency:

(d)

land forming the consideration or part consideration for a disposal referred to in section 50(g) or (k); and

(e)

land included in the processes set out in sections 5 to 7 of the deed of settlement other than—

(i)

land that Te Rūnanga o Ngāi Tahu acquires pursuant to those processes; and

(ii)

land in respect of which the Office of Treaty Settlements is the Vendor Agency specified in the last column of attachment 5.1 of the deed of settlement

special land means relevant land that is classified as special land pursuant to section 58(1) or section 63(1)

special land notice means a notice given pursuant to section 56(1)⁠(b) containing the certificate referred to in section 56(1)⁠(b)⁠(iv)

working day means any day other than:

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year.

(2)

For the purposes of this Part, terms of disposal or of a contract or offer to dispose of relevant land are more favourable compared to other terms of disposal or of a contract or offer to dispose of relevant land if, from a purchaser’s point of view, the first-mentioned terms of disposal or of the contract or offer to dispose of the relevant land (taken as a whole and including price) are more favourable compared to the second-mentioned terms of disposal or the contract or offer to dispose of the relevant land (taken as a whole and including price).

Section 48(1) dispose of relevant land paragraph (a)⁠(iv): amended, on 12 April 2001, by clause 4 of the State-Owned Enterprises (Landcorp Farming Limited) Order 2001 (SR 2001/23).

Section 48(1) Crown body paragraph (a): amended, on 30 June 2012, by section 11 of the Public Finance (Mixed Ownership Model) Amendment Act 2012 (2012 No 45).

Section 48(1) mixed ownership model company: inserted, on 30 June 2012, by section 11 of the Public Finance (Mixed Ownership Model) Amendment Act 2012 (2012 No 45).

Section 48(1) relevant land paragraph (c)⁠(iv): amended, on 12 April 2001, by clause 4 of the State-Owned Enterprises (Landcorp Farming Limited) Order 2001 (SR 2001/23).

Section 48(1) relevant land paragraph (c)⁠(vi): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 48(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

49 Relevant land not to be disposed of except in accordance with this Part

A Crown body (or a body that was a Crown body on 21 November 1997 or, if later, on the date which the body first acquired the relevant land concerned) must not dispose of or attempt to dispose of any relevant land except in accordance with this Part.

50 Exceptions

Section 49 does not apply to the disposal or attempted disposal of relevant land to—

(a)

another Crown body; or

(b)

Te Rūnanga o Ngāi Tahu or another person to give effect to the deed of settlement; or

(c)

a person who is entitled to receive an offer made pursuant to:

(i)

section 207(4) of the Education Act 1989; or

(ii)

section 23(1) or section 24(4) of the New Zealand Railways Corporation Restructuring Act 1990; or

(iii)

section 40 of the Public Works Act 1981 or that section as applied by any other Act; or

(d)

the existing tenant of a house on relevant land that is—

(i)

land held on 21 November 1997 for education purposes by the Crown; or

(ii)

land held by a Crown body which, on 21 November 1997, had a policy under which houses that are to be sold are first offered for purchase by the existing tenants; or

(e)

a person who, immediately before the disposal, holds a legal right created on or before 21 November 1997 to purchase the land or to be granted a lease of the land or be offered the opportunity to purchase or lease the land; or

(f)

a person who, immediately before the disposal, holds a legal right created on or before 21 November 1997 to purchase the land under the terms of any gift, endowment, or trust relating to the land, or pursuant to any Act or rule of law; or

(g)

a person to whom the land is being disposed of pursuant to—

(i)

section 16A of the Conservation Act 1987; or

(ii)

section 24E of the Conservation Act 1987; or

(iii)

section 15 of the Reserves Act 1977; or

(iv)

an Act of Parliament that—

(A)

excludes the land from a national park within the meaning of the National Parks Act 1980; and

(B)

authorises the land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987 or the National Parks Act 1980 or the Reserves Act 1977; or

(h)

a person to whom the relevant land is being disposed of pursuant to section 93(4) of the Land Act 1948; or

(i)

a person who was, prior to the date of disposal, the lessee of the relevant land under a lease granted pursuant to—

(i)

section 66 of the Land Act 1948 on or before 21 November 1997; or

(ii)

section 67 of the Land Act 1948 on or before 21 November 1997 and administered by the Commissioner of Crown Lands, being those leases described in Schedule 6; or

(iii)

section 93(4) of the Land Act 1948; or

(j)

a trustee of a community trust the object or principal object of which is to provide, or arrange for the provision of, services within the meaning of the New Zealand Public Health and Disability Act 2000; or

(k)

a person to whom the land is being disposed of under—

(i)

section 117(3) of the Public Works Act 1981 other than under the words “may be dealt with as Crown land under the Land Act 1948” in paragraph (b) of the subsection; or

(ii)

section 119(2)⁠(a) of the Public Works Act 1981; or

(l)

a person to whom the land is being disposed of by way of gift for charitable purposes; or

(m)

a person that is a port company (as defined in the Port Companies Act 1988) to which the relevant land (being land in a coastal marine area) is being disposed of pursuant to section 355(3) of the Resource Management Act 1991 for purposes essential to the operation of a port.

Section 50(j): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

51 Notice of excepted transactions

(1)

The Crown body or other body concerned must give written notice to Te Rūnanga o Ngāi Tahu of a disposal of relevant land that section 50 applies to—

(a)

providing, in relation to the relevant land concerned, the information specified in section 53(a); and

(b)

identifying the person to whom the land is being disposed of; and

(c)

specifying the reasons why section 50 applies to the disposal.

(2)

A notice pursuant to subsection (1) must be given,—

(a)

in the case of a disposal effected by a licensee paying off the whole of the purchase money under section 65(7) of the Land Act 1948, on the next working day after the disposal; and

(b)

in all other cases, not later than 10 working days before the disposal.

52 Preliminary notice

A Crown body (or a body that was a Crown body on 21 November 1997 or, if later, on the date on which the body first acquired the relevant land concerned) must give written notice to Te Rūnanga o Ngāi Tahu that it is considering the disposal of relevant land if—

(a)

the body has commenced the process of identifying whether or not it has obligations to any person as specified in section 50(c) to (f); or

(b)

has, by its action, demonstrated that it is considering whether to dispose of the relevant land.

53 Contents of preliminary notice

A notice given pursuant to section 52 must—

(a)

provide—

(i)

a legal description of the land, including its certificate of title (if it has one); and

(ii)

the postal address of the land; or

(iii)

if the land does not have a postal address, a narrative or diagrammatic description of the land containing sufficient information for a person who was not previously familiar with the land to locate and inspect the land; and

(b)

specify an address and fax number (if applicable) to either of which notices and communications can be sent for the purposes of this Part.

54 Preliminary notice not to imply obligation pursuant to other Acts

The giving of a notice pursuant to section 52 does not, of itself, mean that an obligation has arisen pursuant to—

(a)

section 207(4) of the Education Act 1989; or

(b)

section 23(1) or section 24(4) of the New Zealand Railways Corporation Restructuring Act 1990; or

(c)

section 40 of the Public Works Act 1981 or that section as applied by any other enactment.

55 Te Rūnanga o Ngāi Tahu may waive its rights pursuant to this Part

(1)

Te Rūnanga o Ngāi Tahu may, by notice in writing to the Crown body or other body concerned, waive its rights to acquire, in accordance with this Part, the relevant land specified in the notice.

(2)

A notice given pursuant to subsection (1) may be given at any time after the date on which Te Rūnanga o Ngāi Tahu receives a notice pursuant to section 52.

(3)

On and from the date on which the Crown body or other body concerned receives a notice pursuant to subsection (1), this Part ceases to apply to the relevant land specified in the notice.

(4)

Te Rūnanga o Ngāi Tahu may, by notice in writing to the Crown body or other body concerned, waive its rights in respect of any disposal or attempted disposal.

(5)

A notice given pursuant to subsection (4) may be given at any time after the date on which Te Rūnanga o Ngāi Tahu receives a notice pursuant to section 56(1)⁠(b).

(6)

On and from the date on which the Crown body or other body concerned receives a notice pursuant to subsection (4), this Part ceases to apply to the disposal or attempted disposal referred to in that notice.

56 Notice to be given before attempted disposal of relevant land

(1)

A Crown body or other body concerned must, before attempting to dispose of relevant land,—

(a)

if it has not given a notice pursuant to section 52, give a notice that contains, in relation to the relevant land concerned, the information specified in section 53; and

(b)

unless—

(i)

it receives a notice pursuant to section 55(1) within 10 working days after receipt by Te Rūnanga o Ngāi Tahu of a notice pursuant to section 52 or subsection (1)⁠(a); or

(ii)

it has received a written notice from Te Rūnanga o Ngāi Tahu that Te Rūnanga o Ngāi Tahu agrees that the relevant land is special land,—

give written notice to Te Rūnanga o Ngāi Tahu which provides, in relation to the relevant land concerned, the information specified in section 53(a); and which

(iii)

offers to dispose of the relevant land to Te Rūnanga o Ngāi Tahu at the price and on the terms and conditions set out in the notice; or

(iv)

includes a certificate complying with subsection (2).

(2)

A certificate given pursuant to subsection (1)⁠(b)⁠(iv) must be given by a public valuer and state that, in the opinion of the public valuer, the relevant land is a property in respect of which a prudent vendor (intending to obtain the market price, terms and conditions for the property) would not make an offer to sell the property to another person based only on the public valuer’s assessment of that price because—

(a)

there is insufficient comparable sales evidence; or

(b)

the public valuer cannot, without a reasonable doubt, determine—

(i)

the highest and best use of the property; or

(ii)

the class of potential purchasers,—

and that the property should therefore be treated as special land for the purposes of this Part.

(3)

In relation to a proposed assignment of the right to receive any instalments payable pursuant to section 65 of the Land Act 1948, the Crown body or other body concerned may give only a disposal notice and not a special land notice.

57 Procedure for determination of special land

Sections 58 to 63 apply if the Crown body or other body concerned gives a special land notice.

58 Relevant land becomes special land by agreement

(1)

If, within 3 working days after receipt by Te Rūnanga o Ngāi Tahu of a special land notice, the Crown body or other body concerned does not receive written notice from Te Rūnanga o Ngāi Tahu disputing the special land notice or if Te Rūnanga o Ngāi Tahu has given the Crown body or other body concerned written notice agreeing that the relevant land is special land, the relevant land is special land for the shorter of the periods specified in subsection (2) and sections 64 and 65 apply.

(2)

The periods are—

(a)

the period of 2 years commencing on and from the date which is the sooner of—

(i)

3 working days after receipt by Te Rūnanga o Ngāi Tahu of the special land notice; or

(ii)

the date on which Te Rūnanga o Ngāi Tahu otherwise gives written notice that it agrees that the relevant land is special land; and

(b)

the period of 10 months after the date of receipt by Te Rūnanga o Ngāi Tahu of a notice given pursuant to section 65.

59 Appointment of public valuer

If the Crown body or other body concerned receives a notice disputing a special land notice, the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu must attempt to appoint jointly a public valuer to determine whether or not the relevant land concerned is special land.

60 Request to President of New Zealand Institute of Valuers to appoint public valuer

If, within 3 working days after receipt by the Crown body or other body concerned of the notice specified in section 59, a public valuer has not been appointed pursuant to section 59, the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu may request the President of the New Zealand Institute of Valuers to appoint a public valuer to determine whether or not the relevant land concerned is special land.

61 Appointment of public valuer by President of New Zealand Institute of Valuers

As soon as practicable after receiving the request, the President of the New Zealand Institute of Valuers (or the President’s nominee) must appoint a public valuer who is suitably experienced and independent, and immediately notify the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that appointment.

62 Determination by public valuer

(1)

A public valuer is properly appointed pursuant to section 59 or section 61 only if the public valuer has, in writing, accepted the appointment on the basis that such appointment requires the public valuer to comply with the provisions of this Part relevant to the public valuer’s appointment.

(2)

A public valuer appointed pursuant to section 59 or section 61 must, within 5 working days after being appointed, determine whether or not the relevant land is special land.

(3)

The public valuer must, before making his or her determination, provide the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu with the opportunity to make submissions, but only if this does not have, in the public valuer’s opinion, the effect of extending the 5-working day period referred to in subsection (2).

(4)

On making a determination, the public valuer must immediately give notice in writing to the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that determination.

(5)

If requested by the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu at any time within 5 working days after notification of the determination, the public valuer must give written reasons for the determination and the party making the request must pay the public valuer’s reasonable fees and costs for giving such reasons.

63 Relevant land becomes special land by determination of public valuer

(1)

If the public valuer determines that the relevant land is special land, the land is special land for the shorter of the following periods:

(a)

the period of 2 years commencing on the day after the date of notification to Te Rūnanga o Ngāi Tahu of the determination:

(b)

the period of 10 months after the date of receipt by Te Rūnanga o Ngāi Tahu of a notice given pursuant to section 65,—

and sections 64 and 65 apply.

(2)

If the public valuer determines that the relevant land is not special land, the Crown body or other body concerned must not give a special land notice during the period of 2 years commencing on the day after the date of notification to Te Rūnanga o Ngāi Tahu of the determination.

64 Attempted disposal of special land permitted

A Crown body or other body concerned may attempt to dispose of special land, but must not—

(a)

dispose of the special land except in accordance with any of sections 72, 73, 80, and 83; or

(b)

enter into an agreement or dispose of the special land, unless the agreement is expressed to be conditional on—

(i)

the Crown body or other body concerned first complying with sections 65 and 67; and

(ii)

section 72 or section 80 applying.

65 Notice to Te Rūnanga o Ngāi Tahu before disposal

(1)

A Crown body or other body concerned must, before disposing of any special land, give written notice to Te Rūnanga o Ngāi Tahu.

(2)

The notice must—

(a)

provide, in relation to the special land concerned, the information specified in section 53(a); and

(b)

state the price and other proposed terms and conditions of disposal; and

(c)

offer to dispose of the special land to Te Rūnanga o Ngāi Tahu at that price and on those terms and conditions.

66 Acceptance by Te Rūnanga o Ngāi Tahu

Where, within 1 month after the date on which Te Rūnanga o Ngāi Tahu receives a disposal notice or a notice pursuant to section 65 from a Crown body or other body concerned, Te Rūnanga o Ngāi Tahu—

(a)

accepts the offer set out in the notice by giving written notice of acceptance to the Crown body or other body concerned; or

(b)

otherwise agrees with the Crown body or other body concerned in writing to purchase the land concerned,—

a contract for the sale and purchase of that land is thereby constituted between the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu and that contract may be enforced accordingly.

67 Negotiation in good faith

During the 1-month period specified in section 66, the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu and their respective representatives must negotiate in good faith to attempt to conclude an agreement for sale and purchase of the relevant land.

68 Certain obligations not implied

Section 67 does not require—

(a)

Te Rūnanga o Ngāi Tahu to make an offer or accept an offer made to it in a disposal notice or pursuant to section 65 or during the negotiations referred to in section 67; or

(b)

the Crown body or other body concerned—

(i)

to make any other offer; or

(ii)

to accept any offer made to it during the negotiations referred to in section 67; or

(iii)

to alter its judgment that any existing agreement entered into pursuant to section 64(b) is not more favourable than any such offer; or

(c)

the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu to act in a manner that is inconsistent with their respective commercial interests.

69 Non-acceptance by Te Rūnanga o Ngāi Tahu

If a contract for the sale and purchase of the relevant land concerned has not been constituted pursuant to section 66 and the Crown body or other body concerned has complied with section 67, the Crown body or other body concerned—

(a)

may, at any time during the period of 9 months after the expiry of 1 month after the date of receipt by Te Rūnanga o Ngāi Tahu of the disposal notice or a notice pursuant to section 65, attempt to dispose of the land if the terms of the disposal are not more favourable than the benchmark terms, but must not—

(i)

effect a disposal of the land except in accordance with any of sections 72, 73, 80, and 83; or

(ii)

enter into an agreement to dispose of the land unless that agreement is expressed to be conditional on section 73 or section 80 applying; and

(b)

must not dispose of, or attempt to dispose of, the land (whether or not it is special land), after the expiry of that 9-month period without first complying in full with the requirements of this Part.

70 Notice to Te Rūnanga o Ngāi Tahu of agreement subject to section 64(b)

If a Crown body or other body concerned enters into an agreement subject to section 64(b), the Crown body or other body concerned may give written notice to Te Rūnanga o Ngāi Tahu of the agreement and, in that notice, disclose the terms of the agreement, and must give such notice before giving effect to the agreement for the purpose of section 72.

71 Notice to Te Rūnanga o Ngāi Tahu of agreement subject to section 69(a)⁠(ii)

Immediately after entering into an agreement that is subject to section 69(a)⁠(ii), the Crown body or other body concerned must give written notice to Te Rūnanga o Ngāi Tahu of the agreement and, in that notice, disclose the terms of the agreement.

72 Disposal if no notice from Te Rūnanga o Ngāi Tahu in respect of notice pursuant to section 70

(1)

If the Crown body or other body concerned does not receive, in accordance with subsection (2), written notice from Te Rūnanga o Ngāi Tahu stating that, in Te Rūnanga o Ngāi Tahu’s opinion, the terms of the agreement that is subject to section 64(b) are more favourable than the benchmark terms, the Crown body or other body concerned may dispose of the relevant land in accordance with the agreement.

(2)

For the purposes of subsection (1), the notice must be received within the later of—

(a)

3 working days after receipt by Te Rūnanga o Ngāi Tahu of the notice referred to in section 70; and

(b)

3 working days after the expiry of the 1 month specified in section 66.

73 Disposal if no notice from Te Rūnanga o Ngāi Tahu in respect of notice pursuant to section 71

If, within 3 working days after receipt by Te Rūnanga o Ngāi Tahu of a notice pursuant to section 71, the Crown body or other body concerned does not receive written notice from Te Rūnanga o Ngāi Tahu stating that, in its opinion, the terms of the agreement are more favourable than the benchmark terms, the Crown body or other body concerned may dispose of the relevant land in accordance with the terms of that agreement as disclosed to Te Rūnanga o Ngāi Tahu.

74 Application of sections 75 to 83

If the Crown body or other body concerned receives a notice pursuant to section 72 or section 73 within the periods specified in those sections, sections 75 to 83 apply.

75 Appointment of independent person

The Crown body or other body concerned and Te Rūnanga o Ngāi Tahu must attempt to appoint jointly a suitably qualified and experienced independent person to determine whether or not the terms of the agreement are more favourable than the benchmark terms.

76 Failure to agree on appointment

(1)

If, within 2 working days after receipt by the Crown body or other body concerned of the notice referred to in section 72 or section 73, the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu cannot agree on the independent person to be appointed pursuant to section 75,—

(a)

if the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu can agree on another person to make the appointment, the Crown body or other body concerned must request that person to appoint an independent person to determine whether or not the terms of the agreement are more favourable than the benchmark terms; or

(b)

if the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu cannot agree on another person to make the appointment or that person has not accepted appointment, the Crown body or other body concerned must request the President of the New Zealand Law Society to appoint an independent person to determine whether or not the terms of the agreement are more favourable than the benchmark terms.

(2)

A person is properly appointed pursuant to subsection (1) only if the person has accepted that the appointment requires the person to comply with section 77.

77 Appointment of independent person by another person or President of New Zealand Law Society

After receipt of the request, the person agreed pursuant to section 76(1)⁠(a) or the President of the New Zealand Law Society (or his or her nominee), as the case may be, must as soon as practicable appoint a suitably qualified and experienced independent person, and immediately notify the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that appointment.

78 Determination by independent person

(1)

An independent person is properly appointed pursuant to section 75 or section 77 only if the person has, in writing, accepted the appointment on the basis that such appointment requires the person to comply with the provisions of this Part relevant to the person’s appointment.

(2)

The independent person appointed pursuant to section 75 or section 77 must, within 5 working days after being appointed, determine whether or not the terms of the agreement are more favourable than the benchmark terms.

(3)

The independent person must, before making a determination, provide the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu with the opportunity to make submissions, but only if this does not have the effect, in the independent person’s opinion, of extending the 5-working day period referred to in subsection (2).

(4)

On making a determination, the independent person must immediately give notice in writing to the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that determination.

(5)

If requested by the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu at any time within 5 working days after notification of the determination, the independent person must give written reasons for the determination and the party making the request must pay the independent person’s reasonable fees and costs for giving such reasons.

79 Early appointment of independent person

(1)

The Crown body or other body concerned or Te Rūnanga o Ngāi Tahu may, at any time after the date of a notice given pursuant to section 56 in respect of any relevant land, require, by notice to the other of them, the appointment of an independent person pursuant to sections 75 to 77 in anticipation of a possible future reference to such a person pursuant to section 75.

(2)

If a notice is given pursuant to subsection (1), sections 75 to 77 apply, and any reference pursuant to section 75 that occurs within 9 months after the appointment must be to the person so appointed unless, before the date of the reference, the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu has given notice to the other withdrawing its approval of the person so appointed.

(3)

For the purposes of section 78, the date of appointment of a person appointed pursuant to this section is deemed to be the date of the reference pursuant to subsection (2).

80 Disposal permitted if terms not more favourable

If the independent person appointed pursuant to section 75 or section 77 determines that the terms of the agreement are not more favourable than the benchmark terms, the Crown body or other body concerned may dispose of the relevant land in accordance with the agreement.

81 Application of sections 82 and 83 if terms more favourable

If the independent person’s determination is that the terms of the agreement are more favourable than the benchmark terms, sections 82 and 83 apply.

82 Te Rūnanga o Ngāi Tahu may give notice to purchase

(1)

If, within 5 working days after receipt by Te Rūnanga o Ngāi Tahu of the independent person’s determination, the Crown body or other body concerned receives a notice from Te Rūnanga o Ngāi Tahu stating that it wishes to purchase the relevant land concerned on the terms of the agreement, the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu are deemed to have entered into an agreement for sale and purchase of the land, and the agreement is enforceable as a contract.

(2)

The date on which the parties must settle under the contract is 10 working days after the date on which the Crown body or other body concerned receives a notice pursuant to subsection (1) or such later date as may have been specified in the agreement which was determined to have been on more favourable terms.

83 Disposal permitted if no notice received

If the Crown body or other body concerned does not receive a notice in accordance with section 82, the Crown body or other body concerned may dispose of the relevant land concerned in accordance with the agreement.

84 Re-offer required

Where a Crown body or other body concerned—

(a)

has offered to sell any relevant land to Te Rūnanga o Ngāi Tahu in a disposal notice or a notice pursuant to section 65; and

(b)

proposes to offer that land for sale again, but on terms more favourable to the purchaser than the terms of the first offer,—

the Crown body or other body concerned may do so only if it first offers the land for sale on the more favourable terms to Te Rūnanga o Ngāi Tahu in a disposal notice or a notice pursuant to section 65; and sections 66 to 83 and this section apply to the offer.

85 This Part not to affect or derogate from certain rights and restrictions

Nothing in this Part affects or derogates from, and the rights and obligations created by this Part are subject to,—

(a)

the terms of any gift, endowment, or trust existing on 21 November 1997 and relating to relevant land or any improvements on that land; and

(b)

the rights of any holders of mortgages over, or of security interests in, relevant land or any improvements on that land; and

(c)

any other enactment or rule of law that must be complied with before relevant land is disposed of; and

(d)

any feature of the title to any relevant land that prevents or limits a Crown body’s or other body’s right to transfer the land or any improvements on the land; and

(e)

any legal requirement that limits a Crown body’s or other body’s ability to sell or otherwise dispose of any relevant land or any improvements on that land and which the Crown body or other body cannot satisfy after taking reasonable steps to do so (and, for the avoidance of doubt, taking reasonable steps does not include initiating a change in the law).

86 This Part not to affect or derogate from certain disposal rights

Subject to sections 87 and 88, nothing in this Part affects or derogates from the right of a Crown body to sell or otherwise dispose of another Crown body, or requires a Crown body to offer to Te Rūnanga o Ngāi Tahu any Crown body that is to be sold or otherwise disposed of.

87 Interpretation

In section 88, unless the context otherwise requires,—

acquired land means the relevant land referred to in section 88(1)

change of control, in relation to a new Crown owner, means any act, omission, or arrangement by a Crown body resulting in a person other than a Crown body having effective control of the new Crown owner, but does not include—

(a)

any such act, omission, or arrangement that Te Rūnanga o Ngāi Tahu has given its prior written approval to; or

(b)

for the avoidance of doubt, any change in the political party or parties constituting the New Zealand Government

effective control, in relation to a new Crown owner, means—

(a)

the legal and beneficial, or beneficial, ownership or direct or indirect control by any person of any of the shares in the new Crown owner or of any holding company of the new Crown owner that—

(i)

amount to more than 50% of the issued shares of the new Crown owner (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital); or

(ii)

enable that person to exercise, or control the exercise of, more than 50% of the maximum number of votes that can be exercised at a general meeting of the new Crown owner; or

(iii)

enable that person to control the composition of the board of directors of the new Crown owner; or

(iv)

entitle that person to receive more than 50% of every dividend paid on shares issued by the new Crown owner that carry no right to participate beyond a specified amount in a distribution of either profits or capital; or

(b)

the power to govern the financial and operating policies of the new Crown owner for the purpose of obtaining the benefits or the risks, or both, normally associated with ownership

holding company has the meaning given to it in the Companies Act 1993

new Crown owner means a Crown body to which the relevant land has been disposed and to which section 50(a) applies

subsidiary has the meaning given to it in the Companies Act 1993.

