New Zealand Legislation: Bills
Bills are proposed Acts
(1) In this Act, historical claims—
(a) means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the settlement date) that Taranaki Whānui ki Te Upoko o Te Ika (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—
(i) is, or is founded on, a right arising—
(A) from the Treaty of Waitangi or its principles; or
(B) under legislation; or
(C) at common law (including aboriginal title or customary law); or
(D) from fiduciary duty; or
(E) otherwise; and
(ii) arises from, or relates to, acts or omissions before 21 September 1992—
(A) by, or on behalf of, the Crown; or
(B) by or under legislation; and
(b) includes every claim to the Waitangi Tribunal to which paragraph (a) applies that relates exclusively to Taranaki Whānui ki Te Upoko o Te Ika (or a representative entity), including (subject to clause 8.2.3 of the deed of settlement as at the date of the deed of settlement)—
(i) Wai 105—Hutt Section 19 claim; and
(ii) Wai 145—Port Nicholson Block claim; and
(iii) Wai 183—Korokoro Urupā claim; and
(iv) Wai 377—Kaiwharawhara and Hutt claim; and
(v) Wai 442—Waiwhetu Pā land claim; and
(vi) Wai 562—Pipitea Pā and street properties claim; and
(vii) Wai 571—Section 1, Pipitea Street (resumption) claim; and
(viii) Wai 660—Hutt Section 19 (part of) claim; and
(ix) Wai 734—Whanganui a Tara (Ngāti Mutunga) claim; and
(x) Wai 735—Whanganui a Tara (Ngāti Tama) claim; and
(c) includes every other claim to the Waitangi Tribunal to which paragraph (a) applies so far as it relates to Taranaki Whānui ki Te Upoko o Te Ika (or a representative entity).
(2) However, historical claims does not include the following claims:
(a) a claim that a member of Taranaki Whānui ki Te Upoko o Te Ika, or a whānau, hapū, or group referred to in section 8(2)(b), may have that is, or is founded on, a right arising as a result of being descended from an ancestor who is not referred to in section 8(2)(a):
(b) a claim that a member of Taranaki Whānui ki Te Upoko o Te Ika, or a whānau, hapū, or group referred to in section 8(2)(b), may have in relation to an excluded area:
(c) a claim that a representative entity may have to the extent the claim is, or is founded on, a claim referred to in paragraph (a) or (b).
(3) In subsection (2)(b), excluded area means each of the following areas to the extent it is land within New Zealand:
(a) the South Island:
(b) the Chatham Islands:
(c) the Taranaki area:
(d) the Kapiti Coast.
(4) In subsection (3),—
Kapiti Coast means the district of the Kapiti Coast District Council as at the date of the deed of settlement
land within New Zealand means land within the baseline described in sections 5, 6, and 6A of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 (being the low-water mark along the coast of New Zealand, including the coast of all islands, except as otherwise provided in section 6 or 6A of that Act)
Taranaki area has the same meaning as in section 7.
(5) To avoid doubt, subsection (1)(a) is not limited by subsection (1)(b) or (c).
