Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill (No 2)

  • enacted

Hon Andrew Little

Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill (No 2)

Government Bill

31—3

Contents

Key
1Title
2Commencement
3Purpose
4Transitional, savings, and related provisions
5Act binds the Crown
6Act 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)
7Application of Part 2 of Marine and Coastal Area (Takutai Moana) Act 2011 in ngā rohe moana
8Interpretation of Act generally
9Interpretation
10Meaning of ngā hapū o Ngāti Porou
11Meaning of ngā rohe moana
12Meaning of accommodated matter
13Preservation of certain rights and accommodated matters
14Map of ngā rohe moana must be attached to key public documents
15Relevant hapū may be party to Environment Court proceedings
16Resource consent applications notified and provided to relevant hapū
17Boards of inquiry into matters of national significance
18Decisions of Heritage New Zealand Pouhere Taonga
19Development and signing of covenant
20Recognition of covenant in key public documents
21Gisborne District Council must review key public documents
22Outcome of review
23Covenant must be attached to key public documents until review completed
24Effect of covenant on resource consent applications until review completed
25Ngā hapū o Ngāti Porou may require Gisborne District Council to reconsider decision
26Reconsideration by Gisborne District Council
27Appeal to Environment Court from reconsideration
28Environment Court’s decision
29Periodic review
30Amendment after review
31Effect on other resource management documents
32Effect on decisions under Heritage New Zealand Pouhere Taonga Act 2014
33Effect on Gisborne District Council decision-making processes
34Performance of protected customary activities
35Hapū may decide who may perform protected customary activity, and where
36Determining whether protected customary activity has significant adverse effects
37Significant adverse effects report
38Agreement on controls if protected customary activity has significant adverse effects
39Notice of agreement on controls
40Registration of agreement on controls
41Restrictions on grants of resource consents
42Determination of adverse effects
43Written approval and scope of resource consent
44Application of other legislation to protected customary activity
45Duties of Gisborne District Council
46Offences
47Wardens and fishery officers
48Meaning of customary food gathering and customary fishing area of ngā hapū o Ngāti Porou
49Regulations for customary fishing practices
50Performance of functions and exercise of powers under Fisheries Act 1996
51Relationship between customary fishing practices regulations and other regulations
52Meaning of conservation process
53Participation in conservation processes
54Notification of conservation process
55Obligation to have particular regard to views
56Stranded marine mammals
57Consideration of applications
58Referral of applications to relevant hapū
59Terms of permit or authorisation if relevant hapū consents
60Decision on whether possession essential to conservation
61Costs
62Ngā hapū o Ngāti Porou may possess wildlife matter and marine mammal matter
63Wildlife matter and marine mammal matter in Director-General’s possession
64Interpretation
65Official geographic names
66Publication of official geographic names
67Subsequent alteration of official geographic names
68Interpretation
69Noting of conservation relationship instrument
70Noting of fisheries relationship instrument
71Noting of minerals relationship instrument
72Limitations of relationship instruments
73Whakamana accord and relationship instruments not restrictive of certain matters
74Applications to be considered only in certain circumstances
75Further restrictions on applications
76Referral of applications to customary marine title hapū
77Customary marine title hapū to determine whether to give permission for activity
78Further information may be requested
79Scope of resource consent if customary marine title hapū gives permission
80Decision-making by customary marine title hapū under this subpart
81Costs
82Suspension of time frames in Resource Management Act 1991
83Offences
84Regulations for customary fishing practices in relation to customary marine title areas
85Recognition of covenant in key public documents
86Effect of covenant on resource consent applications until review of key public documents completed
87Conservation processes may not proceed without permission of relevant hapū
88Referral to customary marine title hapū
89Decision of customary marine title hapū on whether to give permission
90Terms of grant or approval if customary marine title hapū consent
91Costs
92Newly found taonga tūturu
93Status of minerals in customary marine title area
94Status of existing privileges within common marine and coastal area
95Recognition of protected customary activity by the Crown
96Public notice for protected customary activity agreement
97Effective date for protected customary activity agreement
98Recognition of protected customary activity by court order
99Fishing, aquaculture activities, etc, that cannot be recognised as protected customary activities
100Registration of protected customary activity agreement or order
101Variation or cancellation of protected customary activity order
102Recognition of wāhi tapu or wāhi tapu area by the Crown
103Public notice for wāhi tapu and wāhi tapu areas
104Variation or cancellation of wāhi tapu or wāhi tapu area
105Public notice for variation or cancellation of wāhi tapu or wāhi tapu area
106Effective date of prohibitions, restrictions, and exemptions
107Notice to relevant hapū and Council
108Gazette notice is disallowable instrument
109Recognition of wāhi tapu or wāhi tapu area by court order
110Registration of wāhi tapu or wāhi tapu area
111Recognition of customary marine title by the Crown
112Order in Council for customary marine title
113Recognition of customary marine title by court order
114Customary marine title recognised only for purposes of this Act
115Registration of recognition document or order for customary marine title
116Variation or cancellation of customary marine title order
117Customary marine title area is exclusive
118Application of Resource Management Act 1991 to customary marine title
119Application of Resource Management Act 1991 to prohibitions or restrictions for wāhi tapu or wāhi tapu areas
120Management arrangement represents hapū in area and exercises rights and performs obligations of hapū
121Dealings with hapū to be done with management arrangements
122Delegation of rights or responsibilities by management arrangement
123Changes to management arrangements
124Changes to ngā hapū o Ngāti Porou and ngā rohe moana
125Limitations on effect of this Act
126Removal of jurisdiction
127Rule against perpetuities does not apply
128Access to deed of agreement
129Certain other agreements to be publicly available
130Making documents publicly available
131Consequential amendment
Legislative history

The Parliament of New Zealand enacts as follows: