Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill

  • discharged on 11 April 2018

Hon Dr Michael Cullen

Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill

Government Bill

303—1

Contents

Explanatory note
Preamble
1Title
2Commencement
3Purpose
4Act binds the Crown
5Interpretation of Act generally
6Interpretation
7Meaning of ngā hapū o Ngāti Porou
8Meaning of ngā rohe moana o ngā hapū o Ngāti Porou
9Meaning of accommodated matter
10Application of Act in relation to TCR areas
11Application of Act in relation to accommodated matters
12Map of ngā rohe moana o ngā hapū o Ngāti Porou to be attached to key public documents
13Right of relevant hapū to appear before Environment Court for certain resource consent applications
14Provision of resource consent applications to relevant hapū
15Boards of inquiry into matters of national significance within ngā rohe moana o ngā hapū o Ngāti Porou
16Decisions of New Zealand Historic Places Trust (Pouhere Taonga)
17Development and signing of covenant
18Recognition of covenant in Gisborne District Council key public documents
19Ngā hapū o Ngāti Porou to provide covenant to Gisborne District Council
20Gisborne District Council must review key public documents
21Outcome of review
22Ngā hapū o Ngāti Porou may require Gisborne District Council to reconsider decision
23Reconsideration by Gisborne District Council
24Appeal to Environment Court from reconsideration
25Environment Court’s decision
26Periodic review
27Amendment after review
28Effect on other resource management documents
29Effect on decisions under Historic Places Act 1993
30Effect on Gisborne District Council decision-making processes
31Protected customary activity agreement
32Notice
33Determinations by hapū on who may carry on, exercise, or follow customary activity, and where
34Carrying out of protected customary activities
35Minister of Conservation may make determination on whether protected customary activity has significant adverse effects
36Minister of Conservation must prepare significant adverse effects report
37Report to be publicly available
38Agreement on controls
39Copy of agreement to be provided to interested persons
40Restrictions on grants of resource consents
41Determination by Gisborne District Council of effect of proposed activity
42Certain proposed activities must be approved by relevant hapū
43Effect of protected customary activity under other legislation
44Wāhi tapu agreement
45Copies of agreement
46Gazette notice of wāhi tapu agreements
47Changes to prohibitions, restrictions, and exemptions
48Notice to public and interested persons
49Notice to be regulations for certain purposes
50Effective date of prohibitions, restrictions, and exemptions
51Duties of Gisborne District Council
52Offences
53Appointment of wardens
54Customary fishing practices regulations
55Performance of functions and exercise of powers under Fisheries Act 1996
56Relationship between customary fishing practices regulations and other regulations
57Notice of marine reserve applications
58Establishment or extension of marine reserves
59Proposals to establish or extend conservation protected areas
60Applications for concessions
61Proposals for marine mammal sanctuaries
62Wildlife and marine mammal matter applications
63Referral of applications to relevant hapū
64Determination by Director-General on whether taking of matter essential to conservation management
65Notice of determination
66Scope of authorisations or permits
67Costs
68Decisions concerning stranded marine mammals
69Decisions on applications for marine mammal watching permits
70Possession of wildlife matter or marine mammal matter
71Wildlife matter or marine mammal matter in Director-General’s possession
72Applications and proposals not to be considered in certain circumstances
73Referral of applications to TCR hapū
74Consequences of referral
75Scope of approvals
76Costs
77TCR hapū rights not limited
78Alteration of place names
79Alterations treated as if New Zealand Geographic Board approval given
80New Zealand Geographic Board to notify alterations
81Notice to interested persons
82Alteration of altered place names
83Interpretation
84Noting of conservation relationship instrument
85Noting of fisheries relationship instrument
86Noting of minerals relationship instrument
87Limitations of relationship instruments
88Relationship instruments not restrictive of certain matters
89Certain activities treated as having significant adverse effects
90Applications and requests to be considered only in certain circumstances
91Further restrictions on applications and requests
92Gisborne District Council to make adverse effects determination for certain applications and requests
93Referral of certain applications and requests to TCR hapū
94TCR hapū to determine whether to give permission to activity referred under section 93
95Further information may be requested
96Significant adverse effects determination
97Significant adverse effects report
98Objections to determination
99Appeal to Environment Court
100Scope of approvals
101TCR hapū decision-making under this subpart
102Costs
103Suspension of time frames in Resource Management Act 1991
104TCR area established by either of 2 ways
105Establishment of TCR area described in Schedule 2
106Establishment of TCR area not described in Schedule 2
107Order in Council recognising area and hapū as TCR area and TCR hapū
108Removal of jurisdiction of High Court and Māori Land Court
109Removal of jurisdiction generally
110Ngā hapū o Ngāti Porou management arrangements
111Performance of ngā hapū o Ngāti Porou rights and obligations
112Dealings with ngā hapū o Ngāti Porou to be conducted with management arrangements
113Limitations on effect of this Act
114Coastal occupation charges
115Rule against perpetuities does not apply
116Access to deed of agreement
117Certain other agreements to be publicly available
118Public foreshore and seabed register must include deed of agreement and certain other documents
119Making documents publicly available
120Regulations
121Consequential amendment