Ngati Toa Rangatira Claims Settlement Act 2014

Reprint as at 20 May 2014

Ngati Toa Rangatira Claims Settlement Act 2014

Public Act2014 No 17
Date of assent22 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 and settlement of historical claims

Subpart 1Purpose of Act, historical account, acknowledgements, and apology

3 Purpose

4 Provisions take effect on settlement date

5 Act binds the Crown

6 Outline

7 Historical account and the Crown's acknowledgements and apology

8 Summary of historical account

9 Text of acknowledgements

10 Text of apology

Subpart 2Interpretation

11 Interpretation of Act generally

12 Interpretation

13 Interpretation: iwi and trusts

14 Meaning of Ngati Toa Rangatira

15 Meaning of historical claims

Subpart 3Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

16 Settlement of historical claims final

Consequential amendment to Treaty of Waitangi Act 1975

17 Amendment to Treaty of Waitangi Act 1975

Protections no longer apply

18 Certain enactments do not apply

19 Removal of memorials

Subpart 4Other matters

20 Rule against perpetuities does not apply

21 Access to deed of settlement

22 Provisions of other Acts that have same effect

23 Amendment to Fisheries (South Island Customary Fishing) Regulations 1999

Part 2
Cultural redress

Subpart 1Statutory acknowledgement and deeds of recognition

Statutory acknowledgement

24 Interpretation

25 Statutory acknowledgement by the Crown

26 Purposes of statutory acknowledgement

27 Relevant consent authorities to have regard to statutory acknowledgement

28 Environment Court to have regard to statutory acknowledgement

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

30 Recording statutory acknowledgement on statutory plans

31 Provision of summaries or notices of certain applications to trustee

32 Use of statutory acknowledgement

33 Trustee may waive rights

Deeds of recognition

34 Issue and amendment of deeds of recognition

General provisions

35 Application to river or stream

36 Exercise of powers and performance of functions and duties

37 Rights not affected

38 Limitation of rights

Consequential amendment to Resource Management Act 1991

39 Amendment to Resource Management Act 1991

Subpart 2Nga paihau

40 Interpretation

41 Declaration of nga paihau

42 Acknowledgement by the Crown of statements of iwi values

43 Purposes of nga paihau

44 Agreement on protection principles

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

46 New Zealand Conservation Authority and Conservation Boards to consult trustee

47 Conservation management strategy

48 Noting of nga paihau

49 Notification in Gazette

50 Actions by Director-General

51 Amendment to strategy or plan

52 Regulations

53 Bylaws

54 Existing classification of nga paihau sites

55 Termination of nga paihau

56 Exercise of powers and performance of functions and duties

57 Rights not affected

58 Limitation of rights

Subpart 3Vesting of cultural redress properties

59 Interpretation

Sites that vest in fee simple

60 Rarangi (Ngati Toa Rangatira)

61 Akatarawa Road conservation area

62 Former Tuamarina school house

63 Rangihaeata

64 Pelorus Bridge

65 Titahi Bay Road site A

66 Titahi Bay Road site B

Sites that vest in fee simple subject to conservation covenant

67 Waikutakuta / Robin Hood Bay

68 Elaine Bay

Sites that vest in fee simple to be administered as reserves

69 Whitianga site

70 Te Mana a Kupe

71 Taputeranga Island

72 Onehunga Bay

73 Wainui

74 Te Onepoto Bay

75 Te Arai o Wairau

76 Pukatea / Whites Bay

77 Horahora-kākahu

78 Tokomaru / Mount Robertson

Sites that vest in fee simple to be held as Maori reservations

79 Taupo urupa

80 Whitireia urupa

Subpart 4General provisions relating to vesting of cultural redress properties

General provisions

81 Properties are subject to, or benefit from, interests

82 Interests in land for certain reserve sites

83 Interests that are not interests in land

84 Registration of ownership

85 Application of Part 4A of Conservation Act 1987

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

87 Application of other enactments

Provisions relating to reserve sites

88 Application of Reserves Act 1977 to reserve sites

89 Joint management body for Pukatea / Whites Bay and Horahora-kākahu

90 Joint management body for Tokomaru / Mount Robertson

91 Subsequent transfer of Whitianga site, Wainui, or Te Arai o Wairau

92 Subsequent transfer of Te Mana a Kupe

93 Subsequent transfer of Taputeranga Island

94 Subsequent transfer of Onehunga Bay or Te Onepoto Bay

95 Subsequent transfer of jointly vested sites

96 No mortgage of reserve land

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

Names of Crown protected areas and reserve sites

98 Names of Crown protected areas and reserve sites

Repeal

99 Consequential repeal of certain sections of Wellington City Empowering and Amendment Act 1927

Subpart 5Geographic names

100 Interpretation

101 New names of features

102 Publication of new names

103 Alteration of new names

Subpart 6Delayed vesting and gifting back of balance of Mana Island

104 Interpretation

105 Notice appointing vesting date for balance of Mana Island

106 Delayed vesting and gifting back of balance of Mana Island

Subpart 7Kapiti Island redress

107 Interpretation

Kapiti Island site

108 Kapiti Island site

109 Right of access over reserves to Kapiti Island site

110 Registration of ownership of Kapiti Island site

111 Application of enactments to Kapiti Island site

Kapiti Island North Nature Reserve site

112 Kapiti Island North Nature Reserve site

113 Registration of ownership of Kapiti Island North Nature Reserve site

114 Application of enactments to Kapiti Island North Nature Reserve site

115 Change of named registered proprietor of Kapiti Island North Nature Reserve site

116 Trustee may divest all or part of Kapiti Island North Nature Reserve site

117 Vesting of Kapiti Island North Nature Reserve balance site

Kapiti Island Nature Reserve site

118 Notice appointing vesting date for Kapiti Island Nature Reserve site

119 Delayed vesting and gifting back of Kapiti Island Nature Reserve site

120 Recording right of access on register for Kapiti Island Nature Reserve site

Strategic advisory committee for Kapiti Island reserve sites

121 Strategic advisory committee established

122 Appointment of members to strategic advisory committee

123 Interim members of strategic advisory committee

124 Functions of strategic advisory committee

125 Procedure and meetings of strategic advisory committee

126 Quorum at meetings of strategic advisory committee

Consultation with and advice provided by strategic advisory committee

127 Strategic advisory committee may provide advice on conservation matters

128 Strategic advisory committee to be consulted, and may provide advice, on annual planning

129 Strategic advisory committee may provide advice on burial caves at Wharekohu Bay

130 Conservation management strategy that affects Kapiti Island reserve site

131 General provision about advice

Conservation management plan for Kapiti Island reserve sites

132 Interpretation

133 Process for preparation and approval of Kapiti Island plan

134 Preparation of draft plan

135 Notification of draft plan

136 Submissions on draft plan

137 Hearing of submissions

138 Revision of draft plan

139 Referral of draft plan to Conservation Authority and Minister

140 Approval of draft plan

141 Referral of disagreement to Conservation Authority

142 Mediation of disagreement

143 Review of Kapiti Island plan

144 Amendment of Kapiti Island plan

Subpart 8Poutiaki plan

145 Interpretation

146 Preparation of poutiaki plan

147 Effect on relevant councils

148 Limitation of rights

Subpart 9Whitireia Park redress

149 Interpretation

150 Joint board established

151 Joint board is administering body of reserves

152 Application for statutory authorisation over additional reserve

153 Interests in favour of additional reserves

154 Management plan

155 Procedure and meetings of joint board

156 Trustee may become administering body of additional reserve

Subpart 10Queen Elizabeth Park campground site

157 Interpretation

158 Change of reserve classification and appointment of administering body

159 Improvements on campground site

160 Management of site and income

161 Revocation of appointment of administering body

Subpart 11River and freshwater advisory committee

162 Advisory committee established

163 Appointment of members to advisory committee

164 Advisory committee may provide advice

165 Council must invite and have regard to advice

166 Procedure and meetings of advisory committee

167 Advisory committee may request information

168 Other obligations under Resource Management Act 1991

Part 3
Commercial redress

Subpart 1Transfer of commercial redress properties, commercial properties, and deferred selection properties

169 The Crown may transfer properties

170 Registrar-General to create computer freehold register

171 Minister of Conservation may grant easements

172 Application of other enactments

173 Transfer of commercial redress property for no consideration

174 Transfer of properties subject to lease

Subpart 2Licensed properties

175 Interpretation

176 Licensed property ceases to be Crown forest land

177 Trustee confirmed beneficiary and licensor in relation to licensed property

178 Effect of transfer of licensed property

Subpart 3Right of access to protected sites

179 Interpretation

180 Right of access to protected site

181 Right of access subject to Crown forestry licence

182 Notation on computer freehold register

Subpart 4Right of first refusal in relation to RFR land

Interpretation

183 Interpretation

184 Meaning of RFR land

Restrictions on disposal of RFR land

185 Restrictions on disposal of RFR land

Trustees' right of first refusal

186 Requirements for offer

187 Expiry date of offer

188 Withdrawal of offer

189 Acceptance of offer

190 Formation of contract

Disposals to others where land remains RFR land

191 Disposals to the Crown or Crown bodies

192 Disposals of existing public works to local authorities

193 Disposals of reserves to administering bodies

Disposals to others where land may cease to be RFR land

194 Disposals in accordance with enactment or rule of law

195 Disposals in accordance with legal or equitable obligation

196 Disposals under certain legislation

197 Disposals of land held for public works

198 Disposals for reserve or conservation purposes

199 Disposals for charitable purposes

200 Disposals to tenants

201 Disposals by Housing New Zealand Corporation

202 Disposals by Capital and Coast District Health Board

203 RFR landowner's obligations subject to other things

Notices

204 Notice to trustees if land becomes RFR land

205 Notice to LINZ of certain RFR land with computer register

206 Notice to trustees of potential disposal of RFR land

207 Notice to trustees of disposals of RFR land to others

208 Notice to LINZ of land ceasing to be RFR land

209 Notice to LINZ of transfer of certain deferred selection RFR land to trustees

210 Notice requirements

Memorials for RFR land

211 Recording memorials on computer registers for RFR land

212 Removal of memorials when land to be transferred or vested

213 Removal of memorials when RFR period ends

General provisions

214 Waiver and variation

215 Disposal of Crown bodies not affected

216 Assignment of rights and obligations under this subpart

Schedule 1
Statutory areas

Schedule 2
Nga paihau sites

Schedule 3
Cultural redress properties

Schedule 4
Kapiti Island redress

Schedule 5
Notices in relation to RFR land

Reprint notes


The Parliament of New Zealand enacts as follows: