Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014

Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014

Public Act2014 No 52
Date of assent31 July 2014
Commencementsee section 2

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose of Act

4 Provisions to take effect on effective date

5 Act binds the Crown

6 Outline

Interpretation

7 Interpretation of Act generally

8 Interpretation

9 Meaning of Ngā Mana Whenua o Tāmaki Makaurau

10 Meaning of maunga

11 Meaning of motu

Other matters

12 Application of Te Ture Whenua Maori Act 1993

13 Certain enactments do not apply

14 Removal of memorials

15 Rule against perpetuities does not apply

16 Access to collective deed

Part 2
Cultural redress

17 Statements of association

Subpart 1Vesting of maunga (other than Maungauika and Rarotonga / Mount Smart)

18 Matukutūruru

19 Maungakiekie / One Tree Hill

20 Maungarei / Mount Wellington

21 Maungawhau / Mount Eden

22 Mount Albert

23 Mount Roskill

24 Mount St John

25 Ōhinerau / Mount Hobson

26 Ōhuiarangi / Pigeon Mountain

27 Ōtāhuhu / Mount Richmond

28 Takarunga / Mount Victoria

29 Te Tātua-a-Riukiuta

Improvements attached to maunga

30 Ownership of improvements

31 Improvements where ownership reverts to Maunga Authority

32 Improvements: exercise of rights, use, access, etc

Subpart 2Vesting of Maungauika

33 Maungauika

34 Ownership of improvements

35 Improvements: exercise of rights, use, access, etc

36 Trustee right of first refusal over certain Crown improvements

37 Crown must allow access to improvements to which section 36 applies if purchased by trustee

38 Order in Council triggering different arrangements for administration of Maungauika

Subpart 3Vesting of Rarotonga / Mount Smart

39 Rarotonga / Mount Smart

40 Other lawful rights and interests not affected

Subpart 4General provisions applying to all maunga

41 Maunga must remain as reserves vested in trustee

42 Maunga vest subject to, or together with, specified interests

43 Registration of ownership

44 Recording of iwi and hapū interests

45 Application of Part 4A of Conservation Act 1987

46 Application of other enactments

47 Application of Reserves Act 1977

48 Saving of bylaws, etc, in relation to maunga

49 Names of maunga in respect of status as Crown protected areas and reserves

50 Recording of certain matters on computer freehold registers

51 Application of this Part if maunga land exchanged

Subpart 5Maungakiekie / One Tree Hill northern land and Māngere Mountain (administered lands)

52 Meaning of administered lands in this subpart

53 Maungakiekie / One Tree Hill northern land

54 Māngere Mountain

55 Status and use of administered lands continue with certain exceptions

56 Recording of iwi and hapū interests

Subpart 6Care, management, maintenance, etc, of maunga and administered lands

57 Meaning of maunga in this subpart

58 Integrated management plan

59 Integrated management plan and authorised cultural activities

60 Annual operational plan

61 Auckland Council responsible for routine management

62 Auckland Council responsible for costs

63 Financial management, financial reporting, and operational accountability

64 Annual meeting of Auckland Council and Ngā Mana Whenua o Tāmaki Makaurau

Subpart 7Ngā Mana Whenua o Tāmaki Makaurau cultural activities in relation to maunga and administered lands

65 Crown acknowledgement

66 Meaning of authorised cultural activity

67 Carrying out of authorised cultural activities by members of Ngā Mana Whenua o Tāmaki Makaurau

Subpart 8Vesting and vesting back of motu

68 Notice appointing vesting date for motu

69 Vesting and vesting back of motu

Subpart 9Vesting of Ngā Pona-toru-a-Peretū, Islington Bay Hall property, and Islington Bay Bach 80 property (Rangitoto Island properties)

Ngā Pona-toru-a-Peretū

70 Ngā Pona-toru-a-Peretū

71 Ngā Pona-toru-a-Peretū vests subject to specified interests

72 Crown improvements attached to Ngā Pona-toru-a-Peretū

Islington Bay Hall property

73 Islington Bay Hall property

74 Islington Bay Hall property vests subject to specified interests

75 Crown improvements attached to Islington Bay Hall property

76 Use of Islington Bay Hall property by Ngā Mana Whenua o Tāmaki Makaurau and trustee

Islington Bay Bach 80 property

77 Islington Bay Bach 80 property

78 Trustee may erect certain improvements on Islington Bay Bach 80 property as if Reserves Act 1977 approvals granted

79 Trustee may restrict or prohibit access to improvements on Islington Bay Bach 80 property

General provisions applying to Rangitoto Island properties

80 Registration of ownership

81 Recording of iwi and hapū interests

82 Application of Part 4A of Conservation Act 1987

83 Application of other enactments

84 Application of Reserves Act 1977

85 Application of Forest and Rural Fires Act 1977

86 Saving of bylaws, etc, in relation to Rangitoto Island properties

87 Names of Rangitoto Island properties in respect of status as Crown protected areas and reserves

88 Recording of certain matters on computer freehold registers

Subpart 10Conservation management plan for Hauraki Gulf / Tīkapa Moana inner motu (Tāmaki Makaurau motu plan)

89 Process for preparation and approval of Tāmaki Makaurau motu plan for Hauraki Gulf / Tīkapa Moana inner motu

90 Browns Island Recreation Reserve

91 Preparation of draft motu plan

92 Notification of draft motu plan

93 Submissions on draft motu plan

94 Hearing of submissions

95 Revision of draft motu plan

96 Referral of draft motu plan to Conservation Authority and Minister of Conservation

97 Approval of draft motu plan

98 Referral of disagreement to Conservation Authority

99 Mediation of disagreement

100 Review of motu plan

101 Amendment of motu plan

Subpart 11Geographic names

102 New official names of features

103 Publication of new official names

104 Alteration of new official names

Subpart 12Limitation of liability for maunga and Rangitoto Island properties

105 Limitation of liability under section 314(1)(da) of Resource Management Act 1991

Part 3
Tūpuna Maunga o Tāmaki Makaurau Authority

106 Establishment of Tūpuna Maunga o Tāmaki Makaurau Authority

107 Membership

108 Chairperson and deputy chairperson

109 Functions and powers

110 Maunga Authority administering body for certain other land

111 Ministerial delegations under Reserves Act 1977

112 Local authority powers under Reserves Act 1977

113 Maunga Authority delegations for purposes of routine management of maunga and administered lands

114 Administrative support for Maunga Authority

115 Maunga Authority not council organisation, council-controlled organisation, committee, or joint committee

116 Procedures

Part 4
Commercial redress

Interpretation

117 Interpretation

118 Meaning of RFR land

119 Meaning of Crown body

120 Land required for another Treaty settlement ceasing to be RFR land

Subpart 1RFR land

Restrictions on disposal of RFR land

121 Restrictions on disposal of RFR land

Notice of potential disposal of RFR land

122 Notice to Limited Partnership of potential disposal of RFR land

Limited Partnership's right of first refusal

123 Requirements for offer

124 Expiry date of offer

125 Withdrawal of offer

126 Acceptance of offer

127 Formation of contract

Disposals to others where land remains RFR land

128 Disposals to the Crown or Crown bodies

129 Disposals of existing public works to local authorities

130 Disposals of reserves to administering bodies

Disposals to others where land may cease to be RFR land

131 Disposals in accordance with enactment or rule of law

132 Disposals in accordance with legal or equitable obligation

133 Disposals under certain legislation

134 Disposals of land held for public works

135 Disposals for reserve or conservation purposes

136 Disposals for State housing purposes

137 Disposals by district health boards

138 Disposals for charitable purposes

139 Disposals to tenants

140 Disposals of Unitec land

141 Disposals of University of Auckland land

142 RFR landowner’s obligations subject to other things

Notices

143 Notice of RFR land for purposes of computer register

144 Notice to Limited Partnership of disposals of RFR land to others

145 Notice of land ceasing to be RFR land

146 Notice to LINZ of transfer of certain RFR land

147 Notice requirements

Memorials for RFR land

148 Recording memorials on computer registers for RFR land

149 Removal of memorials

150 Removal of memorials when RFR period ends

General provisions

151 Waiver and variation

152 Disposal of Crown bodies not affected

153 Assignment of rights and obligations under this subpart

Subpart 2Option to purchase former deferred selection properties

154 The Crown may transfer former deferred selection properties

155 Registrar-General to create computer freehold register

156 Application of other enactments

Part 5
Transitional provisions and consequential amendments

Subpart 1Transitional provisions

157 Initial members of Maunga Authority may be elected before effective date

158 First meeting of Maunga Authority

159 Routine management of maunga and administered lands until first annual operational plan takes effect

160 Existing management plans for maunga and administered lands to continue

161 Carrying out of authorised cultural activities prior to integrated management plan taking effect

162 Financial management, financial reporting, and operational accountability

Subpart 2Consequential amendments

163 Conservation Act 1987 amended

164 Hauraki Gulf Marine Park Act 2000 amended

165 Local Government Official Information and Meetings Act 1987 amended

166 Ngāti Whātua o Kaipara Claims Settlement Act 2013 amended

167 Ngāti Whātua Ōrākei Claims Settlement Act 2012 amended

Schedule 1
Maunga descriptions

Schedule 2
Maungakiekie / One Tree Hill northern land and Māngere Mountain descriptions

Schedule 3
Motu descriptions

Schedule 4
Tūpuna Maunga o Tāmaki Makaurau Authority

Schedule 5
Notices in relation to RFR land

Schedule 6
Administration of Maungauika

Schedule 7
New Schedule 5 inserted into Hauraki Gulf Marine Park Act 2000

Legislative history


  • Preamble

    (1) The iwi and hapū constituting the collective known as Ngā Mana Whenua o Tāmaki Makaurau have claims to Tāmaki Makaurau based on historical breaches of the Treaty of Waitangi (Te Tiriti o Waitangi) by the Crown:

    (2) Settlement of these claims is progressing through negotiations between the Crown and each individual iwi and hapū:

    (3) At the same time, the Crown has been negotiating other redress with Ngā Mana Whenua o Tāmaki Makaurau—

    • (a) that relates to certain maunga, motu, and lands of Tāmaki Makaurau; and

    • (b) in respect of which all the iwi and hapū have interests; and

    • (c) in respect of which all the iwi and hapū will share:

    (4) The maunga and motu are taonga in relation to which the iwi and hapū have always—

    • (a) maintained a unique relationship; and

    • (b) honoured their intergenerational role as kaitiaki:

    (5) The negotiations between the Crown and Ngā Mana Whenua o Tāmaki Makaurau began in July 2009:

    (6) On 12 February 2010, the Crown and Ngā Mana Whenua o Tāmaki Makaurau signed a Framework Agreement:

    (7) On 5 November 2011, the Crown and Ngā Mana Whenua o Tāmaki Makaurau signed a Record of Agreement:

    (8) On 7 June 2012, the Crown and Ngā Mana Whenua o Tāmaki Makaurau initialled a deed encapsulating the agreed redress arising from the Framework Agreement and the Record of Agreement:

    (9) On 8 September 2012, representatives of the Crown and Ngā Mana Whenua o Tāmaki Makaurau signed the deed:

    (10) To implement the deed, legislation is required:

The Parliament of New Zealand therefore enacts as follows: