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

  • enacted
8 Meaning of Taranaki Whānui ki Te Upoko o Te Ika
  • (1) This section is subject to clause 8.2.3 of the deed of settlement as at the date of the deed of settlement.

    (2) In this Act, Taranaki Whānui ki Te Upoko o Te Ika means—

    • (a) the collective group composed of individuals who—

      • (i) descend from 1 or more of the recognised ancestors of the following iwi:

        • (A) Te Atiawa:

        • (B) Ngāti Tama:

        • (C) Taranaki:

        • (D) Ngāti Ruanui:

        • (E) other iwi from the Taranaki area (for example, Ngāti Mutunga); and

      • (ii) also descend from 1 or more of—

        • (A) the original signatories of the 27 September 1839 Port Nicholson Block purchase deed; and

        • (B) the persons listed in the Schedule to the Declaration of the Native Land Court in Wellington dated 11 April 1888; and

        • (C) other persons not referred to in subsubparagraph (A) or (B), but who exercised customary rights in the Port Nicholson Block, Wellington District, on or after 6 February 1840 by virtue of being descended from 1 or more of the recognised ancestors of the iwi referred to in paragraph (a)(i); and

    • (b) any whānau, hapū, or group (including a group composed of the beneficiaries of the Wellington Tenths Trust and a group composed of the beneficiaries of the Palmerston North Māori Reserves Trust) to the extent that it is composed of individuals referred to in paragraph (a); and

    • (c) every individual referred to in paragraph (a).

    (3) In subsection (2)(a), a person is descended from another person if the first person is descended from the other by—

    • (a) birth; or

    • (b) legal adoption; or

    • (c) Māori customary adoption in accordance with Taranaki Whānui ki Te Upoko o Te Ika tikanga (customary values and practices).

    (4) In subsection (2)(a),—

    customary rights means rights according to tikanga Māori (Māori customary values and practices) including—

    • (a) rights to occupy land; and

    • (b) rights in relation to the use of land or other natural or physical resources

    Taranaki area has the same meaning as in section 7.