Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005

  • This version was replaced on 29 September 2016 to make corrections to sections 43(2)(b), 124(1) and (4), and Schedule 4 under section 25(1)(j)(ii) and (iii) of the Legislation Act 2012.

Reprint as at 20 May 2014

Coat of Arms of New Zealand

Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005

Public Act
2005 No 72
Date of assent
23 May 2005
see section 2

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 Ministry of Justice.


4Act binds the Crown
6Acknowledgements and apology
7Text of acknowledgements in Māori—Ngā Whakaaetanga na te Karauna
8Text of acknowledgements in English
9Text of apology in Māori—Te Whakapaha na te Karauna
10Text of apology in English
11Interpretation of Act generally
13Meaning of Ngāti Tuwharetoa (Bay of Plenty)
14Meaning of Ngāti Tuwharetoa (Bay of Plenty) historical claims
15Settlement of Ngāti Tuwharetoa (Bay of Plenty) historical claims final
16Jurisdiction of Tribunal to consider claims [Repealed]
17Certain enactments do not apply
18Removal of resumptive memorials
19Rule against perpetuities does not apply
20Timing of actions or matters
21Authority to issue, amend, or cancel protocols
22Protocols subject to the Crown’s obligations
23Enforceability of protocols
24Limitation of rights
25Noting of DOC protocol
26Noting of fisheries protocol
28Te Wahieroa
29Te Atua Reretahi
30Te Kaukahiwi o Tirotirowhetu
31Otitapu Lookout
33Vesting subject to encumbrances
34Intermediate vesting of certain land in the Crown
35Registration of ownership
36Application of other enactments
37Statutory acknowledgements by the Crown
38Purposes of statutory acknowledgements
39Relevant consent authorities to have regard to statutory acknowledgements
40Environment Court to have regard to statutory acknowledgements
41Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
42Recording statutory acknowledgements on statutory plans
43Distribution of resource consent applications to governance entity
44Use of statutory acknowledgement
46Geothermal statutory acknowledgement by the Crown
47Purposes of geothermal statutory acknowledgement
48Relevant consent authorities to have regard to geothermal statutory acknowledgement
49Environment Court to have regard to geothermal statutory acknowledgement
50Recording geothermal statutory acknowledgement on statutory plans
51Distribution of resource consent applications to governance entity
52Use of geothermal statutory acknowledgement
53Authorisation to enter into and amend deeds of recognition
54Purpose of deed of recognition
55Termination of deed of recognition
56Crown management
57Statutory acknowledgements in relation to rivers
58Deed of recognition for rivers
59Crown not precluded from granting other statutory acknowledgements, geothermal statutory acknowledgement, or deeds of recognition
60Exercise of powers, duties, and functions not affected
61Rights not affected
62Limitation of rights
63Amendment to Resource Management Act 1991
65Appointment of members to joint advisory committee
66Constitution of joint advisory committee
67Functions of joint advisory committee
68Advice on Whakapaukorero
69Vacancy in membership of committee
70Costs and expenses of committee
72Grant and renewal of Nohoanga entitlements
73Notification of Nohoanga entitlement
74Form of Nohoanga entitlement may be varied
75Purpose of Nohoanga entitlements
76Occupation of entitlement land by members of Ngāti Tuwharetoa (Bay of Plenty)
77Period of occupation of entitlement land
78Right to erect temporary dwellings
79Condition of land when occupation ceases
80Activities on entitlement land
81Nohoanga entitlements must not impede public access
82Crown functions to continue
83Nohoanga entitlement does not restrict the Crown’s right to alienate land
84Governance entity may enforce rights against other persons
85Crown’s obligation to provide lawful access
86Compliance with laws, bylaws, and land and water management practices
87Rights of governance entity under Nohoanga entitlement not assignable
88Suspension of Nohoanga entitlement
89Termination of Nohoanga entitlement
90Termination of Nohoanga entitlement for breach of obligations
91Notification of termination of Nohoanga entitlement
92Rights of other parties not affected
93No creation of rights in entitlement land
94Part 3B of Conservation Act 1987 not to apply
95Local Government (Rating) Act 2002
96Section 44 of Reserves Act 1977 not to apply
97Section 11 and Part 10 of Resource Management Act 1991 not to apply
98Meaning of Ngāti Tuwharetoa (Bay of Plenty) values
99Declaration of Owhakatihi
100Crown’s acknowledgement of Ngāti Tuwharetoa (Bay of Plenty) values
101Purposes of Owhakatihi
102Agreement on protection principles
103New Zealand Conservation Authority and Conservation Boards to have particular regard to Ngāti Tuwharetoa (Bay of Plenty) values
104New Zealand Conservation Authority and relevant Conservation Boards to consult with governance entity
105Notification of Owhakatihi
106Actions by Director-General
107Amendment to conservation documents
110Notification of actions in Gazette
111Existing classification of Owhakatihi
112Termination of status
113Exercise of powers, duties, and functions
114Rights not affected
115Limitation of rights
116Transfer of commercial redress properties
117Minister of Conservation may grant easements
118Creation of computer register
119Application of other enactments
120Roadways and rights of way
121Meaning of redress licensed land
122Redress licensed land ceases to be Crown forest land
123Governance entity confirmed beneficiary in respect of redress licensed land
124Effect of Crown forestry licences on redress licensed land
125Access to protected sites over redress licensed land
126Right of access subject to Crown forestry licence
127Right of access must be noted on title
Reprint notes