Te Urewera Act 2014

  • Corrections have been made to clause 7(5) of Schedule 2 under section 25(1)(j)(iii), and Schedule 5 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012.

Te Urewera Act 2014

Public Act2014 No 51
Date of assent27 July 2014
Commencementsee section 2

Contents

1 Title

2 Commencement

Part 1
Te Urewera

Subpart 1Background, purpose, and principles

3 Background to this Act

4 Purpose of this Act

5 Principles for implementing this Act

Subpart 2Interpretation and other matters

6 Interpretation generally

7 Interpretation

8 Provisions to take effect on settlement date

9 Act binds the Crown

10 Outline

Subpart 3Legal identity of Te Urewera and vesting of Te Urewera land

Legal entity

11 Te Urewera declared to be legal entity

Te Urewera establishment land vested in Te Urewera

12 Vesting of Te Urewera establishment land

13 Te Urewera land inalienable

Amendment of other enactments

14 National Parks Act 1980 amended

15 Public Finance Act 1989 amended

Part 2
Governance and management of Te Urewera

Subpart 1Te Urewera Board

Board established

16 Board established

Purposes, functions, and powers of Board

17 Purposes of Board

18 Functions of Board

19 General powers of Board

20 Decision making affecting relationship of iwi and hapū with Te Urewera

Membership of Board

21 Appointment of members of Board

22 Disqualification

23 Declaration required as condition of appointment

Chair and deputy chair of Board

24 Chair

25 Deputy chair

Terms for Board and members

26 First and subsequent terms of Board

27 Term for which members appointed

Vacancies

28 Removal of member

29 Vacancies

Liability

30 Liability of members

Decision making

31 Obligations of members of Board in decision making

32 Role of chair in decision making

33 Unanimous decisions

34 Consensus decisions

35 Mediation

36 Decision by voting

37 Decisions by committee

Financial provisions

38 Budget of Board

39 Revenue

Taxation

40 Tax treatment of Te Urewera and Board

Application of other Acts

41 Other statutory powers not affected

42 Application of certain Acts

43 Application of Resource Management Act 1991

Subpart 2Te Urewera management plan

Preparation, approval, purpose, and scope of plan

44 Obligation on Board to prepare and approve management plan for Te Urewera

45 Purpose of Te Urewera management plan

46 Contents of Te Urewera management plan

47 Relationship between management plan and conservation planning documents

Review of management plan

48 Review and amendment of management plan

Transitional

49 Transitional provision

Subpart 3Operational management of Te Urewera

50 Responsibilities of chief executive and Director-General

51 Board's statement of priorities

52 Powers and obligations

53 Annual operational plan

54 Kaimahi

Subpart 4Authorisation of certain activities in Te Urewera

55 Categories of activity

56 Activities for which no authorisation required

57 Requirements applying to authorisations

Activity permits

58 Activities requiring activity permit

59 Process for determining applications for activity permits

60 Application of Wildlife Act 1953

61 Relationship with Fish and Game Council

Concessions

62 Activities requiring concessions

Authorisation for biological control

63 Introduction of biological control organisms

64 Crown Minerals Act 1991

Subpart 5Review of governance and management of Te Urewera

65 Independent review to be undertaken

66 Appointment of reviewer or review panel

67 Obligations of reviewer

68 Response on review report

69 Costs

Subpart 6Bylaws, compliance and enforcement, offences, penalties, and other matters

Bylaws

70 Board may make bylaws

Compliance and enforcement

71 Compliance and enforcement policy and training

72 Warranting

73 Powers of warranted officers

74 Constables

75 Warrants under other legislation

Offences

76 Offences in Te Urewera

77 Offences against warranted officers

Penalties

78 Penalties for specified offences

79 Penalties not otherwise prescribed

80 Penalties for offences committed for commercial gain

Proceedings

81 Proceedings in respect of offences

82 Limitation period for filing charging document

83 Presumptions relating to offences

Control of dogs in Te Urewera

84 Control of dogs

85 Dog control permits

86 Offences in relation to dogs

Fines payable to Board

87 Board to receive fines

Part 3
Te Urewera land and related matters

Interpretation

88 Interpretation

Subpart 1Provisions for registration and other matters relating to Te Urewera land

89 Registration of Te Urewera establishment land in Te Urewera

90 Resumptive memorials to be cancelled

91 Interests of registered proprietors of adjacent land not affected

92 Existing interests to continue

93 Application of other enactments

Official geographic names

94 Official geographic names discontinued

Improvements

95 Ownership of improvements

Liabilities

96 Certain liabilities excluded

97 Costs of meeting any liability

Easements required

98 Easement over former Kainaha historic reserve

99 Waikaremoana easements

Subpart 2Land added to, or removed from, Te Urewera or interests acquired

100 Land added to Te Urewera

101 Criteria for adding land

102 Other interests may be acquired

103 Relevant considerations for determining whether land may be added or interests acquired

Addition of private land

104 Proposal to add private land to Te Urewera

105 Minister's obligations

Addition of public conservation land

106 Board's obligations

107 Minister's obligations

Registration of land added to Te Urewera

108 Registration of land added to Te Urewera

Unformed roads

109 Stopping certain unformed roads adjoining Te Urewera land

110 Registration of land added to Te Urewera if road stopped

Removal of land from Te Urewera

111 Circumstances when land may be removed from Te Urewera

112 Registration after land removed from Te Urewera

Subpart 3Powers to establish special areas and to enter into covenants

Establishment of special areas within Te Urewera

113 Recommendation to establish special areas in Te Urewera

114 Criteria for recommendations to establish special areas

115 Determination of recommendation to establish special areas

116 Management of areas established under this subpart

117 Minister may propose establishing specially protected area

Specially protected areas

118 Authorisation of activities in specially protected areas

Wilderness areas

119 Restrictions on activities in wilderness areas

120 Criteria for authorising activities in wilderness areas

Amenity areas

121 Limitation on purpose and principles

Power to covenant land

122 Board may enter into covenants

123 Scope of covenants

124 Compliance and enforcement

125 Legal effect and registration of covenant

Subpart 4Provisions relating to certain parts of Te Urewera

Ruakituri Wilderness Area

126 Ruakituri Wilderness Area

Te Whāiti

127 Status of Te Whāiti changed

Onepoto

128 Status of Onepoto changed

Tāwhiuau Maunga and Ngāti Manawa interests in western parts of Te Urewera

129 Interpretation

130 Vesting of Tāwhiuau Maunga in name of Tangiharuru

131 Registration of Tāwhiuau Maunga in name of Tangiharuru

132 Role of trustees of Te Rūnanga o Ngāti Manawa

133 Management of Tāwhiuau area

134 Agreement between trustees of Te Rūnanga o Ngāti Manawa and Te Urewera Board

135 Application of other provisions

Interests of Ngāti Whare in certain parts of Te Urewera

136 Agreement between trustees of Te Rūnanga o Ngāti Whare and Te Urewera Board

Interests of Ngāti Ruapani ki Waikaremoana in Waikaremoana area

137 Interests of Ngāti Ruapani ki Waikaremoana in Waikaremoana area

Subpart 5Consequential amendments to other Acts

138 Amendment to other Acts

Schedule 1
Land descriptions

Schedule 2
Further provisions relating to Board

Schedule 3
Further provisions relating to authorisations and administrative matters

Schedule 4
Further provisions relating to compliance and enforcement

Schedule 5
Consequential amendments to other Acts

Legislative history


The Parliament of New Zealand enacts as follows: