Supplementary Order Paper No 216

No 216

House of Representatives

Supplementary Order Paper

Thursday, 11 April 2013

Waitaha Claims Settlement Bill


Proposed amendments

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

Preamble

In the Preamble, recital (6), replace confiscation (line 6 on page 7) with confiscated land to be retained by the Crown.

In the Preamble, recital (7), replace did not return (lines 16 and 17 on page 7) with decided to retain.

In the Preamble, recital (8), replace Court (line 20 on page 7) with court.

In the Preamble, recital (10), replace Court (line 34 on page 7) with court.

In the Preamble, recital (12), replace Waitaha was (line 12 on page 8) with Waitaha were.

Clause 5

In clause 5(2)(d)(ii), replace consequential amendments (line 30 on page 9) with a consequential amendment.

In clause 5(3)(b), replace 15 (line 7 on page 10) with 16.

Clause 6

In clause 6(10), replace The treatment (line 7 on page 13) with The Crown acknowledges that the treatment.

In clause 6(14), replace Waitaha was (line 10 on page 14) with Waitaha were.

Clause 9

In clause 9, definition of land holding agency, paragraph (e), replace the Te Puke properties (line 30 on page 18) with a Te Puke property.

In clause 9, definition of responsible department, paragraph (c), replace Economic Development (lines 36 and 37 on page 19) with Business, Innovation, and Employment.

Clause 15

In clause 15(1)(a), replace land (line 17 on page 25) with a property.

In clause 15(2)(aa), replace land (line 23 on page 25) with a property.

In clause 15(2)(a), replace land (line 25 on page 25) with a property.

Clause 17

In clause 17(2), replace an action or matter (line 23 on page 26) with an action or a matter.

Clause 19

In clause 19(2), delete either (line 11 on page 27).

Clause 23

In clause 23(1)(a), replace Economic Development (line 2 on page 29) with Business, Innovation, and Employment.

Clause 30

In clause 30(3), replace an appeal from (lines 17 and 18 on page 31) with an appeal against.

Clause 54A

In clause 54A(1), after repeal (line 20 on page 42) insert by the Legislation Act 2012.

Clause 60

In the heading to clause 60, after other (line 21 on page 44), insert similar.

Clause 71A

In clause 71A, delete the definition of encumbrance (lines 26 to 32 on page 49).

Clause 71F

In the heading to clause 71F, replace Ōtanewainuku and Pūwhenua (line 9 on page 53) with joint cultural redress property.

In clause 71F(1), replace Ōtanewainuku and Pūwhenua Scenic Reserve (line 11 on page 53) with a joint cultural redress property.

Clause 71H

In clause 71H, after encumbrances (line 5 on page 54), insert listed for the property in Schedule 4 or granted in relation to the property before the vesting date.

Clause 71I

Replace clause 71I (lines 6 to 22 on page 54) with:

71I Interests in land for joint cultural redress properties
  • (1) This section applies to a joint cultural redress property while all or part of the property remains a reserve under the Reserves Act 1977 (the reserve land).

    (2) If the property is affected by an encumbrance that is an interest in land listed for the property in Schedule 4 or that is granted in relation to the property before the vesting date, the encumbrance applies as if the administering body were the grantor, or the grantee, as the case may be, of the encumbrance in respect of the reserve land.

    (3) Any encumbrance that is an interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered proprietor of the land.

    (4) However, subsections (2) and (3) do not affect the registration of the easement referred to in section 71C(6).

Clause 71J

In clause 71J(1), after land) (line 25 on page 54), insert that is listed for the property in Schedule 4 or that is granted in relation to the property before the vesting date.

In clause 71J(3), replace section 71 (line 33 on page 54) with section 71I.

Clause 71K

In clause 71K(2)(a), replace an undivided one-sixth share (lines 9 and 10 on page 55) with each undivided one-sixth share.

In clause 71K(2)(b), replace enter on the register (line 24 on page 55) with record on each computer freehold register.

In clause 71K(3), replace the computer freehold register (line 28 on page 55) with a computer freehold register.

In clause 71K(4), replace the trustees and the Crown (lines 33 and 34 on page 55) with the Crown and the persons in whose names the register is to be created.

Clause 71L

In clause 71L(1) (line 4 on page 56), replace 24(2A), with 24,.

Delete clause 71L(2) (lines 6 to 8 on page 56).

In clause 71L(3), replace the rest of section 24 (lines 11 and 12 on page 56) with section 24 (except subsection (2A)).

Clause 71M

In clause 71M(1), delete that is a reserve (line 17 on page 56).

Replace clause 71M(3)(a) (lines 28 to 31 on page 56) with:

  • (a) all of the property, then the Director-General must apply in writing to the Registrar-General to remove from the computer freehold registers for the property the notifications that—

    • (i) section 24 of the Conservation Act 1987 does not apply; and

    • (ii) the property is subject to sections 71F, 71I(3), and 71L(3); or

In clause 71M(3)(b),—

  • (a) replace records (line 33 on page 56) with notifications; and

  • (b)  replace register (line 34 on page 56) with registers.

Cross-heading above clause 71O

Delete the cross-heading above clause 71O (lines 19 and 20 on page 57).

Clause 71O

In clause 71O(1), delete that is a reserve (line 25 on page 57).

In clause 71O(2), delete that is a reserve (lines 27 and 28 on page 57).

Clause 71P

In clause 71P, delete that is a reserve (line 4 on page 58)

Clause 71Q

Replace clause 71Q(1) (lines 10 to 14 on page 58) with:

  • (1) This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister made or imposed under the Reserves Act 1977 or the Conservation Act 1987 in relation to a joint cultural redress property before the property vested under section 71C or 71D.

In clause 71Q(2), delete on use or access (line 15 on page 58).

Clause 71R

Replace clause 71R(1) (lines 19 to 21 on page 58) with:

  • (1) A joint cultural redress property is not a Crown protected area.

  • (1A) The Minister must not change the name of a joint cultural redress property under section 16(10) of the Reserves Act 1977 without the written consent of the administering body of the property, and section 16(10A) of that Act does not apply to the proposed change.

In clause 71R(2), replace meanings (line 22 on page 58) with meaning.

Clause 75

In clause 75(1)(a)(ii), after and 74(3) (line 18 on page 60), insert of this Act.

In clause 75(1)(b)(ii), after and 74(3) (line 24 on page 60), insert of this Act.

In clause 75(4)(b), replace only on the computer freehold register for (line 20 on page 61) with on the computer register only for.

Clause 79

Replace clause 79(1) (lines 25 to 29 on page 62) with:

  • (1) This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister made or imposed under the Reserves Act 1977 or the Conservation Act 1987 in relation to a reserve site before the site vested in the trustees under section 67 or 69.

In clause 79(2), delete on use or access (line 30 on page 62).

Part 3

In the Part 3 heading, delete provided to Waitaha (line 33 on page 63).

Schedule 1

In Schedule 1, delete the item relating to Part of Kaituna River (page 68).

In Schedule 1, after the item relating to Ohineangaanga Stream (page 68), insert:

Part of Kaituna Riveras shown marked in blue on deed plan OTS-075-07
Te Kopuaroa Riveras shown marked in blue on deed plan OTS-075-12

In Schedule 1, delete the item relating to Te Kopuaroa River (page 68).

Schedule 4

Replace the Schedule 4 heading (page 74) with:


Explanatory note

This Supplementary Order Paper amends the Waitaha Claims Settlement Bill. The amendments, which are largely technical or minor in nature—

  • make corrections to land transfer and registration provisions:

  • replace references to the Ministry of Economic Development with references to the Ministry of Business, Innovation, and Employment:

  • make minor adjustments to terminology to ensure clarity and consistency of usage throughout the Bill:

  • correct grammatical and punctuation errors:

  • ensure the items in the schedules are listed in alphabetical order.