(1) Te Urewera is ancient and enduring, a fortress of nature, alive with history; its scenery is abundant with mystery, adventure, and remote beauty.

(2) Te Urewera is a place of spiritual value, with its own mana and mauri.

(3) Te Urewera has an identity in and of itself, inspiring people to commit to its care.

(4) For Tūhoe, Te Urewera is Te Manawa o te Ika a Māui; it is the heart of the great fish of Maui, its name being derived from Murakareke, the son of the ancestor Tūhoe.

(5) For Tūhoe, Te Urewera is their ewe whenua, their place of origin and return, their homeland.

(6) Te Urewera expresses and gives meaning to Tūhoe culture, language, customs, and identity. There Tūhoe hold mana by ahikāroa; they are tangata whenua and kaitiaki of Te Urewera.

(7) Te Urewera is prized by other iwi and hapū who have acknowledged special associations with, and customary interests in, parts of Te Urewera.

(8) Te Urewera is also prized by all New Zealanders as a place of outstanding national value and intrinsic worth; it is treasured by all for the distinctive natural values of its vast and rugged primeval forest, and for the integrity of those values; for its indigenous ecological systems and biodiversity, its historical and cultural heritage, its scientific importance, and as a place for outdoor recreation and spiritual reflection.

(9) Tūhoe and the Crown share the view that Te Urewera should have legal recognition in its own right, with the responsibilities for its care and conservation set out in the law of New Zealand. To this end, Tūhoe and the Crown have together taken a unique approach, as set out in Parts 5 to 7, to protecting Te Urewera in a way that reflects New Zealand’s culture and values.

(10) The Crown and Tūhoe intend Parts 5 to 7 to contribute to resolving the grief of Tūhoe and to strengthening and maintaining the connection between Tūhoe and Te Urewera.

The purpose of Parts 5 to 7 is to establish and preserve in perpetuity a legal identity and protected status for Te Urewera for its intrinsic worth, its distinctive natural and cultural values, the integrity of those values, and for its national importance, and in particular to—

• (a) strengthen and maintain the connection between Tūhoe and Te Urewera; and

• (b) preserve as far as possible the natural features and beauty of Te Urewera, the integrity of its indigenous ecological systems and biodiversity, and its historical and cultural heritage; and

• (c) provide for Te Urewera as a place for public use and enjoyment, for recreation, learning, and spiritual reflection, and as an inspiration for all.

(1) In achieving the purpose of Parts 5 to 7, all persons performing functions and exercising powers under Parts 5 to 7 must act so that, as far as possible,—

• (a) Te Urewera is preserved in its natural state:

• (b) the indigenous ecological systems and biodiversity of Te Urewera are preserved, and introduced plants and animals are exterminated:

• (c) Tūhoetanga, which gives expression to Te Urewera, is valued and respected:

• (d) the relationship of other iwi and hapū with parts of Te Urewera is recognised, valued, and respected:

• (e) the historical and cultural heritage of Te Urewera is preserved:

• (f) the value of Te Urewera for soil, water, and forest conservation is maintained:

• (g) the contribution that Te Urewera can make to conservation nationally is recognised.

(2) In achieving the purpose of Parts 5 to 7, all persons performing functions and exercising powers under Parts 5 to 7 must act so that the public has freedom of entry and access to Te Urewera, subject to any conditions and restrictions that may be necessary to achieve the purpose of Parts 5 to 7 or for public safety.

It is the intention of Parliament that the provisions of Parts 5 to 7 are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.

In Parts 5 to 7, unless the context otherwise requires,—

• (a) means the deed of settlement dated 4 June 2013 and signed by—

  • (i) the Right Honourable John Key, Prime Minister of New Zealand, the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, the Honourable Simon William English, Minister of Finance, and the Honourable Dr Pita Sharples, Minister of Māori Affairs for and on behalf of the Crown; and

  • (ii) Tāmati Kruger, Īharāira Tēmara, Irene Williams, Hinerangi Biddle, Tāhae Doherty, Clifford Ākuhata, Matthew Te Pou, Lorna Taylor, Kuini Beattie, Hārata Williams, Titia Graham, Waereti Tait-Rolleston, Rāwinia Higgins, and Rangihau Te Moana for and on behalf of Tūhoe; and

  • (iii) Tāmati Kruger, Te Tokawhakaea Tēmara, Patrick McGarvey, Tāmati Cairns, Martin Rakuraku, Matthew Te Pou, and Lorna Taylor, being the trustees of Tūhoe Te Uru Taumatua; and

• (b) includes—

  • (i) the schedules of, and attachments to, the deed; and

  • (ii) any amendments to the deed or its schedules and attachments

(1) The provisions of Parts 5 to 7 take effect on the settlement date, unless stated otherwise.

(2) Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—

• (a) the provision to have full effect on that date; or

• (b) a power to be exercised under the provision on that date; or

• (c) a duty to be performed under the provision on that date.

Parts 5 to 7 bind the Crown.

(1) This section is a guide to the overall scheme and effect of Parts 5 to 7, but does not affect the interpretation or application of the other provisions of Parts 5 to 7 or of the deed of settlement.

(2) In this Part,—

• (a) subpart 1 sets out the background to Parts 5 to 7, their purpose, and the principles for implementing them:

• (b) subpart 2 includes the definitions applying in Parts 5 to 7, the general rule as to when provisions take effect, and the fact that they bind the Crown:

• (c) subpart 3 creates the legal entity of Te Urewera, vests Te Urewera establishment land in Te Urewera, stipulates that, except if authorised by an Act of Parliament, Te Urewera land is inalienable, amends the National Parks Act 1980 to remove Te Urewera from the jurisdiction of that Act, and amends the Public Finance Act 1989 to recognise Te Urewera as a legal entity for certain purposes under that Act.

(3) In Part 6,—

• (a) subpart 1 establishes the Board that provides all the governance functions for Te Urewera, setting out its purposes, functions, and powers, and the process for the appointment of its members, as well as stating how the Board and the entity are to be treated for taxation purposes; further provisions relating to the Board are contained in Part 1 of Schedule 6:

• (b) subpart 2 and Part 2 of Schedule 6 set out the requirements for the contents, preparation, and approval of the Te Urewera management plan:

• (c) subpart 3 and Part 3 of Schedule 6 set out the requirements for the operational management of Te Urewera:

• (d) subpart 4 and Schedule 7 set out the bases for activities that may be carried out in Te Urewera, whether as of right or by virtue of the grant of an activity permit or concession, including how the Minister of Conservation may authorise activities relating to biological control in Te Urewera and the status of Te Urewera under the Crown Minerals Act 1991:

• (e) subpart 5 provides for review of the governance and management of Te Urewera:

• (f) Subpart 6 and Schedule 8 set out how compliance and enforcement is to be conducted in relation to Te Urewera.

(4) In Part 7,—

• (a) subpart 1 provides for the registration of Te Urewera establishment land and certain other matters that apply to all Te Urewera land, and also secures certain easements:

• (b) subpart 2 sets out the circumstances when private or public conservation land may be added to Te Urewera, makes provision for registration of that land, and also provides that land may be removed from Te Urewera, but only by an Act of Parliament:

• (c) subpart 3 gives powers to establish specially protected, wilderness, and amenity areas within Te Urewera and to covenant land:

• (d) subpart 4—

  • (i) makes provision for the status of certain areas within Te Urewera, namely Ruakituri (to remain a wilderness area but under Parts 5 to 7), Te Whāiti (declared a conservation area and part of the Whirinaki Te Pua-a-Tāne Conservation Park) and Onepoto (declared a conservation area but protected as if it were a national park); and

  • (ii) by agreement with the trustees of Te Rūnanga o Ngāti Manawa, removes the area defined as Tāwhiuau Maunga from Te Urewera National Park, excludes it from Te Urewera, and vests it inalienably in the name of Tangiharuru, a Ngāti Manawa ancestor. This subpart also provides that for management purposes, Tāwhiuau Maungais to be treated as if it were part of Te Urewera. The wider area defined as Tāwhiuau, which is within Te Urewera, is also within the jurisdiction of the Te Urewera Board, which must fulfil its obligations mindful of Ngāti Manawa values and that Tāwhiuau Maunga is vested in Tangiharuru.; and

  • (iii) provides for an agreement to be entered into between the Board and the trustees of Te Rūnanga o Ngāti Whare to provide for recognition of the special association and customary interest of Ngāti Whare in parts of Te Urewera.

(5) There are 5 schedules relating to Parts 5 to 7, setting out,—

• (a) in Schedule 5, the legal descriptions of Te Urewera settlement land and of Tāwhiuau Maunga:

• (b) in Schedule 6, provisions applying to the Board and its obligations under Parts 5 to 7:

• (c) in Schedule 7, provisions relating to authorisations for activities and other administrative matters:

• (d) in Schedule 8, provisions relating to compliance and enforcement:

• (e) in Schedule 9, consequential amendments to other Acts.

(1) Te Urewera is a legal entity, and has all the rights, powers, duties, and liabilities of a legal person.

(2) However,—

• (a) the rights, powers, and duties of Te Urewera must be exercised and performed on behalf of, and in the name of, Te Urewera—

  • (i) by Te Urewera Board; and

  • (ii) in the manner provided for in Parts 5 to 7; and

• (b) the liabilities are the responsibility of Te Urewera Board, except as provided for in section 202.

(1) Te Urewera establishment land ceases to be vested in the Crown.

(2) Any part of the establishment land that is—

• (a) a conservation area under the Conservation Act 1987 ceases to be a conservation area:

• (b) Crown land under the Land Act 1948 ceases to be Crown land:

• (c) a national park under the National Parks Act 1980 ceases to be a national park:

• (d) a reserve under the Reserves Act 1977 has the reserve status revoked.

(3) The fee simple estate in the establishment land vests in Te Urewera and is held under, and in accordance with, Parts 5 to 7.

Te Urewera land must not be alienated, mortgaged, charged, or otherwise disposed of, except—

• (a) in accordance with section 217; or

• (b) if a lease or an easement is granted under section 168(1).

(1) This section amends the National Parks Act 1980.

(2) Repeal section 6(1)(g) and (4).

(1) This section amends the Public Finance Act 1989.

(2) In section 27(3), after paragraph (ba). insert:

(3) After Schedule 5, insert:

(4) The Public Finance Act 1989 is consequentially amended in the manner shown in Schedule 9.

(1) Te Urewera Board is established.

(2) Further provision is made for matters relevant to the Board in Part 1 of Schedule 6.

The purposes of the Board are—

• (a) to act on behalf of, and in the name of, Te Urewera; and

• (b) to provide governance for Te Urewera in accordance with Parts 5 to 7.

(1) The functions of the Board are—

• (a) to prepare and approve Te Urewera management plan; and

• (b) to advise the persons managing Te Urewera on the implementation of the management plan, including by means such as—

  • (i) issuing an annual statement of priorities for implementing the management plan:

  • (ii) undertaking any specified functions in relation to the annual operational plan for Te Urewera:

  • (iii) monitoring the implementation of the annual operational plan; and

• (c) to initiate proposals and make recommendations for—

  • (i) adding land to, or removing land from, Te Urewera; and

  • (ii) acquiring interests in land; and

  • (iii) establishing specially protected areas, wilderness areas, and amenity areas within Te Urewera; and

• (d) to make bylaws for Te Urewera; and

• (e) to authorise activities that must not otherwise be undertaken in Te Urewera without an authorisation under Part 6; and

• (f) to prepare or commission reports, advice, or recommendations on matters relevant to the purposes of the Board; and

• (g) to promote or advocate for the interests of Te Urewera in any statutory process or at any public forum; and

• (h) to liaise with, advise, or seek advice from any agency, local authority, or other entity on matters relevant to the purposes of the Board; and

• (i) to perform any other function of the Board specified in Parts 5 to 7 or in any other enactment; and

• (j) to take any other action that the Board considers to be relevant and appropriate in achieving its purposes.

(2) In performing its functions, the Board may consider and give expression to—

• (a) Tūhoetanga:

• (b) Tūhoe concepts of management such as—

  • (i) rāhui:

  • (ii) tapu me noa:

  • (iii) mana me mauri:

  • (iv) tohu.

(3) In this section, in accordance with the understanding of Tūhoe,—

(1) The Board has full capacity and all the powers reasonably necessary to achieve its purposes and perform its functions.

(2) In performing its functions, the Board must act consistently with—

• (a) Parts 5 to 7; and

• (b) Te Urewera management plan; and

• (c) any other lawful requirement.

(3) Except as provided in Parts 5 to 7, the Board may determine its own procedure.

(1) The Board must consider and provide appropriately for the relationship of iwi and hapū and their culture and traditions with Te Urewera when making decisions, including—

• (a) the approval of Te Urewera management plan; and

• (b) the adoption of the Board's annual statement of priorities; and

• (c) the acceptance of the annual operational plan; and

• (d) the making of a recommendation to add land to Te Urewera or remove land from Te Urewera; and

• (e) the making of a recommendation to establish a specially protected area, a wilderness area, or an amenity area; and

• (f) the grant of an activity permit or a concession in Te Urewera; and

• (g) the imposition of controls on access to parts of Te Urewera; and

• (h) the making of bylaws.

(2) The purpose of subsection (1) is to recognise and reflect—

• (a) Tūhoetanga; and

• (b) the Crown's responsibility under the Treaty of Waitangi (Te Tiriti o Waitangi).

(1) For the first 3 years after the settlement date, the Board consists of 8 members, appointed as follows:

• (a) 4 members appointed by the trustees of Tūhoe Te Uru Taumatua; and

• (b) 4 members appointed jointly by the Minister and the Minister for Treaty of Waitangi Negotiations (the Ministers).

(2) From the third anniversary of the settlement date, the Board is to consist of 9 members, appointed as follows:

• (a) 6 members appointed by the trustees of Tūhoe Te Uru Taumatua; and

• (b) 3 members appointed by the Minister.

(3) In making an appointment, an appointer must consider whether the proposed member has the mana, standing in the community, skills, knowledge, or experience—

• (a) to participate effectively in the Board; and

• (b) to contribute to achieving the purposes of the Board.

(4) Before making any appointment, each appointer must—

• (a) notify the other appointer of the proposed appointment; and

• (b) seek the views of the other appointer as to whether the proposed member meets the criteria of subsection (3); and

• (c) consider the views expressed by the other appointer.

(5) Before appointments are made under subsection (1)(b) or (2)(b), the Minister must seek a recommendation from the New Zealand Conservation Authority in relation to 1 of the members to be appointed by the Ministers or Minister, as appropriate.

(6) Any recommendation received under subsection (5) must be considered by the Minister, but the Minister—

• (a) is not obliged to give effect to the recommendation; and

• (b) may consider a recommendation from any other person.

(7) In this subpart, appointers means,—

• (a) in relation to the first term of the Board, the trustees of Tūhoe Te Uru Taumatua and the Ministers:

• (b) in relation to the subsequent terms of the Board, the trustees of Tūhoe Te Uru Taumatua and the Minister.

(1) A natural person who is a disqualified person must not be appointed as a member of the Board.

(2) In subsection (1), a disqualified person is a person—

• (a) who is an undischarged bankrupt; or

• (b) who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, or the Securities Act 1978, or the Securities Markets Act 1988, or the Takeovers Act 1993; or

• (c) who is subject to a property order under the Protection of Personal and Property Rights Act 1988; or

• (d) in respect of whom a personal order has been made under the Protection of Personal and Property Rights Act 1988 that reflects adversely on the person's—

  • (i) competence to manage his or her own affairs in relation to his or her property; or

  • (ii) capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or

• (e) who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person; or

• (f) who is a member of Parliament; or

• (g) who is disqualified under another Act.

Before an appointment made under section 128 takes effect, a proposed member must make a declaration in writing to confirm that the member will, if appointed,—

• (a) act in a manner that achieves the purposes of the Board and for no other purpose; and

• (b) act in good faith and not pursue his or her own interests at the expense of the interests of Te Urewera or the Board; and

• (c) work with the other members to assist the Board to strive for unanimous or consensus decision making, as the context requires; and

• (d) act with honesty and integrity as a member of the Board; and

• (e) exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances; and

• (f) promote the highest level of collaboration among the members of the Board, in accordance with paragraphs (a) to (e); and

• (g) not contravene, cause the contravention of, or agree to the Board contravening Parts 5 to 7.

(1) The members of the Board must appoint a member appointed by the trustees to be the chair of the Board.

(2) The chair is appointed for the same 3-year term as the members of the Board, unless the chair resigns, is removed from that office by the Board, or otherwise vacates the office.

(3) A chair may be reappointed as chair, but for not more than 3 consecutive terms.

(4) However, a chair may hold that office for more than 3 terms, as long as the office is not held by the same person for more than 3 consecutive terms.

(5) If a chair is absent from 3 consecutive meetings, the Board must, in accordance with subsection (1), appoint a member appointed by the trustees to be the acting chair to act instead of the chair for the subsequent 3 meetings.

(6) If a chair is absent for 6 consecutive meetings, the office of the chair is vacated and the Board must appoint a member appointed by the trustees to be the new chair.

(1) The members of the Board must appoint a member to be the deputy chair of the Board.

(2) The deputy chair is appointed for the same 3-year term as the members of the Board, unless the deputy chair resigns, is removed from that office by the Board, or otherwise vacates the office.

(3) A deputy chair may be reappointed as deputy chair, but for not more than 3 consecutive terms.

(4) However, a deputy chair may hold that office for more than 3 terms, as long as the office is not held by the same person for more than 3 consecutive terms.

(1) The first term of the Board—

• (a) commences on the settlement date; and

• (b) ends on the day immediately before the third anniversary of the settlement date.

(2) Each subsequent term of the Board—

• (a) commences on the third anniversary of the date on which the previous term commenced; and

• (b) ends on the day immediately before the third anniversary of the commencement of that term.

(1) The members of the Board are appointed for a term of 3 years from the commencement of a term of the Board, unless a member resigns, is removed from office by the appointer of that member, or otherwise vacates office.

(2) A member may be reappointed, but for no more than 3 consecutive terms.

(3) However, a member may be appointed for more than 3 terms, as long as the member is not appointed for more than 3 consecutive terms.

(1) A member of the Board may be removed by, and at the sole discretion of, the appointer of that member.

(2) If a member becomes disqualified under section 129(2), that person is no longer a member of the Board.

(3) Written notice of the removal of a member must be given,—

• (a) in the case of a removal under subsection (1), by the relevant appointer to—

  • (i) the member removed; and

  • (ii) the Board; and

  • (iii) the other appointer; and

• (b) in the case of an removal under subsection (2), by the Board to—

  • (i) the member; and

  • (ii) both appointers.

(4) A member may resign by written notice to the appointer of the member and to the Board.

(1) If a member is removed or resigns, or the office of a member otherwise becomes vacant, there is an extraordinary vacancy on the Board.

(2) An extraordinary vacancy must be filled in the same manner as the appointment giving rise to the vacancy was made, except that the replacement appointment is for the remainder of the term of the Board to which the vacating member was appointed.

(3) The ability of the Board to exercise its functions is not affected by—

• (a) an extraordinary vacancy; or

• (b) a failure by an appointer to make an appointment or a replacement appointment.

A member of the Board who has acted in good faith in the course of the Board performing its functions is not personally liable for any act or omission of the Board or of any member of the Board.

(1) In participating in any decision making, every member of the Board must—

• (a) act for no other purpose than to achieve the purposes of the Board; and

• (b) promote unanimous or consensus decision making, as the context requires; and

• (c) promote the highest level of collaboration among the members of the Board.

(2) All decisions of the Board must be made at a meeting of the Board.

In relation to the Board's decisions, the chair's role includes—

• (a) the provision of leadership; and

• (b) the promotion of unanimous or consensus decision making, as the context requires; and

• (c) the promotion of the highest level of collaboration among the members of the Board; and

• (d) at the sole discretion of the chair, initiation of—

  • (i) mediation or other process to assist in decision making; and

  • (ii) the process for voting under section 143.

(1) The Board must strive to make the following decisions by unanimous agreement:

• (a) the appointment of the chair and deputy chair of the Board; and

• (b) the approval of Te Urewera management plan and any amendment to it; and

• (c) the delegation of the Board's functions and powers; and

• (d) the adoption of the Board's annual statement of priorities; and

• (e) the acceptance by the Board of the annual operational plan; and

• (f) a recommendation by the Board to add land to Te Urewera; and

• (g) a recommendation by the Board to remove land from Te Urewera; and

• (h) a recommendation by the Board to establish a specially protected area, wilderness area, or amenity area in Te Urewera; and

• (i) the appointment or revocation of appointment of a committee; and

• (j) the replacement or amendment of the terms of an appointment of a committee; and

• (k) the making of bylaws.

(2) If, after reasonable discussion, the chair considers that it is not practicable to reach a unanimous decision, the chair may, at his or her sole discretion, declare that the Board's decision is to be made as a consensus decision in accordance with section 141.

(1) The Board must strive to make the following decisions by consensus:

• (a) a decision of a kind not referred to in section 140(1); and

• (b) a decision declared to require a consensus decision under section 140(2).

(2) If, after reasonable discussion, the chair considers that it is not practicable for the Board to reach a consensus decision, the chair may, at his or her sole discretion, declare that the decision will be made by a vote of the Board.

(3) However, the chair may, at his or her sole discretion, at any time in the decision-making process,—

• (a) appoint a mediator to assist the Board to make a decision:

• (b) initiate any other process or take any other action to assist the Board to make a decision.

If the chair initiates mediation under section 139(d)(i), the chair must notify the Board and the mediator of—

• (a) the mediation process to be adopted; and

• (b) the time within which the mediation process must be undertaken.

(1) If the chair declares that it is not practicable to reach a consensus decision after reasonable discussion, a decision may be made by voting, with the support of—

• (a) a minimum of 80% of the members present and voting at a meeting of the Board; and

• (b) not fewer than 2 members appointed by the Minister or Ministers, as appropriate.

(2) The chair (or the deputy chair, if the chair is not present) has a deliberative vote, but not a casting vote.

(1) The Board may delegate decision making to a committee of the Board set up in accordance with Part 1 of Schedule 6.

(2) The Board must specify the terms of appointment of a committee, including whether, and in what circumstances, the committee must refer a decision to the Board for confirmation or for a final decision.

(1) Before the beginning of each financial year, the Board, the chief executive, and the Director-General must develop and agree a budget for the performance of the powers of the Board and the exercise of its powers for that financial year.

(2) The [chief executive] chief executive and the Director-General must contribute equally to the costs provided for in the budget, unless both agree to a different contribution.

(1) All revenue received by the Board must be paid into a bank account of the Board and applied, as directed by the Board, for achieving the purpose of Parts 5 to 7.

(2) Money received by the Board as a gift or bequest must be applied in accordance with any directions from the gifter or bequestor for its use or for a particular purpose in Te Urewera, but otherwise must be used in accordance with subsection (1).

(1) In this section, Inland Revenue Acts has the meaning given in section 3(1) of the Tax Administration Act 1994.

(2) For the purposes of the Inland Revenue Acts and the liabilities and obligations placed on a person under those Acts, Te Urewera and the Board are deemed to be the same person.

(3) In particular (and to avoid doubt),—

• (a) income derived by Te Urewera is treated as income derived by the Board; and

• (b) expenditure incurred by Te Urewera is treated as expenditure incurred by the Board; and

• (c) the application of funds attributable to Te Urewera is treated as the application of funds attributable to the Board; and

• (d) goods and services supplied by Te Urewera are treated as goods and services supplied by the Board; and

• (e) good and services acquired by Te Urewera are treated as goods and services acquired by the Board; and

• (f) obligations placed on Te Urewera under section 15B of the Tax Administration Act 1994 are treated as obligations placed on the Board.

(4) A notice issued by the Commissioner of Inland Revenue to Te Urewera is treated for the purposes of the Inland Revenue Acts as a notice to the Board.

(5) Despite subsections (2) to (4), Te Urewera and the Board are jointly and severally liable under the Inland Revenue Acts.

(6) The Income Tax Act 2007 is consequentially amended in the manner shown in Schedule 9.

Except as expressly provided in Parts 5 to 7, Parts 5 to 7 and the deed of settlement do not limit—

• (a) any enactment or rule of law; or

• (b) the statutory functions and powers exercised by a body within Te Urewera, including the statutory powers and functions of—

  • (i) a local authority; or

  • (ii) the New Zealand Fish and Game Council; or

  • (iii) a Fish and Game Council with jurisdiction in the locality of Te Urewera.

The following Acts apply to the Board:

• (a) the Official Information Act 1982; and

• (b) the Ombudsmen Act 1975; and

• (c) the Public Audit Act 2001.

Despite section 147,—

• (a) work undertaken within Te Urewera by the Board, chief executive, or Director-General does not require a resource consent under section 9(3) of the Resource Management Act 1991 if that work—

  • (i) is for the purpose of managing Te Urewera under Parts 5 to 7; and

  • (ii) is consistent with Parts 5 to 7 and the management plan; and

  • (iii) does not have a significant adverse effect on the environment beyond the boundary of Te Urewera; and

• (b) section 11 and Part 10 of the Resource Management Act 1991 do not apply to leases over Te Urewera granted by the Board under Parts 5 to 7.

(1) The Board must prepare and approve Te Urewera management plan in accordance with this subpart.

(2) Public notice, as required by clause 19(1)(c) of Schedule 6, must be given not later than 1 year after the settlement date that a draft management plan is to be prepared.

(3) Further provision is made for the preparation, notification, consideration, and approval of the management plan in Part 2 of Schedule 6.

The purpose of Te Urewera management plan is—

• (a) to identify how the purpose of Parts 5 to 7 is to be achieved through the management of Te Urewera; and

• (b) to set objectives and policies for Te Urewera.

(1) The management plan must—

• (a) state the objectives and policies for the integrated management of Te Urewera; and

• (b) identify relevant values at places within Te Urewera, including values relating to—

  • (i) indigenous species, habitats, and ecosystems; and

  • (ii) cultural and historical heritage; and

  • (iii) recreational values; and

  • (iv) scenic, geological, soil, and landform features; and

  • (v) freshwater fisheries and freshwater fish habitats; and

• (c) identify the outcomes planned for specified places within Te Urewera—

  • (i) that are consistent with the values under paragraph (b); and

  • (ii) that take into account relevant national species recovery and management objectives; and

• (d) explain how any conflicts between planned outcomes will be resolved; and

• (e) identify any effects of activities undertaken within Te Urewera and explain how adverse effects are to be minimised; and

• (f) identify any places in Te Urewera that have been given international recognition in agreements ratified or given legal standing in New Zealand and provide for the management of those places accordingly, where this is consistent with the purpose of Parts 5 to 7; and

• (g) identify whether there is a need to create specially protected areas, wilderness areas, or amenity areas; and

• (h) identify the criteria for decision making in respect of Te Urewera, including decisions on applications for activity permits and concessions; and

• (i) identify what regular monitoring and evaluation of Te Urewera ought to be undertaken; and

• (j) identify the matters proposed to be regulated by bylaws.

(2) The management plan may address any other matters relevant to achieving the purpose of Parts 5 to 7.

(1) Every person or entity that prepares, approves, or reviews the management plan may have regard to any relevant conservation planning document.

(2) Every person or entity that prepares, approves, or reviews a conservation planning document that is relevant to Te Urewera must have regard to the management plan.

(1) The Board must commence a review of the management plan not later than 10 years after the date of the previous approval of that plan.

(2) Despite subsection (1), the Board may undertake a review of the management plan, in whole or in part, and amend it if, at any time, it considers that is necessary or desirable to ensure that the plan takes account of increased knowledge or changing circumstances.

(3) Amendments must be made in accordance with section 154(1) and the process set out in Part 2 of Schedule 6.

(4) However, the provisions of clauses 22(4) and 23 of Schedule 6 may be followed for making an amendment if the Board considers the amendment to be such that it does not materially affect—

• (a) the objectives and policies expressed in the management plan; or

• (b) the public interest in Te Urewera.

(1) Until the date when the management plan required by section 151 is approved under this Part, Te Urewera National Park management plan approved on 12 February 2003 under section 48 of the National Parks Act 1980 applies to Te Urewera, to the extent that it is not inconsistent with sections 111 and 112, as if that plan were approved for Te Urewera.

(2) To avoid doubt, section 155 applies to the Te Urewera National Park management plan, with the necessary modifications, until the date when the management plan required by section 151 is approved under this Part.

(1) The chief executive and the Director-General are responsible for the operational management of Te Urewera.

(2) The operational management of Te Urewera must be in accordance with—

• (a) Parts 5 to 7; and

• (b) Te Urewera management plan; and

• (c) the Board's statement of priorities; and

• (d) the annual operational plan.

(3) The process for preparing an operational plan is set out in Part 3 of Schedule 6.

(1) Each year the Board must adopt and issue a statement of priorities for implementing the management plan in the following year.

(2) The Board must—

• (a) give public notice, in whatever manner it considers appropriate, of its adoption of the statement of priorities; and

• (b) provide a copy of the statement of priorities to the chief executive and the Director-General.

(1) The Director-General and every other person who performs functions and exercises powers and duties under the Conservation Act 1987 has the powers that are necessary or expedient for the performance of the functions and exercise of the powers and duties under Parts 5 to 7.

(2) Those functions, powers, and duties must be performed and exercised in accordance with—

• (a) Parts 5 to 7; and

• (b) the Conservation Act 1987.

(3) Subsection (2)(b) does not limit subsection (2)(a).

(1) Each year the chief executive and the Director-General must prepare an annual operational plan for the operational management of Te Urewera in the following year.

(2) The operational plan must—

• (a) reflect the purpose of Parts 5 to 7; and

• (b) as far as practicable, implement the management plan; and

• (c) as far as practicable, implement the Board's statement of priorities for the relevant year; and

• (d) identify the funding for the management of Te Urewera for the relevant year that is available from—

  • (i) the chief executive; and

  • (ii) the Director-General; and

• (e) describe the management activities that are planned for Te Urewera, including—

  • (i) capital and operational projects; and

  • (ii) policy and planning projects; and

  • (iii) projects spanning more than 1 financial year; and

  • (iv) restoration and maintenance activities; and

  • (v) contracts for management activities; and

  • (vi) the processing of applications for concessions and activity permits; and

  • (vii) the monitoring of activities undertaken under activity permits and concessions; and

• (f) identify the responsibility of the chief executive and Director-General for particular management activities; and

• (g) identify opportunities for members of Tūhoe to carry out or participate in management activities; and

• (h) identify priorities and actions for building Tūhoe capability to undertake operational management in Te Urewera; and

• (i) include any other information relevant to the operational management of Te Urewera.

(3) The annual operational plan may refer to funding that extends over more than 1 year.

(4) The nature and extent of funding referred to in subsection (2)(d) is solely at the discretion of the body or person providing that funding.

(5) Implementation of the matters identified under subsection (2)(b), (c), and (e) is required only to the extent that funding and other resources make that practicable.

(1) The chief executive or the Director-General may appoint persons to act in an honorary capacity as kaimahi for the purposes of operational management in Te Urewera.

(2) Persons appointed under subsection (1)—

• (a) may be appointed for a term of not more than 3 years, but may be reappointed; and

• (b) are not employed, or deemed to be employed, in the service of the Sovereign for the purposes of—

  • (i) the State Sector Act 1988:

  • (ii) the Government Superannuation Fund Act 1956.

(1) There are 4 categories of activity that may be undertaken in Te Urewera, as follows:

• (a) activities described in section 163 (activities for which no authorisation is required):

• (b) activities described in section 165 (activities which may only be undertaken if authorised by an activity permit granted by the Board):

• (c) activities (including a trade, business, or occupation) authorised by a concession granted by the Board under section 168:

• (d) activities otherwise authorised by or under Parts 5 to 7.

(2) An activity permit or concession obtained from the Board under this subpart does not exempt a person from obtaining any other authorisation required by any other enactment.

(3) Further provision is made in Schedule 7 for the granting and operating of activity permits and concessions.

The following classes of activity may be undertaken in Te Urewera without authorisation:

• (a) a cultural, recreational, or educational activity that—

  • (i) is undertaken by an individual or group without any specific gain or reward for that activity, whether pecuniary or otherwise (other than a reasonable charge to recover the reasonable expenses of organising the activity); and

  • (ii) otherwise complies with Parts 5 to 7:

• (b) a mining activity that is authorised under the Crown Minerals Act 1991:

• (c) an activity carried out by or on behalf of the Board, the chief executive, or the Director-General in relation to the management of Te Urewera under Parts 5 to 7, the management plan, and the annual operational plan:

• (d) an activity that is necessary to—

  • (i) save or protect human life or health; or

  • (ii) prevent serious damage to property; or

  • (iii) avoid an actual or likely adverse effect on the environment within Te Urewera.

(1) Any person may apply to the Board for authorisation of an activity under an activity permit or a concession, as relevant.

(2) In determining an application, the Board must be satisfied—

• (a) that a proposed activity is not contrary to Parts 5 to 7; and

• (b) in the case of the activities described in clauses 1 to 6 of Schedule 7, that the requirements of those clauses are complied with.

The following activities must not be undertaken in Te Urewera unless they are authorised by an activity permit issued by the Board:

• (a) taking, cutting, or destroying any plant, whether indigenous or exotic:

• (b) disturbing, trapping, taking, hunting, or killing any animal, whether indigenous or exotic (other than sports fish):

• (c) possessing dead protected wildlife for any cultural or other purpose:

• (d) entering specially protected areas:

• (e) making a road or altering an existing road:

• (f) establishing accommodation:

• (g) farming:

• (h) recreational hunting:

• (i) any activity that would otherwise be an offence under Parts 5 to 7.

(1) The Board must develop and make publicly available, in whatever manner it considers appropriate, a process and procedures for receiving, processing, and determining applications for activity permits.

(2) The process must accord with good administrative practice and must cover such matters as—

• (a) the power of the Board to request further information or commission reports:

• (b) the power of the Board to set fees for processing applications or for the use of facilities and structures, as provided for in clause 34 of Schedule 7:

• (c) criteria for when it will be appropriate to give public notice, as provided for in clause 35 of Schedule 7, in relation to an application, accepting public submissions, and conducting a public hearing:

• (d) the power of the Board to reject an application as being incomplete or inconsistent with Parts 5 to 7 or the management plan:

• (e) the power of the Board to impose conditions on an activity permit.

(1) The Board and the Director-General must jointly develop and make available a process for dealing with applications for authorisations that are required under both this subpart and the Wildlife Act 1953.

(2) The process required by subsection (1) must—

• (a) promote an efficient processing and determination of those applications; and

• (b) preserve the ability of each statutory decision maker to determine an application in accordance with the relevant enactment.

(3) The Board may grant an activity permit to possess, for cultural purposes, dead protected wildlife found and lawfully taken in Te Urewera.

(4) If the Board has granted an activity permit under subsection (3), a permit is not required under the Wildlife Act 1953 for that activity.

As soon as is reasonably practicable after the settlement date, the Board and the Fish and Game Council with jurisdiction in the locality of Te Urewera must commence discussions for the purpose of entering into a memorandum of understanding that records how the Board and the relevant Council will work together in a co-ordinated and co-operative way to ensure that they carry out their statutory functions under Parts 5 to 7 and the Conservation Act 1987.

(1) The Board may grant concessions in the form of a lease, licence, permit, or easement, but only if the activity to which the concession relates is not inconsistent with the management plan.

(2) Every activity that is or includes a trade, business, or occupation undertaken for specific gain or other reward, whether pecuniary or otherwise, must be authorised by a concession.

(3) Application must not be made for a concession if the Board has exercised a power under clause 30 of Schedule 7 to initiate a process and the application would be inconsistent with that process.

(1) In order to control wild animals, animal pests, or plant pests in Te Urewera, the Minister may approve the introduction of any biological control organism into Te Urewera.

(2) Before granting an approval, the Minister must—

• (a) consult the Board and have regard to its views; and

• (b) undertake a risk assessment, including an assessment of alternative methods of control, based on scientific advice supported by research; and

• (c) have regard to whether—

  • (i) a biological control organism, if introduced into Te Urewera, would itself become a problem or adversely affect any indigenous organism; and

  • (ii) there is sufficient scientific advice supported by research to indicate that the adverse impacts described in subparagraph (i) would occur.

(3) The Minister must not grant an approval under subsection (1) that is inconsistent with—

• (a) any relevant enactment, including Parts 5 to 7; or

• (b) the management plan; or

• (c) any relevant conservation planning document.

(1) Despite anything in Parts 5 to 7, Te Urewera land is to be treated as if it were Crown land described in Schedule 4 of the Crown Minerals Act 1991.

(2) Section 61 of the Crown Minerals Act 1991 applies to the Board as if references to the appropriate Minister or Minister of Conservation in that section were references to the Board.

(1) An independent review of the governance and management of Te Urewera must be undertaken, commencing on the fifth anniversary of the settlement date.

(2) The purpose of the review is to review—

• (a) the extent to which the purpose of Parts 5 to 7 is being achieved; and

• (b) without limiting the generality of paragraph (a),—

  • (i) the functioning of the Board; and

  • (ii) the decision-making process of the Board, including the voting process provided for by section 143; and

  • (iii) the structure and functioning of any committees; and

  • (iv) the funding for the governance and management of Te Urewera.

(3) The review must provide recommendations, if appropriate, to the appointers on any matter considered in the review.

(4) Further reviews may be conducted at any later date by agreement of the relevant appointers.

(1) The chair of the trustees and the Minister must jointly appoint a reviewer for the purpose of section 171, or may appoint more than 1 reviewer as a review panel.

(2) The appointment must include the terms of reference.

(3) The reviewer must act in accordance with the terms of reference.

(4) In this section and sections 173 and 174, reviewer includes a review panel of more than 1 reviewer.

(1) In undertaking the review, the reviewer must discuss matters that the reviewer considers relevant to the review with—

• (a) the Board; and

• (b) the chief executive and the Director-General; and

• (c) other persons or entities that the reviewer considers appropriate.

(2) The Board, the chief executive, and the Director-General must—

• (a) co-operate with and assist the reviewer in undertaking the review; and

• (b) provide information that is reasonably requested by the reviewer if it is reasonably practicable to do so.

(3) The reviewer must provide a draft report to the Board, the chair of the trustees, and the Minister, who may provide comments to the reviewer.

(4) The reviewer must consider those comments and supply the final report to those persons.

(1) The chair of the trustees and the Minister must, as soon as is reasonably practicable, consider and agree their response to the findings and recommendations of the reviewer set out in the final review report.

(2) The final review report must be—

• (a) made publicly available by the chair of the trustees and the Minister; and

• (b) presented to the House of Representatives by that Minister.

(3) The chair of the trustees and the Minister must work together to implement their agreed response to the final review report.

The costs of the independent review conducted under this subpart must be met equally by the persons appointing the reviewer.

(1) The Board may make bylaws to regulate conduct, including bylaws for any of the following purposes:

• (a) the management, safety, and preservation of Te Urewera and the safety and preservation of the indigenous plants and animals in Te Urewera:

• (b) the safety and protection of the public using Te Urewera:

• (c) excluding the public from any specified part of Te Urewera:

• (d) prescribing the conditions on which persons may—

  • (i) have access to, or be excluded from, any part of Te Urewera:

  • (ii) use any building or facility in Te Urewera:

• (e) prescribing charges for the admission of persons to any part of Te Urewera set apart for a specified purpose of public recreation or for the use of any building or facility:

• (f) prescribing conditions on which persons may be permitted to enter, or remain in, a wilderness area within Te Urewera:

• (g) prescribing conditions for the use of camping sites or picnic places in Te Urewera and fixing charges for their use:

• (h) prohibiting or regulating the use or parking of vehicles or the use or mooring of boats in Te Urewera:

• (i) setting apart parking areas within Te Urewera, prescribing conditions and fixing charges for their use, and providing for the removal of motor vehicles that are parked in breach of the conditions:

• (j) prohibiting or regulating the use of internal combustion engines in Te Urewera, whether or not the engine is the means of propulsion of a vehicle, boat, machine, or appliance:

• (k) prescribing the safety devices that must be fitted to any machinery or device operated in Te Urewera under the authority of an agreement made, or a lease or licence granted, by the Board, including regulation of the operation and maintenance of the machinery or device:

• (l) prohibiting aircraft from hovering over or landing on any part of Te Urewera:

• (m) prescribing conditions on which operators and pilots in command of aircraft may land, take off, or set down, pick up, or recover within Te Urewera any person, livestock, carcass, or article of any kind:

• (n) prohibiting or restricting animals from being taken into, or used in, Te Urewera:

• (o) prescribing, for the breach of any bylaw made under this section, fines not exceeding—

  • (i) $10,000 in any 1 case in respect of a breach of bylaws prescribed under paragraphs (l) or (m):

  • (ii) $5,000 in any 1 case in respect of any other bylaws made under this section.

(2) If the Board intends to make a bylaw under this section, the Board—

• (a) must seek advice on the content of the proposed bylaw from the chief executive and the Director-General and may seek comments from other persons or organisations that the Board considers appropriate; and

• (b) must, together with the chief executive and the Director-General, prepare a draft set of bylaws to submit to the Minister for approval.

(3) Bylaws made under this section—

• (a) must be consistent with Parts 5 to 7 and the management plan; and

• (b) must be approved by the Minister and, once approved, notified in the Gazette by the Minister; and

• (c) take effect on the date specified in the Gazette notice.

(4) Despite any other enactment, bylaws made under this section are disallowable instruments but not legislative instruments for the purpose of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(5) Bylaws made under the National Parks Act 1980 and applying immediately before the settlement date to Te Urewera land remain in force until they expire or are revoked under the National Parks Act 1980.

(1) The Board may prepare and approve a compliance and enforcement policy for Te Urewera.

(2) For the purpose of undertaking compliance and enforcement under this subpart, the chief executive and the Director-General must—

• (a) agree the content of training that is appropriate for the exercise of the compliance and enforcement powers and duties of warranted officers; and

• (b) make provision for such training.

(3) All persons responsible for undertaking compliance and enforcement duties must have regard to any compliance and enforcement policy approved by the Board.

(4) The chief executive and the Director-General must—

• (a) co-ordinate the exercise of compliance and enforcement powers conferred by Parts 5 to 7; and

• (b) jointly submit to the Board an annual report on the compliance and enforcement undertaken in Te Urewera.

(5) In this section, warranted officer means a person who is issued with a written warrant under section 178, whether that person is—

• (a) employed by the chief executive or the Director-General for compliance and enforcement duties under Parts 5 to 7; or

• (b) engaged in an honorary capacity by the chief executive or the Director-General for compliance and enforcement duties under Parts 5 to 7.

(1) The chief executive and the Director-General may jointly issue a written warrant to a person if the chief executive and the Director-General—

• (a) agree that the person is a fit and proper person to exercise and perform the powers and duties of a warranted officer; and

• (b) are satisfied that the person has—

  • (i) received the appropriate training; and

  • (ii) received the required qualification associated with that training.

(2) A warrant issued under this section—

• (a) must state the powers that the person is authorised to exercise:

• (b) may be issued for a term not exceeding 3 years and may be renewed:

• (c) may be surrendered voluntarily by written notice to the chief executive or Director-General, as appropriate:

• (d) must be surrendered to the chief executive or Director-General, as appropriate, when the term of appointment ends or the person ceases to be warranted for any reason.

A warranted officer may exercise the powers conferred by Parts 5 to 7.

Every constable has the powers of a warranted officer for the purposes of compliance and enforcement under Parts 5 to 7.

(1) The following persons may exercise, within Te Urewera, the powers and duties conferred on them by or under other legislation:

• (a) rangers appointed under section 38(1) of the Wildlife Act 1953; and

• (b) fish and game rangers appointed under section 26FA of the Conservation Act 1987, in respect of sports fish and game birds; and

• (c) fishery officers and honorary fishery officers appointed under Part 11 of the Fisheries Act 1996, in respect of freshwater fisheries.

(2) Clauses 4 and 5 of Schedule 8 apply to existing and temporary warrants issued under the Conservation Act 1987.

(1) Every person commits an offence who, without being authorised under Parts 5 to 7, the Crown Minerals Act 1991, or any bylaw made under section 176,—

• (a) causes or allows an animal owned by, or under the control of, that person to trespass on Te Urewera; or

• (b) takes an animal into, or liberates an animal in, Te Urewera; or

• (c) plants a plant, or sows or scatters the seed of a plant, or introduces any substance that the person knows or ought to have known is injurious to plant or animal life, in Te Urewera; or

• (d) removes or wilfully damages any, or any part of, any plant, stone, mineral, gravel, kauri gum, or protected New Zealand object in Te Urewera; or

• (e) wilfully digs, cuts, excavates, or damages the turf in Te Urewera; or

• (f) occupies or uses any land in Te Urewera for cultivation or any other purpose; or

• (g) wilfully damages or defaces a fence, a building, or any apparatus in Te Urewera; or

• (h) takes, destroys, or wilfully injures, or in any manner disturbs or interferes with, an indigenous animal or the nest or eggs of a indigenous animal in Te Urewera; or

• (i) erects a building, a sign, a hoarding, or any apparatus in Te Urewera; or

• (j) does anything in Te Urewera that requires a lawful authority under Parts 5 to 7—

  • (i) without an authority; or

  • (ii) in breach of the authority; or

• (k) in any way interferes with or damages a natural or historic feature of Te Urewera; or

• (l) refuses to give the information when requested under clause 6 of Schedule 8; or

• (m) after being asked to desist or stop under clause 7 or 8 of Schedule 8, fails to do so.

(2) Every person commits an offence against Parts 5 to 7 who,—

• (a) when required by notice from the chief executive or the Director-General to remove from Te Urewera an animal owned by, or under the control of, that person, fails to do so within the period specified in the notice:

• (b) being the driver of a vehicle or the pilot of an aircraft or the person in charge of a boat that is illegally in Te Urewera or part of it, fails or refuses to remove that vehicle, aircraft, or boat when required to do so by a warranted officer:

• (c) without a concession or other right or authority, does or causes something to be done for which a concession or other right or authority is required by Parts 5 to 7:

• (d) unlawfully alters, obliterates, defaces, pulls up, removes, interferes with, or destroys boundary marks, or a stamp, mark, sign, poster, intentions book, concession, or right or authority issued by the Board, the chief executive, or the Director-General.

(3) Every person commits an offence against Parts 5 to 7 who uses, receives, sells, or otherwise disposes of an item specified in subsection (1)(d) or (h) knowing it to have been removed unlawfully from Te Urewera.

(4) Every person commits an offence against Parts 5 to 7 who, without being authorised under Parts 5 to 7,—

• (a) is in possession of a chainsaw, firearm, trap, net, or other like object in Te Urewera; or

• (b) discharges a firearm in Te Urewera; or

• (c) from outside Te Urewera, shoots at an animal or other object or thing inside Te Urewera with a firearm.

(5) If a person is found discharging a firearm in breach of subsection (4), clause 11(8) of Schedule 8 applies to that firearm as if it were illegally in the possession of that person in Te Urewera.

(6) Every person commits an offence against Parts 5 to 7 who breaches a bylaw made under section 176 and is liable on conviction to the penalty prescribed under section 176(1)(o).

(7) In addition to any penalty for which the person may be liable, a person convicted of an offence under this section is liable to pay the cost of any loss or damage, or expenses caused by or arising from the action constituting the offence (which may include salaries, wages, and incidental expenses incurred in investigating the offence or in remedying the loss or damage caused by that action).

(8) The proof of authorisation for the purposes of subsection (1) or (4) must be established by the person charged.

(9) For the purpose of subsection (7), the cost or value must be assessed by a District Court Judge and is recoverable as if it were incurred as a fine.

Every person commits an offence against Parts 5 to 7 who—

• (a) wilfully obstructs a warranted officer acting in the execution of any of the functions, powers, or duties conferred or imposed by or under this subpart:

• (b) not being a warranted officer, represents that he or she is such an officer.

(1) Every person who commits and offence against any of the provisions listed in subsection (2) is liable on conviction to the penalties prescribed in subsection (3).

(2) the provisions are—

• (a) section 182(1)(a) to (i) and (k):

• (b) section 182(2)(a) and (b):

• (c) section 182(4)(b) and (c):

• (d) section 183(a).

(3) The penalties are,—

• (a) in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:

• (b) in the case of a body corporate, a fine not exceeding $200,000:

• (c) in any case where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.

Every person who commits an offence against Parts 5 to 7 for which no penalty is prescribed elsewhere in Parts 5 to 7 is liable, on conviction, to,—

• (a) in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:

• (b) in the case of a body corporate, a fine not exceeding $200,000:

• (c) in any case where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.

(1) If a person is convicted of an offence against Parts 5 to 7, and it is proved beyond reasonable doubt on sentencing that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable, in place of any penalty otherwise prescribed,—

• (a) in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $300,000, or both:

• (b) in the case of a body corporate, to a fine not exceeding $300,000:

• (c) in any case, if the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.

(2) Subsection (1) is not limited by any other provisions in this subpart.

(1) Any person may commence a proceeding under Parts 5 to 7.

(2) If the Board, the chief executive, or the Director-General proposes to commence a proceeding under Parts 5 to 7, that person must inform the others of—

• (a) the particulars of the offence; and

• (b) the nature of the proposed proceeding, including the time when that person intends to commence it.

(3) There is no duty on any person, other than those referred to in subsection (2), to inform any person of the intention to commence a proceeding.

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of offences against Parts 5 to 7 ends on the day that is 12 months from the date of the discovery of the offence.

(1) If a person is found in possession of a plant, stone, mineral, egg, nest, animal, taonga tūturu, or part of any similar thing in the vicinity of Te Urewera, and fails or refuses to give a satisfactory account, when asked by a warranted officer, as to how the thing has come to be in that person's possession, that is to be treated as evidence that the person removed it from Te Urewera.

(2) In a proceeding for an offence against Parts 5 to 7 or against a bylaw made under section 176, unless there is proof to the contrary, it is presumed that a map or plan specifying the location where the offence is alleged to have taken place, if signed by the chief executive of Land Information New Zealand, is sufficient evidence that the location is within Te Urewera without the personal attendance of that chief executive or proof of his or her signature.

(1) No person who owns or is in charge of a dog may allow the dog to be in Te Urewera unless permitted by or under Parts 5 to 7 or by a bylaw made under section 176.

(2) Provision is made in Part 2 of Schedule 8 for further matters relevant to dog control in Te Urewera.

(1) Subject to clause 13 of Schedule 8, the Board may from time to time issue a dog control permit to allow the owner or person in charge of a dog to take the dog into Te Urewera or the part of Te Urewera specified in the permit.

(2) Without limiting subsection (1), the Board may refuse to issue a dog control permit if the permit is sought—

• (a) for a dog that is classified as a dangerous dog under section 31 of the Dog Control Act 1996 or is not registered under that Act; or

• (b) by a person who—

  • (i) is classified under section 21(1) of the Dog Control Act 1996 as a probationary owner; or

  • (ii) is disqualified under section 25 of the Dog Control Act 1996 from being the owner of any dog; or

  • (iii) has been convicted of an offence under the Dog Control and Hydatids Act 1982; or

  • (iv) has been convicted of an offence against section 192 or under section 26ZZP or 26ZZQ of the Conservation Act 1987; or

  • (v) has been convicted of an offence against the Wildlife Act 1953, the Marine Mammals Protection Act 1978, or the Trade in Endangered Species Act 1989, or against regulations made under any of those Acts.

(3) Every dog control permit issued under subsection (1) is subject to—

• (a) the condition that the holder carry the permit on his or her person whenever the holder is in Te Urewera and is accompanied by the dog; and

• (b) other conditions that the Board thinks fit to impose.

(4) Every dog control permit issued under subsection (1) must state the activity and purpose for which it is issued.

(1) Every person commits an offence against Parts 5 to 7 and is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000 or to both who—

• (a) is the owner of a dog or person in charge of a dog and who allows the dog, contrary to section 190, to be in Te Urewera; or

• (b) is a person authorised by or under Parts 5 to 7 to take a dog into Te Urewera, but fails to keep the dog under proper control; or

• (c) is the owner of a dog or person in charge of a dog, but fails to comply with any condition of a dog control permit.

(2) Without limiting subsection (1)(b), for the purpose of Parts 5 to 7, a dog is not under proper control if it is found at large in Te Urewera.

(1) Fines imposed and recovered in any proceedings under this subpart must be paid to the Board.

(2) Money received by the Board under this section is subject to—

• (a) section 146(1); and

• (b) section 73 of the Public Finance Act 1989.

(1) The Registrar-General must, in accordance with a written application by a person authorised by the Director-General,—

• (a) create, in the name of Te Urewera, 1 computer freehold register for the fee simple estate in Te Urewera establishment land; and

• (b) record on the computer freehold register—

  • (i) any interests that are registered, notified, or notifiable (including the Te Urewera easements), and are described in the application; and

  • (ii) a notation that the establishment land is subject to Parts 5 to 7; and

  • (iii) for the purpose of section 197, a notation that the register is limited as to parcels.

(2) Despite the registration of Te Urewera establishment land in the name of Te Urewera, the Board must exercise and perform all the rights, powers, and duties of the registered proprietor of the establishment land on behalf of, and in the name of, Te Urewera.

(3) The Registrar-General must have regard to subsection (2).

(4) A computer freehold register must be created for the establishment land as soon as is reasonably practicable after the settlement date, but not later than 24 months after that date.

(5) Subsection (1) applies despite—

• (a) the Land Transfer Act 1952 or any other enactment or rule of law; and

• (b) the fact that Te Urewera establishment land is situated in 2 land registration districts.

(1) The following enactments cease to apply to Te Urewera land:

• (a) Part 3 of the Crown Forest Assets Act 1989:

• (b) sections 211 to 213 of the Education Act 1989:

• (c) Part 3 of the New Zealand Railways Corporation Restructuring Act 1990:

• (d) sections 27A to 27C of the State-Owned Enterprises Act 1986:

• (e) sections 8A to 8HJ of the Treaty of Waitangi Act 1975.

(2) The Registrar-General must ensure that no resumptive memorials that relate to the enactments listed in subsection (1) are entered on the register for Te Urewera land.

The computer freehold register for Te Urewera land does not adversely affect or in any way limit the title of a registered proprietor of land adjacent to Te Urewera land.

(1) Any interests relating to Te Urewera establishment land immediately before its vesting by section 119 are existing interests (existing interests).

(2) Existing interests continue to apply, with any necessary modification, until the interest expires or is terminated.

(3) For the purposes of the existing interests, on and from the settlement date,—

• (a) in any case where the interest has been granted by or to the Crown, the Crown is deemed to have been replaced by the Board as the grantor or grantee; and

• (b) if the context requires, references to other enactments are to be read as references to Parts 5 to 7; and

• (c) references to Te Urewera National Park are to be read as references to Te Urewera.

(4) Despite subsection (3)(a), a variation to, or renewal of, an interest relating to Tāwhiuau Maunga must have the written consent of the trustees of Te Rūnanga o Ngāti Manawa.

(5) In this section, Tāwhiuau Maunga and trustees of Te Rūnanga o Ngāti Manawa have the meanings given in section 235.

(1) Nothing in Part 4A of the Conservation Act 1987 or the Public Works Act 1981 applies to the vesting of the fee simple estate in Te Urewera land.

(2) Nothing in Te Ture Whenua Maori Act 1993 applies to Te Urewera land.

(3) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this subpart, of the reserve status of any part of Te Urewera land.

(4) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

• (a) the vesting of the fee simple estate in Te Urewera land; or

• (b) any matter incidental to, or required for the purpose of, the vesting.

(5) The vesting of the fee simple estate in Te Urewera land does not—

• (a) limit section 10 or 11 of the Crown Minerals Act 1991; or

• (b) affect other rights to subsurface minerals in Te Urewera land.

(6) The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way required to fulfil the terms of the deed of settlement in relation to Te Urewera land.

(1) The official geographic name of Te Urewera National Park is discontinued.

(2) If any part of Te Urewera land was a Crown protected area immediately prior to its vesting, the official geographic name of that land is discontinued.

(3) The New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa must amend the Gazetteer to record that the relevant official geographic names have been discontinued by this section.

(4) In this section, Crown protected area, Gazetteer, and official geographic name have the meanings given in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

(1) Crown improvements—

• (a) remain vested in the Crown; and

• (b) may be used, occupied, accessed, maintained, removed, or demolished by the chief executive or the Director-General in a manner that is consistent with—

  • (i) the management plan; and

  • (ii) the annual operational plan for Te Urewera.

(2) Subsection (1)(b) applies only to the extent that the use, occupation, access, maintenance, removal, or demolition of the improvements is not inconsistent with—

• (a) the terms of an existing interest (within the meaning of section 198(1)); or

• (b) any existing grant by the Crown to a third party for the use of the improvements.

(3) Other improvements attached to the establishment land that are not governed by an existing interest (within the meaning of section 198(1)) are vested in—

• (a) the person or body that attached the improvement to the land; or

• (b) if that person or body no longer exists or no longer has an interest in the improvement, the person or body who would have had ownership rights to the improvement immediately before the vesting, as if the improvement were personal property.

(1) Te Urewera land is to be treated as if Te Urewera were listed in clause 1 of Part 1 of Schedule 1 of the Local Government (Rating) Act 2002.

(2) No levy may be imposed on the Board in respect of Te Urewera land under section 45(3) or 46(3) of the Forest and Rural Fires Act 1977.

(3) The Crown, and not the Board, is responsible for any liability to remediate Te Urewera land that is contaminated, if the contamination occurred at any time while the Crown owned the land.

(4) In subsection (3), contaminated land has the meaning given in section 2(1) of the Resource Management Act 1991.

(1) This section applies if—

• (a) the Board has a liability arising from acting on behalf of Te Urewera; and

• (b) the Board cannot meet the costs or other obligations imposed by that liability.

(2) The Board must, at the earliest practicable opportunity, give written notice of the matter to—

• (a) the trustees; and

• (b) the Minister of Finance and the Minister of Conservation (the Ministers).

(3) The notice may propose options for meeting the costs and other obligations associated with the liability.

(4) The Board, the trustees, and the Ministers must consider and respond to any proposals any of them may make.

(5) The trustees and the Ministers may—

• (a) propose options or seek proposals from the Board for meeting the liability; and

• (b) agree to provide assistance to the Board, specifying any condition on that assistance that they consider appropriate.

(1) The Board must, at its first meeting after the settlement date, sign and return to the Crown, in favour of the Minister for Arts, Culture and Heritage, a registrable easement in gross for a right to locate, access, and maintain headstones on the former Kainaha historic reserve, on the terms and conditions set out in part 8.2 of the documents schedule.

(2) The easement—

• (a) must be enforceable in accordance with its terms despite Parts 5 to 7 or any other enactment; and

• (b) is to be treated as having been granted in accordance with Parts 5 to 7.

(1) The Board must grant and register easements in perpetuity over the part of Te Urewera establishment land used for the operation of the Waikaremoana power station, on the terms and conditions specified by the Crown.

(2) The easements—

• (a) must be enforceable in accordance with their terms, despite Parts 5 to 7 or any other enactment; but

• (b) are to be treated as having been granted in accordance with Parts 5 to 7.

(3) This section applies only if the Crown has not registered the easements before the settlement date.

(1) Any area of land outside the boundaries to Te Urewera may be added to Te Urewera under this subpart.

(2) Land may be added to Te Urewera only if—

• (a) it meets the criteria set out in section 207; and

• (b) the land is approved for addition to Te Urewera in accordance with sections 210 to 213, as relevant.

(3) Land added to Te Urewera becomes Te Urewera land.

(1) All land proposed for addition to Te Urewera must contain—

• (a) features that have significant natural, cultural, or historic values important for the connection between Tūhoe and Te Urewera, if their inclusion in Te Urewera will strengthen and maintain that connection; or

• (b) natural features of such distinctive natural beauty or cultural or scientific value that preservation of the land in perpetuity is of national importance; or

• (c) indigenous ecological systems and biodiversity or other natural features whose natural, cultural, or historic values are unique or so scientifically important that their preservation in perpetuity is of national importance.

(2) An area of land outside the boundaries of Te Urewera may be considered for inclusion in Te Urewera, even if its natural, cultural, or historic values have been diminished, as long as the land—

• (a) is capable of restoration or regeneration, particularly if it is representative of an indigenous ecological system not elsewhere protected in New Zealand; or

• (b) contains features that are not elsewhere protected in New Zealand but are unique, or so beautiful or scientifically important as to justify protection as part of Te Urewera; or

• (c) does not have significant natural values but—

  • (i) the area has cultural or historic values significant enough to justify protection as part of Te Urewera; and

  • (ii) the inclusion of that land is compatible with the protection of the natural values of Te Urewera.

(1) The Board may acquire interests of the kind described in subsection (3) if the Board is satisfied as to the matters set out in subsection (2).

(2) Before exercising a power under this section, the Board must be satisfied,—

• (a) after considering the matters in sections 207 and 209, that the acquisition of an interest would be for the benefit of Te Urewera; and

• (b) that the Board is able to secure the necessary funds for the acquisition.

(3) The Board may—

• (a) enter into a contract for—

  • (i) a lease or licence over private land:

  • (ii) an easement over private land:

  • (iii) an interest of a licensee or lessee in private land:

• (b) accept an easement, lease, licence, or the interest of a licensee or lessee as a gift.

(4) An interest acquired under this section is, for the duration of the interest, subject to Parts 5 to 7 and must be administered by the Board for the purpose of Parts 5 to 7.

In considering a proposal to add land to Te Urewera or to acquire an interest, the Board, the chief executive, the Minister, and the Director-General must each consider, as relevant, the following matters:

• (a) the extent to which the land proposed to be added to Te Urewera, or any interest acquired, would contribute to—

  • (i) achieving the purpose of Parts 5 to 7; and

  • (ii) protecting Te Urewera from the adverse effects of activities outside Te Urewera; and

  • (iii) strengthening and maintaining the connection of Tūhoe with Te Urewera; and

  • (iv) achieving protection of a nationally representative range of ecosystems, natural features, scenery types, and landscape types, and the contribution of Te Urewera to achieving that goal; and

  • (v) the efficient management of Te Urewera; and

  • (vi) public access to Te Urewera, to the extent that that is consistent with the need to preserve the natural, cultural, historic, or scientific values of Te Urewera; and

• (b) any extant historical Treaty claims over the land to which the proposal relates; and

• (c) any financial or other implications relevant to the governance and management of Te Urewera; and

• (d) any other matters that are considered relevant.

(1) The Board may make a proposal to add private land to Te Urewera if it is satisfied that the land is suitable to add to Te Urewera on the grounds that—

• (a) the land meets the criteria set out in section 207; and

• (b) the Board and the owner of the land have reached an agreement for the Board to acquire the land by sale and purchase or receive it as a gift.

(2) If the private land that is the subject of a proposal is Māori freehold land,—

• (a) the agreement to add that land to Te Urewera must be treated as an alienation of the whole or part of a block for the purposes of Part 7 of Te Ture Whenua Maori Act 1993; and

• (b) the agreement is conditional on the Minister making a recommendation under section 211(1)(a); and

• (c) the requirements of Te Ture Whenua Maori Act 1993 for alienation of the whole or part of a block must be complied with.

(3) The Board may, before making a proposal under subsection (1), request the chief executive and the Director-General to investigate the proposal and provide a report to the Board with recommended outcomes.

(4) To avoid doubt, the Māori Land Court does not have jurisdiction to make a vesting order to add land to Te Urewera.

(5) The addition of any land to Te Urewera is subject to the Board being able to secure the funds necessary for the purchase price (if any).

(1) The Minister must consider a proposal of the Board under section 210 and may, if the Minister considers it appropriate,—

• (a) recommend to the Governor-General that all or part of the land referred to in the Board's proposal be added to Te Urewera; or

• (b) decide not to make a recommendation to the Governor-General.