Ngāti Tūrangitukua Claims Settlement Act 1999

Reprint as at 1 August 2020

Coat of Arms of New Zealand

Ngāti Tūrangitukua Claims Settlement Act 1999

Public Act
 
1999 No 118
Date of assent
 
14 October 1999
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Office for Māori Crown Relations—Te Arawhiti.

Contents

Title
Preamble
1Short Title and commencement
2Act to bind the Crown
Part 1
Apology by the Crown to Ngāti Tūrangitukua
3Apology
4Text in Māori
5Text in English
Part 2
Interpretation
6Interpretation of Act generally
7Interpretation of terms
8Meaning of Ngāti Tūrangitukua claims
Part 3
Settlement of claims
9Settlement of Ngāti Tūrangitukua claims to be final
10Jurisdiction of Tribunal to consider claims [Repealed]
11Enactments relating to resumptive memorials on land subject to Ngāti Tūrangitukua claims no longer to apply
12Removal of resumptive memorials
13Settlement for benefit of Ngāti Tūrangitukua collectively
14Rule against perpetuities not to apply
Part 4
Transfer of settlement properties
15Transfer of settlement properties
16Issue of certificates of title
Part 5
Department of Conservation protocol
17Interpretation
18Authority to issue, amend, or cancel protocol
19Protocol subject to Crown obligations
20Noting of protocol
21Enforceability of protocol
22Limitation of rights
Part 6
Reserves
23Effective date of matters set out in this Part
24Intermediate vesting of certain reserves in the Crown before fee simple estate vests in Ngāti Tūrangitukua Charitable Trust
25Kutai Street reserves
25ANotation on title
26Crown reserves
27Council reserves
28Management of Crown reserves and council reserves
29Power to make bylaws
30Exemption from rates
31Certificate of title for Crown reserves and council reserves
32Structures and improvements on reserves
33Public access rights
34Issue of title to reserves
35Exclusions
36Encumbrances
37Certification of registrable interests
38Successors bound
39Change of name of reserve
Schedule 1
The Treaty of Waitangi
Schedule 2
Attachment 7.4 of Deed of Settlement
Schedule 3
Description of reserves
Reprint notes

An Act—

(a)

to record the apology given by the Crown to Ngāti Tūrangitukua in the deed of settlement executed on 26 September 1998 by the Minister in Charge of Treaty of Waitangi Negotiations, the Right Honourable Sir Douglas Arthur Montrose Graham, for the Crown, and Ngāti Tūrangitukua; and

(b)

to give effect to certain provisions of that deed of settlement, being a deed that settles the Ngāti Tūrangitukua claims

Preamble

He kōrero tāhuhu

A

E mau ake nei te Rārangi Tāpiri Tuatahi mō tēnei ture, e whakaupoko ana i roto i te reo Māori me te reo Pākehā i ngā tikanga o Te Tiriti o Waitangi.

B

Ko Ngāti Tūrangitukua he hapū nō te iwi o Ngāti Tūwharetoa, ā, i heke mai i tō rātou tipuna i a Tūrangitukua. Ko rātou te tangata whenua o te wāhi e tū nei te Tāone o Tūrangi, ā, nō rātou hoki te mana whenua mai rā anō ā mohoa nei.

Whakatakotohia ana e te Karauna tana Kaupapa Whanake Hiko i Tongariro

C

I te tekau tau i muri mai i te tau 1950, hei whakaea noa i te hiahia o muri mai i te Pakanga Tuarua o te Ao kia wawe tonu te whakawhānuitia o ngā rawa pūngao kia taea ai te whakatutuki te whakaahumahitanga o Aotearoa e hōrapa haere ana i taua wā rā, ka whakatakotohia e te Karauna tana kaupapa Whanake Hiko i Tongariro (“WHT”). E tutuki pai ai te WHT me nui tonu ngā kaimahi me te wāhi whakanoho i aua kaimahi ā tutuki noa te kaupapa.

D

E whā ngā wahi i whakaarotia ake hei tūnga mō te tāone e noho ai ngā kaimahi, arā, ko Rotoaira, ko Rangipō, ko Tūrangai-ki- te-uru me Tūrangi-ki-te-rāwhiti. I whakaarotia ake anō kia whakatūria he tāone taupua ki Rotoaira me Rangipō. Heoi anō ko tā te Karauna i pai kē ai ko te whakatū tāone pūmau kia puta anō ai he hua i tāna i whakapau ai kia tū ai taua tāone. Ko ngā wāhi i whakaarotia ake hei tūnga mō te tāone pūmau ko Tūrangi-ki-te-uru, e tū tata rā ki te tāone o Tūrangi o ēnei rā nei, ā, nō Ngāti Tūrangitukua nei taua whenua, tae atu hoki ki te whenua o te Karauna i Tūrangi-ki-te-rāwhiti.

E

Ko te hua e ahu mai ana i te Moana o Taupō i te hunga haere mai ki te torotoro, ki te mātakitaki hoki i te mōhiotia tae atu ki ngā hua ā-pūtea ka puta inā whakatūria he tāone pūmau mēnā rā ki te kitea he whenua kāore i te herea e te rīhi. I whakaarotia ake anōngā ara e māmā ai te tae atu o te tangata ki taua tāone, te āhua o ngā rangi, me te rawaka anō o te whenua kia taea ai tētahi tāone te whakatū, me te whakanui atu ā tōna wā. Ko tā te Karauna i pai ai ko te whenua i Tūrangi-ki-te-uru. I te marama o Hui-tanguru i te tau 1964 ka tīmata te Karauna i tāna mahi, arā, te riro atu o ngā whenua āhua nui tonu o Ngāti Tūrangitukua kāore nei i te herea e te rīhi (i a ia). Kāore i whakaarotia ake e te Karauna ngā āhuatanga kikino ka pā ki a Ngāti Tūrangitukua i te rironga kau noa o ō rātou whenua.

Ka hui te Karauna ki a Ngāti Tūrangitukua

F

I mua atu i tēnei i hui te Karauna ki ētahi o ngā mema o Te Poari Kaitiaki Māori o Tūwharetoa me ētahi o te iwi o Ngāti Tūrangitukua ki te whakamārama i te āhua o te WHT ki a rātou me te riro anō pea i a rātou o ētahi o ngā whenua o Ngāti Tūrangitukua i Tūrangi-ki-te-uru. I te marama o Mahuru i te tau 1964 ko te hui tuatahi a te Karauna ki te katoa o Ngāti Tūrangitukua ki te whiriwhiri i te whānui o te kaupapa e pā ana ki te WHT me te nui o te whenua e hiahiatia ana hei whakatū i te tāone. I taua hui rā i whakaae a Ngāti Tūrangitukua, hei tōna wā anō nei āta whakamanatia ai, kia whakatūria te tāone ki runga i ngā whenua o Ngāti Tūrangitukua. Heoi anō i a Ngāti Tūrangitukua e whakaae atu rā i te whakapono rātou ki ngā kupu taurangi atu a te Karauna mō te āhua o te riro atu o te whenua hei tūnga mō te tāone.

Ka tīmata ngā mahi

G

I muri tonu mai o taua hui o Mahuru rā ka tīmata ngā mahi e pā ana ki te WHT tae atu hoki ki te whakatūnga o te tāone. Inā kē noa atu te nui o te kaimahi i tau mai. Riro ana mā tēnei āhua e whakapōrearea te noho māori a Ngāti Tūrangitukua, ā, takahia ana te mana o ngā kaumātua o Ngāti Tūrangitukua e te Manatū Mahi. Haere ana ngā mahi a te Karauna, arā, te tango whenua, te whakatū hoki i te tāone; aro koretia ake ana ngā pānga mai o ēnei mahi ki a Ngāti Tūrangitukua me ngā kupu taurangi i puta i a ia, i te Karauna. Nui kē noa ake te whenua i riro i tērā i whakaritea i te tīmatanga, ā, i tohe te Karauna kia kaua aua whenua katoa e herea e te rīhi ahakoa āna kōrero o mua atu ko te wāhanga ahumahi o te tāone ka noho tonu hei whenua rīhi. Ukuukutia ana ngā wāhi tapu e te Karauna, ā, korekore ana i paku taea te aha e Ngāti Tūrangitukua, ngā kaitiaki o aua wāhi rā.

Hoko ana te Karauna i ngā rawa

H

Nō te tutukitanga o te kaupapa i ngā tau whakapaunga o te tekau tau atu i 1970 ka tīmata te Manatū Mahi me ētahi atu tari Kāwanatanga ki te hokohoko i ngā rawa o roto mai i te tāone o Tūrangi. Tae rawa mai ki tēnei whakatatūtanga i te take nei kāore a Ngāti Tūrangitukua me ōna whānau i whai wāhi atu ki te rironga mai anō o ō rātou whenua tīpuna.

Te tono i raro i te Ture Tiriti o Waitangi, 1975

I

Ko te tono a Ngāti Tūrangitukua, i rēhitatia nei ki te Taraipiunaro o Waitangi i te tau 1989 i raro i te tau Wai 84, kia takoto he utu mō ngā mahi kino i noho nei ko rātou te papa. Wawe tonu ana te whakahaeretia o te take i waenganui i ngā marama o Paenga-whāwhā me Whiringa-ā-nuku o te tau 1984, ā, i puta te Pūrongo a te Taraipiunara i te marama o Mahuru o te tau 1995.

Ngā whakataunga a te Taraipiunara o Waitangi

J

I whakatau te Taraipiunara he nui tonu ngā takatakahitanga a te Karauna i ngā mātāpono o te Tiriti o Waitangi—

(i)

i riro i te Karauna tētahi whenua Māori i Tūrangi-ki-te-uru i te wā he whenua tonu tō te Karauna i Tūrangi-ki-te-rāwhiti:

(ii)

kāore i rawaka ngā huihuinga a te Karauna ki a Ngāti Tūrangitukua mō te āhua ki te whakatūnga o te tāone:

(iii)

ko te whenua i riro hei tūnga mō te tāone i neke atu te nui i tērā i oatitia e te Karauna ka riro i a ia:

(iv)

ko te whenua i whakaae te Karauna ka rīhitia mōngā āhuatanga ahumahi, ā, ka whakahokia mai ki te iwi i te ekenga o te 10–12 tau i āta tangohia kēhia atu, kore rawa nei i whakahokia mai:

(v)

ukuukutia ana, tūkinotia ana ngā wāhi tapu i te wā i whakatūria ai te tāone:

(vi)

kāore i rawaka te utu mō ngā whenua i riro:

(vii)

kore rawa atu te Karauna i aro ake ki te taha tiaki i te taiao:

(viii)

kāore i kauanuanutia e te Karauna te mana tangata whenua o Ngāti Tūrangitukua:

(ix)

ko ngā whakarite o roto i te Ture Mahi Tūmatanui 1928 me te Ture Tāone o Tūrangi 1964, i waiho nei e te Karauna hei tautoko i tā rātou urutomo, tango kau noa i te whenua o Ngāti Tūrangitukua kei te noho taupatupatu ki te Ture II o te Tiriti e kī rā e āhei ana te Māori ki te pupuri i ōna whenua ā eke noa ki te wā e hiahia ai ia ki te hoko.

K

Ko te whakatau a te Taraipiunara nā ngā mahi takatakahi a te Karauna i ngā mātāpono o te Tiriti he nui tonu ngā whenua tipuna o Ngāti Tūrangitukua i ngaro atu. Noho ana ko te tūāpapa ohaoha, iwi anō hoki hei papa mō tēnei mahi, ā, me te aha anō mate ana ko te taha wairua, taha tikanga, taha ohaoha o Ngāti Tūrangitukua.

Te whakahaerenga o te take kimi rongoā

L

Nō muri i te putanga o te pūrongo a te Taraipiunara ka noho te Karauna rāua ko Ngāti Tūrangitukua ki te whiriwhiri, ki te kimi rongoā anō hoki mō ngā mate i pā ki a Ngāti Tūrangitukua.

M

Ko ngā whiriwhiritanga i waenganui i te Karauna me Ngāti Tūrangitukua i mutu noa iho ki te takiwā i te marama o Pipiri i te tau 1996. I te marama o Hōngongoi i te tau 1996, i whakaaetia a Ngāti Tūrangitukua kia whakahaeretia tana take kimi rongoā ki mua i te aroaro o te Taraipiunara o Waitangi kia āta whakatauhia ai me tino aha ngā āhuatanga whakatatū mō roto o Wai 84, tae atu ki te whakahokinga mai o ngā whenua me ngā whakapainga i aua whenua i runga anō i tā te Tekiona 27B te Ture Hinonga Kāwanatanga i kī ai. Ko te whakahaeretanga o tēnei take i tū ki te marae o Hīrangi i te marama o Hōngongoi o te tau 1997.

Ngā whiriwhiritanga i waenganui i a Ngāti Tūrangitukua me te Karauna

N

Nō muri mai i te putanga o te pūrongo a te Taraipiunara o Waitangi e kiia nei ko Te Pūrongo Kimi Rongoā e Pā Ana ki te Tāone o Tūrangi i te marama o Hōngongoi o te tau 1998, ka noho anō te Karauna rāua ko Ngāti Tūrangitukua ki te kimi, ki te whakaae i tētahi whakatatūtanga whakamutunga o ngā tono a Ngāti Tūrangitukua, ā, ki te whakakore anō hoki i te mamae e pā tonu ana ki a Ngāti Tūrangitukua.

Te whakatatūtanga o ngā tono

O

Ko te Karauna, i runga anō i tana whakaae he nui ngā mate i pā ki a Ngāti Tūrangitukua, ā, takea mai ana i reira te ngoi kore haere o te taha ohaoha, taha iwi, taha tikanga o Ngāti Tūrangitukua, i whakaotia tētahi Puka Whakatatū, i te 26 o ngā rā o Mahuru 1998, ā, ki reira takoto mai ai ngā āhuatanga katoa e taea ai ngā tono katoa a Ngāti Tūrangitukua te whakatatū, te whakaae mō ake tonu atu, ā, e pēnei ana anō hoki te hiahia o Ngāti Tūrangitukua.

Background in English

A

The Treaty of Waitangi is set out, in Māori and English, in Schedule 1.

B

Ngāti Tūrangitukua, a hapū of the tribe Ngāti Tūwharetoa, are descended from their tūpuna, Tūrangitukua. They are the tangata whenua of the area now comprised in the Turangi Township, and have had the mana whenua of that land since time immemorial.

The Crown develops the TPD proposal

C

In the 1950s, in response to post World War II needs for rapid expansion of energy resources to meet the growing industrialisation in New Zealand, the Crown developed the Tongariro Power Development (“TPD”) proposal. At that time, it was the largest hydro development to be undertaken in New Zealand. The TPD would require a large construction force, and accommodation for that force, for the duration of the project.

D

Four sites were considered for the township to accommodate the project workers: Rotoaira, Rangipo, Turangi West, and Turangi East. Temporary townships were considered at the sites of Rotoaira and Rangipo. However, the Crown favoured the provision of a permanent township which would ensure a return on its investment. Sites for a permanent township were considered at Turangi West, adjacent to the existing Turangi village and owned by Ngāti Tūrangitukua, as well as Crown-owned land at Turangi East.

E

The tourist potential of Lake Taupo was appreciated, as well as the economic benefits that could be captured by creating a permanent township, if a suitable freehold site were available. Having regard to accessibility, climate, and adequacy of suitable land for development of a township, the Crown preferred the Turangi West site. In February 1964, the Crown began the process which was to see the acquisition of the freehold interest in a significant portion of Ngāti Tūrangitukua’s ancestral land. It did not take into account the negative effects for Ngāti Tūrangitukua of compulsorily acquiring its land.

The Crown meets Ngāti Tūrangitukua

F

At an earlier stage, the Crown had met with members of the Tuwharetoa Maori Trust Board and some members of Ngāti Tūrangitukua to advise them of the nature of the TPD project and to discuss the possibility of acquiring land owned by Ngāti Tūrangitukua at the Turangi West site. In September 1964, the Crown met with Ngāti Tūrangitukua as a whole for the first time to discuss the scope of the TPD including the land required for the township. Ngāti Tūrangitukua there agreed in principle that the township be constructed on Ngāti Tūrangitukua land. However, in so agreeing, Ngāti Tūrangitukua relied on various assurances and undertakings given to it by the Crown as to the acquisition of land for the township.

Construction begins

G

The construction of the TPD and the township began almost immediately after the September meeting. There was a large influx of construction workers. This disrupted the traditional lifestyles of Ngāti Tūrangitukua people, and the Ministry of Works undermined the authority of Ngāti Tūrangitukua kaumātua. The Crown had proceeded to acquire land and develop the township without proper regard for the interests of Ngāti Tūrangitukua or for the assurances and undertakings given to it by the Crown. Considerably more land was acquired than had originally been outlined, and the Crown insisted on acquiring the freehold of all the land, notwithstanding earlier statements that the industrial area of the town would be leased. Wāhi tapu were destroyed by the Crown, and the people of Ngāti Tūrangitukua, their kaitiaki, were powerless to protect them.

The Crown sells assets

H

Following the completion of the project in the late 1970s, the Ministry of Works and other government departments began a process of selling assets within the Turangi township. Until the present settlement, Ngāti Tūrangitukua and its constituent whānau were effectively denied the opportunity to regain ownership of their ancestral lands.

Claim under the Treaty of Waitangi Act 1975

I

The Ngāti Tūrangitukua claim, registered with the Waitangi Tribunal as Wai 84 in 1989, sought compensation for these grievances. The claim was heard under urgency between April and October 1994, and the Tribunal’s Report was released in September 1995.

Findings of the Waitangi Tribunal

J

The Tribunal found that the Crown had breached the principles of the Treaty of Waitangi in a number of ways—

(i)

the Crown acquired Māori land at Turangi West when Crown land at Turangi East was available:

(ii)

the Crown did not adequately consult with Ngāti Tūrangitukua regarding the construction of the township:

(iii)

the land taken for the township was in excess of the maximum area that the Crown promised it would take:

(iv)

the land the Crown undertook to lease for industrial purposes and return to the people after 10 to 12 years was compulsorily acquired and not returned:

(v)

wāhi tapu were destroyed or damaged in the construction of the township:

(vi)

adequate compensation was not paid for land acquired:

(vii)

the Crown did not give full effect to conservation values:

(viii)

the Crown did not pay Ngāti Tūrangitukua the respect due its mana as tangata whenua:

(ix)

the provisions of the Public Works Act 1928 and the Turangi Township Act 1964, relied on by the Crown in entering and taking the claimants’ land, are inconsistent with the basic guarantee in Article 2 of the Treaty that Māori may keep their land until such time as they wish to sell it.

K

The Tribunal found that, as a result of the Crown’s breaches of the principles of the Treaty, Ngāti Tūrangitukua lost much of its ancestral land. Its social and economic base was seriously eroded causing spiritual, cultural, and economic prejudice to Ngāti Tūrangitukua.

The remedies hearing

L

Following the release of the Tribunal report, the Crown and Ngāti Tūrangitukua entered into negotiations to seek resolution of Ngāti Tūrangitukua’s grievances.

M

Negotiations between the Crown and Ngāti Tūrangitukua broke down in June 1996. In July 1996, Ngāti Tūrangitukua was granted a remedies hearing before the Waitangi Tribunal to identify with more specificity the contents of any settlement package for Wai 84, including the resumption of properties subject to section 27B of the State-Owned Enterprises Act 1986. That hearing was held at Hirangi Marae in July 1997.

Negotiations between Ngāti Tūrangitukua and the Crown

N

Following the release of the Waitangi Tribunal’s Turangi Township Remedies Report in July 1998, the Crown and Ngāti Tūrangitukua again negotiated to achieve a full and final settlement of Ngāti Tūrangitukua’s Treaty claims and to remove the continuing sense of grievance.

Settlement of claims

O

The Crown, having acknowledged that Ngāti Tūrangitukua suffered injustices which impaired Ngāti Tūrangitukua’s economic, social, and cultural development, entered into a deed of settlement on 26 September 1998 recording the matters required to give effect to a full and final settlement of Ngāti Tūrangitukua’s Treaty claims relating to the development and construction of the Turangi Township and its after-effects, and Ngāti Tūrangitukua also entered into that deed of settlement.

 
1 Short Title and commencement

(1)

This Act may be cited as the Ngāti Tūrangitukua Claims Settlement Act 1999.

(2)

This Act comes into force on the day after the date on which it receives the Royal assent.

2 Act to bind the Crown

This Act binds the Crown.

Part 1 Apology by the Crown to Ngāti Tūrangitukua

3 Apology

This Part records the apology given by the Crown to Ngāti Tūrangitukua in the deed of settlement.

4 Text in Māori

The text of the apology in Māori is as follows:

1

E whakaae ana te Karauna mō te āhua ki te whakatūnga o te tāone o Tūrangi kāore ia i ū ki ngā mātāpono o te Tiriti o Waitangi i roto i āna mahi ki a Ngāti Tūrangitukua. Nā te āhua i waenganui i ngā iwi e rua i haina nei i te Tiriti e tika ana te Karauna kia aronui ki ngā hiahia o te Māori, ā, e kī ana te Karauna i hē ia he kore nōna i aronui atu ki ngā hiahia o te hapū.

2

E whakaae ana te Karauna kāore ia i āta whiriwhiri, i rawaka rānei āna whiriwhiritanga ki a Ngāti Tūrangitukua i te katoa o te wā e whakatūria ana te tāone o Tūrangi i muri mai hoki i tērā, ā, e kī ana a ia nā tēnei hē ōna kāore i aronuitia, kāore hoki i kauanuanutia a Ngāti Tūrangitukua me tōna mana tangata whenua tae atu hoki ki ngā kaumātua me ō rātou nā mana.

3

E whakaae ana te Karauna nā te mea nō Ngāti Tūrangitukua te whenua e tika ana kia manaakitia rātou i raro anō i te Tiriti, ā, nā te mea i whakapono rātou ki ngā kupu taurangi atu a te Karauna ka whakaae atu a Ngāti Tūrangitukua ki te whakawātea i tō rātou whenua i Tūrangi hei wāhi tūnga mō te tāone, ā, nā te korenga o te Karauna i ū ki tāna i kī ai kāore i whāia ngā mātāpono o te Tiriti.

4

E tino pāpōuri ana te ngākau o te Karauna mō tāna i mahi ai ki te katoa o Ngāti Tūrangitukua i te wā o te whakatūnga o te tāone, ā, i muri mai i tērā kāore te Karauna i āta tiaki i ngā wāhi tapu, ā, noho ana ko te taha wairua me te taha tikanga o Ngāti Tūrangitukua hei papa.

5

E tino pāpōuri ana te Karauna mō āna mahi hē i mahi ai, nā reira e whakaae nei ki te whakatatūtanga o ngā tono kua roa nei e takoto ana a Ngāti Tūrangitukua e rārangi mai nei i te Whakatatūtanga i hainahia nei i te 26 o ngā rā o Mahuru 1998.

5 Text in English

The text of the apology in English is as follows:

1

The Crown acknowledges that, in relation to the construction of the Turangi township, it failed to act towards Ngāti Tūrangitukua in a manner consistent with the principles of the Treaty of Waitangi. The relationship between the Treaty partners obliges the Crown actively to protect Māori interests and the Crown apologises that it did not actively protect the interests of the hapū.

2

The Crown acknowledges that it failed to consult fully or adequately with Ngāti Tūrangitukua throughout the process of the construction of the Turangi Township and after that process, and apologises that in this failure it did not accord to Ngāti Tūrangitukua the respect due their mana as tangata whenua and in particular failed to accord to kaumātua the respect due their mana.

3

The Crown acknowledges that Ngāti Tūrangitukua, as landowners and entitled to be protected under the Treaty, relied on the assurances and undertakings given to them by the Crown in return for which the people of Ngāti Tūrangitukua agreed to make their land at Turangi available for the township, and that in failing to honour those assurances and undertakings, the Crown did not act in accordance with Treaty principles.

4

The Crown expresses its profound regret to all members of Ngāti Tūrangitukua that, during the course of construction of the township, and subsequently, the Crown failed actively to protect wāhi tapu, and that this has been to the detriment of Ngāti Tūrangitukua’s spiritual and cultural well-being.

5

The Crown apologises unreservedly for these acknowledged injustices and accordingly settles with Ngāti Tūrangitukua the claims set out in the deed of settlement signed on 26 September 1998.

Part 2 Interpretation

6 Interpretation of Act generally

It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.

7 Interpretation of terms

In this Act, unless the context otherwise requires,—

ancillary claimant means a person listed in Schedule 1 of the ancillary claims deed

ancillary claims deed means the deed concluded under section 8 of the deed of settlement and executed on 21 December 1998

business day means the period of 9 am to 5 pm on any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Labour Day, and Waitangi Day; and

(b)

a day in the period commencing with 25 December in any year, and ending with the close of 5 January in the following year; and

(ba)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(c)

the days observed as the anniversaries of the provinces of Wellington and Auckland

chief executive means the chief executive of Land Information New Zealand

Council means the Taupo District Council

council reserves means the land described in Parts 4, 5, 6, and 7 of Schedule 3

Crown means Her Majesty the Queen in right of New Zealand and includes, where appropriate, the Ministers and departments of the Crown that are involved in, or bound by the terms of the deed of settlement to participate in, any aspect of redress under the deed of settlement

Crown body means the Crown (whether acting through a Minister of the Crown or otherwise), or a Crown entity (as defined in section 2(1) of the Public Finance Act 1989), or a State enterprise (as defined in section 2 of the State-Owned Enterprises Act 1986), or any company which is wholly-owned by a Crown entity or a State enterprise

Crown reserves means the land described in Part 3 of Schedule 3

deed of settlement—

(a)

means the deed of settlement executed on 26 September 1998 by the Minister in Charge of Treaty of Waitangi Negotiations the Right Honourable Sir Douglas Arthur Montrose Graham, for the Crown, and Ngāti Tūrangitukua; and

(b)

includes the attachments to the deed of settlement and any amendments to the deed or the attachments

encumbrance means a lease, licence, permit, easement, access arrangement, consent, or third party right, whether registered or unregistered at the date of the deed of settlement

natural and physical resources has the same meaning as in section 2 of the Resource Management Act 1991

Ngāti Tūrangitukua means the collective of individuals, being a hapū of Ngāti Tūwharetoa, who descend from the tūpuna Tūrangitukua

Ngāti Tūrangitukua Charitable Trust means the charitable trust known by that name, established by a trust deed dated 9 November 1997 and registered as a board under the Charitable Trusts Act 1957

Ngāti Tūrangitukua claimant means—

(a)

1 or more of the trustees or beneficiaries of the Ngāti Tūrangitukua Charitable Trust; or

(b)

1 or more individuals, whānau, or marae of Ngāti Tūrangitukua, acting individually or collectively; or

(c)

an ancillary claimant; or

(d)

the claimants in respect of Wai 84; or

(e)

a person acting on behalf of the person or persons specified in any of paragraphs (a) to (d)

Ngāti Tūrangitukua claims has the meaning set out in section 8

Registrar means the Registrar-General of Land

reserve has the same meaning as in section 2 of the Reserves Act 1977

settlement means the settlement to be effected pursuant to the deed of settlement

settlement date means the date which is 20 business days after the date on which this Act comes into force

settlement property means a property to be transferred under section 4 of the deed of settlement

Turangi Township means the land described in SO 38104

Turangitukua Nominees Limited means a company of that name incorporated under the Companies Act 1993

Wai 84 means the claim filed in the Waitangi Tribunal relating to the acquisition of the land by the Crown for the construction of the Turangi Township, being the claim to which the Waitangi Tribunal’s Turangi Township Report 1995 and Turangi Township Remedies Report 1998 relate.

Section 7 business day paragraph (ba): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

8 Meaning of Ngāti Tūrangitukua claims

(1)

In this Act, Ngāti Tūrangitukua claims—

(a)

means all claims (whether or not researched, registered, or notified) made at any time by a Ngāti Tūrangitukua claimant and—

(i)

founded on rights arising in or by the Treaty of Waitangi, the principles of the Treaty of Waitangi, statute, common law (including customary law and aboriginal title), fiduciary duty, or otherwise; and

(ii)

arising out of or relating to any loss of interests in land, water, rivers, harbours, minerals, forests, or any natural and physical resources, caused by acts or omissions by or on behalf of the Crown or by or under legislation, being a loss that occurred in the period between 31 January 1964 and 21 September 1992; and

(b)

includes—

(i)

all of the claims made by Ngāti Tūrangitukua against the Crown arising from those historical grievances of Ngāti Tūrangitukua which are referred to in Wai 84; and

(ii)

the ancillary claims; but

(c)

excludes the claims (other than the ancillary claims) relating to land and other resources outside the Turangi Township in respect of losses also suffered by other hapū of Ngāti Tūwharetoa.

(2)

In subsection (1),—

ancillary claims means all claims made at any time by any person, arising out of an alleged act or omission of the Crown during the acquisition and construction of Turangi Township and the construction of the Tongariro Power Development Scheme

interest includes any legal or equitable right, title, power, privilege, or benefit

loss, in relation to any of the interests referred to in subsection (1)(a)(ii), includes extinguishment of, diminution of, or adverse effect on, any such interest.

Part 3 Settlement of claims

9 Settlement of Ngāti Tūrangitukua claims to be final

(1)

The settlement of the Ngāti Tūrangitukua claims to be effected pursuant to the deed of settlement, the ancillary claims deed, and this Act is final, and the Crown is released and discharged in respect of those claims.

(2)

Subsection (1) does not limit the deed of settlement or the ancillary claims deed.

(3)

Despite any other enactment or rule of law, no court or tribunal has jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of,—

(a)

any or all of the Ngāti Tūrangitukua claims; or

(b)

the validity of the deed of settlement or the ancillary claims deed; or

(c)

the adequacy of the redress provided to Ngāti Tūrangitukua and others under this Act, the deed of settlement, or the ancillary claims deed; or

(d)

this Act.

(4)

Subsection (3) does not exclude the jurisdiction of a court or tribunal in respect of the interpretation or implementation of the deed of settlement, the ancillary claims deed, or this Act.

10 Jurisdiction of Tribunal to consider claims
[Repealed]

Section 10: repealed, on 23 May 2008, by section 7 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

11 Enactments relating to resumptive memorials on land subject to Ngāti Tūrangitukua claims no longer to apply

(1)

Nothing in the following enactments applies in relation to any land in the Turangi Township:

(a)

sections 8A to 8H of the Treaty of Waitangi Act 1975; or

(b)

the amendments made to the Treaty of Waitangi Act 1975 by Part 4 of the New Zealand Railways Corporation Restructuring Act 1990; or

(c)

sections 27A to 27C of the State-Owned Enterprises Act 1986; or

(d)

sections 568 to 570 of the Education and Training Act 2020; or

(e)

Part 3 of the New Zealand Railways Corporation Restructuring Act 1990.

(2)

Subsection (1)(c) does not apply to the land comprised in certificate of title 34C/191 (Wellington Registry).

Section 11(1)(d): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

12 Removal of resumptive memorials

(1)

The chief executive must, as soon as reasonably practicable after the settlement date, issue to the Registrar 1 or more certificates that identify each certificate of title relating to land in the Turangi Township that contains a resumptive memorial entered under any of the enactments referred to in section 11.

(2)

Each certificate must state that it is issued under this section.

(3)

The Registrar must, as soon as reasonably practicable after receiving a certificate issued under subsection (1), and without fee to the registered proprietor or to the Ngāti Tūrangitukua Charitable Trust,—

(a)

register the certificate against each certificate of title identified in the certificate; and

(b)

cancel each resumptive memorial that, under any of the enactments referred to in section 11, is entered on a certificate of title identified in the certificate.

(4)

Subsection (3) does not require the Registrar to note any duplicate certificate of title.

(5)

This section does not apply to the land comprised in certificate of title 34C/191 (Wellington Registry).

13 Settlement for benefit of Ngāti Tūrangitukua collectively

(1)

The settlement is for the benefit of Ngāti Tūrangitukua collectively, and not for the benefit of any individual or single whānau.

(2)

Subsection (1) does not apply to section 8 of the deed of settlement.

14 Rule against perpetuities not to apply

The rule against perpetuities or any relevant provisions of the Perpetuities Act 1964 do not apply to any document entered into to give effect to the settlement, if the application of that rule or the provisions of that Act would otherwise make the document invalid or ineffective.

Part 4 Transfer of settlement properties

15 Transfer of settlement properties

(1)

Despite any other enactment or rule of law, for the purposes of giving effect to the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do 1 or more of the following:

(a)

purchase or otherwise acquire any settlement property from a Crown body:

(b)

grant or take a lease of any settlement property to or from a Crown body:

(c)

transfer any settlement property to the Ngāti Tūrangitukua Charitable Trust or its nominee:

(d)

sign any memorandum of transfer or lease, or any other document, or do any other thing for the purposes of any such purchase, acquisition, lease, or transfer.

(2)

Section 40 of the Public Works Act 1981 (but not sections 41 and 42 of that Act), and that section as applied by any other Act, applies to the transfer of any settlement property under subsection (1)(c).

(3)

Except as expressly provided otherwise in, or by operation of, this Act, nothing in subsection (1) limits—

(a)

subsection (4); or

(b)

sections 10 and 11 of the Crown Minerals Act 1991; or

(c)

any other reservation made by any enactment or statutory instrument; or

(d)

any other enactment which must be complied with before any disposal.

(4)

Nothing in the Land Act 1948 applies to any settlement property that is to be transferred from a Crown body to another Crown body or to the Ngāti Tūrangitukua Charitable Trust or its nominee, or vested in the Ngāti Tūrangitukua Charitable Trust or its nominee, for the purposes of giving effect to the deed of settlement.

(5)

Nothing in the Land Act 1948 restricts the period for which a lease may be granted under subsection (1)(b).

16 Issue of certificates of title

(1)

In this section, settlement property means a settlement property—

(a)

for which no certificate of title has been issued under the Land Transfer Act 1952; and

(b)

the fee simple estate in which—

(i)

is vested in, or held by, the Crown; and

(ii)

is to be acquired by, or transferred to, the Ngāti Tūrangitukua Charitable Trust or its nominee, under the deed of settlement.

(2)

Despite any other enactment or rule of law, the Registrar must, at the request of the Commissioner of Crown Lands and after the completion of such survey (if any) as may be necessary, issue a certificate of title under the Land Transfer Act 1952 for the fee simple estate in a settlement property in the name of the Crown.

(3)

The certificate of title is subject to, and has the benefit of, any relevant easements, encumbrances, restrictions, and other interests, details of which must be set out in the request of the Commissioner of Crown Lands.

Part 5 Department of Conservation protocol

17 Interpretation

In this Part, protocol means a statement in writing issued, in accordance with section 18(1), by the Crown through the Minister of Conservation to Ngāti Tūrangitukua, which sets out—

(a)

how the Department of Conservation will exercise its functions, powers, and duties in relation to specified matters in or in the vicinity of Turangi Township; and

(b)

how the Department of Conservation will, on a continuing basis, interact with Ngāti Tūrangitukua and provide for Ngāti Tūrangitukua’s input into its decision-making process.

18 Authority to issue, amend, or cancel protocol

(1)

The Crown, acting by and through the Minister of Conservation, may issue a protocol in the form set out in attachment 6.2 of the deed of settlement.

(2)

The Minister of Conservation may amend and cancel the protocol.

(3)

The protocol may be amended or cancelled, under subsection (2), at the initiative of either the Minister of Conservation or Turangitukua Nominees Limited.

(4)

The Minister of Conservation may amend or cancel the protocol under this section only after consulting Turangitukua Nominees Limited.

(5)

As soon as reasonably practicable after the issue, amendment, or cancellation of the protocol, the Minister of Conservation must notify the issue, amendment, or cancellation in the Gazette.

19 Protocol subject to Crown obligations

The protocol is issued and amended subject to, and without restriction upon,—

(a)

the obligations of the Minister of Conservation and the Department of Conservation to discharge their respective functions, powers, and duties in accordance with existing law and government policy from time to time; and

(b)

the Crown’s powers to amend policy, and introduce legislation amending existing law.

20 Noting of protocol

(1)

The existence of the protocol, once issued, and as amended from time to time, including the definition of a protocol as set out in section 17 and a summary of the terms of issue of the protocol, must be noted in conservation management strategies, conservation management plans, and national park management plans affecting the area covered by the protocol.

(2)

Noting of the protocol under subsection (1) is for the purpose of public notice only and is not an amendment to the relevant strategies or plans for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.

21 Enforceability of protocol

(1)

The Minister of Conservation must comply with the protocol as long as it remains in force.

(2)

If the Minister of Conservation fails unreasonably to comply with the protocol, the Turangitukua Nominees Limited may, subject to the Crown Proceedings Act 1950, enforce the protocol by way of public law action against the Minister of Conservation.

(3)

No person or body, other than the Turangitukua Nominees Limited, may enforce the protocol against the Minister of Conservation.

(4)

Despite subsection (2), damages are not a remedy available for failure to comply with the obligation in subsection (1).

(5)

This section does not apply to any guidelines developed under the protocol.

22 Limitation of rights

Except as expressly provided in sections 19 to 21 or the protocol, the protocol does not grant, create, or provide evidence of an estate, interest, or right of any kind for land held, managed, or administered under the Conservation Act 1987 or an Act listed in Schedule 1 of that Act.

Part 6 Reserves

23 Effective date of matters set out in this Part

The revocation of reserves by sections 25(3), 26(2), and 27(3) and the vesting of the fee simple estate in those reserves in accordance with sections 25(4), 26(3), and 27(4) takes effect on the settlement date.

24 Intermediate vesting of certain reserves in the Crown before fee simple estate vests in Ngāti Tūrangitukua Charitable Trust

(1)

This section applies to the revocation of a reserve as a reserve under section 25(3), section 26(2), or section 27(3) if the reserve is—

(a)

a Crown reserve; or

(b)

a council reserve that, immediately before it was vested in the Council, was owned by the Crown.

(2)

Before the fee simple estate in a reserve vests in the Ngāti Tūrangitukua Charitable Trust under section 25(4), section 26(3), or section 27(4), the reserve vests in the Crown.

25 Kutai Street reserves

(1)

In this section, Kutai Street reserves means the land described in Parts 1 and 2 of Schedule 3.

(2)

The land described in Part 2 of Schedule 3 is declared a reserve and classified as a recreation reserve under the Reserves Act 1977.

(3)

The reservation of the Kutai Street reserves as reserves are revoked.

(4)

The fee simple estates in the Kutai Street reserves are vested in the Ngāti Tūrangitukua Charitable Trust, subject to all encumbrances.

(5)

Subsection (4) is subject to section 24.

(6)

The vesting under subsection (4) is—

(a)

subject to a public pedestrian right of way that is 3 m in width and immediately adjacent to the Tongariro River; and

(b)

to avoid doubt, free from a requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

(7)

If, at any time and for any reason, the course of the Tongariro River is altered, the right of way referred to in subsection (6)(a), immediately adjacent to the river, is determined by the course of the river.

Section 25(6): added, on 22 October 2003, by section 3 of the Ngāti Tūrangitukua Claims Settlement Amendment Act 2003 (2003 No 89).

Section 25(7): added, on 22 October 2003, by section 3 of the Ngāti Tūrangitukua Claims Settlement Amendment Act 2003 (2003 No 89).

25A Notation on title

(1)

The Registrar-General of Land is authorised and directed to make entries in the register under the Land Transfer Act 1952 and on the certificates of title for the Kutai Street reserves, and generally do what is necessary to give effect to the provisions of section 25(6) and (7) of this Act.

(2)

The Registrar must enter on the certificates of title for the Kutai Street reserves the following words:

“

Subject to a public pedestrian right of way that is 3 m in width and immediately adjacent to the Tongariro River, as provided for by section 25(6) and (7) of the Ngāti Tūrangitukua Claims Settlement Act 1999.”

(3)

Subsection (2) does not limit subsection (1).

(4)

Section 37 does not apply in respect of the right of way created under section 25(6).

Section 25A: inserted, on 22 October 2003, by section 4 of the Ngāti Tūrangitukua Claims Settlement Amendment Act 2003 (2003 No 89).

26 Crown reserves

(1)

The appointment of the Council to control and manage the Crown reserves as reserves is revoked.

(2)

The reservation of the Crown reserves as reserves is revoked.

(3)

The fee simple estates in the Crown reserves are vested in the Ngāti Tūrangitukua Charitable Trust, subject to all encumbrances.

(4)

Subsection (3) is subject to section 24.

27 Council reserves

(1)

The land described in Part 6 of Schedule 3 is declared a reserve and classified as a recreation reserve under the Reserves Act 1977.

(2)

The land described in Part 7 of Schedule 3 is declared a reserve and classified as a local purpose (water supply) reserve under the Reserves Act 1977.

(3)

The reservation of the council reserves as reserves is revoked.

(4)

The fee simple estates in the council reserves are vested in the Ngāti Tūrangitukua Charitable Trust, subject to all encumbrances.

(5)

Subsection (4) is subject to section 24.

28 Management of Crown reserves and council reserves

(1)

The agreement of Ngāti Tūrangitukua in clause 7.2.5 of the deed of settlement to the Council controlling and managing the Crown reserves and the council reserves is sufficient for the purposes of section 38(1) of the Reserves Act 1977.

(2)

The approval of the Minister of Conservation to the Council controlling and managing the Crown reserves and the council reserves is deemed to have been given for the purposes of section 38(1) of the Reserves Act 1977.

(3)

Each Crown reserve or council reserve may be controlled and managed by the Council—

(a)

as if it were classified as a local purpose reserve under the Reserves Act 1977 for the purpose of community buildings or drainage or waterworks where that purpose is specified in column 4 of Parts 5 and 7 of Schedule 3:

(b)

as if it were classified as a recreation reserve under the Reserves Act 1977 where that purpose is specified in column 4 of Parts 3 to 6 of Schedule 3.

(4)

The control and management by the Council of the Crown reserves and council reserves is subject to the restrictions, terms, and conditions set out in attachment 7.4 of the deed of settlement (and recorded in Schedule 2) as if those restrictions, terms, or conditions were approved under section 38(1) of the Reserves Act 1977.

(5)

The quoting in Schedule 2 of the restrictions, terms, and conditions referred to in subsection (4) is a matter of record only and does not give them any greater force or effect than they have as terms and conditions under section 38(1) of the Reserves Act 1977.

(6)

Despite subsection (3), the Council may, in accordance with the Reserves Act 1977, change the purpose of any reserve in Part 3, Part 4, Part 5, Part 6, or Part 7 of Schedule 3 by changing the reserve classification specified in column 4 of that part of that schedule.

(7)

The control and management by the Council of the council reserves in Part 5, Part 6, or Part 7 of Schedule 3 continues in perpetuity in accordance with this section or until the Council decides, by resolution, that all or any part of the land is no longer required for a reserve.

29 Power to make bylaws

Sections 106 to 108 of the Reserves Act 1977 apply in respect of the Crown reserves and council reserves as if—

(a)

the Crown reserves and council reserves were reserves under that Act; and

(b)

the Council were the administering body of the Crown reserves and council reserves as reserves under that Act.

30 Exemption from rates

The Council may exempt a Crown reserve or a council reserve from rates so long as that reserve is controlled and managed for the purpose specified in section 28(3) and column 4 of Part 3, Part 4, Part 5, Part 6, or Part 7 of Schedule 3, as specified in the restrictions, terms, and conditions referred to in section 28(4), or for a purpose changed in accordance with section 28(6).

31 Certificate of title for Crown reserves and council reserves

The Registrar must, when issuing a certificate of title for a Crown reserve or a council reserve, or when recording the vesting of the fee simple estate in a Crown reserve or a council reserve in accordance with section 25, section 26, or section 27, make a notation on the certificate of title recording that the land is subject to sections 28 and 33.

32 Structures and improvements on reserves

(1)

In this section, reserve assets means the structures, utilities, and improvements over, under, or upon the Crown reserves or the council reserves.

(2)

The ownership of the reserve assets on the council reserves specified in Part 5, Part 6, or Part 7 of Schedule 3 will be retained by the person who owned those assets as at 26 September 1998 and, if section 10 or section 10A or section 20 of the Resource Management Act 1991 then applied to the activities for which the reserve assets are used, those provisions continue to apply.

(3)

The ownership of the reserve assets on the Crown reserves and the council reserves specified in Part 3 or Part 4 of Schedule 3 is vested in the Council.

(4)

Subsection (2) applies to each council reserve specified in Part 5 or Part 6 of Schedule 3 and subsection (3) applies to each Crown reserve and each council reserve specified in Part 3 or Part 4 of Schedule 3, whether or not that Crown reserve or council reserve continues to be controlled and managed by the Council.

(5)

The Council or its agents may, from time to time, maintain, repair, remove, renew, add to, expand, or replace any reserve assets and may install or erect new structures utilities, or improvements if it considers it reasonably necessary to do so.

(6)

The person who, from time to time, owns the reserve assets and the Council have rights of unrestricted access onto and over the Crown reserves and the council reserves to do any of the things listed in subsection (5) whether or not a Crown reserve or a council reserve continues to be controlled and managed by the Council in accordance with section 28.

33 Public access rights

(1)

The vesting of the fee simple estate in the Crown reserves and the council reserves by section 25, section 26, or section 27 does not affect lawful rights of public access to and use and enjoyment of the Crown reserves and the council reserves and the reserve assets.

(2)

Subsection (1) applies to lawful rights of public access, use, and enjoyment whether existing on or created after the date on which the fee simple estate in the Crown reserves and council reserves vests in the Ngāti Tūrangitukua Charitable Trust.

(3)

Subsection (1) is subject to any regulation by the Council of public access, use, and enjoyment in accordance with—

(a)

any other enactment; or

(b)

the terms of the Council’s appointment to control and manage the Crown reserves and council reserves.

34 Issue of title to reserves

(1)

Where the fee simple estate in a reserve specified in Schedule 3 is vested in the Ngāti Tūrangitukua Charitable Trust by this Act and the reserve is land that is registered under the Land Transfer Act 1952, the Registrar must, upon written application by any person authorised by the chief executive, register the Ngāti Tūrangitukua Charitable Trust as the proprietor of the fee simple estate in the reserve in substitution for the Crown or the Council, as the case may be, who held the land immediately before that vesting and make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this.

(2)

When the fee simple estate in a reserve specified in Schedule 3 is vested in the Ngāti Tūrangitukua Charitable Trust by this Act and the reserve is land other than land registered under the Land Transfer Act 1952, the Registrar must, upon written application by any person authorised by the chief executive, issue a certificate of title for the fee simple estate in that reserve under the Land Transfer Act 1952 and register the Ngāti Tūrangitukua Charitable Trust as the proprietor of the fee simple estate in the reserve in substitution for the Crown or the Council, as the case may be, who held the land immediately before that vesting and make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this.

(3)

Without limiting subsection (4), an application made in accordance with subsection (1) or subsection (2) must be made as soon as reasonably practicable after settlement date and must—

(a)

specify the Ngāti Tūrangitukua Charitable Trust as the recipient and describe the reserve sufficiently to identify it; and

(b)

if the application is made under subsection (2), include a certificate by the chief executive or the Chief Surveyor for the district concerned as to the correctness of that description, including a description of any registrable encumbrances subject to which, or with the benefit of which, the property is settled.

(4)

A certificate of title for each reserve must be issued in accordance with this section as soon as reasonably practicable after an application has been made under this section, and in any event, no later than 12 months after the vesting of the reserves (or such later date as may be agreed in writing by the Ngāti Tūrangitukua Charitable Trust and the Crown).

(5)

The certificate given in accordance with this section must be filed by the Registrar in the Land Registry Office and is conclusive proof of the matters required to be stated in it.

35 Exclusions

(1)

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation of a reserve vested in the Ngāti Tūrangitukua Charitable Trust in accordance with section 25, section 26, or section 27.

(2)

Sections 78(1)(a), 79, 80, and 81 of the Reserves Act 1977 do not apply to any reserve vested in the Ngāti Tūrangitukua Charitable Trust in accordance with section 25, section 26, or section 27.

(3)

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to a reserve vested in the Ngāti Tūrangitukua Charitable Trust in accordance with section 25, section 26, or section 27.

36 Encumbrances

(1)

Except as expressly provided in this Act, an encumbrance which is not registrable under the Land Transfer Act 1952 is not required by virtue of this Act to be registered against the certificate of title for a reserve vested in accordance with section 25, section 26, or section 27 of this Act.

(2)

Except as expressly provided in this Act, the fee simple estate of a reserve that is land under the Land Transfer Act 1952 and that is vested in accordance with section 25, section 26, or section 27 of this Act, is vested subject to any encumbrances in existence on 26 September 1998 and notified to the Ngāti Tūrangitukua Charitable Trust by the Crown in accordance with clause 7.2.17(a) of the deed of settlement.

37 Certification of registrable interests

(1)

Where the fee simple estate in a reserve is vested in the Ngāti Tūrangitukua Charitable Trust subject to the reservation of, or having the benefit of, any easement (not being an easement previously registered under the Land Transfer Act 1952) or any other registrable or notable encumbrance under this or any other Act, the chief executive, or the Chief Surveyor for the district concerned, must include in the certificate given under subsection (1) or subsection (2) of section 34, a sufficient description of the easement or encumbrance and particulars as to the rights, powers, terms, covenants, conditions, and restrictions attached to it.

(2)

The Registrar must enter a notation of the easement or encumbrance upon the relevant certificate of title by reference to the certificate in which it is described as if that certificate were the instrument creating the easement or encumbrance.

(3)

Where a notation of an easement or encumbrance is entered upon the relevant certificate of title in accordance with this section, the easement or encumbrance is deemed for all purposes (including all subsequent dealings) to be created under the Land Transfer Act 1952.

38 Successors bound

Where the fee simple estate in a reserve is vested in the Ngāti Tūrangitukua Charitable Trust by this Act, the terms on which the reserve is vested in the Ngāti Tūrangitukua Charitable Trust bind any successor in title to the Ngāti Tūrangitukua Charitable Trust.

39 Change of name of reserve

(1)

The recreation reserve described in Gazette 1984, Vol III, at page 3385 as 55.6617 hectares, more or less, being Section 8, situated in Block III, Pihanga Survey District is, in accordance with section 16(10) of the Reserves Act 1977, known as Waikari Recreation Reserve.

(2)

The recreation reserve described in the Gazette 1984, Vol IV, at page 4520 as 3686 square metres, more or less, being Sections 36, 37, 38, and 39, Block VI, Turangi Suburban, situated in Block III, Pihanga Survey District is, in accordance with section 16(10) of the Reserves Act 1977, known as Waikari Recreation Reserve.

(3)

The classification and name of the Admirals Scenic Reserve (classified and named by notice in the Gazette 1986, Vol V, at page 4520), is—

(a)

changed, to a recreation reserve subject to section 17(1) of the Reserves Act 1977; and

(b)

changed, to Waikari Recreation Reserve.

(4)

The requirements of section 24 and 16(10) of the Reserves Act 1977 are to be treated as having been complied with for the purposes of subsections (3)(a) and (3)(b).

Schedule 1 The Treaty of Waitangi

Preamble, recital A

(The text in Māori)

KO WIKITŌRIA, te Kuini o Ingarani, i tāna mahara atawai ki ngā Rangitira me ngā Hapū o Nu Tīrani i tāna hiahia hoki kia tohungia ki a rātou ō rātou rangatiratanga, me tō rātou wenua, ā kia mau tonu hoki te Rongo ki a rātou me te Ātanoho hoki kua wakaaro ia he mea tika kia tukua mai tētahi Rangatira hei kaiwakarite ki ngā Tāngata māori o Nū Tīrani-kia wakaaetia e ngā Rangatira māori te Kāwanatanga o te Kuini ki ngā wāhi katoa o te Wenua nei me ngā Motu-nā te mea hoki he tokomaha kē ngā tāngata o tōna Iwi Kua noho ki tēnei wenua, ā, e haere mai nei.

Nā ko te Kuini e hiahia ana kia wakaritea te Kāwanatanga kia kaua ai ngā kino e puta mai ki te tāngata Māori ki te Pākehā e noho ture kore ana.

Nā, kua pai te Kuini kia tukua ahau a Wiremu Hopihona, he Kāpitana i te Roiara Nawi hei Kāwana mō ngā wāhi katoa o Nū Tīrani i tukua āianei, āmua ki te Kuini e mea atu ana ia ki ngā Rangatira o te wakaminenga o ngā Hapū o Nū Tīrani me ērā Rangatira atu ēnei ture ka kōrerotia nei.

Ko te Tuatahi

Ko ngā Rangatira o te Wakaminenga me ngā Rangatira katoa hoki kihai i uru ki taua wakaminenga ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu-te Kāwanatanga katoa o ō rātou wenua.

Ko te Tuarua

Ko te Kuini o Ingarani ka wakarite ka wakaae ki ngā Rangatira ki ngā hapū - ki ngā tāngata katoa o Nū Tīrani te tino Rangatiratanga o ō rātou wenua ō rātou kāinga me ō rātou tāonga katoa. Otiia ko ngā Rangatira o te Wakaminenga me ngā Rangatira katoa atu ka tuku ki te Kuini te hokonga o ērā wāhi wenua e pai ai te tangata nōna te Wenua-ki te ritenga o te utu e wakaritea ai e rātou ko te kaihoko e meatia nei e te Kuini hei kaihoko mōna.

Ko te Tuatoru

Hei wakaritenga mai hoki tēnei mō te wakaaetanga ki te Kāwanatanga o te Kuini-Ka tiakina e te Kuini o Ingarani ngā tāngata Māori katoa o Nū Tīrani. Ka tukua ki a rātou ngā tikanga katoa rite tahi ki āna mea ki ngā tāngata o Ingarani.

 

(Signed) William Hobson,
Consul and Lieutenant-Governor.

 

Nā ko mātou, ko ngā Rangatira o te Wakaminenga o ngā Hapū o Nū Tīrani ka huihui nei ki Waitangi ko mātou hoki ko ngā Rangatira o Nū Tīrani ka kite nei i te ritenga o ēnei kupu, ka tangohia ka wakaaetia katoatia e mātou, koia ka tohungia ai ō mātou ingoa ō mātou tohu.

Ka meatia tēnei ki Waitangi i te ono o ngā rā o Pepueri i te tau kotahi mano, e waru rau e wā tekau o tō tātou Ariki.

 

Ko ngā Rangatira o te wakaminenga.

 

(The text in English)

HER MAJESTY VICTORIA Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty’s Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorised to treat with the Aborigines of New Zealand for the recognition of Her Majesty’s Sovereign authority over the whole or any part of those islands—Her Majesty therefore being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary Laws and Institutions alike to the native population and to Her subjects has been graciously pleased to empower and to authorise me William Hobson a Captain in Her Majesty’s Royal Navy Consul and Lieutenant Governor of such parts of New Zealand as may be or hereafter shall be ceded to her Majesty to invite the confederated and independent Chiefs of New Zealand to concur in the following Articles and Conditions.

Article the First

The Chiefs of the Confederation of the United Tribes of New Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which the said Confederation of Individual Chiefs respectively exercise or possess, or may be supposed to exercise or to possess over their respective Territories as the sole Sovereigns thereof.

Article the Second

Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf.

Article the Third

In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects.

W Hobson,
Lieutenant Governor.

Now therefore We the Chiefs of the Confederation of the United Tribes of New Zealand being assembled in Congress at Victoria in Waitangi and We the Separate and Independent Chiefs of New Zealand claiming authority over the Tribes and Territories which are specified after our respective names, having been made fully to understand the Provisions of the foregoing Treaty, accept and enter into the same in the full spirit and meaning thereof: in witness of which we have attached our signatures or marks at the places and the dates respectively specified.

Done at Waitangi this Sixth day of February in the year of Our Lord One thousand eight hundred and forty.

[Here follow signatures, dates, etc]

Schedule 2 Attachment 7.4 of Deed of Settlement

s 28

Restrictions, terms, and conditions on which Taupo District Council is to manage and control Crown Reserves and Council Reserves

  • The Council may continue to delegate all powers and obligations of control and management to a committee of the Council or to the Turangi/Tongariro Community Board.

  • Council to have power to:

    • (a)

      erect new structures, utilities and improvements (also to be vested in the Council) in, on or under the land; and

    • (b)

      move structures, utilities and improvements owned by the Council to a different location on the land; and

    • (c)

      otherwise undertake such other matters as the Council considers necessary or desirable for the purpose of managing the Reserve;

    • (d)

      charge for the use of facilities and lease and grant easements over any part of the Crown Reserves and the Council Reserves, and to manage expenditure and revenue relative to the Crown Reserves and Council Reserves and the structures, utilities and improvements on the land;

    • (da)

      to regulate public access to and all activities on a Crown Reserve or Council Reserve as if it were a reserve under the Reserves Act 1977;

    without first having to obtain the consent of Ngāti Tūrangitukua Charitable Trust, provided that the Council will:

    • (e)

      in respect of the Specified Council Reserves, inform Ngāti Tūrangitukua Charitable Trust of any such significant matters; and

    • (f)

      in respect of the other Council Reserves and the Crown Reserves consult with Ngāti Tūrangitukua Charitable Trust in relation to all such significant matters and will have particular regard to its views.

  • Council to exempt the land from rates for so long as it is controlled and managed as if it were a reserve.

  • The content of clauses 7.2.5(f), 7.2.6, 7.2.7 and 7.2.8 are deemed to be set out in this Attachment.

  • The Council assumes all liability and responsibility for any losses, claims or actions arising out of any act or omission of the Council, its agents, lessees, licencees or invitees which would otherwise be suffered by or taken against Ngāti Tūrangitukua Charitable Trust as owner of the land.

Schedule 2 is a record of attachment 7.4 of the Deed of Settlement and the terms used in this schedule are the terms used in the Deed.

Schedule 3 Description of reserves

ss 25–27

Part 1 Kutai Street reserves

AddressCertificate of title/Gazette noticeLegal description
46–52 Kutai StreetGazette 1984, p 4520Sections 36–39, Block VI, Turangi Suburban
33–51 Kutai StreetGazette notice B432400.1Sections 1 and 2, SO Plan 37359

Part 2 Kutai Street reserves

AddressCertificate of title/Gazette noticeLegal description
1 Tahawai StreetCertificate of title Vol 446 Folio 2931763 m2, Section 1, Block V, Turangi Suburban
5 Tahawai StreetCertificate of title Vol 458 Folio 131184 m2, Section 2, Block V, Turangi Suburban
7 Tahawai StreetCertificate of title, Vol 464 Folio 2181392 m2, Section 3, Block V, Turangi Suburban
9 Tahawai StreetCertificate of title, Vol 464 Folio 2191600 m2, Section 4, Block V, Turangi Suburban

Part 3 Crown reserves

Reserve nameLegal descriptionVesting detailsPurpose
Waipapa Reserve2.6542 hectares, Sec 77, Town of Turangi, Gazette 1986, p 9Set apart under Land Act 1948, Reserves Act 1977Recreation Reserve
Taupehi Reserve1.6187 hectares, Sec 27 Town of Turangi, Gazette 1954, p 1402Set apart under Land Act 1948Recreation Reserve

Part 4 Council reserves

Reserve nameLegal descriptionVesting detailsPurpose
D Reserve1.1253 hectares, Lot 1, DP 29123, Gazette 1971, p 155Vested in Council, Land Act 1948 and Reserves and Domains Act 1953Recreation Reserve
E Reserve0.8096 hectares, Lot 39, DP 28407, Gazette 1971, p 155Vested in Council, Land Act 1948 and Reserves and Domains Act 1953Recreation Reserve
Kaheke Street Reserve0.5696 hectares, Lot 1, DP 30051, Gazette 1970, p 1380
1.3782 hectares, Lot 8, DP 30051, Gazette 1970, p 1380		Vested in Council, Land Act 1948 and Reserves and Domains Act 1953Recreation Reserve
Fire Break Reserve0.1083 hectares, Sec 39 Town of Turangi, Gazette 1996, p 2465, B 543710.1Vested in Council, Reserves Act 1977Recreation Reserve
Cherry Grove Reserve0.2492 hectares, Sec 1 Blk 1 Turangi Suburban, Gazette 1996, p 2465 B543710.1Vested in Council, Reserves Act 1977Recreation Reserve

Part 5 Council reserves

Reserve nameLegal descriptionVesting detailsPurpose
McLaren Park Reserve0.8087 hectares, Pt Lot 34, DP 31159, Gazette 1984, p 1236Classified as a local purpose reserve, Reserves Act 1977Local purpose reserve (Community buildings)
McLaren Park Reserve3.3880 hectares, Lot 36, DP 28083, Gazette 1969, p 1852Vested in Council, Land Act 1948 and Reserves and Domains Act 1953Recreation Reserve
A Reserve1.1352 hectares, Lot 19, DP 58050, Certificate of title 24D/633
0.6020 hectares, Lot 16, DP 71220, Certificate of title 27D/351		Vested in Council, section 306(4) Local Government Act 1974Recreation Reserve
B Reserve1.1260 hectares, Lot 10, DP 61544Local purpose reserve to vestLocal Purpose Reserve (Drainage)
C Reserve3.9600 hectares, Lot 9, DP 61544Local purpose reserve to vestLocal Purpose Reserve (Drainage)
Part Turangi Park Reserve2.8657 hectares, Lot 67, DP 50585, Gazette 1996, p 823, GN B509442.1Vested in Council, section 20(1), Public Works Act 1981Recreation Reserve

Part 6 Council reserves

Reserve nameLegal descriptionVesting detailsPurpose
Turangi Park Reserve28.5657 hectares, Lot 1, DP 28845, formerly described in certificate of title 5B/401 (Wellington Registry) Gazette 1985, p 249Vested in Council, sections 20 and 50, Public Works Act 1981Recreation Reserve

Part 7 Council reserves

Reserve nameLegal descriptionVesting detailsPurpose
Water Supply Reserve13.6201 hectares, Part Waipapa 1F, Gazette 1985, p 251Vested in Council, sections 20 and 50, Public Works Act 1981Local Purpose Reserve (Waterworks)
Water Supply Reserve18.3601 hectares, Pt Waipapa 1K, Gazette 1985, p 251Vested in Council, sections 20 and 50, Public Works Act 1981Local Purpose Reserve (Waterworks)
Water Supply Reserve89.8781 hectares, Pt Waipapa 1L, Gazette 1985, p 251Vested in Council, sections 20 and 50, Public Works Act 1981Local Purpose Reserve (Waterworks)
Water Supply Reserve43.9083 hectares, Pt Waipapa 1M, Gazette 1985, p 251Vested in Council, sections 20 and 50, Public Works Act 1981Local Purpose Reserve (Waterworks)
Water Supply Reserve40.5621 hectares, Pt Waipapa 2A2, Gazette 1985, p 251Vested in Council, sections 20 and 50, Public Works Act 1981Local Purpose Reserve (Waterworks)
Water Supply Reserve8.9890 hectares, Pt Waipapa 2A2B2, Gazette 1985, p 251Vested in Council, sections 20 and 50, Public Works Act 1981Local Purpose Reserve (Waterworks)
Water Supply Reserve0.3827 hectares, Pt Waipapa, Gazette 1985, p 251Vested in Council, sections 20 and 50, Public Works Act 1981Local Purpose Reserve (Waterworks)
Water Supply Reserve0.0405 hectares, Pt Waipapa, Gazette 1985, p 251Vested in Council, sections 20 and 50, Public Works Act 1981Local Purpose Reserve (Waterworks)
Water Supply Reserve2.2207 hectares, Pt Waipapa, Gazette 1985, p 251Vested in Council, sections 20 and 50, Public Works Act 1981Local Purpose Reserve (Waterworks)
Reprints notes
1 General

This is a reprint of the Ngāti Tūrangitukua Claims Settlement Act 1999 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Education and Training Act 2020 (2020 No 38): section 668

Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8

Treaty of Waitangi Amendment Act 2008 (2008 No 34): section 7

Ngāti Tūrangitukua Claims Settlement Amendment Act 2003 (2003 No 89)