Ngāti Whātua o Kaipara Claims Settlement Act 2013

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11 Interpretation
  • In this Act, unless the context otherwise requires,—

    administering body has the meaning given in section 2(1) of the Reserves Act 1977

    attachments means the attachments to the deed of settlement

    Auckland Prison Housing Block and Housing Block have the meaning given in section 82

    commercial redress property has the meaning given in section 82

    Commissioner of Crown Lands means the Commissioner of Crown Lands appointed under section 24AA of the Land Act 1948

    consent authority has the meaning given in section 2(1) of the Resource Management Act 1991

    conservation area has the meaning given in section 2(1) of the Conservation Act 1987

    conservation legislation means—

    • (b) the enactments listed in Schedule 1 of that Act

    control, for the purposes of paragraph (d) of the definition of Crown body, means,—

    • (a) for a company, control of the composition of its board of directors; and

    • (b) for another body, control of the composition of the group that would be its board of directors if the body were a company

    Crown has the meaning given in section 2(1) of the Public Finance Act 1989

    Crown body means—

    • (a) a Crown entity, as defined in section 7(1) of the Crown Entities Act 2004; and

    • (b) a State enterprise, as defined in section 2 of the State-Owned Enterprises Act 1986; and

    • (c) the New Zealand Railways Corporation; and

    • (d) a company or body that is wholly owned or controlled by 1 or more of the following:

      • (i) the Crown:

      • (ii) a Crown entity:

      • (iii) a State enterprise:

      • (iv) the New Zealand Railways Corporation; and

    • (e) a subsidiary of, or a related company to, a company or body referred to in paragraph (d)

    cultural redress property has the meaning given in section 20

    culture and heritage protocol means the protocol defined in section 72

    deed of settlement

    • (a) means the deed of settlement dated 9 September 2011 and signed by—

      • (i) the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William English, Minister of Finance, for and on behalf of the Crown; and

      • (ii) Rhys Charles Freeman, Rangimarie Naida Glavish, Margaret Anne Kawharu, Te Kahui-iti Morehu, Waata Herewini Richards, Gloria May Timoti, Haahi Rangi Walker, and Takutaimoana Wikiriwhi, trustees of Ngā Maunga Whakahii o Kaipara Development Trust, for and on behalf of Ngāti Whātua o Kaipara; and

    • (b) includes—

      • (i) the schedules and attachments to the deed; and

      • (ii) any amendments to the deed, or to its schedules and attachments

    Development Trust means the Ngā Maunga Whakahii o Kaipara Development Trust

    Director-General means the Director-General of Conservation

    documents schedule means the documents schedule of the deed of settlement

    effective date means the date that is 6 months after the settlement date

    Historic Places Trust has the meaning given to Trust in section 2 of the Historic Places Act 1993

    historical claims has the meaning given in section 13

    interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property

    LINZ means Land Information New Zealand

    local authority has the meaning given in section 5(1) of the Local Government Act 2002

    member of Ngāti Whātua o Kaipara means every individual referred to in section 12(1)(a)

    Ngā Maunga Whakahii o Kaipara Development Trust means the trust of that name established for the benefit of Ngāti Whātua o Kaipara by the Ngā Maunga Whakahii o Kaipara Development trust deed dated 4 April 2011

    Ngā Maunga Whakahii o Kaipara Tari Pupuritaonga Trust means the trust of that name established for the benefit of Ngāti Whātua o Kaipara by the Ngā Maunga Whakahii o Kaipara Tari Pupuritaonga trust deed dated 4 April 2011

    property redress schedule means the property redress schedule of the deed of settlement

    purchased non-forest commercial property has the meaning given in section 82

    purchased Riverhead Forest property has the meaning given in section 82

    regional council has the meaning given in section 2(1) of the Resource Management Act 1991

    Registrar-General means the Registrar-General of Land appointed under section 4 of the Land Transfer Act 1952

    related company has the meaning given in section 2(3) of the Companies Act 1993

    representative entity means—

    • (a) the trustees of—

      • (i) the Development Trust; and

      • (ii) the Tari Pupuritaonga Trust; and

    • (b) any person (including any trustee) acting for, or on behalf of,—

      • (ii) 1 or more of the whānau, hapū, or groups that together form the collective group referred to in section 12(1)(a); or

      • (iii) 1 or more members of Ngāti Whātua o Kaipara

    resource consent has the meaning given in section 2(1) of the Resource Management Act 1991

    RFR means the right of first refusal provided for in subpart 4 of Part 3

    RFR land has the meaning given in section 96

    settlement date means the date that is 20 working days after the date on which this Act comes into force

    statutory acknowledgement has the meaning given in section 59

    subsidiary has the meaning given in section 5 of the Companies Act 1993

    Tari Pupuritaonga Trust means Ngā Maunga Whakahii o Kaipara Tari Pupuritaonga Trust

    Te Kawenata Taiao o Ngāti Whātua o Kaipara and Te Kawenata mean the document of that name set out in part 1 of the documents schedule

    Te Kawerau ā Maki claims negotiation body means the person or persons from time to time recognised by the Crown to negotiate the Te Kawerau ā Maki deed of settlement

    Te Kawerau ā Maki deed of settlement and TKaM deed of settlement have the meaning given in section 95

    Te Kawerau ā Maki governance entity and TKaM governance entity have the meaning given in section 95

    Te Kawerau ā Maki settlement legislation and TKaM settlement legislation have the meaning given in section 95

    transfer, in relation to a property, means the transfer of the beneficial ownership of the property upon settlement of that property

    trustees and trustees of the Development Trust mean the trustees from time to time of Ngā Maunga Whakahii o Kaipara Development Trust, acting in their capacity as trustees of that trust

    trustees of the Tari Pupuritaonga Trust means the trustees from time to time of the Tari Pupuritaonga Trust, acting in their capacity as trustees of that trust

    working day means a day other than—

    • (a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; or

    • (b) a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; or

    • (c) the days observed as the anniversaries of the provinces of Auckland and Wellington.