Reprint as at 20 May 2014

Ngāti Mākino Claims Settlement Act 2012

Public Act2012 No 53
Date of assent31 July 2012
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, acknowledgements, interpretation provisions, settlement of historical claims, and miscellaneous matters

Subpart 1Purpose and acknowledgements

3 Purpose

4 Act binds the Crown

5 Outline

6 The Crown's acknowledgements

Subpart 2Interpretation

7 Interpretation generally

8 Interpretation

9 Meaning of Ngāti Mākino

10 Meaning of historical claims

Subpart 3Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

11 Settlement of historical claims final

Consequential amendment to Treaty of Waitangi Act 1975

12 Amendment to Treaty of Waitangi Act 1975

Protections no longer apply

13 Certain enactments do not apply

14 Removal of memorials

Subpart 4Miscellaneous matters

Perpetuities

15 Rule against perpetuities does not apply

Timing of actions or matters

16 Timing of actions or matters

Access to deed of settlement

17 Access to deed of settlement

Part 2
Cultural redress

Subpart 1Protocols

General provisions

18 Authority to issue, amend, or cancel protocols

19 Protocol subject to rights, functions, and obligations

20 Enforceability of protocol

Taonga tūturu protocol

21 Effect of taonga tūturu protocol

Crown minerals protocol

22 Noting and effect of Crown minerals protocol

Subpart 2Statutory acknowledgement and deed of recognition

Statutory acknowledgement

23 Statutory acknowledgement by the Crown

24 Purposes of statutory acknowledgement

25 Relevant consent authorities to have regard to statutory acknowledgement

26 Environment Court to have regard to statutory acknowledgement

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

28 Recording statutory acknowledgement on statutory plans

29 Distribution of resource consent applications to trustees

30 Use of statutory acknowledgement

31 Trustees may waive rights

Deed of recognition

32 Authorisation to enter into deed of recognition

General provisions

33 Exercise or performance of powers, duties, and functions

34 Rights not affected

35 Limitation of rights

Consequential amendment to Resource Management Act 1991

36 Amendment to Resource Management Act 1991

Subpart 3Whenua rāhui

37 Interpretation

38 Declaration of whenua rāhui of Ngāti Mākino

39 The Crown's acknowledgement of Ngāti Mākino values

40 Purposes of whenua rāhui

41 Agreement on protection principles

42 Duties of New Zealand Conservation Authority and conservation boards in relation to Ngāti Mākino values and protection principles

43 New Zealand Conservation Authority and conservation boards to consult trustees

44 Opportunity to make submissions on draft conservation management strategy

45 Noting of whenua rāhui

46 Notification of actions in Gazette

47 Actions by Director-General

48 Amendment of conservation documents

49 Regulations

50 Bylaws

51 Existing classification of whenua rāhui site

52 Termination of whenua rāhui

53 Exercise of powers, functions, and duties

54 Rights not affected

55 Limitation of rights

Subpart 4The Crown not prevented from providing other similar redress

56 The Crown not prevented from providing other similar redress

Subpart 5Cultural redress properties

57 Interpretation

Site that vests in fee simple subject to easement

58 Te Kōhanga site

59 Conditions on use and management of Te Kōhanga site

60 Transfer of beehive permit

61 Application of income from Te Kōhanga site

Site that vests in fee simple subject to conservation covenant

62 Rākau ō Kauwae Hapa site

Sites that vest in fee simple to be administered as reserves

63 Lake Rotoehu Scenic Reserve site

64 Balance of Matawhāura site

65 Ngā Pōrōtai-o-Waitaha-a-Hei site

66 Rotoehu Forest Central Wānanga site

67 Easements over conservation land

Subpart 6General provisions relating to vesting of cultural redress properties

68 Properties vest subject to, or together with, encumbrances and permits

69 Registration of ownership

70 Application of Part 4A of Conservation Act 1987

71 Recording application of Part 4A of Conservation Act 1987 and sections of this Part

72 Application of other enactments

Provisions relating to reserve sites

73 Application of Reserves Act 1977 to reserve sites

74 Subsequent transfer of reserve land

75 Trustees must not mortgage reserves

76 Saving of bylaws, etc, in relation to reserve sites

Subpart 7Names of reserves and conservation areas

77 New reserve names

Subpart 8Moutoroi Pā site

78 Moutoroi Pā

Part 3
Commercial redress

Subpart 1Transfer of licensed land and Ōtamarākau School site

79 Transfer of licensed land and Ōtamarākau School site to Ngāti Mākino

80 Registrar-General to create computer freehold register for Ōtamarākau School site

81 Registrar-General to create computer freehold register for licensed land

82 Authorised person may grant covenant for later creation of computer freehold register

83 Application of other enactments

Subpart 2Licensed land

84 Licensed land ceases to be Crown forest land

85 Cancellation of protective covenant over part of Waitahanui Stream

86 Trustees confirmed beneficiaries and licensors in relation to licensed land

87 Effect of transfer of licensed land

88 Minister of Conservation may grant easements

89 Public access to licensed land

90 Public right of way easement may be granted

Subpart 3Access to protected site

91 Meaning of protected site

92 Right of access to protected site

93 Right of access subject to Crown forestry licence

94 Registrar-General must note right of access

Subpart 4Trustees’ right of first refusal in relation to RFR land

Interpretation

95 Interpretation

96 Meaning of RFR land

Restrictions on disposal of RFR land

97 Restrictions on disposal of RFR land

Trustees' right of first refusal

98 Requirements for offer

99 Expiry date of offer

100 Withdrawal of offer

101 Acceptance of offer

102 Formation of contract

Disposal if land remains RFR land

103 Disposal to the Crown or Crown bodies

104 Disposal of existing public works to local authority

105 Disposal of reserves to administering bodies

Disposal if land may cease to be RFR land

106 Disposal in accordance with enactment or rule of law

107 Disposal in accordance with legal or equitable obligation

108 Disposal by the Crown under certain legislation

109 Disposal of land held for public works

110 Disposals for reserve or conservation purposes

111 Disposals for charitable purposes

112 Disposals to tenants

RFR landowner's obligations

113 RFR landowner’s obligations under this subpart

Notices

114 Notice of RFR land with computer register after settlement date

115 Notice to trustees of disposal of RFR land to others

116 Notice of land ceasing to be RFR land

117 Notice requirements

Memorials for RFR land

118 Recording memorials on computer registers for RFR land

119 Removal of memorials when land to be transferred or vested

120 Removal of memorials when RFR period ends

General provisions

121 Waiver and variation

122 Disposal of Crown bodies not affected

Schedule 1
Statutory area and whenua rāhui area

Schedule 2
Cultural redress properties

Schedule 3
Moutoroi Pā

Schedule 4
Notices relating to RFR land

Reprint notes


  • Preamble

    Summary of Ngāti Mākino historical account

    (1) Ngāti Mākino are part of the Te Arawa confederation of tribes and have strong connections to Ngāti Awa. Traditionally, they occupied the area between the Rotorua lakes and the Bay of Plenty coast where they existed as an independent iwi:

    (2) Ngāti Mākino did not sign the Treaty of Waitangi, but during the 1840s and 1850s they dwelt peacefully with the few settlers in their rohe. The Crown gradually increased its presence in the Bay of Plenty from 1842 but applied little pressure on local Māori to sell their lands and customary law largely continued to prevail:

    (3) The war between the Crown and the Kīngitanga in the Waikato in 1863 brought an extended period of tension to the Bay of Plenty. The need to choose between support for the Crown, degrees of armed neutrality, and support for the Kīngitanga split Ngāti Mākino internally. At Kaokaoroa in 1864, Ngāti Mākino helped fight off a Kingite taua from the east coast. Not long afterwards, again seeking to keep hostilities from their territory, Ngāti Mākino battled Crown forces at Te Ranga, near Tauranga:

    (4) A new round of conflict began in 1865 when the Crown sought those responsible for the murders of a Crown official and others. Ngāti Mākino played no part in the killings. As a consequence of the conflict, the Crown deemed that certain tribes had been in rebellion and confiscated approximately 448 000 acres of land in the eastern Bay of Plenty under the New Zealand Settlements Act 1863. While the confiscation was not directed specifically at them, all Ngāti Mākino were affected:

    (5) The Crown established a Compensation Court to return land to those who had not been in rebellion. Ngāti Mākino were among those awarded land by the court but some Ngāti Mākino were deemed to be rebels and were excluded from ownership. The court, moreover, returned land in a form inconsistent with customary tenure:

    (6) Ngāti Mākino's tribal system was further undermined by the operation of the native land laws introduced by the Crown in the 1860s. These laws established the Native Land Court to convert customary title into individual title derived from the Crown. Customary tenure was generally communal and accommodated multiple and overlapping interests to the same land, but Ngāti Mākino had no alternative but to use the court if they wished to secure legal title to their lands and participate in the new economy. The court, however, caused so much unrest amongst Bay of Plenty iwi that the Crown was forced to suspend its operations for several years:

    (7) Ngāti Mākino preferred to lease their lands to private parties but by the mid-1880s the Crown had bought the majority of Ngāti Mākino's lands. In securing title to their lands, Ngāti Mākino incurred heavy survey costs. The Crown emphasised the size of survey debts and wrongly let Ngāti Mākino believe that interest was accruing on them. The Crown also improperly prevented Ngāti Mākino from selling land to private parties:

    (8) By 1900, Ngāti Mākino were virtually landless. Nonetheless, in the early twentieth century the Crown compulsorily acquired further Ngāti Mākino land for public works and to establish scenic reserves. Private parties continued to purchase what little land remained, including the majority of Ngāti Mākino's Ōtamarākau and Whakarewa reserves, both of which were originally awarded with inalienable titles. In the 1920s, the Crown introduced schemes to consolidate and develop fragmented Māori land holdings, but Ngāti Mākino possessed insufficient land to participate or benefit from them as Ngāti Mākino. By 1992, only 0.6% of the combined area of the 3 major blocks in which Ngāti Mākino had interests remained in the hands of the iwi:

    (9) From the 1940s, many Ngāti Mākino moved to forestry settlements looking for work to alleviate poverty and develop new skills. The Crown encouraged this migration and the forest industry became an important part of the economic well-being of Ngāti Mākino. However, the Forest Service was restructured in the 1980s, causing extensive unemployment and dislocation amongst communities who relied on the forest industry, including Ngāti Mākino:

The Parliament of New Zealand therefore enacts as follows: