Reprint as at 20 May 2014

Ngai Tāmanuhiri Claims Settlement Act 2012

Public Act2012 No 55
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 of Act, acknowledgements and apology of the Crown, interpretation provisions, settlement of historical claims, and miscellaneous matters

Subpart 1Purpose, acknowledgements, and apology

3 Purpose

4 Act binds the Crown

5 Outline

Acknowledgements and apology

6 Acknowledgements and apology

7 The Crown's acknowledgements

8 The Crown's apology to Ngai Tāmanuhiri

Subpart 2Interpretation

9 Interpretation of Act generally

10 Interpretation

11 Meaning of Ngai Tāmanuhiri

12 Meaning of historical claims

Subpart 3Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

13 Settlement of historical claims final

Amendment to Treaty of Waitangi Act 1975

14 Amendment to Treaty of Waitangi Act 1975

Protections no longer apply

15 Certain enactments do not apply

16 Removal of memorials

Subpart 4Miscellaneous matters

17 Rule against perpetuities does not apply

18 Timing of actions or matters

19 Access to deed of settlement

Part 2
Cultural redress

20 The Crown not prevented from providing other similar redress

Subpart 1Protocols

21 Authority to issue, amend, or cancel protocols

22 Protocols subject to rights, functions, and obligations

23 Enforcement of protocols

24 Conservation protocol

25 Crown minerals protocol

26 Fisheries protocol

27 Taonga tūturu protocol

Subpart 2Statutory acknowledgement

28 Statutory acknowledgement by the Crown

29 Purposes of statutory acknowledgement

30 Relevant consent authorities to have regard to statutory acknowledgement

31 Environment Court to have regard to statutory acknowledgement

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

33 Recording statutory acknowledgement on statutory plans

34 Provision of summaries of resource consent applications

35 Use of statutory acknowledgement

36 Application of statutory acknowledgement to river

General provisions relating to statutory acknowledgements

37 Exercise of powers and performance of duties and functions

38 Rights not affected

39 Limitation of rights

40 Amendment to Resource Management Act 1991

Subpart 3Local Leadership Body

41 Interpretation

Establishment, status, and purpose of LLB

42 Establishment and status of Local Leadership Body

43 Purpose of LLB

Appointment provisions

44 Membership of LLB

45 Initial appointments

Functions and powers

46 Functions and powers of LLB

Provisions governing members and procedures of LLB

47 Regulation of members

48 Decision making

49 Procedural matters

50 Conflict of interest

Other matters relevant to procedures of LLB

51 Continuing responsibilities of specified appointers and Council

52 Application of other Acts to LLB

Subpart 4Vesting of cultural redress properties

53 Interpretation

Site vesting in fee simple

54 Mangapoike

Site to vest and be administered as national historic reserve

55 Young Nick's Head/Te Kuri a Paoa Historic Reserve

Provisions of general application to vesting of cultural redress properties

56 Properties vest subject to, or together with, encumbrances

57 Registration of ownership

58 Application of Part 4A of Conservation Act 1987

59 Matters to be recorded on computer freehold register

60 Application of other enactments

61 Subsequent transfer of Te Kuri a Paoa/Young Nick's Head National Historic Reserve

62 Saving of bylaws, etc, in relation to reserve site

63 Authority to alter name of Young Nick's Head/Te Kuri a Paoa Historic Reserve

Subpart 5Te Wherowhero

64 Transfer of Te Wherowhero to trustees

Part 3
Commercial redress

Subpart 1Transfer of commercial redress, and deferred selection, properties

65 The Crown may transfer properties

66 Registrar-General to create computer freehold register

67 Application of other enactments

Subpart 2Licensed land

Transfer of Wharerata Forest

68 Interpretation

Transfer of fee simple estate to Wharerata Forest Limited

69 Transfer of licensed land

70 Licensed land ceases to be Crown forest land

71 Wharerata Forest Limited is confirmed beneficiary and licensor

72 Registrar-General to create computer freehold register for Wharerata Forest

73 Effect of transfer of licensed land

74 Application of other enactments

Transfer of part of Wharerata Forest

75 Transfer of part of Wharerata Forest by Wharerata Forest Limited

76 Application of other enactments

Transfer of Crown interest in Wharerata Forest

77 Transfer of Crown interest

Limited jurisdiction of Waitangi Tribunal in respect of Wharerata Forest

78 Reference of certain matters to Waitangi Tribunal for mediation

79 Jurisdiction of Waitangi Tribunal to make findings and recommendations

80 Modifications to jurisdiction of Waitangi Tribunal

81 Obligations in event of interim recommendation of Waitangi Tribunal

Subpart 3Access to protected sites

82 Meaning of protected site

83 Right of access to protected site

84 Right of access subject to Crown forestry licence

85 Notation of right of access over licensed land transferred on settlement date

Subpart 4Right of first refusal in relation to RFR land

86 Interpretation

87 Meaning of RFR land

Restrictions on disposal of RFR land

88 Restrictions on disposal of RFR land

Trustees' right of first refusal

89 Requirements for offer

90 Expiry date of offer

91 Withdrawal of offer

92 Acceptance of offer

93 Formation of contract

Disposals if land remains RFR land

94 Disposal to the Crown or Crown body

95 Disposal of existing public works to local authority

96 Disposal of reserves to administering body

Disposals if land may cease to be RFR land

97 Disposal in accordance with enactment or rule of law

98 Disposal in accordance with legal or equitable obligation

99 Disposal by the Crown under certain legislation

100 Disposal of land held for public works

101 Disposal for reserve or conservation purposes

102 Disposal for charitable purposes

103 Disposal to tenants

RFR landowner obligations

104 RFR landowner’s obligations under this subpart

Notices

105 Notice of RFR land with computer register after settlement date

106 Notice of disposals of RFR land to others

107 Notice of land ceasing to be RFR land

108 Notice requirements

Memorials for RFR land

109 Recording memorials on computer registers for RFR land

110 Removal of memorials when land to be transferred or vested

111 Removal of memorials when RFR period ends

Matters relating to implementation of RFR

112 Waiver and variation

113 Disposal of Crown bodies not affected

Part 4
Transitional matters

114 Interpretation

Assets and liabilities

115 Vesting of assets and liabilities

Transitional taxation provisions

116 Taxation provision applying to transferred assets and liabilities of TTPT trustees

117 Election by TTPT trustees to be Māori authority

118 Taxation provision applying to assets and liabilities of relevant subsidiary

119 Election by relevant subsidiary to be Māori authority

Schedule 1
Statutory areas

Schedule 2
Cultural redress

Schedule 3
Notices relating to RFR land

Reprint notes


The Parliament of New Zealand enacts as follows: