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Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill (No 2)
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Hon Andrew Little
Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill (No 2)
Government Bill
31—1
Contents
Explanatory note
1
Title
2
Commencement
Part 1
Preliminary provisions
3
Purpose
4
Transitional, savings, and related provisions
5
Act binds the Crown
6
Act applies to ngā hapū o Ngāti Porou in ngā rohe moana (instead of Parts 3 and 4 of Marine and Coastal Area (Takutai Moana) Act 2011)
7
Application of Part 2 of Marine and Coastal Area (Takutai Moana) Act 2011 in ngā rohe moana
Interpretation
8
Interpretation of Act generally
9
Interpretation
10
Meaning of ngā hapū o Ngāti Porou
11
Meaning of ngā rohe moana
12
Meaning of accommodated matter
13
Preservation of certain rights and accommodated matters
Part 2
Mechanisms that affect all of ngā rohe moana
Subpart 1—Statutory overlay
14
Map of ngā rohe moana must be attached to key public documents
15
Relevant hapū may be party to Environment Court proceedings
16
Resource consent applications notified and provided to relevant hapū
17
Boards of inquiry into matters of national significance
18
Decisions of Heritage New Zealand Pouhere Taonga
Subpart 2—Environmental covenant
19
Development and signing of covenant
20
Recognition of covenant in key public documents
Review of key public documents
21
Gisborne District Council must review key public documents
22
Outcome of review
23
Covenant must be attached to key public documents until review completed
24
Effect of covenant on resource consent applications until review completed
Review of key public documents: reconsideration and appeal
25
Ngā hapū o Ngāti Porou may require Gisborne District Council to reconsider decision
26
Reconsideration by Gisborne District Council
27
Appeal to Environment Court from reconsideration
28
Environment Court’s decision
Review and amendment of environmental covenant
29
Periodic review
30
Amendment after review
Effect of environmental covenant on other documents and decisions
31
Effect on other resource management documents
32
Effect on decisions under Heritage New Zealand Pouhere Taonga Act 2014
33
Effect on Gisborne District Council decision-making processes
Subpart 3—Protected customary activities
Performance of protected customary activities
34
Performance of protected customary activities
35
Hapū may decide who may perform protected customary activity, and where
Controls on protected customary activities
36
Determining whether protected customary activity has significant adverse effects
37
Significant adverse effects report
38
Agreement on controls if protected customary activity has significant adverse effects
39
Notice of agreement on controls
40
Registration of agreement on controls
Restrictions on grants of resource consents
41
Restrictions on grants of resource consents
42
Determination of adverse effects
43
Written approval and scope of resource consent
Application of other legislation to protected customary activity
44
Application of other legislation to protected customary activity
Subpart 4—Wāhi tapu and wāhi tapu areas
45
Duties of Gisborne District Council
46
Offences
47
Wardens and fishery officers
Subpart 5—Customary fishing practices
48
Meaning of customary food gathering and customary fishing area of ngā hapū o Ngāti Porou
49
Regulations for customary fishing practices
50
Performance of functions and exercise of powers under Fisheries Act 1996
51
Relationship between customary fishing practices regulations and other regulations
Subpart 6—Conservation mechanisms
Conservation processes
52
Meaning of conservation process
53
Participation in conservation processes
54
Notification of conservation process
55
Obligation to have particular regard to views
Stranded marine mammals
56
Stranded marine mammals
Applications to possess wildlife matter and marine mammal matter
57
Consideration of applications
58
Referral of applications to relevant hapū
59
Terms of permit or authorisation if relevant hapū consents
60
Decision on whether possession essential to conservation
61
Costs
Possession of wildlife matter and marine mammal matter by ngā hapū o Ngāti Porou or Director-General
62
Ngā hapū o Ngāti Porou may possess wildlife matter and marine mammal matter
63
Wildlife matter and marine mammal matter in Director-General’s possession
Subpart 7—Official geographic names of features
64
Interpretation
65
Official geographic names
66
Publication of official geographic names
67
Subsequent alteration of official geographic names
Subpart 8—Relationship instruments
68
Interpretation
69
Noting of conservation relationship instrument
70
Noting of fisheries relationship instrument
71
Noting of minerals relationship instrument
72
Limitations of relationship instruments
73
Whakamana accord and relationship instruments not restrictive of certain matters
Part 3
Mechanisms that affect customary marine title areas
Subpart 1—Permission rights in relation to Resource Management Act 1991
Resource consent applications for proposed activities in customary marine title area
74
Applications to be considered only in certain circumstances
75
Further restrictions on applications
76
Referral of applications to customary marine title hapū
77
Customary marine title hapū to determine whether to give permission for activity
78
Further information may be requested
General provisions
79
Scope of resource consent if customary marine title hapū gives permission
80
Decision-making by customary marine title hapū under this subpart
81
Costs
82
Suspension of time frames in Resource Management Act 1991
83
Offences
Subpart 2—Customary fishing practices—extended mechanism
84
Regulations for customary fishing practices in relation to customary marine title areas
Subpart 3—Environmental covenant—extended mechanism
85
Recognition of covenant in key public documents
86
Effect of covenant on resource consent applications until review of key public documents completed
Subpart 4—Conservation processes—extended mechanism
87
Conservation processes may not proceed without permission of relevant hapū
88
Referral to customary marine title hapū
89
Decision of customary marine title hapū on whether to give permission
90
Terms of grant or approval if customary matine title hapū consent
91
Costs
Subpart 5—Taonga tūturu ownership
92
Newly found taonga tūturu
Subpart 6—Minerals ownership
93
Status of minerals in customary marine title area
94
Status of existing privileges within common marine and coastal area
Part 4
Recognition of protected customary activities, wāhi tapu, and customary marine title
Subpart 1—Recognition of protected customary activity
95
Recognition of protected customary activity by the Crown
96
Public notice for protected customary activity agreement
97
Effective date for protected customary activity agreement
98
Recognition of protected customary activity by court order
99
Fishing, aquaculture activities, etc, that cannot be recognised as protected customary activities
100
Registration of protected customary activity agreement or order
101
Variation or cancellation of protected customary activity order
Subpart 2—Recognition of wāhi tapu or wāhi tapu area
102
Recognition of wāhi tapu or wāhi tapu area by the Crown
103
Public notice for wāhi tapu and wāhi tapu areas
104
Variation or cancellation of wāhi tapu or wāhi tapu area
105
Public notice for variation or cancellation of wāhi tapu or wāhi tapu area
106
Effective date of prohibitions, restrictions, and exemptions
107
Notice to relevant hapū and Council
108
Gazette
notice is disallowable instrument
109
Recognition of wāhi tapu or wāhi tapu area by court order
110
Registration of wāhi tapu or wāhi tapu area
Subpart 3—Recognition of customary marine title
111
Recognition of customary marine title by the Crown
112
Order in Council for customary marine title
113
Recognition of customary marine title by court order
114
Customary marine title recognised only for purposes of this Act
115
Registration of recognition document or order for customary marine title
116
Variation or cancellation of customary marine title order
117
Customary marine title area is exclusive
Subpart 4—Application of Resource Management Act 1991 to customary marine title and wāhi tapu and wāhi tapu areas
118
Application of Resource Management Act 1991 to customary marine title
119
Application of Resource Management Act 1991 to prohibitions or restrictions for wāhi tapu or wāhi tapu areas
Part 5
Miscellaneous provisions
Management arrangements
120
Management arrangement represents hapū in area and exercises rights and performs obligations of hapū
121
Dealings with hapū to be done with management arrangements
122
Delegation of rights or responsibilities by management arrangement
Changes to management arrangements, ngā hapū o Ngāti Porou, and ngā rohe moana
123
Changes to management arrangements
124
Changes to ngā hapū o Ngāti Porou and ngā rohe moana
Limitations on effect of this Act
125
Limitations on effect of this Act
Removal of jurisdiction
126
Removal of jurisdiction
Rule against perpetuities
127
Rule against perpetuities does not apply
Documents to be publicly available
128
Access to deed of agreement
129
Certain other agreements to be publicly available
130
Making documents publicly available
Consequential amendment
131
Consequential amendment
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Management arrangements, rohe moana, and hapū
Schedule 3
Map of ngā rohe moana o ngā hapū o Ngāti Porou
Schedule 4
Existing structures that are accommodated matters
Schedule 5
Consequential amendment
The Parliament of New Zealand enacts as follows: