Ngāti Koroki Kahukura Claims Settlement Bill

  • enacted

Hon Christopher Finlayson

Ngāti Koroki Kahukura Claims Settlement Bill

Government Bill

161—2

As reported from the Māori Affairs Committee

Ko tā Te Komiti Whiriwhiri Take Māori i whakatakoto

Contents

Commentary

Ngā Kōrero

Key

1 Title

2 Commencement

Part 1
Preliminary matters, acknowledgements and apology, and settlement of 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 Koroki Kahukura

14 Meaning of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

15 Settlement of 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 1Statutory acknowledgement and deeds of recognition

21 Interpretation

Statutory acknowledgement

22 Statutory acknowledgement by the Crown

23 Purposes of statutory acknowledgement

24 Relevant consent authorities to have regard to statutory acknowledgement

25 Environment Court to have regard to statutory acknowledgement

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

27 Recording statutory acknowledgement on statutory plans

28 Provision of summary or notice to trustees

29 Use of statutory acknowledgement

Deeds of recognition

30 Issuing and amending deeds of recognition

General provisions relating to statutory acknowledgement and deeds of recognition

31 Application of statutory acknowledgement and deed of recognition to river, stream, or lake

32 Exercise of powers and performance of functions and duties

33 Rights not affected

Consequential amendment to Resource Management Act 1991

34 Amendment to Resource Management Act 1991

Subpart 2Vesting of cultural redress properties

35 Interpretation

Properties vested in fee simple

36 Puahue

37 Tau Pakanga

38 Tunakawa

Properties vested in fee simple to be administered as reserves

39 Koroki Kahukura ki Hinuera

40 Taumatawiwi

41 Te Reti

42 Waikaukau

Properties vested in fee simple to be administered as Māori reservations

43 Ara Hinerua

44 Horahora Island

45 Kohi Wheua

46 Koroki Kahukura ki Piarere

47 Motu Aratau

48 Te Kiwa and Te Uira

49 Waitoa

50 Whanatangi and Ihaia

General provisions applying to vesting of cultural redress properties

51 Vesting, etc, of certain cultural redress properties not to take effect until deeds of covenant executed

52 Properties vest subject to or together with interests

53 Interests in land for reserve properties

54 Registration of ownership

55 Application of Part 4A of Conservation Act 1987 to cultural redress properties except certain reserve properties

56 Application of Part 4A of Conservation Act 1987 to Taumatawiwi and Waikaukau

57 Matters to be recorded on computer freehold register for cultural redress properties except Taumatawiwi and Waikaukau

58 Matters to be recorded on computer freehold register for Taumatawiwi and Waikaukau

59 Application of other enactments

60 Names of Crown protected areas discontinued

Further provisions applying to reserve properties

61 Application of other enactments to reserve properties

62 Joint management body for reserve properties

63 Subsequent transfer of reserve land

64 Transfer of reserve land to new administering body

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

66 Reserve land not to be mortgaged

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

Further provision applying to Māori reservation properties

68 Māori reservation properties

Subpart 3Maungatautari Mountain Scenic Reserve and Waikato River

69 Statement of significance

70 Acknowledgments

Maungatautari Mountain Scenic Reserve

71 Interpretation

72 Te Hapori o Maungatautari registered proprietor of reserve

73 Reserve held for public use and enjoyment

74 Recognition of customary interests

75 Reserve status and management plan

76 Functions and powers of Minister under Reserves Act 1977

77 Registration of instruments under Land Transfer Act 1952

78 Exchange of land

79 Addition of Crown-owned land to reserve

80 Addition of private land to reserve

81 Matters to be recorded on computer freehold register

82 Authorised representatives to execute instrument on behalf of Te Hapori o Maungatautari if required

83 Maungatautari Mountain Scenic Reserve held subject to or together with interests

84 Saving of bylaws, etc, in relation to Maungatautari Mountain Scenic Reserve

85 Application of other enactments

Karapiro to Lake Arapuni sub-catchment

86 Interpretation

Waikato-Tainui environmental plan

87 Section 40 of Waikato-Tainui Act applies to sub-catchment

Joint management agreements

88 Joint management agreements between Waikato Raupatu River Trust and local authorities apply to sub-catchment

89 Waikato Raupatu River Trust and South Waikato District Council may enter into joint management agreement

Conservation regulations

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

Customary fishing

91 Customary fishing regulations that apply to sub-catchment

Fishing (bylaw) regulations

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

Fisheries bylaws

93 Fisheries bylaws that apply to sub-catchment

Integrated river management plan and Upper Waikato River integrated management plan

94 Application of provisions of components of integrated river management plan

95 Process for preparation of provisions that apply to Waikato River under section 94

96 Modifications to component process preparation

Iwi objectives for review

97 Iwi objectives for review of Waikato river vision and strategy

Non-derogation

98 Non-derogation

Part 3
Commercial redress

99 Interpretation

Subpart 1Transfer of commercial redress properties

100 The Crown may transfer properties

101 Computer freehold registers for commercial redress properties

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

103 Application of other enactments

104 Transfer of balance Puahue quarry property

Subpart 2Right of first refusal over RFR land

Interpretation

105 Interpretation

106 Meaning of RFR land

Restrictions on disposal of RFR land

107 Restrictions on disposal of RFR land

Trustees’ right of first refusal

108 Requirements for offer

109 Expiry date of offer

110 Withdrawal of offer

111 Acceptance of offer

112 Formation of contract

Disposals to others but land remains RFR land

113 Disposal to the Crown or Crown bodies

114 Disposal of existing public works to local authorities

115 Disposal of reserves to administering bodies

Disposals to others where land may cease to be RFR land

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

117 Disposal in accordance with legal or equitable obligations

118 Disposal under certain legislation

119 Disposal of land held for public works

120 Disposal for reserve or conservation purposes

121 Disposal for charitable purposes

122 Disposal to tenants

RFR landowner obligations

123 RFR landowner’s obligations subject to other matters

Notices about RFR land

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

125 Notice to trustees of disposal of RFR land to others

126 Notice to LINZ of land ceasing to be RFR land

127 Notice requirements

Right of first refusal recorded on computer registers

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

129 Removal of notifications when land to be transferred or vested

130 Removal of notifications when RFR period ends

General provisions applying to right of first refusal

131 Waiver and variation

132 Disposal of Crown bodies not affected

133 Assignment of rights and obligations under this subpart

Schedule 1
Statutory areas

Schedule 2
Cultural redress properties

Schedule 3
Maungatautari Mountain Scenic Reserve

Schedule 4
Notices in relation to RFR land

Legislative history


The Parliament of New Zealand enacts as follows: