Supplementary Order Paper No 13

No 13

House of Representatives

Supplementary Order Paper

Thursday, 8 March 2012

Ngāti Pāhauwera Treaty Claims Settlement Bill


Proposed amendments

Hon Christopher Finlayson, in Committee, to move the following amendments:

Clause 5

After clause 5(2)(a) (after line 17 on page 13), insert:

  • (ab) records the acknowledgements made by the Crown and the apology offered by the Crown to Ngāti Pāhauwera (including the acceptance of the apology by Ngāti Pāhauwera); and

In clause 5(3)(g), replace parts of the Earthquake Slip Conservation Area (line 35 on page 14) with part of the Earthquake Slip Marginal Strip.

Clause 11

In clause 11(1), definition of relevant consent authority, replace Conservation Area (line 19 on page 24) with Marginal Strip.

In clause 11(1), insert in its appropriate alphabetical order:

relevant part of the Earthquake Slip Marginal Strip means the area, with the general location (but not the precise boundaries), indicated on OTS-119-16

Clause 23

In clause 23(3), replace under (line 9 on page 31) with by.

Replace clause 23(4) (lines 11 to 18 on page 31) with:

  • (4) Despite the vestings under section 22(2) and subsection (1), any encumbrance that affected Te Heru o Tūreia Gift Area immediately before the settlement date continues to affect it as if the vestings had not occurred.

Clause 25

In clause 25(2), replace under (line 6 on page 32) with by.

Clause 34

In clause 34(5), replace under (line 10 on page 36) with by.

Clause 35

In clause 35(5), replace under (line 33 on page 36) with by.

Clause 36

In clause 36(4), replace under (line 13 on page 37) with by.

Clause 37

In clause 37(4), replace under (line 24 on page 37) with by.

Clause 38

In clause 38(4), replace under (line 1 on page 38) with by.

Clause 39

In clause 39(4), replace under (line 11 on page 38) with by.

Clause 40

In clause 40(4), replace under (line 24 on page 38) with by.

Clause 46

In clause 46(2), after a reserve or conservation area (line 23 on page 42), insert to which an official geographic name has been assigned.

Replace clause 46(4) (line 34 on page 42 to line 4 on page 43) with:

  • (4) The Minister must not change the name of a reserve site under section 16(10) of the Reserves Act 1977 without the written consent of the administering body of the site, and section 16(10A) of that Act does not apply to the proposed change.

  • (5) In this section, Board, Crown protected area, Gazetteer, and official geographic name have the same meanings as in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

Clause 55

Replace the heading to clause 55 (line 20 on page 47) with Reserves not to be mortgaged.

Clause 65

In clause 65, delete the definition of relevant part of the Earthquake Slip Conservation Area (lines 31 to 33 on page 53).

In clause 65, definition of statement of association, replace Conservation Area (line 4 on page 54) with Marginal Strip.

In clause 65, definition of statutory acknowledgement, replace Conservation Area (line 11 on page 54) with Marginal Strip.

Clause 67

In clause 67(1)(c), replace Conservation Area (line 36 on page 54) with Marginal Strip.

Clause 68

In clause 68(1), replace Conservation Area (line 10 on page 55) with Marginal Strip.

Clause 69

In clause 69(1), replace Conservation Area (lines 18 and 25 on page 55) with Marginal Strip in each place.

Clause 70

In clause 70(1), replace Conservation Area (line 34 on page 55) with Marginal Strip.

In clause 70(4), replace meaning given to it (line 14 on page 56) with same meaning as.

Clause 71

In clause 71(1), replace Conservation Area (line 20 on page 56) with Marginal Strip.

In clause 71(2)(b), replace Conservation Area (line 25 on page 56) with Marginal Strip.

In clause 71(2)(c), replace Conservation Area (line 27 on page 56) with Marginal Strip.

Clause 72

In clause 72(1), replace Conservation Area (line 8 on page 57) with Marginal Strip.

Clause 73

In clause 73(1), replace Conservation Area (lines 5 and 11 on page 58) with Marginal Strip in each place.

In clause 73(2), replace a statement (line 12 on page 58) with the statement.

In clause 73(4)(a), replace Conservation Area (line 30 on page 58) with Marginal Strip.

Clause 74

In clause 74(1), replace Conservation Area (lines 1 and 2 on page 59) with Marginal Strip.

Clause 75

In clause 75(1)(b), replace Conservation Area (lines 24 and 28 on page 59) with Marginal Strip in each place.

Clause 77

In clause 77, replace Conservation Area (lines 5 and 6 on page 60) with Marginal Strip.

Clause 79

In clause 79(3), replace Conservation Area (line 31 on page 60) with Marginal Strip.

Clause 94

In clause 94, replace requires another meaning (lines 24 and 25 on page 67) with otherwise requires.

Clause 95

Replace clause 95(1) (line 33 on page 68 to line 4 on page 69) with:

  • (1) In this subpart, RFR land

    • (a) means the land within the RFR area shown on SO 433356 that, on the settlement date, is—

      • (i) vested in the Crown; or

      • (ii) held in fee simple by the Crown; or

      • (iii) a reserve vested in an administering body that derived title from the Crown; and

    • (b) includes land obtained in exchange for a disposal of RFR land under section 108(1)(c) or 109; but

    • (c) does not include a commercial redress property.

Part 3, subpart 5

In Part 3, replace the subpart 5 heading (line 1 on page 79) with:

General provisions

Schedule 2, Part 3

In Schedule 2, Part 3, item relating to Te Heru o Tūreia (Area B), delete Subject to an unregistered grazing concession with a concession number ECHB–15287–GRA.

Schedule 3, Part 2

In Schedule 3, Part 2, item relating to Ngākōauau (Area A), delete Subject to an unregistered vegetation management contract with Hayward Standring Ltd with a concession number WE–27447–GRA.


Explanatory note

This Supplementary Order Paper amends the Ngāti Pāhauwera Treaty Claims Settlement Bill to—

  • change the name of the site to which the statutory acknowledgement relates from relevant part of the Earthquake Slip Conservation Area to relevant part of the Earthquake Slip Marginal Strip:

  • update clause 23(4) because there is no longer a requirement under the Estate and Gift Duties Act 1968 to pay gift duty in respect of a dutiable gifts made after 1 October 2011:

  • insert new clause 46(4), which clarifies that despite section 16 of the Reserves Act 1977, the Minister must not change the name of a reserve site vested under Part 2 without the written consent of the administering body of the reserve:

  • clarify that the definition of RFR land in clause 95(1) does not include a commercial redress property:

  • delete an encumbrance in relation to Te Heru o Tūreia (Area B) specified in Part 3 of Schedule 2 and an encumbrance in relation to Ngākōauau (Area A) specified in Part 2 of Schedule 3 because the rights referred to in those encumbrances have expired:

  • make other technical and drafting amendments to improve the drafting of the Bill.