88 Change of control of new Crown owner to which relevant land has been transferred

(1)

This section applies if a Crown body disposes of any relevant land to a new Crown owner that is a subsidiary of the Crown body or a subsidiary of the Crown body’s holding company and a change of control occurs during the year after the date of disposal.

(2)

The new Crown owner, on becoming aware of that change of control, must immediately give Te Rūnanga o Ngāi Tahu—

(a)

notice of the change of control; and

(b)

an irrevocable offer to dispose of the acquired land on such terms and conditions (including price) to be determined pursuant to subsections (6) to (15).

(3)

If the new Crown owner fails to comply with subsection (2), Te Rūnanga o Ngāi Tahu, acting on behalf of the new Crown owner, no later than 20 working days after the date on which Te Rūnanga o Ngāi Tahu became aware of the change of control, may prepare an offer and give a copy to the new Crown owner which offers to sell the acquired land to Te Rūnanga o Ngāi Tahu. The offer prepared by Te Rūnanga o Ngāi Tahu must be unconditional and must be for all of the acquired land on terms and conditions (including price) to be determined pursuant to subsections (6) to (15).

(4)

If Te Rūnanga o Ngāi Tahu fails to prepare an offer and give a copy to the new Crown owner within the time specified in subsection (3), it will be deemed to have given its written approval to the act, omission, or arrangement that constitutes the change of control.

(5)

Sections 67 and 68 apply to an offer made pursuant to subsection (2)⁠(b) or (3) as if the period referred to in section 67 was the period of 1 month commencing on the date of receipt of the offer.

(6)

If the new Crown owner and Te Rūnanga o Ngāi Tahu agree on all terms and conditions (including price) within that 1-month period, then the new Crown owner and Te Rūnanga o Ngāi Tahu are deemed to have entered into an agreement for sale and purchase on those terms and conditions (including price), and the agreement is enforceable as a contract.

(7)

If the new Crown owner and Te Rūnanga o Ngāi Tahu cannot agree on all the terms and conditions (including price) by the end of the 1-month period then—

(a)

Te Rūnanga o Ngāi Tahu may, within a further period of 5 working days, refer any matter that is not agreed to arbitration in accordance with subsections (11) to (15); and

(b)

once the terms and conditions (including price) have been agreed or determined by arbitration, Te Rūnanga o Ngāi Tahu must, if it wishes to accept the offer so determined, give notice to the new Crown owner of its acceptance of the offer within 5 working days after notice of the determination of the arbitrator has been given to Te Rūnanga o Ngāi Tahu.

(8)

If Te Rūnanga o Ngāi Tahu gives such notice of acceptance to the new Crown owner, then the new Crown owner and Te Rūnanga o Ngāi Tahu are deemed to have entered into an agreement for sale and purchase on those terms and conditions (including price), and the agreement is enforceable as a contract.

(9)

Subsection (10) applies if,—

(a)

at the end of the 5-working day period specified in subsection (7)⁠(a), the new Crown owner and Te Rūnanga o Ngāi Tahu have not agreed on all terms and conditions (including price) and Te Rūnanga o Ngāi Tahu has not referred that matter to arbitration; or

(b)

at the end of the 5-working day period referred to in subsection 7(b), Te Rūnanga o Ngāi Tahu has not notified its acceptance.

(10)

Te Rūnanga o Ngāi Tahu is deemed to have given its written approval to the act, omission, or arrangement referred to in the definition of change of control in section 87, but the requirements of this Part apply to any disposal or attempted disposal of the acquired land by the new Crown owner.

(11)

If the new Crown owner and Te Rūnanga o Ngāi Tahu cannot agree on all terms and conditions (including price) for the offer given pursuant to subsections (2) or (3) and the matters that are not agreed are referred to arbitration pursuant to subsection 7(a), then the arbitration must be conducted in accordance with the Arbitration Act 1996.

(12)

Te Rūnanga o Ngāi Tahu may commence the arbitration referred to in subsection (11) by giving a notice to the new Crown owner.

(13)

The arbitration must be conducted—

(a)

by 1 arbitrator, if the new Crown owner and Te Rūnanga o Ngāi Tahu can agree on an arbitrator; or

(b)

failing agreement, by 3 arbitrators, 1 to be appointed by the new Crown owner and 1 to be appointed by Te Rūnanga o Ngāi Tahu and 1 to be appointed by the arbitrators appointed by the new Crown owner and Te Rūnanga o Ngāi Tahu before they begin to consider the dispute.

(14)

The terms of appointment of an arbitrator must include requirements that—

(a)

the determination must be in the form of a written contract for sale and purchase of the acquired land incorporating all those terms and conditions (including price) that have already been agreed by the parties, if any, and also such other terms and conditions (including price) that would have been agreed by a willing seller with a willing buyer, each with equal bargaining strength and neither having the ability to impose terms on the other; and

(b)

the determination is made within 20 working days after the appointment of the arbitrator or arbitrators; and

(c)

the arbitrator or arbitrators must immediately notify the parties of the determination; and

(d)

the arbitrator or arbitrators must not disclose confidential information provided to the arbitrator or arbitrators in the course of the arbitration.

(15)

Te Rūnanga o Ngāi Tahu and the new Crown owner are bound by the award in the arbitration, but nothing in this subsection affects the rights of Te Rūnanga o Ngāi Tahu pursuant to subsection (7)⁠(b).

89 Public valuer or independent person to be expert

A public valuer appointed pursuant to section 59 or section 61 or an independent person appointed pursuant to section 75 or section 77 is to be regarded as acting as an expert and not an arbitrator, and nothing in this Part nor his or her appointment is to be regarded as a submission to arbitration or an arbitration agreement, and a public valuer’s or an independent person’s determination is final and binding on Te Rūnanga o Ngāi Tahu and on the Crown body or other body concerned.

90 Costs of public valuer pursuant to section 62

(1)

The cost of the public valuer’s determination pursuant to section 62 must be borne equally by the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu unless the public valuer makes a determination pursuant to subsection (2).

(2)

The public valuer may determine that, because of the conduct of the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu, the cost of the determination must be borne as determined by the public valuer.

91 Costs of independent person pursuant to section 78

The cost of an independent person’s determination pursuant to section 78 must be borne—

(a)

by the Crown body or other body concerned if the determination is that the terms of the agreement with the other person are more favourable than the benchmark terms; or

(b)

by Te Rūnanga o Ngāi Tahu if the determination is that the terms of the agreement with the other person are not more favourable than the benchmark terms.

92 Notices

(1)

Any notice or other communication to be given by Te Rūnanga o Ngāi Tahu must be given in writing addressed to the recipient at the address or fax number notified by the recipient pursuant to section 53(b) or any other address or fax number subsequently notified in writing by the recipient to Te Rūnanga o Ngāi Tahu.

(2)

Any notice or other communication to be given to Te Rūnanga o Ngāi Tahu must be given in writing addressed to Te Rūnanga o Ngāi Tahu at its head office or fax number at that address or any other address or fax number subsequently notified by Te Rūnanga o Ngāi Tahu in writing to the person giving the notice.

(3)

Any such notice or other communication may be given by hand, by prepaid post, or by fax.

(4)

A notice or other communication given by hand is deemed to have been received at the same time it was given, but if not given on a working day or given after 5 pm on a working day, the notice or other communication is deemed to have been given on the next working day.

(5)

A notice or other communication given by prepaid post is deemed to have been received on the second working day after posting.

(6)

A notice or other communication given by fax is deemed to have been received on the day of transmission, but if not transmitted on a working day or transmitted after 5 pm on a working day, the notice or other communication is deemed to have been received on the next working day after transmission.

93 No further inquiries

Notwithstanding any other enactment or rule of law, no court or tribunal has jurisdiction to inquire into, or to make any finding or recommendation in respect of—

(a)

a determination made pursuant to any of sections 62, 78, and 90(2); or

(b)

an appointment made pursuant to section 61 or section 77.

94 Withdrawal by Crown body

(1)

This Part does not prevent a Crown body from withdrawing a notice given pursuant to section 52 or section 56.

(2)

A Crown body must comply with this Part if it decides, after withdrawing a notice pursuant to section 52 or section 56, to attempt to dispose of the relevant land.

(3)

This section applies subject to section 88.

95 Participation in sales process for relevant land

(1)

This Part does not prevent any Ngāi Tahu participant from participating in any sales process relating to any relevant land independently of the right of first refusal set out in this Part.

(2)

Te Rūnanga o Ngāi Tahu must give notice to the Crown body or other body concerned if any Ngāi Tahu participant intends to participate in any such sales process.

(3)

If a Ngāi Tahu participant participates in such a sales process, then the Crown body or other body concerned may enter into a contract to dispose of relevant land and give effect to that contract to the Ngāi Tahu participant without further compliance with this Part, but if the contract does not proceed to settlement for any reason (other than default by the Ngāi Tahu participant), this Part applies to any future disposal or attempted disposal by the Crown body or other body concerned of the relevant land.

(4)

If the Crown body or other body concerned wishes to dispose of the relevant land after a sales process in which a Ngāi Tahu participant has participated, the fact that the Ngāi Tahu participant has participated in the sales process does not affect or derogate from the obligations of the Crown body or other body concerned pursuant to this Part except as provided in subsection (3).

(5)

For the purposes of this section, Ngāi Tahu participant means Te Rūnanga o Ngāi Tahu, or any party associated with Te Rūnanga o Ngāi Tahu and any consortium in which Te Rūnanga o Ngāi Tahu or any such associated party is a participant and in respect of which Te Rūnanga o Ngāi Tahu has given notice pursuant to subsection (2).

96 Disposal of more than 1 parcel of land

(1)

Nothing in this Part prevents a Crown body or other body concerned from attempting to dispose of, or from disposing of, together more than 1 parcel of relevant land, or 1 or more parcels of relevant land together with other land, but this Part applies to any such attempted disposal or disposal.

(2)

For the purposes of this Part, the terms of an agreement with another person to dispose of land that—

(a)

comprises 1 or more but not all of the parcels of land which were the subject of a disposal notice or a notice pursuant to section 65; and

(b)

was not itself the subject of a separate disposal notice or notice pursuant to section 65,—

are deemed to be more favourable than the benchmark terms arising out of the disposal notice or the notice given pursuant to section 65.

97 Part ceasing to apply

This Part ceases to apply to an estate in relevant land if the estate in relevant land—

(a)

is transferred to Te Rūnanga o Ngāi Tahu, pursuant to section 66 or section 82; or

(b)

becomes subject to an agreement for the sale and purchase between the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu and the transfer fails to occur by reason of a default by Te Rūnanga o Ngāi Tahu; or

(c)

is transferred (without breaching this Part) to any person who is not a Crown body.

98 Noting on certificates of title

(1)

As soon as reasonably practicable after the date on which this Act comes into force and after the date on which any land subsequently becomes relevant land, the chief executive must issue to the Registrar 1 or more certificates that refer to this section and that identify all the certificates of title and registered leases for the relevant land for which certificates of title have been issued or leases registered at that date.

(2)

As soon as reasonably practicable after the date on which a certificate of title is issued or lease is registered for any relevant land, being a date after this Act comes into force, the chief executive must issue to the Registrar a certificate that identifies the certificate of title or registered lease concerned.

(3)

As soon as reasonably practicable after receiving a certificate from the chief executive pursuant to subsection (1) or subsection (2), the Registrar must, without fee to Te Rūnanga o Ngāi Tahu or the registered proprietor, note on the register copy of the certificate of title to the land or on the register copy of the registered lease to which the certificate from the chief executive relates, the words “Subject to Part 9 of the Ngāi Tahu Claims Settlement Act 1998 (which provides for certain disposals relating to the land to which this certificate of title relates to be offered for purchase or lease to Te Rūnanga o Ngāi Tahu in certain circumstances).”

(4)

It is not necessary for the Registrar to record the entry, referred to in subsection (3), on the duplicate of the certificate of title or registered lease.

Section 98(1): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Section 98(2): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Section 98(3): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

99 Removal of notation

(1)

Where any relevant land for which a certificate of title has been issued or a lease registered is to be transferred (without breaching this Part) to any person other than a Crown body,—

(a)

the transferor must notify the chief executive of the transfer; and

(b)

the chief executive must, before registration of the transfer, issue to the Registrar a certificate stating that the land is to be so transferred and identifying the certificate of title or registered lease concerned.

(2)

On receipt of a certificate pursuant to subsection (1) together with a registrable memorandum of transfer, the Registrar must, before registration of the transfer, without fee to Te Rūnanga o Ngāi Tahu or the registered proprietor, delete by endorsement the words previously noted on the certificate of title or registered lease for the land pursuant to section 98(3).

Section 99(1)⁠(b): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Section 99(2): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

100 Copy of certificate to be sent to Te Rūnanga o Ngāi Tahu

When the chief executive issues a certificate to the Registrar pursuant to section 98(1) or section 99(1)⁠(b), the chief executive must send a copy of the certificate to Te Rūnanga o Ngāi Tahu.

Section 100: amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Part 10 High country stations

101 Section 10 of deed of settlement

This Part provides for the legislative matters contemplated by section 10 (high country stations) of the deed of settlement.

102 Interpretation

In this Part,—

area plan means the plan attached to the deed of settlement as allocation plan HC 514 (SO 24746 (Otago Land District) and SO 12269 (Southland Land District))

effective date means the date on which the station areas, gift areas, and leaseback conservation areas are transferred to Te Rūnanga o Ngāi Tahu pursuant to section 10 of the deed of settlement

gift areas means the areas hatched with horizontal lines and coloured pink on the area plan

leaseback conservation areas means the areas hatched with diagonal lines and coloured yellow on the area plan

Mararoa Valley area means the area identified as the Mararoa Grazing Area on allocation plan HC 523 (SO 24746 (Otago Land District) and SO 12269 (Southland Land District))

station areas means the areas hatched with crossed lines and coloured blue on the area plan.

103 Notice of effective date

The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as reasonably practicable after the effective date, give notice of that date in the Gazette.

104 Covenants and easements relating to station areas

(1)

In this section, Caples Valley area and Greenstone Valley area mean the areas identified by those names on the area plan.

(2)

The covenants included in the deeds of covenant referred to in clause 10.5.1(a) to (e) of the deed of settlement are deemed to have been entered into pursuant to section 77 of the Reserves Act 1977.

(3)

The easements referred to in clause 10.5.1(f) and (g) of the deed of settlement are deemed to have been acquired by the Minister of Conservation pursuant to section 12 of the Reserves Act 1977.

(4)

Notwithstanding any enactment or rule of law, the covenants to provide public foot access to and over the Caples Valley area and the Greenstone Valley area provided for in the deeds of covenant referred to in clause 10.5.1(a) and clause 10.5.1(b) of the deed of settlement, are legally effective and enforceable by the Crown.

105 Transfers and leasebacks

(1)

The Land Act 1948 and any other enactment governing the transfer of land by the Crown and the entry by the Crown into a lease of land do not apply to any of the following:

(a)

the transfer of land as required by section 10 of the deed of settlement:

(b)

the taking of a lease of any leaseback conservation area:

(c)

the giving of effect to clause 6 of the deed of gift referred to in clause 10.3 of the deed of settlement.

(2)

For the avoidance of doubt, the following are dispositions of land by the Crown for the purposes of Part 4A of the Conservation Act 1987:

(a)

the transfer of land as required by section 10 of the deed of settlement:

(b)

the giving of effect to clause 6 of the deed of gift referred to in clause 10.3 of the deed of settlement.

(3)

If no certificate of title has been issued under the Land Transfer Act 1952 for land required to be transferred by section 10 of the deed of settlement, then, notwithstanding any other enactment or rule of law, the Registrar must, at the request of the Commissioner of Crown Lands and after completion of such survey (if any) as may be necessary, issue a certificate of title under the Land Transfer Act 1952 for the fee simple estate in the land in the name of the Crown, and that certificate of title is subject to, and has the benefit of, any relevant easements, encumbrances, restrictions, and other interests, details of which must be set out in the request of the Commissioner.

Section 105(3): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

106 Subdivisions

Nothing in section 11 and Part 10 of the Resource Management Act 1991 applies to anything done for the purposes of section 10 of the deed of settlement.

107 Leaseback conservation areas

(1)

On and from the effective date, the Minister of Conservation holds and manages the leaseback conservation areas as conservation areas pursuant to section 7(2) of the Conservation Act 1987, subject to any lease entered into pursuant to clause 10.7 of the deed of settlement (which is enforceable in accordance with its terms).

(2)

On and from the effective date, the leaseback conservation areas are not rateable under the Local Government (Rating) Act 2002.

Section 107(2): substituted, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

108 Concessions and commercial activities

(1)

In this section,—

commercial activity means any activity undertaken, or the provision of facilities, by any person with a view to making a profit or charging any fee or deriving any other consideration in relation to the activity or provision; and—

(a)

includes any such activity or provision which has been carried on without a view to making a profit or charging any fee or deriving any other consideration if the terms on which the activity is undertaken or the facilities are provided change so that it is undertaken, or they are provided, with such a view; but—

(b)

does not include any activity described in section 17O(4) of the Conservation Act 1987

Crown commercial activity means any activity undertaken by the Crown, or the provision of facilities by the Crown, which is a commercial activity, but does not include any activity or provision of facilities for which a reasonable charge is made by the Crown towards recovery of the reasonable expenses incurred in organising the activity or providing the facilities.

(2)

The Minister of Conservation must not grant a concession over any part of the gift areas or the leaseback conservation areas, or over any land which includes any part of the gift areas or the leaseback conservation areas, unless and until Te Rūnanga o Ngāi Tahu gives its written consent (which consent may be given or withheld by Te Rūnanga o Ngāi Tahu in its absolute discretion).

(3)

The Minister of Conservation or other Minister or other representative of the Crown must not grant any permission similar to a concession to carry on a commercial activity over any part of the gift areas or the leaseback conservation areas, or over any land which includes any part of the gift areas or the leaseback conservation areas, unless and until Te Rūnanga o Ngāi Tahu gives its written consent (which consent may be given or withheld by Te Rūnanga o Ngāi Tahu in its absolute discretion).

(4)

The Crown must not undertake any Crown commercial activity over any part of the gift areas or the leaseback conservation areas, or over any land which includes any part of the gift areas or the leaseback conservation areas, unless and until Te Rūnanga o Ngāi Tahu gives its written consent (which consent may be given or withheld by Te Rūnanga o Ngāi Tahu in its absolute discretion).

(5)

Upon receipt of an application for a concession or permission to which subsection (2) or (3) applies, the Minister of Conservation (or other Minister or representative of the Crown) must—

(a)

refer the application to Te Rūnanga o Ngāi Tahu as soon as reasonably practicable after receipt of the application; and

(b)

notify the applicant that it has done so; and

(c)

notify the applicant that the concession or permission cannot be granted, or the relevant activity commenced, without the consent of Te Rūnanga o Ngāi Tahu.

(6)

The Minister of Conservation may process an application for a concession or permission to which subsection (2) or (3) applies while Te Rūnanga o Ngāi Tahu considers whether it will consent to the granting of the concession or permission but must not publicly notify such an application before the consent of Te Rūnanga o Ngāi Tahu has been given.

(7)

In addition to the fee charged by the Minister of Conservation for the processing of any application for a concession or permission to which subsection (2) or (3) applies, the Minister of Conservation will charge to the applicant and upon receipt of payment pay to Te Rūnanga o Ngāi Tahu, its fee for processing the request.

(8)

Te Rūnanga o Ngāi Tahu’s fee referred to in subsection (7) must, unless agreed otherwise by the Minister of Conservation and Te Rūnanga o Ngāi Tahu, be an amount equal to 25% of the aggregate of the Minister of Conservation’s fee and Te Rūnanga o Ngāi Tahu’s fee.

(9)

Te Rūnanga o Ngāi Tahu’s fee—

(a)

is to be treated as costs to which section 60B(1) of the Conservation Act 1987 applies; and

(b)

must be paid by the applicant as required under section 60B(1)⁠(c) of that Act; and

(c)

may be recovered by the Director-General in the manner specified in section 60B(1)⁠(d) of that Act.

(10)

Part 3B of the Conservation Act 1987 applies to the grant of any concession to which subsection (2) applies, subject to the requirements of this section.

109 Conservation management strategies and conservation management plans

(1)

The Director-General of Conservation must consult with, and have particular regard to the views of, Te Rūnanga o Ngāi Tahu in respect of the preparation of every conservation management strategy or conservation management plan that affects any of the leaseback conservation areas or the gift areas.

(2)

The terms of a conservation management strategy or conservation management plan that affect a leaseback conservation area must, unless Te Rūnanga o Ngāi Tahu and the Director-General agree otherwise, be consistent with the terms of the lease of the leaseback conservation area.

(3)

The terms of a conservation management strategy or conservation management plan that affect a gift area must, unless Te Rūnanga o Ngāi Tahu and the Director-General agree otherwise, be consistent with the terms of the deed of gift referred to in clause 10.3 of the deed of settlement.

(4)

If, at the effective date, a conservation management plan or conservation management strategy to which this section applies has been prepared but not approved by the New Zealand Conservation Authority, the New Zealand Conservation Authority—

(a)

must either make such amendments to the conservation management plan or conservation management strategy as are necessary to make it comply with subsections (2) and (3), or obtain the agreement of Te Rūnanga o Ngāi Tahu to the inconsistency; and

(b)

may approve the conservation management plan or conservation management strategy only after it has complied with paragraph (a).

110 Ecological monitoring

(1)

In this section, Home Hill area means the area identified by that name on the area plan.

(2)

The Minister of Conservation may do all such things as are necessary or desirable to comply with, and enforce, clause 9 of the grazing licence over Mararoa Valley area and the Home Hill area referred to in clause 10.14.10 of the deed of settlement.

111 Easements and licences

(1)

In this section,—

(a)

Elfin Bay area means the area identified as the site of the Elfin Bay Wharf as shown on allocation plan HC 518 (SO 24746 (Otago Land District) and SO 12269 (Southland Land District)); and

(b)

Greenstone Wharf area means the area identified as the site of the Greenstone Wharf as shown on allocation plan HC 517 (SO 24746 (Otago Land District) and SO 12269 (Southland Land District)).

(2)

The Minister of Conservation may grant—

(a)

the grazing licence referred to in clause 10.8 of the deed of settlement; and

(b)

the stock access easements referred to in clause 10.9.1 of the deed of settlement; and

(c)

the licences over the Elfin Bay area and the Greenstone Wharf area referred to in clause 10.11 of the deed of settlement; and

(d)

the licence and easement over the area around McKellar Lodge referred to in paragraph 7.3 of attachment 10.20 of the deed of settlement.

(3)

The licences and easements referred to in subsection (2) are enforceable in accordance with their terms, notwithstanding Part 3B of the Conservation Act 1987.

112 Licences for bridges

(1)

The Minister of Conservation and the chief executive may grant the licences referred to in clauses 10.9.2 and 10.9.3 of the deed of settlement.

(2)

The licences referred to in subsection (1) are enforceable in accordance with their terms, notwithstanding Part 3B of the Conservation Act 1987.

113 Stopping of roads in Mararoa Valley Area

(1)

In this section, roads means all of the roads in the Mararoa Valley Area.

(2)

If the Southland District Council agrees in writing, the roads are stopped.

(3)

The fee simple estate in the roads is vested in Te Rūnanga o Ngāi Tahu.

(4)

The date on which the roads are stopped and the fee simple estate in the roads is vested in Te Rūnanga o Ngāi Tahu by subsections (2) and (3) is the later of—

(a)

the effective date; or

(b)

the date on which this Act comes into force pursuant to section 1; or

(c)

the date on which the chief executive notifies the stopping and vesting of the roads in the Gazette pursuant to subsection (5).

(5)

As soon as reasonably practicable after the Southland District Council notifies the chief executive that it agrees to the stopping of the roads by subsection (2), the chief executive must notify in the Gazette

(a)

the stopping of the roads by subsection (2); and

(b)

the vesting of the roads by subsection (3).

114 Gift duty

No gift duty is payable by Te Rūnanga o Ngāi Tahu in respect of—

(a)

the transfer of the gift areas by Te Rūnanga o Ngāi Tahu to the Crown under clause 10.3 of the deed of settlement; or

(b)

the lease of the leaseback conservation areas under clause 10.7 of the deed of settlement.

115 Lake Rere

On the effective date,—

(a)

the reservation of Lake Rere reserve (as defined in the Gazette 1891, page 1050) as a reserve is revoked; and

(b)

the area shown as Lake Rere reserve on the area plan is deemed to be declared as a reserve, and classified as a recreation reserve pursuant to the Reserves Act 1977.

116 New conservation area

On the effective date, the area shown on allocation plan HC 528 (SO 24801 (Otago Land District) and SO 12277 (Southland Land District)) as the conservation area is deemed to be a conservation area held for conservation purposes, pursuant to section 7 of the Conservation Act 1987.

Part 11 Mahinga kai

Transfer and vesting of properties

117 Purpose of this Part

The purpose of this Part is to provide for the legislative matters contemplated by section 11 (mahinga kai—transfer and vesting of properties) of the deed of settlement.

118 Effective date of matters set out in this Part

Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is the settlement date.

119 Interpretation

In this Part, maimai means any hide or shelter for the purpose of game-bird hunting and any wheeled mobile hide or shelter that is parked temporarily for the same purpose (but does not include a portable hide or shelter that is built and removed on the same day).

Land vested in Te Rūnanga o Ngāi Tahu in fee simple

120 Tuku Tuku Iwi vested in Te Rūnanga o Ngāi Tahu

(1)

In this section, Tuku Tuku Iwi means the land described by that name in Part A of Schedule 7.

(2)

The reservation of Tuku Tuku Iwi as a reserve is revoked.

(3)

The fee simple estate in Tuku Tuku Iwi is vested in Te Rūnanga o Ngāi Tahu.

121 Te Parinui o Whiti vested in Te Rūnanga o Ngāi Tahu

(1)

In this section and section 122, Te Parinui o Whiti means the land described by that name in Part A of Schedule 7.

(2)

Te Parinui o Whiti ceases to be a conservation area.

(3)

The fee simple estate in Te Parinui o Whiti is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Te Parinui o Whiti described in Part A of Schedule 7.

(4)

For the purposes of section 471, the vesting by subsection (3) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

122 Access to Te Parinui o Whiti

(1)

Section 129B of the Property Law Act 1952 does not apply to Te Parinui o Whiti.

(2)

Neither the Crown nor any other person is obliged to provide or facilitate access for Te Rūnanga o Ngāi Tahu to Te Parinui o Whiti.

123 Sinclair Wetlands vested in Te Rūnanga o Ngāi Tahu

(1)

In this section, Sinclair Wetlands means the land described by that name in Part A of Schedule 7.

(2)

The fee simple estate in Sinclair Wetlands is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Sinclair Wetlands described in Schedule 7.

(3)

For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

(4)

For the purposes of section 77A of the Reserves Act 1977 only, Sinclair Wetlands is deemed to be Māori land.

124 Te Waiomākua vested in Te Rūnanga o Ngāi Tahu

(1)

In this section and in section 177, Te Waiomākua means the land described by that name in Part A of Schedule 7.

(2)

The reservation of Te Waiomākua as a reserve is revoked.

(3)

The fee simple estate in Te Waiomākua is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Te Waiomākua described in Part A of Schedule 7.

(4)

For the purposes of section 471, the vesting by subsection (3) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

125 Greenpark Huts vested in Te Rūnanga o Ngāi Tahu

(1)

In this section, Greenpark Huts means the land described by that name in Part A of Schedule 7.

(2)

Greenpark Huts ceases to be a conservation area.

(3)

The fee simple estate in Greenpark Huts is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Greenpark Huts described in Part A of Schedule 7.

126 Motutapu vested in Te Rūnanga o Ngāi Tahu

(1)

In this section, Motutapu means the land described by that name in Part A of Schedule 7.

(2)

The fee simple estate in Motutapu is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Motutapu described in Part A of Schedule 7.

(3)

For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

127 Ōkeina (Okains Bay) vested in Te Rūnanga o Ngāi Tahu

(1)

In this section and sections 128 to 130, Ōkeina (Okains Bay) means the land described by that name in Part A of Schedule 7.

(2)

The appointment of Banks Peninsula District Council to control and manage Ōkeina (Okains Bay) as a reserve is revoked.

(3)

The reservation of Ōkeina (Okains Bay) as a reserve is revoked.

(4)

The building on Ōkeina (Okains Bay) known as “Tini Ara Pata” and the fee simple estate in Ōkeina (Okains Bay) are vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Ōkeina (Okains Bay) described in Part A of Schedule 7.

128 Structures and improvements on Ōkeina (Okains Bay)

(1)

The ownership of the structures and improvements attached to or on Ōkeina (Okains Bay) is vested in the Banks Peninsula District Council to hold in trust, maintain, and administer for the benefit of the Ōkeina (Okains Bay) community.

(2)

Subsection (1) applies whether or not Ōkeina (Okains Bay) continues to be controlled and managed as if it were a recreation reserve under section 38 of the Reserves Act 1977.

(3)

The Banks Peninsula District Council may replace the structures and improvements on Ōkeina (Okains Bay) if it considers it necessary to do so.

(4)

Subsections (1) to (3) do not apply to the building on Ōkeina (Okains Bay) known as “Tini Ara Pata”.

(5)

Notwithstanding subsection (1), the Banks Peninsula District Council may, but is not required to, remove from Ōkeina (Okains Bay) the structures and improvements vested in it by that subsection.

(6)

The Banks Peninsula District Council has rights of unrestricted access onto and over Ōkeina (Okains Bay) to use and maintain the structures and improvements vested in it by subsection (1), whether or not Ōkeina (Okains Bay) continues to be controlled and managed as if it were a recreation reserve under section 38 of the Reserves Act 1977.

(7)

The vesting of the fee simple estate in Ōkeina (Okains Bay) in Te Rūnanga o Ngāi Tahu by section 127 does not affect—

(a)

lawful rights of public access to the foreshore and adjoining beach and the stream adjacent to Ōkeina (Okains Bay); or

(b)

lawful rights of public access to and recreational use and enjoyment of the Banks Peninsula District Council’s structures and improvements on the land comprising Ōkeina (Okains Bay),—

existing on 21 November 1997, for as long as, and to the extent that, those rights otherwise remain lawful.

(8)

Subsection (7) is subject to any regulation of public access and use by the Banks Peninsula District Council pursuant to the terms of its appointment to control and manage Ōkeina (Okains Bay) pursuant to section 129.

129 Management of Ōkeina (Okains Bay) by Banks Peninsula District Council

(1)

The agreement of Te Rūnanga o Ngāi Tahu in clause 11.2.9 of the deed of settlement to the Banks Peninsula District Council controlling and managing Ōkeina (Okains Bay) is sufficient for the purposes of section 38(1) of the Reserves Act 1977.

(2)

The approval of the Minister of Conservation to the Banks Peninsula District Council controlling and managing Ōkeina (Okains Bay) is deemed to have been given for the purposes of section 38(1) of the Reserves Act 1977.

(3)

The management and control by Banks Peninsula District Council of Ōkeina (Okains Bay) as if it were a recreation reserve and in accordance with section 38 of the Reserves Act 1977 is subject to the restrictions, terms, and conditions set out in attachment 11.7 of the deed of settlement (as quoted in Schedule 8) as if they were approved under section 38(1) of the Reserves Act 1977.

(4)

The quoting in Schedule 8 of the restrictions, terms, and conditions referred to in subsection (3) is a matter of record only and does not give them any greater force or effect than they have as terms and conditions under section 38(1) of the Reserves Act 1977.

(5)

The Banks Peninsula District Council may exempt Ōkeina (Okains Bay) from rates, for so long as it is controlled and managed as if it were a recreation reserve, as contemplated in the restrictions, terms, and conditions referred to in subsection (3).

130 Certificate of title for Ōkeina (Okains Bay)

The Registrar must, upon issue of the certificate of title for Ōkeina (Okains Bay), make a notation upon it to record that Ōkeina (Okains Bay) is subject to sections 127 to 129.

Section 130: amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

131 South Bay-Kaikōura vested in Te Rūnanga o Ngāi Tahu

(1)

In this section, South Bay-Kaikōura means the land described by that name in Part A of Schedule 7.

(2)

Except as provided in section 139(1),—

(a)

the reservation of South Bay-Kaikōura as a reserve is revoked; and

(b)

the fee simple estate in South Bay-Kaikōura is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to South Bay-Kaikōura described in Part A of Schedule 7,—

on the date determined pursuant to section 139(2).

132 The Point-Kaikōura vested in Te Rūnanga o Ngāi Tahu

(1)

In this section, The Point-Kaikōura means the land described by that name in Part A of Schedule 7.

(2)

Except as provided in section 139(1),—

(a)

the reservation of The Point-Kaikōura as a reserve is revoked; and

(b)

the fee simple estate in The Point-Kaikōura is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to The Point-Kaikōura described in Part A of Schedule 7,—

on the date determined pursuant to section 139(2).

133 Whakamātakiuru (Ellesmere Landing) vested in Te Rūnanga o Ngāi Tahu

(1)

In this section and in sections 134 and 135, Whakamātakiuru (Ellesmere Landing) means the land described by that name in Part A of Schedule 7.

(2)

Except as provided in section 139(1),—

(a)

the reservation of Whakamātakiuru (Ellesmere Landing) as a reserve (as created by the Gazette 1867, page 201) is revoked; and

(b)

the fee simple estate in Whakamātakiuru (Ellesmere Landing) is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Whakamātakiuru (Ellesmere Landing) described in Part A of Schedule 7,—

on the date determined pursuant to section 139(2).

(3)

For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

134 Certain leases of Whakamātakiuru (Ellesmere Landing) not subdivisions

A lease granted pursuant to clause 11.2.14 of the deed of settlement for a term of 20 years or longer (including any rights of renewal) is not a subdivision for the purposes of section 11 and Part 10 of the Resource Management Act 1991.

135 Road through Whakamātakiuru (Ellesmere Landing) vested in Selwyn District Council

The area marked “proposed road” in Whakamātakiuru (Ellesmere Landing) on SO 19862 is vested in the Selwyn District Council as a road pursuant to Part 21 of the Local Government Act 1974, to provide public access through Whakamātakiuru (Ellesmere Landing).

136 Matariki vested in Te Rūnanga o Ngāi Tahu

(1)

In this section, Matariki means the land described by that name in Part A of Schedule 7.

(2)

Except as provided in section 139(1), the fee simple estate in Matariki is vested in Te Rūnanga o Ngāi Tahu on the date determined pursuant to section 139(2).

(3)

For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

137 Taramea (Howells Point) vested in Te Rūnanga o Ngāi Tahu

(1)

In this section, Taramea (Howells Point) means the land described by that name in Part A of Schedule 7.

(2)

Except as provided in section 139(1),—

(a)

the appointment of the Southland District Council to control and manage Taramea (Howells Point) is revoked; and

(b)

the reservation of Taramea (Howells Point) as a reserve is revoked; and

(c)

the fee simple estate in Taramea (Howells Point) is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Taramea (Howells Point) described in Part A of Schedule 7,—

on the date determined pursuant to section 139(2).

(3)

The agreement of Te Rūnanga o Ngāi Tahu in clause 11.2.23 of the deed of settlement to the control and management of Taramea (Howells Point) as contemplated in clause 11.2.23 of the deed of settlement is sufficient for the purposes of section 38(2) of the Reserves Act 1977.

(4)

The approval of the Minister of Conservation to the control and management of Taramea (Howells Point) as contemplated in clause 11.2.23 of the deed of settlement is deemed to have been given for the purposes of section 38(2) of the Reserves Act 1977.

Tribal properties

138 Value to be paid by Te Rūnanga o Ngāi Tahu

(1)

In this section and in section 139,—

transfer value means, in respect of a tribal property, the purchase price to be paid by Te Rūnanga o Ngāi Tahu to the Crown for that tribal property, as determined by the methodology and process set out in attachment 11.15 of the deed of settlement

tribal properties means the following properties:

(a)

Matariki:

(b)

South Bay-Kaikōura:

(c)

South Bay/Kaikōura Peninsula:

(d)

Taramea (Howells Point):

(e)

The Point-Kaikōura:

(f)

Whakamātakiuru (Ellesmere Landing),—

being the properties described by those names in Part A of Schedule 7; and

(g)

Ōaro:

(h)

Waipapa Point,—

being the properties described by those names in Part B of Schedule 7.

(2)

An amount equal to the transfer value of the tribal property (or, if clause 11.2.29 of the deed of settlement applies, a sum calculated in accordance with paragraph (a) of that clause) must be paid by Te Rūnanga o Ngāi Tahu to the Crown no later than 5 business days after the settlement date.

139 Vesting of tribal properties in Te Rūnanga o Ngāi Tahu

(1)

The reserve status or conservation status of a tribal property is not to be revoked or to cease (as the case may be) and the tribal property is not to be vested in Te Rūnanga o Ngāi Tahu by this Part if—

(a)

Te Rūnanga o Ngāi Tahu notifies the Crown in writing pursuant to clause 11.2.28 or clause 11.2.29(b) of the deed of settlement that it does not intend to accept vesting of the tribal property pursuant to this Part; or

(b)

Te Rūnanga o Ngāi Tahu does not comply with section 138.

(2)

A tribal property to be vested by this Part has its reserve status revoked or its conservation status cease (as the case may be) and is vested in accordance with the section which applies to that tribal property on the later of the following dates:

(a)

the settlement date; or

(c)

the date on which the amount payable pursuant to section 138 is paid to the Crown.

(3)

As soon as reasonably practicable after a tribal property vests in Te Rūnanga o Ngāi Tahu pursuant to this Part, the chief executive must—

(a)

notify the vesting of a tribal property in Te Rūnanga o Ngāi Tahu pursuant to this Part in the Gazette; and

(b)

forward a copy of the Gazette notice to the Registrar.

Section 139(3)⁠(b): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Land vested in Te Rūnanga o Ngāi Tahu subject to protected private land agreements

140 South Bay/Kaikōura Peninsula vested in Te Rūnanga o Ngāi Tahu

(1)

In this section, South Bay/Kaikōura Peninsula means the land described by that name in Part A of Schedule 7.

(2)

Except as provided in section 139(1),—

(a)

the reservation of South Bay/Kaikōura Peninsula as a reserve is revoked; and

(b)

the fee simple estate in South Bay/Kaikōura Peninsula is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to South Bay/Kaikōura Peninsula described in Part A of Schedule 7,—

on the date determined pursuant to section 139(2).

141 Moturata vested in Te Rūnanga o Ngāi Tahu

(1)

In this section, Moturata means the land described by that name in Part A of Schedule 7.

(2)

The reservation of Moturata as a reserve is revoked.

(3)

The fee simple estate in Moturata is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Moturata described in Part A of Schedule 7.

(4)

For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

142 Huriawa vested in Te Rūnanga o Ngāi Tahu

(1)

In this section, Huriawa means the land described by that name in Part A of Schedule 7.

(2)

The reservation of Huriawa as a reserve is revoked.

(3)

The fee simple estate in Huriawa is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Huriawa described in Part A of Schedule 7.

(4)

For the purposes of section 471, the vesting by subsection (3) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

143 Māpoutahi vested in Te Rūnanga o Ngāi Tahu

(1)

In this section, Māpoutahi means the land described by that name in Part A of Schedule 7.

(2)

The reservation of Māpoutahi as a reserve is revoked.

(3)

The fee simple estate in Māpoutahi is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Māpoutahi described in Part A of Schedule 7.

(4)

For the purposes of section 471, the vesting by subsection (3) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

144 Noting on titles

As soon as reasonably practicable after land referred to in sections 140 to 143 has been declared by notice in the Gazette to be protected private land and upon lodgment by the Minister of Conservation with the Registrar of the Gazette notice, the Registrar must make a notation upon each certificate of title to that land, to record—

(a)

that the land is declared to be protected private land under section 76 of the Reserves Act 1977; and

(b)

the date of the relevant agreement entered into pursuant to clause 11.3.6(a) of the deed of settlement.

Section 144: amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

145 Revocation of declaration under section 76 of Reserves Act 1977

(1)

Te Rūnanga o Ngāi Tahu and the Minister of Conservation may agree in writing to discontinue an agreement entered into pursuant to clause 11.3.6(a) or clause 11.3.6(b) of the deed of settlement.

(2)

If Te Rūnanga o Ngāi Tahu and the Minister of Conservation agree to discontinue an agreement pursuant to subsection (1), the Minister of Conservation must revoke the declaration made under section 76 of the Reserves Act 1977 in respect of that land.

(3)

Notwithstanding anything to the contrary in section 76 of the Reserves Act 1977, a declaration made pursuant to section 76 of that Act in respect of any land referred to in sections 140 to 143 may not be revoked except in accordance with subsections (1) and (2).

(4)

If a declaration referred to in subsection (1) is revoked, the Registrar must, on receipt of notification to that effect from the Minister of Conservation, remove the notation required by section 144 from the certificate of title to the land.

Section 145(4): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Vesting of land in Te Rūnanga o Ngāi Tahu subject to Reserves Act 1977

146 Te Rūnanga o Ngāi Tahu to be administering body

In respect of the reserves vested in Te Rūnanga o Ngāi Tahu by this Act, Te Rūnanga o Ngāi Tahu is an administering body under the Reserves Act 1977.

147 Te Rūnanga o Ngāi Tahu to hold and administer Kahutara

(1)

In this section, Kahutara means the recreation reserve described by that name in Part B of Schedule 7.

(2)

Kahutara is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as a recreation reserve.

(3)

The vesting by subsection (2) is subject to the conditions and restrictions set out in Part B of Schedule 7.

148 Te Rūnanga o Ngāi Tahu to hold and administer Ōmihi/Goose Bay

(1)

In this section, Ōmihi/Goose Bay means the areas described by that name in Part B of Schedule 7.

(2)

To the extent that Ōmihi/Goose Bay is a conservation area,—

(a)

it ceases to be a conservation area; and

(b)

it is deemed to be declared a reserve, and classified as a recreation reserve, pursuant to the Reserves Act 1977.

(3)

Ōmihi/Goose Bay is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as a recreation reserve.

(4)

The vesting by subsection (3) is subject to the conditions and restrictions set out in Part B of Schedule 7.

149 Te Rūnanga o Ngāi Tahu to hold and administer Ōaro

(1)

In this section, Ōaro means the recreation reserve described by that name in Part B of Schedule 7.

(2)

Except as provided in section 139(1), Ōaro is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as a recreation reserve, on the date determined pursuant to section 139(2).

(3)

The vesting of Ōaro in Te Rūnanga o Ngāi Tahu by subsection (2) is subject to the conditions and restrictions set out in Part B of Schedule 7.

150 Creation of historic reserve at Ōtūkoro

(1)

In this section, Ōtūkoro means the area described by that name in Part B of Schedule 7.

(2)

Ōtūkoro ceases to be a conservation area.

(3)

Ōtūkoro is deemed to be—

(a)

declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977; and

(b)

vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as an historic reserve; and

(c)

named the “Ōtūkoro Historic Reserve” pursuant to section 16(10) of the Reserves Act 1977.

151 Te Rūnanga o Ngāi Tahu to hold and administer Maerewhenua

(1)

In this section, Maerewhenua means the historic reserve described by that name in Part B of Schedule 7.

(2)

The appointment of Heritage New Zealand Pouhere Taonga to control and manage Maerewhenua as a reserve is revoked.

(3)

Maerewhenua is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as an historic reserve.

Section 151(2): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

152 Te Rūnanga o Ngāi Tahu to hold and administer Takiroa

(1)

In this section, Takiroa means the historic reserve described by that name in Part B of Schedule 7.

(2)

The appointment of Heritage New Zealand Pouhere Taonga to control and manage Takiroa as a reserve is revoked.

(3)

Takiroa is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as an historic reserve.

Section 152(2): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

153 Te Rūnanga o Ngāi Tahu to hold and administer Kātiki

(1)

In this section, Kātiki means the historic reserve described by that name in Part B of Schedule 7.

(2)

Kātiki is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as an historic reserve.

(3)

The vesting by subsection (2) is subject to the conditions and restrictions set out in Part B of Schedule 7.

154 Te Rūnanga o Ngāi Tahu to hold and administer Ōnawe Pā

(1)

In this section, Ōnawe Pā means the historic reserve described by that name in Part B of Schedule 7.

(2)

Ōnawe Pā is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as an historic reserve.

155 Creation of reserve around Kopuwai

(1)

In this section, Kopuwai means the area described by that name in Part B of Schedule 7.

(2)

If Kopuwai is surrendered to the Crown and held as a conservation area in the manner contemplated in clause 11.4.10 of the deed of settlement, it ceases to be a conservation area.

(3)

If Kopuwai ceases to be a conservation area pursuant to subsection (2), it is deemed to be—

(a)

declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977; and

(b)

vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as an historic reserve; and

(c)

named the “Kopuwai Historic Reserve” pursuant to section 16(10) of the Reserves Act 1977.

(4)

If Kopuwai is vested by subsection (3),—

(a)

the vesting is subject to the conditions and restrictions set out in Part B of Schedule 7; and

(b)

the date on which Kopuwai is vested is the later of the settlement date or the business day following the date on which it is surrendered in accordance with subsection (2).

(5)

As soon as reasonably practicable after Kopuwai is deemed to be vested by subsection (3), the Minister of Conservation must notify that vesting in the Gazette.

156 Creation of historic reserve at Kawarau Gorge

(1)

In this section,—

Kawarau Gorge means the area described by the name “Part A: Kawarau Gorge” in Part B of Schedule 7

road means the area described by the name “Part B: Kawarau Gorge” in Part B of Schedule 7.

(2)

On the date referred to in subsection (4),—

(a)

the road is stopped; and

(b)

Kawarau Gorge ceases to be a marginal strip under section 24 of the Conservation Act 1987.

(3)

Kawarau Gorge and the road are deemed to be—

(a)

declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977; and

(b)

vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as an historic reserve; and

(c)

named the “Whatatōrere Historic Reserve” pursuant to section 16(10) of the Reserves Act 1977.

(4)

The date on which Kawarau Gorge and the road are vested by subsection (3) is the later of the settlement date or the date on which a survey has been completed for Kawarau Gorge (which date must be no later than 12 months after the settlement date, or such other date as Te Rūnanga o Ngāi Tahu and the Crown agree in writing).

(5)

The vesting of Kawarau Gorge and the road by subsection (3) is subject to the conditions and restrictions set out in Part B of Schedule 7.

(6)

As soon as reasonably practicable after the vesting of Kawarau Gorge and the road by subsection (3), the Minister of Conservation must notify the vesting in the Gazette.

157 Te Rūnanga o Ngāi Tahu to hold and administer Waipapa Point

(1)

In this section, Waipapa Point means the scenic reserve described by that name in Part B of Schedule 7.

(2)

Except as provided in section 139(1), Waipapa Point is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as a scenic reserve, on the date determined pursuant to section 139(2).

(3)

The vesting by subsection (2) is subject to the conditions and restrictions set out in Part B of Schedule 7.

158 Te Rūnanga o Ngāi Tahu to hold and administer Maranuku

(1)

In this section, Maranuku means the scenic reserve described by that name in Part B of Schedule 7.

(2)

Maranuku is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as a scenic reserve.

159 Creation of historic reserve at Moeraki Lake site

(1)

In this section,—

Moeraki Lake site means the land described by that name in Part B of Schedule 7

wildlife refuge has the same meaning as in section 2 of the Wildlife Act 1953.

(2)

The status of the Moeraki Lake site as a wildlife refuge is revoked and, to the extent that the Moeraki Lake site is a conservation area, it ceases to be a conservation area.

(3)

The Moeraki Lake site is deemed to be—

(a)

declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977; and

(b)

vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as an historic reserve; and

(c)

named the “Moeraki Historic Reserve” pursuant to section 16(10) of the Reserves Act 1977.

(4)

The vesting of the Moeraki Lake site in Te Rūnanga o Ngāi Tahu by subsection (3) is subject to the conditions and restrictions set out in Part B of Schedule 7.

160 Creation of reserve at Wairewa

(1)

In this section, Wairewa means the areas described by that name in Part B of Schedule 7, but does not include the roads referred to in section 161(1).

(2)

The reservation of Wairewa as a reserve is revoked and, to the extent that Wairewa is a conservation area, it ceases to be a conservation area.

(3)

Wairewa is deemed to be—

(a)

declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977; and

(b)

named the “Ōruaka Historic Reserve” pursuant to section 16(10) of the Reserves Act 1977; and

(c)

vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as an historic reserve.

(4)

The vesting by subsection (3) is subject to the conditions and restrictions set out in Part B of Schedule 7.

161 Addition of roads to Ōruaka Historic Reserve

(1)

In this section,—

Ōruaka Historic Reserve means the reserve created by section 160(3)

roads mean the legal (but unformed) roads shown on SO 19893.

(2)

If the Banks Peninsula District Council, at its discretion, agrees,—

(a)

the roads are stopped; and

(b)

the roads are deemed to be declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977; and

(c)

the roads are added to and become part of the Ōruaka Historic Reserve.

(3)

The date on which the roads are stopped, declared a reserve, and classified as an historic reserve by subsection (2), is the later of the settlement date or the business day following the date on which the Minister of Conservation notifies the stopping, declaration, and classification of the roads in the Gazette pursuant to subsection (6).

(4)

The roads are deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 of the Reserves Act 1977, as part of the Ōruaka Historic Reserve, on the date specified in subsection (3).

(5)

The vesting by subsection (4) is subject to the conditions and restrictions set out in Part B of Schedule 7.

(6)

As soon as reasonably practicable after the Banks Peninsula District Council notifies the Minister of Conservation that it agrees to the stopping of the roads by subsection (2)⁠(a), the Minister of Conservation must notify in the Gazette

(a)

the stopping of the roads; and

(b)

the declaration and classification of the roads by subsection (2)⁠(b); and

(c)

the vesting of the roads by subsection (4).

Changes of name and classifications

162 Change of name of Mount Cook National Park

(1)

The name of the Mount Cook National Park is changed to the Aoraki/Mount Cook National Park.

(2)

The change of name by subsection (1) is deemed to have been made pursuant to section 7(1)⁠(d) of the National Parks Act 1980.

(3)

Amendment(s) incorporated in the Act(s).

163 Reserves

In sections 164 to 166,—

(a)

Bluff Hill Scenic Reserve:

(b)

Castle Hill Conservation Area:

(c)

Maungaatua Scenic Reserve:

(d)

Ōmihi/Goose Bay Scenic Reserve:

(e)

Shag Point Recreation Reserve:

(f)

Wilsher Bay Scenic Reserve,—

mean the reserves described by those names in Schedule 9.

164 Change of classification

(1)

The classification of the Ōmihi/Goose Bay Scenic Reserve is changed from a scenic reserve to an historic reserve.

(2)

The change of classification by subsection (1) is deemed to have been made pursuant to section 24 of the Reserves Act 1977.

165 Change of name of conservation area

The name of the Castle Hill Conservation Area is changed to Kura Tāwhiti Conservation Area, notwithstanding section 18(3) of the Conservation Act 1987.

166 Change of name of certain reserves

(1)

The name of the reserve referred to in section 164 is changed to Ō Tamakura Historic Reserve.

(2)

The name of the Bluff Hill Scenic Reserve is changed to Motupōhue Scenic Reserve.

(3)

The name of the Shag Point Recreation Reserve is changed to Matakaea Recreation Reserve.

(4)

The name of the Maungaatua Scenic Reserve is changed to Maukaatua Scenic Reserve.

(5)

The name of the Wilsher Bay Scenic Reserve is changed to Maranuku Scenic Reserve.

(6)

The changes of name by this section are deemed to have been made pursuant to section 16(10) of the Reserves Act 1977.

Vesting of bed of Te Waihora

167 Interpretation

In sections 168 to 182, unless the context otherwise requires,—

bed of Te Waihora means the land described in Schedule 10

joint management plan means a plan prepared pursuant to section 177

mahinga kai means, for the purposes of a joint management plan, the customary gathering of food and natural materials and the places where those resources are gathered.

168 Vesting of bed of Te Waihora in Te Rūnanga o Ngāi Tahu

(1)

The bed of Te Waihora ceases to be a conservation area.

(2)

The fee simple estate in the bed of Te Waihora is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to the bed of Te Waihora described in Schedule 10, and to all other matters agreed pursuant to the deed of settlement.

(3)

For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

169 Road vested in Selwyn District Council

(1)

In subsection (2) the land means the hatched area marked “Legal Road to be extended” on Sheet 2 of Allocation Plan MS 33 (SO 19835).

(2)

The land is vested in the Selwyn District Council as a road.

170 Vesting of river protection reserve

(1)

In this section, Selwyn Delta river protection reserve means the reserve shown on SO 19835.

(2)

If the Canterbury Regional Council, at its discretion, agrees,—

(a)

the reservation of the Selwyn Delta river protection reserve as a reserve is revoked; and

(b)

the fee simple estate in the Selwyn Delta river protection reserve is vested in Te Rūnanga o Ngāi Tahu.

(3)

The date on which the reserve status of the Selwyn Delta river protection reserve is revoked and the fee simple estate in the Selwyn Delta river protection reserve is vested in Te Rūnanga o Ngāi Tahu by subsection (2) is the later of the settlement date or the business day following the date on which the Minister of Conservation notifies the revocation of the reserve status and the vesting of the fee simple estate in the Selwyn Delta river protection reserve in Te Rūnanga o Ngāi Tahu by subsection (2) in the Gazette pursuant to subsection (4).

(4)

As soon as reasonably practicable after the Canterbury Regional Council notifies the Minister of Conservation that it agrees to the revocation of the reservation of the Selwyn Delta river protection reserve by subsection (2)⁠(a), the Minister of Conservation must notify in the Gazette

(a)

the revocation of the reserve status; and

(b)

the vesting of the fee simple estate in the Selwyn Delta river protection reserve in Te Rūnanga o Ngāi Tahu by subsection (2)⁠(b).

(5)

If the fee simple estate in the Selwyn Delta river protection reserve is vested in Te Rūnanga o Ngāi Tahu by subsection (2),—

(a)

it is to be treated as being included in the definition of bed of Te Waihora in section 167; and

(b)

all of the terms of vesting of the fee simple estate in the bed of Te Waihora set out in sections 167 to 182 apply to the vesting of the fee simple estate in the Selwyn Delta river protection reserve in Te Rūnanga o Ngāi Tahu.

171 Title extends to bed only

(1)

Ownership of the bed of Te Waihora by Te Rūnanga o Ngāi Tahu does not of itself confer any rights or impose any obligations on Te Rūnanga o Ngāi Tahu of ownership, management, or control of—

(a)

the waters of Te Waihora (Lake Ellesmere); or

(b)

the aquatic life of Te Waihora (Lake Ellesmere); or

(c)

the structures attached to or in the bed of Te Waihora described in Schedule 10.

(2)

In subsection (1)⁠(b), aquatic life does not include plants attached to the bed of Te Waihora.

172 Registrar to issue certificates of title for bed of Te Waihora

(1)

The Registrar must issue a certificate of title for the bed of Te Waihora under the Land Transfer Act 1952, in accordance with Part 17, as soon as reasonably practicable, (and, in any event, no later than 2 years after the vesting of the bed of Te Waihora in Te Rūnanga o Ngāi Tahu by section 168, or such later date as may be agreed in writing by the Crown and Te Rūnanga o Ngāi Tahu).

(2)

The Registrar must note on the certificate of title all encumbrances and other matters that are agreed pursuant to the deed of settlement.

Section 172 heading: amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Section 172(1): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Section 172(2): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

173 Existing public access and use

All lawful rights of public access to and of recreational use and enjoyment affecting the bed of Te Waihora existing on 21 November 1997 (not including the use of maimais) remain unaffected by the vesting of the fee simple estate in the bed of Te Waihora in Te Rūnanga o Ngāi Tahu, for as long as, and to the extent that, such rights otherwise remain lawful.

174 Existing lawful commercial use and structures

All—

(a)

lawful commercial uses affecting the bed of Te Waihora; and

(b)

rights of ownership, use, and occupation of the structures in or upon the bed of Te Waihora,—

existing on 21 November 1997, and described in Schedule 10, continue in effect for as long as, and to the extent that, such rights otherwise remain lawful.

175 Maimais

(1)

The continued use of maimais on the bed of Te Waihora is at the discretion of Te Rūnanga o Ngāi Tahu.

(2)

The Minister of Conservation and the North Canterbury Fish and Game Council may enter into the agreement referred to in clause 11.6.13(b) of the deed of settlement, and the North Canterbury Fish and Game Council may undertake and perform the rights, duties, and obligations to which it has agreed.

(3)

Subsection (2) is deemed to have come into force on 23 September 1997.

176 Statutory adviser

The areas described in section 177(2)⁠(b) and (c) are sites within the meaning of section 230.

177 Joint management plan

(1)

The Minister of Conservation may agree in writing with the owners of 1 or more of the areas referred to in subsection (2)⁠(a), (d), and (e) that a joint management plan be prepared—

(a)

for the integrated management of those areas and the areas referred to in subsections (2)⁠(b) and (c), and the natural and historic resources within those areas; and

(b)

for such purposes, and by means of such processes, as the owners of the areas concerned may agree from time to time, including processes for review and amendment.

(2)

The areas for which a joint management plan may be prepared are—

(a)

the bed of Te Waihora, and Te Waiomākua; and

(b)

the areas described in Schedule 11, so long as they are held, managed, or administered under the Conservation Act 1987 or under any of the statutes listed in Schedule 1 of the Conservation Act 1987; and

(c)

any other areas within 500 metres of the bed of Te Waihora (or such other distance as may be agreed in writing by the Minister of Conservation and Te Rūnanga o Ngāi Tahu) which may be held, managed, or administered under the Conservation Act 1987 or under any of the statutes listed in Schedule 1 of the Conservation Act 1987 (excluding any such areas that are held and managed under that Act or any of those statutes by Fish and Game Councils) for so long as they are so held, managed, or administered; and

(d)

any areas associated with any of the areas referred to in paragraphs (a) to (c) which may, by agreement with the owners of those areas, be included in the area covered by the joint management plan concerned; and

(e)

such other areas as may be agreed by Te Rūnanga o Ngāi Tahu and the Crown.

178 Application of Conservation Act 1987

(1)

Sections 17A(b), 17W(7), and 17W(8) of the Conservation Act 1987 apply with respect to the areas referred to in section 177(2)⁠(b) and (c) as if the reference to “conservation management plans” in those sections were a reference to a joint management plan.

(2)

Subsection (1) does not apply if a joint management plan is not prepared and approved in accordance with clause 11.6.19 of the deed of settlement.

179 Non-derogation from legislation and other matters

Nothing in a joint management plan derogates from,—

(a)

with respect to the areas referred to in section 177(2)⁠(b) and (c), any provision of, or policy approved under, the Conservation Act 1987, or any of the statutes listed in Schedule 1 of the Conservation Act 1987, or any provision of the relevant conservation management strategy; and

(b)

with respect to the areas referred to in section 177(2)⁠(a), any relevant iwi management plan approved by Te Rūnanga o Ngāi Tahu which relates to that area; and

(c)

with respect to all of the areas referred to in section 177(2), any provision of this Act or any other legislation.

180 Effect of joint management plan

(1)

A joint management plan has effect on and from the commencement date, which will be specified in that joint management plan.

(2)

The Minister of Conservation and the Director-General of Conservation each has the same obligations in respect of a joint management plan as they have in respect of a conservation management plan under the Conservation Act 1987.

(3)

A joint management plan does not of itself restrict or affect the exercise of any legal right or power by any person other than the Minister of Conservation, the Director-General of Conservation, and the owner of any land covered by the joint management plan.

(4)

Any purposes and processes which the Minister of Conservation agrees to pursuant to section 177(1)⁠(b) are binding upon the Minister of Conservation and the Director-General of Conservation.

(5)

If the Minister of Conservation and the owners of any of the areas referred to in section 177(2)⁠(a), (d), and (e) agree to amend the purposes of, and processes for preparation of, a joint management plan pursuant to section 177(1)⁠(b), the Minister of Conservation must notify any such amended agreement in the Gazette, for the purposes of public information.

181 Recording of agreement to prepare joint management plan in Act

(1)

The agreement of Te Rūnanga o Ngāi Tahu and the Crown to prepare a joint management plan pursuant to clause 11.6.19 of the deed of settlement (as quoted in Schedule 12) is deemed to be an agreement between Te Rūnanga o Ngāi Tahu and the Minister of Conservation of the kind empowered by section 177.

(2)

The quoting of the terms of the agreement in Schedule 12 does not have the effect of giving the agreement any greater force or effect than it has as an agreement entered into pursuant to section 177.

182 Power to make bylaws

(1)

The Minister of Conservation may, from time to time after the date on which a joint management plan has come into effect and upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws prohibiting or regulating public access to, or recreational use and enjoyment of, the bed of Te Waihora, for the purpose of protecting the bed of Te Waihora from any adverse effects on the mahinga kai or conservation values of the bed of Te Waihora caused by public access or recreational use and enjoyment.

(2)

The Minister of Conservation may make bylaws pursuant to subsection (1) only upon being satisfied that the recommendation of Te Rūnanga o Ngāi Tahu is contained in a joint management plan and has been subject to the agreed public process for a joint management plan recorded in Schedule 12.

(3)

Without limiting subsections (1) and (2), the Minister of Conservation may make bylaws for the following purposes:

(a)

prohibiting, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the bed of Te Waihora either permanently or temporarily:

(b)

providing for the form of any public notice and the manner in which it must be advertised:

(c)

prescribing the forms of, and conditions on, public access to, or recreational use and enjoyment of, the bed of Te Waihora:

(d)

prohibiting or regulating any vehicles or boats using, or aircraft landing on or taking off from, the bed of Te Waihora:

(e)

prescribing offences in respect of the contravention or non-compliance with any bylaws made pursuant to paragraphs (a) and (d) and prescribing fines not to exceed $1,000:

(f)

providing for such matters as are contemplated by, or necessary for giving full effect to, any bylaws made pursuant to this provision, and their due administration.

(4)

For the avoidance of doubt, Te Rūnanga o Ngāi Tahu is an occupier of the bed of Te Waihora for the purposes of the Trespass Act 1980.

Vesting of bed of Muriwai (Coopers Lagoon)

183 Interpretation

In sections 184 to 190, bed of Muriwai (Coopers Lagoon) means the land described in Schedule 10.

184 Vesting of bed of Muriwai (Coopers Lagoon) in Te Rūnanga o Ngāi Tahu

(1)

The reservation of the bed of Muriwai (Coopers Lagoon) as a reserve is revoked.

(2)

The fee simple estate in the bed of Muriwai (Coopers Lagoon) is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to the bed of Muriwai (Coopers Lagoon) described in Schedule 10, and to all other matters agreed pursuant to the deed of settlement.

(3)

For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

185 Title extends to bed only

(1)

Ownership of the bed of Muriwai (Coopers Lagoon) by Te Rūnanga o Ngāi Tahu does not of itself confer any rights or impose any obligations on Te Rūnanga o Ngāi Tahu of ownership, management, or control of—

(a)

the waters of Muriwai (Coopers Lagoon); or

(b)

the aquatic life of Muriwai (Coopers Lagoon); or

(c)

any structures attached to or in the bed of Muriwai (Coopers Lagoon) and described in Schedule 10.

(2)

In subsection (1)⁠(b), aquatic life does not include plants attached to the bed of Muriwai (Coopers Lagoon).

186 Registrar to issue certificate of title for bed of Muriwai (Coopers Lagoon)

(1)

The Registrar must issue a certificate of title under the Land Transfer Act 1952, in accordance with Part 17, as soon as reasonably practicable (and, in any event, no later than 2 years after the vesting of the bed of Muriwai (Coopers Lagoon) in Te Rūnanga o Ngāi Tahu by section 184, or such other date as may be agreed in writing by the Crown and Te Rūnanga o Ngāi Tahu).

(2)

The Registrar must note on the certificate of title all encumbrances and other matters that are agreed pursuant to the deed of settlement.

Section 186 heading: amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Section 186(1): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Section 186(2): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

187 Existing public access and use

All lawful rights of public access to, and of recreational use and enjoyment affecting, the bed of Muriwai (Coopers Lagoon) existing on 21 November 1997 (not including the use of maimais) remain unaffected by the vesting of the fee simple estate in the bed of Muriwai (Coopers Lagoon) in Te Rūnanga o Ngāi Tahu, for as long as, and to the extent that, such rights otherwise remain lawful.

188 Power to make bylaws

(1)

The Minister of Conservation may from time to time, upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws prohibiting or regulating public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon) for the purpose of protecting the bed of Muriwai (Coopers Lagoon) from adverse effects on the conservation values of the bed of Muriwai (Coopers Lagoon) caused by public access or recreational use and enjoyment.

(2)

The Minister of Conservation may make bylaws pursuant to subsection (1) only upon being satisfied that—

(a)

public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon) is having an adverse effect on the conservation values of the bed of Muriwai (Coopers Lagoon); and

(b)

in order to protect those conservation values, public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon) should be prohibited or regulated.

(3)

Without limiting subsections (1) and (2), the Minister of Conservation may make bylaws for the following purposes:

(a)

prohibiting, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the bed of Muriwai (Coopers Lagoon), either permanently or temporarily:

(b)

providing for the form of any public notice and the manner in which it must be advertised:

(c)

prescribing the forms of, and conditions on, public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon):

(d)

prohibiting or regulating any vehicles or boats using, or aircraft landing on or taking off from, the bed of Muriwai (Coopers Lagoon):

(e)

prescribing offences in respect of the contravention or non-compliance with any bylaws made pursuant to paragraphs (a) and (d) and prescribing fines not to exceed $1,000:

(f)

providing for such matters as are contemplated by, or necessary for giving full effect to, any bylaws made pursuant to this provision, and their due administration.

(4)

Before bylaws are made pursuant to subsection (1),—

(a)

the Minister of Conservation must consult with the North Canterbury Conservation Board, the appropriate Papatipu Rūnanga (through Te Rūnanga o Ngāi Tahu), the North Canterbury Fish and Game Council, the Canterbury Regional Council, the Selwyn District Council, and such other persons or organisations as the Minister of Conservation and Te Rūnanga o Ngāi Tahu agree are appropriate and practicable, as to the need for and content of the bylaws; and

(b)

submissions on the draft bylaws must be invited by publishing a notice to this effect in a daily newspaper or newspapers circulating in the area where the bed of Muriwai (Coopers Lagoon) is situated and in such other manner (if any) as the Minister of Conservation and Te Rūnanga o Ngāi Tahu may consider appropriate; and

(c)

the Minister of Conservation must consider any submissions received on the draft bylaws.

(5)

For the avoidance of doubt, Te Rūnanga o Ngāi Tahu is an occupier of the bed of Muriwai (Coopers Lagoon) for the purposes of the Trespass Act 1980.

(6)

If Te Rūnanga o Ngāi Tahu and the Crown agree pursuant to section 177(2)⁠(e) that the bed of Muriwai (Coopers Lagoon) is to be an area managed pursuant to a joint management plan, section 182 will apply to the bed of Muriwai (Coopers Lagoon), and this section will not apply for so long as it is so managed.

189 Existing lawful commercial use and structures

All—

(a)

lawful commercial uses affecting the bed of Muriwai (Coopers Lagoon); and

(b)

rights of ownership, use, and occupation of the structures in or upon the bed of Muriwai (Coopers Lagoon),—

existing on 21 November 1997, and described in Schedule 10, continue in effect for as long as, and to the extent that, such rights otherwise remain lawful.

190 Maimais

(1)

Levels of use in respect of maimais on the bed of Muriwai (Coopers Lagoon) existing on 21 November 1997 may continue unimpeded and without charge during a period of 5 years from the date of vesting of the fee simple estate in the bed of Muriwai (Coopers Lagoon) in Te Rūnanga o Ngāi Tahu.

(2)

After the expiry of the 5-year period referred to in subsection (1), the continued use of maimais on the bed of Muriwai (Coopers Lagoon) will be at the discretion of Te Rūnanga o Ngāi Tahu.

(3)

If Te Rūnanga o Ngāi Tahu, the Crown, and the North Canterbury Fish and Game Council agree that the bed of Muriwai (Coopers Lagoon) is to be covered by the agreement referred to in clause 11.6.13(b) of the deed of settlement, then section 175 will apply to the bed of Muriwai (Coopers Lagoon), and subsections (1) and (2) will not apply, for so long as it is covered by that agreement.

Vesting of bed of Lake Mahināpua

191 Interpretation

In sections 192 to 200, bed of Lake Mahināpua means the land described in Schedule 10.

192 Vesting of bed of Lake Mahināpua in Te Rūnanga o Ngāi Tahu

The fee simple estate in the bed of Lake Mahināpua is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to the bed of Lake Mahināpua described in Schedule 10 and to all other matters agreed pursuant to the deed of settlement.

193 Title extends to bed only

(1)

Ownership of the bed of Lake Mahināpua by Te Rūnanga o Ngāi Tahu does not of itself confer any rights or impose any obligations on Te Rūnanga o Ngāi Tahu of ownership, management, or control of—

(a)

the waters of Lake Mahināpua; or

(b)

the aquatic life of Lake Mahināpua; or

(c)

any structures attached to or in the bed of Lake Mahināpua and described in Schedule 10.

(2)

In subsection (1)⁠(b), aquatic life does not include plants attached to the bed of Lake Mahināpua.

194 Registrar to issue certificates of title for bed of Lake Mahināpua

(1)

The Registrar must issue a certificate of title for the bed of Lake Mahināpua under the Land Transfer Act 1952, in accordance with Part 17, as soon as reasonably practicable (and, in any event, no later than 12 months after the vesting of the bed of Lake Mahināpua in Te Rūnanga o Ngāi Tahu by section 192, unless otherwise agreed in writing by the Crown and Te Rūnanga o Ngāi Tahu).

(2)

The Registrar must note on the certificate of title all encumbrances and other matters that are agreed pursuant to the deed of settlement.

Section 194 heading: amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Section 194(1): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

Section 194(2): amended, on 1 February 1999, pursuant to section 31(2) of the Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

195 Existing public access and use

All lawful rights of public access to, and of recreational use and enjoyment affecting, the bed of Lake Mahināpua existing on 21 November 1997 (not including the use of maimais) remain unaffected by the vesting of the fee simple estate in the bed of Lake Mahināpua in Te Rūnanga o Ngāi Tahu, for as long as, and to the extent that, such rights otherwise remain lawful.

196 Power to make bylaws

(1)

The Minister of Conservation may, from time to time, upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws prohibiting or regulating public access to, or recreational use and enjoyment of, the bed of Lake Mahināpua for the purpose of protecting the bed of Lake Mahināpua from adverse effects on the conservation values, including wāhi tapu values, of the bed of Lake Mahināpua caused by public access or recreational use and enjoyment.

(2)

The Minister of Conservation may make bylaws pursuant to subsection (1) only upon being satisfied that—

(a)

public access to, or recreational use and enjoyment of, the bed of Lake Mahināpua is having an adverse effect on the conservation values of the bed of Lake Mahināpua; and

(b)

in order to protect those conservation values, public access to, or recreational use and enjoyment of, the bed of Lake Mahināpua should be prohibited or regulated.

(3)

Without limiting subsections (1) and (2), the Minister of Conservation may make bylaws for the following purposes:

(a)

prohibiting, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the bed of Lake Mahināpua either permanently or temporarily:

(b)

providing for the form of any public notice and the manner in which it must be advertised:

(c)

prescribing the forms of, and conditions on, public access to, or recreational use and enjoyment of, the bed of Lake Mahināpua:

(d)

prohibiting or regulating any vehicles or boats using, or aircraft landing on or taking off from, the bed of Lake Mahināpua:

(e)

prescribing offences in respect of the contravention or non-compliance with any bylaws made pursuant to paragraphs (a) and (d) and prescribing fines not to exceed $1,000:

(f)

providing for such matters as are contemplated by, or necessary for giving full effect to, any bylaws made pursuant to this provision, and their due administration.

(4)

Before bylaws are made pursuant to subsection (1),—

(a)

the Minister of Conservation must consult with the West Coast Conservation Board, the appropriate Papatipu Rūnanga (through Te Rūnanga o Ngāi Tahu), the West Coast Fish and Game Council, the West Coast Regional Council, the Westland District Council, and such other persons or organisations as the Minister of Conservation and Te Rūnanga o Ngāi Tahu agree are appropriate and practicable, as to the need for and content of the bylaws; and

(b)

submissions on the draft bylaws must be invited by publishing a notice to this effect in a daily newspaper or newspapers circulating in the area where the bed of Lake Mahināpua is situated and in such other manner (if any) as the Minister of Conservation and Te Rūnanga o Ngāi Tahu may consider appropriate; and

(c)

the Minister of Conservation must consider any submissions received on the draft bylaws.

(5)

For the avoidance of doubt, Te Rūnanga o Ngāi Tahu is an occupier of the bed of Lake Mahināpua for the purposes of the Trespass Act 1980.

197 Existing lawful commercial use and structures

All—

(a)

lawful commercial uses affecting the bed of Lake Mahināpua; and

(b)

rights of ownership, use, and occupation of the structures in or upon the bed of Lake Mahināpua,—

existing on 21 November 1997, and described in Schedule 10, continue in effect for as long as, and to the extent that, such rights otherwise remain lawful.

198 Maimais

(1)

Levels of use in respect of maimais on the bed of Lake Mahināpua, existing on 21 November 1997, may continue unimpeded and without charge during a period of 5 years from the date of vesting of the fee simple estate in the bed of Lake Mahināpua in Te Rūnanga o Ngāi Tahu by section 192, unless otherwise agreed by Te Rūnanga o Ngāi Tahu and the West Coast Fish and Game Council.

(2)

After the expiry of the 5-year period referred to in subsection (1), the continued use of maimais on the bed of Lake Mahināpua will be at the discretion of Te Rūnanga o Ngāi Tahu.

199 Statutory adviser

The following areas are sites for the purposes of sections 230 to 234:

(a)

the areas described in Schedule 13 so long as they are held, managed, or administered under the Conservation Act 1987 or under any of the statutes listed in Schedule 1 of the Conservation Act 1987; and

(b)

any other areas within 500 metres of the bed of Lake Mahināpua (or such other distance as may be agreed in writing by the Minister of Conservation and Te Rūnanga o Ngāi Tahu) which may be held, managed, or administered under the Conservation Act 1987 or under any of the statutes listed in Schedule 1 of the Conservation Act 1987 (excluding any such areas held, managed, or administered under that Act or any of those statutes by Fish and Game Councils) so long as they are so held, managed, or administered.

200 Legal access to bed of Lake Mahināpua

On the settlement date, or as soon as reasonably practicable thereafter, the Crown must grant an easement in the form set out in attachment 11.40 of the deed of settlement, in favour of the registered proprietor of the bed of Lake Mahināpua, over the recreation reserve land adjacent to the bed of Lake Mahināpua, notwithstanding section 59A of the Reserves Act 1977 and Part 3B of the Conservation Act 1987.

Lease of Te Waihora sites

201 Grant of leases

(1)

In this section, Pakoau and Waikirikiri mean the land described respectively by those names in Part C of Schedule 7.

(2)

On the settlement date, the Crown, acting through the Minister of Conservation, must grant leases to Te Rūnanga o Ngāi Tahu of—

(a)

Pakoau; and

(b)

Waikirikiri—

in the forms set out in attachments 11.41 and 11.42 of the deed of settlement.

(3)

The leases granted by subsection (2) are deemed to be concessions granted pursuant to and in compliance with Part 3B of the Conservation Act 1987.

Part 12 Mahinga kai

General

202 Purpose of this Part

The purpose of this Part is to provide for the legislative matters contemplated by section 12 (mahinga kai—general) of the deed of settlement.

203 Interpretation

Where a species of plant, animal, bird, or fish has been defined or is referred to in this Part by any 1 or more of its Māori, English, or scientific names, for the avoidance of doubt, the scientific name prevails.

204 Effective date of matters set out in this Part

Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is the settlement date.

Statutory acknowledgements

205 Interpretation

(1)

In sections 206 to 222 and in Schedules 14 to 77,—

consent authority has the same meaning as in section 2 of the Resource Management Act 1991

deed of recognition means a deed of recognition described in sections 212 and 213, which is to be entered into by the Crown pursuant to clause 12.3 or clause 13.5.4 of the deed of settlement

effective date means the date that is 6 months after the settlement date

lake

(a)

means—

(i)

a body of fresh water which is entirely or nearly surrounded by land, including a lake controlled by artificial means; and

(ii)

the bed of the lake; but

(b)

does not include—

(i)

any part of the bed of the lake which is not in Crown ownership or control; or

(ii)

with respect to a lake not controlled by artificial means, any land which the waters of the lake do not cover at its highest level without exceeding its margin; or

(iii)

with respect to a lake controlled by artificial means, any land which the waters of the lake do not cover at its maximum operating level as prescribed from time to time by any resource consent or rule of a regional plan or proposed plan within the meaning of the Resource Management Act 1991; or

(iv)

any river or watercourse, artificial or otherwise, draining into or out of a lake

resource consent has the same meaning as in section 87 of the Resource Management Act 1991

river

(a)

means—

(i)

a continually or intermittently flowing body of fresh water, including a stream and modified watercourse; and

(ii)

the bed of the river; but

(b)

does not include—

(i)

any part of the bed of the river which is not in Crown ownership or control; or

(ii)

any land which the waters of the river do not cover at its fullest flow without overtopping its banks; or

(iii)

any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal); or

(iv)

any tributary flowing into a river, unless expressly provided to the contrary in the description of a particular river contained in any of Schedules 14 to 77

statutory acknowledgement means an acknowledgement made by the Crown by virtue of section 206 or section 313 or section 332 in respect of a statutory area, and except as expressly provided, on the terms set out in sections 206 to 220

statutory areas means the areas, rivers, lakes, and wetlands described in Schedules 14 to 77, 100 to 104, and 108, the general locations of which are indicated on the SO plans referred to in those schedules, and statutory area means any one of them

wetland

(a)

means—

(i)

a permanently or intermittently wet area, shallow water, and land water margin that supports a natural ecosystem of plants and animals that are adapted to wet conditions; and

(ii)

the land beneath that wet area, shallow water, and land water margin; but

(b)

does not include—

(i)

any part of the land beneath the wet area, shallow water, or land water margin which is not in Crown ownership or control; or

(ii)

any land bordering the wetland; or

(iii)

any river or watercourse, artificial or otherwise, draining into or out of a wetland; or

(iv)

any lake.

(2)

SO references are included in Schedules 14 to 77 for the purposes of indicating the general location of the statutory areas, and are not intended to establish the precise boundaries of the statutory areas.

206 Statutory acknowledgements by the Crown

The Crown acknowledges the statements made by Te Rūnanga o Ngāi Tahu of the particular cultural, spiritual, historic, and traditional association of Ngāi Tahu with the statutory areas, the texts of which are set out in Schedules 14 to 77.

207 Distribution of applications to Te Rūnanga o Ngāi Tahu

(1)

The Governor-General may, on the recommendation of the Minister for the Environment, from time to time, by Order in Council, make regulations, as contemplated by clause 12.2.3 of the deed of settlement,—

(a)

providing for consent authorities to forward to Te Rūnanga o Ngāi Tahu a summary of any applications received for resource consents for activities within, adjacent to, or impacting directly on statutory areas; and

(b)

providing for Te Rūnanga o Ngāi Tahu to waive its rights to be notified pursuant to such regulations.

(2)

Nothing in any regulations made pursuant to this section will in any way affect the discretion of a consent authority as to whether or not to notify any application pursuant to sections 93 to 94C of the Resource Management Act 1991, and whether or not Te Rūnanga o Ngāi Tahu may be adversely affected under those sections.

Section 207(2): amended, on 1 August 2003, by section 105(1)⁠(a) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 207(2): amended, on 1 August 2003, by section 105(1)⁠(b) of the Resource Management Amendment Act 2003 (2003 No 23).

208 Local authorities must have regard to statutory acknowledgements

From the effective date, and without derogating from its obligations under Part 2 of the Resource Management Act 1991, a consent authority must have regard to the statutory acknowledgement relating to a statutory area in forming an opinion in accordance with sections 93 to 94C of that Act as to whether Te Rūnanga o Ngāi Tahu is a person who may be adversely affected by the granting of a resource consent for activities within, adjacent to, or impacting directly on, the statutory area.

Section 208: substituted, on 1 August 2003, by section 105(2) of the Resource Management Amendment Act 2003 (2003 No 23).

209 Environment Court to have regard to statutory acknowledgements

From the effective date, and without derogating from its obligations under Part 2 of the Resource Management Act 1991, the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in determining, pursuant to section 274 of the Resource Management Act 1991, whether Te Rūnanga o Ngāi Tahu is a person having an interest in the proceedings greater than the public generally in respect of an application for a resource consent for activities within, adjacent to, or impacting directly on the statutory area.

210 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements

(1)

If, on or after the effective date, an application is made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

(a)

Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48, 56, or 62 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

(b)

the Environment Court, in determining under section 59(1) or 64(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether Te Rūnanga o Ngāi Tahu is a person directly affected by the decision.

(2)

In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.

Section 210: replaced, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

211 Use of statutory acknowledgement with submissions

(1)

Te Rūnanga o Ngāi Tahu and any member of Ngāi Tahu Whānui may cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga concerning activities within, adjacent to, or impacting directly on a statutory area as evidence of Ngāi Tahu’s association with the statutory area.

(2)

For the avoidance of doubt, the content of the association, as recorded in a statutory acknowledgement, is not by virtue of the statutory acknowledgement binding as deemed fact upon consent authorities, the Environment Court, Heritage New Zealand Pouhere Taonga, parties to proceedings before those bodies, or any other person able to participate in those proceedings, but the statutory acknowledgement may be taken into account by them.

(3)

Neither Te Rūnanga o Ngāi Tahu nor any member of Ngāi Tahu Whānui is precluded from stating that Ngāi Tahu has any association with the statutory area not described in the relevant statutory acknowledgement, nor does the content or existence of the statutory acknowledgement derogate from any such statement.

Section 211(1): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 211(2): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

212 Authorisation to enter into deeds of recognition

Where a statutory acknowledgement has been made by section 206 or by section 332(1), the Minister of the Crown responsible for the management or administration of the land within a statutory area, or the Commissioner of Crown Lands, as the case may be, has power to enter into a deed of recognition in respect of the land within the statutory area.

213 Form and terms of deeds of recognition

A deed of recognition entered into pursuant to section 212 must provide that—

(a)

Te Rūnanga o Ngāi Tahu must be consulted; and

(b)

particular regard must be had to the views of Te Rūnanga o Ngāi Tahu relating to the association described in the statutory acknowledgement to which the deed of recognition relates, concerning the management or administration of the statutory area by the responsible Minister of the Crown, or the Commissioner of Crown Lands, as the case may be,—

on the matters specified in the deed of recognition.

214 Alienation of land

In the event that land in respect of which a deed of recognition applies is alienated by the Crown, the deed of recognition is automatically terminated.

215 Purposes of statutory acknowledgements

Without limiting sections 216 to 219, the only purposes of the statutory acknowledgements are—

(a)

to require that consent authorities forward summaries of resource consent applications to Te Rūnanga o Ngāi Tahu, as required by regulations made pursuant to section 207; and

(b)

to require that consent authorities, Heritage New Zealand Pouhere Taonga, or the Environment Court, as the case may be, have regard to the statutory acknowledgements in relation to the statutory areas, as provided in sections 208 to 210; and

(c)

to empower the Minister of the Crown responsible for management of the statutory areas, or the Commissioner of Crown Lands, as the case may be, to enter into deeds of recognition, as provided in section 212; and

(d)

to enable Te Rūnanga o Ngāi Tahu and any member of Ngāi Tahu Whānui to cite statutory acknowledgements as evidence of the association of Ngāi Tahu to the statutory areas, as provided in section 211.

Section 215(b): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

216 Purposes of deeds of recognition

Without limiting sections 217 to 219, the only purposes of the deeds of recognition are to require that Te Rūnanga o Ngāi Tahu be consulted, and particular regard had to its views, as provided in section 213.

217 Exercise of powers, duties, and functions

Except as expressly provided in sections 208 to 211, 213, 215, and 216,—

(a)

neither a statutory acknowledgement nor a deed of recognition affects, or may be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

(b)

without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu’s association to a statutory area (as described in the relevant statutory acknowledgement) than that person or entity would give under the relevant statute, regulation, or bylaw, if no statutory acknowledgement or deed of recognition existed in respect of that statutory area.

218 Rights not affected

Except as expressly provided in sections 206 to 220, neither a statutory acknowledgement nor a deed of recognition affects the lawful rights or interests of any person who is not a party to the deed of settlement.

219 Limitation of rights

Except as expressly provided in sections 206 to 220, neither a statutory acknowledgement, nor a deed of recognition has of itself the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, a statutory area.

220 Recording of statutory acknowledgements on statutory plans

(1)

Local authorities within the Ngāi Tahu claim area must attach to all regional policy statements, district plans, and regional plans (including proposed plans and proposed policy statements) from time to time prepared pursuant to the Resource Management Act 1991, information recording all statutory acknowledgements affecting statutory areas covered wholly or partly by such policy statements or plans, either by way of reference to this Part or by setting out the statutory acknowledgements in full.

(2)

The attachment of information to any policy statement or plan pursuant to subsection (1) is for the purpose of public information only and the information is neither part of the plan (unless adopted by the relevant regional council or district council) nor subject to the provisions of Schedule 1 of the Resource Management Act 1991.

221 Pikirakatahi (Mount Earnslaw)

(1)

If any part of the area included in pastoral lease CL 338/105 (Otago Land District) on 21 November 1997 is ever surrendered to the Crown, then such part of that area as—

(a)

is held under the Conservation Act 1987 or under a statute listed in Schedule 1 of the Conservation Act 1987; and

(b)

is identified using similar processes to those used before the date of the deed of settlement by Te Rūnanga o Ngāi Tahu and the Crown for identification of statutory areas which are mountains; and

(c)

is agreed by Te Rūnanga o Ngāi Tahu and the Crown—

becomes part of the statutory area known as Pikirakatahi (Mount Earnslaw) for the purposes of sections 205 to 220, on the date on which the agreement of Te Rūnanga o Ngāi Tahu and the Crown, pursuant to this subsection, is notified in the Gazette pursuant to subsection (2).

(2)

As soon as reasonably practicable after Te Rūnanga o Ngāi Tahu and the Crown agree pursuant to subsection (1)⁠(c), the Minister of Conservation must notify that agreement, and the inclusion of the agreed area as part of the statutory area known as Pikirakatahi (Mount Earnslaw) pursuant to subsection (1), in the Gazette.

222 Tokatā (The Nuggets)

(1)

If any part of the area described as the “Islands” in Item 11 of attachment 12.129 of the deed of settlement is confirmed at any time to be in Crown ownership, that area becomes part of the statutory area known as Tokatā (The Nuggets) for the purposes of sections 205 to 220 on the date on which the confirmation of Crown ownership is notified in the Gazette pursuant to subsection (2).

(2)

As soon as reasonably practicable after any part of the Islands is confirmed to be in Crown ownership, the Minister of the Crown responsible for the department which manages that area must notify that confirmation, and the inclusion of that area as part of the statutory area known as Tokatā (The Nuggets) pursuant to subsection (1), in the Gazette.

Amendments to Resource Management Act 1991

223 Notification of application
[Repealed]

Section 223: repealed, on 1 August 2003, by section 96 of the Resource Management Amendment Act 2003 (2003 No 23).

224 Application not requiring notification
[Repealed]

Section 224: repealed, on 1 August 2003, by section 96 of the Resource Management Amendment Act 2003 (2003 No 23).

225 Representation at proceedings

Amendment(s) incorporated in the Act(s).

226 New Schedule 11 inserted

Amendment(s) incorporated in the Act(s).

Amendments to Historic Places Act 1993

227 Interpretation

Amendment(s) incorporated in the Act(s).

228 Powers of Trust in relation to authority application

Amendment(s) incorporated in the Act(s).

229 Rights of appeal

Amendment(s) incorporated in the Act(s).

Te Rūnanga o Ngāi Tahu to be statutory adviser

230 Interpretation

In sections 231 to 236,—

sites means the areas described in Schedule 79 and in sections 176 and 199, and site means any one of them

statutory adviser means Te Rūnanga o Ngāi Tahu in its role as an adviser to the Minister of Conservation appointed under section 231, on the terms set out in sections 232 and 233.

231 Appointment of statutory adviser

Te Rūnanga o Ngāi Tahu is appointed as a statutory adviser in respect of the sites.

232 Functions of statutory adviser

As a statutory adviser, Te Rūnanga o Ngāi Tahu may provide advice directly to the Minister of Conservation in respect of a site when the Minister is—

(a)

considering any draft conservation management plan or conservation management strategy under the Conservation Act 1987 or any national park management plan under the National Parks Act 1980; or

(b)

formulating written recommendations to the New Zealand Conservation Authority—

in respect of that site.

233 Duty to have particular regard to advice

The Minister of Conservation must have particular regard to the advice given by Te Rūnanga o Ngāi Tahu pursuant to section 232.

234 Exception with regard to Te Waihora joint management plan

Sections 232 and 233 do not apply to the consideration or approval by the Minister of Conservation of a joint management plan in the manner provided in clause 11.6.19 of the deed of settlement, or to the consideration or approval of any review or amendment of any such plan.

235 Pikirakatahi (Mount Earnslaw)

(1)

If any part of the area presently included in pastoral lease CL 338/105 (Otago Land District) on 21 November 1997 is ever surrendered to the Crown and becomes a conservation area and managed by the Department of Conservation, then such part of that area as—

(a)

is held under the Conservation Act 1987 or under a statute listed in Schedule 1 of the Conservation Act 1987; and

(b)

is identified using similar processes to those used before the date of the deed of settlement by Te Rūnanga o Ngāi Tahu and the Crown for the identification of sites which are mountains; and

(c)

is agreed by Te Rūnanga o Ngāi Tahu and the Crown—

becomes part of the site known as Pikirakatahi (Mount Earnslaw) for the purposes of sections 230 to 233, on the date on which the agreement of Te Rūnanga o Ngāi Tahu and the Crown, pursuant to this subsection, is notified in the Gazette pursuant to subsection (2).

(2)

As soon as reasonably practicable after Te Rūnanga o Ngāi Tahu and the Crown agree pursuant to subsection (1)⁠(c), the Minister of Conservation must notify that agreement, and the inclusion of the agreed area as part of the site known as Pikirakatahi (Mount Earnslaw) pursuant to subsection (1), in the Gazette.

236 Tokatā (The Nuggets)

(1)

If any part of the area described as the “Islands” in Item 11 of attachment 12.129 of the deed of settlement is confirmed at any time to be in Crown ownership, that area becomes part of the site known as Tokatā (The Nuggets) for the purposes of sections 230 to 233 on the date on which the confirmation of Crown ownership is notified in the Gazette pursuant to subsection (2).

(2)

As soon as reasonably practicable after any part of the Islands are confirmed to be in Crown ownership, the Minister of the Crown responsible for the department which manages that area must notify that confirmation, and the inclusion of that area as part of the site known as Tokatā (The Nuggets) pursuant to subsection (1), in the Gazette.

Tōpuni

237 Interpretation

In sections 238 to 253,—

Ngāi Tahu values means, in relation to a Tōpuni, Te Rūnanga o Ngāi Tahu’s statement of the cultural, spiritual, historic, and traditional association of Ngāi Tahu with the Tōpuni

Tōpuni means an area of land which is administered under the National Parks Act 1980, the Conservation Act 1987, or the Reserves Act 1977, has Ngāi Tahu values, and is declared as Tōpuni under section 238 and on the terms set out in sections 239 to 252.

238 Declaration as Tōpuni

The areas described in Schedules 80 to 93 are Tōpuni.

239 Description of Ngāi Tahu values

The Crown acknowledges the Ngāi Tahu values in relation to the Tōpuni, the texts of which are set out in Schedules 80 to 93.

240 Actions by Minister of Conservation in Tōpuni

(1)

Te Rūnanga o Ngāi Tahu and the Crown may, from time to time, agree on specific principles which are directed at the Minister of Conservation avoiding harm to, or the diminishing of, the Ngāi Tahu values in relation to each Tōpuni.

(2)

Any principles agreed pursuant to subsection (1), and any amendments to such principles, must be notified by the Minister of Conservation in the Gazette.

241 New Zealand Conservation Authority and conservation boards to have particular regard to Ngāi Tahu values

When the New Zealand Conservation Authority or any conservation board approves or otherwise considers any general policy, conservation management strategy, conservation management plan, or national park management plan in respect of a Tōpuni, it must have particular regard to—

(a)

the Ngāi Tahu values of the Tōpuni; and

(b)

any specific principles agreed, from time to time, between Te Rūnanga o Ngāi Tahu and the Crown pursuant to section 240.

242 New Zealand Conservation Authority and relevant conservation boards to consult with Te Rūnanga o Ngāi Tahu

The New Zealand Conservation Authority or relevant conservation board must consult with Te Rūnanga o Ngāi Tahu and have particular regard to its views as to the effect on the Ngāi Tahu values of any policy, strategy, or plan referred to in section 241.

243 Notification of Tōpuni

(1)

The Tōpuni declared by section 238 must be identified and described in the relevant conservation management strategies, conservation management plans, and national park management plans.

(2)

The initial identification and description of the Tōpuni in a conservation management strategy, conservation management plan, or national park management plan is for the purpose of public notice only and is not an amendment to the conservation management strategy, conservation management plan, or national park management plan for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.

(3)

The declaration of the Tōpuni in section 238 must be notified by the Minister of Conservation in the Gazette.

244 Actions by Director-General

(1)

On notification by the Minister of Conservation in the Gazette of the specific principles referred to in section 240, and subject to subsections (2) to (4), the Director-General must take action in relation to those principles.

(2)

The Director-General retains a complete discretion to determine the method and extent of the action referred to in subsection (1).

(3)

The Director-General must notify Te Rūnanga o Ngāi Tahu of what action the Director-General intends to take pursuant to subsections (1) and (2).

(4)

If requested in writing by Te Rūnanga o Ngāi Tahu, the Director-General must not take action in respect of the specific principles referred to in section 240 to which the request relates.

(5)

Without limiting subsection (2), the Director-General may, after consultation with the conservation boards affected, initiate an amendment of any relevant conservation management strategy, conservation management plan, or national park management plan to incorporate objectives relating to the specific principles referred to in section 240, including a recommendation to make bylaws or promulgate regulations.

(6)

Any amendment initiated pursuant to subsection (5) is an amendment for the purposes of section 17I(1) to (3) of the Conservation Act 1987, or section 46(1) to (4) of the National Parks Act 1980, as the case may be.

(7)

The Director-General may, at his or her discretion, notify in the Gazette any action intended to be taken pursuant to this section.

245 Regulations

The Governor-General may, on the recommendation of the Minister of Conservation, from time to time, by Order in Council, make regulations for the following purposes:

(a)

providing for the implementation of objectives included in conservation management strategies, conservation management plans, and national park management plans pursuant to section 244(5):

(b)

regulating or prohibiting activities or conduct by members of the public in a Tōpuni:

(c)

creating offences in respect of the contravention of any regulations made pursuant to paragraph (b), and providing for the imposition of fines not exceeding $5,000 for those offences.

246 Bylaws

The Minister of Conservation may, upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws for the following purposes:

(a)

providing for the implementation of objectives included in conservation management strategies, conservation management plans, and national park management plans pursuant to section 244(5):

(b)

regulating or prohibiting activities or conduct by members of the public in a Tōpuni:

(c)

creating offences in respect of the contravention of any bylaws made pursuant to paragraph (b), and providing for the imposition of fines not exceeding $1,000 for those offences.

247 Existing classification of Tōpuni

Notwithstanding the declaration of a Tōpuni by section 238 or the revocation of a Tōpuni pursuant to section 248, the purpose or classification of the area in which a Tōpuni is located as a national park, conservation area, or reserve is not overridden.

248 Revocation of status

(1)

The Governor-General may, on the recommendation of the Minister of Conservation, by Order in Council declare that an area previously declared as Tōpuni is no longer a Tōpuni.

(2)

The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless Te Rūnanga o Ngāi Tahu and the Minister of Conservation have agreed in writing that Tōpuni status is no longer appropriate for the area concerned.

249 Purpose of declaration as Tōpuni

Without limiting sections 250 to 252, the declaration of Tōpuni by section 238 and the acknowledgement of the Ngāi Tahu values in respect of those areas in section 239 are for the following purposes only:

(a)

the agreement on specific principles pursuant to section 240:

(b)

the requirement that the New Zealand Conservation Authority and conservation boards have particular regard to the Ngāi Tahu values and those specific principles, as provided in section 241:

(c)

the requirement that the New Zealand Conservation Authority and conservation boards consult with Te Rūnanga o Ngāi Tahu and have particular regard to its views, as provided in section 242:

(d)

the taking of action in respect of those specific principles as provided in section 244.

250 Exercise of powers, duties, and functions

Except as expressly provided in sections 237 to 253,—

(a)

neither the declaration of Tōpuni by section 238, nor the acknowledgement of the Ngāi Tahu values in section 239, affects or may be taken into account in the exercise of any power, duty, or function of any person or entity under any statute, regulation, or bylaw; and

(b)

without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to the Ngāi Tahu values than that person or entity would give under the relevant statute, regulation, or bylaw, if no Tōpuni had been declared and no Ngāi Tahu values acknowledged.

251 Rights not affected

Except as expressly provided in sections 237 to 253, neither the declaration of Tōpuni by section 238, nor the acknowledgement of the Ngāi Tahu values in section 239 affects the lawful rights or interests of any person who is not a party to the deed of settlement.

252 Limitation of rights

Except as expressly provided in sections 237 to 253, neither the declaration of Tōpuni by section 238, nor the acknowledgement of the Ngāi Tahu values in section 239 has, of itself, the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, Tōpuni.

253 Pikirakatahi (Mount Earnslaw)

(1)

If any part of the area included in pastoral lease CL 338/105 (Otago Land District) on 21 November 1997 is ever surrendered to the Crown and becomes a conservation area managed by the Department of Conservation, then such part of that area as—

(a)

is held under the Conservation Act 1987 or a statute listed in Schedule 1 of the Conservation Act 1987; and

(b)

is identified using similar processes to those used before the date of the deed of settlement by Te Rūnanga o Ngāi Tahu and the Crown for identification of Tōpuni which are mountains; and

(c)

is agreed by Te Rūnanga o Ngāi Tahu and the Crown—

becomes part of the Tōpuni known as Pikirakatahi (Mount Earnslaw) for the purposes of sections 237 to 252, on the date on which the agreement of Te Rūnanga o Ngāi Tahu and the Crown, pursuant to this subsection, is notified in the Gazette pursuant to subsection (2).

(2)

As soon as reasonably practicable after Te Rūnanga o Ngāi Tahu and the Crown agree pursuant to subsection (1)⁠(c), the Minister of Conservation must notify that agreement, and the inclusion of the agreed area as part of the Tōpuni known as Pikirakatahi (Mount Earnslaw) pursuant to subsection (1), in the Gazette.

Provision for Kahurangi pouwhenua

254 Pouwhenua

(1)

Notwithstanding section 49 of the National Parks Act 1980 and Part 3B of the Conservation Act 1987, but subject to subsection (4), Te Rūnanga o Ngāi Tahu may erect and maintain a pouwhenua within the Tōpuni declared by section 238 in Kahurangi National Park.

(2)

Te Rūnanga o Ngāi Tahu has responsibility for the pouwhenua.

(3)

Te Rūnanga o Ngāi Tahu may have access to the pouwhenua.

(4)

The Minister of Conservation may impose such terms and conditions as the Minister considers appropriate—

(a)

relating to the erection of the pouwhenua:

(b)

for the protection of the national park values of the area:

(c)

to avoid, remedy, or mitigate any adverse effects arising from erecting and maintaining the pouwhenua.

Nohoanga entitlements

255 Interpretation

In sections 256 to 268,—

entitlement land means a site over which a nohoanga entitlement is granted

holder means the holder for the time being of a nohoanga entitlement, and includes any permitted assignee of Te Rūnanga o Ngāi Tahu’s rights pursuant to a nohoanga entitlement and any holder of a sub-entitlement granted pursuant to section 260

land holding agent means the Minister of the Crown responsible for the department which manages the existing or proposed entitlement land, or the Commissioner of Crown Lands, as the case may be

nohoanga entitlement means an entitlement created and granted pursuant to section 256(1) and (2).

256 Creation and granting of nohoanga entitlements

(1)

The Crown may create and grant to Te Rūnanga o Ngāi Tahu renewable entitlements over Crown-owned land in the Ngāi Tahu claim area which meets the criteria set out in section 258, other than land in a national park, a marginal strip, a nature reserve, an esplanade reserve, a scientific reserve, or that part of an unformed legal road (including a road reserve) within 20 metres of a waterway.

(2)

Nohoanga entitlements are created and granted for the purpose of permitting members of Ngāi Tahu Whānui to occupy temporarily land close to waterways on a non-commercial basis, so as to have access to waterways for lawful fishing and gathering of other natural resources.

(3)

The Crown must create and grant 72 nohoanga entitlements to Te Rūnanga o Ngāi Tahu for an initial term of 10 years—

(a)

in the form set out in Schedule 94; and

(b)

over the entitlement land identified in Schedule 95; and

(c)

on the terms and conditions (if any) set out in Schedule 95.

(4)

Nohoanga entitlements must be granted pursuant to subsection (3) no later than 5 business days after the completion of surveys of the entitlement land and approval of those surveys by the Surveyor-General.

(5)

The Crown must take reasonable steps to complete the surveys of the entitlement land for the purpose of granting the nohoanga entitlements within 9 months after the settlement date, but in any event must complete the surveys no later than 12 months after the settlement date.

(6)

Unless terminated pursuant to section 265, the nohoanga entitlements must be renewed for further terms of 10 years.

(7)

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the granting of a nohoanga entitlement.

(8)

Part 3B of the Conservation Act 1987 does not apply to the granting of a nohoanga entitlement.

(9)

The grant of a nohoanga entitlement pursuant to subsection (4) must be notified by the land holding agent in the Gazette.

(10)

The Surveyor-General must note the grant of a nohoanga entitlement pursuant to subsection (4), and the notice in the Gazette published pursuant to subsection (9), in his or her records.

Section 256(4): amended, on 1 June 2002, pursuant to section 69(1) of the Cadastral Survey Act 2002 (2002 No 12).

Section 256(10): amended, on 1 June 2002, pursuant to section 69(1) of the Cadastral Survey Act 2002 (2002 No 12).

257 Vesting of entitlement land

(1)

At the Crown’s discretion, the Crown may vest in Te Rūnanga o Ngāi Tahu an estate in fee simple in any entitlement land.

(2)

After consultation with Te Rūnanga o Ngāi Tahu and having had particular regard to its views, the Crown may impose such conditions as it considers necessary or desirable as to the ongoing management and administration of the surrounding area to the entitlement land, the fee simple estate in which is vested in Te Rūnanga o Ngāi Tahu pursuant to subsection (1).

(3)

The vesting of a fee simple estate in Te Rūnanga o Ngāi Tahu pursuant to subsection (1) discharges the Crown fully from its obligation to grant a nohoanga entitlement over that entitlement land or any replacement entitlement land.

(4)

The relevant land holding agent must, before a vesting pursuant to subsection (1), comply with any statutory or regulatory requirements and processes relating to the alienation of the relevant entitlement land by the Crown.

258 Type of land

The land over which a nohoanga entitlement is granted is to be determined by the land holding agent and the Minister of Māori Affairs in agreement with Te Rūnanga o Ngāi Tahu and must be land—

(a)

already in Crown ownership; and

(b)

of approximately 1 hectare in area (unless otherwise agreed in writing by those persons) and suitable for temporary occupation; and

(c)

situated sufficiently close to a waterway to permit convenient access to the waterway (normally land adjacent to the marginal strip or esplanade reserve or similar strip bordering the waterway itself); and

(d)

to which lawful access exists; and

(e)

where the existing practices and patterns of public use at the time the nohoanga entitlement is created are not unreasonably impaired by the granting of a nohoanga entitlement; and

(f)

the location of which does not unreasonably exclude public access to any waterway.

259 Rights attaching to nohoanga entitlements

(1)

The holder of a nohoanga entitlement has the right to occupy temporarily the entitlement land to the exclusion of any other person (other than agents of the Crown, or other persons empowered by statute, and undertaking their normal functions in relation to the land) for up to 210 days in any calendar year (such days to exclude any day on and from 1 May to 15 August).

(2)

The holder has the right to erect camping shelters or similar temporary dwellings during the period or periods that the right to occupy the entitlement land pursuant to subsection (1) is being exercised.

(3)

The holder must,—

(a)

when ceasing to exercise the right to occupy the entitlement land pursuant to subsection (1), remove camping shelters or temporary dwellings erected pursuant to subsection (2); and

(b)

leave the entitlement land in substantially the same condition as it was in at the beginning of the period in each year when occupation may commence pursuant to subsection (1), except for temporary effects normally associated with this type of occupation.

(4)

Notwithstanding subsection (3) but subject to subsections (5) to (8) and section 260(4), the holder may, with the consent of the land holding agent, undertake such activities on the entitlement land as may be reasonably necessary to enable the entitlement land to be used for the purpose set out in section 256(2).

(5)

The giving of consent by a land holding agent pursuant to subsection (4) is completely at the land holding agent’s discretion and subject to such conditions as the land holding agent thinks fit.

(6)

Where entitlement land is land held under the Conservation Act 1987 or a statute listed in Schedule 1 of the Conservation Act 1987, the land holding agent may, in considering whether to give consent pursuant to subsection (4),—

(a)

require an environmental impact report in relation to the proposed activities and an audit of that report at the holder’s expense; and

(b)

impose reasonable conditions to avoid, remedy, or mitigate any adverse effects of the activities on the entitlement land and the surrounding land or on any wildlife.

(7)

When applying for a consent pursuant to subsection (4), the holder must provide to the land holding agent details of the proposed activities, including but not limited to,—

(a)

the effect of the activities on the entitlement land and, where the entitlement land is land held under the Conservation Act 1987 or a statute listed in Schedule 1 of the Conservation Act 1987, on the surrounding land and upon any wildlife; and

(b)

any proposed measures by the holder to avoid, remedy, or mitigate any adverse effects.

(8)

If the Crown has complied with its obligations pursuant to the nohoanga entitlement, it is not obliged to compensate the holder for any activities undertaken by the holder pursuant to subsection (4), whether on termination of the nohoanga entitlement or at any other time.

(9)

Part 3B of the Conservation Act 1987 does not apply to this section.

260 Obligations related to nohoanga entitlements

(1)

The existence and exercise of a nohoanga entitlement—

(a)

must not impede public access along a waterway; and

(b)

does not restrict the Crown’s right to alienate either the entitlement land, land adjacent to the entitlement land, or land adjacent to the waterway next to which the entitlement land is situated.

(2)

If the Crown alienates, or changes the classification or status of, land adjacent to the entitlement land, with the result that lawful access to the entitlement land no longer exists, the Crown must ensure that Te Rūnanga o Ngāi Tahu continues to have the same type of access to the entitlement land as existed prior to the alienation or change of classification or status, unless and until the nohoanga entitlement over that entitlement land is terminated pursuant to section 265.

(3)

The Crown’s obligations pursuant to subsection (2) are subject to its obligation to comply with any statutory or regulatory requirements.

(4)

The holder, and the activities carried on by the holder on the entitlement land (including any work undertaken on the entitlement land pursuant to section 259(4) to (8)), are subject to all laws, bylaws, regulations, and land and water management practices relating to the entitlement land.

(5)

In carrying out land and water management practices relating to the entitlement land, the land holding agent must—

(a)

have regard to the existence of the nohoanga entitlement; and

(b)

notify Te Rūnanga o Ngāi Tahu of any activity which may affect the holder; and

(c)

avoid unreasonable disruption to the holder.

(6)

Subject to subsection (5),—

(a)

a nohoanga entitlement may be suspended at any time at the discretion of the land holding agent, after consulting with Te Rūnanga o Ngāi Tahu and having particular regard to its views, if necessary for reasons of management in accordance with the purposes for which the land over which the nohoanga entitlement has been granted is held; and

(b)

if a nohoanga entitlement is suspended pursuant to this subsection, the rights under that nohoanga entitlement may be exercised by the holder outside the entitlement period described in section 259(1) for a time equal to the period of suspension.

(7)

The rights of Te Rūnanga o Ngāi Tahu under a nohoanga entitlement may be assigned by Te Rūnanga o Ngāi Tahu to any Papatipu Rūnanga.

(8)

Te Rūnanga o Ngāi Tahu must, before assigning any of its rights pursuant to subsection (7), give to the Crown written notice of its intention to assign its rights, including the contact details of the person or persons responsible for the receipt of notices in respect of the nohoanga entitlement.

(9)

An assignment by Te Rūnanga o Ngāi Tahu of any of its rights pursuant to subsections (7) and (8) is without prejudice to the Crown’s rights, powers, and remedies against Te Rūnanga o Ngāi Tahu under the nohoanga entitlement.

(10)

Te Rūnanga o Ngāi Tahu or its assignee may grant sub-entitlements to members of Ngāi Tahu Whānui in respect of each nohoanga entitlement.

(11)

A sub-entitlement granted pursuant to subsection (10) must be consistent with the terms of the nohoanga entitlement in respect of which it is granted.

(12)

The Crown’s obligations to notify Te Rūnanga o Ngāi Tahu of any matter pursuant to a nohoanga entitlement do not extend to any holder of a sub-entitlement granted pursuant to subsection (10).

(13)

On termination of a nohoanga entitlement, any sub-entitlement granted pursuant to subsection (10) is automatically terminated.

(14)

The holder of a nohoanga entitlement has rights of enforcement of the nohoanga entitlement against a person who is not a party to the deed of settlement as if the holder were the owner of the entitlement land.

(15)

Nohoanga entitlements are subject to—

(a)

such other special terms and conditions as the Crown reasonably requires to give effect to sections 255 to 268; and

(b)

such variations as may be agreed by the land holding agency and Te Rūnanga o Ngāi Tahu to the provisions of section 259

which are contained in each particular nohoanga entitlement.

261 Boundaries of entitlement land

The boundaries of entitlement land must be defined by 1 or more of the following methods:

(a)

by references to any plan lodged in the office of the Surveyor-General and approved by the Surveyor-General:

(b)

by reference to any existing survey plan:

(c)

in accordance with a plan that meets standards agreed from time to time by the land holding agent and the Surveyor-General.

Section 261(a): amended, on 1 June 2002, pursuant to section 69(1) of the Cadastral Survey Act 2002 (2002 No 12).

262 Section 44 of Reserves Act 1977 not to apply

Section 44 of the Reserves Act 1977 does not apply to nohoanga entitlements which are granted over land held under that Act.

263 Rates

The grant of a nohoanga entitlement is not a lease, licence, or other agreement for the purposes of note 2 of Part 1 of Schedule 1 of the Local Government (Rating) Act 2002.

Section 263: substituted, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

264 Targeted rates

Te Rūnanga o Ngāi Tahu is liable to pay targeted rates under section 9 of the Local Government (Rating) Act 2002 in respect of the entitlement land in proportion to the period for which Te Rūnanga o Ngāi Tahu is entitled to occupy the entitlement land under section 259(1).

Section 264: substituted, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

265 Termination of nohoanga entitlements

(1)

The Crown may terminate a nohoanga entitlement if—

(a)

the Crown alienates the entitlement land during the term of a nohoanga entitlement; or

(b)

the entitlement land is destroyed or permanently detrimentally affected by any natural cause; or

(c)

it is a condition of the nohoanga entitlement that the entitlement land is on reserve land which may be required for the specific purpose for which it was originally set apart as a reserve and it becomes so required, or it is an unformed legal road which becomes formed; or

(d)

subject to section 260(2), lawful access to the entitlement land no longer exists.

(2)

On termination of a nohoanga entitlement pursuant to subsection (1), unless the fee simple estate in the entitlement land has been vested in Te Rūnanga o Ngāi Tahu pursuant to section 257, the Crown must take reasonable steps to grant a replacement nohoanga entitlement over another site.

(3)

A site over which a replacement nohoanga entitlement is granted pursuant to subsection (2) must—

(a)

meet the criteria set out in sections 256(1), 258, and 260(1); and

(b)

be identified by similar processes to those used by Te Rūnanga o Ngāi Tahu and the Crown for identification of entitlement land, prior to entry into the deed of settlement.

(4)

If the holder of a nohoanga entitlement defaults in performing any of the holder’s obligations pursuant to the nohoanga entitlement, and—

(a)

the default is capable of remedy, the Crown may give written notice to Te Rūnanga o Ngāi Tahu specifying the default and the remedy which the Crown requires (which remedy must be reasonable in the relevant circumstances); or

(b)

the default is not capable of remedy, the Crown may immediately terminate the nohoanga entitlement by notice in writing to Te Rūnanga o Ngāi Tahu.

(5)

Unless within 41 business days after the giving of notice pursuant to subsection (4)⁠(a) the default specified in the notice has been remedied, or appropriate action has been taken to remedy the default as required in that notice, the Crown may immediately terminate the nohoanga entitlement by notice in writing to Te Rūnanga o Ngāi Tahu.

(6)

If a nohoanga entitlement is terminated pursuant to subsection (4)⁠(b) or subsection (5), Te Rūnanga o Ngāi Tahu may apply to the Minister of Māori Affairs for a replacement nohoanga entitlement, after the expiry of 2 years from the date of termination.

266 Purpose of creation of nohoanga entitlements

Without limiting sections 267 and 268, the creation of nohoanga entitlements is for the sole purpose of permitting members of Ngāi Tahu Whānui to occupy temporarily land close to waterways, as provided in section 256(2).

267 Rights not affected

Except as expressly provided in sections 255 to 268, the existence of a nohoanga entitlement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

268 Limitation of rights

Except as expressly provided in sections 255 to 268, the existence of a nohoanga entitlement does not, of itself, have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, the entitlement land.

Place names

269 Amendment of place names on official maps

(1)

Each place name in column 1 of Schedule 96 is amended to the name in column 2 of that schedule.

(2)

The amendments made by subsection (1) are deemed to have been made with the approval of the New Zealand Geographic Board and in accordance with the New Zealand Geographic Board Act 1946.

270 Encouragement of use of original Māori place names
[Repealed]

Section 270: repealed, on 1 November 2008, by section 38 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 (2008 No 30).

271 Reinstatement of name of Kaiapoi Pā

Amendment(s) incorporated in the Act(s).

Appointments to statutory boards

272 New Zealand Conservation Authority

(1)

Amendment(s) incorporated in the Act(s).

(2)

The person to be appointed pursuant to section 6D(1)⁠(ca) of the Conservation Act 1987 (as inserted by subsection (1)) must be appointed within 6 months after the settlement date.

273 Membership of Conservation Boards

(1)

Amendment(s) incorporated in the Act(s).

(2)

The persons to be appointed pursuant to section 6P(7B)⁠(a) and (7C)⁠(a) of the Conservation Act 1987 (as inserted by subsection (1)) must be appointed not later than the close of 30 November 1999.

274 Guardians of Lakes Manapōuri, Monowai, and Te Anau

(1), (2)

Amendment(s) incorporated in the Act(s).

(3)

The person to be appointed on the nomination of Te Rūnanga o Ngāi Tahu pursuant to section 6X(1A) of the Conservation Act 1987 (as inserted by subsection (2)) must be appointed within 6 months after the settlement date.

275 Guardians of Lake Wanaka

(1)

Amendment(s) incorporated in the Act(s).

(2)

The person to be appointed on the nomination of Te Rūnanga o Ngāi Tahu pursuant to section 5(1A) of the Lake Wanaka Preservation Act 1973 (as inserted by subsection (1)) must be appointed within 6 months after the settlement date.

276 New Zealand Geographic Board

Amendment(s) incorporated in the Act(s).

Te Rūnanga o Ngāi Tahu to be adviser to Fish and Game Councils

277 Interpretation

In sections 278 to 280, the term native game birds means the following species:

(a)

Maunu/Pārera (Grey duck—Anas superciliosa):

(b)

Pākura/Pūkeko (Pūkeko—Porphyrio porphyrio):

(c)

Pūtakitaki (Paradise shelduck—Tadorna variegata):

(d)

Tētē (Shoveller—Anas rhynochotis).

278 Appointment as statutory adviser

Te Rūnanga o Ngāi Tahu is appointed as a statutory adviser to each Fish and Game Council whose region falls wholly or partly within the boundaries of the Ngāi Tahu claim area, in respect of the matters referred to in section 279.

279 Function of statutory adviser

Pursuant to its appointment as a statutory adviser under section 278, Te Rūnanga o Ngāi Tahu may provide advice to a relevant Fish and Game Council in relation to—

(a)

any decision by that Fish and Game Council to formulate and recommend to the New Zealand Fish and Game Council conditions for hunting seasons for native game birds in accordance with the Conservation Act 1987 and the Wildlife Act 1953; and

(b)

the preparation in accordance with the Conservation Act 1987 of those parts of draft sports fish and game management plans which relate to native game birds.

280 Duty to have particular regard to advice

A Fish and Game Council to which Te Rūnanga o Ngāi Tahu provides advice pursuant to section 279 must have particular regard to that advice.

Department of Conservation protocols

281 Interpretation

In this Part, the term protocol means a statement in writing, issued by the Crown through the Minister of Conservation to Te Rūnanga o Ngāi Tahu, which sets out—

(a)

how the Department of Conservation will exercise its functions, powers, and duties in relation to specified matters within the Ngāi Tahu claim area; and

(b)

how the Department of Conservation will, on a continuing basis, interact with Te Rūnanga o Ngāi Tahu and provide for Te Rūnanga o Ngāi Tahu’s input into its decision-making process.

282 Authority to issue, amend, or cancel protocols

(1)

The Minister of Conservation may, from time to time, issue, amend, and cancel protocols.

(2)

Protocols may be amended or cancelled pursuant to subsection (1) at the initiative of either the Minister of Conservation or Te Rūnanga o Ngāi Tahu.

(3)

The Minister of Conservation may amend or cancel protocols pursuant to this section only after consulting Te Rūnanga o Ngāi Tahu and having particular regard to its views.

(4)

As soon as reasonably practicable after the issue, amendment, or cancellation of a protocol, the Minister of Conservation must notify such issue, amendment, or cancellation in the Gazette.

283 Protocols subject to Crown obligations

Protocols are issued and amended, subject to, and without restriction upon,—

(a)

the obligations of the Minister of Conservation and the Department of Conservation to discharge their respective functions, powers, and duties in accordance with existing law and government policy from time to time; and

(b)

the Crown’s powers to amend policy, and introduce legislation amending existing law.

284 Noting of protocols

(1)

The existence of protocols, once issued, and as amended from time to time, including the definition of protocols as set out in section 281 and a summary of the terms of issue of protocols, must be noted in conservation management strategies, conservation management plans, and national park management plans affecting the Ngāi Tahu claim area.

(2)

Noting of protocols pursuant to subsection (1) is for the purpose of public notice only and is not an amendment to the relevant strategies or plans for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.

285 Enforceability of protocols

(1)

The Minister of Conservation must comply with a protocol as long as it remains in force.

(2)

If the Minister of Conservation fails unreasonably to comply with a protocol, Te Rūnanga o Ngāi Tahu may, subject to the Crown Proceedings Act 1950, enforce the protocol by way of public law action against the Minister of Conservation.

(3)

Notwithstanding subsection (2), damages are not available as a remedy for failure to comply with a protocol.

(4)

This section does not apply to any guidelines developed pursuant to a protocol.

286 Limitation of rights

Except as expressly provided in sections 283 to 285 or in a protocol, a protocol does not of itself have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, land held, managed, or administered under the Conservation Act 1987 or a statute listed in Schedule 1 of that Act.

Taonga species

287 Interpretation

In sections 288 to 296,—

recovery plan means a written statement by the Department of Conservation of its intentions for the conservation of threatened species or endangered species over a defined period, that is intended to provide guidance to the Department of Conservation on the allocation of resources and promote discussion with the public, and includes any plan issued by the Minister of Conservation pursuant to section 41(1)⁠(e) of the Wildlife Act 1953

species recovery group means a group of persons appointed for the purpose of making recommendations to the Department of Conservation in relation to a threatened or endangered species including persons with expertise relating to that threatened species from within the Department of Conservation and elsewhere, as well as persons who may be otherwise affected by such recommendations

taonga species means the species of birds, plants, and animals described in Schedule 97 found within the Ngāi Tahu claim area

threatened species and endangered species means species of plants, birds, and animals which from time to time are assessed by the Department of Conservation to have a high risk of extinction in the short to medium term, unless management intervention occurs, assessed on the basis of the criteria set out in Molloy and Davis—Setting Priorities for the Conservation of New Zealand’s Threatened Plants and Animals, Second Edition, October 1994, Department of Conservation, as those criteria may be revised from time to time.

288 Special association with taonga species acknowledged

The Crown acknowledges the cultural, spiritual, historic, and traditional association of Ngāi Tahu with the taonga species.

289 Purpose of acknowledgement

Without limiting sections 290 to 292, the acknowledgement in section 288 is for the purposes of sections 293 and 294 only.

290 Exercise of powers, duties, and functions

Except as expressly provided in sections 288 to 296,—

(a)

the acknowledgement made in section 288 does not affect, and may not be taken into account in the exercise of, any power, duty, or function of any person or entity under any statute, regulation, or bylaw; and

(b)

without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu’s association to the taonga species than that person or entity would give under the relevant statute, regulation, or bylaw if no acknowledgement had been made by the Crown of that association to the taonga species.

291 Rights not affected

Except as expressly provided in sections 288 to 296, the acknowledgement made in section 288 does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

292 Limitation of rights

Except as expressly provided in sections 288 to 296, the acknowledgement made in section 288 does not, of itself, have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, any taonga species.

293 Species management of all taonga species

The Crown having acknowledged the special association of Ngāi Tahu to the taonga species in section 288, the Minister of Conservation must, with respect to all taonga species, including those subject to recovery plans or species recovery groups,—

(a)

advise Te Rūnanga o Ngāi Tahu in advance of any relevant conservation management strategy reviews or the preparation of any statutory or non-statutory plans, policies, or documents (including any amendments or reviews) relating to a taonga species; and

(b)

consult with, and have particular regard to the views of, Te Rūnanga o Ngāi Tahu when the Minister makes policy decisions concerning the protection, management, or conservation of a taonga species, including—

(i)

recommendations to the Governor-General in Council for the promulgation of any regulations under any enactment; or

(ii)

the preparation of any plans or publications for the advancement, conservation, management, or control of a taonga species pursuant to section 41(1)⁠(e) of the Wildlife Act 1953; or

(iii)

proposals for the transfer of a taonga species into or from the Ngāi Tahu claim area or methods of control or protection of a taonga species.

294 Species recovery groups

The Crown having acknowledged the special association of Ngāi Tahu with the taonga species in section 288, the Director-General must, to the extent that a taonga species is or becomes the subject of a recovery plan or species recovery group,—

(a)

provide Te Rūnanga o Ngāi Tahu with copies of the proceedings and publications of any relevant species recovery group for that taonga species; and

(b)

consult with, and have particular regard to the views of, Te Rūnanga o Ngāi Tahu when the Director-General makes policy decisions concerning the protection, management, or conservation of all taonga species subject to a species recovery group, including—

(i)

recommendations to the Minister of Conservation in respect of the promulgation of any regulations under any enactment; or

(ii)

the preparation of any plans or publications for the advancement, conservation, management, or control of a taonga species pursuant to section 41(1)⁠(e) of the Wildlife Act 1953; or

(iii)

proposals for the transfer of a taonga species into or from the Ngāi Tahu claim area or methods of control or protection of a taonga species; and

(c)

invite Te Rūnanga o Ngāi Tahu to nominate a person to join any relevant species recovery group for a taonga species which exists or existed solely or predominantly within the Ngāi Tahu claim area; and

(d)

in the case of kākāpō, hoiho (yellow-eyed penguin), kakī (black stilt), mohua (yellowhead), takahē, tīeke (South Island saddleback), and rāpoka/whakahao (New Zealand sea lion), invite Te Rūnanga o Ngāi Tahu to nominate a person to join the species recovery groups for those taonga species.

295 Notice of establishment of species recovery groups

The Director-General must give Te Rūnanga o Ngāi Tahu reasonable advance notice of the establishment of a species recovery group in respect of a taonga species.

296 Possession of specimens of wildlife

(1)

In this section,—

sale has the same meaning as in the Wildlife Act 1953

specimens means the dead bodies or any part of the dead bodies of any species of wildlife absolutely protected pursuant to section 3 of the Wildlife Act 1953 or partially protected pursuant to section 5 of that Act.

(2)

Notwithstanding anything to the contrary contained or implied in the Wildlife Act 1953 or the Wildlife Regulations 1955, members of Ngāi Tahu Whānui may lawfully have specimens in their possession.

(3)

Possession of specimens may be transferred between members of Ngāi Tahu Whānui by way of gift, bequest, or other non-commercial transfer but specimens may not be transferred by way of sale, whether to other members of Ngāi Tahu Whānui or to any other person or entity.

(4)

This section does not permit or authorise the hunting or killing of wildlife other than in accordance with the Wildlife Act 1953.

Customary fisheries

297 Interpretation

In sections 298 to 311,—

freshwater has the same meaning as in section 2 of the Conservation Act 1987

freshwater fish has the same meaning as in section 2 of the Conservation Act 1987

individual transferable quota has the same meaning as in section 2 of the Fisheries Act 1996

non-commercially harvested species means the species listed in section 306(1)

QMA means a quota management area as defined in section 2 of the Fisheries Act 1983 and section 2 of the Fisheries Act 1996

QMS means a quota management system as defined in section 2 of the Fisheries Act 1983 and section 2 of the Fisheries Act 1996

quota means the amount of the Shellfish Species TACC for which Te Rūnanga o Ngāi Tahu has a right of first refusal pursuant to section 307

Shellfish Species means the species listed in Part B of Schedule 98

Shellfish Species TACC means the total allowable commercial catch for Shellfish Species which have been made subject to the QMS allocated to the Crown pursuant to section 49(3) of the Fisheries Act 1996

South Island fisheries waters means the area shown on Allocation Plan NT 506 (SO 19902)

taonga fish species means the species listed in Part A of Schedule 98

total allowable commercial catch means the total allowable commercial catch set by the Minister of Fisheries pursuant to sections 20 and 21 of the Fisheries Act 1996 in respect of the QMA relating to each quota management stock.

298 Special association with taonga fish species acknowledged

The Crown acknowledges the cultural, spiritual, historic, and traditional association of Ngāi Tahu with the taonga fish species.

299 Purpose of acknowledgement

Without limiting sections 300 to 302, the acknowledgement made in section 298 is for the purposes of sections 303 and 304 and clauses 12.14.7 and 12.14.9 of the deed of settlement only.

300 Exercise of powers, duties, and functions

Except as expressly provided in sections 303 and 304,—

(a)

the acknowledgement made in section 298 does not affect, and may not be taken into account in the exercise of, any power, duty, or function of any person or entity under any statute, regulation, or bylaw; and

(b)

without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu’s association to the taonga fish species than that person or entity would give under the relevant statute, regulation, or bylaw, if no acknowledgement had been made by the Crown of that association to the taonga fish species.

301 Rights not affected

Except as expressly provided in sections 303 to 311, the acknowledgement made in section 298 does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

302 Limitation of rights

Except as expressly provided in sections 303 to 311, the acknowledgement made in section 298 does not, of itself, have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, the taonga fish species.

303 Management of taonga fish species under Fisheries Act 1983 and Fisheries Act 1996

(1)

The Crown having acknowledged the special association of Ngāi Tahu to the taonga fish species in section 298, the Minister of Fisheries must, when the Minister makes policy decisions concerning the protection, management, use, or conservation of the taonga fish species within the Ngāi Tahu claim area, including the promulgation of any regulations under any enactment,—

(a)

consult with Te Rūnanga o Ngāi Tahu in its capacity as an advisory committee appointed pursuant to clause 12.14.7 of the deed of settlement; and

(b)

recognise and provide for the association of Ngāi Tahu with the taonga fish species, consistent with the overall objectives of the Fisheries Act 1983 and the Fisheries Act 1996.

(2)

Subsection (1) applies only to the extent that the Minister of Fisheries is responsible for the taonga fish species.

304 Management of taonga fish species under Conservation Act 1987

(1)

The Crown having acknowledged the special association of Ngāi Tahu to the taonga fish species in section 298, the Minister of Conservation must, in all matters concerning the management and conservation by the Department of Conservation of taonga fish species within the Ngāi Tahu claim area, consult with, and have particular regard to the advice of, Te Rūnanga o Ngāi Tahu in its capacity as an advisory committee appointed pursuant to clause 12.14.9 of the deed of settlement.

(2)

Subsection (1) does not derogate from the obligations of the Minister of Conservation under section 4 of the Conservation Act 1987 to give effect to the principles of the Treaty of Waitangi.

305 Amendments to Conservation Act 1987 regarding Māori fishing rights

Amendment(s) incorporated in the Act(s).

306 Non-commercially harvested species

(1)

In this section, non-commercially harvested species means the following species:

(a)

Kākahi/Koaru (Freshwater mussels—Unio menziesi):

(b)

Kanakana/Ute (Southern lamprey—Geotria australis):

(c)

Karengo (Karengo/Nori—Porphyra columbina):

(d)

Karengo (Sea lettuce—Ulva spp):

(e)

Rimurapa (Bull kelp—Durvillee spp):

(f)

Toheroa/Tupehokura (Toheroa—Paphies ventricosum):

(g)

Waikōura (Freshwater crayfish—Paranephrops spp).

(2)

Amendment(s) incorporated in the regulations.

(3)

Amendment(s) incorporated in the regulations.

(4)

Amendment(s) incorporated in the regulations.

307 Right of first refusal to purchase quota

(1)

Te Rūnanga o Ngāi Tahu has a right of first refusal to purchase from the Crown a proportion of the total allowable commercial catch of a Shellfish Species made subject to a QMS.

(2)

The proportion of the total allowable commercial catch for which Te Rūnanga o Ngāi Tahu has a right of first refusal pursuant to subsection (1) is the lesser of the following quantities:

(a)

40% of the total allowable commercial catch for the Shellfish Species in respect of any QMA in the Ngāi Tahu claim area:

(b)

the quantity of quota allocated to the Crown pursuant to section 49(3) of the Fisheries Act 1996 in respect of the Shellfish Species in any QMA in the Ngāi Tahu claim area.

(3)

If only part of a QMA is in the Ngāi Tahu claim area, the proportion of the total allowable commercial catch for the purposes of subsection (2) is 40% of the proportion of the total allowable commercial catch that relates to the part of the QMA in the Ngāi Tahu claim area.

(4)

The price, terms, and conditions for a purchase under subsection (1) are to be set by the Crown.

(5)

The process for a purchase pursuant to subsection (1) will, subject to the process set out in clauses 12.14.18 and 12.14.19 of the deed of settlement, as quoted in Schedule 99, be the relevant process existing at that time for offering quota held by the Crown.

(6)

The Minister of Fisheries and Te Rūnanga o Ngāi Tahu may agree in writing to amend the terms of the process quoted in Schedule 99, in which case the Minister of Fisheries must notify any such amendment in the Gazette, for the purposes of public information.

308 Exceptions to right of first refusal

The right of first refusal in section 307

(a)

does not apply in respect of any provisional individual transferable quota allocated to the Crown pursuant to section 49 of the Fisheries Act 1996; and

(b)

does not apply in respect of any individual transferable quota acquired by any means by the Crown after the initial allocation of individual transferable quota; and

(c)

does not require the Crown to purchase any provisional catch history or other catch rights pursuant to section 37 of the Fisheries Act 1996 prior to the allocation of individual transferable quota.

309 Aggregation rules in respect of right of first refusal

To the extent that the aggregate of—

(a)

the percentage of quota purchased by Te Rūnanga o Ngāi Tahu pursuant to the right of first refusal provided for in section 307; and

(b)

any percentage of quota received by Te Rūnanga o Ngāi Tahu from the Treaty of Waitangi Fisheries Commission—

exceeds limits on aggregation of holding quota under section 28W of the Fisheries Act 1983 (or section 59 of the Fisheries Act 1996, as the case may be), Te Rūnanga o Ngāi Tahu is deemed to have received the consent of the Minister of Fisheries pursuant to section 28W(3) of the Fisheries Act 1983 (or section 60 of the Fisheries Act 1996, as the case may be) to hold such excess percentage of quota.

310 Temporary closure of fishing area or restriction on fishing methods

Amendment(s) incorporated in the Act(s).

311 Temporary closure of fisheries

Amendment(s) incorporated in the Act(s).

Coastal management

312 Interpretation

In section 314, the term subject areas means the areas described in Schedules 100 to 104.

313 Statutory acknowledgements by the Crown

The Crown acknowledges the statements made by Te Rūnanga o Ngāi Tahu of the particular cultural, spiritual, historic, and traditional association of Ngāi Tahu with the subject areas, the texts of which are set out in Schedules 100 to 104.

314 Subject areas

The subject areas are statutory areas for the purposes of sections 205, 207 to 211, section 215(a), (b), and (d), and sections 217 to 220.

Coastal tendering

315 Interpretation

In sections 316 to 320,—

authorisation has the same meaning as in section 151 of the Resource Management Act 1991

coastal marine area has the same meaning as in section 2(1) of the Resource Management Act 1991.

316 Te Rūnanga o Ngāi Tahu’s right to purchase authorisations

(1)

If the Minister of Conservation offers by tender, pursuant to section 157 of the Resource Management Act 1991, authorisations in respect of any part of the coastal marine area in the takiwā of Ngāi Tahu Whānui, Te Rūnanga o Ngāi Tahu has a preferential right (exercisable in accordance with and subject to section 317) to purchase a proportion of the authorisations which are the subject of that tender.

(2)

The proportion of authorisations that Te Rūnanga o Ngāi Tahu has a preferential right to purchase pursuant to subsection (1) must,—

(a)

in area, not exceed (together with the area of any authorisations already granted to Te Rūnanga o Ngāi Tahu pursuant to this Part) 10% of the area of the authorisations granted or proposed to be granted by the Minister of Conservation in that tender round pursuant to section 161 of the Resource Management Act 1991 in respect of the takiwā of Ngāi Tahu Whānui; and

(b)

in terms of the relevant portions of the coastal marine area, be of not less than fair average quality relative to the quality of those portions for all other authorisations that are the subject of the tender round.

(3)

The limitation in subsection (2)⁠(a) may be exceeded to the extent that the size and shape of the particular portion of the coastal marine area concerned make it impracticable to comply with the limitation.

317 Exercise of right to purchase authorisations

(1)

The process for exercise of the preferential right to purchase authorisations pursuant to section 316 is the process set out in clauses 12.17.3 and 12.17.4 of the deed of settlement, as quoted in Schedule 105.

(2)

The Minister of Conservation and Te Rūnanga o Ngāi Tahu may agree in writing to amend the terms of the process quoted in Schedule 105, in which case the Minister of Conservation must notify any such amendment in the Gazette, for the purposes of public information.

318 Te Rūnanga o Ngāi Tahu deemed to have made tender

(1)

For the purposes of this Part and sections 159 to 161 of the Resource Management Act 1991, where Te Rūnanga o Ngāi Tahu has, pursuant to section 316, a preferential right to purchase authorisations, Te Rūnanga o Ngāi Tahu is deemed to have lodged (for $1 remuneration) a valid tender for the authorisations that complies with section 158 of that Act.

(2)

If, in response to an offer by tender referred to in section 316(1), the Minister of Conservation receives no tenders or the Minister considers that he or she would reject every one of any tenders lodged, the tender that Te Rūnanga o Ngāi Tahu is deemed to have lodged pursuant to subsection (1) is, for the purposes of this Part, deemed to be the tender most preferred by the Minister for the authorisations concerned.

319 Resource Management Act 1991 not affected

Except as provided in sections 315 to 318, nothing in this Act limits or affects the powers, functions, and duties of the Minister of Conservation under sections 151 to 162 of the Resource Management Act 1991.

320 Sections 315 to 318 not to affect or create rights on coastal marine areas

Except as provided in sections 315 to 318, nothing in this Act or in clause 12.17 of the deed of settlement—

(a)

affects the lawful rights or interests of persons who are not parties to the deed of settlement in relation to a coastal marine area; or

(b)

grants, creates, or evidences an estate or interest in, or rights of any kind, relating to a coastal marine area.

Part 13 Specific sites

321 Purpose of this Part

The purpose of this Part is to provide for the legislative matters contemplated by section 13 (specific sites) of the deed of settlement.

322 Effective date of matters set out in this Part

Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is the settlement date.

323 Interpretation

In this Part, Minister means the Minister of Conservation.

Arahura Valley

324 Interpretation

In sections 325 and 326,—

legal roads means the land described by that name in Schedule 106

top section means the land described by that name in Schedule 106

Waitaiki Historic Reserve means the reserve created by section 326(2)⁠(a).

325 Stopping and vesting legal roads

(1)

The legal roads are stopped.

(2)

The fee simple estate in the legal roads is vested in the Māwhera Incorporation as Māori freehold land.

(3)

The vesting by subsection (2) is subject to the encumbrances relating to the legal roads described in Schedule 106.

(4)

For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

326 Creation and management of Waitaiki Historic Reserve

(1)

The top section ceases to be a conservation area.

(2)

The top section is deemed to be—

(a)

declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977; and

(b)

vested in the Māwhera Incorporation pursuant to section 26 of the Reserves Act 1977, as an historic reserve, subject to the conditions and restrictions set out in attachment 13.1 of the deed of settlement (as quoted in Schedule 107); and

(c)

named the “Waitaiki Historic Reserve” pursuant to section 16(10) of the Reserves Act 1977.

(3)

The quoting in Schedule 107 of the conditions and restrictions set out in attachment 13.1 of the deed of settlement is a matter of record only and does not give them any greater force or effect than they have as special conditions and restrictions under section 26(2) of the Reserves Act 1977.

(4)

In relation to the Waitaiki Historic Reserve, the Māwhera Incorporation is an administering body for the purposes of the Reserves Act 1977.

Rarotoka

327 Rarotoka to be vested in Te Rūnanga o Ngāi Tahu as Māori freehold land

(1)

In this section, Rarotoka means the land described by that name in Schedule 106.

(2)

The fee simple estate in Rarotoka is vested in Te Rūnanga o Ngāi Tahu as Māori freehold land.

(3)

For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

Whenua Hou

328 Interpretation

In sections 329 to 332, unless the context otherwise requires,—

Codfish Island Nature Reserve means the land described by that name in Schedule 106

committee means the committee of the Southland Conservation Board created pursuant to section 331(1)

Whenua Hou means the Codfish Island Nature Reserve together with the islets and stacks adjacent to the Codfish Island Nature Reserve, as shown on Allocation Plan SS 431 (SO 12251).

329 Change of name of Codfish Island Nature Reserve

The name of Codfish Island Nature Reserve is deemed to be changed to “Whenua Hou Nature Reserve” pursuant to section 16(10) of the Reserves Act 1977.

330 Whenua Hou Nature Reserve to include adjacent islets and stacks

The islets and stacks adjacent to the Whenua Hou Nature Reserve, as shown on Allocation Plan SS 431 (SO 12251), are—

(a)

deemed to be declared a reserve, and classified as a nature reserve, pursuant to section 16 of the Reserves Act 1977; and

(b)

added to and become part of the Whenua Hou Nature Reserve.

331 Southland Conservation Board to appoint committee in respect of Whenua Hou

(1)

Within 6 months from the settlement date, the Southland Conservation Board must appoint, pursuant to section 6N(2)⁠(b) of the Conservation Act 1987, a committee of not more than 8 members consisting of—

(a)

1 representative of each of the 4 Southland Papatipu Rūnanga, being Waihopai Rūnaka, Te Rūnanga o Awarua, Te Rūnanga o Oraka Aparima, and Hokonui Rūnaka; and

(b)

4 members of the Southland Conservation Board.

(2)

The failure of any of the 4 Southland Papatipu Rūnanga or of the Southland Conservation Board to put forward representatives or members for appointment to the committee pursuant to subsection (1) does not affect the obligation of the Southland Conservation Board to appoint the committee, the validity of the committee, or the exercise by the committee of its functions.

(3)

The reasonable costs and expenses incurred by the committee in exercising the functions and obligations conferred upon it by this section must be paid for by the Crown as soon as reasonably practicable after application by the committee to the Director-General of Conservation.

(4)

The committee may advise the Southland Conservation Board, the New Zealand Conservation Authority, and the Minister on all matters relating to the control and management of Whenua Hou.

(5)

The Southland Conservation Board, the New Zealand Conservation Authority, and the Minister must consult with, and have particular regard to, the views of the committee, whenever it is practicable to do so, on all matters relating to the control and management of Whenua Hou.

(6)

The committee must, after consultation with the Director-General of Conservation, prepare a policy in accordance with section 20 of the Reserves Act 1977 setting out the conditions under which the Minister may grant permits for access to Whenua Hou under section 57 of that Act.

(7)

Pursuant to section 6N(2)⁠(b) of the Conservation Act 1987, the Southland Conservation Board may delegate to the committee such other powers and functions in relation to Whenua Hou as it considers appropriate.

332 Statutory acknowledgement for Whenua Hou

(1)

The Crown acknowledges the statement made by Te Rūnanga o Ngāi Tahu of the particular cultural, spiritual, historic, and traditional association of Ngāi Tahu with Whenua Hou, the text of which is set out in Schedule 108.

(2)

Sections 205 and 207 to 220 apply to Whenua Hou as if every reference to—

(a)

a statutory acknowledgement in those sections were a reference to the acknowledgement made by the Crown by virtue of subsection (1) in respect of Whenua Hou, and on the terms set out in sections 207 to 220; and

(b)

statutory areas in those sections were a reference to Whenua Hou.

Crown Tītī Islands

333 Interpretation

In sections 334 to 337, unless the context otherwise requires,—

commencement date means the date on which the Minister approves the initial bylaws for the control and management of the Crown Tītī Islands pursuant to clause 13.6.6 of the deed of settlement

Crown Tītī Islands means the land described by that name in Schedule 106

Rakiura Māori means any person who is a member of the Ngāi Tahu tribe or Ngāti Mamoe tribe and is a descendant of the original Māori owners of Rakiura/Stewart Island

Rakiura Tītī Committee means the committee elected pursuant to regulation 7(1)⁠(c) of the Titi (Muttonbird) Islands Regulations 1978.

334 Crown Tītī Islands vested in Te Rūnanga o Ngāi Tahu

(1)

The Crown Tītī Islands cease to be a conservation area.

(2)

The fee simple estate in the Crown Tītī Islands is vested in Te Rūnanga o Ngāi Tahu.

(3)

For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

335 Interim management of Crown Tītī Islands as if conservation area

Notwithstanding section 334, the Crown Tītī Islands must continue to be managed by the Crown as if they were a conservation area from the settlement date to the commencement date and—

(a)

neither Te Rūnanga o Ngāi Tahu, nor the Crown will undertake any activity that would prejudice—

(i)

the customary rights of Rakiura Māori to take tītī on a sustainable basis; or

(ii)

the control and management of the Crown Tītī Islands in accordance with clause 13.6 of the deed of settlement; and

(b)

the management will be undertaken in accordance with the Titi (Muttonbird) Islands Regulations 1978 as in force on 21 November 1997 together with any amendments to those regulations that are not inconsistent with paragraph (a); and

(c)

section 334 does not limit or affect the power of the Minister to apply sections 36 to 47 of the Conservation Act 1987 to the Crown Tītī Islands until the commencement date.

336 Control and management of Crown Tītī Islands

(1)

As soon as practicable after the Minister is notified, in accordance with clause 13.6.3 of the deed of settlement, of the persons selected by the Rakiura Tītī Committee and Te Rūnanga o Ngāi Tahu in accordance with that clause, the Minister must, by notice in the Gazette, appoint those persons as an administering body (for the purposes of section 2 of the Reserves Act 1977) of the Crown Tītī Islands.

(2)

On the commencement date, the administering body appointed pursuant to subsection (1) is deemed to be appointed by the Minister pursuant to section 38(2) of the Reserves Act 1977 as an administering body to control and manage the Crown Tītī Islands as if they were a nature reserve, subject to the terms and conditions set out in attachments 13.8 and 13.9 of the deed of settlement (as quoted in Schedules 109 and 110) as if they were approved under section 38(2) of the Reserves Act 1977.

(3)

The control and management of the Crown Tītī Islands in accordance with subsection (2) is subject to the customary rights of Rakiura Māori to take tītī on a sustainable basis, so that those rights are not in any way adversely affected by the control and management of the Crown Tītī Islands in accordance with that subsection.

(4)

The agreement and approval of Te Rūnanga o Ngāi Tahu in clause 13.6.9 of the deed of settlement to the control and management of the Crown Tītī Islands in accordance with subsection (2) is sufficient for the purposes of section 38(2) of the Reserves Act 1977.

(5)

The approval of the Minister of Conservation to the control and management of the Crown Tītī Islands in accordance with subsection (2) is deemed to be given for the purposes of section 38(2) of the Reserves Act 1977.

(6)

The quoting in Schedules 109 and 110 of the terms and conditions as to the use of the Crown Tītī Islands is a matter of record only and does not give them any greater force or effect than they have as terms and conditions as to the use of the Crown Tītī Islands under section 38(2) of the Reserves Act 1977.

(7)

Except as otherwise provided in this section, the administering body appointed pursuant to subsection (1) may exercise all the functions and powers of an administering body under the Reserves Act 1977.

(8)

The administering body appointed pursuant to subsection (1) may make bylaws relating to the management of the Crown Tītī Islands in accordance with clause 13.6 of the deed of settlement.

(9)

The Crown must, each year, pay those costs of the administering body appointed pursuant to subsection (1)—

(a)

that are set out in an annual budget for that year that has been approved by the Minister; and

(b)

that relate to the control and management of the Crown Tītī Islands as if they were a nature reserve.

337 Amendments to Titi (Muttonbird) Islands Regulations 1978

(1), (2)

Amendment(s) incorporated in the regulations.

(3)

The Minister must, as soon as practicable, advise by notice in the Gazette when subsections (1) and (2) take effect.

Part 14 Ancillary claims

338 Purpose of this Part

The purpose of this Part is to provide for the legislative matters contemplated by section 14 (ancillary claims) of the deed of settlement.

339 Intepretation

In this Part, unless the context otherwise requires,—

ancillary claims means the claims for which redress is to be provided pursuant to this Part and section 14 of the deed of settlement and, for the purposes of sections 342 to 347, includes the claim for which redress is to be provided pursuant to sections 454 to 456 and clause 15.11 of the deed of settlement

ancillary claims trustees means the trustees for the time being of the Ngāi Tahu ancillary claims trust

beneficiary means a person who suffered a loss giving rise to an ancillary claim or, in the event that any such person is deceased, the successors of that person

claim property means the land, interest in land, Fenton entitlement, or customary fishing entitlement to be provided by the Crown as redress for an ancillary claim for which the ancillary claims trustees are to find the beneficiaries and which will vest in the ancillary claims trustees

customary fishing entitlement means an entitlement created and granted pursuant to section 372(1) and (2)

Fenton entitlement means an entitlement created and granted pursuant to section 355(1) and (2)

Ngāi Tahu ancillary claims trust means the trust to be established pursuant to section 342 to hold claim property which is to be vested in the beneficiaries of ancillary claims on trust, pending the identification of those beneficiaries

successors means, until the determination of the beneficiaries of an ancillary claim in accordance with paragraph 7 of attachment 14.2 of the deed of settlement,—

(a)

all persons entitled to succeed to the interest of any deceased beneficiary, determined as if section 109 of Te Ture Whenua Maori Act 1993 applied to the deceased beneficiary, and to every deceased successor to that beneficiary, upon the beneficiary’s death (notwithstanding that the beneficiary may not have died intestate and that the land to which the ancillary claim relates is not Māori freehold land); or

(b)

where no person is primarily entitled to succeed to a deceased beneficiary, the persons determined as if section 114 of Te Ture Whenua Maori Act 1993 applied to that beneficiary

trust deed means the ancillary claims trust deed set out in attachment 14.1 of the deed of settlement.

Vesting of properties

340 Effective date of matters set out in this Part

Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is 30 business days after the settlement date.

341 Delayed vesting of certain properties

(1)

In this section, delayed vesting properties means—

(a)

the Kaikōura town section (as defined in section 351):

(b)

the Kaikōura suburban site (as defined in section 351):

(c)

the Arawhata site (No 1) (as defined in section 395):

(d)

the Waimumu site (No 2) (as defined in section 416):

(e)

the Waimumu site (No 3) (as defined in section 416):

(f)

the Invercargill site (as defined in section 421).

(2)

Each of the delayed vesting properties is vested in the ancillary claims trustees on the earlier of the following days:

(a)

the day that is 30 business days after the settlement date (if the Crown has title to the delayed vesting property concerned at that date):

(b)

the business day following the date upon which the Crown acquires title to the delayed vesting property concerned, being not later than 6 months after the settlement date:

(c)

if the Crown does not have title and is unable to acquire title to the delayed vesting property concerned in accordance with paragraph (b), the business day following the completion of the procedure set out in section 21.

(3)

The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable after each of the delayed vesting properties is vested in the ancillary claims trustees, advise by notice in the Gazette when that delayed vesting property was vested.

Ngāi Tahu Ancillary Claims Trust

342 Ngāi Tahu ancillary claims trust to be established

(1)

The Crown must establish a trust, to be known as the Ngāi Tahu Ancillary Claims Trust, on or before the date which is 25 business days after the settlement date.

(2)

The terms of the trust deed under which the Ngāi Tahu ancillary claims trust is established are those specified in attachment 14.1 of the deed of settlement.

(3)

Claim property vested in the ancillary claims trustees by this Part or sections 454 to 456 is to be held subject to the terms of the trust deed.

343 Funding of Ngāi Tahu ancillary claims trust

(1)

The Crown must provide funds to the ancillary claims trustees in accordance with clause 6 of the trust deed.

(2)

Funds provided to the ancillary claims trustees under subsection (1) are to be held subject to the terms of the trust deed.

344 Identification of beneficiaries by ancillary claims trustees

The ancillary claims trustees must undertake the process described in attachment 14.2 of the deed of settlement.

345 Jurisdiction of Maori Land Court extended

The Maori Land Court has jurisdiction for the purposes of attachment 14.2 of the deed of settlement to take the following actions:

(a)

on the application of the ancillary claims trustees, confirm the final list of beneficiaries pursuant to paragraph 13 of that attachment:

(b)

hear and determine objections to the final list of beneficiaries pursuant to paragraph 16 of that attachment:

(c)

amend the final list of beneficiaries pursuant to paragraph 17 of that attachment:

(d)

on the application of the ancillary claims trustees, call a meeting of beneficiaries pursuant to paragraph 18 of that attachment.

346 Vesting of claim property that is subject to Ngāi Tahu ancillary claims trust

(1)

The Maori Land Court has the jurisdiction to make, on the application of the ancillary claims trustees once the prerequisites set out in attachment 14.2 of the deed of settlement have been satisfied, vesting orders in relation to claim property for the purpose of paragraph 21 of that attachment.

(2)

The Maori Land Court has the jurisdiction to make, on the application of the ancillary claims trustees once the prerequisites set out in clause 5.2 of attachment 14.1 of the deed of settlement have been satisfied, vesting orders in relation to claim property for the purpose of that clause.

(3)

The Maori Land Court has jurisdiction to make vesting orders pursuant to subsections (1) and (2) notwithstanding the fact that a claim property subject to the vesting order is not Māori freehold land belonging to an estate to which Part 4 of Te Ture Whenua Maori Act 1993 applies.

347 Subsequent inclusion in vesting order

(1)

Once a vesting order has been made pursuant to section 346(1), any beneficiary or person who considers that he or she should have been included in that vesting order may apply to the Maori Land Court under section 18 of Te Ture Whenua Maori Act 1993 to be included in that vesting order.

(2)

A person may apply to the Maori Land Court pursuant to subsection (1) notwithstanding the fact that the claim property subject to the vesting order is not Māori freehold land belonging to an estate to which Part 4 of Te Ture Whenua Maori Act 1993 applies.

(3)

The Maori Land Court has the jurisdiction to hear and determine an application made pursuant to subsection (1) and, if it finds in favour of the applicant and it considers it is just and equitable to do so in the circumstances, may, by order of the court,—

(a)

make the applicant a party to the vesting order made in relation to the relevant claim property; and

(b)

entitle that applicant to share in the holding of the claim property in whatever form that may take; and

(c)

entitle that applicant to the share of the claim property which he or she ought to have received; and

(d)

adjust the interests of other relevant beneficiaries in that claim property in accordance with the Maori Land Court’s findings.

348 Ngāi Tahu Ancillary Claims Trust an organisation named or described in Schedule 4 of Public Finance Act 1989

(1)

The Ngāi Tahu Ancillary Claims Trust is an organisation named or described in Schedule 4 of the Public Finance Act 1989.

(2)

To avoid doubt, the obligations of the Ngāi Tahu Ancillary Claims Trust under the Public Finance Act 1989 are the responsibility of the trustees of the Ngāi Tahu Claims Trust.

Section 348: substituted, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

349 Auditor-General to be auditor of Trust

The Ngāi Tahu Ancillary Claims Trust is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

Section 349: substituted, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

350 Ngāi Tahu Ancillary Claims Trust to be Crown entity
[Repealed]

Section 350: repealed, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Claim 1 (Waiharakeke J and Ōmihi K); claim 2 (Mangamaunu A)

351 Vesting of Kaikōura town section and Kaikōura suburban site

(1)

In this section, Kaikōura town section and Kaikōura suburban site mean the lands described by those names in Schedule 111.

(2)

The fee simple estate in each of the Kaikōura town section and the Kaikōura suburban site is vested in the ancillary claims trustees.

Claim 101 (Kaikōura E)

352 Interpretation

In section 353, Trustees of the Takahanga Marae means the persons appointed as the trustees of the Māori reservation described in section 353 as the Takahanga Pā site (No 1) by the Maori Land Court pursuant to section 338 of Te Ture Whenua Maori Act 1993 as at the settlement date.

353 Vesting of Takahanga Pā site (No 2)

(1)

In this section, Takahanga Pā site (No 1) and Takahanga Pā site (No 2) mean the lands described by those names in Schedule 111.

(2)

The fee simple estate in the Takahanga Pā site (No 2) is vested in the trustees of the Takahanga Marae.

(3)

The Takahanga Pā site (No 2) is deemed to—

(a)

be included in the Māori reservation described in this section as Takahanga Pā site (No 1); and

(b)

form part of that reservation accordingly,—

as if it were declared to be included in, and to form part of, that reservation by section 338(2) of Te Ture Whenua Maori Act 1993.

(4)

Subsections (2) and (3) take effect on the settlement date.

Claim 3 (Taerutu); claim 4 (Waimaiaia); claim 5 (Torotoroa); claim 6 (Te Aka Aka); and claim 10 (Pukatahi and Te Houriri)
Fenton entitlements

354 Interpretation

In sections 355 to 370, unless the context otherwise requires,—

entitlement land means a site over which a Fenton entitlement is granted

Fenton reserves means the Taerutu, Waimaiaia, Torotoroa, Te Aka Aka, Pukatahi and Te Houriri reserves (claims 3 to 6, and 10 as set out in the Ngāi Tahu Ancillary Claims Report 1995)

holder means the beneficiaries of the Fenton reserves, as determined by the ancillary claims trustees pursuant to section 344, entitled to a Fenton entitlement and the associated customary fishing entitlement; and, where the context requires, means the beneficiaries of one of the Fenton reserves

land holding agent means the Minister of the Crown responsible for the department which manages the existing or proposed entitlement land, or the Commissioner of Crown Lands, as the case may be

representative body means the person, group or body elected, created, or constituted pursuant to section 357 to represent the holders of a Fenton entitlement.

355 Creation and granting of Fenton entitlements

(1)

The Crown may create and grant to the ancillary claims trustees, or a holder, entitlements over Crown-owned land in the Ngāi Tahu claim area, other than land in a national park, a marginal strip, a nature reserve, an esplanade reserve, a scientific reserve, or that part of an unformed legal road (including a road reserve) within 20 metres of a waterway, which, for the purposes of section 359, also meets the criteria set out in that section.

(2)

Fenton entitlements are created and granted for the purpose of permitting the holders to occupy temporarily land close to waterways, so as to have access to waterways for lawful fishing and gathering of other natural resources.

(3)

The Crown must create and grant to the ancillary claims trustees 1 Fenton entitlement for each of the 6 Fenton reserves—

(a)

in the form set out in Schedule 112; and

(b)

over the entitlement land identified in Schedule 113; and

(c)

on the terms and conditions (if any) set out in Schedule 113.

(4)

Fenton entitlements must be granted pursuant to subsection (3) no later than 5 business days after the completion of surveys of the entitlement land and approval of those surveys by the Surveyor-General and, in any event, no later than 6 months after the settlement date.

(5)

Unless suspended pursuant to section 356, Fenton entitlements have effect in perpetuity.

(6)

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the granting of a Fenton entitlement.

(7)

Part 3B of the Conservation Act 1987 does not apply to the granting of a Fenton entitlement.

(8)

The grant of a Fenton entitlement pursuant to subsection (3) must be notified by the land holding agent in the Gazette.

(9)

The Surveyor-General must note the grant of a Fenton entitlement pursuant to subsection (3), and the notice in the Gazette published pursuant to subsection (8), in his or her records.

Section 355(4): amended, on 1 June 2002, pursuant to section 69(1) of the Cadastral Survey Act 2002 (2002 No 12).

Section 355(9): amended, on 1 June 2002, pursuant to section 69(1) of the Cadastral Survey Act 2002 (2002 No 12).

356 Stopping of legal road

(1)

In this section, Te Houriri site means the land described by that name in Schedule 111.

(2)

The legal road on the Te Houriri site is stopped on the settlement date.

357 Representative body of holders of Fenton entitlement

(1)

The holders of a Fenton entitlement must, within 6 months of the vesting order made by the Maori Land Court in relation to the Fenton entitlement pursuant to subsection 346(1) and at all times thereafter, have a representative body for the purposes of facilitating communication by and with the land holding agent in respect of the use and management of the Fenton entitlement.

(2)

The Crown may, after taking reasonable steps to notify the holders of their obligations under subsection (1), suspend a Fenton entitlement if, and for so long as, the holders of a Fenton entitlement do not comply with that subsection.

(3)

At the meeting of the holders of a Fenton entitlement held pursuant to paragraph 18 of attachment 14.2 of the deed of settlement, the form that the representative body is to take must be put forward for consideration and resolution by those holders in accordance with the procedures set out in the Maori Assembled Owners Regulations 1995.

(4)

If the holders of a Fenton entitlement do not make a decision in accordance with subsection (3), they are deemed to have chosen—

(a)

the option which received the most votes in accordance with the procedures set out in the Maori Assembled Owners Regulations 1995; or

(b)

if no votes are cast, an ahu whenua trust constituted pursuant to subsection (3).

(5)

If subsection (4)⁠(b) applies,—

(a)

the holders of the Fenton entitlement must nominate up to 10 holders of that Fenton entitlement to be the trustees of an ahu whenua trust; and

(b)

the trust property of the ahu whenua trust is the Fenton entitlement to be granted to the holders; and

(c)

the ahu whenua trust is constituted on the day following the nomination of holders pursuant to paragraph (a) as if it were constituted pursuant to section 215 of Te Ture Whenua Maori Act 1993, notwithstanding anything to the contrary in that section.

(6)

For the purposes of sections 355 to 370, the representative body is the representative of the holders of a Fenton entitlement.

(7)

The representative body must, as soon as practicable after it is established, notify the Maori Land Court of its form, and an address to which communications to the holders may be sent or delivered.

(8)

Solely for the purposes of allowing for the establishment and operation of a representative body, Fenton entitlements are deemed to be a property interest capable of being held by the representative body.

358 Maori Land Court to open and maintain registers of holders

(1)

The Maori Land Court must, from the date of the vesting order made by the Maori Land Court for each Fenton entitlement pursuant to section 346(1), open and maintain a register of the holders of that entitlement, which constitutes the official record of the holders, together with the address of each (where known).

(2)

If there are more than 50 holders of a Fenton entitlement, the Maori Land Court must, unless the register is in such form as to constitute in itself an index, keep an accurate index of the names of the holders, containing a sufficient indication to enable the location of the entry in the register relating to each holder.

(3)

The Maori Land Court must keep a record of the representative body of a Fenton entitlement, as notified to it pursuant to section 357(7), on the register.

(4)

The register must, during office hours, be open to public inspection on payment of the fee, if any, prescribed in respect of such inspection.

359 Replacement of entitlement land

The land over which Fenton entitlements may be granted, in order to replace entitlement land over which a Fenton entitlement has been granted pursuant to section 355(3), is to be determined by the land holding agent and the Minister of Māori Affairs in agreement with the holders and must be land—

(a)

already in Crown ownership; and

(b)

of approximately 1 hectare in area (unless otherwise agreed in writing by those persons) and suitable for temporary occupation; and

(c)

situated sufficiently close to a waterway to permit convenient access to the waterway (normally land adjacent to the marginal strip or esplanade reserve or similar strip bordering the waterway itself); and

(d)

to which lawful access exists; and

(e)

where the existing practices and patterns of public use at the time the Fenton entitlement is created are not unreasonably impaired by the granting of a Fenton entitlement; and

(f)

the location of which does not unreasonably exclude public access to any waterway.

360 Rights attaching to Fenton entitlements

(1)

The holder of a Fenton entitlement has the right to occupy temporarily the entitlement land to the exclusion of any other person (other than agents of the Crown or other persons empowered by statute, and undertaking their normal functions in relation to the land) for up to 210 days in any calendar year (such days to exclude any day on and from 1 May to 15 August).

(2)

The holder has the right to erect camping shelters or similar temporary dwellings during the period or periods that the right to occupy the entitlement land pursuant to subsection (1) is being exercised.

(3)

The holder must,—

(a)

when ceasing to exercise the right to occupy the entitlement land pursuant to subsection (1), remove camping shelters or temporary dwellings erected pursuant to subsection (2); and

(b)

leave the entitlement land in substantially the same condition as it was in at the beginning of the period in each year when occupation may commence pursuant to subsection (1), except for temporary effects normally associated with this type of occupation.

(4)

Notwithstanding subsection (3) but subject to subsections (5) to (8) and section 361(4), the holder may, with the consent of the land holding agent, undertake such activities on the entitlement land as may be reasonably necessary to enable the entitlement land to be used for the purpose set out in section 355(2).

(5)

The giving of consent by a land holding agent pursuant to subsection (4) is completely at the land holding agent’s discretion and subject to such conditions as the land holding agent thinks fit.

(6)

Where entitlement land is land held under the Conservation Act 1987 or a statute listed in Schedule 1 of the Conservation Act 1987, the land holding agent may, in considering whether to give consent pursuant to subsection (4),—

(a)

require an environmental impact report in relation to the proposed activities and an audit of that report at the holder’s expense; and

(b)

impose reasonable conditions to avoid, remedy, or mitigate any adverse effects of the activities on the entitlement land and the surrounding land or on any wildlife.

(7)

When applying for a consent pursuant to subsection (4), the holder must provide to the land holding agent details of the proposed activities, including but not limited to—

(a)

the effect of the activities on the entitlement land and, where the entitlement land is land held under the Conservation Act 1987 or a statute listed in Schedule 1 of the Conservation Act 1987, on the surrounding land and upon any wildlife; and

(b)

any proposed measures by the holder to avoid, remedy, or mitigate any adverse effects.

(8)

If the Crown has complied with its obligations under the Fenton entitlement, it is not obliged to compensate the holder for any activities undertaken by the holder pursuant to subsection (4), whether on suspension of the Fenton entitlement or at any other time.

(9)

Part 3B of the Conservation Act 1987 does not apply to this section.

361 Obligations related to Fenton entitlements

(1)

The existence and exercise of a Fenton entitlement—

(a)

must not impede public access along a waterway; and

(b)

does not restrict the Crown’s right to alienate either the entitlement land, land adjacent to the entitlement land, or land adjacent to the waterway next to which the entitlement land is situated.

(2)

If the Crown alienates, or changes the classification or status of, land adjacent to the entitlement land, with the result that lawful access to the entitlement land no longer exists, the Crown must ensure that the holders continue to have the same type of access to the entitlement land as existed prior to the alienation or change of classification or status, unless and until the Fenton entitlement over that entitlement land is suspended pursuant to section 366.

(3)

The Crown’s obligations pursuant to subsection (2) are subject to its obligation to comply with any statutory or regulatory requirements.

(4)

The holder, and the activities carried on by the holder on the entitlement land (including any work undertaken on the entitlement land under section 360(4) to (8)), are subject to all laws, bylaws, regulations, and land and water management practices relating to the entitlement land.

(5)

In carrying out land and water management practices relating to the entitlement land, the land holding agent must—

(a)

have regard to the existence of the Fenton entitlement; and

(b)

notify the holder of any activity which may affect the holder; and

(c)

avoid unreasonable disruption to the holder.

(6)

Subject to subsection (5),—

(a)

a Fenton entitlement may be suspended at any time at the discretion of the land holding agent, after consulting with the holders and having particular regard to their views, if necessary for reasons of management in accordance with the purposes for which the land over which the Fenton entitlement has been granted is held; and

(b)

if a Fenton entitlement is suspended pursuant to this subsection, the rights under that Fenton entitlement may be exercised by the holder outside the entitlement period described in section 360(1) for a time equal to the period of suspension.

(7)

The holder of a Fenton entitlement has rights of enforcement of the Fenton entitlement against a person who is not a party to the deed of settlement as if the holder were the owner of the entitlement land.

(8)

Fenton entitlements are subject to—

(a)

such other special terms and conditions as the Crown reasonably requires to give effect to sections 354 to 370; and

(b)

such variations as may be agreed by the land holding agent and the holders to the provisions of section 360

which are contained in each particular Fenton entitlement.

362 Boundaries of entitlement land

The boundaries of entitlement land must be defined by 1 or more of the following methods:

(a)

by reference to any plan lodged in the office of the Surveyor-General and approved by the Surveyor-General:

(b)

by reference to any existing survey plan:

(c)

in accordance with a plan that meets standards agreed from time to time by the land holding agent and the Surveyor-General.

Section 362(a): amended, on 1 June 2002, pursuant to section 69(1) of the Cadastral Survey Act 2002 (2002 No 12).

363 Section 44 of Reserves Act 1977 not to apply

Section 44 of the Reserves Act 1977 does not apply to Fenton entitlements which are granted over land held under that Act.

364 Rates

The grant of a Fenton entitlement is not a lease, licence, or other agreement for the purposes of note 2 of Part 1 of Schedule 1 of the Local Government (Rating) Act 2002.

Section 364: substituted, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

365 Targeted rates

The holders are liable to pay targeted rates under section 9 of the Local Government (Rating) Act 2002 in respect of the entitlement land in proportion to the period for which the holders are entitled to occupy the entitlement land under section 360(1).

Section 365: substituted, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

366 Suspension of Fenton entitlements

(1)

The Crown may suspend a Fenton entitlement or terminate its application to an area of entitlement land if—

(a)

the Crown alienates the entitlement land; or

(b)

the entitlement land is destroyed or permanently detrimentally affected by any natural cause; or

(c)

it is a condition of the Fenton entitlement that the entitlement land is on reserve land which may be required for the specific purpose for which it was originally set apart as a reserve and it becomes so required, or it is an unformed legal road which becomes formed; or

(d)

subject to section 361(2), lawful access to the entitlement land no longer exists; or

(e)

section 357(2) applies; or

(f)

the customary fishing entitlement held by the holders of the same Fenton entitlement is suspended, or the application of that customary fishing entitlement to the area of the bed of the waterway over which the customary fishing entitlement is created is terminated.

(2)

On suspension of a Fenton entitlement pursuant to subsection (1), and upon application by the holder to the Minister of Māori Affairs, the Crown must take reasonable steps to either—

(a)

reinstate that Fenton entitlement (varied, if necessary, by written agreement); or

(b)

grant a replacement area of entitlement land over another site.

(3)

A replacement area of entitlement land granted pursuant to subsection (2)⁠(b) must—

(a)

meet the criteria set out in sections 355(1), 359, and 361(1); and

(b)

be identified by similar processes to those used by Te Rūnanga o Ngāi Tahu and the Crown for identification of entitlement land prior to entry into the deed of settlement.

(4)

If the holder of a Fenton entitlement defaults in performing any of the holder’s obligations under the Fenton entitlement, and—

(a)

the default is capable of remedy, the Crown may give written notice to the holder specifying the default and the remedy which the Crown requires (which remedy must be reasonable in the relevant circumstances); or

(b)

the default is not capable of remedy, the Crown may immediately suspend the Fenton entitlement by notice in writing to the holder.

(5)

Unless within 41 business days after the giving of notice pursuant to subsection (4)⁠(a) the default specified in the notice has been remedied, or appropriate action has been taken to remedy the default as required in that notice, the Crown may immediately suspend the Fenton entitlement by notice in writing to the holder.

(6)

If a Fenton entitlement is suspended pursuant to subsection (4)⁠(b) or subsection (5), the holder may apply to the Minister of Māori Affairs for a reinstatement of the Fenton entitlement after the expiry of 2 years from the date of suspension.

367 Purpose of creation of Fenton entitlements

Without limiting sections 368 and 369, the creation of Fenton entitlements is for the sole purpose of permitting holders to occupy temporarily land close to waterways, as provided in section 355(2).

368 Rights not affected

Except as expressly provided in sections 354 to 370, the existence of a Fenton entitlement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

369 Limitation of rights

Except as expressly provided in sections 354 to 370, the existence of a Fenton entitlement does not, of itself, have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, the entitlement land.

370 Succession to Fenton entitlements

(1)

A holder of a Fenton entitlement may not assign or grant a sub-entitlement to the holder’s rights under that entitlement.

(2)

Notwithstanding section 369, the rights of a holder under a Fenton entitlement may only be disposed of in accordance with sections 108 and 109 of Te Ture Whenua Maori Act 1993.

Claim 3 (Taerutu); claim 4 (Waimaiaia); claim 5 (Torotoroa); claim 6 (Te Aka Aka); and claim 10 (Pukatahi and Te Houriri)
Customary fishing entitlements

371 Interpretation

In sections 372 to 386, unless the context otherwise requires,—

entitlement area means an area of the bed of a waterway over which a customary fishing entitlement is granted

Fenton reserves has the meaning given to it in section 354

holder has the meaning given to it in section 354

land holding agent means the Minister of the Crown responsible for the department which manages the existing or proposed entitlement area, or the Commissioner of Crown Lands, as the case may be.

372 Creation and granting of customary fishing entitlements

(1)

The Crown may create and grant to the ancillary claims trustees, or a holder, entitlements over an area of the bed of a Crown-owned waterway in the Ngāi Tahu claim area which, for the purposes of section 375, also meets the criteria set out in that section.

(2)

Customary fishing entitlements are created and granted for the purpose of permitting the holder to occupy temporarily and exclusively an area of the bed of a waterway for lawful fishing and gathering of natural resources.

(3)

The Crown must create and grant to the ancillary claims trustees 1 customary fishing entitlement for each of the 6 Fenton reserves—

(a)

in the form set out in Schedule 114; and

(b)

over the entitlement area identified in Schedule 115; and

(c)

on the terms and conditions (if any) set out in Schedule 115.

(4)

Customary fishing entitlements must be granted pursuant to subsection (3) no later than 5 business days after the completion of surveys of the entitlement area and approval of those surveys by the Surveyor-General and, in any event, no later than 6 months after the settlement date.

(5)

Unless suspended pursuant to section 382, customary fishing entitlements have effect in perpetuity.

(6)

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the granting of a customary fishing entitlement.

(7)

Part 3B of the Conservation Act 1987 does not apply to the granting of a customary fishing entitlement.

(8)

The grant of a customary fishing entitlement pursuant to subsection (3) must be notified by the land holding agent in the Gazette.

(9)

The Surveyor-General must note the grant of a customary fishing entitlement pursuant to subsection (3), and the notice in the Gazette published pursuant to subsection (8), in his or her records.

Section 372(4): amended, on 1 June 2002, pursuant to section 69(1) of the Cadastral Survey Act 2002 (2002 No 12).

Section 372(9): amended, on 1 June 2002, pursuant to section 69(1) of the Cadastral Survey Act 2002 (2002 No 12).

373 Representative body of holders of customary fishing entitlement

For the purposes of sections 372 to 386, the representative body established pursuant to section 357 is the representative body of the holders of the associated customary fishing entitlement.

374 Register of holders of customary fishing entitlement

The register of holders opened and maintained by the Maori Land Court pursuant to section 358 is the register of the holders of the associated customary fishing entitlement.

375 Replacement of entitlement area

(1)

The area of the bed of a waterway over which customary fishing entitlements may be granted in order to replace an entitlement area over which a customary fishing entitlement has been granted pursuant to section 372(3) is to be determined by the land holding agent and the Minister of Māori Affairs in agreement with the holders and must be—

(a)

part of the bed of a waterway already in Crown ownership; and

(b)

up to 100 metres in length; and

(c)

from the mid-point of the width of the waterway to one of the banks of the waterway (unless otherwise agreed in writing by those persons); and

(d)

adjacent to—

(i)

land that is owned or managed by the Crown; or

(ii)

an esplanade reserve, esplanade strip, or an unformed legal road (including a road reserve), whether or not managed by the Crown; and

(e)

conveniently accessible from, but not necessarily directly adjacent to, the area of the Fenton entitlement granted to the same holders.

(2)

A customary fishing entitlement may be granted in respect of an area that is not managed or controlled by the Crown only if the consent of the managing or controlling body has been obtained.

376 Rights attaching to customary fishing entitlements

(1)

The holder of a customary fishing entitlement has the right to occupy temporarily the entitlement area to the exclusion of any other person (other than agents of the Crown or other persons empowered by statute, and undertaking their normal functions in relation to the area) for up to 210 days in any calendar year (such days to exclude any day on and from 1 May to 15 August).

(2)

The holder of a customary fishing entitlement has, during any time while exercising the rights as holder under the associated Fenton entitlement, the exclusive right to use the entitlement area for the