Te Uri o Hau Claims Settlement Act 2002

82 Activities on entitlement land

(1)

Te Uri o Hau governance entity may, with the consent of the land holding agent, undertake activities on entitlement land that are reasonably necessary for the entitlement land to be used for the purpose of a Nohoanga entitlement as set out in section 76.

(2)

When applying for the land holding agent’s consent, Te Uri o Hau governance entity must provide to the land holding agent details relating to the proposed activities, including (but not limited to)—

(a)

the effect of the activities on—

(i)

the entitlement land; and

(ii)

if the entitlement land is held under the Conservation Act 1987 or any Act in Schedule 1 of that Act, the surrounding land and any wildlife; and

(b)

any measures that Te Uri o Hau governance entity proposes to take (if the land holding agent’s consent is given) to avoid, remedy, or mitigate any adverse effects.

(3)

In considering whether to give consent in relation to land held under the Conservation Act 1987 or any Act in Schedule 1 of that Act, the land holding agent may require Te Uri o Hau governance entity to obtain, at its expense, an environmental impact report about the proposed activities and an audit of that report.

(4)

The giving of consent is at the complete discretion of the land holding agent.

(5)

The land holding agent may give consent subject to such conditions as he or she thinks fit to impose.

(6)

Without limiting subsection (5), in giving consent in relation to land held under the Conservation Act 1987 or any Act in Schedule 1 of that Act, the land holding agent may impose reasonable conditions so as to avoid, remedy, or mitigate any adverse effects of the proposed activities on the entitlement land, surrounding land, or wildlife.

(7)

If the Crown has complied with its obligations under the Nohoanga entitlement, the Crown is not liable to compensate Te Uri o Hau governance entity (whether on termination of a Nohoanga entitlement or at any other time) for any activities undertaken by Te Uri o Hau governance entity on the entitlement land concerned.

(8)

This section applies subject to section 80.