Te Arawa Lakes Settlement Act 2006

Reprint as at 20 May 2014

Te Arawa Lakes Settlement Act 2006

Public Act2006 No 43
Date of assent25 September 2006
Commencementsee section 2

Note

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

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

This Act is administered by the Ministry of Justice.


Contents

1 Title

2 Commencement

Part 1
Purpose of Act, acknowledgements and apology, interpretation provisions, settlement of claims, and miscellaneous matters

Subpart 1Purpose of Act and acknowledgements and apology of the Crown to Te Arawa

3 Purpose

4 Act to bind the Crown

5 Outline

6 Acknowledgements and apology

7 Text of acknowledgements

8 Text of apology in Māori: he kupu pouri

9 Text of apology in English

Subpart 2Interpretation matters

10 Interpretation of Act generally

11 Interpretation

12 Meaning of Te Arawa

13 Meaning of Te Arawa lakes historical claims

14 Meaning of Te Arawa lakes remaining annuity issues

Subpart 3Settlement of claims

Jurisdiction of courts, etc, removed

15 Settlement of Te Arawa lakes claims final

Treaty of Waitangi Act 1975 amended

[Repealed]

16 Jurisdiction of Tribunal to consider claims [Repealed]

Subpart 4Miscellaneous matters

Perpetuities

17 Rule against perpetuities does not apply

Other Acts

18 Application of other Acts

Date when actions or matters occur or take effect

19 Timing of actions or matters

Part 2
Cultural redress: Vesting of Te Arawa lakebeds

Subpart 1Revocation and vesting provisions, and definition of boundaries

Revocations

20 Appointment revoked

21 Reserve status revoked

22 Status of conservation areas

Vesting of Te Arawa lakebeds

23 Te Arawa lakebeds vest in Te Arawa

Rights and obligations of ownership

24 Freehold estate in lakebeds inalienable

Limitations on rights and obligations

25 No rights to water or aquatic life

26 Limits to obligations for weeds attached to lakebeds

27 Limits of liability for contamination

Other Acts

28 Application of other Acts under this Part

Registration

29 Registration of ownership

Boundaries

30 Boundaries relating to Te Arawa lakebeds

Subpart 2Existing and new activities and structures

Navigation

31 Common law right of navigation

Recreational activities

32 Recreational activities

Existing structures

33 Existing structures on Te Arawa lakebeds

34 Matters relevant to existing structures

35 Liability

Existing commercial activities

36 Existing commercial activities

Public utilities

37 Meaning of public utility

38 Rights for public utilities without authorisation

39 Public utilities with authorisation

40 Limits to rights applying to certain public utilities

New commercial activities and new structures

41 New commercial activities and new structures require written consent of Trustees

Limits as to effect of this Part

42 Authorisations not affected

43 Limits as to consent required

Status of lakebeds under Local Government (Rating) Act 2002

44 Non-rateable status

45 Liability for rates

46 Liability of public utility authority for rates assessed

Part 3
Other cultural redress

Subpart 1Rotorua Lakes Strategy Group

47 Interpretation

Establishment

48 Establishment of Group

Purpose

49 Purpose of Group

Procedures

50 Procedures of Group

Other Acts

51 Application of other Acts under this subpart

Subpart 2Protocols

General provisions

52 Authority to issue, amend, or cancel protocols

53 Protocols subject to rights, functions, and obligations

54 Enforceability of protocols

DOC protocol

55 Noting and effect of DOC protocol

Fisheries protocol

56 Noting and effect of fisheries protocol

Protected New Zealand objects protocol

57 Effect of protected New Zealand objects protocol

Environment protocol

58 Effect of environment protocol

Subpart 3Statutory acknowledgement

59 Interpretation

60 Statutory acknowledgement by the Crown

61 Purposes of statutory acknowledgement

62 Relevant consent authorities must have regard to statutory acknowledgement

63 Environment Court must have regard to statutory acknowledgement

64 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement

65 Recording of statutory acknowledgement on statutory plans

66 Distribution of resource consent applications to Trustees

67 Use of statutory acknowledgement

General provisions relating to statutory acknowledgement

68 Exercise of powers, duties, and functions not affected

69 Statutory acknowledgement not exclusive

Amendment to Resource Management Act 1991

70 Amendment to Resource Management Act 1991

Subpart 4Place names

71 Change of existing place names (if any)

Subpart 5Fisheries redress

72 Interpretation

73 Commercial fishing not permitted

Regulations

74 Regulations in respect of included species

Commercial fishing

75 Process for permitting commercial fishing of included species

Relationship with other regulations

76 Relationship between regulations made under section 74 and other regulations

Bylaws

77 Bylaws

78 Procedure for making bylaws

79 Ministerial approval of bylaws

Part 4
Miscellaneous provisions

Subpart 1Material incorporated by reference

80 Access to deed of settlement

81 Effect of amendments to material

Subpart 2Transitional provisions relating to Arawa Māori Trust Board

Dissolution and transfer provisions

82 Dissolution of Arawa Māori Trust Board

83 Transfer of assets and liabilities

Transitional taxation provision

84 Taxes and duties

Reporting requirements

85 Final report of Arawa Māori Trust Board

Other transitional matters

86 Matters not affected by transfer

87 Status of contracts and other instruments

88 Status of existing securities

89 Books and documents to remain evidence

90 Registers

Subpart 3Transitional provisions relating to employees and agents

91 Liability of employees and agents

92 Transfer of employees

93 Protection of terms and conditions of employment

94 Continuity of employment

95 No compensation for technical redundancy

Subpart 4Repealed provisions, revocation, and other consequential amendments

Repeals

96 Acts repealed

Revocation

97 Revocation

Other consequential provisions

98 Provision not to apply to Te Arawa lakebeds

99 Amendments to Acts

100 Amendments to regulations

Transitional provision

101 Transitional provision relating to Antiquities Act 1975

Schedule 1
Te Arawa lakebeds

Schedule 2
Iwi and hapū of Te Arawa

Schedule 3
Reserve sites

Schedule 4
Place names

Reprint notes


  • Preamble

    (1) Recitals (2) to (12) of this Preamble present, in summary form, the background to the Te Arawa lakes claims that is set out in Part 7 of the deed of settlement:

    Background

    (2) In 1840, lakes Ngāhewa, Ngāpouri, Ōkareka, Ōkaro, Ōkataina, Rerewhakaaitu, Rotoehu, Rotoiti, Rotomā, Rotomahana, Rotorua, Tarawera, Tikitapu, and Tutaeinanga provided food, shelter, economic resources, and primary transport routes for Te Arawa. To Te Arawa, the lakes were taonga, and their relationship with the lakes and environs was, and continues to be, the foundation of their identity, cultural integrity, wairua, tikanga, and kawa:

    (3) Between 1840 and 1880, Te Arawa played a major role in the developing tourism industry in the area, retaining a significant degree of control over access and transport to the attractions of the area. Te Arawa considered that the Crown’s initiatives such as the Fenton agreement of 1880 and the Thermal-Springs Districts Act 1881 protected and acknowledged their relationship with the lakes:

    (4) Over time, however, a number of Crown actions and omissions in relation to the lakes have caused grievance to Te Arawa:

    (5) Trout and other exotic fish were introduced into the lakes from the 1870s, seriously depleting the indigenous fisheries and forcing Te Arawa to rely increasingly on the introduced species. The introduction of a fishing licence regime in 1888 and the ongoing propagation of trout drew protests and petitions from Te Arawa in the late 19th and early 20th centuries:

    (6) In 1908, the Government legislated to address issues Te Arawa had raised regarding the depletion of indigenous fish, the introduction of fishing licence fees, and the resulting hardship experienced by some Te Arawa. The Fisheries Amendment Act 1908 provided Te Arawa with 20 fishing licences at a nominal fee. At the second reading of that Bill, Premier Ward stated that there were Māori in the thermal-springs district whose condition required natural food to be provided to them:

    (7) In 1909, following what Te Arawa regarded as a series of challenges to their customary rights to the lakes, Te Arawa decided to seek clarification from the courts as to the ownership of the lakes. The Crown disputed Te Arawa’s claim to ownership of the lakes:

    (8) In 1912, the Supreme Court upheld Te Arawa’s rights to have their claims to ownership of the lakes investigated by the Native Land Court. Te Arawa filed an application for a title investigation in 1913. Delays, including those caused by the Crown’s refusal to provide the necessary survey plan to the court, meant that the Native Land Court did not begin hearing Te Arawa’s application for title until 1918. The proceeding was adjourned after several weeks of hearing. In 1920, on the eve of the hearings being resumed, the Crown approached Te Arawa to negotiate a settlement of their respective claims to ownership of the lakes:

    (9) In 1922, Te Arawa and the Crown reached an out-of-court agreement on the ownership question. Under the agreement, Te Arawa admitted that the fee simple of the lakes was vested in the Crown. In return, the Crown admitted the rights of Te Arawa to the burial reserves in all the lakes and their ancient fishing rights. The agreement also included provision by the Crown to Te Arawa of 40 licences to fish for trout at a nominal fee, together with an annuity of £6,000:

    (10) There was no provision in the 1922 agreement for the annuity to be reviewed. The value of the annuity paid to the Arawa Māori Trust Board diminished over time, to the point where it did not make a significant contribution to the affairs of the Board:

    (11) Both before and after the 1922 agreement, the Crown and local government, acting under legislation, increasingly assumed responsibility for regulating activities, including discharges, impacting on the lakes:

    (12) From the late 19th century, native timber around the edges of Lakes Rotorua and Rotoiti was milled and vegetation cleared for farming. Later, septic tanks were installed. These developments resulted in an increased nutrient load flowing into the lakes. Excess nitrogen and phosphorus led to the growth of blue-green algae in the lakes. Te Arawa state that environmental degradation of the lakes has affected the mana and wairua of the lakes for Te Arawa:

    Treaty of Waitangi claim and settlement negotiations

    (13) The Arawa Māori Trust Board, on behalf of Te Arawa, registered a claim (Wai 240) in relation to the annuity issue and other lakes-related grievances with the Waitangi Tribunal in April 1987, after the legislation was amended to allow the hearing of claims dating back to 1840:

    (14) In 1989, the Arawa Māori Trust Board entered into preliminary discussions about direct negotiations with the Crown to settle Te Arawa’s claims. In September 1997 the Crown agreed to negotiate Te Arawa’s lakes claims separately from their other historical claims:

    (15) In December 1998, the Crown recognised the mandate of the Arawa Māori Trust Board to represent Te Arawa in negotiations for a settlement with the Crown. Terms of negotiation specifying the scope, objectives, and general procedures for negotiations were signed by the negotiators appointed to represent the Board in March 1999:

    (16) In May 2001, the Crown made an offer to the Arawa Māori Trust Board in settlement of Te Arawa’s historical Treaty grievances in relation to the Te Arawa lakes. The Crown’s offer was rejected by the Board:

    (17) New terms of negotiation were signed by the Crown and the Arawa Māori Trust Board in July 2001. At that time the parties agreed that the settlement would address both Te Arawa’s historical Treaty grievances in relation to the lakes and any remaining annuity issues. In December 2003 the Crown made a second settlement offer to the Board. The Board accepted the offer in principle:

    (18) The Crown and the Arawa Māori Trust Board initialled a draft deed of settlement on 15 October 2004. Te Arawa ratified the Crown’s settlement offer and entered into a deed of settlement on 18 December 2004. The deed records the matters that give effect to the final settlement of all Te Arawa’s historical lakes claims and remaining annuity issues:

    Te Arawa Lakes Trust

    (19) On 11 July 2005, Te Arawa ratified a proposal to set up a new governance arrangement to succeed to the Arawa Māori Trust Board. Te Arawa chose to establish a private trust administered by trustees as the replacement governance structure. The Te Arawa Lakes Trust was established by trust deed dated 22 August 2005 and signed by the following persons, who, as the members of the Arawa Māori Trust Board holding office at the date of the trust deed, are the initial trustees of the Te Arawa Lakes Trust:

    Andrew Wharehuia RangiheueaHare Wiremu
    Poiti Arama Karaka PirikaPenengaru Delaney-Moke
    Donald BennettWilliam Emery
    Cathy DewesRuka Hughes
    Samuel HahungaJoseph Malcolm
    Putu MihakaNiwa Nuri
    Wiari RauhinaGeorge Rehu
    James SchusterKaiawhiti Tahana
    Tiakiawa TahuriorangiPetera Tapsell.