Reprint as at 26 March 2015

Ngāti Manuhiri Claims Settlement Act 2012

Public Act2012 No 90
Date of assent19 November 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
Preliminary provisions and settlement of historical claims

3 Purpose of Act

4 Provisions take effect on settlement date

5 Act binds the Crown

6 Outline

Acknowledgements and apology of the Crown

7 Acknowledgements and apology

8 Text of acknowledgements

9 Text of apology

Interpretation

10 Interpretation of Act generally

11 Interpretation

12 Meaning of Ngāti Manuhiri

13 Meaning of historical claims

Settlement of historical claims

14 Settlement of historical claims final

15 Amendment to Treaty of Waitangi Act 1975

Protections no longer apply

16 Certain enactments do not apply

17 Removal of memorials

Other matters

18 Rule against perpetuities does not apply

19 Access to deed of settlement

Part 2
Cultural redress

Subpart 1Protocols

General provisions

20 Issue, amendment, and cancellation of protocols

21 Protocols subject to rights, functions, and obligations

22 Enforceability of protocols

23 Limitation of rights

Noting of conservation and Crown minerals protocols

24 Noting of conservation protocol

25 Noting of Crown minerals protocol

Subpart 2Statutory acknowledgement and deed of recognition

Statutory acknowledgement

26 Interpretation

27 Statutory acknowledgement by the Crown

28 Purposes of statutory acknowledgement

29 Relevant consent authorities to have regard to statutory acknowledgement

30 Environment Court to have regard to statutory acknowledgement

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

32 Recording statutory acknowledgement on statutory plans

33 Provision of summaries or notices of certain applications to trustees

34 Use of statutory acknowledgement

35 Trustees may waive rights

36 Application to river or stream

Deed of recognition

37 Issue and amendment of deed of recognition

General provisions

38 Exercise of powers and performance of functions and duties

39 Rights not affected

40 Limitation of rights

41 Amendment to Resource Management Act 1991

Subpart 3Whenua rāhui

42 Interpretation

43 Declaration of whenua rāhui

44 Acknowledgement by the Crown of statement of Ngāti Manuhiri values

45 Purposes of whenua rāhui

46 Agreement on protection principles

47 New Zealand Conservation Authority and Conservation Boards to have particular regard to certain matters

48 New Zealand Conservation Authority and Conservation Boards to consult trustees

49 Conservation management strategy

50 Noting of whenua rāhui

51 Notification in Gazette

52 Actions by Director-General

53 Amendment to strategy or plan

54 Regulations

55 Bylaws

56 Existing classification of whenua rāhui sites

57 Termination of whenua rāhui

58 Exercise of powers and performance of functions and duties

59 Rights not affected

60 Limitation of rights

Subpart 4Vesting of cultural redress properties

61 Interpretation

62 Mount Tamahunga summit site

63 Leigh Recreation Reserve site

64 Pākiri Domain Recreation Reserve site

65 Pākiri Block conservation area

66 Pākiri riverbed site

67 Te Maraeroa

Subpart 5General provisions relating to vesting of cultural redress properties

General provisions

68 Properties vest subject to, or together with, interests

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 Act

72 Application of other enactments

Provisions relating to reserve sites

73 Application of Reserves Act 1977 to reserve sites

74 Subsequent transfer of reserve site

75 No mortgage of reserve land

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

77 Names of Crown protected areas and reserve sites

Subpart 6Geographic names

78 Interpretation

79 New names of features

80 Publication of new names

81 Alteration of new names

82 Name changes for Crown protected areas

Subpart 7Vesting and gifting back of Te Hauturu-o-Toi / Little Barrier Island gift area

83 Vesting and gifting back of area

Subpart 8Co-governance of Te Hauturu-o-Toi / Little Barrier Island gift area

84 Interpretation

85 Process for preparation and approval of Hauturu plan

86 Preparation of draft plan

87 Notification of draft plan

88 Submissions on draft plan

89 Hearing of submissions

90 Revision of draft plan

91 Referral of draft plan to Conservation Authority and Minister

92 Approval of draft plan

93 Referral of disagreement to Conservation Authority

94 Mediation of disagreement

95 Review of Hauturu plan

96 Amendment of Hauturu plan

97 Involvement of other iwi

Subpart 9Removal of stones from Te Hauturu-o-Toi / Little Barrier Island gift area for cultural purposes

98 Interpretation

99 Stones may be removed with written authorisation

100 Conditions of removing stones

101 Disputes

Part 3
Commercial redress

Subpart 1Transfer of commercial redress properties

102 The Crown may transfer properties

103 Registrar-General to create computer freehold register

104 Application of other enactments

Subpart 2Licensed land

105 Licensed land ceases to be Crown forest land

106 Trustees confirmed beneficiaries and licensors in relation to licensed land

Subpart 3Right of access to protected sites

107 Interpretation

108 Right of access to protected site

109 Right of access subject to Crown forestry licence

110 Notation on computer freehold register

Subpart 4Right of first refusal in relation to RFR land

Interpretation

111 Interpretation

112 Meaning of RFR land

113 Specified RFR property may cease to be RFR land

Restrictions on disposal of RFR land

114 Restrictions on disposal of RFR land

Trustees’ right of first refusal

115 Requirements for offer

116 Expiry date of offer

117 Withdrawal of offer

118 Acceptance of offer

119 Formation of contract

Disposals to others where land remains RFR land

120 Disposals to the Crown or Crown bodies

121 Disposals of existing public works to local authorities

122 Disposals of reserves to administering bodies

Disposals to others where land may cease to be RFR land

123 Disposals in accordance with enactment or rule of law

124 Disposals in accordance with legal or equitable obligation

125 Disposals by the Crown under certain legislation

126 Disposals of land held for public works

127 Disposals for reserve or conservation purposes

128 Disposals for charitable purposes

129 Disposals to tenants

130 RFR landowner’s obligations subject to other things

Notices

131 Notice of RFR land with computer register after settlement date

132 Notice to trustees of disposals of RFR land to others

133 Notice of land ceasing to be RFR land

134 Notice requirements

Memorials for RFR land

135 Recording memorials on computer registers for RFR land

136 Removal of memorials when land ceases to be RFR land

137 Removal of memorials when RFR period ends

General provisions

138 Waiver and variation

139 Disposal of Crown bodies not affected

140 Assignment of rights and obligations under this subpart

Schedule 1
Statutory areas

Schedule 2
Whenua rāhui sites

Schedule 3
Cultural redress properties

Schedule 4
Notices in relation to RFR land

Reprint notes


The Parliament of New Zealand enacts as follows: