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

	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

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