Reprint as at 1 September 2017

Coat of Arms of New Zealand

Ngāruahine Claims Settlement Act 2016

Public Act
 
2016 No 93
Date of assent
 
5 December 2016
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 Ngāruahine
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 that have same effect
22Interpretation
23Issuing, amending, and cancelling protocols
24Protocols subject to rights, functions, and duties
25Enforcement of protocols
26Conservation protocol
27Fisheries protocol
28Taonga tūturu protocol
29Interpretation
30Statutory acknowledgement by the Crown
31Purposes of statutory acknowledgement
32Relevant consent authorities to have regard to statutory acknowledgement
33Environment Court to have regard to statutory acknowledgement
34Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
35Recording statutory acknowledgement on statutory plans
36Provision of summary or notice to trustees
37Use of statutory acknowledgement
38Issuing and amending deeds of recognition
39Application of statutory acknowledgement and deed of recognition to river or stream
40Exercise of powers and performance of functions and duties
41Rights not affected
42Amendment to Resource Management Act 1991
43Interpretation
44Declaration of Whāriki o Ngāruahine and the Crown’s acknowledgement
45Purposes of Whāriki o Ngāruahine
46Effect of protection principles
47Obligations on New Zealand Conservation Authority and Conservation Boards
48Noting of Whāriki o Ngāruahine in strategies and plans
49Notification in Gazette
50Actions by Director-General
51Amendment to strategies or plans
52Regulations
53Bylaws
54Effect of Whāriki o Ngāruahine on Whāriki o Ngāruahine areas
55Termination of Whāriki o Ngāruahine classification
56Exercise of powers and performance of functions and duties
57Rights not affected
58Interpretation
59Te Kohinga property
60Te Ngutu o te Manu site A
61Waipakari property
62Te Poho o Taranaki
63Properties vest subject to or together with interests
64Interests that are not interests in land
65Registration of ownership
66Application of Part 4A of Conservation Act 1987
67Matters to be recorded on computer freehold register
68Application of other enactments
69Names of Crown protected areas discontinued
70Application of other enactments to reserve properties
71Subsequent transfer of reserve land
72Transfer of reserve land to new administering body
73Transfer of reserve land to trustees of existing administering body if trustees change
74Reserve land not to be mortgaged
75Saving of bylaws, etc, in relation to reserve properties
76Interpretation
77Purpose of kaitiaki plan
78Kaitiaki plan may be lodged with relevant local authority
79Effect of kaitiaki plan
80Kaitiaki plan may be lodged with relevant department
81Limitation of rights
82Interpretation
83Te Ngutu o Te Manu site B
84Kaipi Street property
85Interpretation
86Purpose and objectives
87Iwi representation on Council committee
88Members to act in interests of committee
89Change in committee structure
90Interpretation
91The Crown may transfer properties
92Transfer of Kaipi Street Conservation Area if it becomes deferred selection property
93Minister of Conservation may grant easements
94Computer freehold registers for deferred selection properties
95Authorised person may grant covenant for later creation of computer freehold register
96Application of other enactments
97Interpretation
98Meaning of RFR land
99Taranaki Iwi participation under this subpart
100Restrictions on disposal of RFR land
101Requirements for offer
102Expiry date of offer
103Withdrawal of offer
104Acceptance of offer
105Formation of contract
106Disposal to the Crown or Crown bodies
107Disposal of existing public works to local authorities
108Disposal of reserves to administering bodies
109Disposal in accordance with obligations under enactment or rule of law
110Disposal in accordance with legal or equitable obligations
111Disposal under certain legislation
112Disposal of land held for public works
113Disposal for reserve or conservation purposes
114Disposal for charitable purposes
115Disposal to tenants
116RFR landowner’s obligations subject to other matters
117Notice to LINZ of RFR land with computer register after settlement date
118Notice to trustees of offer trusts of disposal of RFR land to others
119Notice to LINZ of land ceasing to be RFR land
120Notice to be given if disposal of shared RFR land being considered
121Notice requirements
122Right of first refusal to be recorded on computer registers for RFR land
123Removal of notifications when land to be transferred or vested
124Removal of notifications when RFR period ends
125Waiver and variation
126Disposal of Crown bodies not affected
127Assignment of rights and obligations under this subpart
128Interpretation
129Dissolution of Ngā Hapū o Ngāruahine Iwi Incorporated
130Vesting of assets and liabilities of Ngā Hapū o Ngāruahine Iwi Incorporated
131Assets and liabilities of subsidiary
132Recognition of new mandated iwi organisation
133Temporary treatment of constitutional documents
134Certain effects of recognition of new mandated iwi organisation
135Functions of Te Ohu Kai Moana Trustee Limited
136Matters not affected by transfer
137Status of existing instruments
138Status of existing securities
139Continuation of proceedings
140Books and documents to remain evidence
141Removal from register of charitable entities
142Dissolution recorded in register of incorporated societies
143Other registers
144Liability of employees and agents
145Final report of Ngā Hapū o Ngāruahine Iwi Incorporated
146Application and interpretation
147Taxation in respect of transfer of assets and liabilities of Ngā Hapū o Ngāruahine Iwi Incorporated
148Election of trustees of Te Korowai o Ngāruahine to be Māori authority
149Taxation in respect of assets and liabilities of subsidiary
150Undistributed charitable amount at date subsidiary ceases to be tax charity
151Election by subsidiary to be Māori authority
152Amendments to Electoral (Iwi Organisation and Other Māori Organisation) Regulations 2012
Reprint notes

The Parliament of New Zealand enacts as follows: