Ngati Awa Claims Settlement Act 2005

  • not the latest version

Ngati Awa Claims Settlement Act 2005

Public Act2005 No 28
Date of assent24 March 2005

Contents

Jurisdiction of courts, etc, removed

Treaty of Waitangi Act 1975 amended

Protections no longer apply

Perpetuities

Date when actions or matters must occur

General provisions

Noting of certain protocols

Vesting of cultural redress properties

Provisions relating to vesting of cultural redress properties

Statutory acknowledgements

Deeds of recognition

Application of statutory acknowledgements and deeds of recognition in relation to rivers

General provisions

Amendment to Resource Management Act 1991

Membership of joint advisory committee

Procedures of joint advisory committee

Funding provisions

Change in ownership of retained sites

Exercise of powers by Minister

Membership of joint management committee

Procedures of joint management committee

Funding provisions

Exercise of powers by Minister

Right to extract hangi stones from Moutohora (Whale Island) Wildlife Management Reserve

Obligations relating to Nohoanga entitlements

Suspension and termination of Nohoanga entitlement

Rights not affected or created

Application of other enactments

Right of access over redress licensed land

Protected land

Evidence of proper direction

Application of other enactments to protected land

Amendment to Crown Minerals Act 1991

Termination of Pukaahu governance entity


  • Preamble

    Kupu Whakataki

    • (1) Kua whakatakotoria te Tiriti o Waitangi, tona tauira reo Maori tona tauira reo Pakeha hoki, i roto i te Wahanga 1 o te Ture Tiriti o Waitangi 1975. I hainatia te Tiriti nei i te tau 1840:

    • (2) Ma nga whiti (3) ki (53) o tenei Kupu Whakataki ka kitea he whakarapopototanga o nga korero o muri i te kereme o nehe o Ngati Awa kua whakatakotoria ki roto i te whakaaetanga whakataunga i whakamanahia i waenga i a Ngati Awa raua ko te Karauna:

    Te hitori o te Whakataunga

    • (3) Mai i te wa o te raupatu i 1866, kua whakaturia nga tono paremata a Ngati Awa ki te Karauna mo ana mahi he, tae rawa ki te raupatu. Kua hikina nga taumahatanga mo nga takahitanga i te Tiriti o Waitangi e tena, e tena whakatipuranga o Ngati Awa i roto i nga tau, tane mai, wahine mai. Whai muri iho o nga petihana me nga kawenga korero o nga tau tomuri o te rau tau 1800, me era o te tekau tau 1920, tae rawa ki te tekau tau 1960, ko te nekehanga nui, ko te whakatunga e nga kaumatua o Ngati Awa penei i a Eruera Manuera, i a Hare Reneti, i a Aniheta Ratene me Matarena Reneti, i te Poari o Ngati Awa i te tau 1980 i Puawairua, te marae o Ngati Hikakino. I whakaturia te Poari e nga hapu o Ngati Awa hei kawe whakamua i nga kaupapa mo te iwi, penei i te take raupatu (tae rawa ki te muru i nga whenua, te noho manene o nga hapu me te riro o te tino rangatiratanga), te whakatu pakari ano o te wharenui Mataatua, te whakahokinga mai o te pamu teihana o Ngati Awa me te maunga Putauaki ki nga ringaringa o te iwi. I whakarapopotongia nga whainga matua nei e Aniheta Ratene i roto i tana korero mo te Moenga, te Paraikete me te Urunga—ko te Moenga, koia tera ko nga whenua o Ngati Awa i raupatuhia, ko te Paraikete, ko te pamu teihana tera o Ngati Awa, a, ko te Urunga, koia tera ko nga kereme a Ngati Awa mo Kawerau:

    • (4) I te tau 1988, whai muri o tetahi whakahounga o Te Ture mo Te Tiriti o Waitangi 1975 e tarea ai te rongohia o nga kereme mai i 1840, i whakatakotoria e Ngati Awa tana kereme ki mua i te aroaro o Te Ropu Whakamana i te Tiriti kia rangahaua ona whakamau e pa ana ki te Tiriti. I te tau 1988, i runga i tana kaupapa here ki te tuku i nga whakahaere ki nga poari whakahaere iwi, a, i runga ano hoki i te tono a Ngati Awa, i whakamanatia Te Ture mo Te Runanga o Ngati Awa 1988 ara, te ture whakatu i te Runanga. Ko tetahi wahi o te ture nei i pa ki te wetewete i nga whakawhiu a-ture i mau ki runga i etahi o te iwi i uru ki nga nekenekehanga o te tau 1865:

    • (5) No te tau 1990 i whakawhitia ai e te Karauna te pamu teihana o Ngati Awa ki Te Runanga o Ngati Awa. I tua atu, i nga tau 1988 me 1990, tukuna ai e te Karauna etahi utunga e $200,000 hui katoa ki Te Runanga o Ngati Awa. I te tau 1994, i whakawhitia ai e te Karauna ki a Ngati Awa, ko te wahi mahi a Telecom i Whakatane, ko tona wariu i whakaaetia ai kia $390,000. Hei ta Ngati Awa titiro mai ra ano, he wahanga noa iho enei o nga utu mo nga kereme raupatu ki te Karauna:

    • (6) No te ra 4 o te marama o Hurae o te tau 1994, katahi ano ka timata te take a Ngati Awa ki mua i te aroaro o Te Ropu Whakamana i te Tiriti, i te marae o Te Whare o Toroa i Whakatane. I whakatakotoria e Ngati Awa tana kereme i roto i etahi hui i tu ki te marae o Kokohinau i Te Teko, ki te marae o Umutahi i Matata, me te kapinga o ana korero i Te Whare o Toroa i te ra 1 o Tihema o te tau 1995:

    • (7) No te marama o Mei o te tau 1995, i whakaputaina e Te Ropu Whakamana i te Tiriti tetahi whakaaturanga e ki ana, ahakoa kaore ano kia rongohia te Karauna, na te kaha me te pakari o te kereme a Ngati Awa, tera tonu pea ka nui te paremata me utu e te Karauna ki a ia mo nga takahitanga a te Karauna i Te Tiriti o Waitangi i roto i nga tau kua pahure. I whakaputaina tuatahitia te korero nei i roto i te whakaaturanga a Te Ropu Whakamana i te Tiriti i te marama o Noema i te tau 1994:

    • (8) I whakatakotohia, i korerohia tetahi tikanga whakahaere i waenganui i nga hapu, Te Runanga me nga kai-whiriwhiri i te hui a-tau o te tau 1996, me nga hui o muri a Te Runanga i roto i taua tau. Whai muri i tera, i tu ano nga hui me nga whitiwhitinga korero e whiwhi mana kokiri ai nga kai-whiriwhiri. I whakaae te Runanga o te Kawanatanga ki te mana kokiri i te Oketopa 1996:

    • (9) I te ra 21 o te marama o Tihema o te tau 1998, whai muri o tetahi toru tau e korerohia ana te kaupapa, ka uru te Karauna raua ko Ngati Awa ki tetahi Whakaaetanga upoko. Ko ta te Whakaaetanga upoko nei, he whakatakoto noa i nga take e matua whakaaetia ana me uru ki roto i te Tutohinga Whakatau, me ta raua whakaae tahi ki te whiriwhiri i runga i te ngakau pono ki te whakatutuki i nga ritenga o te Tutohinga Whakatau:

    • (10) No te ra 8 o te marama o Oketopa o te tau 1999 i oti i Te Ropu Whakamana i te Tiriti tana purongo e kiia nei ko Te Purongo mo te Raupatu a Ngati Awa. Ko nga whainga matua o te purongo i ki, i raro i Te Tiriti o Waitangi, i te he te mahi raupatu i nga whenua o Ngati Awa, e kore e taea te ki i tu tetahi whana e whai take ai te raupatu i nga whenua, me te mea ko te ahua nei, i tua atu ke te raupatu o nga whenua o Ngati Awa i te mana o Te Ture Whakatau Manene ki Niu Tireni, 1863:

    • (11) I tua atu, i kite ano Te Ropu Whakamana i te Tiriti, he takahitanga tenei o nga matapono o te Tiriti o Waitangi, mena kaore i whakahokia mai nga whenua i runga i te tikanga pai, marakerake; he whakawhiu ano i a Ngati Awa mo ana mahi whana tenei te wehe i a ia mai i nga whenua ki te taha uru o te raina raupatu; i hurihia te taitara o nga whenua ki te tangata takitahi, a, ko te putanga o tenei, ko te unuhanga o te mana o te iwi, ko te whakamama hoki i te huarahi hoko i te whenua. I tua atu i whakatau Te Ropu Whakamana i te Tiriti, ko te huarahi e ea ai nga kereme a Ngati Awa, ma te huarahi ki Te Runanga o Ngati Awa. Ahakoa te mea kaore i whakatakotohia e te Karauna etahi whakaaturanga ki mua i te aroaro o Te Ropu Whakamana i te Tiriti, me te mea ano ehara i te mea e whakaae ana ia ki te katoa o nga whainga o Te Ropu Whakamana i te Tiriti, e whakaae ana te Karauna i mahi he ia ki te raupatu i nga whenua o Ngati Awa, na reira he takahitanga tena o nga matapono o Te Tiriti o Waitangi:

    • (12) Kaore i tau he whakaritenga i waenganui i te Karauna me Ngati Awa i runga i nga tapaetanga o te tau 1998. No te tau 2000 whakatakotoria ai e te Karauna tetahi tapaetanga hou:

    • (13) I te 8 o Hurae 2002 ka whakaretangia e te Karauna me te Runanga o Ngati Awa he whakaaetanga. Ka tatu i te Karauna me Ngati Awa taua whakaaetanga o nga whakataunga i te 27 o Maehe 2003 e whakatatu ana i nga take katoa e tika ana kia whakatauria tuturutia te katoa o nga kereme o nehe o te iwi o Ngati Awa:

    Te Whakahokinga Mai o te Wharenui a Mataatua

    • (14) I nga tau tomua o te tekau tau 1870, i tahuri te iwi o Ngati Awa ki te hanga i tetahi whare whakairo ki Whakatane, ko tona ingoa ko Mataatua. I te timatanga o te tau 1875 i oti te hanga i te whare. No te tau 1879, i tukuna e te Karauna te whare Mataatua ki tetahi whakaaturanga e kiia nei ko te Inter-colonial Exhibition i tu ki Poihakena, i Ahitereiria. No te tau 1880 i nekehia te whare ki Poi-piripiri, ki Ranana, ki reira whakaaturia ai. No te tau 1924 i whakahokia mai ai a Mataatua, e aha ai, e uru atu ai ia ki te Whakaaturanga mo te Moana-nui-a-Kiwa i tu ki Otepoti. I whakaae te Karauna kia whakaaturia e Te Whare Taonga o Otepoti te whare whakairo mo ake tonu. Mai ra ano, kua rapu te iwi kia whakahokia mai te whare ki Whakatane, me te ki a Ngati Awa, kaore i tukuna e ia te mana mo Mataatua ki tetahi atu. No te marama o Akuhata o te tau 1996 i hainahia e Ngati Awa raua ko te Karauna tetahi Tutohinga Whakatau mo te whakahokinga mai o Mataatua ki a Ngati Awa. I whai wahi ki roto i te whakaaetanga nei ko te $2 miriona hei utu i te whakahoki mai me te whakatu o te wharenui a Mataatua ki Whakatane:

    Te tahu korero

    • (15) E whai take ana te kupu whakapaha a te Karauna ki a Ngati Awa i runga i te tahu korero ka whai:

    Te Rohe o Ngati Awa

    • (16) E whakapono ana a Ngati Awa, i mua o te tau 1866, koia te tangata whenua, a, nona te tino rangatiratanga e hora ana i etahi wa, ki runga i nga whenua ka whai nei: nga moutere o Motiti, o Rurima, o Mou-tohora, Te Paepae o Aotea, Whakaari, a Ohakana raua ko Uretara (he moutere enei kei te whanga o Ohiwa), nga wai mai i te wahapu o Waihi ki Ohiwa; te whenua, nga ngahere, nga roto, nga awa me nga repo, mai i te wahapu o Waihi ki te raki, a ka whai haere i te takutai tae rawa ki Ohiwa, mai i te wahapu o Waihi ano, ka huri whaka-te-hau-a-uru ki te awa o Pongakawa, ki te moutere o Rotoehu (tae rawa ki te papa o te roto o Rotoehu me te ngahere o Rotoehu), a, mai i Rotoehu ki Te Haehaenga, tae atu ki te roto o Rotoma ki nga whenua o Pokohu, o Tuararangaia me Matahina ki te tonga, a, atu i reira ki te Whanga o Ohiwa:

    • (17) Ko etahi o nga wahi nui i whakahuahuatia ai i roto i nga tahu korero mo Ngati Awa ko: nga maunga e korerohia nei ko Putauaki ki Kawerau, ko Whakapaukorero ki Matata me Maunga Whakamana ki Te Haehaenga, me te hiwi e kiia nei ko Te Tiringa ki Awakeri, tae rawa hoki ki Te Rae o Kohi ki Whakatane; nga awa o Whakatane, Orini, Rangitaiki, Tarawera, Wai-tahanui me nga wai o Waikowhewhe raua ko Pongakawa; te repo o Rangitaiki; nga ngahere i Rotoehu, i Matahina, i Kiwi-nui, i O-mata-roa, i Tarawera me Manawahe; nga roto o Rotoehu, Rotoma, Kawerau, Te Tahuna, Onerahi, Roto-iti Paku, Onepu me Roto-roa; nga waiariki i Kawerau, Awakeri, Mou-tohora me Whakaari; nga whanga i Ohiwa me Whakatane; nga wahapu i Waihi, i Te Awa a Te Atua i Matata, me Whakatane:

    • (18) I pupuritia nga whenua me nga rawa o Ngati Awa i raro i nga tikanga Maori, ara, ka noho hei mea tino nui rawa te kaitiakitanga ohu a-hapu, a-iwi. I mua o te raupatu, i mau tonu nga rangatira o Ngati Awa ki to ratou rangatiratanga, a, iti noa iho nei nga whenua o roto i te rohe o Ngati Awa i hokona:

    • (19) I tua atu, ko te whakapae a Ngati Awa, i te tau 1865 e noho motuhake ana ratou, i te hua nga painga o nga mahi kaipakihi. Ka mutu, i roto ratou i nga mahi whitiwhiti taonga, tauhokohoko hoki. I te whakatipu, i te hoko ratou i nga rawa penei i te poaka, i te harakeke, i nga hua whenua, i te witi, i te papa rakau me te riwai, a, i roto ano hoki ratou i te whanuitanga o nga kaupapa tauhokohoko penei i te mira witi me te whakahaere kaipuke. I te haere tonu nga mahi whitiwhiti taonga a Ngati Awa me etahi atu iwi mo nga taonga penei i te kokowai, te titi me te nuinga atu o nga rawa o te moana:

    Te Ture Whakatau Manene ki Niu Tireni 1863

    • (20) No te tau 1863 i whakamanatia e te Karauna etahi hanganga ture whakahirahira e toru ara, te Ture Tami i te Mahi Whana, te Ture Putea Taurewa o Niu Tireni me te Ture Whakatau Manene ki Niu Tireni. I aheitia e te ture whakamutunga te raupatu i nga whenua Maori e tirohia ana e te Karauna na tetahi iwi, na tetahi wahanga o tetahi iwi, na tetahi rahinga mai i tetahi iwi ranei i mahi hara ki te mana o te Kuini. Ko te mea nui, i whakamanatia te ture ki te tiaki, ki te whakamaru tuturu i nga tangata pai o nga iwi e rua, kia arai atu i nga mahi whana, kia pupuri hoki ki te mana o Te Arikinui Te Kuini i roto i te Ture me te Mariretanga puta noa i te whenua. Hei whakatutuki i enei whainga whanui e rua, i mea te Karauna ki te whakatu tangata noho ki nga rohe ma te hoko i nga whenua raupatu ki te hunga whai. Ko te titiro a te Karauna ma nga moni hua i enei hokonga whenua e ea ai nga utu a te Karauna mo ana pakanga ki te Maori:

    • (21) I te awangawanga te Tari Koroni o Piritana mo te whanui me te whakamahi i te Ture Whakatau Manene ki Niu Tireni 1863, e mea ana ia, ka taea nga mahi tukino nui. I te timatanga, i te wa e whakaarohia ana te raupatu whenua, i whakatupatohia e te Hekeretari Koroni te Kawana Tianara, kia aro nui ki nga whenua o nga tangata me nga iwi harakore, a, kia hangai hoki te whiunga ki te hara. No muri mai, i a ia ka noho ki te ata whakaaro mo te hanganga ture raupatu whenua, i te awangawanga tonu te Tari Koroni o Piritana mo te whakamahi i te Ture me tona roanga, engari i whakaaetia kia tu tonu na te mea ko te mana whakamutunga rawa mo te raupatu ko te Kawana. I tohungia e te Hekeretari Koroni te Kawana kia kaua ia e whakaae kia raupatuhia he whenua mena kaore i te tika, i te ngawari:

    Te Kaokaoroa

    • (22) E ai ki nga korero tuku iho a Ngati Awa, i te tau 1864, i uru atu etahi o nga hapu o Ngati Awa penei i a Te Patu-tatahi, a Ngati Hikakino me Ngati Te Rangihouhiri II, me etahi o Te Tawera ki tetahi ope taua o nga iwi o Mataatua me etahi atu iwi, a, e mohiotia nei ko Te Ope Taua o Te Tai Rawhiti. E mea ana te ope nei ki te hou atu ki te rohe o Waikato ki te tautoko i nga iwi o Waikato e atete ana i te whakaeke pokanoa o ratou whenua e nga ope taua o te Karauna me nga tangata whai. I araitia e Te Arawa te haere a te ope taua o Te Tai Rawhiti nei ma te rohe o Rotorua. I tono etahi o nga iwi o Te Arawa ki te Karauna ki te tautoko i ta ratou mahi, tautokona noa mai e te Karauna. I te marama o Pepuere o te tau 1864 i tu tetahi pakanga i waenganui i tetahi wahanga o te ope taua o Te Tai Rawhiti me etahi o te iwi o Te Arawa, ki Roto-iti; mate atu etahi ki reira. Haunga tera, he wahanga o te ope nei i pakaru atu ki roto ki te rohe o Waikato, rokohina atu ko Orakau:

    • (23) I Maketu, i te marama o Aperira o te tau 1864, ka ngana te ope taua o Te Tai Rawhiti ki te pakaru atu ma te wahapu o Waihi. Na etahi o te iwi o Te Arawa, tapae atu ko nga waka taua me nga hoia a te Karauna te ope taua o Te Tai Rawhiti i whiu. Ko te whawhai nui o Te Kaokaoroa te whawhai i parekura atu ai a Ngati Awa, me ki, ko ana karangatanga hapu a Ngati Hikakino me Ngai Te Rangihouhiri II, tae rawa atu ki etahi o nga hapu me nga iwi haumi. I hinga atu ki te pakanga nei etahi o nga rangatira nui o Ngati Awa:

    James Te Mautaranui Fulloon

    • (24) No te tomuritanga o te tau 1864, i tau atu a Kereopa, a Horomona me Patara, etahi poropiti o te whakapono Pai Marire, ki te rohe o Whakatane, a, na ratou etahi o te iwi o Ngati Awa i whakawai ki te uru ki te whakapono o Pai Marire. I te marama o Maehe o te tau 1865 ka kohurutia a Rev. Carl Volkner, he mihingare e noho ana ki Opotiki, e etahi o nga Maori o taua takiwa kua taka ki te whakapono Pai Marire. No te ra 6 o te marama o Maehe o te tau 1865 ka whakaputaina e nga rangatira o Ngati Awa o ratou tino whakahe mo te patunga o Volkner; haunga tera, kaore ratou nga rangatira o Ngati Awa i whakaae kia haere te Karauna ma te rohe o Ngati Awa i a ia ka rapu mo te hunga na ratou a Volkner i patu. Kore rawa i whakamanatia e te Kawanatanga te haere a tetahi o ona ope taua ma te rohe o Ngati Awa ki te rapu i te hunga na ratou a Volkner i patu.

    • (25) No te marama o Pepuere o te tau 1865, whai muri i etahi runanga, ka hui etahi rangatira o Ngati Awa ki Whakatane, i reira ka whakatakotoria ai e ratou tetahi aukati o to ratou rohe, kia kaua tetahi noa atu e uru mai. Nawai a, i te marama o Hurae i te tau 1865, whai muri i etahi hui ki Tauaroa me Matata, ka whakatakotoria ai tetahi atu aukati ana e te poropiti Pai Marire e Horomona, me etahi o nga rangatira o Ngati Awa tautoko i a ia. Mai i Whangaparaoa i te rawhiti tae atu ki Taranaki i te uru te aukati nei. I te ra 19, te ra 20 ranei o Hurae 1865 i tau ai ki Whakatane a Maruiwi, tetahi kaipuke hokohoko no Te Arawa. I hopukina te kaipuke, mo tona takahi i te aukati a nga Pai Marire. No te ra 22 o te marama o Hurae o te tau 1865 i tau atu ai te kaipuke Kate ki Whakatane. Ko nga tangata i runga i te kaipuke, ko James Fulloon, he apiha na te Karauna, me etahi atu. I patua i runga i te kaipuke, a Fulloon, he uri no Ngati Awa, me etahi kaumoana tokotoru, e era o Ngati Awa i tautoko i te Pai Marire. Katahi ka tahuri a Wepiha Apanui o te pori o Ngati Awa ki Whakatane ki te whakarite mo te tanu i tona uri, a Hemi (James) Fulloon. He maha nga korero he aha i patua ai a Fulloon; e ai ki a Ngati Awa i patua ia mo tana takahi i te aukati. Na enei nekenekehanga i korikori ake nga hapu o Ngati Awa:

    Te Whakamana

    • (26) No te ra 2 o te marama o Akuhata o te tau 1865 i Maketu ka whakaputaina e T H Smith, te Komihana Kawanatanga tana whakamana hopu tangata mo te mau here i te hunga e whakapaetia ana na ratou a Fulloon me etahi atu i patu:

    • (27) Ko nga tangata i te rarangi o te whakamana ko:

      Te Hura Te TaiwhakaripiHaki Waihou
      Te Pitoiwi Te PutareraTe Hemara Tukairangi
      Hakaraia TohoraTure Te Matutaera
      Te Aka o Tau Te HuraParaharaha
      Te Metera Te TiiRaniera Te Werotokotoko
      Hepeta Te TaiHaki Tukino
      KorimanaEria Te Hakona
      Horomona PoropitiHeahea Te Pakihiwi
      Utuku Te RangiHohepa Te Ra
      Te Meihana Te TawaTawhaki
      Te WetiniRaureti
      Tamati o Ngati HokoHunia Marupo
      Mohi Te PaohiPanapa Rangirewaia
      TuririHakopa Tupika
      Hawera Te HihiraPetera Moki
      Te HekaraPakiuru
       HohuaKaripipi:
    • (28) No te marama o Akuhata o te tau 1865, i whakakotahihia tetahi ope taua a te Karauna e rima rau nei te tokomaha, he mea emi i etahi o nga hapu, iwi e noho tata ana ki a Ngati Awa ka mutu, kua roa ke hoki e pakanga ana ki a Ngati Awa mai ra ano; ko etahi o te ope nei i roto i nga riri o Te Kaokaoroa. Ko te kaingarahu o te ope taua nei a te Karauna ko Meiha William Mair, Te Kaiwhakawa. I kuhu atu te ope taua nei ki te rohe o Ngati Awa ki te whakatutuki i te whakamana mau here. No te pokapu o te marama o Akuhata whakamaramahia ai ki te rangatira o Ngati Awa, a Te Hura Te Taiwhakaripi, he aha te kaupapa a te taua. I tu etahi whakapapa i waenganui i te taua a te Karauna me Ngati Awa, ko te otinga atu i mate etahi tangata. I murua nga kau, nga hoiho me etahi atu o nga rawa a Ngati Awa, i wawahia nga kainga, wharenui, pataka, waka hoki o Ngati Awa. I whakaekea nga pa o Ngati Awa i Whakatane, i Matata me Te Teko, te wahi i rere ai a Te Hura me ana tangata:

    • (29) No te ra 2 o te marama o Hepetema o te tau 1865 i whakaputaina e te Karauna tetahi Panuitanga Rongomau e ki ana kua mutu te pakanga i timata ra i Oakura, takiwa o Taranaki i te tau e 1863. Ko ta te Panuitanga Rongomau i whakamarama ai, e kore e whiua e te Karauna era i mau pu ki te Karauna i nga raruraru o mua, haunga era na ratou a Fulloon i patu, kaore ratou i kuhuna ki raro i te tikanga o te panuitanga nei. Ko nga kupu o te panuitanga i ki penei, ki te kore e tae nga tangata na ratou a Fulloon i kohuru ki te aroaro o te Kawana, ka murua e te Karauna nga whenua o nga iwi na ratou i manaaki te hunga kohuru. I tua atu, i tono te panui kia awhinatia e te Maori te mahi aukati i nga tutunga puehu, a, i takoto ano te hiahia ki te korerorero me nga Rangatira nui, me pehea e rongohia ai te reo o te Maori i roto i te Runanga Nui, e aha ai, e whai wahi ai e te Maori ki te hanga ture hei whai mana:

    • (30) No te marama o Hepetema o te tau 1865 ka whakaputaina e te Kawana tetahi Panuitanga Ture Taua mo nga rohe o Whakatane me Opotiki, e taea ai te hopu i te hunga e whakapaetia ana na ratou a Fulloon i kohuru, e taea ai hoki te whakawa i a ratou ma te Whakawa Taua. Ko te tikanga, ka mau te Ture Taua ki runga i nga rohe nei a, tae noa ki te wa hikina ai, ka mutu, ko ta te panuitanga e mea ana, ka ahei nga tangata a te Karauna te tu ano nei he ope taua. No te ra e 5 o Hepetema o te tau 1865 panuitia ai enei panuitanga e rua ki te Kahiti o Niu Tireni. Haunga tera, kaore i te marama nonahea mohio ai a Ngati Awa mo enei panuitanga:

    Te Kupenga

    • (31) Kia tae ki te wahanga tomuri o te marama o Hepetema o te tau 1865, kua nui ake nga korikoringa a nga hoia o te Karauna. Ko te otinga atu, e toru ra e whawhai ana i te pa o Te Kupenga, takiwa ki Te Teko. Nawai ra, a, no te ra 20 o te marama o Oketopa o te tau 1865, ka mutu i Te Kupenga te whawhai o nga hapu o Ngati Awa i raro i te arahitanga o Te Hura Taiwhakaripi. Ko etahi o nga hapu i roto i te whawhai nei ko Te Tawera, Warahoe, Ngai Te Rangihouhiri II, Te Patu-tatahi, Ngati Hikakino me etahi atu. Ko atu i te 30 nga tane, tae noa ki te nuinga o era i te rarangi ingoa o te whakamana me etahi atu, i mauheretia, i kawea hoki ki Opotiki, kia whakawatia e te Koti Taua i te marama o Noema o te tau 1865, mo te patunga o Fulloon, mo etahi atu whakapae. I whakatau te Koti Taua he tokomaha ratou i hara, a, ko te hunga nei i whiua kia whakamatea:

    Nga Whakawatanga

    • (32) No te ra 23 o te marama o Tihema o te tau 1865 ka whakatakoto whakaaro a James Prendergast, te Roia Mama mo nga whakawatanga ma te koti taua, i nga mauhere i kawea ki Opotiki. E ai ki a Prendergast ehara i te mea tika i raro i te ture te ture taua. Nawai a, ka tono te Kawana kia kawea nga mau here o Ngati Awa ki Tamaki-makau-rau, ki reira whakawatia ano, ki mua tonu i te aroaro o te Koti Manua, mo te kohuru me etahi atu whakawhiu. Kotahi te roia i tu mo te hunga e 35 o Ngati Awa:

    • (33) E whai ake nei ko te rarangi ingoa o ratou o nga tangata i whakawhiua mo te tahae waka me te kohuru i a Fulloon me kaumoana Ned i runga i te waka Kate: Mikaere Kirimangu, Hekara, Himone-te-Auru, Paraharaha, Hoani Poururu, Hoani Hupe, Utuku-te-Rangi, Te Aka o Tau-te-Hura, Hunia Marupo, Haki Waihou, Haki Tukino, Tamati o Ngati Hoko, Tio Wahu, Hawera-te-Hihira, Heahea te Pakihiwi, Raniera te Werotokotoko. I unuhia nga whakapae i runga i te tokotoru o nga tangata nei mo te tahae waka, engari katoa ratou i whakaaetia e te koti he tangata hara mo te mahi kohuru. Tekau atu ano nga tangata i kiia e te koti na ratou i awhi te hunga na ratou nga mahi kohuru. Ko enei tangata ko Te Hura Te Tai, Te Pitoiwi Te Putarera, Hepeta Te Tai, Horomona Poropiti, Mohi te Paohi, Te Hemara, Hakaraia Tohora, Te Uwhi Te Haraki, Kereama Toitoi me Ture Te Matutaera. I tua atu, tokoono nga tangata i whakawhiua mo te whiwhi rawa i tahaetia i te Kate. Kia tae ki te ra 23 o te marama o Maehe o te tau 1866, ko te hunga katoa i tu ki mua o te aroaro o te Koti i whakataungia e te Koti i hara, i whiua kia whakamatea, kia mauhereheretia ranei. No te ra 17 o Mei o te tau 1866 whakamatea ai a Mikaere Kirimangu raua ko Horomona Poropoti (o Taranaki) mo te kohuru i a Fulloon. Tuangahuru ma tahi o ratou i whiua kia whakamatea i hurihia kia mauheretia mo ake tonu atu, a, ko te toenga o nga tangata nei i whakahaua e te Koti kia whakamatea, i takahurihia e te Koti kia mauheretia etahi o ratou mo nga tau e wha, piki atu ki te tekau ma wha tau. Ko era i hara mo te whiwhi rawa i tahaetia, i whiua kia mauheretia mo nga tau e toru. No nga tau 1867 me 1868 i wetekina te hara i runga i etahi o nga tangata nei, engari ko te nuinga i mauheretia a, eke noa te wa i whakaritea mo ratou. Tokotoru ratou i mate i te wa e mauheretia ana ratou ara, ko Tamati o Ngati Hoko (ra 1 o Akuhata o te tau 1866), a Hepeta Te Tai (ra 26 o Noema o te tau 1866), a Paraharaha (ra 18 o Tihema o te tau 1866). Kaore i karakiahia, i poroporoakihia ranei enei tangata i mate ki roto i te whare herehere. Rite ana nga tono a nga whakatipuranga i roto i nga tau kia whakahokia nga koiwi o o ratou whanaunga ki a ratou; no te tau e 1988 tutuki ai a ratou tono:

    • (34) Hei ta Ngati Awa, tokomaha tonu era i tukuna, kaore i hiahia hoki ki o ratou kainga i Whakatane me Matata na te whakama i runga i to ratou mauheretanga me te rironga atu o o ratou whenua. I noho ratou i te taha i a Te Kooti, i Te Rohe Potae, i raro i te maru o Ngati Maniapoto. Ko te nuinga i mate, i takoto ki waho ke o te rohe o Ngati Awa, engari na runga i te mahi a Te Kooti me ana tangata, no te tau 1885 hahua ai ratou, ka tanumia ki te Urupa o Ohuirere, takiwa ki Whakatane:

    Te Raupatu Whenua

    • (35) Na runga i te mana o nga Tono a-Kaunihera i tukuna i te ra 17 o te marama o Hanuere me te ra 1 o te marama o Hepetema o te tau 1866, whai muri mai hoki o ta te Karauna i ki, i hara nga iwi o Te Moana o Toi, ahua e 448 000 eka te rahi o nga whenua i panuitia ai kia raupatuhia i raro i te Ture Whakatau Manene ki Niu Tireni, 1863. Kaore te Ture i korero mo te utu, engari ko te whiu tonu ia tona whainga:

    • (36) Ko te ripa tauarai o nga whenua i raupatutia, ko:

      Nga whenua katoa pokaitia ai e te ripa tauarai, mai i te puwaha o te awa o Wai-tahanui, haere whaka-te-tonga mo tetahi 20 maero; katahi ka hangai te haere ki te tihi o (Mt Edgecombe) Putanaki, mai i reira ka rere whaka-te-rawhiti ki tetahi wahi 11 maero ki te taha tonga o te puwaha o te whanga o Ohiwa, a, totika ana te haere ki te rawhiti mo tetahi 25 maero; katahi ka ripa atu ki te puwaha o te awa o Araparapara, huri haere i te takutai a, kia tau atu ki te timatanga i Wai-tahanui.

    • (37) I roto i te whenua pokaitia ai i raro i te maru o te tono, awhiwhi e 245 000 eka te rahi o nga whenua o Ngati Awa i raupatutia i te tau 1866. He mahi pokanoa tenei mahi, no te mea nui rawa atu nga whenua i raupatutia, ki tera rahi o te whenua e ea ai nga kaupapa i raro i te Ture Whakatau Manene ki Niu Tireni:

    • (38) I pa ki nga hapu katoa o Ngati Awa te raupatunga o nga whenua, tae rawa ki te hunga kaore rawa i atete ki te Karauna. Ko te otinga atu o tenei, me haere ra ano nga hapu o Ngati Awa ki mua i te aroaro o te Koti Utunga me etahi atu wahi, rapu ai kia whakahokia mai o ratou whenua:

    Nga Whakaritenga a Wilson me te Koti Utunga

    • (39) No te marama o Pepuere o te tau 1866, i mua o te noho a te Koti Utunga, ka whakaingoatia e te Karauna tana kaikomihana hira, a John A Wilson ki te whakarite i te toha o nga whenua i raupatutia i Te Moana o Toi. I uru atu a Wilson ki etahi korerorero me etahi o nga hapu mo te whakahokinga mai o etahi whenua. I whiwhia etahi o nga iwi o Te Arawa me etahi atu ki etahi toha mo a ratou kawe a-riri a, ko nga toha nei, mai i nga rohenga whenua o te taha hau-a-uru o te awa o Tarawera, ka taea te ki ka taka i roto i nga toha nei, ko te nuinga o nga whenua e kiia ana e Ngati Awa ko ona rohe o te taha hau-a-uru (he whenua enei e keremehia ana e etahi atu iwi). Kia taka ki te tau 1885, kua hokona ke e te Karauna te nuinga o te whenua nei. Ko te whakaritenga a Wilson, kia whakahokia a-whenua rahui nei te e 77 000 eka ki nga tangata takitahi o Ngati Awa. Koianei tenei tetahi wahanga o te 245 000 eka i murua tuatahitia i te tau 1866:

    • (40) I whakahaerehia nga mahi a Wilson i raro i nga wahanga o Te Ture Whakatau Manene ki Niu Tireni, 1863, tae rawa ki ana whakahounga. E whai mana ai ana whakaritenga, i whakamanatia ai e te Karauna etahi atu hanganga ture penei i Te Ture Whenua Raupatu 1867, Te Ture Hoko Whenua i Richmond 1870, Te Ture Whakamana Toha Whenua i Whakatane 1878, Te Ture Kereme Whenua Maori me Te Ture Whakamana Taitara o te tau 1894:

    • (41) Na Te Ture Whakatau Manene ki Niu Tireni 1863, ka whakaturia ai Te Koti Utunga ki te aha, ki te utu i nga tangata i raupatuhia o ratou whenua, ahakoa te mea kaore ratou i te hara. No te marama o Maehe o te tau 1867 i timata ai nga hui a te Koti i te rohe. Ko nga Kaiwhakawa ko William Mair raua ko Thomas Smith, ko raua tonu etahi o nga kaiarahi i nga ope taua a te Karauna i mua tonu o te raupatu. He maha nga wa, whakamanahia ai e te Koti nga whakaritenga a Wilson, ano nei he whakataunga i waho ake o te koti:

    • (42) Ko era tangata o Ngati Awa kaore i te pirangi whakatau kereme me Wilson, i whakatakoto kereme ke me te Koti; waihoki, ko era te hunga kaore i ahei ki te haere a-tinana ki te Koti ki te whai i a ratou kereme, tae tonu ki era te hunga i mauheretia i te tau 1866, i taka ki waho o enei whakaritenga. Hei etahi wa, na te tomuri o te tae o nga panui, me te tawhiti ki te haere ki nga nohanga a te Koti, tae rawa ki era nohanga i waho atu i te rohe o Ngati Awa, kaore te hunga whai panga e tae ake:

    • (43) Ahakoa te mau i herea nga kai-tono Maori ki nga whakahaere o Te Koti Utunga kei whiua ki waho, no te tau 1866 puta ai te whakamana tomuri a te Paremata e mea ana, kei te tika katoa nga mahi a te Koti, ahakoa te mea tera kaore i tutuki etahi o nga whakaritenga a-ture:

    • (44) No muri mai ka araitia e te hatepe utunga a Ngati Awa nga rohenga whenua ka taka ki roto i te raina raupatu me era whenua i te taha uru o te rohe o Ngati Awa ara, nga rohenga whenua o Matata 31, 39, me 63. Hui katoa e 50 000 eka te rahi o te whenua nei, a, ka taka te nuinga o te rohe whaka-te-uru e keremehia ana e Ngati Awa ki roto. Mo te take o Matata Lot 63, he nui nga korero i whakatakotoria e nga kaiwhakaatu o Ngati Awa ki mua i te aroaro o te Koti, a, i tautokongia aua korero e etahi o nga iwi o Te Arawa. Ahakoa tenei, i whiwhia e te koti aua whenua ki iwi ke ki hapu ke, ki etahi i whawhai mo te Karauna. Kaore he huarahi hoki atu ki te pira i nga whakatau a te koti:

    • (45) Na te tikanga utunga katahi ka pouri rawa atu te iwi o Ngati Awa mo nga mahi raupatu whenua. Kaore i te tino mohiotia ko wai te hunga e ahei ana ki te tono utunga i te Koti. Hei etahi wa tekau tau e taria ana katahi ano ka whiwhi ratou ki te putea Kawanatanga mo te whenua i whakahokia. I whiwhi etahi hapu ki nga whenua o hapu ke, ka mutu, ka mate nga hapu o Ngati Awa ki Whakatane ki te tiaki i nga tangata o hapu ke ki runga ki o ratou whenua, tae rawa ki era mai i te rohe o Matata i uru ki roto i nga pakanga o nga tau 1864 me 1865. He nui tonu te whenua poupou, koraha i whakaritea e Wilson hei whakahoki. Ina whakahokia nga whenua ma nga whakaritenga a Wilson, ma nga tikanga a te Koti Utunga ranei, ka whakahokia ke ki te tangata takitahi, apa te hapu, te iwi ranei. Kaore i whai wahi ki nga toha nei nga tikanga tuturu mo te whenua, a, morearea te noho a te whenua, kei hokona:

    • (46) I nga tau whai muri mai, kaore i aronuitia nga panga a Ngati Awa ki nga rohenga whenua i te taha hau-a-uru o te raina raupatu, i roto i nga toha a Te Koti Whenua Maori. Hei ta Ngati Awa, na runga i nga nekenekehanga o roto i nga tau mai i te 1865 ki te 1867, tae rawa ki nga whakataunga a Te Koti Utunga i taua wa, i raru ai a Ngati Awa i roto i nga kehi o muri mai a Te Koti Whenua Maori e pa ana ki nga rohenga whenua nei:

    Nga Mahi o Nga Ture Whenua Maori, Nga Hoko me etahi atu Wehewehenga o muri iho

    • (47) Whakaturia ai te Koti Whenua Maori i raro i nga Ture Whenua Maori o nga tau 1862 me 1865, ki te rapu ko wai te hunga no ratou nga whenua e ai ki te Tikanga Maori, ki te takahuri hoki i te mana tuturu mo te whenua, kia noho ko nga taitara a te Karauna ki runga i te whenua. I whakatahangia hoki te tika a te Karauna ki te hoko tuatahi i nga whenua o te Maori, e aha ai, e taea ai e te Maori te rihi, te hoko ranei i ona whenua, kaore he nui o nga here. Kaore i nui nga whakawhitiwhiti korero i waenganui i te Karauna me te Maori i mua o te whakamanatanga o te ture nei, kaore hoki ia i ata korero ki a Ngati Awa; he pera te ahua o enei mea i te tekau tau 1860. I tenei wa, kaore he waha korero mo te Maori i roto i te Paremata. Na reira ko to Ngati Awa whakaaro, he mea uhi ke e tetahi atu tenei tikanga tiaki whenua ki runga i a ratou:

    • (48) I te tekau tau o 1870, i whakahaua nga apiha hoko whenua ki te hoko whenua i te rohe o Rangitaiki, a, hei etahi wa, ka whakarite rihi, ka whakawhiti whenua ratou i mua o te haria o te whenua ki mua i te aroaro o Te Koti Whenua Maori kia ata rangahauatia te taitara. I nga tekau tau 1870, 1880 me 1890, whakatakotohia ai e Ngati Awa ana kereme ki etahi whenua i te taha tonga o te raina raupatu. Kaore i tautokona e te Koti a ratou tono mo nga rohenga whenua i Ruatoki me Kaingaroa. I roto i tenei wa, whakawhiwhia ai etahi hapu o Ngati Awa ki etahi panga whenua i nga rohenga whenua o Pokohu, Putauaki, Matahina, Waiohau me Tuararangaia. I te nuinga o te wa, i tukuna e te Koti etahi wahanga o nga rohenga whenua nei ki iwi ke, ahakoa te mea hei ta Ngati Awa, no ratou ake te whenua. No muri ke, ma te hanganga ture, ka whakahaua e te Koti kia whakarongohia ano nga korero mo etahi o nga rohenga whenua. Ko te otinga atu o tenei, i riro atu etahi o nga whenua i tukuna tuatahitia ki a Ngati Awa i Pokohu me Matahina:

    • (49) No muri o tetahi rangahau taitara i te tau 1881, whakawhiwhia a Ngati Awa ki te e 79 000 eka i roto i te rohenga o Matahina. No te tau 1884 rongohia ano nga korero, a, ko te hua o tera, i whakaitia te korahi o te rohenga ki te e 74 300 eka. E 8 500 eka o tenei rahi i tangohia e te Karauna e ea ai nga utu ruri. I whakawhiwhia e Te Koti Whenua Maori nga panga ki nga tangata takitahi, a, ahakoa i pupuritia nga whenua mo tetahi wa i runga i nga okeoke a Ngati Awa kia pupuria, kia tae ki te rau tau e 20, kua maro ke te haere o te wehewehe whenua ki nga tangata takitahi. Ko te hua o tenei, i noho kongakonga noa nga whenua, i maha nga hokohoko whenua i te wahanga tomuri o te rau tau e 19 me te wahanga tomua o te rau tau e 20. Kia taka ki te tau 1980, e 240 eka anake te rahi o te panga whenua o Ngati Awa ki roto i Matahina A1D1. He mate nui ki te iwi o Ngati Awa tenei te rironga atu o te rohenga nei, a, kei roto i te waiata Tangi mo Matahina e whakaata ana te mamae:

    • (50) Ko Putauaki te tipuna maunga o nga tangata katoa o Ngati Awa. I tauwehea a Putauaki e te raina raupatu, nawai a no te tau 1867, ka tukuna ai te taha whaka-te-raki o te maunga e Te Koti Utunga ki a Te Pahipoto raua ko Nga Maihi. Ko te wahanga whaka-te-tonga o te maunga i roto ke i te rohenga whenua e kiia nei ko Putauaki. I te tau 1879 i tu tetahi whakaritenga -- me ana tikanga - i waenganui i nga apiha hoko a te Karauna me etahi o Ngati Awa kia hokona te rohenga whenua, engari no te tau 1881 katahi ano te rohenga whenua nei ka rangahaua e Te Koti Whenua Maori. I tukuna e te Koti te whenua ki a Ngati Awa, a ka tono te iwi kia rahui motuhaketia te whenua. Waihoki, i te hipanga o nga ra e tekau, i runga hoki i te tono a etahi rangatira tokorua o Ngati Awa, ara, a Rangitukehu raua ko Penetito, i wehea e te Koti te rohenga whenua ki nga wahanga e toru. Ko te rohenga whenua nui rawa atu, i tukuna ki etahi tangata takitahi e 15, a, hokona wawetia e ratou ki te Karauna. Kaore e tino maha nga ra whai muri, e 27 nga tane, wahine, tamariki hoki i petihana ki te Minita mo Nga Take Maori mo te mahi tauwehe i te rohenga whenua nei. No muri ke ka tono te hunga na ratou te whenua i hoko ki te Karauna, kia whakahokia tenei me etahi atu rohenga whenua, a, ko te utu mo tenei, ko te moni i homaihia mo te hoko i te whenua i te tuatahi, engari kaore te Karauna i whakaae. Ko te iti noa o te rohenga whenua i mahue mai, tae rawa ki te maunga, i tukuna ki etahi tangata takitahi mai i Ngati Awa me etahi atu iwi. Na enei mahi whakatakitahi i te mana whenua, ka ngaro noa i te iwi enei whenua. He whakamau nui ta Ngati Awa, mo te rironga atu o Putauaki ma nga tikanga rereke i nga rau tau tekau ma iwa, ma tekau hoki:

    • (51) I tua atu, kua riro etahi whenua o Ngati Awa penei i nga rohenga whenua i Rangitaiki, Poroporo-Rewatu, Matahina, Whakatane, me Matata ma nga hanganga ture mahi tumatanui o te rau tau rua tekau. He wahi tapu, he urupa, he papakainga i runga i etahi o nga whenua i riro:

    • (52) Mai i te tau 1867, kua rapu a Ngati Awa i te tika, mo nga he i mahia ki te iwi e te Karauna. He maha nga petihana a Ngati Awa ki te Karauna mo nga raupatu, nga mauheretanga, me te rironga atu o nga whenua i roto i te wa roa. I tae te kaupapa a Ngati Awa ki mua i te aroaro o te Komihana Sim i te tau 1927, a, kaore i tautokongia e te Komihana te kaupapa whanui a Ngati Awa. Haunga tera, i kite te Komihana, paku noa iho te whenua i tohaina ki a Ngai Te Rangihouhiri II raua ko Ngati Hikakino. No muri mai ka tangohia ai tetahi wahanga o te whenua nei i raro i Te Ture Mahi Tumatanui, a, i te mutunga, i toe mai ki nga hapu nei ko etahi whenua titohea anake, e kore e puta he oranga. I tutohu te Komihana ki te toha i etahi whenua i Matata, engari kaore tenei tutohu i puawai:

    • (53) I runga i nga tutohinga o te Komihana Sim, whiwhi ai etahi atu iwi ki etahi utunga a-tau mai i te Karauna, a, whakaturia ai etahi Poari mo etahi iwi raupatu, hunga ano a Ngati Awa:

    Background

    • (2) Recitals (3) to (53) of this Preamble present, in summary form, the background to the Ngati Awa historical claims that is set out in the deed of settlement entered into by Ngati Awa and the Crown:

    Background to settlement

    • (3) Since the time of the raupatu in 1866, Ngati Awa has sought redress for its grievances against the Crown including the confiscation of land from Ngati Awa. The responsibility for seeking redress for breaches of the Treaty of Waitangi (Te Tiriti o Waitangi) has passed through many generations of Ngati Awa men and women. Following the petitions and representations of the late 19th century, the 1920s, and up to the 1960s, the next significant effort occurred in 1980 with the establishment of the Ngati Awa Trust Board at the Ngati Hikakino marae, Puawairua by the hapu and kaumatua of Ngati Awa including Eruera Manuera, Hare Reneti, Aniheta Ratene, and Matarena Reneti. The hapu of Ngati Awa established the Trust Board to progress various issues on behalf of the iwi and in particular, to seek redress for the raupatu (including the loss of land, dislocation of hapu, and loss of rangatiratanga), the restoration of Mataatua wharenui, the return of the Ngati Awa station, and the return of Putauaki. These principal goals of the Trust Board were encapsulated by Aniheta Ratene in the phrase the bed, the blanket and the pillow—the bed symbolized the lands confiscated from Ngati Awa, the blanket represented the Ngati Awa station and the pillow embodied the Ngati Awa claims to Kawerau:

    • (4) In 1988, following an amendment to the Treaty of Waitangi Act 1975 to allow hearing of claims back to 1840, Ngati Awa lodged its claim with the Waitangi Tribunal to investigate its Treaty grievances. In 1988 the Crown, in accordance with its policy of devolution to iwi authorities and at the request of Ngati Awa, enacted Te Runanga o Ngati Awa Act 1988 establishing the Runanga. This included a statutory pardon for those members of Ngati Awa involved in the events of 1865:

    • (5) In 1990 the Crown transferred the Ngati Awa station to Te Runanga o Ngati Awa. The Crown also made payments totalling $200,000 to Te Runanga o Ngati Awa in 1988 and 1990. In 1994, the Crown transferred the Whakatane Telecom site at an agreed value of $390,000 to Ngati Awa. Ngati Awa has always regarded these returns as part settlement of its raupatu claims against the Crown:

    • (6) On 4 July 1994, Ngati Awa finally began its Waitangi Tribunal case at Te Whare o Toroa Marae in Whakatane. Ngati Awa presented its claims at hearings at Kokohinau Marae in Te Teko and Umutahi Marae in Matata, completing the process at Te Whare o Toroa on 1 December 1995:

    • (7) In May 1995, the Waitangi Tribunal issued a memorandum observing that, although the Crown had yet to be heard, Ngati Awa had demonstrated significant and compelling claims that were likely to require substantial compensation from the Crown to remedy past breaches of the Treaty of Waitangi (Te Tiriti o Waitangi). This point was previously made by the Waitangi Tribunal in its memorandum in November 1994:

    • (8) A mandate protocol between the hapu, the Runanga, and the negotiators was prepared and discussed at an annual general meeting in 1996 and at subsequent hui of the Runanga during that year. This was followed by further hui and consultations to confirm the mandate of the negotiators. Cabinet recognised the mandate in October 1996:

    • (9) On 21 December 1998, following 3 years of discussions and negotiations the Crown and Te Runanga o Ngati Awa entered into a heads of agreement. This recorded on a without prejudice basis the matters which they had agreed in principle should be contained in a deed of settlement to effect a settlement of Ngati Awa' s historical claims, and their agreement to negotiate in good faith to settle the terms of the deed of settlement:

    • (10) On 8 October 1999, the Waitangi Tribunal completed its report entitled The Ngati Awa Raupatu Report. The principal findings of the Tribunal were that the confiscation of the lands of Ngati Awa was contrary to the Treaty of Waitangi (Te Tiriti o Waitangi), that there was no rebellion to justify confiscation, and that confiscation as effected against Ngati Awa appears to have been beyond the authority of the New Zealand Settlements Act 1863:

    • (11) The Tribunal also found that it was contrary to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) that the return of lands and reserves was not effected by a fair and open process; that Ngati Awa's exclusion from the lands to the west of the confiscation line was an additional retribution for their perceived rebellion; that tribal land was converted to individual shareholding and tribal authority was therefore removed and the land was exposed to alienation. The Tribunal also concluded that the claims of Ngati Awa should be settled by the Crown through Te Runanga o Ngati Awa. While the Crown did not present evidence to the Tribunal and does not necessarily agree with all the findings made by the Waitangi Tribunal, the Crown had acknowledged that the confiscation against Ngati Awa constituted an injustice and was therefore in breach of the principles of the Treaty of Waitangi (Te Tiriti o Waitangi):

    • (12) In the meantime, the Crown and Ngati Awa were unable to reach agreement on the basis of the 1998 offer. The Crown made a revised settlement offer in 2000:

    • (13) The Crown and Te Runanga o Ngati Awa initialled a deed on 8 July 2002. Ngati Awa ratified the Crown's settlement offer and entered into a deed of settlement on 27 March 2003 recording matters to give effect to a full and final settlement of all Ngati Awa's historical claims:

    Return of Mataatua wharenui

    • (14) In the early 1870s the people of Ngati Awa undertook the construction at Whakatane of a carved meetinghouse, Mataatua. Construction of Mataatua was completed at the beginning of 1875. In 1879 Mataatua was sent by the Crown for exhibition at the Inter-colonial Exhibition in Sydney, Australia. In 1880 the house was sent to Melbourne, then to London to be exhibited. Mataatua returned to New Zealand in 1924 for the South Seas Exhibition in Dunedin. The Crown agreed to allow the University Museum in Otago to exhibit the meeting-house on permanent loan. Ngati Awa has always maintained that it did not transfer title to Mataatua and sought the return of the meeting-house to Whakatane. In August 1996 Ngati Awa and the Crown signed a deed of settlement to return Mataatua to Ngati Awa. This agreement included a Crown payment of $2 million for the costs of transporting and establishing Mataatua Wharenui at Whakatane:

    Historical account

    • (15) The apology from the Crown to Ngati Awa is based on the following historical account:

    Rohe of Ngati Awa

    • (16) Ngati Awa claim that prior to 1866 they exercised tino rangatiratanga as tangata whenua from time to time over their rohe including: the islands of Motiti, the Rurima group, Moutohora (Whale Island), Paepae o Aotea (Volkner Rocks), Whakari (White Island), Ohakana, and Uretara (both the latter 2 islands being situated in Ohiwa Harbour); the seas from Waihi Estuary near Maketu to Ohiwa Harbour; the land, forests, lakes, rivers, and swamps bounded to the north by the coastline from Waihi Estuary to Ohiwa, to the west from the Waihi Estuary along the Pongakawa River to Lake Rotoehu (including the lake itself and the Rotoehu Forest), from Lake Rotoehu to Te Haehaenga, and including Lake Rotoma to the Pokohu, Tuararangaia, and Matahina lands to the south and from there to Ohiwa Harbour:

    • (17) Places of historical and cultural significance to Ngati Awa include: the mountains called Putauaki at Kawerau (Mt Edgecumbe), Whakapaukorero at Matata and Maunga Whakamana at Te Haehaenga, the hill called Te Tiringa at Awakeri, and Koohi Point at Whakatane; the rivers Whakatane, Orini, Rangitaiki, Tarawera, Waitahanui, and the Waikowhewhe and Pongakawa Streams; the Rangitaiki swamp and wetlands; the forests at Rotoehu, Matahina, Kiwinui, Omataroa, Tarawera, and Manawahe; the lakes Rotoehu, Rotoma, Kawerau, Te Tahuna, Roto-Onerahi, Rotoiti Paku, Onepu, and Rotoroa; the thermal areas at Kawerau, Awakeri, Moutohora, and Whakari; the harbours at Ohiwa and Whakatane; and the estuaries at Waihi, Te Awa a Te Atua at Matata, and Whakatane:

    • (18) Ngati Awa land and resources were held in customary tenure where tribal and hapu collective custodianship remained paramount. In the exercise of their rangatiratanga the chiefs of Ngati Awa ensured that very little land within the Ngati Awa rohe was permanently alienated prior to the confiscation:

    • (19) Further, Ngati Awa claim that in 1865 they were essentially autonomous, economically prosperous, and actively engaged in trade and commerce. They produced and sold commodities such as pigs, flax, vegetables, wheat, timber, and potatoes and were involved in a range of commercial activities including flour milling and merchant shipping. Ngati Awa also used commodities such as red ochre, mutton-birds, and the resources of the sea for customary trade with other iwi:

    New Zealand Settlements Act 1863

    • (20) In 1863, the Crown enacted three important pieces of legislation, the Suppression of Rebellion Act, the New Zealand Loan Act, and the New Zealand Settlements Act, the last of which provided for the confiscation of Maori land whenever the Governor in Council was satisfied that any native tribe, or section of tribe or any considerable number thereof, had been engaged in rebellion against the authority of the Queen. More particularly, the Act was passed into law to provide permanent protection and security of the well-disposed Inhabitants of both races for the prevention of future insurrection or rebellion and for the establishment and maintenance of Her Majesty's authority in Law and Order throughout the Colony. In order to achieve those two broad ends, the Crown proposed introducing settlers into the regions by confiscating land and allotting or selling it to military and other settlers. The returns from the sales of land to settlers were also intended to recoup the Crown's costs of the wars against Maori:

    • (21) The British Colonial Office had misgivings about the scope and application of the New Zealand Settlements Act 1863, considering it capable of great abuse. When initially considering the proposal to confiscate lands the Colonial Secretary cautioned the Governor to respect the lands of innocent people and tribes and to apportion the measure of punishment to the degree of guilt. When it later considered the confiscation legislation, the British Colonial Office continued to express serious reservations about the use of the Act and its duration but allowed it to remain in operation because final authority for any confiscation remained with the Governor. The Colonial Secretary instructed the Governor to withhold his consent to any confiscation which was not just and moderate:

    Te Kaokaoroa

    • (22) In 1864, according to the traditions of Ngati Awa, certain hapu of Ngati Awa, including Te Patutatahi, Ngati Hikakino, Ngai Te Rangihouhiri II, and some members of Te Tawera and others joined a combined force of various Mataatua and related iwi which came to be known as the Tai Rawhiti force. This force was destined for the Waikato region to lend assistance to the Waikato tribes who were resisting the unjust invasion of their lands by Crown and colonial forces. It was prevented from travelling through the Rotorua region by a Te Arawa prohibition on armed parties moving through its territory. A number of Te Arawa iwi had sought, and gained, Crown support in this undertaking. A Tai Rawhiti party fought against various Te Arawa iwi in February 1864 at Rotoiti which resulted in loss of life. However, part of this group did proceed to Orakau, in the Waikato region:

    • (23) The Tai Rawhiti force made a second attempt to break through at the Waihi estuary, Maketu, in April 1864. Certain Te Arawa iwi, supported by Crown warships and military personnel, repulsed the force. The fighting culminated in the battle of Te Kaokaoroa where Ngati Awa, particularly Ngati Hikakino and Ngai Te Rangihouhiri II, and allied hapu and iwi suffered numerous casualties. Several key chiefs of Ngati Awa were among those lost:

    James Te Mautaranui Fulloon

    • (24) In late 1864, Kereopa, Horomona, and Patara, prophets of Pai Marire, arrived in the Whakatane region and persuaded a number of Ngati Awa to join Pai Marire. In March 1865, the Reverend Carl Volkner, a missionary living in Opotiki, was killed by local Maori some of whom were influenced by Pai Marire. On 6 March 1865, Ngati Awa chiefs at Whakatane expressed strong disapproval of the killing, but also stated that the Crown should not come through their territory while apprehending those responsible for killing Volkner. No military force was authorised by the Government to pursue Volkner's killers through Ngati Awa territory:

    • (25) In February 1865, after a series of runanga, certain chiefs of Ngati Awa met at Whakatane and resolved to place an aukati (customary prohibitive measure) about their territory to prevent encroachment into their rohe. Then in July 1865, following a series of hui at Tauaroa and Matata, the Pai Marire prophet Horomona and certain Ngati Awa chiefs who sup-ported him declared a second aukati. This aukati ran from Cape Runaway in the east to Taranaki in the west. On 19 or 20 July 1865, the Maruiwi, a Te Arawa trading vessel, arrived at Whakatane. The vessel was seized for breaching the Pai Marire aukati and its crew was held at Whakatane. On 22 July 1865, the Kate, carrying Crown official James Fulloon and others, arrived at Whakatane. Fulloon, of Ngati Awa descent, and three of the crew were killed on board by Ngati Awa supporters of Pai Marire. Wepiha Apanui of the Whakatane section of Ngati Awa then arranged for the burial of his first cousin Hemi (James) Fulloon. There are various explanations for Fulloon' s death; Ngati Awa attribute Fulloon' s death to his breach of the aukati. These events evoked various reactions among the hapu of Ngati Awa:

    The warrant

    • (26) On 2 August 1865, T H Smith, as Civil Commissioner at Maketu, issued a warrant for the arrest of those persons alleged to have been responsible for killing Fulloon and others:

    • (27) The people who were subject to the warrant were:

      Te Hura Te TaiwhakaripiHaki Waihou
      Te Pitoiwi Te PutareraTe Hemara Tukairangi
      Hakaraia TohoraTure Te Matutaera
      Te Aka o Tau Te HuraParaharaha
      Te Metera Te TiiRaniera Te Werotokotoko
      Hepeta Te TaiHaki Tukino
      KorimanaEria Te Hakona
      Horomona PoropitiHeahea Te Pakihiwi
      Utuku Te RangiHohepa Te Ra
      Te Meihana Te TawaTawhaki
      Te WetiniRaureti
      Tamati o Ngati HokoHunia Marupo
      Mohi Te PaohiPanapa Rangirewaia
      TuririHakopa Tupika
      Hawera Te HihiraPetera Moki
      Te HekaraPakiuru
       Hohua Karipipi:
    • (28) In August 1865, a Crown force of some 500 men was formed. It was drawn primarily from certain neighbouring iwi and hapu, many of whom were the traditional foes of Ngati Awa and who had been involved in the battle at Te Kaokaoroa. The Crown force, under the command of Major William Mair, Resident Magistrate, entered the rohe of Ngati Awa to execute the arrest warrant. The purpose of this expedition was explained to Te Hura Te Taiwhakaripi, a Ngati Awa chief, in mid-August. The Crown force was involved in skirmishes with Ngati Awa in which some people were killed. Cattle, horses, and other Ngati Awa property were seized and kainga, wharenui, pataka, and waka were destroyed. This force laid siege to Ngati Awa pa at Whakatane, Matata, and Te Teko to which Te Hura and his force had retreated:

    • (297) On 2 September 1865, the Crown issued a Proclamation of Peace declaring that the war, which had begun at Oakura in Taranaki in 1863, was at an end. The Proclamation of Peace stated that those who had been in arms against the Crown would not be prosecuted for past offences, but excluded those responsible for the killing of Fulloon. The Proclamation stated that if those responsible for the killing of Fulloon were not given up to the Governor then the Crown would take parts of the lands of those tribes who concealed the murderers. It also called for Maori assistance in stopping all future acts of violence and declared an intention to consult with the great Chiefs about the best means for Maori to be represented in the General Assembly so that they could help make the laws they were called on to obey:

    • (30) On 4 September 1865, the Governor issued a proclamation of martial law in the areas of Whakatane and Opotiki to enable the capture of those accused of the murder of Fulloon and others through the use of military force and to enable them to be tried by court martial. Martial law was to operate in the areas from that time until duly revoked and the proclamation implied that the Crown forces could act as a military force. Both these proclamations appeared in the New Zealand Gazette on 5 September 1865. It is unclear, however, when Ngati Awa became aware of these proclamations:

    Te Kupenga

    • (31) There was an increase in Crown military activity at the end of September. This culminated in 3 days of fighting at Te Kupenga Pa, Te Teko. Eventually, on 20 October 1865, those Ngati Awa hapu under the leadership of Te Hura Te Taiwhakaripi surrendered at Te Kupenga. They included Te Tawera, Warahoe, Ngai Te Rangihouhiri II, Te Patutatahi, Ngati Hikakino, and others. Over 30 men, including most of those Ngati Awa named in the warrant and some others, were placed under arrest and transported to Opotiki for trial by courts martial in November 1865 for the killing of Fulloon and other charges. The courts martial found many of the accused guilty and sentenced them to death:

    Trials

    • (32) On 23 December 1865 James Prendergast, the Attorney-General, provided an opinion on the trial by court martial of the prisoners taken at Opotiki. Prendergast determined that martial law was in no way recognised by the law. As a consequence the Governor then ordered that the Ngati Awa accused be transported to Auckland to be tried again, this time before the Supreme Court for murder and other charges. The 35 Ngati Awa accused were all represented by a single legal counsel:

    • (33) The following men were charged with piracy and the murders of Fulloon and seaman Ned on board the Kate: Mikaere Kirimangu, Te Hekara, Himone te Auru, Paraharaha, Hoani Poururu, Hoani Hupe, Utuku te Rangi, Te Aka o Tau te Hura, Hunia Marupo, Haki Waihou, Haki Tukino, Tamati o Ngati Hoko, Tio Wahu, Hawera te Hihira, Heahea te Pakihiwi, and Raniera te Werotokotoko. Three of these men were found innocent on the piracy charge but all were found guilty of murder. Ten other men were charged with being accessories before the fact to the murders. They were Te Hura Te Tai, Te Pitoiwi Te Putarera, Hepeta Te Tai, Horomona Poropiti, Mohi Te Paohi, Te Hemara, Hakaraia Tohora, Te Uwhi Te Haraki, Kereama Toitoi, and Ture Te Matutaera. Six men were also charged with receiving stolen goods from the Kate. By 23 March 1866, all those tried before the Court were found guilty on at least 1 charge and were sentenced to execution or imprisonment. Mikaere Kirimangu and Horomona Poropiti (Taranaki) were executed for the murder of Fulloon on 17 May 1866. Eleven of the men sentenced to death had their sentences commuted to life imprisonment and the other death sentences were commuted to between 4 and 14 years' penal servitude. Those charged with receiving stolen goods were sentenced to 3 years' hard labour. In 1867 and 1868 pardons were issued to some of these men but most served out their terms. Three men died while in prison, namely Tamati o Ngati Hoko (1 August 1866), Hepeta Te Tai (26 November 1866), and Paraharaha (18 December 1866). Those who died in prison were interred without ceremony in the prison grounds. After regular requests over the generations their remains were released for reinterment with their families in 1988:

    • (34) Ngati Awa say that many of those who were eventually released were unable to return to their homes in Whakatane and Matata because of the shame they felt as a consequence of their imprisonment and the confiscation. They lived in the King Country with Te Kooti Rikirangi under the protection of Ngati Maniapoto. Most of them died and were buried outside of the rohe of Ngati Awa but were eventually exhumed and reinterred at Ohuirehe Urupa near Whakatane by Te Kooti Rikirangi and his followers in 1885:

    Confiscation

    • (35) By Orders in Council on 17 January and 1 September 1866, approximately 448 000 acres of land was proclaimed to be confiscated under the New Zealand Settlements Act 1863 as a consequence of Bay of Plenty tribes being deemed by the Crown to have been in rebellion. The Act did not mention punishment but was punitive in nature:

    • (36) The boundaries of the confiscated area were:

      All that land bounded by a line commencing at the mouth of the Waitahanui River, Bay of Plenty, and running due south for a distance of 20 miles; then to the summit of (Mt Edgecombe) Putanaki, thence by a straight line in an easterly direction to a point 11 miles due south from the entrance to the Ohiwa Harbour, thence by a line running due east for 25 miles; thence by a line to the mouth of the Aparapara River and thence following the coastline to the point of commencement at Waitahanui.

    • (37) Within the area covered by the proclamation Ngati Awa had approximately 245 000 acres of its land confiscated in 1866. This was indiscriminate in that the lands taken greatly exceeded the minimum necessary for achieving the purposes of the New Zealand Settlements Act:

    • (38) The confiscation of land affected all Ngati Awa hapu, including many hapu who had never been engaged in any conflict with the Crown. The result was that all of the hapu of Ngati Awa then had to go through the Compensation Court and other processes to seek the return of their land:

    Wilson's arrangements and the Compensation Court

    • (39) In February 1866, prior to the sitting of the Compensation Court, the Crown appointed a special commissioner, John A Wilson, to deal with the allocation of confiscated lands in the Bay of Plenty. Wilson was involved in making arrangements with various hapu for the return of land. Military awards for services rendered were made to certain Te Arawa iwi and other tribes from the 87 000 acre blocks west of the Tarawera River, which included the bulk of the area Ngati Awa claim as their western rohe (other iwi also claim an interest in this area). By 1885 the Crown had purchased most of this land. Wilson's arrangements provided for the return of approximately 77 000 acres awarded to Ngati Awa individuals in the form of reserves. This land was part of the 245 000 acres originally confiscated from the iwi in 1866:

    • (40) Wilson's activities were carried out under the provisions of the New Zealand Settlements Act 1863 and its amendments. In order to validate his arrangements, the Crown then enacted further legislation including the Confiscated Lands Act 1867, the Richmond Land Sales Act 1870, the Whakatane Grants Validation Act 1878, and the Native Land Claims and Boundaries Adjustments and Titles Empowering Act 1894:

    • (41) The Compensation Court was established by the New Zealand Settlements Act 1863 to compensate anyone who had suffered land confiscation when they had not been in rebellion. The Court began its hearings in the region in March 1867. The presiding judges were William Mair and Thomas Smith, both of whom played important roles in either leading or directing the Crown's expeditionary force prior to confiscation. In many cases, the Court validated Wilson's arrangements as out of court settlements:

    • (42) Those Ngati Awa not wishing to settle with Wilson filed claims with the Court but those who could not attend the Court to pursue their claims, especially those who had been imprisoned in 1866, were inevitably excluded. In several cases non-attendance at court hearings was due to inadequate notice, the inability of claimants to attend and hearings being held outside of the rohe of Ngati Awa:

    • (43) Although Maori claimants were required to comply with Compensation Court processes or be excluded, in 1866 Parliament retrospectively declared the Court's own actions and proceedings to be valid and beyond judicial scrutiny, even if statutory requirements had not been met:

    • (44) Ngati Awa were subsequently excluded by the compensation process from those blocks falling within the confiscation line and the western part of the Ngati Awa rohe, namely Matata Lots 31, 39, and 63. These lands comprised an area in excess of 50 000 acres and made up the bulk of the western rohe claimed by Ngati Awa. In the case of Matata Lot 63 Ngati Awa witnesses gave a large amount of evidence and were supported by members of certain Te Arawa iwi. Despite this, the Court awarded this lot to another iwi who had given military service to the Crown. There was no provision for appeal from the decisions of the Court:

    • (45) The compensation process and its outcomes added to the upheaval and distress of the people of Ngati Awa about the confiscation. There was uncertainty about who was entitled to claim compensation from the Court. It often took up to 10 years before a Crown grant was issued for the land returned. Some hapu received land that was previously occupied by other hapu and the Whakatane section of Ngati Awa also had to accept members of other hapu onto their lands, including those from the Matata region who had been more directly involved in the battles of 1864 and 1865. A large proportion of the land that Wilson had arranged for return was mountainous, barren country. Once land was restored either through Wilson's arrangements or the Compensation Court process, it was returned to individuals rather than to the hapu and iwi. The awards did not reflect customary forms of land tenure and the land became more susceptible to sale:

    • (46) In future years Ngati Awa's interests in the blocks to the west of the confiscation line were not recognised in the awards of the Native Land Court. Ngati Awa consider that, because of the events of 1865 to 1867, including the determinations of the Compensation Court, they were prejudiced in later Native Land Court cases involving these blocks:

    The operations of the native land laws, subsequent purchases, and other alienations

    • (47) The Native Land Court was established under the Native Land Acts of 1862 and 1865 to determine the owners of Maori land according to Native Custom and to convert customary title into title derived from the Crown. The Crown's pre-emptive right of land purchase was also set aside, enabling Maori to lease and sell their lands with few restrictions. As was often the case in the 1860s, there was limited consultation concerning this legislation, and the Crown did not specifically consult Ngati Awa. Maori had no direct representation in Parliament at this time. Ngati Awa therefore considers that this change in the land tenure system was imposed on them:

    • (48) In the 1870s Crown land purchase agents were instructed to purchase land in the Rangitaiki area and sometimes negotiated leases and deeds of transfer prior to the land being taken to the Native Land Court for title investigation. During the 1870s, 1880s, and 1890s Ngati Awa made claims to lands south of the confiscation line. Their claims to Ruatoki and Kaingaroa blocks were not upheld by the Court. The Native Land Court awarded Ngati Awa hapu interests in the Pokohu, Putauaki, Matahina, Waiohau, and Tuararangaia blocks over this period. In most cases the Court also awarded parts of these land blocks, regarded by Ngati Awa as theirs, to other iwi. The Crown later ordered rehearings into some of the blocks by way of legislation. As a result, Ngati Awa lost some of the land they had originally been awarded at Pokohu and Matahina:

    • (49) The Court awarded Ngati Awa approximately 79 000 acres in the Matahina block after a title investigation hearing in 1881. A rehearing was held in 1884 and Ngati Awa were awarded a reduced area of approximately 74 300 acres. An area of 8 500 acres of this was immediately taken by the Crown in payment of a survey lien. Native Land Court awards were made in the names of individuals and while Ngati Awa managed to retain most of the land awarded to them for some time, the process of individualising and partitioning of interests accelerated in the 20th century. This resulted in substantial fragmentation and as a consequence many private sales occurred throughout the late 19th and early 20th centuries. By 1980 Ngati Awa's interests in the Matahina block had been reduced to 240 acres in Matahina A1D1. Ngati Awa consider the loss of this block a significant grievance, which is encapsulated in the waiata Tangi mo Matahina:

    • (50) Putauaki is the tipuna maunga of all Ngati Awa. Putauaki was bisected by the confiscation boundary and, consequently, the northern portion of the maunga was awarded to Te Pahipoto and Nga Maihi by the Compensation Court in 1867. The southern portion of the maunga was within the Putauaki block. An agreement for the sale of the block, subject to conditions, was arranged between Crown purchase agents and some Ngati Awa in 1879 but title to the block was not investigated by the Native Land Court until 1881. The Court awarded the block to Ngati Awa and the iwi requested the land be made inalienable. Ten days later, however, on a request from 2 Ngati Awa chiefs, Rangitukehu and Penetito, the Court divided the block into 3 parts. The largest block was vested in 15 individuals and immediately sold to the Crown. Within days, 27 Ngati Awa men, women, and children petitioned the Native Minister protesting the alienation of the block. Those involved in the sale later requested that the Crown return this and other blocks in exchange for a refund of the purchase money but the Crown did not agree. The remainder of the block, which included the maunga, was awarded to various individuals of Ngati Awa and other iwi and ceased to be a tribal asset as a consequence of this process of individualisation. Ngati Awa consider the alienation of Putauaki through various processes in the 19th and 20th centuries to be a significant grievance:

    • (51) Ngati Awa also lost land through acquisitions under public works legislation in the 20th century, including blocks in the Rangitaiki, Poroporo-Rewatu, Matahina, Whakatane, and Matata areas. There were urupa, other wahi tapu, and papakainga on some of the lands taken:

    • (52) Ngati Awa have sought justice for the wrongs inflicted on the iwi by the Crown since 1867. Numerous petitions were sent to the Crown relating to the confiscations, imprisonments, and the loss of land over many generations. Ngati Awa's case was heard before the Sim Commission in 1927 but the Commission did not find in favour of the general Ngati Awa claim. The Commission did, however, find that Ngai Te Rangihouhiri H and Ngati Hikakino had been granted only a small area of land. This was later depleted by a taking under public works legislation and as a result these hapu were left with poor quality land which was insufficient to support them. The Commission recommended the award of some land at Matata, but this never eventuated:

    • (53) As a result of the recommendations of the Sim Commission other iwi had annuities paid to them by the Crown, and Trust Boards were established for some raupatu iwi, but not for Ngati Awa:

The Parliament of New Zealand therefore enacts as follows:

1 Title
  • This Act is the Ngati Awa Claims Settlement Act 2005.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal Assent.

Part 1
Acknowledgements and apology by the Crown to Ngati Awa, and preliminary provisions

3 Purpose
  • The purpose of this Act is to—

    • (a) record the acknowledgements and apology given by the Crown to Ngati Awa in the Ngati Awa deed of settlement dated 27 March 2003 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Dr Sidney Moko Mead, John Mahiti Wilson, Bernard Paul Quinn, Joseph Mason, and Pouroto Nicholas Hamilton Ngaropo for Ngati Awa; and

    • (b) give effect to certain provisions of—

      • (i) the Ngati Awa deed of settlement, which is a deed that settles the Ngati Awa historical claims; and

      • (ii) the ancillary deeds of settlement, which are deeds that settle the ancillary claims.

4 Act binds the Crown
  • This Act binds the Crown.

5 Outline
  • (1) This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act, the Ngati Awa deed of settlement, or the ancillary deeds of settlement.

    (2) Part 1 includes preliminary provisions relating to the purpose of the Act, and records the acknowledgements and apology given by the Crown to Ngati Awa in the Ngati Awa deed of settlement.

    (3) Part 2 defines terms used in this Act, including the key terms Ngati Awa and Ngati Awa historical claims.

    (4) Part 3 provides that the settlement of the Ngati Awa historical claims and the ancillary claims is final, and deals with related issues, including—

    • (a) the effect of the settlements on the jurisdiction of a court, tribunal, or other judicial body to consider the Ngati Awa historical claims and the ancillary claims; and

    • (c) the effect of the settlement of the Ngati Awa historical claims on certain resumptive memorials; and

    • (d) miscellaneous matters relating to the settlement of the Ngati Awa historical claims and the ancillary claims, such as the exclusion of the law against perpetuities and the timing of actions and matters provided for in the Act.

    (5) Part 4 deals with cultural redress in relation to the Ngati Awa historical claims, and includes provisions relating to the following matters:

    • (a) the issue of protocols to the Ngati Awa governance entity by the Minister of Conservation, the Minister of Fisheries, and the Minister for Arts, Culture, and Heritage; and

    • (b) the vesting in the Ngati Awa governance entity of the fee simple estate in 7 cultural redress properties; and

    • (c) an acknowledgement by the Crown of the statements made by Ngati Awa of their cultural, spiritual, historical, and traditional association with certain statutory areas, with provision for entering into deeds of recognition in relation to certain statutory areas, together with provisions as to the effect of these instruments; and

    • (d) the establishment of a joint advisory committee to perform specified functions in relation to certain cultural redress properties and retained sites; and

    • (e) the establishment of a joint management committee to perform specified functions in relation to 3 reserves; and

    • (f) the grant of renewable Nohoanga entitlements over certain Nohoanga sites; and

    • (g) the change of a place name and assignment of place names to specified locations; and

    • (h) the preferential right to purchase authorisations if the Minister of Conservation offers, by public tender and Part 7 of the Resource Management Act 1991, authorisations for specified areas.

    (6) Part 5 contains provisions relating to the transfer of commercial redress properties and related matters.

    (7) Part 6 relates to Awanuiarangi II title. It provides that Ngati Awa may hold land in the name of Ngati Awa's eponymous ancestor, Awanuiarangi II, and may declare settlement properties held under Awanuiarangi II titled as protected land.

    (8) Part 7 deals with the settlement of 3 ancillary claims, and includes provisions vesting the fee simple estate in—

    • (a) Pukaahu, in the Pukaahu governance entity; and

    • (b) the Rangitaiki 60C settlement land, in the Rangitaiki 60C governance entity; and

    • (c) the Waiohau settlement land, in the Waiohau governance entity.

    (9) There are 16 schedules that—

    • (a) describe the cultural redress properties:

    • (b) describe the Nohoanga sites:

    • (c) describe the areas over which statutory acknowledgements are made, and set out the texts of Ngati Awa's statement of association with the areas:

    • (d) list place names to be altered and a place name to be assigned:

    • (e) describe Pukaahu, the Rangitaiki 60C settlement land, and the Waiohau settlement land for the purposes of the ancillary claims.

6 Acknowledgements and apology
  • Sections 7 to 10 record the acknowledgements and apology based on these acknowledgements given by the Crown to Ngati Awa in the Ngati Awa deed of settlement.

7 Text of acknowledgements in Maori—He Whakaaetanga na te Karauna
  • The text of the acknowledgements in Maori as set out in the Ngati Awa deed of settlement is as follows:

    • (1) E whakaae ana te Karauna, mai i te tau 1867, (1)kua whai a Ngati Awa i te tika mo ana whakamau ki te Karauna e mea ana, ahakoa etahi mahi pai ana i te rau tau rua tekau, kaore i totika te mahi a te Karauna ki te whakatika i nga whakamau a Ngati Awa. Na reira e whakaae ana te Karauna i konei ki te tika o nga kereme wa roa a Ngati Awa, a, e whai iho nei te roanga atu o te whakaaetanga.

    • (2) E whakaae ana te Karauna:

      • (a) i mate etahi o Ngati Awa, i wawahia nga rawa o Ngati Awa i te wa e rapu ana te ope taua a te Karauna i te hunga na ratou a Fulloon i kohuru; a

      • (b) mo te pouri i tau ki runga i a Ngati Awa e pa ana ki te hopukanga, te whakawahanga, te mauhereheretanga me te whakamatanga o nga kai-arahi o nga hapu o Ngati Awa; a

      • (c) mo te mea i tanumia nga tupapaku o Ngati Awa i mate ki roto i te whare herehere i runga i te tikanga kore, i roto tonu i nga poupou o te whare herehere, a, kia taka ki te tau 1988, katahi ano ka whakahokia ratou ki roto i nga ringaringa o o ratou whanaunga; a

      • (d) mo te pa mai o te kino ki runga ki te anga hapori, te mana me te rangatiratanga o aua hapu i riro o ratou whenua, o ratou rangatira.

    • (3) E whakaae ana te Karauna:

      • (a) i he te uta i nga kupu tangata hara ki runga i te iwi o Ngati Awa, ka mutu e kore e taea te ki i te whana ratou; a

      • (b) i tangohia nga whenua me nga rawa o Ngati Awa, i tangohia ano hoki ko te rangatiratanga o te iwi ki runga i aua mea; a

      • (c) na runga i te raupatu o nga whenua o Ngati Awa, i tino kaha te paheketanga o te oranga, te ohanga me te whanaketanga o te iwi, a, tapae atu ko te rironga atu o nga wahi tapu, me te aheinga ki nga rawa me nga tuwheratanga ki te whanaketanga; a

      • (d) i he tana raupatu i nga whenua o Ngati Awa, he mahi morikarika, he takahitanga hoki i Te Tiriti o Waitangi me ona matapono, a, kiia ai e Ngati Awa he mahi pokanoa tenei.

    • (4) E whakaae ana te Karauna:

      • (a) na te raupatu, i puta ko te whakatoihara, a, na nga tupuhitanga o Te Koti Utunga katahi ka he rawa atu; a

      • (b) i tukuna e Te Koti Utunga nga whenua ki nga tangata takitahi, apa te iwi, te hapu ranei, waihoki, ehara tenei i te whai i nga tikanga tuturu mo te tiaki whenua. He mea uta ke enei tikanga ki runga i a Ngati Awa, kaore i whaia ko nga whakaaro ake o te iwi; a

      • (c) he maha nga wa, ko ta Te Koti Utunga he whakamana noa i nga whakaritenga o mua noa atu a tetahi apiha Karauna e pa ana ki te tuku haere i te whenua i tenei takiwa; a

      • (d) he mahi pokanoa noa iho te raupatu haere i nga whenua, na te kore whakahoki ona i nga whenua katoa ki era i noho ki a ia; a

      • (e) na te he o te hatepe utunga ara, te nekehanga o nga hapu o Ngati Awa, mai i nga whenua kua roa ke e nohia ana e ratou, ki era whenua o hapu ke, i kaha ake ai te raruraru i waenganui i nga hapu; a

      • (f) i tohaina etahi o nga whenua o Ngati Awa, tae rawa ki ona wahi tapu, ki etahi atu iwi, me te mea, rite tonu te wehea mai o aua whenua whai muri tata iho o te whiwhinga; a

      • (g) na enei mahi i ngoikore haere nga tikanga tangata mai ra ano, tae rawa ki te mana me te rangatiratanga o Ngati Awa. Kaore i tutuki e te Karauna tona kawenga ki te arai i a Ngati Awa i nga hua kino o enei mahi, he takahitanga tenei o Te Tiriti o Waitangi me ona matapono.

    • (5) E whakaae ana te Karauna:

      • (a) whai muri iho o te takahanga o nga taitara whenua ki raro i nga ture whenua Maori, i topea ano nga panga whenua o Ngati Awa, me ki nga whenua i whakahokia mai i muri o te raupatu, me era whenua i waho atu o nga whenua i raupatutia, ma; a

        • (i) te tango whenua hei utu mo nga mahi ruri whenua; a

        • (ii) nga hoko whenua a te Karauna, me etahi atu momo hoko whenua; a

      • (b) na te whakamahia me te whakapa o nga ture whenua Maori, ara, te tuku whenua ki nga tangata takitahi o Ngati Awa, apa ki te iwi, te hapu ranei, i noho watea te whenua ki nga mahi tauwehe, wawahi, hoko hoki. Na tenei mahi i kaha ake te paheketanga o nga tikanga a Ngati Awa, he tikanga i takea mai i te kotahitanga a-hapu, a-iwi hoki mo te tiaki i te whenua. Kaore i ata tiakina aua hanga e te Karauna. Ko te otinga atu, ko te paheketanga o Ngati Awa, me te takahitanga o Te Tiriti o Waitangi me ona matapono.

    • (6) E whakaae ana te Karauna i riro ano i a ia etahi whenua o Ngati Awa ma nga ture hanga tumatanui, e aha ai, e tarea ai e ia te tango whenua ki te kore e taea he whakaritenga.

    • (7) E whakaae ana te Karauna ki te hui katoahia nga mahi me nga mea kaore i mahia e te Karauna, me ki tana kore tiaki i nga panga a Ngati Awa i roto i nga whenua e hiahia ana ia ki to pupuri, kua kite tatou, i tata te noho a Ngati Awa hei iwi whenua kore. He takahitanga o Te Tiriti o Waitangi me ona matapono te mahi a te Karauna i tana kore ngana kia rahi te whenua ka noho kei nga ringaringa o Ngati Awa e ea ai ona wawata mo enei ra, mo nga ra kei te tu.

    • (8) E whakaae ana te Karauna:

      • (a) he wahi nui nga whenua me nga rawa i tangohia i a Ngati Awa, i roto i te oranga me te whanaketanga o tenei whenua, i te wa e noho whenua kore ana, e kore e ahei ana a Ngati Awa ki nga painga mai i aua whenua me aua rawa. Na tenei kore mana, kua raruraru a Ngati Awa me tana whanaketanga taha ohanga, taha hapori, taha tikanga hoki. Kua raruraru hoki a Ngati Awa i te kore tarea e ia te uhi i tona mana ki runga i ona taonga, i ona wahi tapu, me te whakapumau i nga hononga wairua ki aua whenua tuku iho; a

      • (b) E aronui ana, e mihi ana te Karauna ki te wahi ki a Ngati Awa i roto i nga whawhai mo te whenua nei, i roto hoki i nga pakanga o Niu Tireni ki tawahi; a

      • (c) E whakaaturia ana e nga kupu o te waiata a Ngati Awa e whai iho nei, nga mamaetanga me nga taumahatanga i pa mai i nga mahi a te Karauna; a Ka noho pani nei. I pani ki te whenua, I pani ki te tangata. Au tangi kau iho i te po, Ka whakatu ki hea te aroha?

8 Text of acknowledgements in English
  • The text of the acknowledgements in English as set out in the Ngati Awa deed of settlement is as follows:

    • (1) The Crown acknowledges that Ngati Awa have sought redress since 1867, that despite previous efforts made in the 20th century it has failed to deal with the grievances of Ngati Awa in an appropriate way, and that recognition of these grievances is long overdue. The Crown hereby recognises the legitimacy of the Ngati Awa historical claims and makes the following acknowledgements.

    • (2) The Crown acknowledges:

      • (a) that Ngati Awa suffered loss of life and destruction of property during the Crown's expedition to arrest those involved in the murders of Fulloon and others; and

      • (b) the sense of grievance suffered by Ngati Awa in relation to the arrests, trials, imprisonment, and execution of leaders of Ngati Awa hapu; and

      • (c) that the remains of the Ngati Awa men who died in prison were interred without ceremony within the prison walls and were not returned to their whanau until 1988; and

      • (d) the destructive effect of these events on the social structure, mana, and rangatiratanga of the hapu involved who were rendered both landless and leaderless.

    • (3) The Crown acknowledges that:

      • (a) Ngati Awa as an iwi were not in rebellion and were unfairly labelled as rebels and tangata hara ; and

      • (b) Ngati Awa were deprived of tribal land and resources within the confiscation area and were unable to exercise rangatiratanga over them; and

      • (c) the confiscation of Ngati Awa tribal land had a devastating effect on the welfare, economy, and development of Ngati Awa and deprived the iwi of its many wahi tapu, access to its natural resources, and opportunities for development; and

      • (d) its confiscation of Ngati Awa land was unjust, unconscionable, and a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles, and was described by Ngati Awa as he mahi pokanoa-an act without reason.

    • (4) The Crown acknowledges that:

      • (a) the prejudice created by the confiscation was compounded by inadequacies in the Compensation Court; and

      • (b) the Compensation Court awarded land to individuals rather than iwi or hapu, which was not consistent with customary tenure. This system was imposed on Ngati Awa and their views were not sought; and

      • (c) in many cases the Compensation Court validated prior arrangements made by a Crown official regarding the distribution of land in this area; and

      • (d) the confiscations were indiscriminate because of the Court's failure to return land in full to those considered to be loyal; and

      • (e) the compensation process relocated Ngati Awa hapu from land they had traditionally occupied and cultivated, to land that belonged to other Ngati Awa hapu which further exacerbated traditional tensions between those hapu; and

      • (f) Ngati Awa land, including wahi tapu, was awarded to other iwi who then frequently alienated those lands soon after; and

      • (g) these actions eroded the traditional social structures, mana, and rangatiratanga of Ngati Awa. The Crown failed to adequately protect Ngati Awa from the impact of these actions, and this was a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles.

    • (5) The Crown acknowledges that:

      • (a) following the vesting of title under native land laws, Ngati Awa land holdings, comprising land returned after the confiscation and land outside the confiscation boundaries, were further reduced by:

        • (i) the taking of land for payment of survey liens; and

        • (ii) Crown purchases and other sales; and

      • (b) the operation and impact of the native land laws, in particular the awarding of land to individual Ngati Awa rather than to iwi or hapu, made those lands more susceptible to partition, fragmentation, and alienation. This contributed to the further erosion of the traditional tribal structures of Ngati Awa which were based on collective tribal and hapu custodianship of land. The Crown failed to take steps to adequately protect those structures. This had a prejudicial effect on Ngati Awa, and was a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles.

    • (6) The Crown acknowledges that land was also acquired from Ngati Awa under public works legislation that allowed for the compulsory taking of land if agreement could not be reached.

    • (7) The Crown acknowledges that the cumulative effect of the Crown's actions and omissions, particularly its failure to actively protect Ngati Awa interests in the land Ngati Awa wished to retain, left Ngati Awa virtually landless. The Crown's failure to ensure that Ngati Awa were left with sufficient land for their present and future needs was a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles.

    • (8) The Crown acknowledges that:

      • (a) the ancestral lands and resources alienated from Ngati Awa have made a significant contribution to the wealth and development of the nation, whilst Ngati Awa has been alienated from and deprived of the benefits of those lands and resources. This loss of control over land has prejudiced Ngati Awa and hindered its economic, social, and cultural development. It has also impeded the ability of Ngati Awa to exercise control over its taonga and wahi tapu and to maintain and foster spiritual connections with those ancestral lands; and

      • (b) the Crown also acknowledges, and pays tribute to, the contribution that Ngati Awa has made to the defence of the nation in New Zealand's war efforts overseas; and

      • (c) the suffering and hardship resulting from the Crown's actions is described by Ngati Awa in the following waiata:

      Here I live as an orphan, an orphan upon the land, an orphan among the people. At night I weep helplessly, for where is hospitality to be given?

9 Text of apology in Maori-Ko te Whakapaha a te Karauna
  • The text of the apology in Maori as set out in the Ngati Awa deed of settlement is as follows:

    • (1) Ke tuku whakapaha okawa te Karauna ki a Ngati Awa, e penei ana.

    • (2) E aro nui ana te Karauna ki nga tono me nga akiakinga a nga tipuna o Ngati Awa i a ratou i rapu i te utu, i te tika, me te whakaea i roto i nga tau e 130 kua pahure, mo nga mahi a te Karauna, a, i konei ka tuku whakapaha te Karauna ki a ratou, ki o ratou uri me nga uri o nga hapu o Ngati Awa whanui.

    • (3) E tino pouri ana, e whakapaha noa ana te Karauna mo ana takatakahi i Te Tiriti o Waitangi me ona matapono, i whakahuatia i runga ake nei.

    • (4) E tino pouri ana, e whakapaha noa ana te Karauna mo tana raupatu i nga whenua o Ngati Awa, he mahi morikarika.

    • (5) Ko te mea nui, e tino pouri ana, e tino whakapaha ana te Karauna mo tana raupatu i nga whenua o Ngati Awa, tae rawa ki nga putanga o ana mahi i tau ki runga i nga whakatipuranga, ko te otinga atu o aua mahi, kua noho ahua whenua kore a Ngati Awa, kua turakina nga hanganga taha hapori, taha tikanga tuku iho, kua takahia te tino rangatiratanga o nga hapu o Ngati Awa.

    • (6) E tino pouri ana, e tino whakapaha ana te Karauna i te mea kua kotahi rau tau e mau ana te korero ki runga i a Ngati Awa iwi, he tangata hara ratou; na enei ahuatanga te mana o te iwi i hahau.

    • (7) E tino pouri ana, e tino whakapaha ana te Karauna mo nga rereketanga me nga paheketanga i pa kino mai ki te ora, ki te taha ohanga me te pakari o te tu a Ngati Awa hei iwi.

    • (8) E tino pouri ana, e tino whakapaha ana te Karauna i tana kore aro atu ki to mana me te rangatiratanga o Ngati Awa.

    • (9) Na reira, i runga i nga kupu o te whakapaha nei, e rapu ana te Karauna kia ea enei mahi he ana, kia timata nga mahi whakaora; i tua atu, ko tona hiahia, ki te hanga whakapakari i tetahi hononga e takea mai ana i runga i te wairua whakawhirinaki, tetahi ki tetahi, me te wairua mahi tahi me Ngati Awa.

10 Text of apology in English
  • The text of the apology in English as set out in the Ngati Awa deed of settlement is as follows:

    • (1) The Crown formally apologises to Ngati Awa as set out in subsections (2) to (9).

    • (2) The Crown recognises the efforts and struggles of the ancestors of Ngati Awa in pursuit of their claims for redress, justice, and compensation against the Crown for over 130 years, and makes this apology to them, their descendants, and nga uri o nga hapu o Ngati Awa whanui.

    • (3) The Crown profoundly regrets and apologises unreservedly for the breaches of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles acknowledged above.

    • (4) The Crown profoundly regrets and unreservedly apologises for the confiscation of Ngati Awa lands which was unconscionable.

    • (5) The Crown profoundly regrets and unreservedly apologises for the cumulative effect of its actions over the generations which has left Ngati Awa virtually landless, and which has undermined the social and traditional structures and autonomy of Ngati Awa hapu.

    • (6) The Crown regrets that Ngati Awa as an iwi have borne the century old stigma of being labelled rebels and tangata hara and that this has damaged the self-esteem of the people.

    • (7) The Crown profoundly regrets and unreservedly apologises for the destructive impact and demoralising effects of its actions which have caused significant damage to the welfare, economy, and development of Ngati Awa as an iwi.

    • (8) The Crown profoundly regrets its failure to acknowledge the mana and rangatiratanga of Ngati Awa.

    • (9) Accordingly, with this apology, the Crown seeks to atone for these wrongs and begin the process of healing and looks forward to building a relationship of mutual trust and co-operation with Ngati Awa.

Part 2
Interpretation

11 Interpretation of Act generally
  • It is the intention of Parliament that the provisions in this Act are interpreted in a manner that best furthers the agreements expressed in the Ngati Awa deed of settlement and the ancillary deeds of settlement.

12 Interpretation
  • In this Act, unless the context otherwise requires,—

    ancillary claims and ancillary deeds of settlement have the meanings set out in section 161

    antiquities protocol

    [Repealed]

    antiquities protocol: this definition was repealed, as from 1 November 2006, by section 35 Protected Objects Amendment Act 2006 (2006 No 37).

    antiquities protocol area

    [Repealed]

    protocol area: this definition was repealed, as from 1 November 2006, by section 35 Protected Objects Amendment Act 2006 (2006 No 37).

    archaeological site has the meaning given by section 2 of the Historic Places Act 1993

    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 a year and ending with the close of 15 January in the following year; and

    • (c) the days observed as the anniversaries of Wellington and Auckland

    commercial redress property means a property described in attachments 8.1 and 8.2 of the Ngati Awa deed of settlement

    Commissioner of Crown Lands has the same meaning as Commissioner in section 2 of the Land Act 1948

    consent authority has the meaning given by section 2(1) of the Resource Management Act 1991

    conservation document means a conservation management plan

    conservation management plan has the meaning given by section 2(1) of the Conservation Act 1987

    Crown has the meaning given by section 2(1) of the Public Finance Act 1989

    Crown entity has the meaning given by section 2(1) of the Public Finance Act 1989

    Crown forestry licence has the same meaning as in section 2(1) of the Crown Forest Assets Act 1989

    cultural redress property means a property listed in Schedule 1

    deed of recognition means a deed of recognition entered into by the Crown and the Ngati Awa governance entity under section 48

    Director-General has the meaning given by section 2(1) of the Conservation Act 1987

    DOC protocol means a protocol issued under section 21 by the Minister of Conservation that—

    • (a) sets out how the Department of Conservation will interact with the Ngati Awa governance entity on the matters specified in the protocol; and

    • (b) provides for Ngati Awa's input into processes of the Department in relation to the matters specified in the protocol; and

    • (c) is in the form set out in schedule 5.21 of the Ngati Awa deed of settlement

    DOC protocol area means the area shown on the map attached to the DOC protocol, together with the adjacent waters and offshore islands to the extent that they are administered by the Department of Conservation

    effective date means the date that is 6 months after the settlement date

    encumbrance, except in sections 127, 129, and 130, means—

    • (a) a tenancy, lease, licence, licence to occupy, easement, covenant, or other third party right,—

      • (i) whether registered or unregistered, that affects a cultural redress property listed in column 3 of Schedule 1; or

      • (ii) that affects a commercial redress property and is part of the description of the commercial redress property in attachments 8.1 and 8.2 of the deed of settlement; or

    • (b) in the case of the ()hope Beach Holiday Park land, the existing leases referred to in section 152(7)

    fisheries legislation means—

    • (c) all regulations made under either or both those Acts that remain in force

    fisheries protocol means a protocol issued under section 21 by the Minister of Fisheries that—

    • (a) sets out how the Ministry of Fisheries will interact with the Ngati Awa governance entity on the matters specified in the protocol; and

    • (b) provides for Ngati Awa' s input into the processes of that Ministry in relation to the matters specified in that protocol; and

    • (c) is in the four set out in schedule 5.22 of the Ngati Awa deed of settlement

    fisheries protocol area means the area shown on the map attached to the fisheries protocol, together with the adjacent waters

    Historic Places Trust means the New Zealand Historic Places Trust (Pouhere Taonga) continued by section 38 of the Historic Places Act 1993

    licensee, in relation to a Crown forestry licence, means the holder of the licence

    local authority has the meaning given by section 2(1) of the Resource Management Act 1991

    management plan, in relation to a national park, has the same meaning as in section 2 of the National Parks Act 1980

    member of Ngati Awa means every individual referred to in section 13(1)

    New Zealand Conservation Authority has the meaning given by section 2(1) of the Conservation Act 1987

    Ngati Awa and Ngati Awa tipuna have the meanings set out in section 13

    Ngati Awa area of interest has the meaning set out in section 13

    Ngati Awa deed of settlement and deed

    • (a) means the Ngati Awa deed of settlement dated 27 March 2003 signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Dr Sidney Moko Mead, John Mahiti Wilson, Bernard Paul Quinn, Joseph Mason, and Pouroto Nicholas Hamilton Ngaropo for Ngati Awa; and

    • (b) includes—

      • (i) the schedules of the deed; and

      • (ii) any amendments to the deed or to the attachments to the schedules

    Ngati Awa governance entity means Te Runanga o Ngati Awa established by section 5 of Te Runanga o Ngati Awa Act 2005

    Ngati Awa historical claims has the meaning set out in section 14

    offshore islands

    • (a) means the following islands situated in the Bay of Plenty:

      • (i) Motiti Island:

      • (ii) Tokata Island:

      • (iii) Rurima Island:

      • (iv) Moutoki Island:

      • (v) Moutohora (Whale Island):

      • (vi) Whakari (White) Island:

      • (vii) Te Paepae o Aotea (formerly Volkner Rocks); and

    • (b) includes any islands, islets, or rocks adjacent to those islands

    other claimants means, in subparts 4 and 5 of Part 4, a group of individuals, or their governance entity, who have entered into a deed of settlement with the Crown to settle claims made by the group of a kind described in clause 1.3.1(a) of the Ngati Awa deed of settlement

    protected New Zealand objects protocol means a protocol issued under section 20 by the Minister for Arts, Culture and Heritage that—

    • (a) sets out how the Ministry for Culture and Heritage will interact with the governance entity on the matters specified in that protocol; and

    • (b) is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 20

    protected New Zealand objects protocol: this definition was inserted, as from 1 November 2006, by section 35 Protected Objects Amendment Act 2006 (2006 No 37).

    protected New Zealand objects protocol area means the area shown on the map attached to the protected New Zealand objects protocol, together with the adjacent waters

    protected New Zealand objects protocol area: this definition was inserted, as from 1 November 2006, by section 35 Protected Objects Amendment Act 2006 (2006 No 37).

    Pukaahu has the meaning set out in section 161

    Pukaahu claimants has the meaning set out in section 163(1)

    Pukaahu governance entity has the meaning set out in section 161

    Pukaahu historical claims has the meaning set out in section 162(1)

    Rangitaiki 60C claimants has the meaning set out in section 163(1)

    Rangitaiki 60C governance entity and Rangitaiki 60C settlement land have the meanings set out in section 161

    Rangitaiki 60C historical claims has the meaning set out in section 162(1)

    Registrar-General means the Registrar-General of Land appointed in accordance with section 4 of the Land Transfer Act 1952

    relevant consent authority means a consent authority of the region or district that contains, or is adjacent to, a statutory area

    representative entity has the meaning set out in section 14

    resource consent has the meaning given by section 87 of the Resource Management Act 1991

    responsible Minister means, in subpart 1 of Part 4, 1 of the following Ministers

    • (a) the Minister of Conservation:

    • (b) the Minister of Fisheries:

    • (c) the Minister for Arts, Culture, and Heritage:

    • (d) any other Minister of the Crown who is authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 of Part 4

    responsible Ministry means, in subpart 1 of Part 4 of the following departments of State

    • (a) the Department of Conservation:

    • (b) the Ministry of Fisheries:

    • (c) the Ministry for Culture and Heritage:

    • (d) any other department of State authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 of Part 4

    RFR area means the land defined as the RFR area in clause 10.1 of the Ngati Awa deed of settlement

    river, in relation to a statutory acknowledgement, means a continuously or intermittently flowing body of fresh water, including a stream or modified watercourse and the bed of the river

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

    statutory acknowledgement means an acknowledgement made by the Crown under section 40 in respect of a statutory area on the terms set out in subpart 3 of Part 4

    statutory area means the areas and rivers defined in Schedule 3, the general locations of which are indicated on the SO plan referred to in that schedule

    Waiohau claimants has the meaning set out in section 163(1)

    Waiohau governance entity and Waiohau settlement land have the meanings set out in section 161

    Waiohau historical claims has the meaning set out in section 162(1)

    waterway

    • (a) means a lake, being a body of fresh water that is entirely or nearly surrounded by land, or a river, being a continuously or intermittently flowing body of fresh water, and includes a stream and modified watercourse; and

    • (b) includes coastal waters, including harbours; but

    • (c) does not include an artificial watercourse such as an irrigation canal, water supply race, canal for the supply of water for electricity power generation, or farm drainage canal.

13 Meaning of Ngati Awa
  • (1) Ngati Awa

    • (a) means nga uri o nga hapu o Ngati Awa (the descendants of hapu of Ngati Awa); and

    • (b) includes—

      • (i) the collective group composed of individuals referred to in subparagraph (ii); and

      • (ii) every individual who is—

        • (A) descended from a Ngati Awa tipuna:

        • (B) a member of a hapu, group, family, or whanau referred to in subparagraph (iii) and (iv); and

      • (iii) the hapu of Ngati Awa; and

      • (iv) any hapu, group, family, or whanau composed of individuals referred to in subparagraph (ii).

    (2) In this section and section 14, Ngati Awa tipuna means a person who exercised customary rights—

    • (a) by virtue of being descended from—

      • (i) Awanuiarangi II:

      • (ii) a recognised ancestor of any of the hapu of Ngati Awa; and

    • (b) at any time after 6 February 1840 predominantly in relation to the Ngati Awa area of interest.

    (3) In this section,—

    customary rights means rights according to tikanga Maori (Maori customary values and practices), including the following

    • (a) rights to occupy land:

    • (b) rights in relation to the use of:

      • (i) land:

      • (ii) natural or physical resources

    hapu of Ngati Awa means—

    • (a) the following 22 hapu being:

      • (i) Ngati Hokopu—Te Whare o Toroa:

      • (ii) Ngati Hokopu—Te Hokowhitu a Tu Ki Te Rahui:

      • (iii) Ngati Wharepaia:

      • (iv) Ngati Pukeko:

      • (v) Ngati Rangataua:

      • (vi) Ngai Tamapare:

      • (vii) Te Patuwai:

      • (viii) Ngati Maumoana:

      • (ix) Ngai Taiwhakaea II:

      • (x) Ngati Hikakino:

      • (xi) Ngai Te Rangihouhiri II:

      • (xii) Te Tawera:

      • (xiii) Nga Maihi:

      • (xiv) Te Pahipoto:

      • (xv) Ngai Tamaoki:

      • (xvi) Ngai Tamawera:

      • (xvii) Tuariki:

      • (xviii) Warahoe:

      • (xix) Ngati Hamua:

      • (xx) Ngati Awa ki Tamaki Makaurau:

      • (xxi) Ngati Awa ki Poneke:

      • (xxii) Te Kahupake; and

    • (b) the following tribal identities, which are incorporated into the hapu listed in paragraph (a):

      • (i) Ngati Ahi:

      • (ii) Ngati Hinanoa:

      • (iii) Ngati Irawharo:

      • (iv) Kahurere:

      • (v) Ngati Nuku:

      • (vi) Te Patutatahi:

      • (vii) Te Patutahora:

      • (viii) Ngati Tapatahi

    Ngati Awa area of interest means the area identified in attachment 1.1 of the Ngati Awa deed of settlement as the area that Ngati Awa identifies as its area of interest together with the adjacent waters and offshore islands.

    (4) For the purposes of the definitions of Ngati Awa and Ngati Awa tipuna, a person is descended from another person if the person is descended from the other person by—

    • (a) birth; or

    • (b) legal adoption; or

    • (c) Maori customary adoption in accordance with the custom of Ngati Awa.

14 Meaning of Ngati Awa historical claims
  • (1) In this Act, Ngati Awa historical claims

    • (a) means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date) that Ngati Awa (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, that—

      • (i) is, or is founded on, a right arising—

        • (B) under legislation or at common law (including in relation to aboriginal title or customary law); or

        • (C) from fiduciary duty; or

        • (D) otherwise; and

      • (ii) arises from, or relates to, acts or omissions before 21 September 1992

        • (A) by, or on behalf of, the Crown; or

        • (B) by, or under, legislation; and

    • (b) includes every claim to the Waitangi Tribunal to which paragraph (a) applies, including—

      • (i) the following Wai 46 (Ngati Awa/Eastern Bay of Plenty) claims that related exclusively to Ngati Awa (or a representative entity):

        • (A) a general claim of 11 March 1988:

        • (B) an amended claim of 18 July 1989:

        • (C) an amended claim of 8 November 1990:

        • (D) an amended claim of 16 December 1990:

        • (E) a consolidated claim of 8 April 1994:

        • (F) an amended claim of 12 September 2000 (Wai 46 Doc No 1.3(e)); and

      • (ii) the following claims, as far as they relate to Ngati Awa (or a representative entity):

        • (A) Wai 12 (Motiti Island):

        • (B) Wai 23 (Putauaki):

        • (C) Wai 206 (White Island and Whale Island):

        • (D) Wai 501 (Tarawera Forest Claim No 2):

        • (E) Wai 819 (Waiohau Block No 2 and Rangitaiki Block No 38):

        • (F) Wai 1001 (Whakatane TownshipFlooding claim); but

    • (c) does not include the following claims:

      • (i) Wai 411 (Tarawera Forests claim) filed with the Waitangi Tribunal on 14 June 1993 and amended on 26 April 2000:

      • (ii) Wai 888 (Whakatane Sawmill claim) filed with the Waitangi Tribunal on 1 February 2001:

      • (iii) the ancillary claims:

      • (iv) any claim that a member of Ngati Awa or a hapu, group, family, or whanau referred to in section 13(1)(b) had at, or at any time before, the settlement date, or may have at any time after the settlement date, that is, or is founded on, a right arising from being descended from an ancestor who is not a Ngati Awa tipuna:

      • (v) any claim based on descent from a recognised ancestor of Te Tawera to the extent that the claim is, or is founded on, a right arising from being descended from an ancestor other than Awanuiarangi II:

      • (vi) any claim that a representative entity may have to the extent that the claim is, or is founded on, a claim referred to in subparagraph (iv).

    (2) In this Act,—

    representative entity means—

    • (a) the Ngati Awa governance entity:

    • (b) any person (including any trust or trustees) acting for, or on behalf of,—

      • (i) the iwi, or collective group, referred to in section 13(1)(a)(i):

      • (ii) any 1 or more of the individuals referred to in section 13(1)(a)(ii):

      • (iii) any 1 or more of the hapu, groups, families, or whanau referred to in section 13(1)(b).

Part 3
Settlement of historical claims and miscellaneous matters

Subpart 1Settlement of historical claims

Jurisdiction of courts, etc, removed

15 Settlement of Ngati Awa historical claims final
  • (1) The settlement of the Ngati Awa historical claims effected under the Ngati Awa deed of settlement and of the ancillary claims effected under the ancillary deeds of settlement and this Act is final, and on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.

    (2) Subsection (1) does not limit the acknowledgements expressed in, or the provisions of, the Ngati Awa deed of settlement or the ancillary deeds of settlement.

    (3) Despite any other enactment or rule of law, on and from settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—

    • (a) any or all of the Ngati Awa historical claims, the Pukaahu historical claims, the Rangitaiki 60C historical claims, or the Waiohau historical claims; or

    • (b) the Ngati Awa deed of settlement or the ancillary deeds of settlement; or

    • (c) the redress provided under this Act or under the Ngati Awa deed of settlement or the ancillary deeds of settlement; or

    • (d) this Act.

    (4) Subsection (3) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the Ngati Awa deed of settlement, the ancillary deeds of settlement, or this Act.

Treaty of Waitangi Act 1975 amended

16 Jurisdiction of Tribunal to consider claims
  • Section 6 of the Treaty of Waitangi Act 1975 is amended by adding the following subsections:

    • (23) Despite anything in this Act or in any other enactment or rule of law, on and from the settlement date (as defined in section 12 of the Ngati Awa Claims Settlement Act 2005), the Tribunal does not have jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—

      • (a) all or any of the Ngati Awa historical claims, as defined in section 14 of the Ngati Awa Claims Settlement Act 2005; or

      • (b) the Pukaahu historical claims, the Rangitaiki 60C historical claims, or the Waiohau historical claims, as defined in section 162 of the Ngati Awa Claims Settlement Act 2005; or

      • (c) the Ngati Awa deed of settlement, as defined in section 12 of the Ngati Awa Claims Settlement Act 2005; or

      • (d) the ancillary deeds of settlement, as defined in section 161 of the Ngati Awa Claims Settlement Act 2005; or

      • (e) the redress provided under the Ngati Awa deed of settlement, under the ancillary deeds of settlement, or under the Ngati Awa Claims Settlement Act 2005; or

      • (f) the Ngati Awa Claims Settlement Act 2005.

    • (24) Subsection (23) does not exclude the jurisdiction of the Tribunal in respect of the interpretation or implementation of the Ngati Awa deed of settlement, the ancillary deeds of settlement, or the Ngati Awa Claims Settlement Act 2005.

Protections no longer apply

17 Certain enactments do not apply
18 Removal of resumptive memorials
  • (1) The chief executive of Land Information New Zealand must, as soon as is reasonably practicable after the settlement date, issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—

    • (a) solely within the RFR area; and

    • (b) contained in a certificate of title or computer register that has a memorial entered under any of the enactments referred to in section 17(2).

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

    (3) The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1),—

    • (a) register the certificate against each certificate of title or computer register identified in the certificate; and

    • (b) cancel, in respect of each allotment identified in the certificate, the memorial that, under an enactment referred to in section 17(2), is entered on a certificate of title or computer register in respect of that allotment.

Subpart 2Miscellaneous matters

Perpetuities

19 Rule against perpetuities
  • Neither the rule against perpetuities nor any relevant provisions of the Perpetuities Act 1964

    • (a) apply to a document entered into to give effect to the Ngati Awa deed of settlement (including the deed that grants rights of first refusal referred to in clause 10.3 of the Ngati Awa deed of settlement) if the application of that rule or the provisions of that Act would otherwise make the document, or the right conferred by the document, invalid or ineffective; or

    • (b) prescribe or restrict the period in which the Rangitaiki 60C governance entity or the Waiohau governance entity may—

      • (i) exist in law; or

      • (ii) deal with property (including income from property).

Date when actions or matters must occur

20 Timing of actions or matters
  • (1) Actions or matters that occur, or are treated as if they had occurred, or are required under this Act occur or take effect on the settlement date.

    (2) If a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on that other date.

Part 4
Cultural redress

Subpart 1Protocols

General provisions

21 Authority to issue, amend, or cancel protocols
  • (1) Each responsible Minister may—

    • (a) issue a protocol to the Ngati Awa governance entity in the form set out in the schedules to the Ngati Awa deed of settlement; and

    • (b) amend or cancel that protocol.

    (2) A protocol may be amended or cancelled under subsection (1) at the initiative of either—

    • (a) the Ngati Awa governance entity; or

    • (b) the Minister who issued the protocol.

    (3) The Minister who issued the protocol may amend or cancel that protocol only after consulting with, and having particular regard to the views of, the Ngati Awa governance entity.

22 Protocols subject to the Crown's obligations
  • Protocols do not restrict—

    • (a) the ability of the Crown to perform its functions and duties and exercise its powers in accordance with the law and government policy, which includes (without limitation) the ability to—

      • (i) introduce legislation and change government policy; and

      • (ii) interact or consult with any person the Crown considers appropriate, including, without limitation, any iwi, hapu, marae, whanau, or other representative of tangata whenua; or

    • (b) the responsibilities of a responsible Minister and responsible Ministry.

23 Enforceability of protocols
  • (1) The Crown must comply with a protocol while it is in force.

    (2) If the Crown fails without good cause to comply with its obligations under a protocol, the Ngati Awa governance entity may, subject to the Crown Proceedings Act 1950, enforce the protocol.

    (3) Despite subsection (2), damages or any form of monetary compensation are not available as a remedy for failure to comply with a protocol.

    (4) To avoid doubt,—

    • (a) subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and

    • (b) subsection (3) does not affect the ability of a court to award costs in relation to proceedings referred to in subsection (2).

24 Limitation of rights
  • (1) The DOC protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under—

    • (b) the enactments listed in Schedule 1 of that Act.

    (2) The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights held, managed, or administered under fisheries legislation or under the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 (including fish, aquatic life, and seaweed).

    (3) The protected New Zealand objects protocol does not have the effect of granting, creating, or providing evidence of, an estate or interest in, or rights relating to, protected New Zealand objects or nga taonga tuturu held, managed, or administered under the Protected Objects Act 1975.

    (4) In this section, protected New Zealand object and taonga tuturu have the meanings given by section 2 of the Protected Objects Act 1975.

    Subsection (3) was amended, as from 1 November 2006, by section 35 Protected Objects Amendment Act 2006 (2006 No 37) by substituting the words protected New Zealand objects protocol for the words antiquities protocol.

    Subsection (3) was amended, as from 1 November 2006, by section 35 Protected Objects Amendment Act 2006 (2006 No 37) by substituting the words protected New Zealand objects or nga taonga tuturu for the words antiquities or artifacts.

    Subsection (3) was amended, as from 1 November 2006, by section 35 Protected Objects Amendment Act 2006 (2006 No 37) by substituting the words Protected Objects for the word Antiquities.

    Subsection (4) was amended, as from 1 November 2006, by section 35 Protected Objects Amendment Act 2006 (2006 No 37) by substituting the words protected New Zealand object and taonga tuturu for the words antiquity and artifact.

    Subsection (4) was amended, as from 1 November 2006, by section 35 Protected Objects Amendment Act 2006 (2006 No 37) by substituting the words Protected Objects for the word Antiquities.

Noting of certain protocols

25 Noting of DOC protocol
  • (1) The existence of the DOC protocol must be noted in the conservation documents that affect the DOC protocol area.

    (2) The noting of the DOC protocol must include a summary of the terms under which the protocol is issued, as set out in Schedule 5.21 of the Ngati Awa deed of settlement.

    (3) The noting of the DOC protocol is—

    • (a) for the purpose of public notice only; and

26 Noting of fisheries protocol
  • (1) The existence of the fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area.

    (2) The noting of the fisheries protocol must include a summary of the terms under which the protocol is issued, as set out in Schedule 5.22 of the Ngati Awa deed of settlement.

    (3) The noting of the fisheries protocol is—

    • (a) for the purpose of public notice only; and

    (4) In this section, fisheries plan means a plan approved or amended under section 11A of the Fisheries Act 1996.

Subpart 2Cultural redress properties

Vesting of cultural redress properties

27 Interpretation
  • In this Act,—

    Former Matahina A4 Block means the land described by that name in Schedule 1

    Kaputerangi means the land described by that name in Schedule 1

    Otitapu Pa means the land described by that name in Schedule 1

    Te Ihukatia means the land described by that name in Schedule 1

    Te Paripari Pa means the land described by that name in Schedule 1

    Te Toangapoto means the land described by that name in Schedule 1

    Whakapaukorero means the land described by that name in Schedule 1.

28 Kohi Point Walkway
  • (1) The part of the walkway over Kaputerangi shown on SO 57035 South Auckland Land District is deemed to be a walkway by the name of Kohi Point Walkway as if it had been declared under section 6 of the New Zealand Walkways Act 1990.

    (2) Subsection (1) takes effect immediately before the actions described in section 29.

    (3) The Registrar-General must, upon creating a computer free-hold register for Kaputerangi, note that it is subject to the Kohi Point Walkway.

29 Kaputerangi
  • (1) The appointment of Whakatane District Council to control and manage Kaputerangi as a reserve is revoked.

    (2) The reservation of Kaputerangi as a historic reserve subject to section 18 of the Reserves Act 1977 is revoked.

    (3) The fee simple estate in Kaputerangi vests in the Ngati Awa governance entity.

    (4) Kaputerangi is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

    (5) Despite section 16(10) of the Reserves Act 1977, the historic reserve created under subsection (4) is named Kaputerangi Historic Reserve.

    (6) The Ngati Awa governance entity is the administering body of Kaputerangi Historic Reserve for the purposes of the Reserves Act 1977.

30 Te Paripari Pa
  • (1) The reservation of Te Paripari Pa as a historic reserve subject to section 18 of the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Te Paripari Pa vests in the Ngati Awa governance entity.

    (3) Te Paripari Pa is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

    (4) Despite section 16(10) of the Reserves Act 1977, the historic reserve created under subsection (3) is named Te Paripari Pa Historic Reserve.

    (5) The Ngati Awa governance entity is the administering body of Te Paripari Pa Historic Reserve for the purposes of the Reserves Act 1977.

31 Otitapu Pa
  • (1) The reservation of Otitapu Pa as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Otitapu Pa vests in the Ngati Awa governance entity, subject to the protected private land agreement referred in clause 4.4.4 of the Ngati Awa deed of settlement.

    (3) On the vesting of Otitapu Pa under subsection (2),—

    • (a) Otitapu Pa becomes protected private land under section 76 of the Reserves Act 1977, as if it had been declared to be so under subsection (2) of that section; and

    • (b) the protected private land agreement referred to in clause 4.4.4 of the Ngati Awa deed of settlement is to be treated as if it were an agreement under section 76(1) of the Reserves Act 1977.

    (4) The Registrar-General must note a memorial on the title of Otitapu Pa recording that it is subject to a protected private land agreement.

    (5) If the parties agree to terminate the protected private land agreement referred to in subsection (4), the Registrar-General must, on receipt of notification to that effect from the Minister of Conservation, remove the notation required by that subsection from the computer freehold register that relates to the land.

32 Te Toangapoto
  • (1) The vesting of Te Toangapoto in the Whakatane District Council is cancelled.

    (2) The reservation of Te Toangapoto as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked.

    (3) The fee simple estate in Te Toangapoto vests in the Ngati Awa governance entity.

    (4) Te Toangapoto is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (5) Despite section 16(10) of the Reserves Act 1977, the recreation reserve created under subsection (4) is named Te Toangapoto Recreation Reserve.

    (6) The Ngati Awa governance entity is the administering body of Te Toangapoto Recreation Reserve for the purposes of the Reserves Act 1977.

33 Te Ihukatia
  • (1) The reservation of Te Ihukatia as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Te Ihukatia vests in the Ngati Awa governance entity.

    (3) Te Ihukatia is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (4) Despite section 16(10) of the Reserves Act 1977, the recreation reserve created under subsection (3) is named Te Ihukatia Recreation Reserve.

    (5) The Ngati Awa governance entity is the administering body of Te Ihukatia Recreation Reserve for the purposes of the Reserves Act 1977.

34 Whakapaukorero
  • (1) The reservation of Whakapaukorero as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Whakapaukorero vests in the Ngati Awa governance entity.

    (3) Whakapaukorero is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

    (4) Despite section 16(10) of the Reserves Act 1977, the reserve created under subsection (3) is named Whakapaukorero.

    (5) The Ngati Awa governance entity is the administering body of the historic reserve declared by subsection (3) for the purposes of the Reserves Act 1977.

35 Former Matahina A4 Block
  • (1) The fee simple estate in the Foimer Matahina A4 Block vests in the Ngati Awa governance entity.

    (2) Part 4A of the Conservation Act 1987 does not apply to the vesting under subsection (1).

36 Intermediate vesting of certain land in Crown
  • (1) This section applies to the following sites:

    • (a) Kaputerangi:

    • (b) Otitapu Pa:

    • (c) Te Ihukatia:

    • (d) Te Paripari Pa:

    • (e) Te Toangapoto:

    • (f) Whakapaukorero.

    (2) On the revocation under this subpart of the reserve status of the sites referred to in subsection (1), the sites vest in the Crown as Crown land and become subject to section 82 of the Reserves Act 1977 before they vest in the Ngati Awa governance entity.

Provisions relating to vesting of cultural redress properties

37 Vesting subject to encumbrances
  • The vesting of each cultural redress property is subject to the encumbrances (if any) listed in column 3 of Schedule 1.

38 Registration of ownership
  • (1) This section applies to the fee simple estate in a cultural redress property that vests in the Ngati Awa governance entity by virtue of this Act.

    (2) The Registrar-General must, on written application by an appropriate person, comply with subsections (3) and (4).

    (3) To the extent that a property comprises all the land in a certificate of title or computer freehold register, the Registrar-General must—

    • (a) register the Ngati Awa governance entity as the proprietor of the fee simple estate in the land; and

    • (b) make those entries in the register and generally do all things necessary to give effect to this subpart and section 4 of the Ngati Awa deed of settlement.

    (4) To the extent that a property does not comprise all the land in a certificate of title or computer freehold register, or there is no certificate of title or computer freehold register for all or part of the property, the Registrar-General must, in accordance with the application referred to in subsection (2), create 1 or more computer freehold registers in the name of the Ngati Awa governance entity, subject to, and together with, any encumbrances that are registrable or notifiable and that are described in that written application.

    (5) Subsection (4) applies subject to completing any survey necessary to create a computer freehold register.

    (6) A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—

    • (a) 24 months after the vesting of the property in the Ngati Awa governance entity; or

    • (b) any later date that may be agreed in writing by the Ngati Awa governance entity and the Crown.

    (7) In this section, appropriate person means a person who is authorised to make an application under subsection (2) by—

    • (a) the Director-General, for the sites described in sections 29 to 34 and 152; and

    • (b) the Secretary to the Treasury, for the site described in section 35.

39 Application of other enactments
  • (1) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation under this subpart of the reserve status of a cultural redress property vested in the Ngati Awa governance entity under this subpart.

    (2) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

    • (a) the vesting in the Ngati Awa governance entity of the fee simple estate in a cultural redress property under this subpart; or

    • (b) a matter incidental to, or required for the purpose of, the vesting of the fee simple estate in a cultural redress property under this subpart.

    (3) Sections 78(1)(a) and 79 to 81 of the Reserves Act 1977 do not apply to the vesting in the Ngati Awa governance entity of a cultural redress property under this subpart.

    (4) The vesting of the fee simple estate in a cultural redress property under this subpart does not—

    • (b) affect private rights to subsurface minerals.

    (5) Except as provided in section 35, the vesting in the Ngati Awa governance entity of a fee simple estate in a cultural redress property under this subpart is a disposition for the purpose of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

Subpart 3Statutory acknowledgements and deeds of recognition

Statutory acknowledgements

40 Statutory acknowledgements by the Crown
  • The Crown acknowledges the statements made by Ngati Awa of the particular cultural, spiritual, historical, and traditional association of Ngati Awa with the statutory areas listed in Parts 1 and 2 of Schedule 3, the texts of which are set out in Schedules 4 to 14.

41 Purposes of statutory acknowledgements
  • (1) The only purposes of the statutory acknowledgements are—

    • (a) to require relevant consent authorities, the Environment Court, and the Historic Places Trust to have regard to the statutory acknowledgements, as provided for in sections 42 to 44; and

    • (b) to require relevant consent authorities to forward summaries of resource consent applications to the Ngati Awa governance entity, as provided for in section 46; and

    • (c) to enable the Ngati Awa governance entity and a member of Ngati Awa to cite the statutory acknowledgements as evidence of the association of Ngati Awa with the relevant statutory areas, as provided for in section 47; and

    • (d) to provide a statement by Ngati Awa, for inclusion in a deed of recognition, of the association of Ngati Awa with a statutory area.

    (2) This section does not limit the operation of sections 54 to 57.

42 Consent authorities must have regard to statutory acknowledgements
  • (1) From the effective date, a relevant consent authority must have regard to a statutory acknowledgement relating to a statutory area in forming an opinion in accordance with sections 93 to 94C of the Resource Management Act 1991 as to whether the Ngati Awa governance entity is a person who may be adversely affected by the granting of a resource consent for activities within, adjacent to, or impacting directly on, the statutory area.

    (2) Subsection (1) does not limit the obligations of a relevant consent authority under Part 2 of the Resource Management Act 1991.

43 Environment Court to have regard to statutory acknowledgements
  • (1) From the effective date, the Environment Court must have regard to a statutory acknowledgement in determining under section 274 of the Resource Management Act 1991 whether the Ngati Awa governance entity is a person having an interest in the proceedings greater than the public generally in respect of an application for a resource consent for activities within, adjacent to, or impacting directly on the statutory area.

    (2) Subsection (1) does not limit the obligations of the Environment Court under Part 2 of the Resource Management Act 1991.

44 Historic Places Trust and Environment Court to have regard to statutory acknowledgements
  • From the effective date, the Historic Places Trust and the Environment Court must have regard to a statutory acknowledgement in forming an opinion under section 14(6)(a) or section 20(1) of the Historic Places Act 1993, as the case may be, as to whether the Ngati Awa governance entity is a person directly affected in relation to an archaeological site within the statutory area.

45 Recording statutory acknowledgements on statutory plans
  • (1) From the effective date, local authorities with jurisdiction in an area that includes a statutory area must attach information recording a statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area.

    (2) The attachment of information under subsection (1) to a statutory plan—

    • (a) may be by reference to this subpart or by setting out the statutory acknowledgement in full; and

    • (b) is for the purpose of public information only, and the information is not—

      • (i) part of the statutory plan (unless adopted by the relevant local authority); or

    (3) In this section, statutory plan—

    • (a) means a district plan, proposed plan, regional coastal plan, regional plan, or regional policy statement as defined in section 2(1) of the Resource Management Act 1991; and

46 Distribution of resource consent applications to Ngati Awa governance entity
  • (1) A relevant consent authority must, for a period of 20 years from the effective date, forward to the Ngati Awa governance entity a summary of resource consent applications received by that consent authority for activities within, adjacent to, or impacting directly on a statutory area.

    (2) The information provided under subsection (1) must be—

    • (a) the same as would be given under section 93 of the Resource Management Act 1991 to persons likely to be adversely affected, or as may be agreed between the Ngati Awa governance entity and the relevant consent authority; and

    • (b) provided as soon as is reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C of the Resource Management Act 1991.

    (3) The Ngati Awa governance entity may, by notice in writing to a relevant consent authority,—

    • (a) waive its rights to be notified under this section; and

    • (b) state the scope of that waiver.

    (4) This section does not affect the obligation of a consent authority to—

    • (b) form an opinion as to whether the Ngati Awa governance entity is a person that is likely to be adversely affected under those sections.

47 Use of statutory acknowledgement
  • (1) The Ngati Awa governance entity and a member of Ngati Awa may, as evidence of the association of Ngati Awa with a statutory area, cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a relevant consent authority, the Environment Court, or the Historic Places Trust concerning activities within, adjacent to, or impacting directly on the statutory area.

    (2) The content of the statement of association, as recorded in the statutory acknowledgement, is not, by virtue of the statutory acknowledgement, binding as deemed fact on—

    • (a) relevant consent authorities:

    • (b) the Environment Court:

    • (c) the Historic Places Trust:

    • (d) parties to proceedings before those bodies:

    • (e) any other person able to participate in those proceedings.

    (3) Despite subsection (2), the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.

    (4) Neither the Ngati Awa governance entity nor a member of Ngati Awa is precluded from stating that Ngati Awa have an association with a statutory area that is not described in the statutory acknowledgement.

    (5) The content and existence of the statutory acknowledgement do not limit a statement made under subsection (4).

Deeds of recognition

48 Authorisation to enter into and amend deeds of recognition
  • A Minister of the Crown with statutory responsibility for land within a statutory area, or the Commissioner of Crown Lands, may—

    • (a) enter into deeds of recognition with the Ngati Awa governance entity—

      • (i) in respect of the land within the statutory areas referred to in Part 2 of Schedule 3; and

      • (ii) in the form set out for each statutory area (or part of an area) in the schedules of the Ngati Awa deed of settlement; and

    • (b) amend a deed of recognition by entering into a deed with the Ngati Awa governance entity to amend that deed of recognition.

49 Purpose of deed of recognition
  • (1) The only purpose of a deed of recognition is to require that the Ngati Awa governance entity be consulted, and regard be had to its views, as provided for in the Ngati Awa deed of settlement and in each deed of recognition.

    (2) Subsection (1) does not limit or affect sections 54 to 57.

50 Termination of deeds of recognition
  • A deed of recognition terminates in respect of a statutory area, or part of it, if—

    • (a) the Ngati Awa governance entity and a Minister of the Crown or the Commissioner of Crown Lands agree in writing that a deed of recognition is no longer appropriate for the area concerned; or

    • (b) the area concerned is disposed of by the Crown; or

    • (c) there is a change in the Minister or department of State responsible for the management of the area concerned.

51 Crown management
  • The entry into a deed of recognition does not, in. relation to a statutory area to which the deed of recognition applies,—

    • (a) require the Crown to increase or resume management or administrative functions; or

    • (b) preclude the Crown from undertaking only limited management or administrative functions.

Application of statutory acknowledgements and deeds of recognition in relation to rivers

52 Statutory acknowledgements in relation to rivers
  • If a statutory acknowledgement relates to a river, the statutory acknowledgement does not include—

    • (a) a part of the bed of the river that is not owned by the Crown; or

    • (b) land that the waters of the river do not cover at its fullest flow without overlapping its banks; or

    • (c) an artificial watercourse; or

    • (d) a tributary flowing into the river.

53 Deeds of recognition for rivers
  • If a deed of recognition relates to a river, that deed of recognition relates only to the bed of the river, which does not include—

    • (a) a part of the bed that is not owned and managed by the Crown; or

    • (b) land that the waters of the river do not cover at its fullest flow without overlapping its banks; or

    • (c) the bed of an artificial watercourse; or

    • (d) the bed of a tributary flowing into the river.

General provisions

54 Crown not precluded from granting other statutory acknowledgements or deeds of recognition
  • Neither the provision of a statutory acknowledgement nor the entry into a deed of recognition precludes the Crown from providing a statutory acknowledgement to, or entering into a deed of recognition with, persons other than Ngati Awa or the Ngati Awa governance entity with respect to the same area.

55 Exercise of powers, duties, and functions not affected
  • (1) Except as expressly provided in this subpart,—

    • (a) neither a statutory acknowledgement nor a deed of recognition affects, or may be taken into account by, a person exercising a power or performing a function or duty under a statute, regulation, or bylaw:

    • (b) no person, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw may give greater or lesser weight to the association of Ngati Awa with a statutory area (as described in the relevant statutory acknowledgement) than that person would give under the relevant statute, regulation, or bylaw if no statutory acknowledgement or deed of recognition existed in respect of the statutory area.

    (2) Subsection (1)(b) does not affect the operation of subsection (1)(a).

56 Rights not affected
  • Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition affects the lawful rights or interests of a person who is not a party to the Ngati Awa deed of settlement.

57 Limitation of rights
  • Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition has the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.

Amendment to Resource Management Act 1991

58 Amendment to Resource Management Act 1991
  • Schedule 11 of the Resource Management Act 1991 is amended by inserting, in its appropriate alphabetical order, the following item:

    Ngati Awa Claims Settlement Act 2005.

Subpart 4Joint advisory committee for Matata Scenic Reserve, Whakapaukorero, and Te Awa a Te Atua

59 Interpretation
  • In this subpart, unless the context otherwise requires,—

    joint advisory committee or committee means the committee appointed in accordance with this subpart

    Matata Scenic Reserve means the land shown by the bold lines on SO 61695, South Auckland Land District

    Minister means the Minister of Conservation

    retained sites means, to the extent that these sites remain in Crown ownership,—

    • (a) Te Awa a Te Atua; and

    • (b) Matata Scenic Reserve (excluding Whakapaukorero)

    Te Awa a Te Atua means the land described by that name in attachment 5.1 of the Ngati Awa deed of settlement

    Whakapaukorero has the same meaning as in section 27.

Membership of joint advisory committee

60 Appointment of members of joint advisory committee
  • (1) The Minister must appoint the members of the joint advisory committee in accordance with section 61.

    (2) Every member of the committee is appointed by notice published in the Gazette.

    (3) The notice of appointment must specify each member's term of office.

    (4) A member takes office for a term of 5 years from the date specified in the notice of appointment and may be reappointed.

61 Constitution of joint advisory committee
  • The joint advisory committee must consist of not more than 4 members, being—

    • (a) 2 members nominated by the Ngati Awa governance entity:

    • (b) 2 members nominated by the Director-General.

62 Functions of joint advisory committee
  • The functions of the joint advisory committee are to advise—

    • (a) the Minister and Director-General on conservation matters affecting the retained sites; and

    • (b) the Ngati Awa governance entity on conservation matters affecting Whakapaukorero.

63 Advice on retained sites
  • (1) The Minister and the Director-General must consult with, and have regard to the views of, the joint advisory committee in relation to conservation matters affecting the retained sites.

    (2) The Director-General must, in particular, consult with, and have regard to the advice of, the joint advisory committee in relation to—

    • (a) the preparation of conservation management plans; and

    • (b) annual planning, including the setting of annual conservation priorities.

64 Advice on Whakapaukorero
  • The Ngati Awa governance entity must have regard to the advice of the joint advisory committee in relation to conservation matters affecting Whakapaukorero.

Procedures of joint advisory committee

65 Meetings of committee
  • (1) Except as otherwise provided in this section, the joint advisory committee may regulate its own procedure.

    (2) Unless the members of the committee agree otherwise,—

    • (a) members must appoint the chairperson of the committee; and

    • (b) the committee must meet twice a year; and

    • (c) the chairperson of the committee has a casting vote.

66 Vacancy in membership of committee
  • No act or proceeding of the joint advisory committee is invalid merely because of a failure of the Ngati Awa governance entity or the Director-General to nominate persons as members of the committee under section 61.

Funding provisions

67 Costs and expenses of committee
  • (1) The Crown must pay the members of the joint advisory committee nominated by the Director-General, the actual and reasonable costs and expenses incurred by members of the committee acting in their capacity as members.

    (2) The Crown must meet the proportion of the administrative costs and expenses of the joint advisory committee that equates to the proportion of members nominated by the Director-General bears to the total number of members of the committee.

    (3) The Ngati Awa governance entity must meet the costs as set out in clause 5.3.6 of the Ngati Awa deed of settlement.

Change in ownership of retained sites

68 Change in ownership of retained sites
  • (1) The Crown may vest parts of the retained sites in 1 or more other claimants on terms that are similar to the vesting of Whakapaukorero in the Ngati Awa governance entity.

    (2) If any part of the retained sites is vested in other claimants under subsection (1), then, despite section 61, nominees of other claimants may be appointed to the joint advisory committee.

Exercise of powers by Minister

69 Minister must consult with committee before exercising powers in relation to certain matters
  • The Minister must consult with the joint advisory committee if the Minister intends to exercise his or her powers to—

    • (a) discharge the joint advisory committee; or

    • (b) change the composition of the joint advisory committee appointed under section 61, unless the change is in accordance with section 68.

70 Section 9 of Reserves Act 1977 not to apply
  • Section 9 of the Reserves Act 1977 does not apply to the exercise by the Minister of any power, function, discretion, or authority under this subpart.

Subpart 5Joint management committee for Moutohora (Whale Island) Wildlife Management Reserve, Ohope Scenic Reserve, and Tauwhare Pa Scenic Reserve

71 Interpretation
  • In this subpart, unless the context otherwise requires,—

    Bay of Plenty Conservation Board means the Conservation Board established under section 6L of the Conservation Act 1987

    Commissioner has the same meaning as in section 2(1) of the Reserves Act 1977

    joint management committee means the committee appointed in accordance with this subpart

    jointly managed sites means—

    • (a) Moutohora (Whale Island) Wildlife Management Reserve; and

    • (b) Ohope Scenic Reserve; and

    • (c) Tauwhare Pa Scenic Reserve

    Minister means the Minister of Conservation

    Moutohora (Whale Island) Wildlife Management Reserve means the island described by that name in attachment 5.2 of the Ngati Awa deed of settlement

    Ohope Scenic Reserve means the land described by that name in attachment 5.2 of the Ngati Awa deed of settlement

    Tauwhare Pa Scenic Reserve means the land described by that name in attachment 5.2 of the Ngati Awa deed of settlement.

Membership of joint management committee

72 Appointment of members of joint management committee
  • (1) The Minister must appoint the members of the joint management committee in accordance with section 73.

    (2) Every member of the committee is appointed by notice published in the Gazette.

    (3) A member takes office for a term of 5 years from the date specified in the notice of appointment, and may be reappointed.

    (4) The Minister may, from time to time, appoint additional members and remove members (including individuals nominated by other claimants).

73 Constitution of joint management committee
  • (1) The joint management committee must consist of:

    • (a) 2 members nominated by the Director-General to the Minister:

    • (b) 3 members nominated by the Ngati Awa governance entity to the Director-General:

    • (c) 1 member nominated by the Bay of Plenty Conservation Board to the Director-General.

    (2) Unless all members of the committee agree otherwise, members must appoint a chairperson.

74 Powers and functions delegated to joint management committee
  • (1) The Minister must delegate to the joint management committee the Minister's powers and functions under the Reserves Act 1977 as set out in attachment 5.3 of the Ngati Awa deed of settlement.

    (2) The Minister and the Commissioner must delegate to the committee their powers and functions under section 22(5) of the Reserves Act 1977 in respect of the Moutohora (Whale Island) Wildlife Management Reserve.

    (3) The powers and functions delegated under subsection (2) include the power to grant a permit to members of Ngati Awa to enter the Moutohora (Whale Island) Wildlife Management Reserve for the purpose of collecting relevant hangi stones in accordance with section 86.

    (4) The delegations under subsections (1) and (2)

    • (a) must be in writing; and

    • (b) may be revoked by the Minister in accordance with section 84.

    (5) The delegations by the Minister under this section do not prevent the Minister from exercising the powers and functions concerned.

75 Functions of joint management committee
  • The functions of the joint management committee are to—

    • (a) exercise the delegations referred to in section 74(1) and (2); and

    • (b) advise the Minister, the Director-General, the New Zealand Conservation Authority, and the Bay of Plenty Conservation Board in relation to the conservation of the jointly managed sites.

76 Advice on conservation matters
  • The Minister, the Director-General, the New Zealand Conservation Authority, and the Bay of Plenty Conservation Board must consult with, and have regard to the advice of, the joint management committee in relation to the conservation of the jointly managed sites and, in particular, concerning the following:

    • (a) the development of conservation policy:

    • (b) conservation management:

    • (c) annual business planning.

77 Committee to be Conservation Board for jointly managed sites
  • (1) The joint management committee has, for the purposes of section 40B of the Reserves Act 1977, all the powers and functions of a Conservation Board established under section 6L of the Conservation Act 1987 in relation to the jointly managed sites.

    (2) To avoid doubt, the relevant Conservation Board must not exercise any of the powers and functions referred in subsection (1) in relation to the jointly managed sites.

Procedures of joint management committee

78 Meetings of committee
  • (1) Except as otherwise provided in this section, the joint management committee may regulate its own procedure.

    (2) Unless the members of the committee agree otherwise,—

    • (a) the committee must meet twice a year; and

    • (b) the chairperson of the committee has a casting vote.

79 Vacancy in membership of committee
  • No act or proceeding of the joint management committee is invalid merely because of a failure of the Ngati Awa governance entity or the Director-General to nominate persons as members of the committee under section 73.

Funding provisions

80 Remuneration of members
  • (1) Members of the joint management committee are entitled to receive, out of public money appropriated by Parliament for the purpose, remuneration by way of salary, fees, or otherwise and travelling allowances or travelling expenses in accordance with the Fees and Travelling Allowances Act 1951 incurred in acting as members of the committee, as if the committee were a statutory Board within the meaning of that Act.

    (2) Subsection (1) applies to members who are not members by virtue of being officers of any Department of State.

81 Amendment to Fees and Travelling Allowances Act 1951
  • Schedule 1 of the Fees and Travelling Allowances Act 1951 is amended by inserting, after the item relating to the Invercargill Licensing Trust, the following item:

    Joint Management Committee 2005 No 28—Ngati Awa Claims Settlement Act 2005

82 Costs and expenses of committee
  • The Crown must meet, out of public money appropriated by Parliament for the purpose, the reasonable administrative costs and expenses of the joint management committee.

Exercise of powers by Minister

83 Minister may discharge committee or appoint new committees
  • The Minister may, from time to time,—

    • (a) discharge the joint management committee; or

    • (b) discharge the committee and appoint in its place any number of new committees to exercise all or any of the powers and functions delegated to, or conferred on, the committee.

84 Minister must consult committee before exercising powers in relation to certain matters
  • The Minister must consult with the joint management committee before exercising his or her powers to—

    • (a) change the composition of the committee appointed under section 72; or

    • (b) revoke a delegation to the committee under section 74(4); or

    • (c) discharge the committee under section 83(a).

85 Section 9 of Reserves Act 1977 not to apply
  • Section 9 of the Reserves Act 1977 does not apply to the exercise by the Minister of any power, function, discretion, or authority under this subpart.

Right to extract hangi stones from Moutohora (Whale Island) Wildlife Management Reserve

86 Extraction of hangi stones from Moutohora (Whale Island) Wildlife Management Reserve
  • (1) Section 8 of the Crown Minerals Act 1991 does not apply to the extraction of relevant hangi stones from the Moutohora (Whale Island) Wildlife Management Reserve if the conditions in subsection (2) are met.

    (2) The conditions are that the relevant hangi stones—

    • (a) are loose; and

    • (b) are extracted—

      • (i) by hand and without causing disturbance to the ground; and

      • (ii) by a member of Ngati Awa who has been given a permit under section 22(5) of the Reserves Act 1977 by the joint management committee to enter the Moutohora (Whale Island) Wildlife Management Reserve.

    (3) In this section,—

    hangi stones means naturally occurring rounded rocks, typically basalt or andesite volcanic cobbles, with such rocks typically lacking in fracture planes and having dense crystalline texture giving them the capacity to retain heat and being commonly found in deposits of volcanic debris

    relevant hangi stones means hangi stones that are situated above the mean high water springs on Moutohora (Whale Island) Wildlife Management Reserve.

87 Amendment to section 8 of Crown Minerals Act 1991
  • Section 8 of the Crown Minerals Act 1991 is amended by adding the following subsection:

    • (4) This section applies subject to section 86 of the Ngati Awa Claims Settlement Act 2005.

Subpart 6Nohoanga entitlements

88 Interpretation
  • In this subpart, unless the context otherwise requires,—

    entitlement land means a site over which a Nohoanga entitlement is granted

    land holding agent means the Minister of the Crown responsible for the Department of State that manages the entitlement land or the Commissioner of Crown Lands, as the case may be

    Nohoanga entitlement means an entitlement granted to the Ngati Awa governance entity—

    • (a) under this subpart; and

    • (b) over the sites described in Schedule 2, or a site granted as a replacement site under section 106 or section 107; and

    • (c) in the form provided for under section 89(3)

    Nohoanga site means a site—

    • (a) described in Schedule 2; or

    • (b) granted as a replacement site under section 106 or section 107.

89 Grant and renewal of Nohoanga entitlements
  • (1) The Crown must, in accordance with this subpart, grant to the Ngati Awa governance entity a Nohoanga entitlement over each Nohoanga site.

    (2) The grant of a Nohoanga entitlement must be for an initial term of 10 years beginning on the settlement date.

    (3) The grant referred to in subsection (1) must be made in the form set out in Schedule 5.20 of the Ngati Awa deed of settlement, or as varied in accordance with section 91.

    (4) Ngati Awa may renew a Nohoanga entitlement for further terms of 10 years unless the entitlement is terminated under section 106 or section 107.

90 Notification of Nohoanga entitlement
  • (1) The land holding agent must notify the grant of a Nohoanga entitlement in the Gazette.

    (2) The chief executive of Land Information New Zealand must note in his or her records the grant of a Nohoanga entitlement and the notice in the Gazette relating to it.

    (3) Subsections (1) and (2) apply to the renewal of a Nohoanga entitlement as if it were the grant of the Nohoanga entitlement.

91 Terms and conditions of Nohoanga entitlement may be varied
  • (1) The form of a Nohoanga entitlement granted under section 89(3) may be varied by—

    • (a) the addition, at the time of the grant of a Nohoanga entitlement, of terms reasonably required by the Crown to protect and preserve—

      • (i) the land over which the Nohoanga entitlement is granted:

      • (ii) the surrounding land:

      • (iii) associated flora and fauna; or

    • (b) agreement between the land holding agent and the Ngati Awa governance entity.

    (2) Additional terms and terms varied under subsection (1) must be in writing and must not be inconsistent with this subpart.

92 Purpose of Nohoanga entitlements
  • A Nohoanga entitlement is granted to the Ngati Awa governance entity for the purpose of permitting members of Ngati Awa to occupy land, temporarily, exclusively, and on a non-commercial basis,—

    • (a) so as to have access to a waterway for lawful fishing; and

    • (b) for the lawful gathering of other natural resources in the vicinity of the entitlement land.

93 Occupation of Nohoanga entitlements by members of Ngati Awa
  • (1) The Ngati Awa governance entity has the right to permit members of Ngati Awa to occupy entitlement land—

    • (a) for the purpose of the entitlement, as set out in section 92; and

    • (b) to the exclusion of other persons during the period or periods that it exercises the right to occupy the site.

    (2) Subsection (1) applies subject to sections 94 to 99.

94 Period of occupation of Nohoanga entitlements
  • (1) The Ngati Awa governance entity may permit members of Ngati Awa to occupy the entitlement land for any period or periods in a calendar year that do not exceed 210 days in total.

    (2) The Ngati Awa governance entity must not permit members of Ngati Awa to occupy the entitlement land in a calendar year during the period beginning on 1 May and ending at the close of 15 August.

95 Right to erect temporary dwellings
  • (1) The Ngati Awa governance entity may permit members of Ngati Awa, while occupying the entitlement land under a Nohoanga entitlement, to erect camping shelters or similar temporary dwellings on the land.

    (2) The Ngati Awa governance entity must ensure the removal of camping shelters or similar temporary dwellings erected on entitlement land whenever the right to occupy the entitlement land is not being exercised.

96 Condition of land when occupation ceases
  • (1) The Ngati Awa governance entity must, whenever members of Ngati Awa permitted to occupy entitlement land under section 93 cease to occupy the land, leave the site in substantially the same condition as it was in at the beginning of the period when the Ngati Awa governance entity was last entitled to permit members of Ngati Awa to occupy the land.

    (2) The requirement to leave the site in substantially the same condition under subsection (1) includes the obligation to remove rubbish and waste from the entitlement land and any adjacent reserve.

    (3) Subsection (1) does not apply to temporary effects normally associated with occupation of entitlement land under a Nohoanga entitlement.

97 Activities on entitlement land
  • (1) This section applies subject to section 95.

    (2) The Ngati Awa governance entity may, with the consent of the land holding agent, undertake other activities on entitlement land that are reasonably necessary for the Nohoanga entitlement to be used for the purpose set out in section 92.

    (3) When applying for the land holding agent's consent, the Ngati Awa 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—

      • (i) on the entitlement land; and

      • (ii) if the entitlement land is held under the Conservation Act 1987 or an Act listed in Schedule 1 of that Act, on the surrounding land and wildlife; and

    • (b) measures that the Ngati Awa governance entity proposes to take (if the land holding agent's consent is given) to avoid, remedy, or mitigate adverse effects.

    (4) In considering whether to give consent in relation to land held under the Conservation Act 1987 or an Act listed in Schedule 1 of that Act, the land holding agent may require the Ngati Awa governance entity to obtain (at its own expense) an environmental impact report about the proposed activities and an audit of that report.

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

    (6) The land holding agent may give consent subject to any conditions that he or she thinks fit to impose.

    (7) Without limiting subsection (6), in giving consent in relation to land held under the Conservation Act 1987 or an Act listed in the Schedule 1 of that Act, the land holding agent may impose reasonable conditions to avoid, remedy, or mitigate adverse effects of the proposed activities on the entitlement land, surrounding land, or wildlife.

    (8) If the Crown has complied with its obligations under a Nohoanga entitlement, the Crown is not liable to compensate the Ngati Awa governance entity (whether on termination of a Nohoanga entitlement or at another time) for activities under-taken by the Ngati Awa governance entity on the entitlement land.

Obligations relating to Nohoanga entitlements

98 Nohoanga entitlements must not impede public access
  • The grant and exercise of a Nohoanga entitlement must not impede access by members of the public along a waterway.

99 The Crown's functions to continue
  • The grant and exercise of a Nohoanga entitlement does not prevent agents of the Crown or persons exercising statutory powers from undertaking their functions in relation to the entitlement land.

100 Nohoanga entitlement does not restrict the Crown's right to alienate land
  • The grant and exercise of a Nohoanga entitlement does not restrict the Crown's right to alienate any entitlement land, land adjacent to the entitlement land, or land adjacent to an associated waterway.

101 Ngati Awa governance entity may enforce rights against other persons
  • While members of Ngati Awa are occupying entitlement land under a Nohoanga entitlement, the Ngati Awa governance entity may enforce its rights under the Nohoanga entitlement against persons who are not parties to the Ngati Awa deed of settlement as if the Ngati Awa governance entity were the owner of the entitlement land.

102 The Crown's obligation to provide lawful access
  • (1) If an event described in subsection (2) occurs during the term of a Nohoanga entitlement, the Crown must ensure that the Ngati Awa governance entity continues, for the rest of the term, to have the same type of lawful access to the entitlement land as it had before the event occurred.

    (2) The events are—

    • (a) the alienation by the Crown of land adjacent to the entitlement land:

    • (b) a change in the classification or status of land adjacent to the entitlement land.

    (3) The Crown's obligation in subsection (1) is subject to compliance with all applicable provisions in or under any other enactment.

103 Compliance with laws, bylaws, and land and water management practices
  • (1) The Ngati Awa governance entity, members of Ngati Awa permitted to occupy entitlement land under section 93, and activities carried out on the entitlement land by them are subject to the laws, regulations, bylaws, and land and water management practices that apply to the entitlement land.

    (2) The land holding agent, in carrying out land and water management practices that relate to the entitlement land, must—

    • (a) have regard to the existence of a Nohoanga entitlement; and

    • (b) notify the Ngati Awa governance entity of an activity that may adversely affect the governance entity's use of the land; and

    • (c) avoid unreasonable disruption to the Ngati Awa governance entity's use of the land.

    (3) The Ngati Awa governance entity is subject to any requirement to apply for resource consents for activities on the entitlement land.

    (4) Subsection (3) does not limit subsection (1).

    (5) In this section, activities includes activities undertaken under section 97.

104 Rights of Ngati Awa governance entity under Nohoanga entitlement not assignable
  • The rights of the Ngati Awa governance entity under a Nohoanga entitlement are not assignable.

Suspension and termination of Nohoanga entitlement

105 Suspension of Nohoanga entitlement
  • (1) The land holding agent may suspend a Nohoanga entitlement in accordance with this section.

    (2) The land holding agent must not suspend a Nohoanga entitlement unless he or she first—

    • (a) consults the Ngati Awa governance entity; and

    • (b) has particular regard to the views of the Ngati Awa governance entity.

    (3) The land holding agent must not suspend a Nohoanga entitlement unless he or she considers the suspension necessary for the management of the land, having regard to the purposes for which the land is held by the land holding agent.

    (4) If a Nohoanga entitlement is suspended, the Ngati Awa governance entity may, after the end of the suspension, permit members of Ngati Awa to occupy the entitlement land for a period equal to the period of the suspension.

    (5) The occupation of the entitlement land under subsection (4) is not subject to the restriction under section 94(2).

106 Termination of Nohoanga entitlement
  • (1) The Ngati Awa governance entity and the Crown may terminate a Nohoanga entitlement by agreement in writing.

    (2) The Crown may terminate a Nohoanga entitlement by giving written notice to the Ngati Awa governance entity on 1 or more of the following grounds:

    • (a) that the Crown has alienated the entitlement land:

    • (b) that the entitlement land has, by a natural cause, been destroyed or permanently and detrimentally affected:

    • (c) that the entitlement land is on reserve land that is required for the specific purpose for which it was held as a reserve:

    • (d) that the entitlement land was an unformed legal road that is now formed:

    • (e) subject to section 102, that lawful access to the entitlement land has ceased to exist.

    (3) On the termination of a Nohoanga entitlement under this section, the Crown must take all reasonable steps to grant replacement entitlement land to the Ngati Awa governance entity.

    (4) Subsection (3) does not apply in relation to a Nohoanga entitlement if the fee simple estate in the entitlement land is vested in the Ngati Awa governance entity.

    (5) The grant of replacement entitlement land under subsection (3) must be over land that complies with clause 5.6.19(e) of the Ngati Awa deed of settlement.

107 Termination of Nohoanga entitlement for breach of obligations
  • (1) This section applies if the Ngati Awa governance entity defaults in performing any of its obligations under a Nohoanga entitlement.

    (2) If the default is capable of remedy, the Crown may give notice to the Ngati Awa governance entity in writing, specifying the default and the remedy for the default required by the Crown.

    (3) The remedy required by the Crown must be reasonable in the circumstances.

    (4) If, at the end of 41 business days after notice is given by the Crown under subsection (2), the Ngati Awa governance entity has not remedied, or taken appropriate action to remedy, the default as required by the Crown, the Crown may immediately terminate the Nohoanga entitlement by notice in writing to the Ngati Awa governance entity.

    (5) If the default is not capable of remedy, the Crown may immediately terminate the Nohoanga entitlement by notice in writing to the Ngati Awa governance entity.

    (6) The Ngati Awa governance entity may, not earlier than 2 years after the termination of a Nohoanga entitlement under this section, apply to the Minister of Maori Affairs for the grant of a replacement Nohoanga entitlement that complies with clause 5.6.5 of the Ngati Awa deed of settlement.

    (7) On receipt of an application under subsection (6), the Crown may, in its discretion, take reasonable steps to grant a replacement Nohoanga entitlement over land that—

    • (a) complies with clause 5.6.5 of the Ngati Awa deed of settlement; and

    • (b) is identified by similar processes used by the Crown and Ngati Awa to identify Nohoanga sites before entering into the Ngati Awa deed of settlement.

108 Notification of termination of Nohoanga entitlement
  • (1) If a Nohoanga entitlement is terminated under section 106 or section 107, the land holding agent must give notice of the termination in the Gazette.

    (2) The chief executive of Land Information New Zealand must note in his or her records the termination of the Nohoanga entitlement and its notification in the Gazette.

Rights not affected or created

109 Rights of other parties not affected
  • Except as expressly provided in this subpart, the grant and exercise of a Nohoanga entitlement does not affect the lawful rights or interests of a person who is not a party to the Ngati Awa deed of settlement.

110 No creation of rights in entitlement land
  • Except as expressly provided in this subpart, the grant and exercise of a Nohoanga entitlement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the entitlement land.

Application of other enactments

111 Part 3B of Conservation Act 1987 not to apply
112 Local Government (Rating) Act 2002
  • (1) To avoid doubt, section 8(1) and (3) of the Local Government (Rating) Act 2002 applies to land over which a Nohoanga entitlement is granted.

    (2) The Ngati Awa governance entity must reimburse the owner of the entitlement land for rates payable under section 9 of the Local Government (Rating) Act 2002 for the entitlement land in proportion to the period for which the Ngati Awa governance entity is entitled to occupy the Nohoanga site.

113 Section 44 of Reserves Act 1977 not to apply
  • Section 44 of the Reserves Act 1977 does not apply in relation to a Nohoanga entitlement granted over land subject to that Act.

114 Section 11 and Part 10 of Resource Management Act 1991 not to apply

Subpart 7Place names

115 Change of names: general
  • (1) The existing place name in column 1 of Part 1 of Schedule 15 is altered to the corresponding name in column 3 of that part of that Schedule.

    (2) The place name in column 1 of Part 2 of Schedule 15 is assigned to the corresponding location set out in column 2 of that part of that Schedule.

    (3) The changes made under subsections (1) and (2) are to be treated as made—

    • (a) with the approval of the New Zealand Geographic Board; and

116 Change of name of Thornton Lagoon Wildlife Management Reserve
  • Under section 16(10) of the Reserves Act 1977, Thornton Lagoon Wildlife Management Reserve is to be named Okorero—Thornton Lagoon Wildlife Management Reserve.

Subpart 8Coastal tendering

117 Interpretation
  • In this subpart, unless the context otherwise requires,—

    authorisation means an authorisation granted by the Minister of Conservation under section 161 of the Resource Management Act 1991

    coastal marine area has the meaning given by section 2(1) of the Resource Management Act 1991

    Minister means the Minister of Conservation

    specified coastal marine area means that part of the harbour known as Ohiwa Harbour marked A on SO 61441, South Auckland Land District and referred to in Schedule 5.26 of the Ngati Awa deed of settlement.

118 Preferential right to purchase authorisations
  • (1) If the Minister offers authorisations for a part of the specified coastal marine area by public tender under Part 7 of the Resource Management Act 1991, the Ngati Awa governance entity has a preferential right to purchase a proportion of the authorisations that are the subject of that tender.

    (2) The preferential right referred to in subsection (1) must be exercised in accordance with the process set out in Schedule 5.26 of the Ngati Awa deed of settlement.

119 Limit on proportion of authorisations able to be purchased
  • (1) The authorisations that the Ngati Awa governance entity has a preferential right to purchase under section 118 must—

    • (a) not exceed in area 5% of the authorisations granted or proposed to be granted by the Minister in the public tender for the specified coastal marine area; and

    • (b) be of not less than fair average quality in terms of the relevant portion of the specified coastal marine area, relative to the quality of those portions for all other authorisations that are granted in that public tender.

    (2) The limit specified in subsection (1)(a) may be exceeded if the size and shape of the part of the specified coastal marine area for the authorisations to which that tender round relates make it impractical to comply with the limitation.

120 Ngati Awa governance entity treated as having made tender
  • (1) If the Ngati Awa governance entity has a preferential right under section 118 to purchase authorisations, the Ngati Awa governance entity must be treated as having lodged a valid tender for the authorisations, for $1 consideration, in compliance with section 158 of the Resource Management Act 1991.

    (2) The tender of the Ngati Awa governance entity under subsection (1) must be treated as the most preferred tender by the Minister for the relevant authorisations if, in response to an offer made by public tender under Part 7 of the Resource Management Act 1991, the Minister—

    • (a) receives no tenders; or

    • (b) considers that he or she would reject every tender received.

121 Exercise of powers, duties, and functions
  • Except as expressly provided in this subpart, nothing in this subpart affects the powers, duties, and functions of the Minister under Part 7 of the Resource Management Act 1991.

122 Rights not affected
  • Except as expressly provided in this subpart, the provisions of this subpart do not affect the lawful rights or interests of a person who is not a party to the Ngati Awa deed of settlement.

123 Limitation of rights
  • Except as expressly provided in this subpart,—

    • (a) the preferential right provided to the Ngati Awa governance entity under this subpart does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the specified coastal marine area:

    • (b) nothing in this subpart limits or affects the rights of Ngati Awa to acquire authorisations or otherwise exercise a statutory right, power, or privilege under Part 7 of the Resource Management Act 1991 in respect of the specified coastal marine area.

Subpart 9Whakatane Airport land

124 Interpretation
  • In this subpart, unless the context otherwise requires,—

    Minister means the Minister of Conservation

    Whakatane Airport land means the land described by that name in attachment 5.4 of the Ngati Awa deed of settlement.

125 Whakatane Airport land may be vested in Ngati Awa governance entity
  • (1) This section applies if the Minister—

    • (a) considers that all or any part of the Whakatane Airport land is not required for aerodrome purposes; and

    • (b) exercises his or her powers under section 24 of the Reserves Act 1977 to revoke the reservation of the Whakatane Airport land (or part of it) as a reserve by notice in the Gazette.

    (2) For the purposes of subsection (1)(a), the Minister may consider that any part of the Whakatane Airport land is still required for aerodrome purposes even if it is being put to another use if—

    • (a) the use is lawful; and

    • (b) some other part of the land is being used for aerodrome purposes.

    (3) The Minister must not give notice in the Gazette revoking the reservation of the Whakatane Airport land (or part of it) as a reserve until the expiry of 1 month after notice has been given under section 127.

    (4) On revocation of the reserve status under subsection (1)(b), that part of the Whakatane Airport land vests in the Ngati Awa governance entity.

126 Matters relating to vesting under section 125
  • (1) Except as provided in section 125, that section does not—

    • (a) affect the functions and powers of the Minister under the Reserves Act 1977 in relation to the land (or part of it); or

    • (b) affect the functions and powers of the local authority in which the Whakatane Airport land is vested as a reserve for aerodrome purposes under the Reserves Act 1977 and the Airport Authorities Act 1966 in relation to the land (or part of it); or

    • (c) mean or imply that the Minister will revoke the reserve status of the Whakatane Airport land (or part of it); or

    • (d) give any member of Ngati Awa, the Ngati Awa governance entity, or any representative entity any further right of action in respect of the exercise of any functions or powers under the Reserves Act 1977 in relation to the land (or part of it) than would otherwise have been available had section 125(4) not been enacted.

    (2) Despite sections 3A(1), (7), and (7A) of the Airport Authorities Act 1966, neither the Crown nor a local authority may transfer the Whakatane Airport land to an airport company.

127 Notice to interest holders
  • (1) In determining under section 25(2) of the Reserves Act 1977 the restrictions, encumbrances, liens, or interests that should be specified in a Gazette notice that revokes the reservation of the Whakatane Airport land (or part of it) as a reserve, the Minister must inquire into the validity of any existing restriction, encumbrance, lien, or interest.

    (2) The Minister must give notice in writing to the persons listed in subsection (3) of the restrictions, encumbrances, liens, and interests that the Minister intends to specify and those that he or she intends not to specify in the Gazette notice referred to in subsection (1).

    (3) The persons are—

    • (a) the Ngati Awa governance entity; and

    • (b) every person who would be entitled to enforce the restriction, encumbrance, lien, or interest if it were valid.

    (4) If it is impracticable to give notice to every person under subsection (3)(b), that subsection may be complied with by publishing a notice in a daily newspaper circulating in the district of the Whakatane District Council in relation to the matter.

128 No change in classification or purpose
  • Despite sections 24 and 24A of the Reserves Act 1977, neither the Minister nor the local authority in which the Whakatane Airport land is vested as a reserve for aerodrome purposes may change the classification or purpose of the whole or any part of the land.

129 Amendment of computer register
  • (1) This section applies to the extent that land to which the revocation of the reserve status under section 125 applies comprises all the land in a certificate of title or computer freehold register.

    (2) The Registrar-General must, in accordance with a written application by a person authorised by the Director-General,—

    • (a) remove from the certificate or register any restriction, encumbrance, lien, or interest that is not specified in the Gazette notice that revoked the reservation; and

    • (c) remove the notation referred to in section 131; and

    • (d) register the Ngati Awa governance entity as the proprietor of the fee simple estate in the land.

130 Creation of computer register
  • (1) This section applies to the extent that—

    • (a) land to which the revocation of the reserve status under section 125 applies does not comprise all the land in a certificate of title or computer freehold register; or

    • (b) there is no certificate of title or computer freehold register for all or part of the land.

    (2) The Registrar-General must in accordance with a written application by a person authorised by the Director-General, create 1 or more computer freehold registers.

    (3) For the purposes of subsection (2), if a computer freehold register is created—

    • (a) in the name of the Ngati Awa governance entity, the Registrar-General must ensure that the register does not contain—

      • (i) any restriction, encumbrance, lien, or interest that is not specified in the Gazette notice that revoked that reservation; and

      • (iii) the notation referred to in section 131:

    • (b) for the balance of the land, the Registrar-General must ensure that the register contains the same restrictions, encumbrances, liens, interests, or statements to which the land was subject before the Gazette notice was issued (including the notation referred to in section 131).

    (4) Subsection (2) applies subject to completing any survey necessary to create a computer freehold register.

    (5) A computer freehold register must be created under this section as soon as is reasonably practicable after the land is vested in the Ngati Awa governance entity, but no later than—

    • (a) 24 months after the land is vested; or

    • (b) any later date that may be agreed in writing by the Ngati Awa governance entity and the Crown.

131 Titles to be noted
  • The Registrar-General must, as soon as is reasonably practicable after the settlement date, note on each of the computer freehold registers referred to in attachment 5.4 of the Ngati Awa deed of settlement that this subpart applies to the land in the registers.

132 Application of other enactments
  • (1) The vesting in the Ngati Awa governance entity of the fee simple estate in the Whakatane Airport land (or part of it) does not—

    • (b) affect other rights to subsurface minerals.

    (2) The vesting in the Ngati Awa governance entity of the fee simple estate in the Whakatane Airport land (or part of it) is a disposition for the purpose of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

    (3) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

    • (a) the vesting in the Ngati Awa governance entity of the fee simple estate of the Whakatane Airport land (or part of it):

    • (b) a matter incidental to, or required for, the purpose of vesting the fee simple estate of the land (or part of it).

133 Whakatane Airport land may be treated as settlement property
  • If the fee simple estate of the Whakatane Airport land (or part of it) is vested in the Ngati Awa governance entity under section 125(4), the land must be treated as if it were a settlement property for the purposes of Part 6.

Part 5
Commercial redress properties

Subpart 1Transfer of commercial redress properties

134 Transfer of commercial redress properties
  • (1) To give effect to section 8 of the Ngati Awa deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do 1 or more of the following:

    • (a) transfer the fee simple estate in a commercial redress property to the Ngati Awa governance entity:

    • (b) sign a memorandum of transfer or other document, or do any other thing to execute such a transfer or other document.

    (2) In exercising the powers conferred by subsection (1), the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a commercial redress property.

    (3) Subsection (2) applies subject to section 137(2).

135 Minister of Conservation may grant easements
  • (1) The Minister of Conservation may grant any easement over conservation land required by clause 8.4.4 of the Ngati Awa deed of settlement.

    (2) An easement granted under subsection (1)

136 Creation of computer register
  • (1) This section applies to a commercial redress property to the extent that—

    • (a) the property is not all of the land comprised in a certificate of title or computer freehold register; or

    • (b) there is no certificate of title or computer freehold register for all or part of the property.

    (2) The Registrar-General must, on written application by the appropriate person, comply with subsection (3).

    (3) The Registrar-General must, in accordance with the application, create 1 or more computer freehold registers in the name of the Crown subject to, and together with, any encumbrances that are registrable or notifiable and that are described in the written application.

    (4) A computer freehold register created in accordance with subsection (3) must be created in the name of the Crown without any statement of purpose.

    (5) The appropriate person may grant a covenant to arrange for the later creation of 1 or more computer freehold registers for a property that is to be transferred to the Ngati Awa governance entity.

    (6) Despite the Land Transfer Act 1952,—

    • (a) the appropriate person may request the Registrar-General to register a covenant referred to in subsection (5) under the Land Transfer Act 1952 by creating a computer interest register; and

    • (b) the Registrar-General must register the covenant in accordance with paragraph (a).

    (7) In this section, appropriate person means the person who is authorised by the chief executive of the transferor agency (as defined in clause 8.1 of the Ngati Awa deed of settlement).

137 Application of other enactments
  • (1) Nothing in section 11 or Part 10 of the Resource Management Act 1991 applies to—

    • (a) the transfer to, or leaseback from, the Ngati Awa governance entity of a commercial redress property to give effect to section 8 of the Ngati Awa deed of settlement as provided for by section 8 of the deed; or

    • (b) any matter incidental to, or required for the purpose of, that transfer or leaseback.

    (2) The transfer of a commercial redress property does not—

    • (b) affect other rights to subsurface minerals.

    (3) The transfer of a commercial redress property is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

    (4) The land comprised in computer freehold register 113081 is to be treated as no longer—

    • (a) being held as a reserve for a school site; and

    (5) Lots 6 and 7 of DPS 35014, being together the land comprised in computer freehold register SA31B/299, may be disposed of individually and may be held again under separate computer freehold registers despite section 241(2) of the Resource Management Act 1991.

138 Roadways and rights of way
  • The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way required for the purposes of section 8 of the Ngati Awa deed of settlement.

Subpart 2Redress licensed land

139 Interpretation
  • In this subpart,—

    protected site means—

    • (a) each of—

      • (i) Part Section 1 Block III Rotoma Survey District and shown as Otamarakau 3A on ML 22158; and

      • (ii) Part Section 2 and Part Section 30 Block III Rotoma Survey District and shown as Otamarakau 3B on ML 22159; and

      • (iii) Part Section 30 Block III Rotoma Survey District and shown as Otamarakau 3C on ML 22160; and

      • (iv) Part Section 31 Block III Rotoma Survey District and shown as Otamarakau 3D on ML 22161; and

    • (b) any area of land situated within the redress licensed land that—

      • (ii) is wahi tapu or a wahi tapu area within the meaning of that Act

    redress licensed land

    • (a) has the meaning given by clause 8.1 of the Ngati Awa deed of settlement and is shown on SO 61738 South Auckland Land District as—

      • (i) Part Northern Boundary Licensed Land; and

      • (ii) all Rotoehu East Licensed Land; and

      • (iii) Part Rotoehu West Licensed Land; but

    • (b) excludes, subject to the terms of the Crown forestry licences, all trees and improvements that are excluded from the definition of the land in the relevant Crown forestry licences.

140 Redress licensed land ceases to be Crown forest land
  • (1) The redress licensed land ceases to be Crown forest land immediately on registration of the transfer of the fee simple estate in the land to the Ngati Awa governance entity.

    (2) Although the redress licensed land does not cease to be Crown forest land until the fee simple estate in the land is registered in the Ngati Awa governance entity, neither the Crown nor any court or tribunal nor any person may do any thing or omit to do any thing which otherwise would be permitted by the Crown Forest Assets Act 1989 if the action or omission would be inconsistent with section 8 of the Ngati Awa deed of settlement.

141 Ngati Awa governance entity confirmed beneficiary of redress licensed land
  • (1) The Ngati Awa governance entity is, in relation to the redress licensed land,—

    • (a) the confirmed beneficiary under clause 11.1 of the Crown forestry rental trust deed; and

    • (b) the representative referred to in clause 11.5(c) of that deed.

    (2) The Crown must give notice under section 17(4)(b) of the Crown Forest Assets Act 1989 in respect of the redress licensed land as if that section applies to the redress licensed land, even though the Waitangi Tribunal has not made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the redress licensed land.

    (3) Notice given by the Crown under subsection (2) has effect as if the Waitangi Tribunal had made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the redress licensed land and that recommendation had become final on the settlement date.

    (4) In this section, Crown forestry rental trust deed means the trust deed made on 30 April 1990 establishing the Crown forestry rental trust under section 34 of the Crown Forest Assets Act 1989.

142 Effect of Crown forestry licences on redress licensed land
  • (1) The Ngati Awa governance entity is the licensor under any Crown forestry licences in relation to the redress licensed land as if that land had been returned to Maori ownership under section 36 of the Crown Forests Assets Act 1989.

    (2) To the extent that the Crown has not completed the process described in clause 17.4 of the Crown forestry licences in relation to the redress licensed land before the settlement date, it must continue the process after the settlement date until its completion.

    (3) For the period from the settlement date until the completion by the Crown of the process referred to in subsection (2), the licence fee payable under the Crown forestry licence in respect of the redress licensed land is the amount described in clause 8.4.3(a) of the Ngati Awa deed of settlement.

    (4) To avoid doubt, section 36(1)(b) of the Crown Forests Assets Act 1989 does not apply to the redress licensed land.

Right of access over redress licensed land

143 Right of access over redress licensed land
  • (1) The owner of the redress licensed land, or any person holding an interest or occupancy right from the owner, must allow the persons listed in subsection (2) to have access across the redress licensed land to a protected site or Section 32 Block III Rotoma Survey District, as the case may be.

    (2) The persons are—

    • (a) in respect of a protected site:

      • (i) Maori for whom that protected site is of special spiritual, cultural, or historical significance:

      • (ii) the owner of the protected site, and any person authorised by the owner, for purposes consistent with the status of the site:

    • (b) in respect of Section 32 Block III Rotoma Survey District:

      • (i) the owner of the land, and any person authorised by the owner of the land, for purposes consistent with the status of the land:

      • (ii) the persons referred to in the Notice Setting Apart Maori Freehold Land as a Maori Reservation published in the Gazette, on 8 May 1986, at page 1987.

    (3) The right of access may be exercised by vehicle or by foot over any existing reasonably convenient routes specified by the owner and is subject to the following conditions:

    • (a) a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise the right; and

    • (b) the right of access may be exercised only at reasonable times and during daylight hours; and

    • (c) a person exercising the right must observe any reasonable conditions imposed by the owner that—

      • (i) relate to the time, location, or manner of access ; and

      • (ii) are reasonably required for public safety, for the protection of land, improvements, flora and fauna, plant, equipment, and livestock, or for operational reasons.

144 Right of access subject to Crown forestry licence
  • (1) The right of access conferred by section 143 is subject to the terms of any Crown forestry licence in relation to the land, except where the licensee has agreed to an exercise of the right.

    (2) An amendment to a Crown forestry licence, or the grant of a new licence, is of no effect to the extent that it purports to—

    • (a) delay the date from which a person who has a right of access under section 143 may exercise that right; or

    • (b) otherwise adversely affect the right conferred by section 143.

145 Right of access must be noted on title
  • A memorandum of transfer referred to in section 134 in relation to the redress licensed land must include an application to the Registrar-General to note on the computer freehold registers specified in the memorandum of transfer that the land is subject to the right of access conferred by section 143.

Subpart 3Right of access over Ngati Awa land

146 Interpretation
  • In this subpart, unless the context otherwise requires,—

    Kaingaroa Forest land means the land which is subject to the Crown forestry licences described in attachment 8.3 of the Ngati Awa deed of settlement

    Ngati Awa land means that part of the Kaingaroa Forest land, being the redress licensed land described as Part Northern Boundary Licensed Land in attachment 8.2 of the Ngati Awa deed of settlement

    owner of Kaingaroa Forest land means—

    • (a) the Crown, while it holds land in the Kaingaroa Forest land; and

    • (b) each registered proprietor of land in the Kaingaroa Forest land.

147 Right of access over Ngati Awa land
  • (1) Despite any rule of law or equity to the contrary, the right of access created under clause 8.4.7 of the Ngati Awa deed of settlement runs with and binds all subsequent owners of the Ngati Awa land.

    (2) The right of access referred to in subsection (1) does not of itself create a registrable interest in the Ngati Awa land, but the operation of this section does not affect the registrability of any document entered into as a result of the exercise of that right.

148 Requirements relating to right of access if Ngati Awa land transferred
  • (1) If the Ngati Awa governance entity seeks to transfer its interest in the fee simple estate of the Ngati Awa land to another person, it must—

    • (a) include in the transfer document a written statement regarding the operation of section 147(1) in respect of the transfer; and

    • (b) notify the Registrar-General of his or her obligations under this section relating to the transfer.

    (2) The Registrar-General must, on receiving notification under subsection (1)(b), note on the computer freehold registers for the transferred land a statement that the land is subject to the right of access referred to in section 147(1).

    (3) However, if all the owners of the Kaingaroa Forest land agree in writing that a notation under subsection (2) is not required,—

    • (a) the Ngati Awa governance entity may include a written statement certified by a solicitor of the High Court to that effect with the transfer document relating to the transfer; and

    • (b) the Registrar-General may rely on that statement as conclusive proof that all of the owners of the Kaingaroa Forest land agree that the notation is not required and register the transfer without making the notation.

149 Removal of notation from computer freehold register
  • (1) The registered proprietor of the Ngati Awa land may apply in writing to the Registrar-General to have a notation made under section 148(2) removed from the computer freehold registers specified in the application.

    (2) An application under subsection (1)

    • (a) may be made only if all of the owners of the Kaingaroa Forest land agree in writing that the notation is no longer required; and

    • (b) the application is certified to that effect by a solicitor of the High Court.

    (3) On receipt of the application referred to in subsection (1), the Registrar-General must remove the notation from the computer freehold registers concerned.

    (4) The Registrar-General is entitled to rely on the certified application referred to in subsection (2)(b) as conclusive proof that all of the owners of the Kaingaroa Forest land agree that the notation is no longer required.

150 Application of section 147
  • Section 147 ceases to apply if the Registrar-General—

    • (a) registers a transfer from the Ngati Awa governance entity to another person and does not make a notation; or

    • (b) removes a notation from the register in accordance with section 149(3).

151 Effect of right of access on Crown forestry licences
  • (1) The right of access referred to in section 147(1) has no effect on the rights of a licensee under a Crown forestry licence granted in relation to the Ngati Awa land before or after the commencement of this Act.

    (2) An amendment to a Crown forestry licence in relation to the Ngati Awa land or the grant of a new Crown forestry licence in relation to the land has no effect to the extent that it purports to adversely affect the right of access referred to in section 147(1).

Subpart 4Ohope Beach Holiday Park land

152 Ohope Beach Holiday Park land
  • (1) Site A ceases to be a conservation area under the Conservation Act 1987.

    (2) The reservation of Site B as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked.

    (3) The fee simple estate in the Ohope Beach Holiday Park land vests in the Ngati Awa governance entity.

    (4) The vesting of the land under subsection (3) is subject to the existing leases.

    (5) When the reserve status of Site B is revoked under subsection (2), the site vests in the Crown as Crown land before it vests in the Ngati Awa governance entity and is subject to section 82 of the Reserves Act 1977.

    (6) Sections 38 and 39 apply to the Ohope Beach Holiday Park land as if it were a cultural redress property.

    (7) In this section and section 153,—

    existing leases means the leases described in attachment 8.4 of the Ngati Awa deed of settlement as amended by the memorandum of variation described in that attachment

    Ohope Beach Holiday Park land means Site A and Site B

    Site A means 3.1565 hectares, more or less, being Allotment 548 Waimana Parish, All Gazette Notice B.095864, South Auckland Land District

    Site B means 3.3922 hectares, more or less, being Section 1 SO 331004, Part Gazette 1977, page 3261, South Auckland Land District.

153 Modifications to Conservation Act 1987 in respect of Site A

Part 6
Awanuiarangi II title

154 Interpretation
  • In this Part, unless the context otherwise requires,—

    protected land means land in respect of which a direction has been made under section 157(1)

    settlement property

    • (a) means each cultural redress property, each commercial redress property, and the Ohope Beach Holiday Park land; and

    • (b) includes the Whakatane Airport land if vested in the Ngati Awa governance entity under section 125(4).

155 Registration of land in name of Awanuiarangi II
  • (1) Despite anything in the Transfer Act 1952 or any other enactment or rule of law, the Ngati Awa governance entity may direct the Registrar-General in writing that the fee simple estate of any land that is registrable or registered under that Act in the name of the Ngati Awa governance entity—

    • (a) be registered in the name of Awanuiarangi II, rather than in the name of the Ngati Awa governance entity; or

    • (b) be no longer registered in the name of Awanuiarangi II and instead be registered in the name of the Ngati Awa governance entity.

    (2) The Registrar-General must give effect to a direction received—

    • (a) under subsection (1)(a), by—

      • (i) registering the title to the land in the name of Awanuiarangi II; and

      • (ii) entering a notation on the title to the land that the land is subject to this Part:

    • (b) under subsection (1)(b), by—

      • (i) registering the title to the land in the name of the Ngati Awa governance entity; and

      • (ii) cancelling the notation entered under paragraph (a)(ii); and

      • (iii) cancelling the notation entered under section 157(3)(a).

156 Rights, powers, and duties of Ngati Awa governance entity if land registered in name of Awanuiarangi II
  • If the fee simple estate of any land is registered in the name of Awanuiarangi II under section 155,—

    • (a) the Ngati Awa governance entity—

      • (i) has all the rights, duties, and powers of the registered proprietor of the land (except that the land must continue to be registered in that name unless a direction is given under section 155(1)(b)); and

      • (ii) must exercise and perform the rights, duties, and powers in its own name and not in the name of Awanuiarangi II; and

    • (b) the Registrar-General must have regard to paragraph (a).

Protected land

157 Direction that land be noted as protected land
  • (1) A direction made by the Ngati Awa governance entity under section 155(1)(a) in relation to land that is a settlement property may include a direction that the land is protected land for the purposes of this Part.

    (2) The Ngati Awa governance entity may direct the Registrar-General in writing that any settlement property that is protected land no longer be protected land.

    (3) The Registrar-General must give effect to the direction—

    • (a) under subsection (1), by entering on the title to the settlement property a notation that the property is protected land:

    • (b) under subsection (2), by cancelling the notation on the title to the settlement property that the property is protected land.

Evidence of proper direction

158 Evidence of proper direction
  • In the absence of evidence to the contrary, it is sufficient evidence that the direction in writing has been properly given to the Registrar-General under section 155 or section 156 if the direction—

    • (a) is executed or purports to be executed by the Ngati Awa governance entity; and

    • (b) relates to any land that is registrable or registered in the name of the governance entity; and

    • (c) in the case of a direction given under section 157(2), relates to a settlement property.

Application of other enactments to protected land

159 Application of other enactments to protected land

Amendment to Crown Minerals Act 1991

160 Amendment to section 51 of Crown Minerals Act 1991
  • Section 51 of the Crown Minerals Act 1991 is amended by adding the following subsections:

    • (5) No person may, for the purpose of carrying out a minimum impact activity, enter on any land without the consent of the Ngati Awa governance entity (as defined in section 12 of the Ngati Awa Claims Settlement Act 2005), if the land is—

      • (a) registered in the name of Awanuiarangi II as protected land under section 157 of that Act; and

      • (b) regarded as wahi tapu by the Ngati Awa governance entity.

    • (6) Subsection (1)(b) applies in relation to land registered in the name of Awanuiarangi II as protected land under section 157 of the Ngati Awa Claims Settlement Act 2005 as if—

      • (a) the land were Maori land; and

      • (b) the Ngdti Awa governance entity were the local iwi authority of the land.

Part 7
Ancillary claims settlement

Subpart 1Interpretation

161 Interpretation
  • In this Part, unless the context otherwise requires,—

    ancillary claims means the Pukaahu historical claims, the Rangitaiki 60C historical claims, and the Waiohau historical claims

    ancillary deeds of settlement means the Pukaahu deed of settlement, the Rangitaiki 60C deed of settlement, and the Waiohau deed of settlement

    Pukaahu means the land described by that name in Schedule 16

    Pukaahu deed of settlement

    • (a) means the deed of settlement dated 15 September 2004 signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Enid Leighton and Parehuia Aratema for the Pukaahu claimants; and

    • (b) includes—

      • (i) the schedule to the deed; and

      • (ii) any amendments to the deed

    Pukaahu governance entity means the whdnau trust referred to in clause 2.1.1 of the Pukaahu deed of settlement

    Rangitaiki 60C deed of settlement

    • (a) means the deed of settlement dated 15 September 2004 signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Isabella Westbury and Dick Hunia for the Rangitaiki 60C claimants; and

    • (b) includes—

      • (i) any schedule to the deed; and

      • (ii) any amendments to the deed

    Rangitaiki 60C governance entity means the Rangitaiki Whenua Valley Trust established by declaration of trust in accordance with clause 2.1.1 of the Rangitaiki 60C deed of settlement

    Rangitaiki 60C settlement land means the land described by that name in Schedule 16

    Waiohau deed of settlement

    • (a) means the deed of settlement dated 15 September 2004 initialled by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, for the Crown, and by Tukorehu Waaka for the Waiohau claimants; and

    • (b) includes—

      • (i) the schedule to the deed; and

      • (ii) any amendments to the deed

    Waiohau governance entity means the trust established by deed of trust in accordance with clause 2.1.1 of the Waiohau deed of settlement

    Waiohau settlement land means the land described by that name in Schedule 16.

162 Meaning of Pukaahu, Rangitaiki 60C, and Waiohau historical claims
  • (1) In this Part, unless the context otherwise requires,—

    Pukaahu historical claims

    • (a) means claims—

      • (i) by the Pukaahu claimants (or a Pukaahu representative entity) whether made on, before or after the settlement date; and

      • (ii) that relate to acts or omissions of the Crown before 21 September 1992 in relation to the taking and subsequent administration of Rangitaiki 12 and any parcel of land derived from Rangitaiki 12 since 20 January 1879; and

    • (b) includes the Wai 79 (Awakeri Springs) claim received by the Waitangi Tribunal on 19 February 1988

    Rangitaiki 60C historical claims

    • (a) means claims—

      • (i) by Rangitaiki 60C claimants (or a Rangitaiki 60C representative entity) whether made on, before, or after the settlement date; and

      • (ii) that relate to acts or omissions of the Crown before 21 September 1992 in relation to the taking under the Public Works Act 1928, and subsequent administration, of Rangitaiki 60C; and

    • (b) includes the Wai 248 (Omataroa Rangitaiki) claim received by the Waitangi Tribunal on 23 February 1988

    Waiohau historical claims

    • (a) means claims—

      • (i) by the Waiohau claimants (or a Waiohau representative entity) whether made on, before, or after the settlement date; and

      • (ii) that relate to acts or omissions of the Crown before 21 September 1992 in relation to the taking under the Public Works Act 1928, and subsequent administration, of Waiohau; and

    • (b) includes the Wai 247 (Waiohau) claim received by the Waitangi Tribunal on 11 November 1991.

    (2) In this section,—

    Rangitaiki 12 means the land with the legal description of Lot 12 Parish of Rangitaiki

    Rangitaiki 60C means the land with the legal description of Allotment 60C Rangitaiki Parish

    representative entity,—

    • (a) in relation to the Pukaahu historical claims,—

      • (i) means the Pukaahu governance entity; and

      • (ii) includes any person acting (including any trust or trustees) for, or on behalf of, any of the persons referred to in paragraph (a) of the definition of Pukaahu claimants in section 163(1); and

    • (b) in relation to the Rangitaiki 60C historical claims,—

      • (i) means the Rangitaiki 60C governance entity; and

      • (ii) includes any person acting (including any trust or trustees) for, or on behalf of, any of the persons referred in paragraph (a) of the definition of Rangitaiki 60C claimants in section 163(1)

    • (c) in relation to the Waiohau historical claims,—

      • (i) means the Waiohau governance entity; and

      • (ii) includes any person acting (including any trust or trustees) for, or on behalf of, any of the persons referred in paragraph (a) of the definition of Waiohau claimants in section 163(1)

    Waiohau means the land with the legal description of South Auckland Land District, Whakatane District, being 18.9443 hectares, more or less, and that part of Section 1 SO 41434 that was formerly Part Waiohau 1A1D1 and Part Waiohau 1A1D2.

163 Meaning of Pukaahu claimants, Rangitaiki 60C claimants, and Waiohau claimants
  • (1) In this Part, unless the context otherwise requires,—

    Pukaahu claimants

    • (a) means—

      • (i) the descendants of Wiremu Te Whatapapa or Roha Petera; and

      • (ii) the collective group composed of the individuals referred to in subparagraph (i); and

    • (b) includes any whanau, hapu, or group to the extent that the whanau, hapu, or group includes persons referred to in paragraph (a)(i)

    Rangitaiki 60C claimants

    • (a) means—

      • (i) the owners of any part of Rangitaiki 60C between 14 June 1960 and 9 August 1986; and, to avoid doubt, includes any individual who purchased or otherwise acquired, or sold or otherwise disposed of, an ownership interest in Rangitaiki 60C during that period; and

      • (ii) the descendants of the individuals referred to in subparagraph (i); and

      • (iii) the collective group composed of the individuals referred to in subparagraphs (i) and (ii); and

    • (b) includes any whanau, hapu, or group to the extent that the whanau, hapu, or group includes persons referred to in paragraph (a)(i) or (ii)

    Waiohau claimants

    • (a) means—

      • (i) the descendants of—

        • (A) Araera Waaka:

        • (B) Ani Hiki:

        • (C) Heni Hiki:

        • (D) Huka Hiki:

        • (E) Rua Hiki:

        • (F) Wharetakahia Hiki:

        • (G) Merania Waaka:

        • (H) Paora Waaka:

        • (I) Te Kari Waaka:

        • (J) Whakaki Waaka; and

      • (ii) the collective group composed of the individuals referred to in subparagraph (i); and

    • (b) includes any whanau, hapu, or group to the extent that the whanau, hapu, or group includes persons referred to in paragraph (a)(i).

    (2) For the purposes of the definitions of Pukaahu claimants, Rangitaiki 60C claimants, and Waiohau claimants, a person is descended from another person if the person is descended from the other person by—

    • (a) birth; or

    • (b) legal adoption; or

    • (c) Maori customary adoption in accordance with the customs of the respective claimants.

Subpart 2Vesting of ancillary claims settlement land

164 Vesting of Pukaahu
  • (1) The vesting of Pukaahu in the Whakatane District Council is cancelled.

    (2) The reservation of Pukaahu as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked.

    (3) On the revocation of its reserve status under subsection (2), Pukaahu vests in the Crown as Crown land and becomes subject to section 82 of the Reserves Act 1977.

    (4) Immediately following the vesting under subsection (3)

    • (a) the fee simple estate in Pukaahu vests in the Pukaahu governance entity subject to the registered lease H170889 to Awakeri Hot Springs (2002) Limited held in computer interest register SA23B/721; and

    • (b) the Pukaahu governance entity must be treated as having been constituted in respect of Pukaahu under section 214(1) of Te Ture Whenua Maori Act 1993 in addition to any other land in respect of which the Pukaahu governance entity was constituted; and

    • (d) any reference in the lease referred to in paragraph (a) to the Minister or Council must be read as a reference to the lessor under the lease.

    (5) Despite subsection (4)(b) and (c), the lease referred to in subsection (4)(a) continues to be enforceable in accordance with its terms.

165 Vesting of Rangitaiki 60C settlement land
  • The fee simple estate in the Rangitaiki 60C settlement land vests in the Rangitaiki 60C governance entity subject to the drainage easement and the natural gas pipeline easements specified in Schedule 16 and on the terms and conditions set out in Schedules 2 and 3 of the Rangitaiki 60C deed of settlement.

166 Vesting of Waiohau settlement land
  • The fee simple estate in the Waiohau settlement land vests in the Waiohau governance entity.

167 Registration of ownership: Pukaahu
  • The Registrar-General must, on written application by any person authorised by the Director-General,—

    • (a) register the Pukaahu governance entity as the proprietor of the fee simple estate in Pukaahu as if—

      • (i) the Pukaahu governance entity has given a direction, in compliance with sections 220A(2)(a) and 220A(4) of Te Ture Whenua Maori Act 1993, that Pukaahu be registered in the name of the Pukaahu governance entity as the trust applying to that land; and

      • (ii) the Registrar-General has received, in compliance with section 220A(3) of Te Ture Whenua Maori Act 1993,—

        • (A) a copy of the direction under subparagraph (i) from the Registrar of the Maori Land Court; and

        • (B) a certificate of the Registrar of the Maori Land Court confirming the direction under subparagraph (i); and

    • (b) register Pukaahu as Maori freehold land under Te Ture Whenua Maori Act 1993 in accordance with sections 123 and 140 of that Act as if—

      • (i) Pukaahu is general land under Te Ture Whenua Maori Act 1993, and the Maori Land Court has made a status order declaring that Pukaahu ceases to be general land and must be treated as Maori freehold land in accordance with section 133(1) and (3) of that Act; and

      • (ii) the Registrar-General has received the status order referred to in subparagraph (i) from the Registrar of the Maori Land Court in accordance with section 123(2) of Te Ture Whenua Maori Act 1993; and

    • (c) make any entries in the register, and generally do all things, that may be necessary to give effect to this Part.

168 Registration of ownership: Rangitaiki 60C settlement land and Waiohau settlement land
  • (1) The Registrar-General must, on written application by any person authorised by the chief executive of Land Information New Zealand, in accordance with that application,—

    • (a) create 1 or more computer freehold registers in the name of the trustees of the Rangitaiki 60C governance entity for the fee simple estate in land that forms all or part of the Rangitaiki 60C settlement land, subject to the drainage easement and the natural gas pipeline easements specified in Schedule 16 in relation to the Rangitaiki 60C settlement land:

    • (b) create a computer freehold register in the name of the trustees of the Waiohau governance entity for the fee simple estate in the Waiohau settlement land.

    (2) Subsection (1) applies subject to completing the survey (if any) that may be necessary to create a computer freehold register.

    (3) A computer freehold register for the Rangitaiki 60C settlement land and the Waiohau settlement land must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—

    • (a) 24 months after the vesting of the land under section 165 or section 166; or

    • (b) any later date that may be agreed in writing between the body in which the land is vested under section 165 or section 166 and the Crown.

169 Application of other enactments
  • (1) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation under section 164(2) of the reserve status of Pukaahu.

    (2) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

    • (a) the vesting of the fee simple estate in land under any of sections 164, 165, or 166; or

    • (b) a matter incidental to, or required for the purposes of, the vesting of the fee simple estate in land under any of sections 164, 165, or 166.

    (3) The vesting of the fee simple estate in land under any of sections 164, 165, or 166 does not—

    • (b) affect any other rights to subsurface minerals.

    (4) The vesting of the fee simple estate in land under any of sections 164(4)(a), 165, or 166 is a disposition for the purpose of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

Termination of Pukaahu governance entity

170 Termination of Pukaahu governance entity

Schedule 1
Cultural redress properties

ss 12, 27 to 34

PropertyLand descriptionEncumbrances
KaputerangiSouth Auckland Land District—Whakatane District 4.9321 hectares, more or less, being Allotment 538 Waimana Parish. All Gazette Notice S.441997Subject to Kohi Point Walkway, a walkway under the New Zealand Walkways Act 1990 referred to in section 28
Te Paripari PaSouth Auckland Land District— Whakatane District 1.0451 hectares, more or less, being Lot 2 DP 23964. All Gazette Notice 5.547411 
Otitapu PaSouth Auckland Land District— Whakatane District 6.7839 hectares, more or less, being Section 1 SO 329118. Part Gazette Notice S.264764Subject to the protected private land agreement referred to in section 31(2)
Te ToangapotoSouth Auckland Land District— Whakatane District 10.0000 hectares, more or less, being Section 1 SO 331003. Part Gazette Notice H.024770 
Te IhukatiaSouth Auckland Land District— Whakatane District 10.0000 hectares, more or less, being Section 1 SO 331006. Part Gazette Notice H.045762 and Part Gazette Notice H.163890 
WhakapaukoreroSouth Auckland Land District— Whakatane District 33.0500 hectares, more or less, being Section 3 SO 329119. Part Gazette Notice H.011708, Part Gazette Notice S.554446 and Part Computer Freehold Register SA10A/600 
Former Matahina A4 BlockSouth Auckland Land District— Whakatane District 4045 square metres, more or less, being Section 2 SO 60978. All Computer Freehold Register SA65B/912 (stratum title)Subject to a right to operate for Water Power Development Purposes. Created by Transfer B.499075.10
 The land in this Computer Freehold Register applies to the surface and airspace above the reduced level of 79.48 metres (Moturiki EDS datum) 

Schedule 2
Nohoanga sites

ss 12, 89

WaterwayNohoanga siteDescriptionSpecial requirements
Tarawera RiverTe Awa a Te AtuaSouth Auckland Land District— Whakatane DistrictNo dogs No open fires
  1 hectare as shown marked A on SO 331022 
Part Ohiwa HarbourPort Ohope Recreation ReserveSouth Auckland Land District— Whakatane DistrictNo open fires
  1 hectare as shown marked A on SO 331006 
Whakatane RiverOhineteraraku Scenic ReserveSouth Auckland Land District— Whakatane DistrictNo open fires
  1 hectare as shown marked A on SO 331010 
Rangitaiki RiverThornton Lagoon Wildlife Management ReserveSouth Auckland Land District— Whakatane DistrictNo dogs No open fires
  1.0760 hectares as shown marked A on SO 331021 

Schedule 3
Statutory acknowledgements

ss 40, 48

1
Statutory areas for which statutory acknowledgement only provided

South Auckland Land District
AreaLocation
Kohi PointAs shown on SO 61401
Mokorua Scenic ReserveAs shown on SO 310381
Ohope Scenic ReserveAs shown on SO 61696
Moutohora (Whale Island) Wildlife Management ReserveAs shown on SO 61405
Part Ohiwa HarbourAs shown on SO 61441
Te Kaokaoroa Historic ReserveAs shown on SO 61402
Former Matahina A5 BlockAs shown on SO 61685

2
Statutory areas for which both statutory acknowledgement and deed of recognition provided

South Auckland Land District
AreaLocation
Uretara IslandAs shown on SO 61690
Whakatane RiverAs shown on SO 61404
Rangitaiki RiverAs shown on SO 61406
Tarawera RiverAs shown on SO 61403

Schedule 4
Statutory acknowledgement for Koohi Point (Kohi Point)

s 40

Statutory area

The area to which this statutory acknowledgement applies (statutory area) is the area known as Koohi Point, as shown on SO 61401, South Auckland Land District.

Preamble

Under section 40, the Crown acknowledges Ngati Awa' s statement of its cultural, spiritual, historical, and traditional association to Koohi Point as set out below.

Cultural, spiritual, historical, and traditional association of Ngati Awa with statutory area

It is the historical traditions of Ngati Awa that illustrate the relationship of Ngati Awa to Koohi Point Scenic Reserve. For Ngati Awa, traditions such as these represent the links between the world of the gods and present generations. These histories reinforce tribal identity, solidarity, and continuity between generations and document the events which shaped the environment of Koohi Point and Ngati Awa as an iwi.

Ngati Awa has resided at Koohi Point since the time of the ancestor Tiwakawaka, many generations before the arrival of the Mataatua waka at Whakatane. Tiwakawaka was the first explorer to discover and settle the land around Kakahoroa (Whakatane). His waka was Te Aratauwhaiti and his descendants were the original people of Kakahoroa. Some of the crew of Te Aratauwhaiti are commemorated in the names of the rocks at Koohi Point.

Twelve generations from Tiwakawaka came the ancestor Toi to Huatahi. Toi resided at Kaputerangi Pa which is located above the Koohi Point Scenic Reserve. On the arrival of Hoaki and Taukata to the area in search of their sister, Kanioro, they were treated to a feast consisting of fern root, berries, and other forest foods. Upon tasting these foods they took an instant dislike to them, remarking that it was just like eating wood. It was from this event that Toi became known as Toi-kai-rakau (Toi the vegetarian). Hoaki and Taukata asked for a bowl of water in which they added dried preserved kumara or kao and asked their hosts to taste it. Having tasted this delicious kai they desired to have more of it. A canoe was built from driftwood log (tawhaowhao) and named accordingly Te Ara Tawhao. Tama ki Hikurangi was chosen to captain the canoe to go in search of the source of the kumara. These events occurred near Te Haehaenga, the beach immediately below Koohi near the Whakatane River.

A significant event in the history of Ngati Awa was the arrival of the waka Mataatua, captained by Toroa, the chief of Mataatua and one of the principal ancestors of Ngati Awa. Mataatua faced rough waters as it approached the headland at Whakatane (Koohi Point). The turbulence was so bad that it caused the daughter of Toroa, Wairaka, to suffer the indignity of experiencing sea sickness. The teiirt by which Ngati Awa tipuna later called this experience was ko-hi (to be ill). Hence the name by which the rocks, the point, and adjacent land is known today.

The name Koohi is well known in the traditions of Ngati Awa and appears in several waiata and in the following well known proverb:

Nga mate i Koohi me tangi mai i Kawerau, nga mate o Kawerau me tangi atu i Koohi.

The deaths at Koohi will be wept over at Kawerau and the deaths at Kawerau will be wept over at Koohi.

Ngati Awa have traditionally regarded the Koohi Point Rocks as toka tipua (rocks imbued with spiritual and sacred qualities) and the places as papanga tawhito (ancient sites of traditional significance). Ngati Awa tipuna used the naming of the rocks at Koohi to record significant events and rangatira throughout their history. The Koohi Point Rocks have been personalised with the names of some of those involved in the Mataatua canoe's lengthy ocean passage. The Koohi Point Rocks are made up of a number of different rocks, some of which are referred to here to signify the importance of the Koohi Point Scenic Reserve and contiguous coastal area to Ngati Awa. All the Koohi Point Rocks, aside from Hine-tu-aho-anga, Hi-moki, and Toka-tapu, are owned by Ngati Awa.

Hi-moki is in the mouth of the Whakatane River and was regarded as a very significant fishing spot. The next Koohi Point Rock is Hinetu-aho-anga, named after a woman who was a leader of the sand-stone people back in the ancient lands of Hawaiki. This rock was used for sharpening tools in ancient times.

To the west of Koohi Pa is Te Puke a Hawaiki, also known as Hingarae or Sugar Loaf Rock. This rock was named after an accident where a rangatira slipped and hit his forehead. Next to Hingarae are Te Toka Koakaroa, commonly referred to as Koakaroa, which is the traditional name of the entrance to the Whakatane River, and Areiawa. The latter is submerged in the channel of the 2 former rocks and is historically known as the guardian rock of the Whakatane River. Sited amongst these rocks is Toka Kuku-poniania, commonly referred to as Niania Rock. Niania is a species of mussel commonly found in the area.

Kopua Huruhuru is an area of water north-east of Te Puke a Hawaiki and encompasses the shoreline and bed of rocks north of it. This area was well known as a harvesting place for seafood. Below the very point of this headland are Koohi Point and Rukupo rocks. The latter rock is significant in Ngati Awa mythology in that it was here that the famous tohunga Te Tahinga o te Rangi rested when he returned from Whakari (White Island).

On the eastern coastline of Koohi Point Scenic Reserve is Te Toka o te Rua o te Ika (Fish Hole), a bay renowned by Ngati Awa for the varieties of fish that dwell there. In the middle of this bay is a rock island of the same name. Located off its eastern point is a submerged rock called Whakari of the same name as the island volcano. Whakari and the adjourning bay, Pipiko, are popular nesting areas for the grey-faced petrel commonly known as muttonbird or tiff. The area was also a popular spot from which Ngati Awa people collected kaimoana including koura, paua, and kina. Paparoa and Otarawairere are also areas on the eastern side of Koohi Point Scenic Reserve that were well known as recreational sites for the collection of seafood.

The particular Ngati Awa hapu who lived on and around the lands of the Koohi Point Scenic Reserve were Te Patutatahi or Ngai Taiwhakaea II, Ngati Hokopu, and Ngati Pukeko (which was previously referred to as Ngai Tonu). Patutahora and Ngati Rangataua were divisions of Ngati Pukeko. Ngati Wharepaia, a division of Ngati Hokopu, and Te Patuwai also have historical and cultural connections to Koohi Point by virtue of their descent from the Ngati Awa ancestors, Taiwhakaea I, Te Rangitipukiwaho I, Taiwhakaea II, Nukutaimehameha, Paiaka, Te Hemahema, Te Putarera, and Te Hamaiwaho. Other hapu of the area included Ngati Ikapuku, Ngati Maumoana, Ngati Hore, Ngati Paeko, Ngati Whakapoi, and Ngati Whakahinga.

Ngati Awa people occupied a number of pa sites at Koohi Point. Aside from Kaputerangi, the famous pa of Toi, there was a neighbouring pa site called Orahiri. Orahiri derived its name from Rahiri, the son of Puhi-moana-ariki, the brother of Toroa. Although there were other pa sites on Koohi Point during the time of Puhi and Toroa, Orahiri was the only settlement with a chief, namely Puhi. Toroa himself lived on the flat lands below Koohi Point.

There was an instance during the kumara planting season when Puhi, who lived at Koohi Point, being jealous of his older brother Toroa for holding the mana of Mataatua as bestowed upon him by his father Irakewa, set out to insult his tuakana (older brother). After hearing the insult directed at him by his younger brother, Toroa reciprocated. Bitter resentment arose between the 2 brothers, with Puhi deciding to take the Mataatua waka and seek a new home in the North.

Papa-Whariki was another area of occupation by Ngati Awa at Koohi Point. Papa-Whariki overlooked Te Ana o Muriwai (Muriwai's Cave). There were three sites at Papa-Whariki. Below this site, directly opposite Te Ana o Muriwai at the water front, once stood Irakewa Island. Irakewa was the father of Toroa. The island held a spiritual significance for Ngati Awa as descendants of this ancestor.

Another pa at Koohi Point was Taumata Kahawai. The name of this pa signifies a lookout place for Kahawai. Taumata Kahawai was occupied by the chief Taiwhakaea I, founder of the hapu of Te Patutatahi or Ngai Taiwhakaea and of Ngati Ikapuku. These hapu were responsible for observing the ocean and surrounding shores for possible invasion and shoals of fish.

Other pa sites within the Koohi Point Scenic Reserve include Te Rae o te Tamure, Koohi, and Te Whakatere. Te Rae o te Tamure Pa is situated on the ridge between Ohope West and Otarawairere beach at Koohi Point. It runs north from the vicinity of Otarawairere down to the cliffs at the seaside edge of the ridge. Situated at the bottom of the cliff is a very important fishing rock called Whanga-panui where snapper would gather in abundance (hence the name The Gathering Place of Snapper).

There were other pa sites at Koohi Point, adjacent to the modern day Koohi Point Scenic Reserve. Papaka was located directly above Pohaturoa Rock at Koohi Point. Opposite and south of Papaka is another well known pa site, Puketapu. To the east of Papaka and towards Te Wairere Falls were Koohinepipi and Tamatea-Iwi. Below these pa to the north-east was Kuharoa. Further Ngati Awa pa at Koohi Point were Hauwai, Kuharua, Kaeaea, Pahau, Tikotikorere, and Tirotiro Whetu. These were all settlements named and occupied by Ngati Awa. The people of these pa also utitilised the abundant resources of the Koohi Point Scenic Reserve.

The various pa and other sites within and in the vicinity of Koohi Point Scenic Reserve demonstrate the general and special significance of the statutory area to Ngati Awa. They show how the region has been occupied by Ngati Awa hapu since the time of the Mataatua waka and before.

The Ngati Awa tipuna had considerable knowledge of whakapapa, traditional trails and tauranga waka, places for gathering kai and other taonga, ways in which to use the resources of the Koohi Point area, the relationship of people with the area and their dependence on it, and tikanga for the proper and sustainable utilisation of resources. All of these values remain important to the people of Ngati Awa today. —

Koohi Point Scenic Reserve is the repository of many koiwi tangata, secreted away in places throughout the Reserve. Urupa are the resting places of Ngati Awa tipuna and, as such, are the focus of whanau traditions. Urupa and wahi tapu are places holding the memories, traditions, victories, and defeats of Ngati Awa tipuna, and are frequently protected in secret locations.

The mauri of the coastal area represents the essence that binds the physical and spiritual elements of all things together, generating and upholding all life. All elements of the natural environment possess a life force and all forms of life are related. Mauri is a critical element of the spiritual relationship of Ngati Awa whanui to Koohi Point Scenic Reserve.

Purposes of statutory acknowledgement

Under section 41, and without limiting the rest of this schedule, the purposes of this statutory acknowledgement are—

  • (a) to require that relevant consent authorities, the New Zealand Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to Koohi Point, as provided in sections 42 to 44; and

  • (b) to require that relevant consent authorities forward summaries of resource consent applications to the Ngati Awa governance entity as provided in section 46; and

  • (c) to enable the Ngati Awa governance entity and any member of Ngati Awa to cite this statutory acknowledgement as evidence of the association of Ngati Awa to Koohi Point as provided in section 47.

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 41 to 44 and 47,—

  • (a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

  • (b) no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngati Awa's association with Koohi Point than that person or entity would give under the relevant statute, regulation, or bylaw, if this statutory acknowledgement had not been made.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement. Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, Koohi Point.

No limitation on the Crown

The existence of this statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement in respect of Koohi Point to a person or persons other than Ngati Awa or a representative entity.


Schedule 5
Statutory acknowledgement for Mokorua Scenic Reserve

s 40

Statutory area

The area to which this statutory acknowledgement applies (statutory area) is the area known as Mokorua Scenic Reserve, as shown on SO 310381, South Auckland Land District.

Preamble

Under section 40, the Crown acknowledges Ngati Awa's statement of Ngati Awa's cultural, spiritual, historical, and traditional association to Mokorua Scenic Reserve as set out below.

Cultural, spiritual, historical, and traditional association of Ngati Awa with statutory area

The traditions of Ngati Awa illustrate the cultural, historical, and spiritual association of Ngati Awa to the Mokorua Scenic Reserve. For Ngati Awa, traditions such as these represent the links between the world of the gods and present generations. These histories reinforce tribal identity, connection, and continuity between generations and confirm the importance of the Mokorua Scenic Reserve to Ngati Awa.

According to Ngati Awa traditions Tiwakawaka was the first explorer to discover and settle the land around Kakahoroa (Whakatane). His waka was Te Aratauwhaiti and his descendants became known as Ngati Ngainui. The descendants of Tiwakawaka are the original people of Kakahoroa. Twelve generations from Tiwakawaka came the ancestor Toi Te Huatahi. Toi resided at Kaputerangi above Kakahoroa. Toi is acknowledged as the principal founding ancestor of many iwi including Ngati Awa. Ngati Awa history then records the arrival of the waka Mataatua (the eye of the god) at Kakahoroa (Whakatane) from the ancestral homeland Hawaiki. Many of the ancestors of Ngati Awa on board Mataatua and their descendants utilised the natural bounty of what is now known as the Mokorua Scenic Reserve.

Ngati Awa from Whakatane, Ngati Pukeko, Ngati Hokopu, and Ngai Taiwhakaea II hapu of Ngati Awa have resided in and around the lands of the Mokorua Scenic Reserve for many generations. Battle sites, urupa and landscape features bearing the names of tipuna record their history of occupation. The result of the struggles, alliances and marriages arising out of various inter-hapu disputes within Ngati Awa was the eventual emergence of a stable, organised and, from time to time, united series of hapu located in and around the Mokorua Scenic Reserve area.

As recently as the mid-1800s the Mokorua Scenic Reserve was the centre of debate and conflict between tribes stemming from a plan to establish a flour mill in the area. After the battles, Ngati Awa continued to reside on the lands of the Mokorua Scenic Reserve.

The lands of the Mokorua Scenic Reserve were always regarded by Ngati Awa, particularly the hapu of the Whakatane area, as a valuable source of foods such as birds including the kereru. Ever since ancient times the lands of the Mokorua Scenic Reserve have been from time to time the cause of many disputes because of the abundant nature of the area for food gathering. All elements of the natural environment possess a life force and all forms of life are related. Mauri is a critical element of the spiritual relationship of Ngati Awa whanui to the Mokorua Scenic Reserve.

The Ngati Awa tipuna had considerable knowledge of whakapapa, traditional trails, places for gathering kai and other taonga, ways in which to use the resources of the Mokorua Scenic Reserve, the relationship of people with the area and their dependence on it, and tikanga for the proper and sustainable utilisation of resources. All of these values remain important to the people of Ngati Awa today.

The Mokorua Scenic Reserve is the repository of many koiwi tangata, secreted away in places throughout the Reserve. Urupa are the resting places of Ngati Awa tipuna and, as such, are the focus of whanau traditions. Urupa and wahi tapu are places holding the memories, traditions, victories, and defeats of Ngati Awa tipuna, and are frequently protected in secret locations.

Purposes of statutory acknowledgement

Under section 41, and without limiting the rest of this schedule, the purposes of this statutory acknowledgement are—

  • (a) to require that relevant consent authorities, the New Zealand Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to Mokorua Scenic Reserve, as provided in sections 42 to 44; and

  • (b) to require that relevant consent authorities forward summaries of resource consent applications to the Ngati Awa governance entity as provided in section 46; and

  • (c) to enable the Ngati Awa governance entity and any member of Ngati Awa to cite this statutory acknowledgement as evidence of the association of Ngati Awa to Mokorua Scenic Reserve as provided in section 47.

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 41 to 44 and 47,—

  • (a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

  • (b) no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw may give any greater or lesser weight to Ngati Awa's association with Mokorua Scenic Reserve than that person or entity would give under the relevant statute, regulation, or bylaw, if this statutory acknowledgement had not been made.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, Mokorua Scenic Reserve.

No limitation on the Crown

The existence of this statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement in respect of Mokorua Scenic Reserve to a person or persons other than Ngati Awa or a representative entity.


Schedule 6
Statutory acknowledgement for Ohope Scenic Reserve

s 40

Statutory area

The area to which this statutory acknowledgement applies (statutory area) is the area known as Ohope Scenic Reserve, as shown on SO 61696, South Auckland Land District.

Preamble

Under section 40, the Crown acknowledges Ngati Awa's statement of Ngati Awa's cultural, spiritual, historical, and traditional association to Ohope Scenic Reserve as set out below.

Cultural, spiritual, historical, and traditional association of Ngati Awa with statutory area

It is the historical traditions of Ngati Awa such as whakapapa, waiata, korero, and whakairo that illustrate the cultural and spiritual association of Ngati Awa to the Ohope Scenic Reserve. These histories link the present generations of Ngati Awa with their ancestors and the atua of the natural world such as Io-Matua-Kore, Ranginui, and Papatuanuku. These traditions form the foundation of the identity of Ngati Awa as an iwi. Some of these important historical traditions are recorded below.

Ngati Awa history records the arrival of the waka Mataatua (the face of the god) at Kakahoroa (Whakatane) from the ancestral homeland Hawaiki. Mataatua brought the kumara to Kakahoroa and a parcel of soil from Rangiatea to place in the garden called Matirerau. Toroa, the chief of Mataatua, is acknowledged as one of the principal ancestors of Ngati Awa. From Toroa came Ruaihona, from Ruaihona came Tahinga o Te rangi and from Tahinga o Te rangi came Awanuiarangi II. The eponymous ancestor Awanuiarangi II, great-grandson of Toroa, is acknowledged by Ngati Awa as the paramount and principal identifying ancestor to which all hapu of Ngati Awa can trace descent.

During the early occupation of Ohope by Ngati Awa, various hapu established the customary interests of the iwi. Following that, during the late 18th century 2 Ngati Awa hapu, Ngati Hokopu and Ngati Wharepaia, were prominent within the Reserve and surrounding area.

A number of pa sites near the Ohope Scenic Reserve illustrate the strong historical associations of Ngati Awa to the Reserve. Western-most was Otumanu Pa. Te Rae o Te Tamure was nearby, on the ridge between Ohope West and Otarawairere beach at Koohi Point. Both these pa were occupied by Tamaruarangi, a well-known rangatira and ancestor of Ngati Awa. Further east, near the coast below the Ohope Scenic Reserve were 2 key strategic pa called Maungateone Pa (Sand Mountain) and Te Paripari or Gunfighters' Pa. Further along Ohope towards Ohiwa were Mihi Marino Pa (Calm Greetings) and Raukawarua Pa. There were also pa within the Ohope Scenic Reserve but their names have been lost over time.

The Ohope Scenic Reserve was rich in resources and provided an abundance of wildlife, plant, and vegetation for the hapu of Ngati Awa that lived within or near the Reserve. The Reserve was a favourite food gathering place for the hapu of Ngati Awa. The use of the Reserve area has been evidenced by the discovery of artefacts along the creekbed of Te Huki o to Tuna (Spit of the Eel) in past years.

To ensnare some of the abundant bird life within the area known today as the Ohope Scenic Reserve the people of the hapu would hollow out miro logs as drinking troughs for birds such as kereru and wait in hiding for them.

The medicinal qualities of the plant life in the Ohope Scenic Reserve were also important to Ngati Awa. These cultural aspects of the Reserve constitute an essential part of the heritage of Ngati Awa. Particular stretches of the Ohope Scenic Reserve also have their own traditions. West of Otumanu along the cliff face is the path known as Te Ara-ka which means the burning path or illuminated pathway. Ngati Awa have always maintained a considerable knowledge of the lands of the Ohope Scenic Reserve and surrounding area, its history, the traditional trails of the tipuna in the area, the places for gathering kai and other taonga, and the ways in which to use the resources of the Ohope Scenic Reserve. Proper and sustainable resource management has always been at the heart of the relationship of Ngati Awa with the Ohope Scenic Reserve. The sustainable management of the resources of the reserve remains important to the people of Ngati Awa today.

The Ohope Scenic Reserve is the repository of many koiwi tangata, secreted away in places throughout the reserve. These urupa are wahi tapu and the knowledge of their location is often protected. Urupa provide an important link to the memories and traditions of Ngati Awa tipuna and the protection of the relationship to those places is important to the spiritual wellbeing of the iwi.

The traditional values of mana, mauri, whakapapa, and tapu are central to the relationship of Ngati Awa with the Ohope Scenic Reserve. The mana of Ohope describes the power and importance of the reserve to Ngati Awa. Mana also implies the responsibility of Ngati Awa as tangata whenua and guardians of the area. The mauri of Ohope is the life force of Ohope. All forms of life have a mauri and all forms of life are related. One of the roles of Ngati Awa as tangata whenua is to protect the mauri of the Ohope Scenic Reserve area. Whakapapa defines the genealogical relationship of Ngati Awa to the Reserve. Tapu describes the sacred nature of the Reserve to Ngati Awa. Mana, mauri, whakapapa, and tapu are all important spiritual elements of the relationship of Ngati Awa with the Ohope Scenic Reserve area. All of these values remain important to the people of Ngati Awa today.

Purposes of statutory acknowledgement

Under section 41, and without limiting the rest of this schedule, the purposes of this statutory acknowledgement are—

  • (a) to require that relevant consent authorities, the New Zealand Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to Ohope Scenic Reserve, as provided in sections 42 to 44; and

  • (b) to require that relevant consent authorities forward summaries of resource consent applications to the Ngati Awa governance entity as provided in section 46; and

  • (c) to enable the Ngati Awa governance entity and any member of Ngati Awa to cite this statutory acknowledgement as evidence of the association of Ngati Awa to Ohope Scenic Reserve as provided in section 47.

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 41 to 44 and 47

  • (a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

  • (b) no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngati Awa's association with Ohope Scenic Reserve than that person or entity would give under the relevant statute, regulation, or bylaw if this statutory acknowledgement had not been made.

    Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement. Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, Ohope Scenic Reserve.

No limitation on the Crown

The existence of this statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement in respect of Ohope Scenic Reserve to a person or persons other than Ngati Awa or a representative entity.


Schedule 7
Statutory acknowledgement for Moutohora (Whale Island) Wildlife Management Reserve

s 40

Statutory area

The area to which this statutory acknowledgement applies (statutory area) is the area known as Moutohora (Whale Island) Wildlife Management Reserve, as shown on SO 61405, South Auckland Land District.

Preamble

Under section 40, the Crown acknowledges Ngati Awa's statement of Ngati Awa's cultural, spiritual, historical, and traditional association to Moutohora (Whale Island) Wildlife Management Reserve as set out below.

Cultural, spiritual, historical, and traditional association of Ngati Awa with statutory area

The traditions of Ngati Awa illustrate the cultural, historical, and spiritual association of Ngati Awa to Moutohora. For Ngati Awa, traditions such as these represent the links between the world of the gods and present generations. These histories reinforce tribal identity, connection, and continuity between generations and confirm the importance of Moutohora to Ngati Awa.

A significant event in the history of Ngati Awa was the arrival of the waka Mataatua to Aotearoa. Toroa, the chief of Mataatua, is acknowledged as one of the principal ancestors of Ngati Awa. The first occupation of Moutohora was by the grandson of Toroa, Te-Rongo Tauaroa a Tai. Te Rongo lived at a pa called Raetihi (The Summit of Gentle Breezes), now known as Pa Hill. Some of the descendants of Rongo are found among the hapu of Ngati Awa.

Moutohora derives its name from the words Motu (island) and tohora (whale). With the passage of time the name was shortened to Moutohora. It was here that Captain Cook's first expedition described the only double-hulled war canoe that they saw during their expedition in Aotearoa. This confirms that in 1769 the Ngati Awa hapu living at Moutohora were using double-hulled waka for sea transport.

Taiwhakaea I, a noted chief of Ngati Awa and eponymous ancestor of the Taiwhakaea hapu of Ngati Awa, lived from time to time on Moutohora. Te Ngarara, another Ngati Awa rangatira, also made frequent use of the island.

There were a number of pa sites on Moutohora that were used by the hapu of Ngati Awa who occupied the Island. Raetihi is one such pa. The unusual feature of Raetihi is that it has stone walls on the lower north-eastern side of the pa. Moutohora was occupied for relatively short periods of time when people travelled to the Island to gather food. Gathering titi (mutton bird—grey faced petrels) and kaimoana from Moutohora were regular seasonal activities for the Whakatane based hapu of Ngati Awa.

There are also a number of significant Ngati Awa wahi tapu on Moutohora. Te Pari Kawau (Boulder Bay) was an ancient urupa of the hapu of Ngati Awa. Another wahi tapu on Moutohora is Waiariki (Sulphur Bay). Separate areas at Waiariki were set aside for cooking, bathing, and medicinal purposes. Various Ngati Awa people suffering from skin ailments and especially from hakihaki were able to go to the hot springs at Waiariki and bathe in the sulphur laden water. Te Puna Wai (The Water Spring) is a small spring on Moutohora. Te Puna Wai was the only reliable source of fresh water. However, during a very dry summer it was necessary to carry additional water to Moutohora from Whakatane. Te Ratahi (McEwens Bay) was where the hapu of Ngati Awa living on Moutohora established their gardens and grew kumara and other root vegetables.

The abundant resources of Moutohora made it a valuable place to live for those hapu of Ngati Awa fortunate enough to occupy the Island. The gathering of titi was always a traditional and annual activity involving many of the hapu of Ngati Awa. Ngati Awa people used the cultural practice of rahui to ensure the titi were never depleted completely on the Island. Moutohora was also useful as a lookout point to intercept any intruders who were en route to some other part of the eastern coast.

Moutohora has always been a rich source of paua, kina, crayfish, and the popular varieties of shellfish for the hapu of Ngati Awa.

The Ngati Awa tipuna had considerable knowledge of whakapapa, traditional trails and tauranga waka, places for gathering kai and other taonga, ways in which to use the resources of Moutohora, the relationship of people with the area and their dependence on it, and tikanga for the proper and sustainable utilisation of resources. All of these values remain important to the hapu of Ngati Awa today. Moutohora is the repository of many koiwi tangata. Urupa are the resting places of Ngati Awa tipuna and, as such, are the focus of whanau traditions. Urupa and wahi tapu are places holding the memories, traditions, victories, and defeats of Ngati Awa tipuna, and are frequently protected in secret locations.

The rnauri of Moutohora represents the essence that binds the physical and spiritual elements of all things together, generating and upholding all life. All elements of the natural environment possess a life force, and all forms of life are related. Mauri is a critical element of the spiritual relationship of Ngati Awa whanui to Moutohora.

Purposes of statutory acknowledgement

Under section 41, and without limiting the rest of this schedule, the purposes of this statutory acknowledgement are—

  • (a) to require that relevant consent authorities, the New Zealand Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to Moutohora (Whale Island) Wildlife Management Reserve, as provided in sections 42 to 44; and

  • (b) to require that relevant consent authorities forward summaries of resource consent applications to the Ngati Awa governance entity as provided in section 46; and

  • (c) to enable the Ngati Awa governance entity and any member of Ngati Awa to cite this statutory acknowledgement as evidence of the association of Ngati Awa to Moutohora (Whale Island) Wildlife Management Reserve as provided in section 47.

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 41 to 44 and 47

  • (a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

  • (b) no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngati Awa's association with Moutohora (Whale Island) Wildlife Management Reserve than that person or entity would give under the relevant statute, regulation, or bylaw if this statutory acknowledgement had not been made.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement. Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, Moutohora (Whale Island) Wildlife Management Reserve.

No limitation on the Crown

The existence of this statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement in respect of Moutohora (Whale Island) Wildlife Management Reserve to a person or persons other than Ngati Awa or a representative entity.


Schedule 8
Statutory acknowledgement for Part Ohiwa Harbour

s 40

Statutory area

The area to which this statutory acknowledgement applies (statutory area) is Part Ohiwa Harbour marked A on SO 61441, South Auckland Land District, being the foreshore, seabed, and coastal water (as those terms are defined in the Resource Management Act 1991) and the air space above the water and, where the boundary of the area marked A on SO 61441 is shown as a landward boundary, the landward boundary is the line of mean high water springs, except that where that line crosses a river, the landward boundary at that point is whichever is the lesser of—

  • (a) 1 kilometre upstream from the mouth of the river; or

  • (b) the point upstream that is calculated by multiplying the width of the river mouth by 5.

Preamble

Under section 40, the Crown acknowledges Ngati Awa's statement of Ngati Awa's cultural, spiritual, historical, and traditional association to Part Ohiwa Harbour as set out below.

Cultural, spiritual, historical, and traditional association of Ngati Awa with statutory area

The traditions of Ngati Awa illustrate the cultural, historical, and spiritual association of Ngati Awa to the Ohiwa Harbour. For Ngati Awa, traditions such as these represent the links between the world of the gods and present generations. These histories reinforce tribal identity, connection, and continuity between generations and con-firm the importance of Ohiwa Harbour to Ngati Awa.

According to Ngati Awa the first person to settle in the region was Maui. After him was Tiwakawaka. His descendant was Toi te Huatahi who was also known as Toi Kairakau. From Toi descended many tribes collectively known as Te Tini o Toi. Another of these ancient tribes was Te Hapuoneone, a division of Te Tini o Awa who occupied the lands around Ohiwa. The harbour has always been a source of sustenance to those residing around the harbour, at pa such as Tauwhare, Te Horo, and Paparoa. The name Ohiwa comes from Te Ohiwa o Awanuiarangi II which means the standing place of Awanuiarangi II. The name arose when Awanuiarangi II stood on the summit of the pa site Paparoa at Wainui on the shores of Ohiwa. Since then Awanuiarangi's descendants, the hapu of Ngati Awa, have resided and maintained a presence at Ohiwa Harbour.

There are a number of important Ngati Awa pa sites and wahi tapu in the Ohiwa Harbour, which demonstrate Ngati Awa connections with the harbour. Generations of Ngati Awa have watched over Ohiwa from such places. One such wahi tapu was Te Horonga o Ngai Te Hapu (the bathing place of Te Hapu). Te Hapu was the son of Taroakaikaha, the founding ancestor of the Patuwai hapu of Ngati Awa who are now located at Pupuaruhe, Toroa Marae and Motiti Island. Te Horo, at the mouth of the Ohiwa Harbour, was also an important settlement of Te Kooti and his Ngati Awa followers. Taipari is a wahi tapu also located at the mouth of the harbour near Te Horo. Taipari is the area where Ngati Awa hapu would read the signs of the ocean, hence the name Taipari which means the rising and falling of the tides. Taipari is also the name of a chief of the Ngati Awa hapu, Ngati Hokopu. There are numerous other pa and wahi tapu known to Ngati Awa around the harbour.

Ngati Awa from Whakatane, Ngati Hokopu, and Ngati Wharepaia were instrumental in establishing and maintaining a Ngati Awa presence at Ohiwa Harbour. Several pa were destroyed in the many battles between Ngati Awa and Whakatohea until peace was finally made between the 2 tribes in 1857. There were several minor incidents following the peace agreement regarding boundaries, but it is Ngati Awa's tradition that a boundary between the iwi generally agreed at that time was to the Hokianga River in the Ohiwa harbour. This boundary is still contested today. The Hokianga River, which winds its way through the harbour and out to sea, can only be seen at low tide.

The Ohiwa harbour has provided Ngati Awa hapu with all the resources of life they required to survive. The harbour provided an abundance of fish and shellfish such as flounder, kahawai, mussels, pipi, cockles, scallops, and oysters. The harbour was also rich in bird life and building material. The Ngati Awa hapu, Ngati Hokopu and Ngati Wharepaia settled throughout the Ohiwa Harbour. Otao was a favourite place of Ngati Hokopu for gathering kaimoana particularly pipi, scallops, and cockles.

Throughout the years Ngati Awa have exercised custodianship over the harbour and have imposed rahui (temporary restrictions) when appropriate, restricting the taking of mussels, scallops, and other kaimoana. Proper and sustainable management of Ohiwa Harbour has always been at the heart of the relationship of Ngati Awa with the harbour.

Ohiwa Harbour is the repository of many koiwi tangata. Urupa are the resting places of Ngati Awa tipuna and, as such, are the focus of whanau traditions. Urupa and wahi tapu are places holding the memories, traditions, victories, and defeats of Ngati Awa tipuna and are frequently protected in secret locations.

Ngati Awa tipuna had considerable knowledge of whakapapa, traditional trails and tauranga waka, places for gathering kai and other taonga, ways in which to use the resources of Ohiwa Harbour, the relationship of people with the area and their dependence on it, and tikanga for the proper and sustainable utilisation of resources. All of these values remain important to the people of Ngati Awa today.

The Ohiwa Harbour is of great cultural and historical importance to Ngati Awa. The mauri of Ohiwa Harbour represents the essence that binds the physical and spiritual elements of all things together, generating and upholding all life. All elements of the natural environment possess a life force and all forms of life are related. Mauri is a critical element of the spiritual relationship of Ngati Awa whanui to the Ohiwa Harbour.

Purposes of statutory acknowledgement

Under section 41, and without limiting the rest of this schedule, the purposes of this statutory acknowledgement are—

  • (a) to require that relevant consent authorities, the New Zealand Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to Part Ohiwa Harbour, as provided in sections 42 to 44; and

  • (b) to require that relevant consent authorities forward summaries of resource consent applications to the Ngati Awa governance entity as provided in section 46; and

  • (c) to enable the Ngati Awa governance entity and any member of Ngati Awa to cite this statutory acknowledgement as evidence of the association of Ngati Awa to Part Ohiwa Harbour as provided in section 47.

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 41 to 44 and 47

  • (a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

  • (b) no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngati Awa's association with Part Ohiwa Harbour than that person or entity would give under the relevant statute, regulation, or bylaw if this statutory acknowledgement had not been made.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, Part Ohiwa Harbour.

No limitation on the Crown

The existence of this statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement in respect of Part Ohiwa Harbour to a person or persons other than Ngati Awa or a representative entity.


Schedule 9
Statutory acknowledgement for Uretara Island

s 40

Statutory area

The area to which this statutory acknowledgement applies (statutory area) is the area known as Uretara Island, as shown on SO 61690, South Auckland Land District.

Preamble

Under section 40, the Crown acknowledges Ngati Awa's statement of Ngati Awa's cultural, spiritual, historical, and traditional association to Uretara Island as set out below.

Cultural, spiritual, historical, and traditional association of Ngati Awa with statutory area

It is the historical traditions of Ngati Awa such as whakapapa, waiata, korero, and whakairo that illustrate the cultural and spiritual association of Ngati Awa to Uretara Island. These histories link the present generations of Ngati Awa with their ancestors and the atua of the natural world such as Ranginui, Papatuanuku, and Tane. These traditions form the foundation of the identity of Ngati Awa as an iwi. Some of these important historical traditions are recorded below.

According to Ngati Awa, Te Hapuoneone, a division of Te Tini o Awa, were the original inhabitants of Ohiwa Harbour. These people resided at Uretara and other pa at Tauwhare, Te Horo, and Paparoa. Ngati Awa tipuna also whakapapa to various pre-migration iwi including Te Hapuoneone, Maruiwi, Nga Potiki, Nga Maihi, Te Marangaranga, Te Tini o Toi, and Te Tini o Kawerau. From time to time, these groups traversed the lands around and within the Ohiwa harbour, including Uretara Island.

The name Ohiwa comes from Te Ohiwa o Awanuiarangi II. Awanuiarangi II is the great grandson of Toroa, captain of the Mataatua waka and is the principal ancestor of Ngati Awa. Hapu of Ngati Awa have resided at Uretara, within the Ohiwa Harbour, since the time of Awanuiarangi II.

Uretara Island is one of a number of important Ngati Awa pa sites and wahi tapu in the Ohiwa Harbour. Generations of Ngati Awa have watched over Ohiwa from Uretara Island. To the people of Ngati Awa, Uretara Island is of great cultural and historical importance. Two major pa, Paripari and Karamea, were built on Uretara Island to access, protect, and watch over Ohiwa. The strategic geographical position of the island made it an ideal fortified village.

During the time of warfare the strategically built pa, terraces, surrounding water, and skilled Ngati Awa warriors made it almost impossible for outsiders to conquer the island.

Many battles were fought between Ngati Awa and other iwi over the control of Uretara Island. Ngati Awa were often successful in those conflicts but sometimes suffered temporary defeats at the hands of other related Mataatua tribes. During this time ownership of Uretara Island fluctuated between Ngati Awa and Whakatohea hapu, including Upokorehe. Prior to 1840 and the arrival of tauiwi (European settlers) Uretara Island was occupied by Te Kepa Toihau and his people of the Whakatane section of Ngati Awa.

In 1862 a dispute over rights to Uretara Island arose between Ngati Awa and Whakatohea. Independent assessors were called in and they decided in favour of Ngati Awa although Whakatohea continued to express objections. Uretara Island was then included in the confiscation area in 1866 and was not returned to Maori by the Compensation Court. Since this time the island has been out of Ngati Awa's control. However Ngati Awa have always maintained a cultural and spiritual association to Uretara.

Uretara Island is one of the areas where the footprints of Ngati Awa tipuna remain. It is a place where the people of Ngati Awa would be able to sit and reflect on the life of their ancestors sensing the ihi (power), wehi (fear), and the mauri (life force) emanating from the land and water.

The Ngati Awa tipuna had considerable knowledge of whakapapa, traditional trails and tauranga waka, places for gathering kai, other taonga, and ways in which to use the resources of Uretara Island. The tipuna were also knowleageable in the relationship of people with the area and their dependence on it, and tikanga for the proper and sustainable utilisation of resources. All of these values remain important to the hapu of Ngati Awa today.

Uretara Island is also the repository of koiwi tangata. Urupa are the resting places of Ngati Awa tipuna and, as such, are the focus of whanau traditions. Urupa and wahi tapu are places holding the memories, traditions, victories, and defeats of Ngati Awa tipuna.

To the people of Ngati Awa, Uretara Island is of the utmost importance because of its physical, spiritual, and social significance in the past, present, and future. The mauri of Uretara Island represents the essence that binds the physical and spiritual elements of all things together, generating and upholding all life. All elements of the natural environment possess a life force, and all forms of life are related. Mauri is a critical element of the spiritual relationship of Ngati Awa whanui to Uretara Island.

Purposes of statutory acknowledgement

Under section 41, and without limiting the rest of this schedule, the purposes of this statutory acknowledgement are—

  • (a) to require that relevant consent authorities, the New Zealand Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to Uretara Island, as provided in sections 42 to 44; and

  • (b) to require that relevant consent authorities forward summaries of resource consent applications to the Ngati Awa governance entity as provided in section 46; and

  • (c) to enable the Ngati Awa governance entity and any member of Ngati Awa to cite this statutory acknowledgement as evidence of the association of Ngati Awa to Uretara Island as provided in section 47.

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 41 to 44 and 47

  • (a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

  • (b) no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngati Awa's association with Uretara Island than that person or entity would give under the relevant statute, regulation, or bylaw if this statutory acknowledgement had not been made.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, Uretara Island.

No limitation on the Crown

The existence of this statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement in respect of Uretara Island to a person or persons other than Ngati Awa or a representative entity.


Schedule 10
Statutory acknowledgement for Whakatane River

s 40

Statutory area

The area to which this statutory acknowledgement applies (statutory area) is the River known as the Whakatane River, as shown on SO 61404, South Auckland Land District.

Preamble

Under section 40, the Crown acknowledges Ngati Awa's statement of Ngati Awa' s cultural, spiritual, historical, and traditional association to the Whakatane River as set out below.

Cultural, spiritual, historical, and traditional association of Ngati Awa with statutory area

It is the historical traditions of Ngati Awa such as whakapapa, waiata, korero, and whakairo that illustrate the cultural and spiritual association of Ngati Awa to the Whakatane River. These histories link the present generations of Ngati Awa with their ancestors and the atua of the natural world such as Ranginui, Papatuanuku, and Tane. These traditions form the foundation of the identity of Ngati Awa as an iwi. Some of these important historical traditions are recorded below.

The Whakatane River is rich in historical and cultural association for Ngati Awa. One of the founding ancestors of Ngati Awa, Tiwakawaka, lived at the mouth of the Whakatane River. Hoaki and Taukata landed here and were stranded at the river mouth. The Mataatua waka also landed at the mouth of the Whakatane River.

The present name Te Awa o Whakatane relates to the arrival of the waka Mataatua to Aotearoa. Wairaka was the daughter of Toroa and a member of the crew of the waka Mataatua. When Mataatua arrived at Whakatane, most of the men of the waka climbed the hill at Kaputerangi to observe the new land. They left the waka attended by a group of women. The mooring of the waka became loosened and it began to drift out to sea. Wairaka, who had been observing the situation, took the matter in hand and cried E! Kia Whakatane ake au i ahau (Let me act the part of a man). Hence the name Whakatane. Toroa, the chief of Mataatua, is acknowledged as one of the principal ancestors of Ngati Awa.

The naming of various features including rocks in the Whakatane River reflects the succession of explorers and ancestors of Ngati Awa who lived along the Whakatane River. Rocks in the mouth of the Whakatane River include Te Puke-a-Hawaiki, Koakaroa, Areiawa, Toka Mauku, Toka Roa, Rangaia, and Roimata Turuturu. The Ngati Awa people have used the Whakatane River to access sacred sites along its banks. When the Mataatua waka landed at Whakatane, one of the very first tasks performed by Toroa and its other occupants was to build a sacred alter called a pouahu. The spot on which the pouahu was built was located on the bank of the Whakatane River. The mauri of the Mataatua waka was placed at the pouahu. This was an object that represented the physical and spiritual welfare of the waka and its occupants during its voyage. Later the mauri represented the welfare of the people in their residence. A manuka tree was planted at the pouahu as a symbol representing life and well-being for the people of the Mataatua waka. At this place people revealed their misfortunes, afflictions and transgressions. The symbolic nature of the manuka tree gave expression to the term Te Manuka Tutahi (the lone standing manuka tree). This term has become a strong spiritual identifying term for the people of Ngati Awa.

Close to Te Manuka Tutahi on the side of the Whakatane River was Hine Tuahoanga (ancestress of stone). This rock was once used by the hapu of Ngati Awa for sharpening stone, aided with the waters from Whakatane River alongside. On the other side of the river mouth from Te Manuka Tutahi lies the ancient urupa of Opihi-whanaunga-kore where many of the remains of the Ngati Awa people who lived at Whakatane are now buried and watch over Whakatane River. Some notable Ngati Awa ancestors buried at Opihi are Te Waiopotanga, Toihau, Te Kepa Toihau, Te Hamaiwaho, Te Apanui, and Uaterangi.

There were a number of tipua (guardian spirits) and taniwha of special significance to Ngati Awa that lived along the Whakatane River. Tutarakauika was one of the tipua that lived in the Whakatane River. Tutarakauika, because of his ability to communicate with life in the ocean, caused much jealousy among other young men of the tribe who later plotted and then clubbed him to death, and his body was taken out and cast into the sea. His father Takatutahi and remaining sons Rongoiri and Tutahi sought revenge, found the culprits, and took them to the same spot where they threw Tutarakauika overboard. Takatutahi, Rongoiri, and Tutahi cast the offenders over-board and watched as they transformed into kutukutu moana (sea lice). Tutarakauika, however, was revived, cared for, and became part of the family of Tangaroa, being adopted by Kiwa and Hinemoana.

Te Tahi o te Rangi is a famous taniwha of the Whakatane River in the historical traditions of Ngati Awa. In ancient times Te Tahi was a tohunga of great status in Ngati Awa. It was believed that Te Tahi had great powers concerning the supernatural, and it was suspected by members of his tribe that these powers were being used for sinister purposes. These sinister suspicions were eventually brought to the fore when kumara plants became blighted one season and it was Te Tahi who was blamed. A secret meeting was held in his absence and it was decided that he should be taken to Whakari and left there to perish. A fishing expedition was organised and Te Tahi was led to believe that he would guide them due to his superior knowledge of the best fishing grounds. Once the expedition arrived at Whakaari, Te Tahi was tricked and the waka left without him, leaving him stranded on the island. Te Tahi summoned a whale which swam towards the rock where he sat. Te Tahi climbed onto the whale. The whale asked if the waka that had left Te Tahi should be destroyed and Te Tahi replied waiho ma te whakama ratou e patu, waiho hei korero i a tatou Ida atawhai ki te iwi (let their shame punish them, let us acquire fame by means of mercy). Te Tahi landed on a rock by the mouth of the Whakatane River named Rukupo and could be seen by the returning canoes. Te Tahi then travelled to the rock Te Toka a Houmea, further inland along the Whakatane River, where he rested. Later he was killed and his body then taken up the Rangitaiki River to Opuru (Te Opurunga o Te Tahi—The place where the body of Te Tahi was buried). His kaitiaki, the whale monster Tutarakauika, swam up the Rangitaiki River and excavated a channel to Opuru, retrieved the body of Te Tahi and turned the body into a taniwha. There are several places along the Whakatane River that are named after Te Tahi. Te Tahi is represented as a Marikihau in several carved houses of Ngati Awa. The Whakatane River and its banks have been occupied by the ancestors of Ngati Awa since before the arrival of Mataatua. More recently in the 18th and 19th centuries the chiefs Te Putarera, Tohi Te Ururangi, Toihau, Hokimoana, Te Ngarara, and their people resided at Te Whare o Toroa, the area around the present day Wairaka Marae which was located originally up against the banks of the river. Since this time there has been reclamation due to the change in the river's course. Cultivations and sites of houses were well established in this region. Throughout this period a number of hapu of Ngati Awa resided along the Whakatane River including Ngati Maumoana, Ngai Te Hapu, Ngati Ikapuku, Te Patuwai, Ngati Pukeko, Te Whanau a Taiwhakaea, Ngati Hinanoa, Ngati Kama, Ngai Tapiki, and Ngati Hokopu. The Whakatane River was a life and spiritual source for those people. All of these hapu had various pa, kainga, and wahi tapu along the banks of the river.

There were also a number of wahi tapu sites of significance to Ngati Awa along the Whakatane River. Mimihanui, Otangi-haku, Otarehie, Puke-rarauhe, Motueka, Rauporoa, Hurepo, Otarehu, and Ohineteraraku were kainga (settlements) of Ngati Awa along the river. Otarahioi and Te Mauku Pa are pa sites at Taneatua. Pekapekatahi is a wahi tapu near Taneatua. This was the place where the Ngati Awa tohunga Te Tahi o te Rangi crossed the Whakatane River. Generations of Ngati Awa have watched over the Whakatane River from such places. The sites highlight Ngati Awa' s connections to Whakatane River and the numerous residences along its shores. In particular, Pohaturoa is a significant wahi tapu site along the Whakatane River. Pohaturoa is important because it was where the Treaty of Waitangi (Te Tiriti o Waitangi) was signed by Ngati Awa. On 16 June 1840, representatives of the Ngati Awa hapu of Ngati Pukeko and Ngai Tonu signed a copy of the Treaty of Waitangi (Te Tiriti o Waitangi) at Pohaturoa. This was an event of great historical significance for Whakatane as well as for the people of Ngati Pukeko and Ngati Awa. The chiefs that signed the Treaty were Tautari, Mokai, Mato, Tarawatewate, Tunui, Taupiri, Haukakawa, Piariari, Matatehokia, Rewa, Tupara and Mokai II—presumed to be Mokai's son.

Ngati Awa have always maintained a considerable knowledge of the Whakatane River, its history, the traditional trails of the tipuna along the river, the landing places of waka, the places for gathering kai and other taonga, and the ways in which to use the resources of the Whakatane River. The Whakatane River was valued by Ngati Awa as a source of food including eels, kakahi, oysters, fish, and white-bait. The Whakatane River was also used by Ngati Awa to transport goods to and from the inland settlements of the iwi. Proper and sustainable resource management has always been at the heart of the relationship of Ngati Awa with the Whakatane River.

The traditional values of mana, mauri, whakapapa, and tapu are central to the relationship of Ngati Awa with the Whakatane River. The mana of the Whakatane River is the power and importance of the river to Ngati Awa. Mana also defines the custodian responsibility of Ngati Awa as guardians of the river. The mauri of the Whakatane River is the life force of the Whakatane River. All forms of life have a mauri and all forms of life are related. One of the essential roles of Ngati Awa is to protect the mauri of the river.

Whakapapa defines the genealogical relationship of Ngati Awa to the Whakatane River. Tapu describes the sacred nature of the relationship of Ngati Awa to the Whakatane River. Mana, mauri, whakapapa, and tapu are all important spiritual elements of the relationship of Ngati Awa with the Whakatane River. All of these values remain important to the people of Ngati Awa today.

Purposes of statutory acknowledgement

Under section 41, and without limiting the rest of this schedule, the purposes of this statutory acknowledgement are—

  • (a) to require that relevant consent authorities, the New Zealand Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to the Whakatane River, as provided in sections 42 to 44; and

  • (b) to require that relevant consent authorities forward summaries of resource consent applications to the Ngati Awa governance entity as provided in section 46; and

  • (c) to enable the Ngati Awa governance entity and any member of Ngati Awa to cite this statutory acknowledgement as evidence of the association of Ngati Awa to the Whakatane River as provided in section 47.

In this statutory acknowledgement, river—

  • (a) means—

    • (i) a continuously or intermittently flowing body of fresh water, including a stream and modified watercourse; and

    • (ii) the bed of the river; but

  • (b) does not include—

    • (i) any artificial watercourse; or

    • (ii) any part of the bed of the river that is not owned by the Crown; or

    • (iii) any land that the waters of the river do not cover at its fullest flow without overlapping its banks; or

    • (iv) any tributary flowing into the river.

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 41 to 44 and 47

  • (a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

  • (b) no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngati Awa's association with the Whakatane River than that person or entity would give under the relevant statute, regulation, or bylaw if this statutory acknowledgement had not been made.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, the Whakatane River.

No limitation on the Crown

The existence of this statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement in respect of the Whakatane River to a person or persons other than Ngati Awa or a representative entity.


Schedule 11
Statutory acknowledgement for Rangitaiki River

s 40

Statutory area

The area to which this statutory acknowledgement applies (statutory area) is the river known as the Rangitaiki River, as shown on SO 61406, South Auckland Land District.

Preamble

Under section 40, the Crown acknowledges Ngati Awa's statement of Ngati Awa's cultural, spiritual, historical, and traditional association to the Rangitaiki River as set out below.

Cultural, spiritual, historical, and traditional association of Ngati Awa with statutory area

The traditions of Ngati Awa illustrate the cultural, historical, and spiritual association of Ngati Awa to the Rangitaiki River. For Ngati Awa, traditions such as these represent the links between the world of the gods and present generations. These histories reinforce tribal identity, connection, and continuity between generations and confirm the importance of the Rangitaiki River to Ngati Awa.

The Rangitaiki River has been a treasured taonga and resource for Ngati Awa. Traditionally the Rangitaiki River and, in times past, the associated swamp area have been a source of food as well as a communication waterway. Te Marangaranga were one group that held primacy over the swamp during the pre-migration period. They were principally located in the Rangitaiki valleys of Te Houhi and Te Whaiti. Upon the arrival of the waka Mataatua this group inter-married with the new arrivals.

There were a number of taniwha and tipua (guardian spirits) that lived in and along the Rangitaiki River. One such taniwha was Hakai Atua. Hakai Atua was a taniwha of the Ngati Awa hapu of Ngai Tamaoki and resided close to their kainga. Hakai Atua travelled the river and was a kaitiaki who protected the Ngai Tamaoki people.

Raukawarua was a taniwha who lived at Kokohinau. Raukawarua was supposed to be a kaitiaki of other taniwha that lived in the river, thus Raukawarua became known as the rangatira of Ngati Awa (the chief of the river tribe and of all other river creatures).

Rimurimu was a tipua of the Ngati Awa hapu of Warahoe and Nga Maihi who lived along the Rangitaiki River between Te Teko and Matahina. Rimurimu was only recognisable to the Warahoe hapu and only revealed itself to warn the people of danger. Rimurimu came about after Miro, daughter of Hikareia (a chief of Warahoe), drowned herself after her plan to be with her lover was thwarted. Miro chanted Te Punga i Orohia. A line in the chant refers to her being a rimu. Miro then took the form of Rimurimu.

Hine-i-Wharoa was a tipua in the form of a white eel that lived in the Rangitaiki River. Hine-i-Wharoa was the kaitiaki of all the other eels that lived in the river. Hine-i-Wharoa became the kaitiaki that limited the number of eels that could be caught by the people thereby ensuring that the fishery would survive. No matter how hard the people tried to catch Hine-i-Wharoa to clear the way so they would have unrestricted access to all eels, they could never do so.

In time the Warahoe hapu of Ngati Awa, also descendants of Te Marangaranga, occupied the lands along the Rangitaiki River. Warahoe was also the old name of the Orini Stream that connects the Rangitaiki and Whakatane Rivers. The resources of the Rangitaiki River and swamp area were shared by the hapu of Ngati Awa living in the area. The Ngati Awa hapu of Ngati Pukeko, Ngati Hokopu, and Te Patutatahi occupied the eastern bank of the Rangitaiki River. Te Pahipoto, Nga Maihi, and Te Patutatahi occupied the upper (southern) portion of the river around Te Teko. Te Tawera, Ngai Te Rangihouhiri II, and Ngati Hikakino occupied the western edge of the river. Te Patutatahi had a large grouping of hapu that included Ngati Hinanoa, Ngati Kama, Ngati Hina, Ngai Tapiki, and Te Whanau a Taiwhakaea II. This group occupied the important central reaches of the Rangitaiki River. Te Patutatahi are today known as Ngai Taiwhakaea II. The Rangitaiki River was an essential resource and taonga for those hapu communities from the Ngatamawahine, Pokairoa, Pahekeheke, and Waikowhewhe streams to the original outlet of the river at Matata, where it once converged with the Tarawera River.

A number of settlements have been established by the hapu of Ngati Awa along the Rangitaiki River. Such settlements highlight the connections of Ngati Awa with the Rangitaiki River and their occupation of the river's catchments. One such settlement was Te Putere located on the coast between the Tarawera and Rangitaiki Rivers. Te Putere was a block of land slightly higher than the surrounding swamp area, originally inhabited by Ngati Patuwai and later Te Patutatahi, Te Pahipoto, and Te Patuwai. Inland hapu used Te Putere as a fishing Nohoanga allowing them access to the resources of the lower reaches of the Rangitaiki River and the sea.

Further inland along the Rangitaiki River were the Ngati Awa settlements of Te Kupenga and Te Teko (which remains one of the principal Ngati Awa settlements along the river). Kokohinau Marae is another important Ngati Awa settlement located in the Te Teko area along the bank of the Rangitaiki River. Te Pahipoto are the hapu of Kokohinau. Nga Maihi, Ngati Tamawera, and Ngai Tamaoki also had villages along the river. Ngati Hamua also have their kainga and marae on the banks of the Rangitaiki River. Otipa Pa, occupied at different times by Nga Maihi, Warahoe, and Ngati Hamua, is another Ngati Awa kainga located along the Rangitaiki River.

The Rangitaiki River provided the hapu of Ngati Awa, particularly those living in pa along the river, with abundant food and material resources. Water from the river was used by Ngati Awa to irrigate crops along the riverbanks. Flax and raupo grew well along the river and, in times past, in the swamp ground. These provided materials for clothing, building, and trade for the Ngati Awa hapu. Fish, eels, and birds were also in plentiful supply. Not only did the Rangitaiki River provide the Ngati Awa hapu with food, trade, and building materials but it also allowed easy internal movement for the hapu of Ngati Awa from one end of the rohe to the other and provided refuge in times of danger.

The tipuna had considerable knowledge of whakapapa, traditional trails and tauranga waka, places for gathering kai and other taonga, ways in which to use the resources of the Rangitaiki River, the relationship of people with the river and their dependence on it, and tikanga for the proper and sustainable utilisation of resources. All of these values remain important to the people of Ngati Awa today.

All elements of the natural environment possess a life force and all forms of life are related. Mauri is a critical element of the spiritual relationship of Ngati Awa whanui to the Rangitaiki River.

The Rangitaiki River has always been an integral part of the social, spiritual, and physical lifestyle of the Ngati Awa people.

Purposes of statutory acknowledgement

Under section 41, and without limiting the rest of this schedule, the purposes of this statutory acknowledgement are—

  • (a) to require that relevant consent authorities, the New Zealand Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to the Rangitaiki River, as provided in sections 42 to 44; and

  • (b) to require that relevant consent authorities forward summaries of resource consent applications to the Ngati Awa governance entity as provided in section 46; and

  • (c) to enable the Ngati Awa governance entity and any member of Ngati Awa to cite this statutory acknowledgement as evidence of the association of Ngati Awa to the Rangitaiki River as provided in section 47.

In this statutory acknowledgement, river

  • (a) means—

    • (i) a continuously or intermittently flowing body of fresh water including a stream and modified watercourse; and

    • (ii) the bed of the river; but

  • (b) does not include—

    • (i) any artificial watercourse; or

    • (ii) any part of the bed of the river that is not owned by the Crown; or

    • (iii) any land that the waters of the river do not cover at its fullest flow without overlapping its banks; or

    • (iv) any tributary flowing into the river.

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 41 to 44 and 47

  • (a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

  • (b) no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngati Awa's association with the Rangitaiki River than that person or entity would give under the relevant statute, regulation, or bylaw if this statutory acknowledgement had not been made.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, the Rangitaiki River.

No limitation on the Crown

The existence of this statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement in respect of the Rangitaiki River to a person or persons other than Ngati Awa or a representative entity.


Schedule 12
Statutory acknowledgement for Tarawera River

s 40

Statutory area

The area to which this statutory acknowledgement applies (statutory area) is the river known as the Tarawera River, as shown on SO 61403, South Auckland Land District.

Preamble

Under section 40, the Crown acknowledges Ngati Awa's statement of Ngati Awa's cultural, spiritual, historical, and traditional association to the Tarawera River as set out below.

Cultural, spiritual, historical, and traditional association of Ngati Awa with statutory area

The traditions of Ngati Awa illustrate the cultural, historical, and spiritual association of Ngati Awa to the Tarawera River. For Ngati Awa, traditions such as these represent the links between the world of the gods and present generations. These histories reinforce tribal identity, connection, and continuity between generations and confirm the importance of the Tarawera River to Ngati Awa.

The Tarawera River was created by the tears of Tarawera. Tarawera yearned for her husband, Putauaki, who left her for the island of Moutohora. In ancient times before the arrival of the waka Mataatua the banks of the Tarawera River were inhabited by ancestors of Ngati Awa including Te Tini o Toi, Te Tini o Awa, and Te Tini o Kawerau. In more modern times, but long before the arrival of Europeans, hapu such as Ngai Te Rangihouhiri II, Ngati Hikakino, and Te Tawera utilised the resources of the river and occupied its banks.

A number of tipua (guardian spirits) and taniwha of special significance to Ngati Awa inhabited the Tarawera River. Taratua was one such taniwha. This feared taniwha of Ngati Awa lived at Ruataniwha. In ancient times Taratua terrorised and devoured people attempting to travel along the river. Taratua was later killed by an ancestor of Ngati Awa named Iratumoana. The story of Taratua is well known and features the Ngati Awa tipuna Iratumoana, who was successful in killing the feared taniwha.

Te Awa a Te Atua is the name of the mouth of the Tarawera River. When the Mataatua waka arrived at Te Awa a Te Atua, Wairaka bathed at the river mouth. While Wairaka was swimming she was overcome with her menstruation. Her father, Toroa, chief of the Mataatua waka saw blood floating down the river and asked whose godly blood it was. Wairaka confirmed that it was her blood and Toroa named the river mouth Te Awa a Te Atua (the river of the Gods).

The people of Ngati Awa lived in many villages located along the banks of the Tarawera River. The riverbanks thus became the repository of many koiwi tangata. Urupa are the resting places of Ngati Awa tipuna and, as such, are the focus of whanau traditions. Urupa and wain tapu are places holding the memories, traditions, victories, and defeats of Ngati Awa tipuna, and are frequently protected in secret locations. All elements of the natural environment possess a life force and all forms of life are related. Mauri is a critical element of the spiritual relationship of Ngati Awa whanui to the Tarawera River.

Awaiti is a well-known Ngati Awa wahi tapu along the Tarawera River. Awaiti was named by the Ngati Awa chief Tihori when he released the two taniwha Tutarakauika and Tupai into the Tarawera River. These two taniwha formed the Komutumutu River, which connects the Rangitaiki and Tarawera Rivers. The Komutumutu River flows into the Tarawera River (the smaller river), hence the name, Te Awaiti o Tihori. Another site near the Tarawera River named by Tihori was Kopai o Piko. Kopai o Piko was named when Tihori found out that his wife had been unfaithful to him and he decided to leave Matahina. Tihori built a waka, Whakapaukarakia, and he left the district via the Rangitaiki River and then through Komutumutu into the Tarawera River and finally out at Te Awa a Te Atua. The two taniwha, Tutarakauika and Tupai, dug out a channel which enabled Tihori to travel to Te Awa a Te Atua. The channel they created formed bends in the land that established the Komutumutu River, hence the name Kopai o Piko.

Te Tatau o Hape is another wahi tapu of Ngati Awa at the Tarawera Falls. Hape was a great ancestor of Ngati Awa who went in search of greenstone. Hape travelled along the Tarawera River during his journey. When Hape arrived at the Tarawera Falls, he placed a huge boulder in the path of the Tarawera River, hence the Maori name of the Tarawera Falls, Te Tatau a Hape (the door of Hape).

The Tarawera River was a major food and water resource to the Ngati Awa people both prior to and since the arrival of the Mataatua waka. Ngati Awa people resided in a number of pa sites located along the riverbank. Such sites are significant to Ngati Awa and illustrate Ngati Awa connections to the Tarawera River. A sacred pa site along the Tarawera River is Parawai. Parawai was one of the pa of Te Tawera hapu of Ngati Awa. Parawai was the site of many battles between Ngati Awa and other iwi. Another important pa of Ngati Awa was Te Kohika. This was located toward the coast and near the island pa of Te Matata and Omarupotiki and was used to access the reefs at the mouth of the river. Omataroro was another important Ngati Awa pa near the Tarawera River. Ngati Awa watched over and protected the Tarawera River from such pa.

From time to time other hapu such as Ngati Pukeko and Ngati Hamua also lived along the Tarawera River near its mouth.

The Tarawera River provided an abundance of fish, eels, kakahi, and whitebait for the hapu of Ngati Awa. The junction of the Waikamihi Stream and the Tarawera River was an important fishing location for whitebait, eels, and other fish for Te Tawera hapu of Ngati Awa. As well as being an abundant source of food for the hapu of Ngati Awa, the Tarawera River was also used as a highway to assist the transportation of materials and people up and down the river. Waka that travelled up and down the Tarawera River were launched at Okauneke.

The tipuna had considerable knowledge of whakapapa, traditional trails and tauranga waka, places for gathering kai and other taonga, ways in which to use the resources of the Tarawera River, the relationship of people with the river and their dependence on it, and tikanga for the proper and sustainable utilisation of its resources. All of these values remain important to the hapu of Ngati Awa today.

Purposes of statutory acknowledgement

Under section 41, and without limiting the rest of this schedule, the purposes of this statutory acknowledgement are—

  • (a) to require that relevant consent authorities, the New Zealand Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to the Tarawera River, as provided in sections 42 to 44; and

  • (b) to require that relevant consent authorities forward summaries of resource consent applications to the Ngati Awa governance entity as provided in section 46; and

  • (c) to enable the Ngati Awa governance entity and any member of Ngati Awa to cite this statutory acknowledgement as evidence of the association of Ngati Awa to the Tarawera River as provided in section 47.

In this statutory acknowledgement, river—

  • (a) means—

    • (i) a continuously or intermittently flowing body of fresh water, including a stream and modified watercourse, and

    • (ii) the bed of the river; but

  • (b) does not include—

    • (i) any artificial watercourse; or

    • (ii) any part of the bed of the river that is not owned by the Crown; or

    • (iii) any land that the waters of the river do not cover at its fullest flow without overlapping its banks; or

    • (iv) any tributary flowing into the river.

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 41 to 44 and 47

  • (a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

  • (b) no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngati Awa's association with the Tarawera River than that person or entity would give under the relevant statute, regulation, or bylaw if this statutory acknowledgement had not been made.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, the Tarawera River.

No limitation on the Crown

The existence of this statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement in respect of the Tarawera River to a person or persons other than Ngati Awa or a representative entity.


Schedule 13
Statutory acknowledgement for Te Kaokaoroa Historic Reserve

s 40

Statutory area

The area to which this statutory acknowledgement applies (statutory area) is the area known as Te Kaokaoroa Historic Reserve, as shown on SO 61402, South Auckland Land District.

Preamble

Under section 40, the Crown acknowledges Ngati Awa's statement of Ngati Awa's cultural, spiritual, historical, and traditional association to Te Kaokaoroa Historic Reserve as set out below.

Cultural, spiritual, historical, and traditional association of Ngati Awa with statutory area

It is the historical traditions of Ngati Awa that illustrate the cultural and spiritual association of Ngati Awa to Te Kaokaoroa. For Ngati Awa, traditions such as these represent the links between the world of the gods and present generations. These histories reinforce tribal identity, solidarity, and continuity between generations and document the events which shaped the environment of Te Kaokaoroa and Ngati Awa as an iwi.

A significant event in the history of Ngati Awa was the arrival of the waka Mataatua to Aotearoa. Toroa, the chief of Mataatua, is acknowledged as one of the principal ancestors of Ngati Awa. When the Mataatua canoe made landfall at Te Awa o Te Atua (Matata), Toroa, observing that the shore line from the river mouth right across to Otamarakau was like a rib bone, named it Te Kaokaoroa o Toroa (the long rib of Toroa). Over time a number of pa sites and wahi tapu of Ngati Awa hapu, including Ngai Te Rangihouhiri II, Ngati Hikakino, and Te Tawera, developed along Te Kaokaoroa o Toroa. The pa sites included Mokaingarara and Te Matata (near Matata) and Nohonoho, Hauone, and Te Paripari (towards Otamarakau). The wahi tapu included Arakino and Te Awatarariki. Te Kaokaoroa Reserve is part of this landscape named by Toroa.

Te Kaokaoroa Reserve is sacred to several hapu of Ngati Awa including Ngai Te Rangihouhiri II, Ngati Hikakino, and Te Tawera, because it commemorates a great battle between Government forces and the Tai Rawhiti force along Te Kaokaoroa o Toroa coastline in 1864.

The Tai Rawhiti force was a collection of armies of the East Coast tribes who intended to travel to Waikato to support the Kingitanga to defend the invasion of their lands by Government forces and European settlers. The Tai Rawhiti force included Ngati Awa, Whakatohea, Tuhoe, Te Whanau-a-Apanui, and Ngati Porou.

The Tai Rawhiti forces established a camp on the eastern side of the Waihi lagoon at Maketu. The joint Crown and Te Arawa force set up camp on the western side. The stalemate was broken with the arrival of two Government warships, the HMS Falcon and HMS Sandfly. The ships began shelling the Tai Rawhiti forces who were then forced to retreat towards Otamarakau. The battle of Te Kaokaoroa ensued. Many of the Tai Rawhiti force lost their lives. The dead included those of Whakatohea, Te Whanau-a-Apanui, Ngati Porou, and Ngati Awa.

Te Kaokaoroa Reserve is the resting place of Te Rangi-i-paea, a chief of Ngati Hikakino, who was killed at the battle of Te Kaokaoroa. Many unnamed dead of Ngai Te Rangihouhiri II, Ngati Hikakno, Te Tawera, and other hapu of Ngati Awa were buried at this site by Hori Kawakawa and other Ngati Awa chiefs. Hoera-tama-titahi, chief of the Ngati Porou contingent that was part of the Tai Rawhiti Force, also lies buried at Te Kaokaoroa.

Te Kaokaoroa is therefore the repository of many koiwi tangata. Urupa are the resting places of Ngati Awa tipuna and, as such, are the focus of whanau traditions. Urupa and wahi tapu are places holding the memories, traditions, victories, and defeats of Ngati Awa tipuna, and are frequently protected in secret locations.

The mauri of Te Kaokaoroa Reserve represents the essence that binds the physical and spiritual elements of all things together, generating and upholding life. All elements of the natural environment possess a life force and all forms of life are related. Mauri is a critical element of the spiritual relationship of Ngati Awa whanui to Te Kaokaoroa.

Purposes of statutory acknowledgement

Under section 41, and without limiting the rest of this schedule, the purposes of this statutory acknowledgement are—

  • (a) to require that relevant consent authorities, the New Zealand Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to Te Kaokaoroa Historic Reserve, as provided in sections 42 to 44; and

  • (b) to require that relevant consent authorities forward summaries of resource consent applications to the Ngati Awa governance entity as provided in section 46; and

  • (c) to enable the Ngati Awa governance entity and any member of Ngati Awa to cite this statutory acknowledgement as evidence of the association of Ngati Awa to Te Kaokaoroa Historic Reserve as provided in section 47.

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 41 to 44 and 47

  • (a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

  • (b) no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngati Awa's association with Te Kaokaoroa Historic Reserve than that person or entity would give under the relevant statute, regulation, or bylaw if this statutory acknowledgement had not been made.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, Te Kaokaoroa Historic Reserve.

No limitation on the Crown

The existence of this statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement in respect of Te Kaokaoroa Historic Reserve to a person or persons other than Ngati Awa or a representative entity.


Schedule 14
Statutory acknowledgement for Former Matahina A5 Block

s 40

Statutory area

The area to which this statutory acknowledgement applies (statutory area) is the area known as Former Matahina A5 Block, as shown on SO 61685, South Auckland Land District.

Preamble

Under section 40, the Crown acknowledges Ngati Awa's statement of Ngati Awa's cultural, spiritual, historical, and traditional association to Former Matahina A5 Block as set out below.

Cultural, spiritual, historical, and traditional association of Ngati Awa with statutory area

It is the historical traditions of Ngati Awa such as whakapapa, waiata, korero, and whakairo that illustrate the cultural and spiritual association of Ngati Awa to Matahina A5. These histories link the present generations of Ngati Awa with their ancestors and the atua of the natural world such as Ranginui, Papatuanuku, and Tane. These traditions form the foundation of the identity of Ngati Awa as an iwi. Some of these important historical traditions are recorded below.

Ngati Awa tipuna whakapapa to various pre-migration iwi including Te Hapuoneone, Maruiwi, Nga Potiki, Nga Maihi, Te Marangaranga, Te Tini o Toi, and Te Tini o Kawerau. From time to time, these groups also traversed the lands, rivers, mountains, and forests of the Eastern Bay of Plenty region including the Matahina Valley. Prior to the arrival of tauiwi (European settlers), the tipuna of Ngati Awa established important communities all along the banks of the principal rivers of the region, including the Rangitaiki. The ancestors of Nga Maihi, Warahoe, Ngati Hamua, Ngai Tamaoki, Ngai Taipoti, Ngati Ahi, Ngai Taiwhakaea, Te Tawera, and Ngati Pukeko had settlements over the Matahina blocks and along the Rangitaiki River including the pa at Otipa.

The rich soils and waterways of the Rangitaiki and the Matahina Valley provided Ngati Awa hapu with an abundance of food (birds, animals, fish), building materials, material for clothing, and cultivation sites. As communities became established around pa and kainga, like those of Ngati Awa along the banks of the Rangitaiki River, so too did the need for urupa (burying places). Urupa are the resting places of Ngati Awa tipuna and, as such, are the focus of whanau traditions. Urupa and wahi tapu are places holding the memories, traditions, victories, and defeats of Ngati Awa tipuna. Many battles were fought between Ngati Awa and other iwi in the Matahina region and even further inland over several centuries, despite their close whakapapa and kin relationships. Ngati Awa were often successful in those conflicts but sometimes suffered temporary defeats at the hands of other iwi and hapu. Hostilities between Ngati Awa and other iwi continued for several decades following the arrival of the first settlers and missionaries to the area. Matahina A5 is an urupa site in the far north of the former Matahina block. Once near the Rangitaiki River since the late 1960s it has been partially submerged within Lake Matahina.

As a consequence of settlement patterns, warfare, and migrations, many Ngati Awa hapu have dead buried in what became Matahina A5 including Nga Maihi, Warahoe, Ngati Hamua, Ngai Tamaoki, Ngai Taipoti, Ngati Ahi, Ngai Taiwhakaea, Te Tawera, and Ngati Pukeko. Ngati Awa have maintained strong connections in their custodianship role over this urupa across many generations. Matahina A5 is therefore an ancient and important urupa for the hapu of Ngati Awa.

According to Ngati Awa traditions, after the arrival of Europeans Te Rangitukehu restored Warahoe and Ngati Hamua to the Matahina area as an act of aroha for those hapu, including those who were and remain part of Ngati Awa. They had previously been driven away by Te Rangitukehu and his tipuna in the inter-iwi and hapu conflicts of an earlier era. It was on account of the gift from Te Rangitukehu that Ngati Awa say other iwi and hapu were permitted to re-settle in the Matahina region.

In 1881 and 1884, the Native Land Court recognised the customary interests of Ngati Awa in Matahina A5 and a nearby urupa, Matahina A4, by vesting those wahi tapu in Te Rangitukehu Hatua and Te Whaiti Paora as trustees. Te Rangitukehu, as one of the leading rangatira of Ngati Awa at that time, undertook the principal kaitiaki role over Matahina A5 on behalf of the iwi in accordance with Ngati Awa custom. During the 20th century Ngati Awa continued to maintain their custodianship over Matahina A5 without interference from other iwi and hapu.

In the 1960s, using public works legislation, the Crown took land from Ngati Awa including Matahina A5 to create the Matahina Lake and power project and Te Mahoe village. During the construction of Matahina Dam, the Crown advised that it intended to destroy parts of Matahina A5. The elders of Ngati Awa at the time, while expressing dismay at these proposals, acted to ensure the koiwi tangata were protected and removed them from those burial sites including Matahina A5 that were threatened by the power project. Even though the title of Matahina A5 was taken from Ngati Awa, the site remains a sacred urupa and wahi tapu for the iwi.

Purposes of statutory acknowledgement

Under section 41, and without limiting the rest of this schedule, the purposes of this statutory acknowledgement are—

  • (a) to require that relevant consent authorities, the New Zealand Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to Former Matahina A5 Block, as provided in sections 42 to 44; and

  • (b) to require that relevant consent authorities forward summaries of resource consent applications to the Ngati Awa governance entity as provided in section 46; and

  • (c) to enable the Ngati Awa governance entity and any member of Ngati Awa to cite this statutory acknowledgement as evidence of the association of Ngati Awa to Former Matahina A5 Block as provided in section 47.

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 41 to 44 and 47

  • (a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

  • (b) no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngati Awa's association with Former Matahina A5 Block than that person or entity would give under the relevant statute, regulation, or bylaw if this statutory acknowledgement had not been made.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, Former Matahina A5 Block.

No limitation on the Crown

The existence of this statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement in respect of Former Matahina A5 Block to a person or persons other than Ngati Awa or a representative entity.


Schedule 15
Place names

ss 115, 116

1
Name to be altered

Name to be altered
Existing place nameLocationNew name
Volkner Rocks260–W15 v13/14: Grid reference 758 054Te Paepae o Aotea
Awateatua Beach260–V 15: Grid reference 405 617Te Awa a to Atua Beach

2
Name to be assigned

Names to be assignedLocation
Te Waiu o Pukemaire/Braemar Springs260-V15: Grid reference 387 527

Schedule 16
Ancillary claims settlement land

s 161

LandDescriptionEncumbrances
PukaahuSouth Auckland Land District—Whakatane DistrictSubject to lease H170889 referred to in section 164(4)(a)
 10.3035 hectares, more or less, being Part Allotment 171 and Allotment 172 Parish of Rangitaiki. Balance Computer Freehold Register SA 1068/200 
 4.4465 hectares, more or less, being Allotment 173 Parish of Rangitaiki. All Computer Freehold Register SA 1068/199 
 8436 square metres, more or less, being Part Allotment 174 Parish of Rangitaiki. Balance Computer Freehold Register SAl216/23 
Rangitaiki 60C settlement landSouth Auckland Land District—Whakatane District 
 23.3667 hectares, more or less, being Section 1 SO 342394. Part Proclamation 193727Subject to the drainage easement shown marked A on SO 342394, and the natural gas pipeline easement shown marked B on SO 342394. As referred to in section 165
 16.1806 hectares, more or less, being Section 2 SO 342394. Part Proclamation S.416063 and Part Proclamation 193727Subject to the natural gas pipeline easement shown marked C on SO 342394. As referred to in section 165
Waiohau settlement landSouth Auckland Land District—Whakatane District 
 20.0648 hectares, more or less, being Section 1 SO 41434. All Proclamation S.241231 

Legislative history

11 August 2004Introduction (Bill 175-1)
31 August 2004First reading and referral to Maori Affairs Committee
8 December 2004Reported from Maori Affairs Committee (Bill 175-2)
15, 16 February, 1 March 2005Committee of whole House (Bill 175-3)
17 March 2005Third reading