Ngāti Whātua Ōrākei Claims Settlement Act 2012

Reprint as at 1 August 2014

Ngāti Whātua Ōrākei Claims Settlement Act 2012

Public Act2012 No 91
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

4 Act binds the Crown

5 Outline

6 Text of acknowledgements

7 Text of apology

8 Timing of actions or matters

Interpretation

9 Interpretation of Act generally

10 Interpretation

11 Meaning of Ngāti Whātua Ōrākei

12 Meaning of historical claims

Settlement of historical claims

13 Settlement of section 12(2) and (3)(a) to (c) historical claims final

13A Settlement of section 12(3)(d) historical claims

14 Amendment to Treaty of Waitangi Act 1975

Protections no longer apply

15 Certain enactments do not apply

16 Removal of memorials

Other matters

17 Trustee to negotiate outstanding claims of Ngāti Whātua Ōrākei

18 Participation in certain Waitangi Tribunal matters unaffected

19 The Crown not prevented from providing other similar redress

20 Rule against perpetuities does not apply

21 Access to deed of settlement

Part 2
Cultural redress

Subpart 1Protocols

22 Authority to issue, amend, or cancel protocols

23 Protocols subject to rights, functions, and obligations

24 Enforceability of protocols

25 Limitation of rights

26 Noting of conservation protocol

27 Noting of Crown minerals protocol

Subpart 2Statutory acknowledgement

28 Interpretation

29 Statutory acknowledgement by the Crown

30 Purposes of statutory acknowledgement

31 Auckland Council to have regard to statutory acknowledgement

32 Environment Court to have regard to statutory acknowledgement

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

34 Recording statutory acknowledgement on statutory plans

35 Provision of resource consent applications to trustee

36 Use of statutory acknowledgement

37 Trustee may waive rights

38 Exercise of powers and performance of duties and functions

39 Rights not affected

40 Limitation of rights

41 Amendment to Resource Management Act 1991

Subpart 3Vesting of Pourewa Creek site

42 Vesting of Pourewa Creek site

43 Pourewa Creek site must remain vested in trustee

44 Pourewa Creek site vests subject to or together with encumbrances

45 Application of certain enactments to vesting

46 Administration of Pourewa Creek Recreation Reserve and application of Reserves Act 1977

47 Pourewa Creek Recreation Reserve not Crown protected area

48 Registration of ownership and recording of application of enactments

Subpart 4Assignment of official geographic name to Pourewa Creek

49 Interpretation

50 Official geographic name assigned to Pourewa Creek

51 Publication of new name

52 Alteration of new name

Part 3
Commercial redress

53 The Crown may transfer commercial properties

54 Narrow Neck property reserve status revoked

55 Hauraki Gulf Marine Park Act 2000 amended (to remove Narrow Neck property from its jurisdiction)

56 Registrar-General to create computer freehold register

57 Application of other enactments

58 Certificate to accompany certain instruments for registration

Part 4
Ōrākei Block

59 Interpretation

Vesting and status of hapū land

60 Vesting and status of hapū land

61 Hapū reservation

Duties and powers of trustee in relation to hapū land and pūtea

62 Trustee duties and powers in respect of hapū land and pūtea

63 Permissible dealings with hapū land and pūtea that is land

64 Prohibited dealings with hapū land

Naming of whenua rangatira

65 Naming of whenua rangatira

Ngāti Whātua Ōrākei Reserves Board

66 Ngāti Whātua Ōrākei Reserves Board

Duties and powers of Reserves Board in relation to whenua rangatira

67 Duties and powers of Reserves Board in relation to whenua rangatira

68 Power to grant leases and licences

Costs of managing whenua rangatira

69 Costs of management of whenua rangatira

Miscellaneous matters

70 Stopped roads to vest in trustee

71 Application of Resource Management Act 1991

72 Exemption from payment of rates and other charges

73 No reserves contribution to be required on subdivision

74 Exemption from payment of land tax

75 Registrars to give effect to provisions of this Part

Regulations

76 Regulations

Part 5
Transitional provisions, consequential amendments, etc

Subpart 1Governance entities

77 Interpretation

Dissolution of Statutory Trust Board

78 Dissolution of Statutory Trust Board

79 Vesting of assets and liabilities of Statutory Trust Board

80 Final report of Statutory Trust Board

Dissolution of Charitable Trust Board

81 Dissolution of Charitable Trust Board

82 Vesting of assets and liabilities of Charitable Trust Board

83 Assets and liabilities of subsidiaries freed of charitable purposes

General matters relating to dissolution of Statutory Trust Board and Charitable Trust Board

84 Matters not affected by transfer

85 Status of contracts and other instruments

86 Status of existing securities

87 Books and documents to remain evidence

88 Registers

Employees of Statutory Trust Board and Charitable Trust Board

89 Transfer of employees

90 Protection of terms and conditions of employment

91 Continuity of employment

92 No compensation for technical redundancy

Reserves Board

93 Reserves Board

Subpart 2Transitional taxation provisions

94 Application of this subpart

Statutory Trust Board

95 Taxation in respect of transfer of assets and liabilities of Statutory Trust Board

Charitable Trust Board

96 Taxation in respect of transfer of assets and liabilities of Charitable Trust Board

Election by trustee to be Maori authority

97 Election by trustee to be Maori authority

Subsidiaries

98 Taxation in respect of assets and liabilities of subsidiaries

99 Election by subsidiary to be Maori authority

Subpart 3Repeal of Orakei Act 1991 and consequential amendments to other enactments

100 Orakei Act 1991 repealed

101 Consequential amendments to other enactments

Schedule 1
Pourewa Creek site: Land description

Schedule 2
Narrow Neck property: Land description

Schedule 3
Ōrākei Block: Hapū land description

Schedule 4
Ngāti Whātua Ōrākei Reserves Board

Schedule 5
Consequential amendments to other enactments

Reprint notes


The Parliament of New Zealand enacts as follows: