Ngāti Hauā Claims Settlement Bill

  • enacted

Hon Christopher Finlayson

Ngāti Hauā Claims Settlement Bill

Government Bill

157—2

As reported from the Māori Affairs Committee

Ko tā Te Komiti Whiriwhiri Māori i whakatakoto

Contents

Commentary

Ngā Kōrero

Key

1 Title

2 Commencement

Part 1
Preliminary matters, acknowledgements and apology, and settlement of non-raupatu historical claims

Preliminary matters

3 Purpose

4 Provisions to take effect on settlement date

5 Act binds the Crown

6 Outline

Summary of historical account, acknowledgements, and apology of the Crown

7 Summary of historical account, acknowledgements, and apology

8 Summary of historical account

9 Acknowledgements

10 Apology

Interpretation provisions

11 Interpretation of Act generally

12 Interpretation

13 Meaning of Ngāti Hauā

14 Meaning of non-raupatu historical claims

Non-raupatu historical claims settled and jurisdiction of courts, etc, removed

15 Settlement of non-raupatu historical claims final

Amendment to Treaty of Waitangi Act 1975

16 Amendment to Treaty of Waitangi Act 1975

Resumptive memorials no longer to apply

17 Certain enactments do not apply

18 Resumptive memorials to be cancelled

Miscellaneous matters

19 Rule against perpetuities does not apply

20 Access to deed of settlement

Part 2
Cultural redress

Subpart 1Taonga tūturu protocol and conservation relationship agreement

21 Interpretation

Taonga tūturu protocol

22 Taonga tūturu protocol

23 Issuing, amending, and cancelling protocol

24 Protocol subject to rights, functions, and duties

25 Enforcement of protocol

Conservation relationship agreement

26 Conservation relationship agreement

27 Noting of conservation relationship agreement on conservation documents

28 Conservation relationship agreement subject to rights, functions, duties, and powers

29 Enforcement of conservation relationship agreement

Subpart 2Statutory acknowledgement and deeds of recognition

30 Interpretation

Statutory acknowledgement

31 Statutory acknowledgement by the Crown

32 Purposes of statutory acknowledgement

33 Relevant consent authorities to have regard to statutory acknowledgement

34 Environment Court to have regard to statutory acknowledgement

35 Historic Places Trust and Environment Court to have regard to statutory acknowledgement

36 Recording statutory acknowledgement on statutory plans

37 Provision of summary or notice to trustees

38 Use of statutory acknowledgement

Deeds of recognition

39 Issuing and amending deeds of recognition

General provisions relating to statutory acknowledgement and deeds of recognition

40 Application of statutory acknowledgement and deeds of recognition to river or stream

41 Exercise of powers and performance of functions and duties

42 Rights not affected

Consequential amendment to Resource Management Act 1991

43 Amendment to Resource Management Act 1991

Subpart 3Overlay classification

44 Interpretation

45 Declaration of overlay classification and the Crown's acknowledgement

46 Purposes of overlay classification

47 Agreement on protection principles

48 Obligations on New Zealand Conservation Authority and Conservation Boards

49 Noting of overlay classification in strategies and plans

50 Notification in Gazette

51 Actions by Director-General

52 Amendment to strategies or plans

53 Regulations

54 Bylaws

55 Existing classification of overlay site

56 Termination of overlay classification

57 Exercise of powers and performance of functions and duties

58 Rights not affected

Subpart 4Vesting of cultural redress properties

59 Interpretation

Properties vested in fee simple to be administered as reserves

60 Gordon Gow Scenic Reserve

61 Maungakawa

62 Pukemako site A

63 Vesting and alternative description of Pukemako site A in specified circumstances

64 Pukemako site B

65 Joint board established for Pukemako reserve

66 Joint board is administering body of Pukemako reserve

67 Procedure and meetings of joint board

68 Management plan

69 Application for statutory authorisation over Pukemako reserve

70 Interests in favour of Pukemako reserve

71 Trustees may apply to administer Pukemako reserve

General provisions applying to vesting of cultural redress properties

72 Properties vest subject to or together with interests

73 Interests that are not interests in land

74 Registration of ownership

75 Application of Part 4A of Conservation Act 1987

76 Matters to be recorded on computer freehold register

77 Application of other enactments

78 Names of Crown protected areas discontinued

Further provisions applying to reserve properties

79 Application of other enactments to reserve properties

80 Name of Gordon Gow Scenic Reserve must include words “Gordon Gow”

81 Subsequent transfer of reserve land

82 Transfer of reserve land to new administering body

83 Transfer of reserve land to trustees of existing administering body if trustees change

84 Reserve land not to be mortgaged

85 Saving of bylaws, etc, in relation to reserve properties

Subpart 5Vesting and gifting back of property

86 Notice appointing delayed vesting date for Te Tapui Scenic Reserve

87 Delayed vesting and gifting back of Te Tapui Scenic Reserve

Subpart 6Waharoa Aerodrome

88 Interpretation

Waharoa (Matamata) Aerodrome Committee

89 Waharoa (Matamata) Aerodrome Committee established

90 Functions and powers of the committee

91 Membership of committee

92 Procedure of committee

93 Application of other Acts to committee

94 Conflict of interest

95 Support of committee

Waharoa Aerodrome land

96 Waharoa Aerodrome land may be vested in trustees

97 Matters relating to vesting under section 96

98 Notice to interest holders

99 No change in classification or purpose

100 Amendment of computer register

101 Creation of computer register

102 Register to be noted

103 Application of other enactments

Part 3
Commercial redress

104 Interpretation

Subpart 1Transfer of commercial redress properties, deferred selection properties, and second right of deferred purchase properties

105 The Crown may transfer properties

106 Computer freehold registers for commercial redress properties, deferred selection properties, and second right of deferred purchase properties

107 Authorised person may grant covenant for later creation of computer freehold register

108 Application of other enactments

Subpart 2Right of first refusal over RFR land

Interpretation

109 Interpretation

110 Meaning of RFR land

Restrictions on disposal of RFR land

111 Restrictions on disposal of RFR land

Trustees’ right of first refusal

112 Requirements for offer

113 Expiry date of offer

114 Withdrawal of offer

115 Acceptance of offer

116 Formation of contract

Disposals to others but land remains RFR land

117 Disposal to the Crown or Crown bodies

118 Disposal of existing public works to local authorities

119 Disposal of reserves to administering bodies

Disposals to others where land may cease to be RFR land

120 Disposal in accordance with obligations under enactment or rule of law

121 Disposal in accordance with legal or equitable obligations

122 Disposal under certain legislation

123 Disposal of land held for public works

124 Disposal for reserve or conservation purposes

125 Disposal for charitable purposes

126 Disposal to tenants

127 Disposal by Waikato District Health Board

RFR landowner obligations

128 RFR landowner’s obligations subject to other matters

Notices about RFR land

129 Notice to LINZ of RFR land with computer register after settlement date

130 Notice to trustees of disposal of RFR land to others

131 Notice to LINZ of land ceasing to be RFR land

132 Notice requirements

Right of first refusal recorded on computer registers

133 Right of first refusal to be recorded on computer registers for RFR land

134 Removal of notifications when land to be transferred or vested

135 Removal of notifications when RFR period ends

General provisions applying to right of first refusal

136 Waiver and variation

137 Disposal of Crown bodies not affected

138 Assignment of rights and obligations under this subpart

Part 4
Te Taurapa o Te Ihingarangi ki Te Puaha o Waitete sub-catchment

139 Interpretation

Waikato-Tainui environmental plan

140 Section 40(4) of Waikato-Tainui Act applies to sub-catchment

Joint management agreements

141 Joint management agreement between Waikato Raupatu River Trust and Waikato Regional Council applies to sub-catchment

142 Joint management agreement between Waikato Raupatu River Trust and South Waikato District Council to apply to sub-catchment

Conservation regulations

143 Conservation regulations may be made in relation to sub-catchment

Customary fishing

144 Customary fishing regulations that apply to sub-catchment

Fishing (bylaw) regulations

145 Fishing (bylaw) regulations may be made in relation to sub-catchment

Fisheries bylaws

146 Fisheries bylaws that apply to sub-catchment

Integrated river management plan and Upper Waikato River integrated management plan

147 Application of provisions of components of integrated river management plan

148 Process for preparation of provisions that apply to Waikato River under section 147

149 Modifications to component process preparation

150 Non-derogation

Schedule 1
Statutory areas

Schedule 2
Overlay area

Schedule 3
Cultural redress properties

Schedule 4
Waharoa Aerodrome

Schedule 5
Notices in relation to RFR land

Legislative history


The Parliament of New Zealand enacts as follows: