Tapuika Claims Settlement Act 2014

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Tapuika Claims Settlement Act 2014

Public Act2014 No 15
Date of assent16 April 2014
Commencementsee section 2

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

Summary of historical account, and acknowledgements and apology of the Crown

7 Summary of historical account, acknowledgements, and apology

8 Summary of historical account

9 Acknowledgements

10 Apology

Interpretation provisions

11 Interpretation of Act generally

12 Interpretation

13 Meaning of Tapuika

14 Meaning of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

15 Settlement of historical claims final

Amendment to Treaty of Waitangi Act 1975

16 Amendment to Treaty of Waitangi Act 1975

Resumptive memorials no longer to apply

17 Certain enactments do not apply

18 Resumptive memorials to be cancelled

Miscellaneous matters

19 Rule against perpetuities does not apply

20 Access to deed of settlement

Joint redress

21 Provisions of other Acts that have the same effect for joint property redress

Part 2
Cultural redress

The Crown not prevented from providing redress to other persons

22 The Crown not prevented from providing other similar redress

Subpart 1Protocols and conservation relationship agreement

23 Interpretation

General provisions applying to protocols and conservation relationship agreement

24 Issuing, amending, and cancelling protocols

25 Protocols subject to rights, functions, and duties

26 Enforcement of protocols

Conservation

27 Conservation relationship agreement

Crown minerals

28 Crown minerals protocol

Taonga tūturu

29 Taonga tūturu protocol

Fisheries

30 Fisheries protocol

31 Noting of fisheries protocol

Subpart 2Statutory acknowledgement and deeds of recognition

32 Interpretation

Statutory acknowledgement

33 Statutory acknowledgement by the Crown

34 Purposes of statutory acknowledgement

35 Relevant consent authorities to have regard to statutory acknowledgement

36 Environment Court to have regard to statutory acknowledgement

37 Historic Places Trust and Environment Court to have regard to statutory acknowledgement

38 Recording statutory acknowledgement on statutory plans

39 Provision of summary or notice to trustees

40 Use of statutory acknowledgement

Deeds of recognition

41 Issuing and amending deeds of recognition

General provisions relating to statutory acknowledgement and deeds of recognition

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

43 Exercise of powers and performance of functions and duties

44 Rights not affected

Consequential amendment to Resource Management Act 1991

45 Amendment to Resource Management Act 1991

Subpart 3Whenua Rāhui

46 Interpretation

47 Declaration of Whenua Rāhui and the Crown's acknowledgement

48 Purposes of Whenua Rāhui

49 Agreement on protection principles

50 Obligations on New Zealand Conservation Authority and Conservation Boards

51 Noting of Whenua Rāhui in strategies and plans

52 Notification in Gazette

53 Actions by Director-General

54 Amendment to strategies or plans

55 Regulations

56 Bylaws

57 Termination of Whenua Rāhui

58 Exercise of powers and performance of functions and duties

59 Rights not affected

Subpart 4Geographic names

60 Interpretation

61 Assignment and alteration of official geographic names

62 Publication of official geographic names

63 Subsequent alteration of official geographic names

Subpart 5Access over Ōtara Scenic Reserve

64 Access over Ōtara Scenic Reserve

Subpart 6Vesting of cultural redress properties

65 Interpretation

Properties vested in fee simple

66 Otāhu Pā

67 Otukawa

68 Te Riu o Hua

Properties vested in fee simple to be administered as reserves

69 Omawake Pā

70 Te Kainga Onaumoko

71 Te Manga o Ngakohua

72 Te Paieka

73 Te Pehu Pā

74 Te Weta Pā

75 Te Whaititiri Pā

76 Waiari Stream site

77 Restriction on transfer of Waiari Stream site

78 Wai Paepae

Te Taita: property jointly vested in fee simple to be administered as reserve

79 Te Taita

80 Joint management body for Te Taita Scenic Reserve

81 Interests in land for Te Taita

General provisions applying to vesting of cultural redress properties

82 Properties vest subject to or together with interests

83 Interests that are not interests in land

84 Vesting of share of fee simple estate in property

85 Registration of ownership

86 Application of Part 4A of Conservation Act 1987

87 Matters to be recorded on computer freehold register

88 Application of other enactments

Further provisions applying to reserve properties

89 Application of other enactments to reserve properties

90 Subsequent transfer of reserve land

91 Transfer to new administering body

92 Transfer to trustees of existing administering body if trustees change

93 Reserve land not to be mortgaged

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

95 Names of Crown protected areas discontinued

Subpart 7Ngā pae maunga: cultural property jointly vested in fee simple to be administered as reserve

96 Interpretation

97 Application of this subpart

98 Ōtanewainuku

99 Pūwhenua

100 Joint management body for Ōtanewainuku and Pūwhenua Scenic Reserves

101 Restriction on transfer of joint cultural redress property

General provisions applying to vesting of joint cultural redress properties

102 Properties vest subject to or together with interests

103 Interests in land for joint cultural redress properties

104 Interests that are not interests in land

105 Registration of ownership

106 Application of Part 4A of Conservation Act 1987

107 Recording application of Part 4A of Conservation Act 1987 and sections of this subpart

108 Application of other enactments to joint cultural redress properties

109 Application of Reserves Act 1977 to joint cultural redress properties

110 Joint cultural redress property that is reserve must not be mortgaged

111 Saving of bylaws, etc, in relation to joint cultural redress property

112 Scenic reserve not to become Crown protected area

Part 3
Kaituna River

113 Interpretation

Te Maru o Kaituna/Kaituna River Authority

114 Establishment of Te Maru o Kaituna/Kaituna River Authority

115 Purpose of Authority

116 Functions of Authority

117 Capacity

118 Members of Authority

119 Validity of acts

120 Resignation or removal of members

121 Authority administration and procedure

Kaituna River document

122 Purpose and scope of Kaituna River document

123 Effect on Resource Management Act 1991 planning documents

124 Effect on local government matters

Process for preparation and approval of first Kaituna River document

125 Preparation of draft of first Kaituna River document

126 Notification and submissions on draft Kaituna River document

127 Approval of Kaituna River document

128 Notice of approval of Kaituna River document

Review and amendment of Kaituna River document

129 Review of and amendments to Kaituna River document

Vesting and gifting back of Lower Kaituna Wildlife Management Reserve

130 Notice appointing delayed joint vesting date for Lower Kaituna Wildlife Management Reserve

131 Delayed vesting and gifting back of Lower Kaituna Wildlife Management Reserve

132 Alternative vesting of Lower Kaituna Wildlife Management Reserve

Part 4
Commercial redress

133 Interpretation

Subpart 1Transfer of commercial redress properties

134 The Crown may transfer properties

135 Transfer of Te Matai Forest (South) and Te Matai Forest (North)

136 Transfer of Pūwhenua Forest

Te Puke properties

137 Contingent authority to transfer Te Puke properties

General matters

138 Transfer of share of fee simple estate in property

139 Minister of Conservation may grant easements

140 Computer freehold registers for properties that are not shared redress

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

142 Application of other enactments

Subpart 2Unlicensed land

143 Unlicensed land

144 Management of marginal strip

Subpart 3Access to protected sites

145 Right of access to protected sites

146 Right of access over unlicensed land

147 Right of access to be recorded on computer freehold registers

Subpart 4Right of first refusal over RFR land

148 Interpretation

149 Meaning of RFR land

Restrictions on disposal of RFR land

150 Restrictions on disposal of RFR land

Trustees’ right of first refusal

151 Requirements for offer

152 Expiry date of offer

153 Withdrawal of offer

154 Acceptance of offer

155 Formation of contract

Disposals to others but land remains RFR land

156 Disposal to the Crown or Crown bodies

157 Disposal of existing public works to local authorities

158 Disposal of reserves to administering bodies

Disposals to others where land may cease to be RFR land

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

160 Disposal in accordance with legal or equitable obligations

161 Disposal by the Crown under certain legislation

162 Disposal of land held for public works

163 Disposal for reserve or conservation purposes

164 Disposal for charitable purposes

165 Disposal to tenants

RFR landowner obligations

166 RFR landowner’s obligations subject to other matters

Notices about RFR land

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

168 Notice to trustees of disposal of RFR land to others

169 Notice to LINZ of land ceasing to be RFR land

170 Notice requirements

Right of first refusal recorded on computer registers

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

172 Removal of notifications when land to be transferred or vested

173 Removal of notifications when RFR period ends

General provisions applying to right of first refusal

174 Waiver and variation

175 Disposal of Crown bodies not affected

176 Assignment of rights and obligations under this subpart

Schedule 1
Statutory areas of Tapuika

Schedule 2
Cultural redress properties of Tapuika

Schedule 3
Ngā pae maunga: joint cultural redress properties

Schedule 4
Lower Kaituna River Wildlife Management Reserve

Schedule 5
Administration and procedure of Kaituna River Authority

Schedule 6
Notices in relation to RFR land of Tapuika

Legislative history


The Parliament of New Zealand enacts as follows: