Supplementary Order Paper No 112

No 112

House of Representatives

Supplementary Order Paper

Tuesday, 8 September 2015

Te Kawerau ā Maki Claims Settlement Bill

Proposed amendments

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

Clause 11

In clause 11, definition of settlement date (page 17, line 36), replace “20” with “40”.

Clause 14

In clause 14(4), after paragraph (ca) (page 20, after line 18), insert:

(cb)

the collective deed; or

Clause 64

Replace clause 64(5) and (6) (page 39, lines 16 to 23) with:

(5)

Subsections (1) to (4) do not take effect until the trustees have provided—

(a)

the Crown with a registrable easement in gross for a right of way on the terms and conditions set out in part 7.5 of the documents schedule; and

(b)

the registered proprietors of the land contained in computer freehold registers NA651/232, NA885/206, and NA885/207 with a registrable right of way easement on the terms and conditions set out in part 7.6 of the documents schedule.

(6)

Despite the provisions of the Reserves Act 1977, the easements—

(a)

are enforceable in accordance with their terms; and

(b)

are to be treated as having been granted in accordance with the Reserves Act 1977.

New clause 80A

After clause 80 (page 47, after line 27), insert:

80A Interests that are not interests in land

(1)

This section applies to each of the following cultural redress properties that are subject to an interest (other than an interest in land) listed for the property in Schedule 3, and for which there is a grantor, whether or not the interest also applies to land outside the cultural redress property:

(a)

Te Henga site B:

(b)

Parihoa site A.

(2)

The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property.

(3)

The interest applies—

(a)

until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and

(b)

with any other necessary modifications; and

(c)

despite any change in status of the land in the property.

Schedule 3

In Schedule 3, item relating to Te Henga site B, replace the text in the third column (page 86) with:

Subject to being a historic reserve, as referred to in section 64(3).

Subject to the right of way easement in gross referred to in section 64(5)(a).

Subject to the right of way easement referred to in section 64(5)(b).

Subject to the right of access as provided for in clause 1 of the unregistered licence to occupy to A R and R G Bellamy (dated 7 June 1995).

Subject to a registered easement for rights to convey water and convey electricity in favour of the land contained in computer freehold register NA651/232.

Subject to a registered easement for a right to convey water in favour of the land contained in computer freehold register NA885/207.

Subject to a registered easement for a right to convey water in favour of the land contained in computer freehold register NA885/206.

Subject to a registered easement in gross for a right to convey telecommunications and computer media in favour of Chorus New Zealand Limited.

Subject to an unregistered guiding permit with concession number NM-34405-GUI to Black Sheep Touring Company Limited.

Subject to an unregistered permit with concession number 34621-SSE and a variation dated 5 June 2015 to Total Sport Limited.

Subject to an unregistered permit with concession number 40571-SSE and a variation dated 25 June 2015 to Lactic Turkey Events Limited.

In Schedule 3, item relating to Parihoa site A, third column, after the second paragraph (page 86), insert:

Subject to an unregistered permit with concession number 34621-SSE and a variation dated 5 June 2015 to Total Sport Limited.

Subject to an unregistered permit with concession number 40571-SSE and a variation dated 25 June 2015 to Lactic Turkey Events Limited.

Explanatory note

This Supplementary Order Paper sets out amendments to the Te Kawerau ā Maki Claims Settlement Bill.

In clause 11, the definition of settlement date is amended to enlarge, consistently with the deed of settlement, the time between the date of the enactment of the Bill and the date on which most of the substantive provisions of the Bill, such as the vesting of properties, come into effect (see clause 4).

Clause 14 is amended to include the collective deed entitled Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Deed among the matters to which this clause applies.

Clause 64 is amended to provide for a right of way easement for the benefit of certain third parties.

Clause 80A provides, in accordance with the standard approach to interests that are not interests in land, that Te Kawerau ā Maki is to be treated as the grantor of such interests in relation to Te Henga site B and Parihoa site A,

Schedule 3 is amended in relation to Te Henga site B to include, as interests in that property, the right of way easement granted under clause 64 and existing easements for rights to convey water, electricity, and telecommunications and computer media, all of which are to be registered. It also records certain existing unregistered concessions applying to Te Henga site B.

Schedule 3 is amended in relation to Parihoa site A to include 2 existing unregistered concessions that relate to this site.

Departmental disclosure statement

The Office of Treaty Settlements considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.