Ngati Porou Claims Settlement Bill

12 Meaning of historical claims

• (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 Ngati Porou 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 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 a 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 Ngati Porou or a representative entity, including every claim listed in clause 2(1) of Part 2 of Schedule 1; and

  • (c) includes every other claim to the Waitangi Tribunal to which paragraph (a) applies, to the extent that the claim relates to Ngati Porou or a representative entity, including the claims listed in clause 2(2) of Part 2 of Schedule 1.

  (2) However, historical claims does not include any claim that—

  • (a) a member of Ngati Porou, or a whanau, hapu, or group referred to in section 11 may have that is founded on a right arising as a result of being descended from a Ngati Porou tipuna who is not referred to in section 11(3); or

  • (b) a representative entity may have to the extent that the claim is, or is based on, a claim referred to in paragraph (a).

  (3) To avoid doubt, subsection (1) is not limited by subsection (2).