Ngāti Awa Claims Settlement Act 2005

Reprint as at 30 January 2021

Coat of Arms of New Zealand

Ngāti Awa Claims Settlement Act 2005

Public Act
 
2005 No 28
Date of assent
 
24 March 2005
Commencement
 
see section 2
Note

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

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

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

Contents

Preamble
1Title
2Commencement
3Purpose
4Act binds the Crown
5Outline
6Acknowledgements and apology
7Text of acknowledgements in Māori—He Whakaaetanga na te Karauna
8Text of acknowledgements in English
9Text of apology in Māori—Ko te Whakapāha a te Karauna
10Text of apology in English
11Interpretation of Act generally
12Interpretation
13Meaning of Ngāti Awa
14Meaning of Ngāti Awa historical claims
15Settlement of Ngāti Awa historical claims final
16Jurisdiction of Tribunal to consider claims [Repealed]
17Certain enactments do not apply
18Removal of resumptive memorials
19Limit on duration of trusts does not apply
20Timing of actions or matters
21Authority to issue, amend, or cancel protocols
22Protocols subject to the Crown’s obligations
23Enforceability of protocols
24Limitation of rights
25Noting of DOC protocol
26Noting of fisheries protocol
27Interpretation
28Kohi Point Walkway
29Kāpūterangi
30Te Paripari Pā
31Otitapu Pā
32Te Toangapoto
33Te Ihukatia
34Whakapaukorero
35Former Matahina A4 Block
36Intermediate vesting of certain land in Crown
37Vesting subject to encumbrances
38Registration of ownership
39Application of other enactments
40Statutory acknowledgements by the Crown
41Purposes of statutory acknowledgements
42Consent authorities must have regard to statutory acknowledgements
43Environment Court to have regard to statutory acknowledgements
44Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
45Recording statutory acknowledgements on statutory plans
46Distribution of resource consent applications to Ngāti Awa governance entity
47Use of statutory acknowledgement
48Authorisation to enter into and amend deeds of recognition
49Purpose of deed of recognition
50Termination of deeds of recognition
51Crown management
52Statutory acknowledgements in relation to rivers
53Deeds of recognition for rivers
54Crown not precluded from granting other statutory acknowledgements or deeds of recognition
55Exercise of powers, duties, and functions not affected
56Rights not affected
57Limitation of rights
58Amendment to Resource Management Act 1991
59Interpretation
60Appointment of members of joint advisory committee
61Constitution of joint advisory committee
62Functions of joint advisory committee
63Advice on retained sites
64Advice on Whakapaukorero
65Meetings of committee
66Vacancy in membership of committee
67Costs and expenses of committee
68Change in ownership of retained sites
69Minister must consult with committee before exercising powers in relation to certain matters
70Section 9 of Reserves Act 1977 not to apply
71Interpretation
72Appointment of members of joint management committee
73Constitution of joint management committee
74Powers and functions delegated to joint management committee
75Functions of joint management committee
76Advice on conservation matters
77Committee to be Conservation Board for jointly managed sites
78Meetings of committee
79Vacancy in membership of committee
80Remuneration of members
81Amendment to Fees and Travelling Allowances Act 1951
82Costs and expenses of committee
83Minister may discharge committee or appoint new committees
84Minister must consult committee before exercising powers in relation to certain matters
85Section 9 of Reserves Act 1977 not to apply
86Extraction of hangi stones from Moutohorā (Whale Island) Wildlife Management Reserve
87Amendment to section 8 of Crown Minerals Act 1991
88Interpretation
89Grant and renewal of Nohoanga entitlements
90Notification of Nohoanga entitlement
91Terms and conditions of Nohoanga entitlement may be varied
92Purpose of Nohoanga entitlements
93Occupation of Nohoanga entitlements by members of Ngāti Awa
94Period of occupation of Nohoanga entitlements
95Right to erect temporary dwellings
96Condition of land when occupation ceases
97Activities on entitlement land
98Nohoanga entitlements must not impede public access
99The Crown’s functions to continue
100Nohoanga entitlement does not restrict the Crown’s right to alienate land
101Ngāti Awa governance entity may enforce rights against other persons
102The Crown’s obligation to provide lawful access
103Compliance with laws, bylaws, and land and water management practices
104Rights of Ngāti Awa governance entity under Nohoanga entitlement not assignable
105Suspension of Nohoanga entitlement
106Termination of Nohoanga entitlement
107Termination of Nohoanga entitlement for breach of obligations
108Notification of termination of Nohoanga entitlement
109Rights of other parties not affected
110No creation of rights in entitlement land
111Part 3B of Conservation Act 1987 not to apply
112Local Government (Rating) Act 2002
113Section 44 of Reserves Act 1977 not to apply
114Section 11 and Part 10 of Resource Management Act 1991 not to apply
115Change of names: general
116Change of name of Thornton Lagoon Wildlife Management Reserve
117Interpretation
118Preferential right to purchase authorisations
119Limit on proportion of authorisations able to be purchased
120Ngāti Awa governance entity treated as having made tender
121Exercise of powers, duties, and functions
122Rights not affected
123Limitation of rights
124Interpretation
125Whakatāne Airport land may be vested in Ngāti Awa governance entity
126Matters relating to vesting under section 125
127Notice to interest holders
128No change in classification or purpose
129Amendment of computer register
130Creation of computer register
131Titles to be noted
132Application of other enactments
133Whakatāne Airport land may be treated as settlement property
134Transfer of commercial redress properties
135Minister of Conservation may grant easements
136Creation of computer register
137Application of other enactments
138Roadways and rights of way
139Interpretation
140Redress licensed land ceases to be Crown forest land
141Ngāti Awa governance entity confirmed beneficiary of redress licensed land
142Effect of Crown forestry licences on redress licensed land
143Right of access over redress licensed land
144Right of access subject to Crown forestry licence
145Right of access must be noted on title
146Interpretation
147Right of access over Ngāti Awa land
148Requirements relating to right of access if Ngāti Awa land transferred
149Removal of notation from computer freehold register
150Application of section 147
151Effect of right of access on Crown forestry licences
152Ōhope Beach Holiday Park land
153Modifications to Conservation Act 1987 in respect of Site A
154Interpretation
155Registration of land in name of Awanuiārangi II
156Rights, powers, and duties of Ngāti Awa governance entity if land registered in name of Awanuiārangi II
157Direction that land be noted as protected land
158Evidence of proper direction
159Application of other enactments to protected land
160Amendment to section 51 of Crown Minerals Act 1991
161Interpretation
162Meaning of Pukaahu, Rangitaiki 60C, and Waiohau historical claims
163Meaning of Pukaahu claimants, Rangitaiki 60C claimants, and Waiohau claimants
164Vesting of Pukaahu
165Vesting of Rangitaiki 60C settlement land
166Vesting of Waiohau settlement land
167Registration of ownership: Pukaahu
168Registration of ownership: Rangitaiki 60C settlement land and Waiohau settlement land
169Application of other enactments
170Termination of Pukaahu governance entity
Reprint notes