Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Bill 274-2 (2008), Government Bill

  • enacted
5 Outline
  • (1) This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or the deed of settlement.

    (2) This Part—

    • (a) sets out the purpose of this Act and specifies that it binds the Crown; and

    • (b) defines terms used in this Act, including key terms such as Taranaki Whānui ki Te Upoko o Te Ika and historical claims; and

    • (c) provides that the settlement of the historical claims is final; and

    • (d) provides for—

      • (i) the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and

      • (ii) consequential amendments to the Treaty of Waitangi Act 1975; and

      • (iii) the effect of the settlement on certain memorials; and

      • (iv) the exclusion of the law against perpetuities, the timing of actions or matters provided for in this Act, and access to the deed of settlement.

    (3) Part 2 provides for cultural redress, including—

    • (a) protocols to be issued to the trustees by the Minister of Conservation, the Minister of Fisheries, and the Minister for Arts, Culture and Heritage; and

    • (b) an acknowledgement by the Crown of the statements made by Taranaki Whānui ki Te Upoko o Te Ika of their cultural, spiritual, historical, and traditional association with 13 statutory areas, and the effect of that acknowledgement; and

    • (c) a deed of recognition between the Crown and the trustees; and

    • (d) the vesting in the trustees of the fee simple estate in 18 cultural redress properties and subsequent management arrangements in relation to the 2 sites that are lakebed and esplanade land and the 7 reserve sites (including the 4 Harbour Islands reserves); and

    • (e) the alteration of place names.

    (4) Part 3 provides for commercial redress, including—

    • (a) the transfer of deferred selection properties to the trustees to give effect to the deed of settlement; and

    • (b) the creation of computer registers, and the effect of registration, in relation to the deferred selection properties; and

    • (c) the application of other enactments in relation to the transfer of deferred selection properties; and

    • (d) a right of first refusal in relation to RFR land that may be exercised by the trustees.

    (5) There are 4 schedules that—

    • (a) describe the 13 statutory areas to which the statutory acknowledgement relates:

    • (b) describe the 18 cultural redress properties:

    • (c) set out provisions relating to the Harbour Islands Kaitiaki Board:

    • (d) set out provisions that apply to notices given in relation to RFR land.