Maungaharuru-Tangitū Hapū Claims Settlement Act 2014

Reprint as at 20 May 2014

Maungaharuru-Tangitū Hapū Claims Settlement Act 2014

Public Act2014 No 12
Date of assent16 April 2014
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 matters, acknowledgements and apology, and settlement of historical claims

Preliminary matters

3 Purpose

4 Provisions to 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 Crown acknowledgements

9 Text of the Crown's apology

Interpretation

10 Interpretation of Act generally

11 Interpretation

12 Meaning of Maungaharuru-Tangitū Hapū

13 Meaning of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

14 Settlement of historical claims final

Amendment to Treaty of Waitangi Act 1975

15 Amendment to Treaty of Waitangi Act 1975

Resumptive memorials no longer to apply

16 Certain enactments do not apply

17 Resumptive memorials to be cancelled

Miscellaneous matters

18 Rule against perpetuities does not apply

19 Access to deed of settlement

Part 2
Cultural redress

Subpart 1Tangoio

20 Interpretation

21 Council must establish and administer catchments fund

22 Application of money in catchments fund

23 Transfers from reserve fund to catchments fund

24 Application of Soil Conservation and Rivers Control Act 1941

25 Power of LINZ to obtain information relating to catchments fund

Subpart 2Te Kawenata

26 Interpretation

27 Authority to enter into Te Kawenata

28 Noting of Te Kawenata on conservation documents

29 Te Kawenata subject to rights, functions, duties, and powers

30 Enforcement of Te Kawenata

Subpart 3Protocols

31 Interpretation

General provisions applying to protocols

32 Issuing, amending, and cancelling protocols

33 Protocols subject to rights, functions, and duties

34 Enforcement of protocols

Crown minerals

35 Crown minerals protocol

Taonga tūturu

36 Taonga tūturu protocol

Subpart 4Statutory acknowledgement and deeds of recognition

37 Interpretation

Statutory acknowledgement

38 Statutory acknowledgement by the Crown

39 Purposes of statutory acknowledgement

40 Relevant consent authorities to have regard to statutory acknowledgement

41 Environment Court to have regard to statutory acknowledgement

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

43 Recording statutory acknowledgement on statutory plans

44 Provision of summary or notice to trustees

45 Use of statutory acknowledgement

Deeds of recognition

46 Issuing and amending deeds of recognition

General provisions relating to statutory acknowledgement and deeds of recognition

47 Application of statutory acknowledgement and deed of recognition to river or stream

48 Exercise of powers and performance of functions and duties

49 Rights not affected

Consequential amendment to Resource Management Act 1991

50 Amendment to Resource Management Act 1991

Subpart 5Tātai Tūāpapa

51 Interpretation

52 Declaration of Tātai Tūāpapa and the Crown's acknowledgement

53 Purposes of Tātai Tūāpapa

54 Agreement on protection principles

55 Obligations on New Zealand Conservation Authority and Conservation Boards

56 Noting of Tātai Tūāpapa in strategies and plans

57 Notification in Gazette

58 Actions by Director-General

59 Amendment to strategies or plans

60 Regulations

61 Bylaws

62 Existing classification of Tātai Tūāpapa areas

63 Termination of Tātai Tūāpapa

64 Exercise of powers and performance of functions and duties

65 Rights not affected

Subpart 6Fisheries redress

66 Appointment of advisory committee in relation to Wairoa Hard

Subpart 7Official geographic names

67 Interpretation

68 Assignment and alteration of official geographic names

69 Publication of official geographic names

70 Subsequent alteration of official geographic names

Subpart 8Vesting of cultural redress properties

71 Interpretation

Part Opouahi Scenic Reserve

72 Part Opouahi Scenic Reserve

Te Pohue Domain Recreation Reserve and hall

73 Meaning of hall

74 Te Pohue Domain Recreation Reserve

75 Ownership of hall on Te Pohue Domain Recreation Reserve

76 Status of Te Pohue Domain Recreation Reserve under Reserves Act 1977

77 Obligations of Council relating to hall

78 Further provisions relating to removal, demolition, or replacement of hall

Lake properties

79 Lake Opouahi property

80 Lake Orakai property

81 Part Lake Tūtira property

82 Lake Waikopiro property

83 Limits on trustees' rights and obligations in relation to lake properties

84 Limits on liability for plants

85 Limits on liability for contamination

86 Boundaries relating to lake properties

87 Existing structures

88 Determination of applications relating to existing structures

89 Liability for existing structures

90 New structures require consent

General provisions applying to vesting of cultural redress properties

91 Properties vest subject to or together with interests

92 Interests in land for Te Pohue Domain Recreation Reserve

93 Interests that are not interests in land

94 Registration of ownership

95 Application of Part 4A of Conservation Act 1987

96 Matters to be recorded on computer freehold register

97 Application of other enactments

98 Minister of Conservation may grant easements

Further provisions applying to reserve properties

99 Application of other enactments to reserve properties

100 Meaning of reserve land

101 Subsequent transfer of reserve land

102 Transfer of reserve land if trustees change

103 Transfer of reserve land to new administering body

104 Reserve land not to be mortgaged

105 Saving of bylaws, etc, in relation to reserve properties

Names of Crown protected areas

106 Names of Crown protected areas discontinued

Subpart 9Vesting and gifting back of properties

107 Delayed vesting and gifting back of gifting-back properties

Part 3
Commercial redress

108 Interpretation

Subpart 1Transfer of commercial redress properties

109 The Crown may transfer properties

110 Minister of Conservation may grant easements

111 Computer freehold registers for commercial redress properties

112 Computer freehold register for licensed land subject to single Crown forestry licence

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

114 Application of other enactments

Subpart 2Licensed land

115 Licensed land ceases to be Crown forest land

116 Trustees are confirmed beneficiaries and licensors of licensed land

117 Effect of transfer of licensed land

Subpart 3Access to protected sites

118 Right of access to protected sites

119 Right of access over licensed land

120 Right of access to be recorded on computer freehold registers

Subpart 4Right of first refusal over RFR land

121 Interpretation

122 Meaning of RFR land

Restrictions on disposal of RFR land

123 Restrictions on disposal of RFR land

Trustees’ right of first refusal

124 Requirements for offer

125 Expiry date of offer

126 Withdrawal of offer

127 Acceptance of offer

128 Formation of contract

Disposals to others but land remains RFR land

129 Disposal to the Crown or Crown bodies

130 Disposal of existing public works to local authorities

131 Disposal of reserves to administering bodies

Disposals to others where land may cease to be RFR land

132 Disposal in accordance with obligations under enactment or rule of law

133 Disposal in accordance with legal or equitable obligations

134 Disposal under certain legislation

135 Disposal of land held for public works

136 Disposal for reserve or conservation purposes

137 Disposal for charitable purposes

138 Disposal to tenants

RFR landowner obligations

139 RFR landowner’s obligations subject to other matters

Notices about RFR land

140 Notice to LINZ of RFR land with computer register after settlement date

141 Notice to trustees of disposal of RFR land to others

142 Notice to LINZ of land ceasing to be RFR land

143 Notice requirements

Right of first refusal recorded on computer registers

144 Right of first refusal to be recorded on computer registers for RFR land

145 Removal of notifications when land to be transferred or vested

146 Removal of notifications when RFR period ends

General provisions applying to right of first refusal

147 Waiver and variation

148 Disposal of Crown bodies not affected

149 Assignment of rights and obligations under this subpart

Schedule 1
Description of Tangoio Soil Conservation Reserve

Schedule 2
Statutory areas

Schedule 3
Tātai Tūāpapa areas

Schedule 4
Cultural redress properties

Schedule 5
Gifting-back properties

Schedule 6
Notices in relation to RFR land

Reprint notes


The Parliament of New Zealand enacts as follows: