Te Arawa Lakes Settlement Act 2006

11 Interpretation

In this Act, unless the context otherwise requires,—

1922 agreement means the agreement entered into by Te Arawa and the Crown in 1922 in relation to the Te Arawa lakes and implemented in part by section 27 of the Native Land Amendment and Native Land Claims Adjustment Act 1922

1922 arrangements—

(a)

means the 1922 agreement and its subsequent implementation; but

(b)

does not include matters in that agreement relating to Lake Rotokakahi

annuity means the annuity originating under the 1922 arrangements and paid to the Arawa Māori Trust Board under section 4(2) of the Maori Trust Boards Act 1955

aquatic life, except as defined in section 72(2), has the same meaning as in section 2(1) of the Conservation Act 1987

Arawa Māori Trust Board and Board mean the Board referred to in section 4(1) of the Maori Trust Boards Act 1955

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 on 25 December in any year and ending with the close of 15 January in the following year; and

(ba)

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

(c)

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

cadastral survey dataset has the same meaning as in section 4 of the Cadastral Survey Act 2002

conservation document means a national park management plan, conservation management strategy, or conservation management plan

conservation legislation means the Conservation Act 1987 and the enactments listed under Schedule 1 of that Act

Crown has the same meaning as in section 2(1) of the Public Finance Act 1989

Crown stratum means the space occupied by water and the space occupied by air above each Te Arawa lakebed

Cultural Redress Schedule means Schedule 2 of the deed

customary food gathering has the meaning set out in section 72(1)

customary rights has the meaning set out in section 12(3)

deed of settlement and deed—

(a)

mean the deed of settlement dated 18 December 2004 and signed by—

(i)

the Minister in charge of Treaty of Waitangi Negotiations, the Honourable Margaret Wilson, and the Minister of Māori Affairs, the Honourable Parekura Horomia, for the Crown; and

(ii)

Andrew Wharehuia Rangiheuea, Poiti Arama Karaka Pirika, and Roku Adrian Mihinui, by affixing the common seal of the Arawa Māori Trust Board for the Board and for and on behalf of Te Arawa; and

(b)

include—

(i)

the schedules, comprising the Relationship Schedule, Cultural Redress Schedule, Deed of Covenant, and Schedule of Attached Plans; and

(ii)

any attachments; and

(iii)

the deed to amend the deed of settlement dated 15 February 2006 and signed by—

(A)

the Minister in charge of Treaty of Waitangi Negotiations, the Honourable Mark Burton, and the Minister of Māori Affairs, the Honourable Parekura Horomia, for the Crown; and

(B)

Andrew Wharehuia Rangiheuea, William Emery, and Putu Mihaka, as Trustees of the Te Arawa Lakes Trust, for and on behalf of Te Arawa; and

(C)

Andrew Wharehuia Rangiheuea, Poiti Arama Karaka Pirika, and Roku Adrian Mihinui, by affixing the common seal of the Arawa Māori Trust Board for the Board; and

(iv)

subject to section 81, any other amendments to the deed, its schedules, or its attachments

DOC protocol means a protocol issued under section 52 by the Minister of Conservation that—

(a)

sets out how the Department of Conservation and the Trustees of the Te Arawa Lakes Trust will interact on the matters specified in the protocol; and

(b)

is in the form set out in Part 2 of the Relationship Schedule or as the protocol is amended under section 52

DOC protocol area means—

(a)

the Te Arawa lakes, as identified in attachment A of the DOC protocol set out in Part 2 of the Relationship Schedule; and

(b)

the streams and rivers flowing into the Te Arawa lakes, to the extent specifically provided for in clauses 9 and 10 of the DOC protocol; and

(c)

the lands adjoining the lakes that are administered by the Department of Conservation, to the extent specifically provided for in clause 11 of the DOC protocol

effective date has the meaning set out in section 59

encumbrance means the rights or restrictions set out in the third column of Schedule 1

environment protocol means the protocol issued under section 52 by the Minister for the Environment that—

(a)

sets out how the Ministry for the Environment and the Trustees of the Te Arawa Lakes Trust will interact on the matters specified in the protocol; and

(b)

is in the form set out in Part 2 of the Relationship Schedule or as the protocol is amended under section 52

environment protocol area—

(a)

means the Te Arawa lakes, as identified in attachment A of the environment protocol set out in Part 2 of the Relationship Schedule; and

(b)

includes the catchments of those lakes and any lands in the vicinity of the lakes, to the extent specifically provided for in clauses 7 to 11 of the environment protocol

existing commercial activity has the meaning set out in section 36(1) and (2)

existing structure has the meaning set out in section 33(1)

fisheries legislation means—

(a)

the Fisheries Act 1996:

(b)

regulations made under that Act or under the Fisheries Act 1983

fisheries protocol means the protocol issued by the Minister of Fisheries under section 52 that—

(a)

sets out how the Ministry of Fisheries and the Trustees of the Te Arawa Lakes Trust will interact on the matters specified in the protocol; and

(b)

is in the form set out in Part 2 of the Relationship Schedule or as the protocol is amended under section 52

fisheries protocol area means—

(a)

the Te Arawa lakes, as identified in attachment A of the fisheries protocol set out in Part 2 of the Relationship Schedule; and

(b)

the streams and rivers flowing into the Te Arawa lakes, to the extent specifically provided for in clauses 6 to 8 of the fisheries protocol

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2014

included species has the meaning set out in section 72(1)

inclusion date means the date that is 20 business days after the date on which Part 44 of the Statutes Amendment Act 2019 comes into force

initial trustees means the members of the Arawa Māori Trust Board holding office at the date of the trust deed

local authority has the same meaning as in section 5(1) of the Local Government Act 2002

member of Te Arawa means an individual referred to in section 12(1)(b)

protected New Zealand objects protocol means a protocol issued under section 52 by the Minister for Arts, Culture and Heritage that—

(a)

sets out how the chief executive of the Ministry for Culture and Heritage and the Trustees of the Te Arawa Lakes Trust will interact on the matters specified in that protocol; and

(b)

is in the form set out in Part 2 of the Relationship Schedule or as the protocol is amended under section 52

protected New Zealand objects protocol area means the Te Arawa lakes, as identified in attachment A of the protected New Zealand objects protocol

protocol means a protocol entered into in accordance with the provisions of subpart 2 of Part 3

public utility and public utility authority have the meanings set out in section 37

recreational activity has the meaning set out in section 32(1)

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

Relationship agreement means the agreement set out in Part 3 of the Relationship Schedule, or as amended in the manner provided for in the agreement

Relationship Schedule means Schedule 1 of the deed, comprising—

(a)

the Rotorua Lakes Strategy Group agreement; and

(b)

the protocols; and

(c)

the Relationship agreement

representative entity means—

(a)

the Trustees of the Te Arawa Lakes Trust:

(b)

a person appointed as an agent for Te Arawa under clause 3.7 of the deed:

(c)

a person (including a trustee) acting for, or on behalf of,—

(i)

the collective group referred to in section 12(1)(a):

(ii)

1 or more of the iwi, hapū, groups, families, or whānau referred to in section 12(1)(b):

(iii)

1 or more members of Te Arawa

reserve site has the meaning set out in section 20(1)

resource consent has the same meaning as in section 2(1) of the Resource Management Act 1991

responsible Minister means, in subpart 2 of Part 3, one of the following Ministers:

(a)

the Minister of Conservation:

(b)

the Minister of Fisheries:

(c)

the Minister for Arts, Culture and Heritage:

(d)

the Minister for the Environment:

(e)

any other Minister of the Crown who is authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 2 of Part 3

responsible Ministry means, in subpart 2 of Part 3, one of the following departments of State:

(a)

the Department of Conservation:

(b)

the Ministry of Fisheries:

(c)

the Ministry for Culture and Heritage:

(d)

the Ministry for the Environment:

(e)

any other department of State authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 2 of Part 3

Rotorua lakes has the meaning set out in section 47

Rotorua Lakes Strategy Group and Group have the meaning set out in section 47

Rotorua Lakes Strategy Group agreement means the agreement dated 8 October 2004 and set out in Part 1 of the Relationship Schedule, or as amended in the manner provided for in the agreement

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

statement of association has the meaning set out in section 59

statutory acknowledgement has the meaning set out in section 59

statutory area has the meaning set out in section 59

statutory plan has the meaning set out in section 59

submerged land means land that, at the settlement date or the inclusion date (as the case may be),—

(a)

would be covered by the waters of the relevant lake—

(i)

at that lake’s highest level without exceeding its margin, in the case of a lake not controlled by artificial means; or

(ii)

at that lake’s maximum operating level, as prescribed from time to time by any resource consent or rule of a regional plan or proposed plan, in the case of a lake controlled by artificial means; and

(b)

has not been reclaimed from the relevant lake (by any method of displacing lake water with soil, sand, or other material), whether or not that reclamation was lawful

sustainable utilisation has the meaning set out in section 72(1)

Te Arawa has the meaning set out in section 12(1)

Te Arawa ancestor and ancestor mean an individual who, at any time after 6 February 1840, exercised customary rights in relation to the Te Arawa lakes by reason of being descended from a recognised ancestor of an iwi or hapū of Te Arawa

Te Arawa fisheries area has the meaning set out in section 72(1)

Te Arawa lakebed means, in respect of each Te Arawa lake, the stratum comprising the land defined by the legal description for that lakebed, as set out in the second column of Schedule 1, including the subsoil beneath that land and plants attached to that land, but excluding—

(a)

the Crown stratum; and

(b)

any submerged land not owned by the Crown; and

(c)

any land that is not submerged land, whether or not owned by the Crown, including any island in the relevant lake; and

(d)

any aquatic life in the relevant lake, except plants attached to that lakebed; and

(e)

any existing structure situated in or on that lakebed (or in the Crown stratum); and

(f)

the Ohau Channel between Lakes Rotorua and Rotoiti

Te Arawa lakes—

(a)

means Lakes Ngāhewa, Ngāpouri (also known as Ōpouri), Ōkareka, Ōkaro (also known as Ngākaro), Ōkataina, Rerewhakaaitu, Rotoehu, Rotoiti, Rotomā, Rotomahana, Rotorua, Tarawera, Tikitapu, and Tutaeinanga; and

(b)

includes the water, fisheries, and aquatic life in those lakes; but

(c)

does not include the islands in those lakes or the land abutting or surrounding those lakes

Te Arawa lakes historical claims has the meaning set out in section 13

Te Arawa lakes remaining annuity issues has the meaning set out in section 14

Te Arawa Lakes Trust and Trust mean the trust established by the trust deed

te Tiriti o Waitangi (the Treaty of Waitangi) has the same meaning as the term Treaty in section 2 of the Treaty of Waitangi Act 1975

trust deed means the trust deed establishing the Te Arawa Lakes Trust dated 22 August 2005 and signed by the initial trustees

Trustees of the Te Arawa Lakes Trust and Trustees mean the trustees appointed or replaced from time to time in accordance with the Second Schedule of the trust deed, and, until the appointment or replacement of trustees in accordance with the trust deed, include the initial trustees

water has the same meaning as in section 2(1) of the Resource Management Act 1991.

Section 11 business day paragraph (ba): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 11 Heritage New Zealand Pouhere Taonga: inserted, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 11 Historic Places Trust: repealed, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 11 inclusion date: inserted, on 24 October 2019, by section 158(3) of the Statutes Amendment Act 2019 (2019 No 56).

Section 11 submerged land: amended, on 24 October 2019, by section 158(1) of the Statutes Amendment Act 2019 (2019 No 56).

Section 11 Te Arawa lakebed: amended, on 24 October 2019, by section 158(2) of the Statutes Amendment Act 2019 (2019 No 56).