NgāiTakoto Claims Settlement Act 2015

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Reprint as at 1 September 2017

Coat of Arms of New Zealand

NgāiTakoto Claims Settlement Act 2015

Public Act
 
2015 No 78
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 account, acknowledgements, and apology
8Summary of historical account
9Acknowledgements
10Apology
11Interpretation of Act generally
12Interpretation
13Meaning of NgāiTakoto
14Meaning of historical claims
15Settlement of historical claims final
16Amendment to Treaty of Waitangi Act 1975
17Certain enactments do not apply
18Resumptive memorials to be cancelled
19Rule against perpetuities does not apply
20Access to deed of settlement
21Provisions of other Acts that have same effect
22Interpretation
23Hukatere site A
24Kaimaumau Marae property
25Waipapakauri Papakainga property
26Mai i Waikanae ki Waikoropūpūnoa
27Mai i Hukatere ki Waimahuru
28Mai i Ngāpae ki Waimoho
29Mai i Waimimiha ki Ngāpae
30Application of Crown forestry licence
31Waipapakauri Beach property
32Wharemaru / East Beach property
33Lake Tangonge site A
34Tangonge property
35Bed of Lake Ngatu
36Lake Ngatu Recreation Reserve
37Lake Katavich
38Lake Ngakapua
39Lake Rotokawau
40Lake Waiparera
41Effect of vesting of lake properties
42Properties vest subject to or together with interests
43Interests in land for certain reserve properties
44Interests that are not interests in land
45Vesting of share of fee simple estate in property
46Registration of ownership
47Application of Part 4A of Conservation Act 1987
48Matters to be recorded on computer freehold register
49Application of other enactments
50Names of Crown protected areas discontinued
51Application of other enactments to reserve properties
52Joint management body for Beach sites A, B, C, and D
53Subsequent transfer of reserve land
54Transfer of reserve land to new administering body
55Transfer of reserve land to trustees of existing administering body if trustees change
56Reserve land not to be mortgaged
57Saving of bylaws, etc, in relation to reserve properties
58Interpretation
59Status of Central and South Conservation Areas and Ninety Mile Beach Marginal Strip
60Establishment and status of Board
61Purpose of Board
62Appointment of members of Board
63Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress
64Functions and powers of Board
65Power of Board to make requests to beach management agencies
66Criteria for appointment of commissioners
67Procedure for appointing hearing panel
68Obligation of Councils
69Obligation of Board
70Preparation and approval of beach management plan
71Purpose and contents of beach management plan
72Effect of beach management plan on RMA planning documents
73Effect of beach management plan on conservation documents
74Effect of beach management plan on local government decision making
75Application of other Acts to Board
76Interpretation
77Overview and background
78Establishment of Te Hiku o Te Ika Conservation Board
79Role and jurisdiction of Northland Conservation Board to cease
80Appointment of members of Te Hiku o Te Ika Conservation Board
81Interim participation of Ngāti Kahu on Conservation Board
82Northland CMS
83Status, effect, and certain contents of Te Hiku CMS
84Preliminary agreement
85Draft document to be prepared
86Notification of draft document
87Submissions
88Hearing
89Revision of draft document
90Submission of draft document to Conservation Authority
91Approval of Te Hiku CMS
92Effect of approval of Te Hiku CMS
93Review procedure
94Review in relation to Ngāti Kahu area of interest
95Amendment procedure
96Dispute resolution
97Mediation
98Effect of dispute process on prescribed time limits
99New Zealand Conservation Authority
100Minister of Conservation
101Acknowledgement of section 4 of Conservation Act 1987
102Customary materials plan
103Wāhi tapu framework
104Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
105Relationship agreement
106Interpretation
107Statutory acknowledgement by the Crown
108Purposes of statutory acknowledgement
109Relevant consent authorities to have regard to statutory acknowledgement
110Environment Court to have regard to statutory acknowledgement
111Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
112Recording statutory acknowledgement on statutory plans
113Provision of summary or notice to trustees
114Use of statutory acknowledgement
115Issuing and amending deeds of recognition
116Application of statutory acknowledgement and deed of recognition to river, stream, or lake
117Exercise of powers and performance of functions and duties
118Rights not affected
119Amendment to Resource Management Act 1991
120Interpretation
121Issuing, amending, and cancelling protocols
122Protocols subject to rights, functions, and duties
123Enforcement of protocols
124Taonga tūturu protocol
125Fisheries protocol
126Protocol with Minister of Energy and Resources
127Interpretation
128Appointment of NgāiTakoto fisheries advisory committee
129Appointment of joint fisheries advisory committee
130Interpretation
131Official geographic names
132Publication of official geographic names
133Subsequent alteration of official geographic names
134Interpretation
135The Crown may transfer properties
136Transfer of share of fee simple estate in property
137Minister of Conservation may grant easements
138Computer freehold registers for commercial redress properties and deferred selection properties that are not shared redress
139Computer freehold registers for shared commercial redress properties and deferred selection properties
140Computer freehold register for Peninsula Block
141Authorised person may grant covenant for later creation of computer freehold register
142Application of other enactments
143Transfer of Kaitaia College
144Transfer of properties subject to lease
145Requirements if lease terminates or expires
146Peninsula Block ceases to be Crown forest land
147Relevant trustees are confirmed beneficiaries and licensors
148Effect of transfer of Peninsula Block
149Licence splitting process must be completed
150Right of access to protected sites
151Right of access over Peninsula Block
152Right of access to be recorded on computer freehold register
153Interpretation
154Meaning of RFR land
155Restrictions on disposal of RFR land
156Requirements for offer
157Expiry date of offer
158Withdrawal of offer
159Acceptance of offer
160Formation of contract
161Disposal to the Crown or Crown bodies
162Disposal of existing public works to local authorities
163Disposal of reserves to administering bodies
164Disposal in accordance with enactment or rule of law
165Disposal in accordance with legal or equitable obligations
166Disposal under certain legislation
167Disposal of land held for public works
168Disposal for reserve or conservation purposes
169Disposal for charitable purposes
170Disposal to tenants
171Disposal by Housing New Zealand Corporation
172RFR landowner’s obligations subject to other matters
173Notice to LINZ of RFR land with computer register after RFR date
174Notice to trustees of offer trusts of disposal of RFR land to others
175Notice to LINZ of land ceasing to be RFR land
176Notice requirements
177Right of first refusal recorded on computer registers for RFR land
178Removal of notifications when land to be transferred or vested
179Removal of notifications when RFR period ends
180Waiver and variation
181Disposal of Crown bodies not affected
182Assignment of rights and obligations under this subpart
Reprint notes

The Parliament of New Zealand enacts as follows: