Te Aupouri Claims Settlement Act 2015

Reprint as at 1 September 2017

Coat of Arms of New Zealand

Te Aupouri Claims Settlement Act 2015

Public Act
 
2015 No 77
Date of assent
 
22 September 2015
Commencement
 
see 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

1Title
2Commencement
3Purpose
4Provisions to take effect on settlement date
5Act binds the Crown
6Outline
7Summary of historical background to claims by Te Aupouri
8Acknowledgements and apology
9Acknowledgements
10The Crown’s apology to Te Aupouri
11Interpretation of Act generally
12Interpretation
13Meaning of Te Aupouri
14Meaning of historical claims
15Settlement of historical claims final
16Amendment to Treaty of Waitangi Act 1975
17Certain enactments do not apply
18When resumptive memorials must be cancelled
19Rule against perpetuities does not apply
20Access to deed of settlement
21Provisions of other Acts that have same effect
22Interpretation
23Hukatere Pā
24Murimotu Island
25Te Kao School site A
26Waiparariki (Te Kao 76 and 77B)
27Kahokawa
28Maungatiketike Pā
29Pitokuku Pā
30Taurangatira Pā
31Te Rerepari
32Te Ārai Conservation Area
33Te Ārai Ecological Sanctuary
34Te Tomo a Tāwhana (Twin Pā Sites)
35Mai i Waikanae ki Waikoropūpūnoa
36Mai i Hukatere ki Waimahuru
37Mai i Ngāpae ki Waimoho
38Mai i Waimimiha ki Ngāpae
39Application of Crown forestry licence
40Lake Ngākeketo Recreation Reserve
41Bed of Lake Ngākeketo
42Waihopo Lake property
43Effect of vesting Waihopo Lake property
44Properties vest subject to, or together with, interests
45Vesting of share of fee simple estate
46Interests in land for certain reserve properties
47Minister of Conservation may grant easements
48Registration of ownership
49Application of Part 4A of Conservation Act 1987
50Matters to be recorded on computer freehold register
51Removal of notifications from computer freehold register
52Application of other enactments
53Names of Crown protected areas discontinued
54Application of other enactments to reserve properties
55Subsequent transfer of reserve land
56Registration of subsequent transfer
57New owners to be administering body
58Joint management body for Beach sites A, B, C, and D
59Subsequent transfer of Beach sites A, B, C, and D
60Reserve land not to be mortgaged
61Saving of bylaws, etc, in relation to reserve properties
62Interpretation
63Status of Central and South Conservation Areas and Ninety Mile Beach Marginal Strip
64Establishment and status of Board
65Purpose of Board
66Appointment of members of Board
67Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress
68Functions and powers of Board
69Power of Board to make requests to beach management agencies
70Criteria for appointment of commissioners
71Procedure for appointing hearing panel
72Obligation of Councils
73Obligation of Board
74Preparation and approval of beach management plan
75Purpose and contents of beach management plan
76Effect of beach management plan on RMA planning documents
77Effect of beach management plan on conservation documents
78Effect of beach management plan on local government decision making
79Application of other Acts to Board
80Interpretation
81Overview and background
82Establishment of Te Hiku o Te Ika Conservation Board
83Application of Conservation Act 1987 to Conservation Board
84Role and jurisdiction of Northland Conservation Board to cease
85Appointment of members of Te Hiku o Te Ika Conservation Board
86Interim participation of Ngāti Kahu on Conservation Board
87Northland CMS
88Status, effect, and certain contents of Te Hiku CMS
89Preliminary agreement
90Draft document to be prepared
91Notification of draft document
92Submissions
93Hearing
94Revision of draft document
95Submission of draft document to Conservation Authority
96Approval of Te Hiku CMS
97Effect of approval of Te Hiku CMS
98Review procedure
99Review in relation to Ngāti Kahu area of interest
100Amendment procedure
101Dispute resolution
102Mediation
103Effect of dispute process on prescribed time limits
104New Zealand Conservation Authority
105Minister of Conservation
106Acknowledgement of section 4 of Conservation Act 1987
107Customary materials plan
108Wāhi tapu framework
109Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
110Relationship agreement
111Interpretation
112Statutory acknowledgement by the Crown
113Purposes of statutory acknowledgement
114Relevant consent authorities to have regard to statutory acknowledgement
115Environment Court to have regard to statutory acknowledgement
116Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
117Recording statutory acknowledgement on statutory plans
118Provision of summary or notice of resource consent applications
119Use of statutory acknowledgement
120Application of statutory acknowledgement to river
121Exercise of powers and performance of functions and duties
122Rights not affected
123Amendment to Resource Management Act 1991
124Interpretation
125Issuing, amending, or cancelling protocols
126Protocols subject to rights, functions, and obligations
127Enforcement of protocols
128Protocol with Minister of Energy and Resources
129Taonga tūturu protocol
130Fisheries protocol
131Interpretation
132Appointment of Te Aupouri fisheries advisory committee
133Appointment of joint fisheries advisory committee
134Interpretation
135Official geographic names
136Publication of official geographic names
137Subsequent alteration of official geographic names
138Interpretation
139The Crown may transfer properties
140Transfer of share in fee simple estate in property
141Registrar-General to create computer freehold register
142Authorised person may grant covenant for later creation of computer freehold register
143Minister of Conservation may grant easements
144Application of other enactments
145Transfer of Te Kao School site B
146Requirements if lease terminates or expires
147Peninsula Block ceases to be Crown forest land
148Relevant trustees are confirmed beneficiaries and licensors
149Effect of transfer of Peninsula Block
150Licence splitting process must be completed
151Right of access to protected sites
152Right of access over Peninsula Block
153Right of access to be recorded on computer freehold register
154Interpretation
155Meaning of RFR land
156Restrictions on disposal of RFR land
157Requirements for offer
158Expiry date of offer
159Withdrawal of offer
160Acceptance of offer
161Formation of contract
162Disposal to the Crown or Crown bodies
163Disposal of existing public works to local authority
164Disposal of reserves to administering bodies
165Disposal in accordance with enactment or rule of law
166Disposal in accordance with legal or equitable obligations
167Disposal under certain legislation
168Disposal of land held for public works
169Disposal for reserve or conservation purposes
170Disposal for charitable purposes
171Disposal to tenants
172Disposal by Housing New Zealand Corporation
173RFR landowner’s obligations subject to other matters
174Notice to LINZ of RFR land with computer register after RFR date
175Notice to trustees of offer trusts of disposal of RFR land to others
176Notice to LINZ of land ceasing to be RFR land
177Notice requirements
178Right of first refusal recorded on computer registers for RFR land
179Removal of notifications when land to be transferred or vested
180Removal of notifications when RFR period ends
181Waiver and variation
182Disposal of Crown bodies not affected
183Assignment of rights and obligations under this subpart
184Interpretation
185Dissolution of Board
186Vesting of assets and liabilities
187Takahua Burial Ground Block
188Te Neke Block
189Final report of Board
190Matters not affected by transfer
191Status of contracts and other instruments
192Status of existing securities
193Books and documents to remain evidence
194Registers
195Interpretation
196Liability of employees and agents
197Transfer of employees
198Protection of terms and conditions of employment
199Continuity of employment
200No compensation for technical redundancy
201Application
202Taxation in respect of transfer of assets and liabilities of Board
203Election by trustees to be Maori authority
204Taxation in respect of assets and liabilities of subsidiaries
205Election by subsidiary to be Maori authority
206Maori Trust Boards Act 1955 amended
207Amendments to Maori Trust Boards Regulations 1985
Reprint notes

The Parliament of New Zealand enacts as follows: