Ngaa Rauru Kiitahi Claims Settlement Act 2005

Reprint
as at 1 January 2014

Coat of Arms of New Zealand

Ngaa Rauru Kiitahi Claims Settlement Act 2005

Public Act2005 No 84
Date of assent27 June 2005
Commencementsee section 2

Note

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

1 Title

2 Commencement

Part 1
Acknowledgements and apology by the Crown to Ngaa Rauru Kiitahi, and preliminary provisions

3 Purpose

4 Act binds the Crown

5 Outline

6 Acknowledgements and apology

7 Text of acknowledgements in Maori—He Whakaaetanga na te Karauna

8 Text of acknowledgements in English

9 Text of apology in Maori—He Whakapaha a te Karauna

10 Text of apology in English

Part 2
Interpretation

11 Interpretation of Act generally

12 Interpretation

13 Meaning of Ngaa Rauru Kiitahi

14 Meaning of Ngaa Rauru Kiitahi historical claims

Part 3
Settlement of historical claims and miscellaneous matters

Subpart 1Settlement of historical claims

Jurisdictions of courts, etc, removed

15 Settlement of Ngaa Rauru Kiitahi historical claims final

Treaty of Waitangi Act 1975 amended

[Repealed]

16 Jurisdiction of Tribunal to consider claims [Repealed]

Protections no longer apply

17 Certain enactments do not apply

18 Removal of resumptive memorials

Subpart 2Settlement of historical claims

Perpetuities

19 Rule against perpetuities does not apply

Date on which actions or matters must occur

20 Timing of actions or matters

Part 4
Cultural redress

Subpart 1Protocols

General provisions

21 Authority to issue, amend, or cancel protocols

22 Protocols subject to the Crown’s obligations

23 Enforceability of protocols

24 Limitation of rights

Noting of certain protocols

25 Noting of DOC protocol

26 Noting of fisheries protocol

27 Noting of MED protocol

Subpart 2Cultural redress properties

Vesting of cultural redress properties

28 Interpretation

29 Bed of Lake Moumahaki

30 Nukumaru site

31 Nukumaru easement

32 Puau site

33 Rehu Village site may be vested in approved transferee

34 Waiinu Beach site

Provisions relating to vesting of cultural redress properties

35 Vesting subject to encumbrances

36 Registration of ownership: general

37 Registration of ownership: Rehu Village site

38 Application of other enactments: general

39 Application of other enactments: Rehu Village site

Subpart 3Statutory acknowledgements and deeds of recognition

Statutory acknowledgements

40 Statutory acknowledgements by the Crown

41 Purposes of statutory acknowledgements

42 Consent authorities to have regard to statutory acknowledgements

43 Environment Court to have regard to statutory acknowledgements

44 Historic Places Trust and Environment Court to have regard to statutory acknowledgements

45 Recording statutory acknowledgements on statutory plans

46 Distribution of resource consent applications to governance entity

47 Use of statutory acknowledgement

Deeds of recognition

48 Authorisation to enter into and amend deeds of recognition

49 Purpose of deed of recognition

50 Termination of deed of recognition

Application of statutory acknowledgements and deeds of recognition in relation to rivers

51 Statutory acknowledgements in relation to rivers

52 Deeds of recognition for rivers

General provisions

53 Crown not precluded from granting other statutory acknowledgement or deed of recognition

54 Exercise of powers, duties, and functions not affected

55 Rights not affected

56 Limitation of rights

Amendment to Resource Management Act 1991

57 Amendment to Resource Management Act 1991

Subpart 4Uukaipoo entitlements

Grant of Uukaipoo entitlements

58 Interpretation

59 Grant and renewal of Uukaipoo entitlements

60 Notification of Uukaipoo entitlement

61 Terms and conditions of Uukaipoo entitlement may be varied

Purpose of Uukaipoo entitlements

62 Purpose of Uukaipoo entitlements

Rights under Uukaipoo entitlements

63 Occupation of Uukaipoo sites by members of Ngaa Rauru Kiitahi

64 Period of occupation of Uukaipoo sites

65 Right to erect temporary dwellings

66 Condition of land when occupation ceases

67 Activities on Uukaipoo sites

Obligations relating to Uukaipoo entitlements

68 Uukaipoo entitlements must not impede public access

69 Crown functions to continue

70 Uukaipoo entitlement does not restrict the Crown’s right to dispose of land

71 Governance entity may enforce rights against other persons

72 Crown’s obligation to provide lawful access

73 Compliance with laws, bylaws, and land and water management practices

74 Rights of governance entity under Uukaipoo entitlement not assignable

Suspension and termination of Uukaipoo entitlement

75 Suspension of Uukaipoo entitlement

76 Termination of Uukaipoo entitlement

77 Termination of Uukaipoo entitlement for breach of obligations

78 Notification of termination of Uukaipoo entitlement

Rights not affected or created

79 Rights of other parties not affected

80 No creation of rights in entitlement land

Application of other enactments

81 Part 3B of Conservation Act 1987 not to apply

82 Local Government (Rating) Act 2002

83 Section 44 of Reserves Act 1977 not to apply

84 Section 11 and Part 10 of Resource Management Act 1991 do not apply

Subpart 5Toopuni

85 Interpretation

86 Declaration of Toopuni

87 Purposes of Toopuni

88 Crown’s acknowledgement of Ngaa Rauru Kiitahi values

89 Agreement on protection principles

90 New Zealand Conservation Authority and Conservation Boards to have particular regard to Ngaa Rauru Kiitahi values

91 New Zealand Conservation Authority and relevant Conservation Boards to consult with governance entity

92 Notification of Toopuni

93 Actions by Director-General

94 Amendments to strategies and plans

95 Regulations

96 Bylaws

97 Notification of actions in Gazette

98 Existing classification of Toopuni

99 Termination of status

100 Exercise of powers, duties, and functions

101 Rights not affected

102 Limitation of rights

Subpart 6Shellfish quota

103 Interpretation

104 Consent to holding excess quota

Subpart 7Coastal tendering

105 Interpretation

106 Preferential right to purchase authorisations

107 Limit on proportion of authorisations able to be purchased

108 Governance entity treated as having made tender

109 Exercise of powers, functions, and duties

110 Rights not affected

111 Limitation of rights

Amendment to Resource Management Act 1991

112 Amendment to section 165R of Resource Management Act 1991

Subpart 8Place name

113 Change of name

Schedule 1
Cultural redress properties

Schedule 2
Uukaipoo sites

Schedule 3
Statutory areas for statutory acknowledgements

Schedule 4
Statutory acknowledgement for Nukumaru Recreation Reserve

Schedule 5
Statutory acknowledgement for Coastal Marine Area adjoining Ngaa Rauru Kiitahi area of interest

Schedule 6
Statutory acknowledgement for Hawkens Lagoon Conservation Area

Schedule 7
Statutory acknowledgement for Lake Beds Conservation Area

Schedule 8
Statutory acknowledgement for Ototoka Scenic Reserve

Schedule 9
Statutory acknowledgement for Patea River

Schedule 10
Statutory acknowledgement for Whenuakura River

Schedule 11
Statutory acknowledgement for Waitotara River

Schedule 12
Toopuni site

Schedule 13
Place name


  • Preamble

    Kupu Whakataki

    (1) I hainatia te Tiriti o Waitangi, teeraa e whakaatahia ana i roto i te reo Paakehaa me te reo Maaori i te Waahanga Tuatahi o te Ture Tiriti o Waitangi 1975, i te tau 1840:

    (2) Kei ngaa whiti (3) ki te (21) o teenei Kupu Whakataki ka kitea he whakaraapopototanga o ngaa koorero o muri i ngaa kereeme o nehe o Ngaa Rauru Kiitahi, kua whakatakotoria ki roto i te whakaaetanga whakataunga i uru tahi ai a Ngaa Rauru Kiitahi me te Karauna:

    Ko Ngaa Rohe o Ngaa Rauru Kiitahi

    (3) E ai ki ngaa kaawai koorero o Ngaa Rauru Kiitahi i te tau 1840, ko te rohe o Ngaa Rauru Kiitahi ka tiimata i te Kaihau-a-Kupe (ko te wahapuu o te Awa o Whanganui). Ko ngaa papa kaainga i nohoia mai ki te Kaihau-a-Kupe, ko Kaihokahoka (ki tai) ko Kokohuia (te waahi repo kei Castlecliff), ko Te Whare Kakaho (ko te waahi o te Tiriti o Wordsworth), ko Pungarehu/Te Ahi Tuatini (ko te Arahanga o Cobham), ko Te Oneheke (kei waenga i te Awa iti o Karamu me te Kiriki o Churton), ko Patupuhou, ko Nukuiro, ko Kaieerau (St Johns Hill):

    (4) Mai i Kaieerau ka toro whaanui atu ki te wharau haupuu-wai ki Motuhou, ki Kaihokahoka (ki uta), ki Taurangapiopio, ki Taumatarata, ki Matai, ki Taurangakawa ka huri ki te hau whakarunga ki ngaa Paemaunga o Matemateaonga ki te waahi e kiia nei ko Tawhiwhi:

    (5) Whai muri iho i ngaa Paemaunga o Matemateaonga, e rere mai ana ko te Awa o Mangaehu, i koonaa te Paa o Mangaehu e tuu mai ana, e paa tata atu ki te puutake o Te Awanui-a-Taikehu (Te Awa o Paatea). I waenganui i ngaa paa o Maipuu me Hawaiki i Te Awa-nui-a-Taikehu me te Awa o Whenuakura:

    (6) He maha ngaa paa me ngaa kaainga o Ngaa Rauru Kiitahi i whakanohoia ki te nukuroa o Te Awa-nui-a-Taikehu, inaa ko Oowhio, ko Kaiwaka, ko Arakirikiri, ko Ngaa-papa-tara-iwi, ko Tutumaahoe me Parikaarangaranga. I te ngutu awa ko ngaa kaainga me ngaa marae o Rangitaawhi, me Te Wai-o-Turi, e tuu tonu mai ana i teenei raa. E takoto mai ana Te Kiri o Rauru ki te nukuroa o te aakau ki waenganui i Rangitaawhi me Tuaropaki:

    (7) Kei waenganui i Rangitaawhi me te ngutu awa o te Awa o Whenuakura i tuu ko te Paa o Tihoi (i okioki ai ra a Te Rauparaha ki reira). Mai i Tihoi ka whaatoro atu ki Waipipi, ki Tapuarau, ki te Awa o Waitootara, ki Waiinu, ki Waikaramihi me Te Wai-o-Mahuki (tata atu ki Te Ihonga). Ka hurihia atu ki te Awa iti o Ototoka ki Poopoia (ki te marae o Aokehu kei te puuwaha o te awa iti o Okehu), kia tae rawa atu ki te wahapuu o te awa iti o Kai Iwi tata atu ki te marae o Taipake Tuuturu. Mai i koora ka whakawhiti atu ki tua o Tuutaramoana (he kaitiaki moana) ka hoki mai ai ki Te Kaihau-o-Kupe:

    (8) Ko ngaa whakaahuatanga mai i te rohe o Ngaa Rauru Kiitahi. E ai ki teetehi taatai mahere iamati i te tau 2003, i te tau 1840, aahua 210 000 heketea (e 520 000 eka) te rahi o te rohe o Ngaa Rauru Kiitahi e whakaahuatia ana i runga ake nei:

    Ko Ngaa Ara Hononga o Ngaa Rauru Kiitahi ki te Awa o Whanganui

    (9) He paanga whakapapa too Ngaa Rauru Kiitahi ki te Awa o Whanganui. Ko taa Ngaa Rauru Kiitahi, ka awhiawhi tuu ka tokotoko i te mana me te rangatiratanga o te iwi o Whanganui ki te Awa o Whanganui:

    Koorero Taahuhu ki te Whakaaetanga Whakataunga
    Ka whakatakoto taapaetanga a Ngaa Rauru Kiitahi ki te Taraipiunara o Waitangi

    (10) Kua roa kee a Ngaa Rauru Kiitahi me aana kereeme e ngau ana ki te Karauna. Kua whakaaria mai ngaa kereeme ki te Karauna maa ngaa petihana, maa ngaa tautohenga i ara ake i ngaa ukinga o Taranaki, tae atu ki a Ngaa Rauru Kiitahi. I roto i ngaa rautau tekau maa iwa, rua tekau hoki, naa eenei kano hiikaka i ahu mai ai eetehi whakatuuranga koomihana uiui hei tirotiro ki ngaa whenua i murua i ngaa Maaori o Taranaki (ko Ngaa Rauru Kiitahi hoki eeraa):

    (11) Ko taa te waahanga 6 o te Ture o te Tiriti o Waitangi 1975, e taea ana e ngaa Maaori (e Ngaa Rauru Kiitahi hoki) ngaa kereeme te whakatakoto ki te Taraipiunara o Waitangi, e paa ana ki ngaa mahi, ki ngaa whakarerenga raanei i mahia e te Karauna, moo te Karauna raanei, i 6 Pepuere 1840, i muri raanei. Koia i maiorooro eeraa whakaritenga a te Karauna ki ngaa maataapono o Te Tiriti o Waitangi:

    (12) I waenganui i ngaa tau 1990 ki 1995 i aata tirohia e te Taraipiunara o Waitangi ngaa kereeme e 21 te nui moo Taranaki i tukuna ai ki te Taraipuinara o Waitangi i raro i waahanga 6 o te Ture o te Tiriti o Waitangi 1975 (araa ko ngaa Taranaki Claims). I whai kuhunga hoki a Ngaa Rauru Kiitahi ki aua kereeme. He maha ngaa taapaetanga koorero me ngaa puurongo rangahau i whakatakotoria e ngaa Maaori o Taranaki (e Ngaa Rauru Kiitahi hoki) ki te Taraipiunara o Waitangi e paa ana ki ngaa kereeme o ngaa Maaori o Taranaki (ko Ngaa Rauru Kiitahi hoki):

    Ko ngaa whaakinga o te Karauna ki te Taraipiunara o Waitangi

    (13) I muri iho i ngaa whakaaturanga a ngaa kaikereeme i tohutohu te Karauna ki te Taraipiunara o Waitangi, i puuwhakaaro he take moo te aata noho me te aata whiriwhiri ki ngaa kaikereeme, aa, kua tono hoki te Karauna ki ngaa kaikereeme moo taua take ki reira hui ai. I tonoa te Taraipiunara e te Karauna kia hoatu teetehi puurongo whaaitinga hei aawhina i ngaa take whiriwhiringa i waenga i te Karauna raatou ko ngaa kaikereeme (me Ngaa Rauru Kiitahi hoki):

    (14) I tono te Taraipiunara ki te Karauna kia tohutohu i ngaa take kaaore te Karauna i piirangi ki te hoatu koorero ki mua i te aroaro o te Taraipiunara. I whakatakotohia e te Karauna taua take koorero ki te Taraipiunara o Waitangi i te 28 o Noema 1995 i roto i taana Whakautu Whaaitinga (kei te Tuhinga Whaimana 2.108 o te Puurongo Uiui o Taranaki aa te Taraipiunara o Waitangi):

    (15) I whaaki mai te Karauna i taana Whakautu Whaaitinga ki te Taraipiunara o Waitangi me te kii:

    • (a) i hee rawa ngaa hoko o Waitara, me ngaa pakanga i whai muri iho, he mea tuukino eeraa, noo reira, he mea takahii i Te Tiriti o Waitangi, me oona maataapono; aa

    • (b) ka whakauu he mea tuukino hoki ngaa murunga a ngaa whenua i taka ki roto i a Taranaki, noo reira he mea takahi i te Tiriti o Waitangi me oona maataapono; aa

    • (c) i kino te paa mai o ngaa mahi muru ki te oranga, ki te oohanga, ki te whanaketanga hoki o te iwi o Taranaki; aa

    • (d) ki taa ngaa koorero, naa te takaroanga o te whakarite whenua raahui i kino ai ngaa aahua o te mahi murunga; aa

    • (e) whai muri mai ko ngaa whakaekenga ki Parihaka i te tau 1881, naa eeraa mahi kikino a te whakaekenga me ngaa aahua o muri iho i takahi ai Te Tiriti o Waitangi me oona maataapono:

    Te Puurongo Whaaitinga a Taranaki a te Taraipiunara o Waitangi

    (16) I te Hune 1996 i tuku te Taraipiunara o Waitangi i teetehi puurongo whaaitinga e kiia nei ko te Taranaki Report Kaupapa Tuatahi (araa ko te Puurongo Whaaitinga o Taranaki) e taapae ake ana i ngaa tirohanga tuatahi moo ngaa kereeme o Taranaki:

    (17) I tuku te Taraipiunara o Waitangi i te Puurongo Whaaitinga o Taranaki—

    • (a) i takea mai i ngaa uiuitanga a te Taraipiunara o Waitangi tae atu ki te waa o te puurongo (me te mea kaaore anoo kia rangona ngaa take a te Karauna); aa

    • (b) hei whakatere i ngaa whiriwhiringa kia puta mai teetehi whakataunga o ngaa Kereeme moo Taranaki (me ngaa kereeme o Ngaa Rauru Kiitahi hoki):

    Ngaa whakaaro tirohanga o te Taraipiunara o Waitangi ki te Puurongo Whaaitinga o Taranaki

    (18) Ko taa te Taraipiunara, i roto i te Puurongo Whaaitinga o Taranaki, he whakapuaki i eetehi whakaaro tuatahi moo ngaa Kereeme o Taranaki e mea ana—

    • (a) koia pea ngee kaaore he kereeme rahi kee atu i teenei whenua. Kaaore pea he take kee atu i teenei kua takahi kino nei, kua paa kino nei ki te Tiriti o Waitangi huri atu i ngaa waa kua takataka mai (waahanga 1.1); aa

    • (b) e kite nei maatou i ngaa take matua e rua kua tuu mai ai ngaa kereeme, koia teeraa, ko te whakakorenga o ngaa whenua, me te tangotango i te mana, ko te mea whakamutunga te mea matua o aua take e rua. Ko te tikanga o te tangotango i te mana ko te whakaiti, ko te patunga mai o te mana motuhake Maaori o te tino rangatiratanga raanei (waahanga 1.4); aa

    • (c) ko taa teenei Puurongo Whaaitinga o Taraipiunara, kua kuhu mai ngaa kereeme a ngaa hapuu o Taranaki. Kua whakaaturia he hiahia me whai whakataunga (waahanga 12.3.1); aa

    • (d) me whakatuu kaupapa hei whai utu e hiki nei i ngaa whakaaro kino moo te Maaori, kia whakahokia mai te hoonore o te Kaawanatanga, kia matua ora te Maaoritanga, kia matua whakaatuuria anootia te whakawhitiwhiti whakaaro ki waenga i ngaa hoa Tiriti (waahanga 12.2):

    Ngaa whiriwhiringa whakatau me Ngaa Rauru Kiitahi

    (19) I te tau 1999 i tukua e Ngaa Uki o Ngaa Rauru Kiitahi te mana whakahaere maa te Nga Rauru Iwi Authority hei whiriwhiri i teetehi mahi whakatau ki te Karauna. I whakaae te Karauna ki te mana whakahaere o Nga Rauru Iwi Authority i te marama o Aperira 2000:

    (20) Ka noho ngaatahi te Nga Rauru Iwi Authority me te Karauna ki roto ki—

    • (a) teetehi taatai whiriwhiringa i te 11 o Oketopa 2000 i tohua ai te whaanui, ngaa whaainga me ngaa haatepe whaanui moo ngaa whiriwhiringa; aa

    • (b) teetehi whakatuunga whakaaetanga noo te 16 Mei 2002 e puu whakatakoto ana, ka whakaae te Nga Rauru Iwi Authority me te Karauna, hei take matua, kia kuhu ki roto ki te mahi whakatau i runga i te kaupapa i whakatakotoria hei whakataunga whakaaetanga:

    (21) Ka whakamana a Ngaa Rauru Kiitahi i te whakataunga whakamutunga rawa o te Karauna, aa kaatahi ka urutahi ki te tuhinga whaimana i te 27 Noema 2003. He mea whakapurongo taa te tuhinga whaimana i ngaa whakaaetanga o Ngaa Rauru Kiitahi me te Karauna, hei whakatau i ngaa koorero taahuhu moo ngaa kereme o Ngaa Rauru Kiitahi.

    Background

    (1) The Treaty of Waitangi (Te Tiriti o Waitangi), as set out in English and Maori in Schedule 1 of the Treaty of Waitangi Act 1975, was signed in 1840:

    (2) Recitals (3) to (21) of this Preamble present, in summary form, the background to the Ngaa Rauru Kiitahi historical claims that is set out in the deed of settlement entered into by Ngaa Rauru Kiitahi and the Crown:

    Rohe of Ngaa Rauru Kiitahi

    (3) According to the oral traditions of Ngaa Rauru Kiitahi the rohe of Ngaa Rauru Kiitahi at 1840 began at Kaihau-a-Kupe (the mouth of the Whanganui River). The kainga or occupied sites at Kaihau-a-Kupe included Kaihokahoka (ki tai), Kokohuia (the swampy area at Castlecliff), Te Whare Kakaho (the Wordsworth Street area), Pungarehu/Te Ahi Tuatini (Cobham Bridge), Te Oneheke (between Karamu Stream and Churton Creek), Patupuhou, Nukuiro, and Kaieerau (St Johns Hill):

    (4) The rohe then extended from Kaieerau along the watershed to Motuhou, Kaihoahoka (ki uta), Taurangapiopio, Taumatarata, Mataimoana, Taurangakawa and north into the Matemateaonga Ranges and the area known as Tawhiwhi:

    (5) After the Matemateaonga Ranges is the Mangaehu Stream where the Mangaehu Pa was situated, near the source of Te Awa-nui-a-Taikehu (Patea River). Between Te Awanui-a-Taikehu and Whenuakura Rivers (Te Arei o Rauru) were the pa of Maipu and Hawaiki:

    (6) Many Ngaa Rauru Kiitahi pa and kainga were also situated along Te Awanui-a-Taikehu, such as Oowhio, Kaiwaka, Arakirikiri, Ngaa-papa-tara-iwi, Tutumaahoe, and Parikaarangaranga. At the mouth of the river sat the kainga and marae of Rangitaawhi and Wai-o-Turi which remain today. Along the shoreline between Rangitaawhi and Tuaropaki lies Te Kiri o Rauru:

    (7) Between Rangitaawhi and the mouth of the Whenuakura River stood Tihoi Pa (where Te Rauparaha rested). From Tihoi the rohe extends to Waipipi, Tapuarau, Waitotara River, Waiinu, Waikaramihi, and Te Wai-o-Mahuki (near Te Ihonga). It continues past the Ototoka Stream to Poopoia (the marae of Aokehu at the mouth of the Okehu Stream), and then continues onwards to the mouth of the Kai Iwi Stream near the marae of Taipake Tuturu. From here the rohe stretches past Tutaramoana (the kaitiaki moana) back to Kaihau-a-Kupe:

    (8) The area of the Ngaa Rauru Kiitahi rohe in 1840, as described above, was approximately 210 000 hectares (520 000 acres), according to a digital map calculation in 2003:

    Relationship of Ngaa Rauru Kiitahi with Whanganui River

    (9) Ngaa Rauru Kiitahi has whakapapa interests in the Whanganui River. Ngaa Rauru Kiitahi recognises that Whanganui iwi has mana and rangatiratanga on the Whanganui River:

    Background to the deed of settlement
    Ngaa Rauru Kiitahi makes submissions to the Waitangi Tribunal

    (10) Ngaa Rauru Kiitahi has longstanding claims against the Crown. Claims against the Crown have been expressed through petitions and protests made by Taranaki Maori, including Ngaa Rauru Kiitahi. Those petitions and protests contributed to the establishment, in the 19th and 20th centuries, of various commissions of inquiry into lands confiscated from Taranaki Maori (including Ngaa Rauru Kiitahi):

    (11) Section 6 of the Treaty of Waitangi Act 1975 enabled Maori (including Ngaa Rauru Kiitahi) to submit claims to the Waitangi Tribunal in respect of acts or omissions on or after 6 February 1840 by or on behalf of the Crown that were inconsistent with the principles of the Treaty of Waitangi (Te Tiriti o Waitangi):

    (12) The Waitangi Tribunal between 1990 and 1995 investigated 21 claims concerning Taranaki made to the Waitangi Tribunal under section 6 of the Treaty of Waitangi Act 1975 (the Taranaki Claims). The Taranaki Claims included claims of Ngaa Rauru Kiitahi. A considerable number of submissions and research reports were filed by Taranaki Maori (including Ngaa Rauru Kiitahi) with the Waitangi Tribunal in relation to the claims of Taranaki Maori (including Ngaa Rauru Kiitahi):

    The Crown’s acknowledgements to Waitangi Tribunal

    (13) The Crown advised the Waitangi Tribunal, after hearing the claimants’ evidence, that it considered there was a basis for negotiation with claimants and that the Crown had invited claimants to meet with it for that purpose. The Crown asked the Waitangi Tribunal to issue an interim report in order to assist the negotiation process between the Crown and claimants (including Ngaa Rauru Kiitahi):

    (14) The Waitangi Tribunal asked the Crown to indicate those matters upon which it would not wish to give evidence before the Tribunal. The Crown provided this advice to the Waitangi Tribunal on 28 December 1995 in its Interim Response (which is Document 2.108 on the Waitangi Tribunal’s Record of Inquiry for Taranaki):

    (15) The Crown acknowledged to the Waitangi Tribunal in its Interim Response that—

    • (c) the confiscation had a severe impact upon the welfare, economy, and development of the iwi of Taranaki; and

    • (d) in general terms, the delays in setting aside reserves contributed to the adverse effects of the confiscation; and

    • (e) events relating to the implementation of the confiscation leading to the invasion of Parihaka in 1881, the invasion itself, and its aftermath constituted a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles:

    Interim Taranaki Report of Waitangi Tribunal

    (16) The Waitangi Tribunal issued in June 1996 an interim report called The Taranaki Report: Kaupapa Tuatahi (the Interim Taranaki Report) giving its preliminary views on the Taranaki Claims:

    (17) The Waitangi Tribunal issued the Interim Taranaki Report—

    • (a) based on the Waitangi Tribunal’s inquiry up to the date of the report (and noted that the Crown had yet to be heard on many matters raised); and

    • (b) in order to expedite negotiations for a settlement of the Taranaki Claims (including the claims of Ngaa Rauru Kiitahi):

    Views of the Waitangi Tribunal in the Interim Tribunal Report

    (18) The Waitangi Tribunal, in the Interim Report, expressed some preliminary views concerning the Taranaki Claims including that—

    • (a) the claims could be the largest in the country. There may be no others where as many Treaty breaches had equivalent force and effect over a comparable time (section 1.1); and

    • (b) the claims stood on two major foundations, land deprivation and disempowerment, with the latter being the main foundation. By disempowerment, the Waitangi Tribunal meant the denigration and destruction of Maori autonomy or self-government (section 1.4); and

    • (c) the Tribunal’s Interim Report has introduced the historical claims of the Taranaki hapuu. It has shown the need for a settlement (section 12.3.1); and

    • (d) generous reparation policies were needed to remove the prejudice to Maori, to restore the honour of the Government, to ensure cultural survival, and to re-establish effective interaction between the Treaty partners (section 12.2):

    The settlement negotiations with Ngaa Rauru Kiitahi

    (19) The Nga Rauru Iwi Authority received in 1999 a mandate from Ngaa Uki o Ngaa Rauru Kiitahi to negotiate a deed of settlement with the Crown. The Crown recognised the mandate of the Nga Rauru Iwi Authority in April 2000:

    (20) The Nga Rauru Iwi Authority and the Crown entered into—

    • (a) a terms of negotiation dated 11 October 2000, which specified the scope, objectives, and general procedures for the negotiations; and

    • (b) an agreement in principle dated 16 May 2002 recording that the Nga Rauru Iwi Authority and the Crown were, in principle, willing to enter into a deed of settlement on the basis set out in the agreement in principle:

    (21) Ngaa Rauru Kiitahi ratified the Crown’s final settlement offer and entered into a deed of settlement on 27 November 2003. The deed records the agreement between Ngaa Rauru Kiitahi and the Crown to settle the historical claims of Ngaa Rauru Kiitahi.

1 Title
  • This Act is the Ngaa Rauru Kiitahi Claims Settlement Act 2005.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1
Acknowledgements and apology by the Crown to Ngaa Rauru Kiitahi, and preliminary provisions

3 Purpose
  • The purpose of this Act is—

    • (a) to record the acknowledgements and apology given by the Crown to Ngaa Rauru Kiitahi in the deed of settlement dated 27 November 2003 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Mike Neho, Carolyn Young, Martin Davis, and Bill Hamilton for Ngaa Rauru Kiitahi; and

    • (b) to give effect to certain provisions of the deed of settlement, which is a deed that settles the Ngaa Rauru Kiitahi historical claims.

4 Act binds the Crown
  • This Act binds the Crown.

5 Outline
  • (1) This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.

    (2) Part 1 records the acknowledgements and apology given by the Crown to Ngaa Rauru Kiitahi in the deed of settlement and includes the preliminary provisions.

    (3) Part 2 defines terms used in this Act, including key terms such as Ngaa Rauru Kiitahi and Ngaa Rauru Kiitahi historical claims.

    (4) Part 3 provides that the settlement of Ngaa Rauru Kiitahi historical claims is final, and deals with related issues, including—

    • (a) a statement of the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body to consider the Ngaa Rauru Kiitahi historical claims; and

    • (c) a statement of the effect of the settlement on certain resumptive memorials; and

    • (d) miscellaneous matters relating to the settlement, namely, the exclusion of the law against perpetuities and the timing of actions or matters provided for in this Act.

    (5) Part 4 provides for cultural redress and includes provisions relating to the following matters:

    • (a) the issue of protocols to the governance entity by the Ministers of Conservation, Fisheries, and Energy, and the Minister for Arts, Culture, and Heritage; and

    • (b) the vesting in the governance entity or the approved transferee of the fee simple estate in 5 cultural redress properties; and

    • (c) an acknowledgement by the Crown of the statements made by Ngaa Rauru Kiitahi of their cultural, spiritual, historical, and traditional association with certain statutory areas, with provision for entering into deeds of recognition in relation to 5 statutory areas, together with provisions as to the effect of these instruments; and

    • (d) the grant of renewable Uukaipoo entitlements over certain Uukaipoo sites; and

    • (e) an acknowledgement of Ngaa Rauru Kiitahi values in respect of the Toopuni site described in Schedule 12; and

    • (f) a right of first refusal for 50 years in favour of the governance entity for certain shellfish quota; and

    • (g) a preferential right to purchase authorisations in respect of coastal space if the Minister of Conservation offers, by public tender under Part 7 of the Resource Management Act 1991, authorisations for any part of the specified coastal area; and

    • (h) the place name to be altered.

    (6) There are 13 schedules that—

    • (a) describe the cultural redress properties; and

    • (b) describe the Uukaipoo sites; and

    • (c) describe the areas over which statutory acknowledgements are made and those for which deeds of recognition may be entered into; and

    • (d) set out the texts of the statements by Ngaa Rauru Kiitahi of their association with the statutory areas; and

    • (e) set out the text of the Ngaa Rauru Kiitahi values in relation to the Toopuni site; and

    • (f) list the place name to be altered.

6 Acknowledgements and apology
  • Sections 7 to 10 record the acknowledgements and the apology given by the Crown to Ngaa Rauru Kiitahi in the deed of settlement.

7 Text of acknowledgements in Maori—He Whakaaetanga na te Karauna
  • The text of the acknowledgments in Maori as set out in the deed of settlement is as follows:

    (1) E whaaki ana te Karauna naa te whakaputu haere a ngaa mahi whati i ngaa paiaka o te Tiriti o Waitangi me ngaa maataapono e whakaraarangitia mai ana o raro iho nei, koia i puta te tuuraki haere i te Ngaa Raurutanga, i te tangotango haere o ngaa whenua o Ngaa Rauru Kiitahi, i te whakanguutanga mai o te reo ake o Ngaa Rauru Kiitahi, i ngaa hanganga maaori katoa. I te rautau tekau ma waru, tae atu ki te rau tau tekau ma iwa, naa taua aahua hoki i ngau kino ki ngaa whai hua o te iwi, ki te taha kikokiko, ki te taha mana motuhake, ki te taha wairua o Ngaa Rauru Kiitahi. E whaaki ana te Karauna kiihai i aata whakaaronui atu, kiihai i aata manaaki i a Ngaa Rauru Kiitahi i roto i ngaa herenga e oati ana, ko te hoatu i te Ngaa Raurutanga i raro i te Uupoko tuarua o Te Tiriti o Waitangi.

    (2) E whaaki ana te Karauna:

    • (a) ko ngaa mahi hokohoko a te Karauna, inaa peenei i te hokonga ki Waitootara i timata i te tau 1859, na, ka tuputupu te kaarangi, koia i tautoo haere tonu ai ngaa pakanga o Taranaki i uru tahi ai a Ngaa Rauru Kiitahi; aa

    • (b) kiihai ngaa whakatuunga hokohoko haere i tika ki Waitootara i te waa tonu o ngaa pakanga, koia i kino ake ngaa wehewehenga o roto tonu o Ngaa Rauru Kiitahi; aa

    • (c) naa te mau tonu mai o ngaa aahuatanga i Taranaki i ngaa tau 1859 ki 1863 i ara mai ngaa takahii o ngaa hokohoko ki Waitootara e whati ana i te tino koorero o Te Tiriti o Waitangi me aoona maataapono.

    (3) E whaaki ana te Karauna:

    • (a) i paanuitia te ture taua ki Taranaki i te tau 1860 aa, nawhai aa, i te tau 1864–1865 ka rewa te whakaariki ki te hau whakararo o Taranaki; aa

    • (b) hinga hinga haere a Ngaa Rauru Kiitahi i ngaa hii pakanga o eeraa waa, inaa hoki ko te patunga mai o ngaa tamariki kore mau puu e ngaa hoia ki te wharau o Handley. He whakaeke tukikore i te hunga kua kore hara; aa

    • (c) moo Ngaa Rauru Kiitahi, turakina katoatia oona kaainga, oona rawa, oona maara, oona taaonga e te ringa maaro o te Karauna, i te waa o ngaa pakanga, naa, koinei te whakakaupapa mai a te Karauna ki te hau whakararo o Taranaki ara, ko te scorched earth policy; aa

    • (d) ko eeraa Uki o Ngaa Rauru Kiitahi i panaia i oo raatou whenua, i whirinakitia ki te ngaakau o iwi kee atu hei whai nohoanga; aa

    • (e) ka kaawhakina ngaa uki a Ngaa Rauru Kiitahi, ka noho manene te iwi i toona rohe, kua kore oona whare mai i ngaa tau 1869 tae noa atu ki 1873. Ka tokatuu teenei aahua kaaore oo raatou kaainga tae atu ki te waa i riro ngaa whenua raahui e tika ana hei hoatu ki a raatou. I puta eenei whainga moo ngaa whenua raahui i ngaa uiuitanga o te Komihana o te tai hauauru i te tau 1880 ki 1881; aa

    • (f) he mea whakawiri te mauheretanga o Ngaa Rauru Kiitahi i ngaa pakanga o 1860 neke atu, peenei i eeraa Maaori i Weraroa i te tau 1865, ka noho whakawiringa eeraa Maaori me oo raatou whaanau, hapuu hoki i 1879–1880 anoo hoki; aa

    • (g) naa ngaa pakanga te tuukino i whakauu, aa, i whati i ngaa tikanga o te Tiriti o Waitangi me oona maataapono.

    (4) E whaaki ana te Karauna:

    • (a) kaaore aana tapanga i pai ki eetehi Ngaa Rauru Kiitahi, e mea atu ana he tangata tautohe, koiraa he putanga tuukino moo te iwi katoa me oona whenua i murua i te otinga atu; aa

    • (b) i roto i ngaa whaanuitanga, i ngaa whakamahinga i kitea, korekau he tikanga i arataki pai i ngaa mahi murunga; aa

    • (c) naa ngaa mahi murunga i te tau 1865 i rawakore ai a Ngaa Rauru Kiitahi i ngaa whenua, i ngaa rawa, aa, kiihai i taea oona Ngaa Raurutanga te whakatangata moo eeraa aahua, koia i peehia ai te rawakore hei korowai taratara ki runga ki a raatou, ki toona mutunga ake, i taawewehe ai te nohotahi, te oranga mai oo ngaa tikanga ake o Ngaa Rauru Kiitahi; aa

    • (d) naa te ngoikore whakahaeretanga a te Kooti Kamupeneheihana i kite ai i ngaa mahinga whakawaa wawe moo te murunga i ngaa whenua, koia aua whenua raahui i whakaritea hei hoatu ki a Ngaa Rauru Kiitahi; aa

    • (e) i takamori mai ngaa whakahaeretanga a te Kooti Kamupeneheihana moo ngaa taakoha, me te hopuhopu haere a te Karauna i ngaa rawa a Ngaa Rauru Kiitahi. Koia, o 17 000 eka te nui e tika ana me whiwhi, e 3 000 anake ngaa eka i riro mai i te Kooti Kamupeneheihana ki ngaa Maaori kei te whakatonga o Taranaki; aa

    • (f) i te whakahokitanga mai o ngaa whenua, kua whakakorengia te mana whenua o Ngaa Rauru Kiitahi e ngaa mahi murunga a te Karauna, noo reira e whati ana i ngaa tikanga o te Tiriti o Waitangi me oona maataapono; aa

    • (g) kiihai ngaa mahi murunga i tuutika, i whakakorengia te mana motuhake o Ngaa Rauru Kiitahi moo toona whenua, kaati e whati ana i ngaa tikanga o te Tiriti o Waitangi me oona maataapono.

    (5) E whaaki ana te Karauna naa ngaa mahi herehere i ngaa uki o Ngaa Rauru Kiitahi me Taranaki, kia noho manene, koiraa i ahu mai i te whakatuunga o te kaupapa o te maungarongo i nga tau 1879 huri atu ki 1880, noo aua aahuatanga i tuuraki i te mana motuhake o aua iwi. I uutaina mai ngaa uauatanga ki runga ki a raatou, ki ngaa whaanau, ki ngaa hapuu, naa i whati ngaa tikanga o te Tiriti o Waitangi me oona maataapono.

    (6) E whaaki ana te Karauna:

    • (a) he mea takarepa te mahi maatorohanga a te Komihana o te Tai Hauauru, kiihai i aro tika atu ki ngaa tuukino i whakaaria mai e ngaa mahi murunga; aa

    • (b) ko ngaa whenua i raahuitia e te Komihana, kiihai i tau ngahuetia mai moo ngaa hiahiatanga o ngaa uki o Ngaa Rauru Kiitahi ki roto ki ngaa waahi whenua i raahuitia; aa

    • (c) i runga i aana mahi e paa ana ki ngaa whakatikatikatanga a ngaa whenua raahui o te Tai Hauauru, me ngaa kawenga o teetehi tikanga whakahaere. Naa teeraa aahua i puta ai ngaa whenua riihi whakapuumau, i puta ai te hokonga atu o ngaa whenua ki te tangata ki te Kaitiaki Tumatanui me ngaa Kaitiaki Maaori i te rau tau rua tekau:

      • (i) kua unuhia te mana whakahaere, te mana whenua o ngaa hapuu katoa o Ngaa Rauru Kiitahi moo ngaa whenua pakupaku i whakaritea moo raatou; aa

      • (ii) naa eenei whakatoopuutanga, i whati mai i ngaa tikanga o te Tiriti o Waitangi me oona maataapono.

    (7) E whaaki ana te Karauna:

    • (a) ko eetehi o ngaa kaupapa o te Karauna e paa ana ki ngaa whenua Maaori, kua noho whakararuraru ki eeraa uki o Ngaa Rauru Kiitahi e hiahia ana ki te puriti tonu ki ngaa whenua. I whakaitia te kaha kia whakauu i too raatou Ngaa Raurutanga moo aua whenua; aa

    • (b) i ngaa raa o mua, ko te taaone o Wairoaiti, ko te rohe o Nukumaru, ko ngaa waahi whakakitekite, me eetehi atu waahi e noho ana hei papa atawhai, koinei ngaa waahi i te noho i raro i te taumarumaru o Ngaa Rauru Kiitahi, ko ia tonu te Kaitiaki moo aua whenua; aa

    • (c) kua noho whaihua ngaa taangata kee o Taranaki me Aotearoa puta noa, ki ngaa whenua ki ngaa rawa hoki i murua i a Ngaa Rauru Kiitahi. Kua noho raawaho a Ngaa Rauru Kiitahi i toona ake whenua. Waihoki ko te whakahuinga o eenei aahua kua noho whenua kore a Ngaa Rauru Kiitahi; aa

    • (d) kiihai te Karauna i aronui atu moo Ngaa Rauru Kiitahi kia taea e taua iwi te pupuri ki ngaa whenua rawe hei whaawhaatanga moo naianei, moo aapoopoo hoki. Koia e whawhati mai i ngaa tikanga o te Tiriti o Waitangi me oona maataapono.

    (8) E whaaki ana te Karauna kia whaia ngaa take e Ngaa Rauru Kiitahi e paa ana ki ngaa mahi takahii a te Karauna i ngaa rautau tekau ma iwa, rua tekau anoo hoki. Ina hoki ko taa te Karauna kua whaaki mai kua whawhati mai i ngaa tikanga o te Tiriti o Waitangi me oona maataapono. E whai utu ana a Ngaa Rauru Kiitahi moo ngaa takahiitanga i takaia ki runga ki a raatou i ngaa tau 150 kua paahure nei. Ahakoa te whakapou kaha a te Karauna ki te maatoro ki eenei nawe ki teenei rautau, kua kore mai aana aro ki ngaa take a Ngaa Rauru Kiitahi naa, kaaore i uu kia tika. Kua roa te waa te whaakinga mai o eenei whatinga. E ngaua tonu nei a Ngaa Rauru Kiitahi ki ngaa poouri, ki ngaa mokemoke aa takoto tonu ki eenei rangi.

8 Text of acknowledgements in English
  • The text of the acknowledgements in English as set out in the deed of settlement is as follows:

    (1) The Crown acknowledges that the cumulative effect of its breaches of the Treaty of Waitangi and its principles outlined below has contributed to the dismantling of Ngaa Raurutanga, and the loss of Ngaa Rauru Kiitahi land, language, and social structures. This has affected the economic capacity and physical, cultural, and spiritual well-being of Ngaa Rauru Kiitahi throughout the 19th and 20th centuries. The Crown acknowledges that it has failed to adequately recognise and respect Ngaa Raurutanga in breach of its obligations guaranteeing Ngaa Rauru Kiitahi the exercise of rangatiratanga under Article Two of the Treaty of Waitangi.

    (2) The Crown acknowledges that:

    • (a) Crown purchasing, such as the Waitotara purchase that commenced in 1859, created tensions that contributed to the continuation of the Taranaki wars in which Ngaa Rauru Kiitahi participated; and

    • (b) the continuation of the Waitotara purchase during a time of war was not appropriate and exacerbated divisions within Ngaa Rauru Kiitahi; and

    • (c) because of the circumstances prevailing in Taranaki between 1859 and 1863, elements of the Waitotara purchase constituted a breach of the Treaty of Waitangi and its principles.

    (3) The Crown acknowledges that:

    • (a) it proclaimed martial law in Taranaki in 1860 and that later in 1864–1865 it launched an offensive in south Taranaki; and

    • (b) Ngaa Rauru Kiitahi suffered loss of life during the wars, including the lives of unarmed children killed by government militia at Handley’s Woolshed in an unprovoked attack; and

    • (c) Ngaa Rauru Kiitahi suffered the destruction of their homes, property, cultivations, and taonga at the Crown’s hands during the wars and as a result of the Crown’s scorched earth policy in south Taranaki; and

    • (d) during the wars those Ngaa Rauru Kiitahi who were driven off their land had to rely on the goodwill of other iwi for refuge; and

    • (e) Ngaa Uki o Ngaa Rauru Kiitahi were forced into exile from their rohe and rendered homeless from 1869 until 1873, and remained without permanent homes until they received the reserves to which they were entitled after the West Coast Commissions of Inquiry in 1880 and 1881; and

    • (f) its treatment of Ngaa Rauru Kiitahi taken prisoner during the wars of the 1860s, such as those who were at Weraroa in 1865, resulted in hardships for those imprisoned and their whaanau and hapuu and that these hardships were suffered again in 1879–1880; and

    • (g) the wars constituted an injustice and were in breach of the Treaty of Waitangi and its principles.

    (4) The Crown acknowledges that:

    • (a) it acted unfairly in labelling some Ngaa Rauru Kiitahi as rebels, which had detrimental consequences for the whole iwi whose land was confiscated as a result; and

    • (b) the confiscation was indiscriminate in extent and application; and

    • (c) as a result of the confiscation in 1865, Ngaa Rauru Kiitahi was dispossessed of land and resources and unable to exercise Ngaa Raurutanga over them, which had a devastating effect on the economic development and the social and cultural well-being of Ngaa Rauru Kiitahi; and

    • (d) the prejudicial effect of the confiscation was compounded by the inadequacies in the Compensation Court process, by which reserves were to be granted to Ngaa Rauru Kiitahi; and

    • (e) delays in the implementation of the Compensation Court awards and systematic Crown acquisition of Ngaa Rauru Kiitahi interests meant that ultimately Ngaa Rauru Kiitahi received only 3 000 of the 17 000 acres granted to south Taranaki Maori by the Compensation Court; and

    • (f) when land was finally returned, Ngaa Rauru Kiitahi found that its customary title to this land had been compulsorily extinguished by the Crown’s confiscation, and this was a breach of the Treaty of Waitangi and its principles; and

    • (g) the confiscation was unjust, compulsorily extinguished Ngaa Rauru Kiitahi customary title to land, and was a breach of the Treaty of Waitangi and its principles.

    (5) The Crown acknowledges that the treatment of those Ngaa Rauru Kiitahi and Taranaki Maori imprisoned and exiled as a result of the passive resistance campaign from 1879 to 1880 deprived those people of basic human rights, inflicted unwarranted hardships on them and their whaanau and hapuu, and this was a breach of the Treaty of Waitangi and its principles.

    (6) The Crown acknowledges that:

    • (a) the West Coast Commissions were inadequate in their scope and did not address the injustices perpetrated by the confiscations; and

    • (b) the reserves formalised by the Commissions were not sufficient for the ongoing needs of Ngaa Rauru Kiitahi within the confiscation boundary; and

    • (c) its actions with respect to the West Coast Settlement Reserves, including the imposition of a regime of perpetually renewable leases and the sale of land by the Public and Maori Trustees in the 20th century—

      • (i) have ultimately deprived Ngaa Rauru Kiitahi hapuu of the control and ownership of the minimal land set aside for them; and

      • (ii) considered cumulatively, were in breach of the Treaty of Waitangi and its principles.

    (7) The Crown acknowledges that:

    • (a) some Crown policies relating to Maori land have had a prejudicial effect on those Ngaa Rauru Kiitahi who wished to retain their land and diminished their ability to exercise Ngaa Raurutanga over that land; and

    • (b) the town of Waverley, the Nukumaru Domain, the vast scenic reserves, and other tracts of land now making up the conservation estate, were once under the protection of Ngaa Rauru Kiitahi as kaitiaki; and

    • (c) the people of Taranaki and New Zealand generally have benefited from the land and other resources confiscated and otherwise alienated from Ngaa Rauru Kiitahi, while the cumulative effect of the Crown’s actions has been to leave Ngaa Rauru Kiitahi virtually landless; and

    • (d) the Crown has failed to ensure that sufficient land was retained by Ngaa Rauru Kiitahi for their present and future needs and this failure was a breach of the Treaty of Waitangi and its principles.

    (8) The Crown acknowledges that Ngaa Rauru Kiitahi has pursued grievances that relate to Crown action in the 19th and 20th centuries in addition to those grievances the Crown acknowledges are in breach of the Treaty of Waitangi and its principles. Ngaa Rauru Kiitahi has sought redress for its grievances for the last 150 years and, despite efforts made in the 20th century, the Crown has failed to deal with the grievances of Ngaa Rauru Kiitahi and its breaches of the Treaty of Waitangi and its principles in an appropriate way. The recognition of these grievances and breaches is long overdue. The sense of grief and loss suffered by Ngaa Rauru Kiitahi remains today.

9 Text of apology in Maori—He Whakapaha a te Karauna
  • The text of the apology in Maori as set out in the deed of settlement is as follows:

    (1) E tuku whakapaaha ana te Karauna ki a Ngaa Rauru Kiitahi, ki oo raatou tuupuna, ki oo raatou uri whakaheke, ki ngaa Uki o Ngaa Rauru Kiitahi hoki.

    (2) E tino poouri ana, e tuku whakapaaha herekore ana te Karauna ki a Ngaa Rauru Kiitahi moo aana mahi i te waa o ngaa pakanga ki Taranaki, moo te orotaa, moo te mamae i paa mai ki a Ngaa Rauru Kiitahi, taapiri atu ko eeraa i mate i te waa o ngaa pakanga.

    (3) E tino poouri ana, e tuku whakapaaha herekore ana te Karauna, moo tana raupatu i ngaa whenua o Ngaa Rauru Kiitahi, he mahi moorikarika.

    (4) E tino poouri ana, e tuku whakapaaha herekore ana te Karauna ki a Ngaa Rauru Kiitahi, moo ngaa putanga i hua mai i aana mahi me ngaa mahi kaaore i mahia e ia aa, ko te hua o eenei, ko te whakaruhinga o te Ngaa Raurutanga. I paa mai te kino ki te oohanga, te whanaketanga me te pai o te hapori o Ngaa Rauru Kiitahi me te aha, kua noho tata whenua kore te iwi. Kei te rongo tonu ngaa whakatupuranga o eenei raa i ngaa mamae me ngaa taumahatanga i utaina ki runga i a Ngaa Rauru Kiitahi.

    (5) E tino poouri ana te Karauna moo tana kore aro ki te mana, ki te Ngaa Raurutanga o Ngaa Rauru Kiitahi.

    (6) E tino poouri ana, e tuku whakapaaha herekore ana te Karauna ki a Ngaa Rauru Kiitahi moo ana takahitanga e raarangi nei i runga ake o te Tiriti o Waitangi me oona maataapono.

    (7) Naa reira e ngana ana te Karauna ki te whakatika i oona hee, ki te whakatuu i teetahi hononga kaha ake ki a Ngaa Rauru Kiitahi i runga hoki i te Tiriti o Waitangi me oona maataapono.

10 Text of apology in English
  • The text of the apology in English as set out in the deed of settlement is as follows:

    (1) The Crown apologises to Ngaa Rauru Kiitahi, to their ancestors, to their descendants, and to Ngaa Uki o Ngaa Rauru Kiitahi.

    (2) The Crown profoundly regrets, and unreservedly apologises to Ngaa Rauru Kiitahi for, its actions during the Taranaki wars, the destructive and demoralising effects of these actions on Ngaa Rauru Kiitahi, and loss of life during the wars.

    (3) The Crown profoundly regrets, and unreservedly apologises for, the confiscation of Ngaa Rauru Kiitahi land, which was unconscionable.

    (4) The Crown profoundly regrets, and unreservedly apologises to Ngaa Rauru Kiitahi for, the cumulative effects of its actions and omissions, which have undermined Ngaa Raurutanga. These effects have also had a devastating impact on their economy, development, and social structure, and have resulted in the virtual landlessness of Ngaa Rauru Kiitahi. The suffering and hardship caused to Ngaa Rauru Kiitahi over the generations has continued to the present day.

    (5) The Crown profoundly regrets its failure to acknowledge the mana and Ngaa Raurutanga of Ngaa Rauru Kiitahi.

    (6) The Crown profoundly regrets and apologises to Ngaa Rauru Kiitahi for the breaches of the Treaty of Waitangi and its principles as acknowledged above.

    (7) Accordingly, the Crown seeks to atone for these wrongs and build a stronger relationship with Ngaa Rauru Kiitahi based on the Treaty of Waitangi and its principles.

Part 2
Interpretation

11 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.

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

    archaeological site has the meaning given to it in section 2 of the Historic Places Act 1993

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

    • (a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, ANZAC Day, the Sovereign’s birthday, and Labour Day; 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; and

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

    • (c) the days observed as the anniversaries of the provinces of Wellington and Taranaki

    chief executive means the chief executive of Land Information New Zealand

    Commissioner of Crown Lands has the same meaning as Commissioner in section 2 of the Land Act 1948

    consent authority has the meaning given to it in section 2(1) of the Resource Management Act 1991

    Conservation Board has the meaning given to it in section 2(1) of the Conservation Act 1987

    conservation document means a national park management plan, conservation management strategy, or conservation management plan

    conservation management plan has the meaning given to it in section 2(1) of the Conservation Act 1987

    conservation management strategy has the meaning given to it in section 2(1) of the Conservation Act 1987

    Crown has the meaning given to it in section 2(1) of the Public Finance Act 1989

    Crown entity has the meaning given to it in section 2(1) of the Public Finance Act 1989

    Crown owned minerals means a mineral (as that term is defined in section 2(1) of the Crown Minerals Act 1991) that is the property of the Crown under sections 10 and 11 of the Crown Minerals Act 1991 or over which the Crown has jurisdiction under the Continental Shelf Act 1964

    cultural redress property means a property listed in Schedule 1

    deed of recognition means a deed of recognition entered into by the Crown and the governance entity under section 48

    deed of settlement and deed

    • (a) means the deed of settlement dated 27 November 2003 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Mike Neho, Carolyn Young, Martin Davis, and Bill Hamilton for Ngaa Rauru Kiitahi; and

    • (b) includes—

      • (i) the schedules of the deed; and

      • (ii) amendments to the deed or to the attachments or the schedules

    Director-General has the meaning given to it in section 2(1) of the Conservation Act 1987

    DOC protocol means a protocol issued under section 21 by the Minister of Conservation that—

    • (a) sets out how the Department of Conservation will interact with the governance entity in relation to the matters specified in the protocol; and

    • (b) provides for input by Ngaa Rauru Kiitahi into certain Department of Conservation processes in relation to the matters specified in the protocol; and

    • (c) is in the form set out in Part 2 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21

    DOC protocol area means the area shown on the map attached to the DOC protocol

    effective date means the date that is 6 months after the settlement date

    encumbrance means, in respect of a cultural redress property, a lease, tenancy, licence to occupy, easement, covenant, or other right affecting that property listed in column 3 of Schedule 1

    fisheries legislation means—

    • (c) all regulations made under either or both of those Acts

    fisheries protocol means a protocol issued under section 21 by the Minister of Fisheries that—

    • (a) sets out how the Ministry of Fisheries will interact with the governance entity in relation to matters specified in the protocol; and

    • (b) provides for input by Ngaa Rauru Kiitahi into certain processes of the Ministry in relation to the matters specified in the protocol; and

    • (c) is in the form set out in Part 2 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21

    fisheries protocol area means the area shown on the map attached to the fisheries protocol, together with the adjacent waters

    governance entity means the entity established in accordance with clause 3.4 of the deed of settlement

    Historic Places Trust means the New Zealand Historic Places Trust (Pouhere Taonga) provided for in section 38 of the Historic Places Act 1993

    local authority has the meaning given to it in section 2(1) of the Resource Management Act 1991

    MED protocol means a protocol issued under section 21 by the Minister of Energy that—

    • (a) sets out how the Ministry of Economic Development will interact with the governance entity in relation to the matters specified in the protocol; and

    • (b) provides for input by Ngaa Rauru Kiitahi into certain processes of the Ministry in relation to the matters specified in the protocol; and

    • (c) is in the form set out in Part 2 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21

    MED protocol area means the area shown on the map attached to the MED protocol, together with the adjacent waters

    member of Ngaa Rauru Kiitahi (Ngaa Uki o Ngaa Rauru Kiitahi) means every individual referred to in section 13(1)(a)

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

    New Zealand Conservation Authority has the same meaning as in section 2(1) of the Conservation Act 1987

    Ngaa Rauru Kiitahi and Ngaa Rauru Kiitahi tupuna have the meanings set out in section 13

    Ngaa Rauru Kiitahi area of interest means the area that Ngaa Rauru Kiitahi identify as their area of interest, as set out in Schedule 5 of the deed of settlement

    Ngaa Rauru Kiitahi historical claims has the meaning set out in section 14

    protected New Zealand objects protocol means a protocol issued under section 21 by the Minister for Arts, Culture and Heritage that—

    • (a) sets out how the Ministry for Culture and Heritage will interact with the governance entity on the matters specified in that protocol; and

    • (b) provides for input by Ngaa Rauru Kiitahi into certain processes of the Ministry for Culture and Heritage in relation to the matters specified in the protocol; and

    • (c) is in the form set out in Part 2 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21

    protected New Zealand objects protocol area means the area shown on the map attached to the protected New Zealand objects protocol, together with the adjacent waters

    Registrar-General means the Registrar-General of Land appointed in accordance with section 4 of the Land Transfer Act 1952

    relevant consent authority means a consent authority of the region or district that contains, or is adjacent to, a statutory area

    representative entity means—

    • (a) the governance entity:

    • (b) Nga Rauru Iwi Authority:

    • (c) a person (including any trust or trustees) acting for, or on behalf of,—

      • (ii) any 1 or more members of Ngaa Rauru Kiitahi; or

      • (iii) any 1 or more of the hapuu, groups, family, or whaanau of individuals referred to in section 13(1)(b)(ii)

    resource consent has the meaning given to it in section 87 of the Resource Management Act 1991

    responsible Minister means, in subpart 1 of Part 4, one of the following Ministers:

    • (a) the Minister of Conservation:

    • (b) the Minister for Economic Development:

    • (c) the Minister of Fisheries:

    • (d) the Minister for Arts, Culture and Heritage:

    • (e) any other Minister of the Crown who is authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 of Part 4

    responsible Ministry means, in subpart 1 of Part 4, one of the following departments of State:

    • (a) the Department of Conservation:

    • (b) the Ministry for Economic Development:

    • (c) the Ministry of Fisheries:

    • (d) the Ministry for Culture and Heritage:

    • (e) any other department of State authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 of Part 4

    RFR area means the area of land within the boundary on SO 314771 and shown for identification purposes only on the maps set out in Schedule 3 of the RFR deed

    RFR deed means the deed entered into by the Crown and the governance entity under section 14 of the deed of settlement

    river, in relation to a statutory acknowledgement, means a continuously or intermittently flowing body of fresh water, including a stream or modified watercourse and the bed of the river

    settlement date means the date that is 20 business days after the date on which this Act comes into force

    statutory acknowledgement means an acknowledgement made by the Crown under section 40 in respect of a statutory area, on the terms set out in subpart 3 of Part 4

    statutory area means the areas described in Schedule 3, the general locations of which are indicated on the SO plans referred to in that schedule (but which are not intended to establish the precise boundaries of the statutory areas)

    waterway

    • (a) means a lake, being a body of fresh water that is entirely or nearly surrounded by land, or a river, being a continuously or intermittently flowing body of fresh water, and includes a stream and modified watercourse; and

    • (b) includes coastal waters, including harbours; but

    • (c) does not include an artificial watercourse such as an irrigation canal, water supply race, canal for the supply of water for electricity power generation, or farm drainage canal.

    Section 12 antiquities protocol: repealed, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

    Section 12 antiquities protocol area: repealed, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

    Section 12 business day paragraph (ba): 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).

    Section 12 protected New Zealand objects protocol: inserted, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

    Section 12 protected New Zealand objects protocol area: inserted, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

13 Meaning of Ngaa Rauru Kiitahi
  • (1) In this Act, Ngaa Rauru Kiitahi

    • (a) means the iwi, or collective group, composed of—

      • (i) individuals descended from 1 or more Ngaa Rauru Kiitahi tupuna; and

      • (ii) every individual referred to in paragraph (a)(i); and

      • (iii) every individual who is a member of a hapuu referred to in paragraph (b); and

    • (b) includes the following hapuu—

      • (i) Rangitaawhi:

      • (ii) Pukorokoro:

      • (iii) Ngaati Hine:

      • (iv) Kairakau:

      • (v) Ngaati Maika I:

      • (vi) Manaia:

      • (vii) Ngaa Ariki:

      • (viii) Ngaati Pourua:

      • (ix) Ngaati Hou Tipua:

      • (x) Ngaati Hine Waiatarua:

      • (xi) Ngaati Ruaiti:

      • (xii) Ngaati Maika II:

      • (xiii) Tamareheroto:

      • (xiv) Ngaati Pukeko:

      • (xv) Ngaati Iti:

      • (xvi) Ngaati Hine Waiata:

      • (xvii) Ngaati Tai; and

    • (c) includes any whaanau, hapuu, or group of individuals composed of individuals referred to in paragraph (b)(i) to (xvii).

    (2) In this section and section 14, Ngaa Rauru Kiitahi tupuna means a person who exercised customary rights—

    • (a) by virtue of being descended from—

      • (i) Rauru; or

      • (ii) a recognised ancestor of any of the hapuu referred to in subsection (1)(b); and

    • (b) at any time after 6 February 1840 in relation to the area of interest.

    (3) In subsection (2), customary rights means rights according to tikanga Maori (Maori customary values and practices, which involve both rights and obligations) including—

    • (a) rights to occupy land; and

    • (b) rights in relation to the use of—

      • (i) land:

      • (ii) other natural or physical resources.

14 Meaning of Ngaa Rauru Kiitahi historical claims
  • (1) In this Act, Ngaa Rauru Kiitahi historical claims

    • (a) means every claim (whether or not the claim has arisen or been considered, researched, registered, or notified on or before the settlement date) that Ngaa Rauru Kiitahi (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—

      • (i) is, or is founded on, a right arising—

        • (B) under legislation or at common law (including aboriginal title or customary law); or

        • (C) from fiduciary duty; or

        • (D) otherwise; and

      • (ii) arises from, or relates to, acts or omissions before 21 September 1992—

        • (A) by, or on behalf of, the Crown; or

        • (B) by or under legislation; and

    • (b) includes all claims to the Waitangi Tribunal to which paragraph (a) applies and that relate exclusively to Ngaa Rauru Kiitahi (or a representative entity), including—

      • (i) Wai 137 (the Ngaa Rauru Kiitahi land claim); and

      • (ii) Wai 505 (Wanganui and Waitotara Blocks claim); and

      • (iii) Wai 772 (Mandating Process and Ngaa Ariki Land and Fisheries claim); and

    • (c) includes every other claim to the Waitangi Tribunal to which paragraph (a) applies as far as it relates to Ngaa Rauru Kiitahi (or a representative entity), including—

      • (i) Wai 54 (Ngaa Iwi o Taranaki claim); and

      • (ii) Wai 99 (Te Pakakohi Lands and Fisheries claim); and

      • (iii) Wai 126 (Motunui Plant and Petrocorp claim); and

      • (iv) Wai 131 (Taranaki Maori Trust Board claim); and

      • (v) Wai 139 (Taranaki Land Confiscations claim); and

      • (vi) Wai 143 (Taranaki claims); and

      • (vii) Wai 552 (Ahitahi/Araukuku Hapuu claim); but

    • (d) does not include the following claims:

      • (i) a claim that Ngaa Uki o Ngaa Rauru Kiitahi, or a whaanau, hapuu, or group of individuals referred to in section 13(1)(c) may have that is, or is founded on, a right arising as a result of being descended from an ancestor who is not a Ngaa Rauru Kiitahi tupuna; or

      • (ii) a claim that a representative entity may have to the extent that the claim is, or is based on, a claim referred to in subparagraph (i).

    (2) Subsection (1)(a) is not limited by subsection (1)(b) or subsection (1)(c).

Part 3
Settlement of historical claims and miscellaneous matters

Subpart 1Settlement of historical claims

Jurisdictions of courts, etc, removed

15 Settlement of Ngaa Rauru Kiitahi historical claims final
  • (1) The settlement of Ngaa Rauru Kiitahi historical claims effected under the deed of settlement and this Act is final, and on and from the settlement date the Crown is released and discharged from all obligations and liabilities in respect of those claims.

    (2) Subsection (1) does not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.

    (3) Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—

    • (a) any or all of the Ngaa Rauru Kiitahi historical claims; or

    • (b) the deed of settlement; or

    • (c) the redress provided to the governance entity under the deed of settlement or under this Act; or

    • (d) this Act.

    (4) Subsection (3) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act.

Treaty of Waitangi Act 1975 amended

[Repealed]

  • Heading: repealed, on 23 May 2008, pursuant to section 7 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

16 Jurisdiction of Tribunal to consider claims
  • [Repealed]

    Section 16: repealed, on 23 May 2008, by section 7 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Protections no longer apply

17 Certain enactments do not apply
  • (1) Nothing in the enactments listed in subsection (2) applies—

    • (a) to land in the RFR area; or

    • (b) in respect of Ngaa Rauru Kiitahi or a representative entity, to land outside the RFR area.

    (2) The enactments are—

    • (d) Part 3 of the Crown Forest Assets Act 1989:

    • (e) Part 3 of the New Zealand Railways Corporation Restructuring Act 1990.

18 Removal of resumptive memorials
  • (1) The chief executive must, as soon as is reasonably practicable after the settlement date, issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—

    • (a) solely within the RFR area; and

    • (b) contained in a certificate of title or computer register that has a memorial entered under any of the enactments referred to in section 17(2).

    (2) Each certificate must state that it is issued under this section.

    (3) The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1),—

    • (a) register the certificate against each certificate of title or computer register identified in the certificate; and

    • (b) cancel each memorial that, under an enactment referred to in section 17(2), is entered on a certificate of title or computer register identified in the certificate.

Subpart 2Settlement of historical claims

Perpetuities

19 Rule against perpetuities does not apply
  • (1) Neither the rule against perpetuities nor any relevant provisions of the Perpetuities Act 1964

    • (a) prescribes or restricts the period during which the governance entity may—

      • (i) exist in law; or

      • (ii) hold or deal with property (including income derived from property); or

    • (b) applies to a document entered into to give effect to the deed of settlement (including the deeds that grant a right of first refusal referred to in clauses 6.3.3(m) and 6.3.5 of the deed of settlement) if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.

    (2) Subsection (1)(a) does not apply if the governance entity is, or becomes, a charitable trust.

Date on which actions or matters must occur

20 Timing of actions or matters
  • (1) Subject to subsection (2), actions or matters occurring under this Act occur or take effect on the settlement date.

    (2) If a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on that other date.

Part 4
Cultural redress

Subpart 1Protocols

General provisions

21 Authority to issue, amend, or cancel protocols
  • (1) Each responsible Minister may—

    • (a) issue a protocol to the governance entity in the form set out in Part 2 of Schedule 1 of the deed of settlement; and

    • (b) amend or cancel that protocol.

    (2) A protocol may be amended or cancelled under subsection (1) at the initiative of either—

    • (a) the governance entity; or

    • (b) the Minister who issued the protocol.

    (3) The Minister who issued the protocol may amend or cancel that protocol only after consulting with, and having particular regard to the views of, the governance entity.

22 Protocols subject to the Crown’s obligations
  • Protocols do not restrict—

    • (a) the ability of the Crown to perform its functions and duties and exercise its powers in accordance with the law and government policy, which includes (without limitation) the ability to—

      • (i) introduce legislation and change government policy; and

      • (ii) interact or consult with a person the Crown considers appropriate, including, without limitation, any iwi, hapuu, marae, whaanau, or other representative of tangata whenua; or

    • (b) the responsibilities of a responsible Minister and a responsible Ministry; or

    • (c) the legal rights of Ngaa Rauru Kiitahi or a representative entity.

23 Enforceability of protocols
  • (1) The Crown must comply with a protocol while it is in force.

    (2) If the Crown fails without good cause to comply with its obligations under a protocol, the governance entity may, subject to the Crown Proceedings Act 1950, enforce the protocol.

    (3) Despite subsection (2), damages or any form of monetary compensation are not available as a remedy for failure to comply with a protocol.

    (4) To avoid doubt,—

    • (a) subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and

    • (b) subsection (3) does not affect the ability of a court to award costs in relation to proceedings referred to in subsection (2).

24 Limitation of rights
  • (1) The DOC protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under—

    • (b) the statutes listed in Schedule 1 of that Act.

    (2) The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights held, managed, or administered under fisheries legislation or under the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 (including fish, aquatic life, and seaweed) or under the Maori Fisheries Act 2004.

    (3) The MED protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown owned minerals.

    (4) The protected New Zealand objects protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, protected New Zealand objects or ngā taonga tūturu.

    (5) In this section, protected New Zealand object and taonga tūturu have the meanings they are given in section 2 of the Protected Objects Act 1975.

    Section 24(4): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

    Section 24(5): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Noting of certain protocols

25 Noting of DOC protocol
  • (1) The existence of the DOC protocol must be noted in the conservation documents that affect the DOC protocol area.

    (2) The noting of the DOC protocol must include a summary of the terms under which the protocol is issued, as set out in attachment B of the DOC protocol.

    (3) The noting of the DOC protocol is—

    • (a) for the purpose of public notice only; and

    • (b) not an amendment to a conservation document for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.

26 Noting of fisheries protocol
  • (1) The existence of the fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area.

    (2) The noting of the fisheries protocol must include a summary of the terms under which the protocol is issued, as set out in attachment B of the fisheries protocol.

    (3) The noting of the fisheries protocol is—

    • (a) for the purpose of public notice only; and

    • (b) not an amendment to a fisheries plan for the purposes of section 11A of the Fisheries Act 1996.

    (4) In this section, fisheries plan means a plan approved or amended under section 11A of the Fisheries Act 1996.

27 Noting of MED protocol
  • (1) The existence of the MED protocol must be noted in minerals programmes affecting the MED protocol area.

    (2) The noting of the MED protocol must include a summary of the terms under which the protocol is issued, as set out in attachment B of the MED protocol.

    (3) The noting of the MED protocol is for the purpose of public notice only.

    (4) In this section, minerals programme has the meaning given to it in section 2(1) of the Crown Minerals Act 1991.

Subpart 2Cultural redress properties

Vesting of cultural redress properties

28 Interpretation
  • In this subpart,—

    approved transferee, in relation to the Rehu Village site, means the legal entity approved by the governance entity and Te Runanga o Ngati Ruanui Trust to receive that site

    Bed of Lake Moumahaki means the land described by that name in Schedule 1

    Nukumaru site means the land described by that name in Schedule 1

    Puau site means the land described by that name in Schedule 1

    Rehu Village site means the land described by that name in Schedule 1

    Waiinu Beach site means the land described by that name in Schedule 1.

29 Bed of Lake Moumahaki
  • (1) The fee simple estate in the Bed of Lake Moumahaki vests in the governance entity.

    (2) Despite section 38(5), Part 4A of the Conservation Act 1987 does not apply to the vesting under subsection (1).

    (3) Despite subsection (1),—

    • (a) any lawful right of access to, or use of, the Bed of Lake Moumahaki remains unaffected; and

    • (b) members of the public may carry out recreational activities on Lake Moumahaki; and

    • (c) the governance entity must not interfere with a member of the public carrying out a recreational activity on Lake Moumahaki.

    (4) A recreational activity under subsection (3)—

    • (a) includes swimming, boating, water skiing, fishing, and duck shooting; and

    • (b) must not be an activity that has been made unlawful by or under any legislation; and

    • (c) that is subject to the member of the public having a licence or permit required by or under legislation to authorise that recreational activity, must be carried on, under, and in accordance with such a licence or permit; but

    • (d) does not include any recreational activity—

      • (i) that involves attaching a fixture to the Bed of Lake Moumahaki; or

      • (ii) that involves a risk of a significant adverse effect to the Bed of Lake Moumahaki; and

    • (e) does not include any activity forbidden by, and that must be carried out in accordance with, any regulations made by the Governor-General by Order in Council.

    (5) The vesting of the Bed of Lake Moumahaki under subsection (1) does not give any rights to, or impose any obligations on, the governance entity in relation to—

    • (a) the waters of Lake Moumahaki; or

    • (b) the aquatic life of Lake Moumahaki (other than plants attached to the Bed of Lake Moumahaki).

    (6) The boundary of the Bed of Lake Moumahaki will be a moveable natural boundary as defined by the mean high water level of the lake.

    (7) If any future changes in the position of the mean high water level are sudden or caused by unnatural means, those changes will not alter the position of the boundary of the Bed of Lake Moumahaki.

    (8) If the position of the mean high water level changes gradually and imperceptibly over a period of time, the normal rules of accretion and erosion apply.

30 Nukumaru site
  • (1) The road shown as Sec 1 on SO 339300 is stopped.

    (2) Any part or parts of the stopped road referred to in subsection (1) above the mark of mean high water springs of the sea—

    • (a) are vested in the Crown as a recreation reserve subject to section 17 of the Reserves Act 1977; and

    • (b) form part of the Nukumaru site.

    (3) To avoid doubt, section 345(3) of the Local Government Act 1974 does not apply to subsection (1).

    (4) The reservation under the Reserves Act 1977 over the Nukumaru site is revoked.

    (5) On revocation of the reserve status of the Nukumaru site, the site vests in the Crown as Crown land and is subject to section 82 of the Reserves Act 1977 before it vests in the governance entity.

    (6) The fee simple estate in the Nukumaru site vests in the governance entity.

    (7) Despite section 38(5), the marginal strip arising under section 24 of the Conservation Act 1987 in relation to the disposition of the Nukumaru site is reduced to a marginal strip of 15 metres between peg 10B and peg 10C as shown in diagram A on SO 339326.

    (8) Each grazing lease noted as an encumbrance in relation to the Nukumaru site in Schedule 1 (the Nukumaru encumbrances) binds successors in title to the Nukumaru site until the expiry or termination of the encumbrance, whichever is the earlier.

    (9) On the creation of the computer freehold register for the Nukumaru site, the Registrar-General of Land must note that the register is subject to subsection (8).

    (10) The Registrar-General must remove the note made under subclause (9) from the computer freehold register on receipt of a written request from the registered proprietor of the Nukumaru site, subject to subsection (11).

    (11) Any request made under subsection (10) before 1 April 2015, must include evidence demonstrating that every Nukumaru encumbrance has been terminated.

31 Nukumaru easement
  • (1) The Crown must sign and provide to the governance entity, by or on the settlement date, an easement on the terms and conditions set out in Part 1 of Schedule 2 of the deed of settlement ensuring that the governance entity has access to the Nukumaru site over the Nukumaru Recreation Reserve (the Nukumaru easement).

    (2) Nothing in Part 3B of the Conservation Act 1987 applies to the Nukumaru easement.

    (3) Despite the provisions of the Land Transfer Act 1952, the Registrar-General of Land must, on written application by the Minister of Conservation, register the easement by creating a computer interest register for the easement.

    (4) Upon creation of the computer interest register for the Nukumaru easement, the easement must be treated for all purposes, including subsequent dealings, as if it had been created under the Land Transfer Act 1952.

    (5) The Nukumaru easement is enforceable in accordance with its terms.

32 Puau site
  • (1) The Puau site ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in the Puau site vests in the governance entity.

33 Rehu Village site may be vested in approved transferee
  • (1) This section applies if, within 12 months after the settlement date,—

    • (a) the governance entity and Te Runanga o Ngati Ruanui Trust approve the appointment of the approved transferee to receive the Rehu Village site under this Act; and

    • (b) the governance entity, Te Runanga o Ngati Ruanui Trust, and the approved transferee accept the provisions relating to the vesting of the Rehu Village site in the approved transferee as provided by the deed of settlement; and

    • (c) the governance entity, Te Runanga o Ngati Ruanui Trust, and the approved transferee give the Minister in Charge of Treaty of Waitangi Negotiations written notification that—

      • (i) the approved transferee has been appointed in accordance with paragraph (a); and

      • (ii) the provisions of the deed of settlement have been accepted in accordance with paragraph (b); and

    • (d) the approved transferee signs and provides to the Minister in Charge of Treaty of Waitangi Negotiations an easement in favour of Trustpower Limited over the Rehu Village site.

    (2) The easement referred to in subsection (1)(d) must be substantially on the same terms and conditions as set out in Part 1 of Schedule 2 of the deed of settlement.

    (3) If this section applies,—

    • (a) the Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable after the conditions in subsection (1) have been satisfied, advise by notice in the Gazette that this section applies; and

    • (b) the following take effect from the date of notification in the Gazette under paragraph (a):

      • (ii) the fee simple estate in the Rehu Village site vests in the approved transferee.

34 Waiinu Beach site
  • (1) The Waiinu Beach site ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in the Waiinu Beach site vests in the governance entity.

Provisions relating to vesting of cultural redress properties

35 Vesting subject to encumbrances
  • The vesting of each cultural redress property is subject to the encumbrances (if any) listed in column 3 of Schedule 1.

36 Registration of ownership: general
  • (1) This section applies to the fee simple estate in a cultural redress property that vests in the governance entity under this Act.

    (2) The Registrar-General must, on written application by an appropriate person, comply with subsections (3) and (4).

    (3) To the extent that the property comprises all the land in a certificate of title or computer freehold register, the Registrar-General must—

    • (a) register the trustees of the governance entity as the proprietors of the fee simple estate in the land; and

    • (b) make those entries in the register and generally do all things necessary to give effect to this subpart and Part 10 of the deed of settlement.

    (4) To the extent that the property does not comprise all the land in a certificate of title or computer freehold register, or there is no certificate of title or computer freehold register for all or part of the property, the Registrar-General must, in accordance with the application referred to in subsection (2), create 1 or more computer freehold registers in the names of the trustees of the governance entity, subject to, and together with, any encumbrances that are registrable or notifiable and that are described in the written application.

    (5) Subsection (4) applies subject to completing any survey necessary to create a computer freehold register.

    (6) A computer freehold register must be created under this section as soon as reasonably practicable after the settlement date but no later than—

    • (a) 24 months after the cultural redress property vests in the governance entity; or

    • (b) any later date that may be agreed in writing by the governance entity and the Crown.

    (7) In this section, appropriate person means a person who is authorised to make an application under subsection (2) by—

    • (a) the chief executive, for the site described in section 29; or

37 Registration of ownership: Rehu Village site
  • (1) This section applies to the fee simple estate in the Rehu Village site that vests in the approved transferee under section 33.

    (2) The Registrar-General must, on written application by the Director-General, comply with subsection (3).

    (3) To the extent that the site does not comprise all the land in a certificate of title or computer freehold register, or there is no certificate of title or computer freehold register for all or part of the site, the Registrar-General must, in accordance with the application referred to in subsection (2), create 1 or more computer freehold registers in the name of the approved transferee, subject to, and together with, any encumbrances that are registrable or notifiable and that are described in the written application.

    (4) Subsection (3) applies subject to completing any survey necessary to create a computer freehold register.

    (5) A computer freehold register must be created under this section as soon as reasonably practicable after the settlement date but no later than—

    • (a) 24 months after the Rehu Village site vests in the approved transferee; or

    • (b) any later date that may be agreed in writing by the approved transferee and the Crown.

38 Application of other enactments: general
  • (1) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation under this subpart of the reserve status of a cultural redress property vested in the governance entity under this subpart.

    (2) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

    • (a) the vesting in the governance entity of the fee simple estate in a cultural redress property under this subpart; or

    • (b) a matter incidental to, or required for the purpose of, the vesting of the fee simple estate in a cultural redress property under this subpart.

    (3) The vesting of the fee simple estate in a cultural redress property under this subpart does not—

    • (b) affect other rights to subsurface minerals.

    (4) The permission of a council under section 348 of the Local Government Act 1974 is not required to lay out, form, grant, or reserve a private road, private way, or right of way required by Part 10 of the deed of settlement.

    (5) The vesting in the governance entity of a fee simple estate in a cultural redress property under this subpart is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition unless otherwise stated.

39 Application of other enactments: Rehu Village site
  • (1) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

    • (a) the vesting in the approved transferee of the fee simple estate in the Rehu Village site under this subpart; or

    • (b) a matter incidental to, or required for the purpose of, the vesting of the fee simple estate in the Rehu Village site under this subpart.

    (2) The vesting of the fee simple estate in the Rehu Village site under this subpart does not—

    • (b) affect other rights to subsurface minerals.

    (3) The vesting in the approved transferee of a fee simple estate in the Rehu Village site under this subpart is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

Subpart 3Statutory acknowledgements and deeds of recognition

Statutory acknowledgements

40 Statutory acknowledgements by the Crown
  • The Crown acknowledges the statements made by Ngaa Rauru Kiitahi of the particular cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with the statutory areas listed in Part 1 of Schedule 3, the texts of which are set out in Schedules 4 to 11.

41 Purposes of statutory acknowledgements
  • (1) The only purposes of the statutory acknowledgements are—

    • (a) to require consent authorities, the Environment Court, and the Historic Places Trust to have regard to the statutory acknowledgements, as provided for in sections 42 to 44; and

    • (b) to require relevant consent authorities to forward summaries of resource consent applications to the governance entity, as provided for in section 46; and

    • (c) to enable the governance entity and a member of Ngaa Rauru Kiitahi to cite the statutory acknowledgements as evidence of the association of Ngaa Rauru Kiitahi with the relevant statutory areas, as provided for in section 47.

    (2) This section does not limit the operation of sections 53 to 56.

42 Consent authorities to have regard to statutory acknowledgements
  • (1) From the effective date, a consent authority must have regard to a statutory acknowledgement relating to a statutory area in forming an opinion in accordance with sections 93 to 94C of the Resource Management Act 1991 as to whether the governance entity 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.

    (2) Subsection (1) does not limit the obligations of a consent authority under the Resource Management Act 1991.

43 Environment Court to have regard to statutory acknowledgements
  • (1) From the effective date, the Environment Court must have regard to a statutory acknowledgement relating to a statutory area in determining under section 274 of the Resource Management Act 1991 whether the governance entity 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.

    (2) Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991.

44 Historic Places Trust and Environment Court to have regard to statutory acknowledgements
  • From the effective date, the Historic Places Trust and the Environment Court must have regard to a statutory acknowledgement relating to a statutory area in forming an opinion under section 14(6)(a) or section 20(1) of the Historic Places Act 1993, as the case may be, as to whether the governance entity is (or, for the purposes of section 14(6)(a) of that Act, may be) a person directly affected in relation to an archaeological site within the statutory area.

45 Recording statutory acknowledgements on statutory plans
  • (1) From the effective date, relevant consent authorities must attach information recording a statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area.

    (2) The attachment of information under subsection (1) to a statutory plan—

    • (a) must include the relevant provisions of this subpart in full, the description of the statutory area, and the statement of association (as recorded in the statutory acknowledgement); and

    • (b) is for the purpose of public information only, and the information is not—

      • (i) part of the statutory plan (unless adopted by the relevant consent authority); or

      • (ii) subject to the provisions of Schedule 1 of the Resource Management Act 1991.

    (3) In this section, statutory plan

    • (a) means a district plan, proposed plan, regional coastal plan, regional plan, or regional policy statement as defined in section 2(1) of the Resource Management Act 1991; and

    • (b) includes a proposed policy statement provided for in Schedule 1 of the Resource Management Act 1991.

46 Distribution of resource consent applications to governance entity
  • (1) A relevant consent authority must, for a period of 20 years from the effective date, forward to the governance entity a summary of resource consent applications received by that consent authority for activities within, adjacent to, or impacting directly on a statutory area.

    (2) The information provided under subsection (1) must be—

    • (a) the same as would be given under section 93 of the Resource Management Act 1991 to persons likely to be adversely affected, or as may be agreed between the governance entity and the relevant consent authority; and

    • (b) provided as soon as reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C of the Resource Management Act 1991.

    (3) The governance entity may, by notice in writing to a relevant consent authority,—

    • (a) waive its rights to be notified under this section; and

    • (b) state the scope of that waiver and the period it applies for.

    (4) For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to that application.

    (5) This section does not affect the obligation of a consent authority to—

    • (a) notify an application in accordance with sections 93 and 94C of the Resource Management Act 1991:

    • (b) form an opinion as to whether the governance entity is a person that is likely to be adversely affected under those sections.

47 Use of statutory acknowledgement
  • (1) The governance entity and a member of Ngaa Rauru Kiitahi may, as evidence of the association of Ngaa Rauru Kiitahi with a statutory area, cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a consent authority, the Environment Court, or the Historic Places Trust concerning activities within, adjacent to, or impacting directly on the statutory area.

    (2) The content of the statement of association, as recorded in the statutory acknowledgement, is not, by virtue of the statutory acknowledgement, binding as deemed fact on—

    • (a) consent authorities:

    • (b) the Environment Court:

    • (c) the Historic Places Trust:

    • (d) parties to proceedings before those bodies:

    • (e) any other person able to participate in those proceedings.

    (3) Despite subsection (2), the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.

    (4) Neither the governance entity nor a member of Ngaa Rauru Kiitahi is precluded from stating that Ngaa Rauru Kiitahi have an association with a statutory area that is not described in the statutory acknowledgement.

    (5) The content and existence of the statutory acknowledgement do not limit a statement made under subsection (4).

Deeds of recognition

48 Authorisation to enter into and amend deeds of recognition
  • A Minister of the Crown with statutory responsibility for land within a statutory area, or the Commissioner of Crown Lands, may—

    • (a) enter into deeds of recognition with the governance entity—

      • (i) in respect of the land within the statutory areas referred to in Part 3 of Schedule 2 of the deed of settlement; and

      • (ii) in the form set out for each statutory area (or part of an area) in Part 5 of Schedule 2 of the deed of settlement:

    • (b) amend a deed of recognition by entering into a deed with the governance entity to amend that deed of recognition.

49 Purpose of deed of recognition
  • (1) The only purpose of a deed of recognition is to require that the governance entity be consulted, and regard be had to its views, as provided for in the deed of settlement and in each deed of recognition.

    (2) Subsection (1) does not limit or affect sections 53 to 56.

50 Termination of deed of recognition
  • A deed of recognition terminates in respect of a statutory area or part of it if—

    • (a) the governance entity and the Minister of the Crown with statutory responsibility for the land or the Commissioner of Crown Lands agree in writing that a deed of recognition is no longer appropriate for the area concerned; or

    • (b) the area concerned is disposed of by the Crown; or

    • (c) there is a change in the Minister or the department of State responsible for the management of the area concerned.

Application of statutory acknowledgements and deeds of recognition in relation to rivers

51 Statutory acknowledgements in relation to rivers
  • If a statutory acknowledgement relates to a river, the river—

    • (a) includes—

      • (i) a continuously or intermittently flowing body of fresh water, including a stream or a modified watercourse; and

      • (ii) the bed of the river; but

    • (b) does not include—

      • (i) an artificial watercourse; or

      • (ii) a part of the bed of the river that is not owned by the Crown; or

      • (iii) land that the waters of the river do not cover at its fullest flow without overlapping its banks; or

      • (iv) a tributary that flows into the river.

52 Deeds of recognition for rivers
  • (1) If a deed of recognition relates to a river, that deed of recognition relates only to the bed of the river, which does not include—

    • (a) a part of the bed that is not owned and managed by the Crown; or

    • (b) land that the waters of the river do not cover at its fullest flow without overlapping its banks; or

    • (c) the bed of an artificial watercourse; or

    • (d) the bed of a tributary flowing into the river.

    (2) In determining whether the Crown manages a river for the purposes of this section, management exercised by a local authority under the Resource Management Act 1991 is not relevant.

General provisions

53 Crown not precluded from granting other statutory acknowledgement or deed of recognition
  • Neither the provision of a statutory acknowledgement nor the entry into a deed of recognition precludes the Crown from providing a statutory acknowledgement to, or entering into a deed of recognition with, persons other than Ngaa Rauru Kiitahi or the governance entity with respect to the same area.

54 Exercise of powers, duties, and functions not affected
  • (1) Except as expressly provided in this subpart,—

    • (a) neither a statutory acknowledgement nor a deed of recognition affects, or may be taken into account by, a person exercising a power or performing a function or duty under a statute, regulation, or bylaw:

    • (b) no person, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw, may give greater or lesser weight to the association of Ngaa Rauru Kiitahi with a statutory area (as described in the relevant statutory acknowledgement) than that person would give under the relevant statute, regulation, or bylaw if no statutory acknowledgement or deed of recognition existed in respect of the statutory area.

    (2) Subsection (1)(b) does not affect the operation of subsection (1)(a).

55 Rights not affected
  • Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition affects the lawful rights or interests of a person who is not a party to the deed of settlement.

56 Limitation of rights
  • Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition has the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.

Amendment to Resource Management Act 1991

57 Amendment to Resource Management Act 1991
  • Amendment(s) incorporated in the Act(s).

Subpart 4Uukaipoo entitlements

Grant of Uukaipoo entitlements

58 Interpretation
  • In this subpart, unless the context otherwise requires,—

    entitlement land means a site over which an Uukaipoo entitlement is granted

    land holding agent means the Minister of the Crown responsible for the department of State that manages the entitlement land or the Commissioner of Crown Lands, as the case may be

    Uukaipoo entitlement means an entitlement granted to the governance entity—

    • (a) under this subpart; and

    Uukaipoo site means a site—

59 Grant and renewal of Uukaipoo entitlements
  • (1) The Crown must, in accordance with this subpart, grant to the governance entity an Uukaipoo entitlement over each Uukaipoo site.

    (2) The grant of an Uukaipoo entitlement must be for an initial term of 10 years beginning on the settlement date.

    (3) The grant referred to in subsection (1) must be made in the form set out in Part 2 of Schedule 2 of the deed of settlement, or as varied in accordance with section 61.

    (4) If there is inconsistency between the provisions of the form used for the Uukaipoo entitlement under subsection (3) and the provisions of this subpart, the provisions of this subpart prevail.

    (5) An Uukaipoo entitlement must, at the option of the governance entity, be renewed for further terms of 10 years unless the Uukaipoo entitlement is terminated under section 76 or section 77.

60 Notification of Uukaipoo entitlement
  • (1) The land holding agent must notify the grant or renewal of an Uukaipoo entitlement in the Gazette.

    (2) The chief executive must note in his or her records—

    • (a) the grant or renewal of an Uukaipoo entitlement; and

    • (b) the notice in the Gazette relating to the grant or renewal.

61 Terms and conditions of Uukaipoo entitlement may be varied
  • (1) The form of an Uukaipoo entitlement granted under section 59 may be varied from the form used under section 59(3) by—

    • (a) the addition by the land holding agent, at the time of the grant of an Uukaipoo entitlement, of terms reasonably required by the Crown to protect and preserve—

      • (i) the Uukaipoo site:

      • (ii) the surrounding land:

      • (iii) associated flora and fauna; or

    • (b) agreement between the land holding agent and the governance entity.

    (2) Any variations under subsection (1) must be in writing and must not be inconsistent with this subpart.

Purpose of Uukaipoo entitlements

62 Purpose of Uukaipoo entitlements
  • An Uukaipoo entitlement is granted to the governance entity for the purpose of permitting members of Ngaa Rauru Kiitahi to occupy the Uukaipoo site, temporarily, exclusively, and on a non-commercial basis,—

    • (a) so as to have access to a waterway for lawful fishing; and

    • (b) for the lawful gathering of other natural resources in the vicinity of the Uukaipoo site.

Rights under Uukaipoo entitlements

63 Occupation of Uukaipoo sites by members of Ngaa Rauru Kiitahi
  • (1) The governance entity has the right to permit members of Ngaa Rauru Kiitahi to occupy an Uukaipoo site—

    • (a) for the purpose of the Uukaipoo entitlement, as set out in section 62; and

    • (b) to the exclusion of other persons during the period or periods that it exercises the right to occupy the site.

    (2) Subsection (1) applies subject to sections 64 to 69.

64 Period of occupation of Uukaipoo sites
  • (1) The governance entity may permit members of Ngaa Rauru Kiitahi to occupy the Uukaipoo sites, to the exclusion of other persons, for any period or periods in a calendar year that do not exceed 210 days in total.

    (2) The governance entity must not permit members of Ngaa Rauru Kiitahi to occupy the Uukaipoo sites in a calendar year during the period beginning on 1 May and ending at the close of 15 August.

65 Right to erect temporary dwellings
  • (1) The governance entity may permit members of Ngaa Rauru Kiitahi, while occupying an Uukaipoo site under an Uukaipoo entitlement, to erect camping shelters or similar temporary dwellings on the site.

    (2) The governance entity must ensure the removal of any camping shelters or temporary dwellings erected on an Uukaipoo site whenever the right to occupy that Uukaipoo site is not being exercised.

66 Condition of land when occupation ceases
  • (1) The governance entity must, whenever members of Ngaa Rauru Kiitahi permitted to occupy an Uukaipoo site under section 63 cease to occupy an Uukaipoo site, leave the site in substantially the same condition as it was when the permitted members of Ngaa Rauru Kiitahi began occupying the site.

    (2) Subsection (1) does not apply to temporary effects normally associated with occupation of an Uukaipoo site under an Uukaipoo entitlement.

67 Activities on Uukaipoo sites
  • (1) This section applies subject to section 65.

    (2) The governance entity may, with the written consent of the land holding agent, permit members of Ngaa Rauru Kiitahi to undertake other activities on Uukaipoo sites that are reasonably necessary for the Uukaipoo entitlement to be used for the purpose set out in section 62.

    (3) When applying for the land holding agent’s consent, the governance entity must provide to the land holding agent full details of the proposed activities, including (but not limited to)—

    • (a) the effect of the proposed activities—

      • (i) on the Uukaipoo sites; and

      • (ii) if the Uukaipoo site is held under the Conservation Act 1987 or an Act listed in Schedule 1 of that Act, on the surrounding land and associated flora and fauna; and

    • (b) any measures that the governance entity proposes to take (if the land holding agent’s consent is given) to avoid, remedy, or mitigate adverse effects.

    (4) In considering whether to give consent in relation to land held under the Conservation Act 1987 or an Act listed in Schedule 1 of that Act, the land holding agent may require the governance entity to obtain, at the expense of the governance entity, an environmental impact report about the proposed activities and an audit of that report.

    (5) The giving of consent is at the complete discretion of the land holding agent.

    (6) The land holding agent may give consent subject to any conditions that he or she thinks fit to impose.

    (7) Without limiting subsection (6), in giving consent in relation to land held under the Conservation Act 1987 or an Act listed in Schedule 1 of that Act, the land holding agent may impose reasonable conditions to avoid, remedy, or mitigate adverse effects of the proposed activities on the Uukaipoo site, surrounding land, or associated flora and fauna.

    (8) If the Crown has complied with its obligations under an Uukaipoo entitlement, the Crown is not liable to compensate the governance entity (whether on termination of an Uukaipoo entitlement or at another time) for activities undertaken by the governance entity on the Uukaipoo site.

Obligations relating to Uukaipoo entitlements

68 Uukaipoo entitlements must not impede public access
  • The grant and exercise of an Uukaipoo entitlement must not impede access by members of the public along a waterway.

69 Crown functions to continue
  • The grant and exercise of an Uukaipoo entitlement does not prevent agents of the Crown or persons exercising statutory powers from undertaking their functions in relation to the land over which an Uukaipoo entitlement is granted.

70 Uukaipoo entitlement does not restrict the Crown’s right to dispose of land
  • The grant and exercise of an Uukaipoo entitlement does not restrict the Crown’s right to dispose of an Uukaipoo site, land adjacent to an Uukaipoo site, or land adjacent to a waterway.

71 Governance entity may enforce rights against other persons
  • While members of Ngaa Rauru Kiitahi are occupying an Uukaipoo site under an Uukaipoo entitlement, the governance entity may enforce its rights under the Uukaipoo entitlement against persons who are not parties to the deed of settlement as if the governance entity were the owner of the Uukaipoo site.

72 Crown’s obligation to provide lawful access
  • (1) If an event described in subsection (2) occurs during the term of an Uukaipoo entitlement, the Crown must ensure that the governance entity continues, for the rest of the term, to have the same type of access to the Uukaipoo site as it had before the event occurred.

    (2) The events are—

    • (a) the Crown disposing of land adjacent to an Uukaipoo site:

    • (b) a change in the classification or status of land adjacent to an Uukaipoo site.

    (3) The Crown’s obligation in subsection (1) is subject to compliance with all applicable provisions in or under any other enactment.

73 Compliance with laws, bylaws, and land and water management practices
  • (1) The governance entity, members of Ngaa Rauru Kiitahi permitted to occupy an Uukaipoo site under section 63, and activities carried out on that Uukaipoo site by them are subject to the laws, regulations, bylaws, and land and water management practices that apply to that Uukaipoo site.

    (2) The land holding agent, in carrying out land and water management practices that relate to an Uukaipoo site, must have regard to the existence of an Uukaipoo entitlement and must—

    • (a) notify the governance entity of an activity that may affect the use of the site; and

    • (b) avoid unreasonable disruption to the use of the site.

    (3) The governance entity is subject to any requirement to apply for resource consents for activities on the Uukaipoo sites.

    (4) Subsection (3) does not limit subsection (1).

    (5) In this section, activities includes activities undertaken under section 67.

74 Rights of governance entity under Uukaipoo entitlement not assignable
  • The rights of the governance entity under an Uukaipoo entitlement are not assignable.

Suspension and termination of Uukaipoo entitlement

75 Suspension of Uukaipoo entitlement
  • (1) The land holding agent may suspend an Uukaipoo entitlement in accordance with this section.

    (2) The land holding agent must not suspend an Uukaipoo entitlement unless he or she first—

    • (a) consults the governance entity; and

    • (b) has particular regard to the views of the governance entity.

    (3) The land holding agent must not suspend an Uukaipoo entitlement unless he or she considers the suspension necessary for the management of the land, having regard to the purposes for which the land is held by the land holding agent.

    (4) If an Uukaipoo entitlement is suspended, the governance entity may, after the end of the suspension, permit members of Ngaa Rauru Kiitahi to occupy the Uukaipoo site for a period equal to the period of the suspension.

    (5) The occupation of an Uukaipoo site under subsection (4) is not subject to the restriction under section 64(2).

76 Termination of Uukaipoo entitlement
  • (1) The governance entity and the Crown may terminate an Uukaipoo entitlement by written agreement.

    (2) The Crown may terminate an Uukaipoo entitlement by giving written notice to the governance entity on 1 or more of the following grounds:

    • (a) that the Crown has disposed of the Uukaipoo site:

    • (b) that the Uukaipoo site has been destroyed or permanently and detrimentally affected:

    • (c) that the Uukaipoo site is on reserve land that may be required for the specific purpose for which it is held as a reserve:

    • (d) that the Uukaipoo site is an unformed legal road that is to be formed:

    • (e) that subject to section 72(1), lawful access to the Uukaipoo site has ceased to exist because of the occurrence of an event described in section 72(2).

    (3) On the termination of an Uukaipoo entitlement under this section, the Crown must take all reasonable steps to grant a replacement Uukaipoo entitlement to the governance entity.

    (4) Subsection (3) does not apply in relation to an Uukaipoo entitlement if the fee simple estate in the Uukaipoo site is vested in the governance entity.

    (5) The grant of a replacement Uukaipoo entitlement under subsection (3) must be over land that complies with clause 11.3 of the deed of settlement.

77 Termination of Uukaipoo entitlement for breach of obligations
  • (1) This section applies if the governance entity defaults in performing any of its obligations under an Uukaipoo entitlement.

    (2) If the default is capable of remedy, the Crown may give notice to the governance entity in writing, specifying the default and the remedy for the default required by the Crown.

    (3) The remedy required by the Crown must be reasonable in the circumstances.

    (4) If, at the end of 41 business days after notice is given by the Crown under subsection (2), the governance entity has not remedied, or taken appropriate action to remedy, the default as required by the Crown, the Crown may immediately terminate the Uukaipoo entitlement by notice in writing to the governance entity.

    (5) If the default is not capable of remedy, the Crown may immediately terminate the Uukaipoo entitlement by notice in writing to the governance entity.

    (6) The governance entity may, not earlier than 2 years after the termination of an Uukaipoo entitlement under this section, apply to the Minister of Maori Affairs for the grant of a replacement Uukaipoo entitlement that complies with clause 11.3 of the deed of settlement.

    (7) On receipt of an application under subsection (6), the Crown may, in its discretion, take reasonable steps to grant a replacement Uukaipoo entitlement over land that complies with clause 11.3 of the deed of settlement.

78 Notification of termination of Uukaipoo entitlement
  • (1) If an Uukaipoo entitlement is terminated under section 76 or section 77, the land holding agent must give notice of the termination in the Gazette.

    (2) The chief executive must note in his or her records the termination of the Uukaipoo entitlement and its notification in the Gazette.

Rights not affected or created

79 Rights of other parties not affected
  • Except as expressly provided in this subpart, the grant and exercise of an Uukaipoo entitlement does not affect the lawful rights or interests of a person who is not a party to the deed of settlement.

80 No creation of rights in entitlement land
  • Except as expressly provided in this subpart, the grant and exercise of an Uukaipoo entitlement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, an Uukaipoo site.

Application of other enactments

81 Part 3B of Conservation Act 1987 not to apply
  • Part 3B of the Conservation Act 1987 does not apply to the grant of an Uukaipoo entitlement.

82 Local Government (Rating) Act 2002
  • (1) To avoid doubt, section 8(1) and (3) of the Local Government (Rating) Act 2002 applies to land over which an Uukaipoo entitlement is granted.

    (2) The governance entity must reimburse the person paying the rates for an Uukaipoo site for rates payable under section 9 of the Local Government (Rating) Act 2002 for the Uukaipoo site in proportion to the period for which the governance entity is entitled to occupy the Uukaipoo site.

83 Section 44 of Reserves Act 1977 not to apply
  • Section 44 of the Reserves Act 1977 does not apply in relation to an Uukaipoo entitlement granted over land subject to that Act.

84 Section 11 and Part 10 of Resource Management Act 1991 do not apply
  • The grant of an Uukaipoo entitlement is not a subdivision for the purposes of section 11 and Part 10 of the Resource Management Act 1991.

Subpart 5Toopuni

85 Interpretation
  • In this subpart,—

    Ngaa Rauru Kiitahi values means the statement by Ngaa Rauru Kiitahi of the cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with the Toopuni, the text of which is set out in Schedule 12

    Toopuni means the site declared to be a Toopuni by section 86.

86 Declaration of Toopuni
  • The site described in Schedule 12 has Ngaa Rauru Kiitahi values and is a Toopuni.

87 Purposes of Toopuni
  • (1) The only purposes of the Crown declaring the site to be a Toopuni and acknowledging Ngaa Rauru Kiitahi values in relation to the area are to—

    • (a) enable agreement on protection principles under section 89; and

    • (b) give effect to the requirement that the New Zealand Conservation Authority and relevant conservation boards must have particular regard to Ngaa Rauru Kiitahi values and views and those protection principles, as provided in sections 90 and 91; and

    (2) This section does not limit sections 100 to 102.

88 Crown’s acknowledgement of Ngaa Rauru Kiitahi values
  • The Crown acknowledges Ngaa Rauru Kiitahi values in relation to the Toopuni.

89 Agreement on protection principles
  • The governance entity and the Crown may agree on and publicise protection principles that are directed at the Minister of Conservation—

    • (a) avoiding harm to Ngaa Rauru Kiitahi values in relation to the Toopuni; or

    • (b) avoiding the diminishing of Ngaa Rauru Kiitahi values in relation to the Toopuni.

90 New Zealand Conservation Authority and Conservation Boards to have particular regard to Ngaa Rauru Kiitahi values
  • When the New Zealand Conservation Authority or any Conservation Board considers any general policy or conservation document, in relation to the Toopuni, it must have particular regard to—

    • (a) Ngaa Rauru Kiitahi values in relation to the Toopuni; and

    • (b) any protection principles agreed between the governance entity and the Crown under section 89.

91 New Zealand Conservation Authority and relevant Conservation Boards to consult with governance entity
  • Before approving any general policy or conservation document, the New Zealand Conservation Authority or relevant Conservation Board must consult with the governance entity and have particular regard to its views as to the effect of the policy or document on Ngaa Rauru Kiitahi values in relation to the Toopuni.

92 Notification of Toopuni
  • (1) The declaration of the site as a Toopuni must be noted in all conservation documents affecting the Toopuni.

    (2) The initial notification of a Toopuni under subsection (1)—

    • (a) is for the purpose of public notice only; and

    • (b) is not an amendment to a conservation document for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.

93 Actions by Director-General
  • (1) On notification by the Minister of Conservation in the Gazette of the protection principles agreed under section 89, 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 to be taken.

    (3) The Director-General must notify the governance entity of what action the Director-General intends, to take under subsections (1) and (2).

    (4) If requested in writing by the governance entity, the Director-General must not take action in respect of the protection principles agreed under section 89 to which the request relates.

94 Amendments to strategies and plans
  • (1) The Director-General may initiate an amendment of any relevant conservation document to incorporate objectives relating to the protection principles agreed under section 89 (including a recommendation to make bylaws or regulations).

    (2) The Director-General must consult with affected Conservation Boards before initiating an amendment under subsection (1).

    (3) An amendment initiated under subsection (1) 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.

    (4) This section does not limit section 93(2).

95 Regulations
  • The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for the following purposes:

    • (a) providing for the implementation of objectives included in a conservation document under section 94(1):

    • (b) regulating or prohibiting activities or conduct by members of the public in relation to the Toopuni:

    • (c) specifying offences in respect of the contravention of any regulations made under paragraph (b), and providing for the imposition of fines—

      • (i) not exceeding $5,000 for those offences; and

      • (ii) for a continuing offence, an amount not exceeding $50 for every day during which the offence continues.

96 Bylaws
  • The Minister of Conservation may make bylaws for the following purposes:

    • (a) providing for the implementation of objectives included in conservation documents under section 94(1):

    • (b) regulating or prohibiting activities or conduct by members of the public in relation to the Toopuni:

    • (c) specifying offences in respect of the contravention of any bylaws made under paragraph (b), and providing for the imposition of fines—

      • (i) not exceeding $1,000 for those offences; and

      • (ii) for a continuing offence, an amount not exceeding $50 for every day during which the offence continues.

97 Notification of actions in Gazette
  • (1) The Minister of Conservation must notify in the Gazette

    • (a) the declaration of each Toopuni; and

    • (b) any principles agreed under section 89, and any agreed changes to those principles.

    (2) The Director-General may, at his or her discretion, notify in the Gazette any action taken or intended to be taken under any of sections 93 to 95.

    (3) The Director-General must notify in the Gazette any action taken or intended to be taken under section 96.

98 Existing classification of Toopuni
  • The purpose or classification of an area as a national park, conservation area, or reserve is not affected by the fact that the area is, or is within, the Toopuni.

99 Termination of status
  • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of the Toopuni is no longer a Toopuni.

    (2) The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—

    • (a) the governance entity and the Minister of Conservation have agreed in writing that the status of all or part of the Toopuni is no longer appropriate for the area concerned; or

    • (b) all or part of the Toopuni is disposed of by the Crown; or

    • (c) there is a change in the Minister of the Crown or the department of State responsible for the management of all or part of the Toopuni.

    (3) Subsection (4) applies if—

    • (a) subsection (2)(b) or (c) applies; or

    • (b) there is a change in the statutory management regime that applies to all or part of the Toopuni.

    (4) If this subsection applies, the Crown must take reasonable steps to ensure that the governance entity continues to have input into the management of that part of the Toopuni affected by the alienation, or change in management responsibility, through negotiation with the governance entity by—

    • (a) the Minister of the Crown responsible for the new management or the management regimes; or

    • (b) the Commissioner of Crown Lands; or

    • (c) any other responsible official.

100 Exercise of powers, duties, and functions
  • (1) Nothing in section 86 or section 88 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.

    (2) 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 Ngaa Rauru Kiitahi values than that person or entity would give under the relevant statute, regulation, or bylaw if the area were not a Toopuni and Ngaa Rauru Kiitahi values had not been acknowledged in this Act in relation to the area.

    (3) Subsection (2) does not limit the operation of subsection (1).

101 Rights not affected
  • (1) Nothing in section 86 or section 88 affects the lawful rights or interests of any person who is not a party to the deed of settlement.

    (2) This section applies subject to the other express provisions of this subpart.

102 Limitation of rights
  • (1) Nothing in section 86 or section 88 has the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind relating to, the Toopuni.

    (2) This section applies subject to the other express provisions of this subpart.

Subpart 6Shellfish quota

103 Interpretation
  • In this subpart, unless the context otherwise requires,—

    excess shellfish quota is the aggregate shellfish quota that—

    • (a) exceeds the quota permitted by section 59 of the Fisheries Act 1996; and

    • (b) is—

      • (i) purchased by the governance entity under the deed granting a right of first refusal over shellfish quota that is to be entered into by the Minister and the governance entity under clause 12.6 of the deed of settlement; and

      • (ii) received by the governance entity from the Treaty of Waitangi Fisheries Commission

    Minister has the meaning given to it in section 2(1) of the Fisheries Act 1996

    shellfish quota has the meaning given to it in the deed granting a right of first refusal over shellfish quota referred to in paragraph (b)(i) of the definition of excess shellfish quota.

104 Consent to holding excess quota
  • (1) The Minister is to be treated as having consented under section 60(1) of the Fisheries Act 1996 to the governance entity owning excess shellfish quota.

    (2) The Minister must be treated as complying with the requirements of section 60 of the Fisheries Act 1996 in relation to the consent referred to in subsection (1).

Subpart 7Coastal tendering

105 Interpretation
  • In this subpart, unless the context otherwise requires,—

    authorisation means an authorisation granted by the Minister of Conservation under section 161 of the Resource Management Act 1991

    coastal marine area has the meaning given to it in section 2(1) of the Resource Management Act 1991

    Minister means the Minister of Conservation

    specified coastal area has the same meaning as Shellfish RFR area in clause 16.1 of Part 7 of Schedule 2 of the deed of settlement.

106 Preferential right to purchase authorisations
  • (1) If the Minister offers authorisations for a part of the specified coastal area by public tender under Part 7 of the Resource Management Act 1991, the governance entity has a preferential right to purchase a proportion of the authorisations that are the subject of that tender.

    (2) The preferential right referred to in subsection (1) must be provided and exercised in accordance with the process set out in Part 8 of Schedule 2 of the deed of settlement.

107 Limit on proportion of authorisations able to be purchased
  • (1) The authorisations that the governance entity has a preferential right to purchase under section 106 must—

    • (a) not exceed in area 10% of the authorisations granted or proposed to be granted by the Minister in the tender for the specified coastal area; and

    • (b) be of not less than fair average quality in terms of the relevant portion of the specified coastal area, relative to the quality of those portions for all other authorisations that are the subject of the tender.

    (2) The limit specified in subsection (1)(a) may be exceeded if the size and shape of the part of the specified coastal area for the authorisations to which that tender round relates make it impractical to comply with the limitation.

108 Governance entity treated as having made tender
  • (1) If the governance entity has a preferential right under section 106 to purchase authorisations, the governance entity must be treated as having lodged a valid tender for the authorisations, for $1 consideration, in compliance with section 158 of the Resource Management Act 1991.

    (2) The tender of the governance entity under subsection (1) must be treated as the most preferred tender by the Minister for the relevant authorisations if, in response to an offer made by public tender under Part 7 of the Resource Management Act 1991, the Minister—

    • (a) receives no tenders; or

    • (b) considers that he or she would reject every tender received.

109 Exercise of powers, functions, and duties
  • Except as provided, nothing in this subpart affects the powers, functions, and duties of the Minister under Part 7 of the Resource Management Act 1991.

110 Rights not affected
  • Except as expressly provided in this subpart, the provisions of this subpart do not affect the lawful rights or interests of a person who is not a party to the deed of settlement.

111 Limitation of rights
  • Except as expressly provided in this subpart,—

    • (a) the preferential right provided to the governance entity under this subpart does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the specified coastal area:

    • (b) nothing in this subpart limits or affects the rights of Ngaa Rauru Kiitahi to acquire authorisations or otherwise exercise a statutory right, power, or privilege in respect of the specified coastal area.

Amendment to Resource Management Act 1991

112 Amendment to section 165R of Resource Management Act 1991
  • Amendment(s) incorporated in the Act(s).

Subpart 8Place name

113 Change of name
  • (1) The existing place name in column 1 of Schedule 13 is altered to the corresponding name in column 3 of that schedule.

    (2) The change made under subsection (1) is taken to have been made—

    • (a) with the approval of the New Zealand Geographic Board; and


Schedule 1
Cultural redress properties

ss 12, 28–34

Name of site Description Encumbrances
Nukumaru site Wellington Land District—South Taranaki District

108.1900 hectares, more or less, being Section 1 SO 339326. Part Gazette 1895 page 1249.

 

Subject to an unregistered grazing lease to David Vater Pearce and John Vater Pearce.

Subject to an unregistered grazing lease to Harvey Emerson Wilson.

Together with a right of way easement referred to in clause 10.3 of the deed of settlement.

Puau site Wellington District Land—South Taranaki District

4.4110 hectares, more or less, being Section 8 Block 1 Nukumaru Survey District. Part Proclamation 5006.

 

Subject to an informal grazing right to John Keith Belton.

Waiinu Beach site Wellington Land District—South Taranaki District

4.9133 hectares, more or less, being Section 1 SO 338218. Part Gazette Notice B059352.1 and Part Gazette Notice B059352.3.

 

Subject to an informal grazing right to David Vater Pearce and John Vater Pearce.

Bed of Lake Moumahaki Wellington Land District—South Taranaki District

34.3000 hectares, more or less, being Section 1 SO 345090 Part Gazette 1865 page 266.

  
Rehu Village site Taranaki Land District—South Taranaki District

8.8010 hectares, more or less, being Sections 1 and 2 SO 338793. Part Gazette 1877 page 773, Part Gazette 1935 page 627, and Part Gazette 1951 page 1824.

 

Subject to an easement for water storage and release in favour of Trustpower Limited referred to in clause 10.8.4 of the deed of settlement.


Schedule 2
Uukaipoo sites

s 58

Wellington Land District—South Taranaki District

WaterwayNameDescription
Lake MangawhioMangawhio Lake

2944 square metres, as shown marked A on SO 345792.

Waitotara RiverTapuarau

1.00 hectare, as shown marked A, B, and C on SO 339072.


Schedule 3
Statutory areas for statutory acknowledgements

ss 12, 40, 48

Part 1
Statutory areas for which statutory acknowledgement only provided

Area Description
Nukumaru Recreation Reserve Wellington Land District
As shown on SO 314760.
Ototoka Scenic Reserve Wellington Land District
As shown on SO 314764.
Coastal Marine Area adjoining the Ngaa Rauru Kiitahi area of interest Wellington Land District
As shown on SO 314770.

Part 2
Statutory areas for which both deed of recognition and statutory acknowledgement provided

Area Description
Hawkens Lagoon Conservation Area (to be renamed Tapuarau Conservation Area) Wellington Land District
As shown on SO 314758.
Lake Beds Conservation Area Wellington Land District
As shown on SO 314762.
Patea River Taranaki Land District
As shown on SO 314766.
Whenuakura River Taranaki Land District and Wellington Land District
As shown on SO 314767.
Waitotara River Taranaki Land District and Wellington Land District
As shown on SO 314768.

Schedule 4
Statutory acknowledgement for Nukumaru Recreation Reserve

s 40

Statutory area

The area to which this statutory acknowledgement applies is the area known as Nukumaru Recreation Reserve, the general location of which is indicated on SO 314760.

Preamble

Under section 40, the Crown acknowledges the statement by Ngaa Rauru Kiitahi of the cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with the Nukumaru Recreation Reserve as set out below.

Cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with statutory area

Waikaramihi is the name given to the marae tawhito that is situated within the Nukumaru Recreation Reserve, on the coast between Waiinu and Tuaropaki. Ngaa Rauru Kiitahi traditionally camped at Waikaramihi from October to March each year. The main food gathering area was between the Waitotara river mouth and Tuaropaki. The sources of food include kakahi (fresh water mussels), sea mussels, kina, paua, papaka (crabs), karingo (seaweed), and very small octopus stranded in the small rock pools from the receding tides. While Ngaati Maika and Ngaati Ruaiti were the main hapuu that used Waikaramihi, all Ngaa Rauru Kiitahi hapuu traditionally gathered kai moana in accordance with the values of Ngaa Raurutanga.

The Karewaonui canoe (over 100 years old) was until 1987 housed at Waikaramihi and was used by Ngaa Rauru Kiitahi (mainly Ngaati Maika and Ngaati Ruaiti) to catch stingray, shark, snapper, and hapuka about 10 miles off the coast. Karakia were used when Karewaonui was put to sea, and an offering of the first fish caught on Karewaonui was always given to the Kaitiaki-o-te-moana.

The area is still significant to Ngaa Rauru Kiitahi as a mahinga kai source from which the physical well-being of Ngaa Rauru Kiitahi is sustained, and the spiritual well-being nourished.


Schedule 5
Statutory acknowledgement for Coastal Marine Area adjoining Ngaa Rauru Kiitahi area of interest

s 40

Statutory area

The area to which this statutory acknowledgement applies is the area known as the Coastal Marine Area adjoining the Ngaa Rauru Kiitahi area of interest, the general location of which is indicated on SO 314770.

Preamble

Under section 40, the Crown acknowledges the statement by Ngaa Rauru Kiitahi of the cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with the Coastal Marine Area adjoining the Ngaa Rauru Kiitahi area of interest as set out below.

Cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with statutory area

Within this coastal area between Rangitaawhi and Wai-o-Turi Marae is Te Kiri o Rauru, the skin of Rauru. Te Kiri o Rauru is an important life force that has contributed to the physical and spiritual well-being of Ngaa Rauru Kiitahi.

Ngaa Rauru Kiitahi used the entire coastal area from Te Awanui o Taikehu (Patea River) to the mouth of the Whanganui River and inland for food gathering, and as a means of transport. The coastal area was a rich source of all kai moana. Ngaa Rauru Kiitahi exercised the values of Ngaa Raurutanga in both harvesting and conserving kai moana.

Ngaati Hine Waiata, and Ngaati Tai hapuu of the Waipipi (Waverley) area gathered food according to the values of Ngaa Raurutanga and kawa along the coast from the Patea River to Waipipi. Along the wider coastal area Rangitaawhi, Pukorokoro, Ngaati Hine, Kairakau, Ngaati Maika, and Manaia hapuu of the Patea area gathered food according to the values of Ngaa Raurutanga and kawa.

Ngaa Ariki, Ngaati Hou Tipua, Ngaati Pourua, Ngaati Hine Waiatarua, Ngaati Ruaiti, and Ngaati Maika gathered food according to the values of Ngaa Raurutanga and kawa along the coast from Waipipi to Mowhanau and the Kai Iwi stream.

Tamareheroto (Ngaati Pukeko and Ngaati Iti) exercised food gathering according to the values of Ngaa Raurutanga and kawa along the coast from the Okehu stream to the mouth of the Whanganui River, including from the fishing station of Kaihau a Kupe (at the mouth of the Whanganui River). Ngaa Kaainga at Kaihau a Kupe included Kaihokahoka (ki tai), Kokohuia (swampy area at Castlecliff), Te Whare Kakaho (Wordsworth St area), Pungarehu/Te Ahi Tuatini (Cobham bridge), Te Oneheke (between Karamu stream and Churton Creek), Patupuhou, Nukuiro, and Kaierau (St Johns Hill).

There are many sites of cultural, historical, and spiritual significance to Ngaa Rauru Kiitahi along the coastal area from the Patea River to the mouth of the Whanganui River. Important kaainga are situated along this coastal area. These include Tihoi Paa (where Te Rauparaha rested), which is situated between Rangitaawhi and the mouth of the Whenuakura River, Poopoia (Te kaainga a Aokehu), and Te Wai o Mahuku (near Te Ihonga). This coastal area includes outlets of streams and rivers that nourish and sustain Ngaa Rauru Kiitahi, such as Waipipi, Waiinu, Tapuarau Lagoon, the Ototoka Stream, the Okehu Stream, and the Kai Iwi Stream. Other areas of special significance to Ngaa Rauru Kiitahi include Taipake Tuturu, Tutaramoana (he kaitiaki moana), Tuaropaki, and Waikaramihi Marae along the coast from Tuaropaki.


Schedule 6
Statutory acknowledgement for Hawkens Lagoon Conservation Area

s 40

Statutory area

The area to which this statutory acknowledgement applies is the area known as Hawkens Lagoon Conservation Area, the general location of which is indicated on SO 314758.

Preamble

Under section 40, the Crown acknowledges the statement by Ngaa Rauru Kiitahi of the cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with the Hawkens Lagoon Conservation Area as set out below.

Cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with statutory area

Tapuarau is the name given to the area at the mouth of the Waitotara River within the Tapuarau Conservation Area. The main hapuu of Ngaa Rauru Kiitahi that used Tapuarau included Ngaati Hine Waiatarua, Ngaati Hou Tipua, Ngaa Ariki, and Ngaati Ruaiti. Ngaa Rauru Kiitahi has used Tapuarau as a seasonal campsite from where it has gathered mahinga kai in accordance with the values of Ngaa Raurutanga. Tapuarau extends from the mouth of the Waitotara River to Pukeone and includes several small lagoons, including Tapuarau Lagoon, which are the source of tuna, flounder, mullet, whitebait, and inanga. During flooding, Ngaa Rauru Kiitahi was able to take tuna as it attempted to migrate from the nearby lagoons to the river mouth. The old marae named Hauriri was also situated in this area.

The area is still significant to Ngaa Rauru Kiitahi as a mahinga kai source from which the physical well-being of Ngaa Rauru Kiitahi is sustained, and the spiritual well-being is nourished.


Schedule 7
Statutory acknowledgement for Lake Beds Conservation Area

s 40

Statutory area

The area to which this statutory acknowledgement applies is the area known as Lake Beds Conservation Area, the general location of which is indicated on SO 314762.

Preamble

Under section 40, the Crown acknowledges the statement by Ngaa Rauru Kiitahi of the cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with the Lake Beds Conservation Area as set out below.

Cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with statutory area

The Lake Beds Conservation Area is located within the Moumahaki Lakes catchment area, and is situated inland above Kohi. These lakes and the surrounding area have great cultural significance for the Ngaa Rauru Kiitahi hapuu, predominantly Ngaa Ariki.

These lakes were the main food source for those hapuu.

Temporary kaainga and tuna weir were dotted along some of the lakes. Other food gathered from the lakes included kakahi and koura.

Special varieties of flaxes from around the lakes were used to make tuna traps and clothing.


Schedule 8
Statutory acknowledgement for Ototoka Scenic Reserve

s 40

Statutory area

The area to which this statutory acknowledgement applies is the area known as Ototoka Scenic Reserve, the general location of which is indicated on SO 314764.

Preamble

Under section 40, the Crown acknowledges the statement by Ngaa Rauru Kiitahi of the cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with the Ototoka Scenic Reserve as set out below.

Cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with statutory area

The Ototoka Scenic Reserve is adjacent to Pakaraka Marae. The Reserve and its surrounding area are of great cultural significance for the Ngaa Rauru Kiitahi hapuu of Ngaati Maika and Ngaati Ruaiti.

The name Ototoka refers to the abundance of shellrock and sands from its puna to Matangitonga (the mouth of the river) at Te Kiri o Rauru. In ancient times the local people built caves for shelter and to store food that sustained Ngaa Rauru Kiitahi hapuu and iwi. The caves maintained a steady temperature that made them ideal storage places. Some of these caves can still be seen today.

Ngaa Rauru Kiitahi have another significant site at Ototoka, just north of State Highway 3. This site is significant for 2 reasons: it has a kaitiaki that protects the kai, and it also bears a tohu Aitua. The kaitiaki is in the form of a tuna, and to sight or catch a tuna here will inevitably lead to the death of that Ngaa Rauru Kiitahi person.

The tohu still stands today, and it is considered that, if a Ngaa Rauru Kiitahi person sights one, they have transgressed the tikanga of Ototoka.


Schedule 9
Statutory acknowledgement for Patea River

s 40

Statutory area

The area to which this statutory acknowledgement applies the area known as Patea River, the general location of which is indicated and described on SO 314766.

Preamble

Under section 40, the Crown acknowledges the statement by Ngaa Rauru Kiitahi of the cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with the Patea River as set out below.

Cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with statutory area

Ngaa Rauru Kiitahi knows the Patea River by the name of Te Awanui o Taikehu. Te Awanui o Taikehu is the life force that has sustained all whaanau and hapuu of Ngaa Rauru Kiitahi who have resided along the banks of the Patea River, and within this area. Ngaa hapuu o Ngaa Rauru Kiitahi who settled along Te Awanui o Taikehu include Rangitaawhi, Pukorokoro, Ngaati Hine, Kairakau, Ngaati Maika I, and Manaia.

There are many paa and kaainga situated along Te Awanui o Taikehu. The Mangaehu Paa is situated near, and nourished by, Te Awanui o Taikehu. Between Te Awanui o Taikehu and the Whenuakura River (Te Aarei o Rauru) are Maipu Paa and Hawaiki Paa. Along the Patea River are Owhio, Kaiwaka, Arakirikiri, Nga-papa-tara-iwi, Tutumahoe Paa and kaainga. Further along Te Awanui o Taikehu sits Parikarangaranga, Rangitaawhi, and Wai-o-Turi Marae at the mouth of Te Awanui o Taikehu.

Wai-o-Turi Marae, which is situated above the south bank towards the mouth of Te Awanui o Taikehu, is the landing site of Turi (commander of the Aotea Waka) who came ashore to drink from the puni wai, hence the name of the marae, Wai-o-Turi.

Ngaa Rauru Kiitahi used the entire length of Te Awanui o Taikehu for food gathering. Sources of food included kakahi (fresh water mussels), tuna, whitebait, smelt, flounder, and sole. Te Awanui o Taikehu remains significant to Ngaa Rauru Kiitahi as a mahinga kai source from which the physical well-being of Ngaa Rauru Kiitahi is sustained, and the spiritual well-being nourished.


Schedule 10
Statutory acknowledgement for Whenuakura River

s 40

Statutory area

The area to which this statutory acknowledgement applies is the area known as the Whenuakura River, the general location of which is indicated and described on SO 314767.

Preamble

Under section 40, the Crown acknowledges the statement by Ngaa Rauru Kiitahi of the cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with the Whenuakura River as set out below.

Cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with statutory area

The Whenuakura River is the life force that sustained all Ngaa Rauru Kiitahi whaanau and hapuu that resided along and within its area, and is known by Ngaa Rauru Kiitahi as Te Aarei o Rauru. The area along the Whenuakura River is known to Ngaa Rauru Kiitahi as Paamatangi. One of the oldest known Ngaa Rauru Kiitahi boundaries was recited as Mai Paamatangi ki Piraunui, mai Piraunui ki Ngawaierua, mai Ngawaierua ki Paamatangi. Ngaati Hine Waiata is the main Ngaa Rauru Kiitahi hapuu of Paamatangi.

The Maipu Paa is situated near the western bank of Te Aarei o Rauru. There are many urupaa sites and wahi tapu situated along Te Aarei o Rauru. Whenuakura Marae is also located on the banks of Te Aarei o Rauru.

Ngaa Rauru Kiitahi hapuu used the entire length of Te Aarei o Rauru for food gathering. Sources of food included tuna, whitebait, smelt, flounder, and sole.

Te Aarei o Rauru remains significant to Ngaa Rauru Kiitahi not only as a source of kai that sustains its physical well-being, but also as a life force throughout the history of Paamatangi and for the people of Ngaati Hine Waiata over the generations.


Schedule 11
Statutory acknowledgement for Waitotara River

s 40

Statutory area

The area to which this statutory acknowledgement applies is the area known as the Waitotara River, the general location of which is indicated and described on SO 314768.

Preamble

Under section 40, the Crown acknowledges the statement by Ngaa Rauru Kiitahi of the cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with the Waitotara River as set out below.

Cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with statutory area

The Waitotara River is the life force that sustains Ngaa Rauru Kiitahi. Many Ngaa Rauru Kiitahi hapuu are located either along or near the Waitotara River. These include Ngaa Ariki (Waipapa Marae), Ngaati Pourua (Takirau Marae), Ngaati Hine Waiatarua (Parehungahunga Marae), Te Ihupuku Marae, and Ngaati Hou Tipua (Whare Tapapa, Kaipo Marae). Ngaati Hou Tipua (Whare Tapapa, Kaipo Marae) is known by Ngaa Rauru Kiitahi as Te Pu-o-te-Wheke (head of the octopus), or the Ngaa Rauru Kiitahi headquarters.

Ngaa Rauru Kiitahi used the entire length of the Waitotara River for food gathering. Sources of food included kakahi (fresh water mussels), tuna, whitebait, smelt, flounder, and sole. Historically, Ngaa Rauru Kiitahi also utilised the Waitotara River as a means of transport.

The Waitotara River remains significant to Ngaa Rauru Kiitahi as a symbol of a past mahinga kai source from which the physical well-being of Ngaa Rauru Kiitahi was sustained, and the spiritual well-being nourished.


Schedule 12
Toopuni site

ss 85, 86

Description of site

The site to which this schedule applies is the site known as Lake Beds Conservation Area, as shown marked pink on SO 314762.

Statement of Ngaa Rauru Kiitahi values relating to Toopuni

Rauru of the gods, sky, lands, and seas

Ngaa Rauru Kiitahi emanated from the cosmogenic tree of the gods. It came by way of the legion of spirits who were not seen but heard, down through the generations of the Kaahui Rere and the genealogies of the immediate assembly of elders. In this respect, Rauru is a progeny of both divine and human parentage and, therefore, so is Ngaa Rauru Kiitahi.

This divine origin is particular to the sacred, mystical, and theological insight of the people of Ngaa Rauru Kiitahi. The esoteric nature of these claims is expressed through their own pertinent whakapapa link. It is through a knowledge and awareness of this whakapapa that one is able to gain a perception of the attitudes of the tribe towards the almighty powers of the celestial realm, the cosmic emanations of the divine beginning, the world and its creation, and the evolution of earth and its people.

Ngaa Rauru Kiitahi makes a direct acclamation by stating its origins from the period of the Absolute Void to Rangi and Papa, to Rauru the man, and Ngaa Rauru Kiitahi the tribe. This claim draws together the spiritual and temporal manifestations of which Rauru is the central figure, it deals specifically with the origins of: the gods, man, vegetation, and taonga.

Ngaa Rauru Kiitahi has a spiritual and physical relationship through whakapapa to its taonga. It is espoused within mana atua, mana whenua, and mana tangata. These taonga encompass the expanses of Ranginui (sky), the vastness of Tangaroa (sea), and the immensity of Papa-tua-nuku (land), from the Te Awa nui o Taikehu Patea River inland to the Matemateaonga Ranges, seaward to the river mouth of Whanganui to our furthermost fishing boundaries to the south, Te Moana o Raukawa, and across the western horizon then back inland to Te Awa nui a Taikehu Patea.

Ngaa Raurutanga has been exercised in relation to Toopuni. These values have been practised in the following ways:

Te reo:Waiata and koorero relating to Toopuni are preserved in te reo.
Wairuatanga:The relationship between Ngaa Rauru Kiitahi and Toopuni is expressed in waiata, koorero, and karakia. Karakia, in particular, have always been used when harvesting kai. Wairua impacts upon the way in which individuals conduct themselves around kai, the harvesting of kai and the tikanga around the eating of kai.
Maatauranga:Maatauranga was passed on from one generation to another through karakia, waananga, and mihimihi. The knowledge that has been passed on includes the history of Toopuni and conservation methods exercised by Ngaa Rauru Kiitahi as kaitiaki of Toopuni.
Kaitiakitanga:Kaitiakitanga has been continuously practised through sustainable land and resource management methods. It was the responsibility of the hapuu to harvest only enough kai to sustain their own, and other Ngaa Rauru Kiitahi hapuu, and ensure the ongoing health and sustainability of Toopuni.
Waiora:Waiora manifests itself in individuals through the practice of te reo, wairuatanga, maatauranga, and kaitiakitanga, and in the fulfilment of an individual’s responsibilities in relation to both Toopuni and to all of Ngaa Rauru Kiitahi.
Whakapapa:The relationship with Toopuni has been fostered through individuals’ knowledge of the use and occupation of Toopuni that has been passed on throughout the generations.

Cultural, spiritual, historical, and traditional association of Ngaa Rauru Kiitahi with statutory area

The Lake Beds Conservation Area is located within the Moumahaki Lakes catchment area, and is situated inland above Kohi. These lakes and the surrounding area have great cultural significance for the Ngaa Rauru Kiitahi hapuu of Ngaa Ariki.

These lakes were the main food source for those hapuu.

Temporary kaainga and tuna weir were dotted along some of the lakes. Other food gathered from the lakes included kakahi and koura.

Special varieties of flaxes from around the lakes were used to make tuna traps and clothing.


Schedule 13
Place name

s 113

Name to be altered

Existing place nameLocationNew name
Hawkens LagoonInfomap 260-R22 GR 536502Tapuarau Lagoon


Reprints notes
1 General
  • This is a reprint of the Ngaa Rauru Kiitahi Claims Settlement Act 2005 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint
  • Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8

    Treaty of Waitangi Amendment Act 2008 (2008 No 34): section 7

    Protected Objects Amendment Act 2006 (2006 No 37): section 35