The purpose of this Act is—

This Act binds the Crown.

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 or of the deed of settlement.

The preamble summarises the historical account set out in Part 7 of the deed of settlement.

This Part, which follows the Title and commencement sections,—

Parts 2 and 3 provide for cultural redress and include provisions relating to the following matters:

Part 4 provides for commercial redress and includes provisions relating to the following matters:

There are 7 schedules that—

Sections 7 and 8 record the acknowledgements and the apology given by the Crown to the Affiliate in the deed of settlement.

The text of the acknowledgements, as set out in the deed of settlement, is as follows:

The Crown acknowledges that it has failed to deal with the longstanding grievances of the Affiliate in an appropriate way and that recognition of the grievances of the Affiliate is long overdue.

The Crown acknowledges that—

The Crown acknowledges that the combined effect of certain Crown actions meant that the Crown failed to actively protect the interests of the Affiliate in the land they wished to retain, and that this was a breach of the Treaty of Waitangi and its principles. The actions include—

The Crown acknowledges that—

The Crown acknowledges that lands of particular significance to the Affiliate, including land at Te Ariki, Okere Falls, and lands with geothermal surface features at Orakei Korako and Rotorua Airport, were taken under public works legislation. The Crown acknowledges that these takings have impeded the ability of the Affiliate to exercise control over its taonga and wahi tapu and maintain and foster spiritual connections with those ancestral lands. This has resulted in a sense of grievance among the Affiliate that still exists today.

The Crown acknowledges—

The Crown acknowledges that the Affiliate considers the geothermal resource a taonga. The Crown also acknowledges that the following matters have caused a sense of grievance within the Affiliate that is still held today:

The Crown acknowledges that—

The Crown acknowledges that the Affiliate has been loyal to the Crown in honouring its obligations and responsibilities under the Treaty of Waitangi, especially, but not exclusively, in war service overseas by some of its members. The Crown pays tribute to the contribution made by the Affiliate to the defence of the nation.

The text of the apology, as set out in the deed of settlement, is as follows:

The Crown recognises the efforts and struggles of the ancestors of the Affiliate in pursuit of their claims for redress, justice, and compensation and makes this apology to the members of the Affiliate, to their ancestors, and to their descendants.

The Crown profoundly regrets and unreservedly apologises to the Affiliate for the breaches of the Treaty of Waitangi and its principles, acknowledged in section 7.

The Crown profoundly regrets and unreservedly apologises for the cumulative effect of its actions over the generations, which have undermined tribal structures and had a damaging impact on the landholdings and development of the Affiliate.

Accordingly, the Crown seeks to atone for these wrongs and assist the process of healing with this settlement, and looks forward to building a relationship of mutual trust and co-operation with the Affiliate.

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

In this Act, unless the context otherwise requires,—

In this Act, Affiliate—

In this Act, Affiliate Ancestor means any of the following individuals (each of whom is defined in Part 2 of Schedule 1):

For the purposes of Part 2 of Schedule 1, customary rights means rights according to the Affiliate tikanga, including rights—

For the purposes of Schedule 1, a person is descended from another person if the first person is descended from the other by—

In this Act, Affiliate historical claims—

However, Affiliate historical claims does not include the claims listed in Part 3 of Schedule 2.

Subsection (1)(a) is not limited by subsection (1)(b).

To avoid doubt, Affiliate historical claims includes Wai 32 and Wai 94, but only the parts of those claims that—

To avoid doubt, Affiliate historical claims does not include any claim submitted to the Waitangi Tribunal in accordance with the Treaty of Waitangi Act 1975 in respect of the airspace over, or the flight paths to, Rotorua airport.

The settlement of the Affiliate historical claims effected under the deed 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.

Subsection (1) does not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.

Despite any other enactment or rule of law, on and from the 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—

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

Section 15 amends the Treaty of Waitangi Act 1975.

Schedule 3 of the Treaty of Waitangi Act 1975 is amended by inserting the following item in its appropriate alphabetical order: “Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008, section 13(3) and (4).”

Nothing in the enactments listed in subsection (2) applies—

The enactments are—

However, this section does not apply—

The chief executive of LINZ must 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—

The chief executive of LINZ must issue a certificate under subsection (1) as soon as is reasonably practicable after—

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

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

Neither the rule against perpetuities nor any provisions of the Perpetuities Act 1964—

However, if the Te Pumautanga o Te Arawa trust is, or becomes, a charitable trust, the application (if any) of the rule against perpetuities or any provision of the Perpetuities Act 1964 to that trust must be determined under the general law.

If the Pikiao entity is established as a trust, this section applies (with all necessary modifications) to that trust and to the trustees of that trust.

Actions or matters occurring under this Act occur or take effect on and from the settlement date.

However, 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 and from that other date.

The chief executive of the Ministry of Justice must make copies of the deed of settlement available—

Each responsible Minister may—

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

The responsible Minister may amend or cancel a protocol only after consulting with, and having particular regard to the views of, the trustees.

Protocols do not restrict—

The Crown must comply with a protocol while it is in force.

If the Crown fails, without good cause, to comply with a protocol, the trustees may, subject to the Crown Proceedings Act 1950, enforce the protocol.

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

To avoid doubt,—

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 the—

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 (including in respect of fish, aquatic life, and seaweed) held, managed, or administered under the Fisheries Act 1996, the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, the Maori Commercial Aquaculture Claims Settlement Act 2004, the Maori Fisheries Act 2004, or the Te Arawa Lakes Settlement Act 2006.

The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.

A summary of the terms of the DOC protocol must be noted in the conservation documents affecting the DOC protocol area.

The noting of the DOC protocol is—

A summary of the terms of the fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area.

The noting of the fisheries protocol is—

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

The Crown acknowledges the statements of association.

In sections 32 and 34, statements of association means the statements—

The only purposes of the statutory acknowledgement are to—

This section does not limit sections 44 to 46.

On and from the effective date, a relevant consent authority must have regard to the 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 trustees are persons who may be adversely affected by the granting of a resource consent for activities within, adjacent to, or directly affecting the statutory area.

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

On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in determining under section 274 of the Resource Management Act 1991 whether the trustees are persons having an interest in proceedings greater than the public generally in respect of an application for a resource consent for activities within, adjacent to, or directly affecting the statutory area.

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

If, on or after the effective date, an application is made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.

On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.

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

Each relevant consent authority must, for a period of 20 years from the effective date, forward to the trustees a summary of resource consent applications received by that consent authority for activities within, adjacent to, or directly affecting a statutory area.

The information provided under subsection (1) must be—

The trustees may, by notice in writing to a relevant consent authority,—

For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to that application.

This section does not affect the obligation of a relevant consent authority to—

The trustees and any member of the Affiliate may, as evidence of the association of the Affiliate with a statutory area, cite the statutory acknowledgement that relates to that area in submissions to, and in proceedings before, a relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga concerning activities within, adjacent to, or directly affecting the statutory area.

The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as deemed fact on—

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

Neither the trustees nor individual members of the Affiliate are precluded from stating that the Affiliate has an association with a statutory area that is not described in the statutory acknowledgement.

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

If a statutory acknowledgement relates to a river, the river—

The Crown acknowledges the statement of association.

In sections 40 and 42, statement of association means the statement—

The only purposes of the geothermal statutory acknowledgement are to—

This section does not limit sections 44 to 46.

On and from the effective date, a relevant consent authority must have regard to the geothermal statutory acknowledgement in forming an opinion in accordance with sections 93 to 94C of the Resource Management Act 1991 as to whether the trustees are persons who may be adversely affected by the granting of a resource consent under section 14 of the Resource Management Act 1991 in respect of the geothermal resource.

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

On and from the effective date, the Environment Court must have regard to the geothermal statutory acknowledgement in determining under section 274 of the Resource Management Act 1991 whether the trustees are persons having an interest in proceedings greater than the public generally in respect of an application for a resource consent under section 14 of the Resource Management Act 1991 in respect of the geothermal resource.

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

On and from the effective date, each relevant consent authority must attach information recording the geothermal statutory acknowledgement to all statutory plans that wholly or partly cover the Rotorua region geothermal system.

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

Each relevant consent authority must, for a period of 20 years from the effective date, forward to the trustees a summary of resource consent applications made under section 14 of the Resource Management Act 1991 received by that consent authority in respect of the geothermal resource.

The information provided under subsection (1) must be—

The trustees may, by notice in writing to a relevant consent authority,—

For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to that application.

This section does not affect the obligation of a relevant consent authority to—

The trustees and a member of the Affiliate may, as evidence of the association of the Affiliate with, and use by the Affiliate of, the geothermal resource, cite the geothermal statutory acknowledgement in submissions to, and in proceedings before, a relevant consent authority or the Environment Court concerning the taking, use, damming, or diverting of any geothermal resource.

The content of the statement of association is not, by virtue of the geothermal statutory acknowledgement, binding as deemed fact on—

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

Neither the trustees nor individual members of the Affiliate are precluded from stating that the Affiliate has an association with a geothermal resource that is not described in the geothermal statutory acknowledgement.

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

The Minister of Conservation may—

In this section, deed of recognition means a deed—

Except as expressly provided in this subpart,—

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

Except as expressly provided in this subpart, the statutory acknowledgement, geothermal statutory acknowledgement, or a deed of recognition 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 this subpart, the statutory acknowledgement, geothermal statutory acknowledgement, or a deed of recognition does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area or a geothermal resource, as the case may be.

Section 48 amends the Resource Management Act 1991.

Schedule 11 of the Resource Management Act 1991 is amended by inserting the following item in its appropriate alphabetical order: “Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008”.

In this subpart, unless the context otherwise requires,—

Each site described in Schedule 4 is declared a whenua rahui.

The Crown acknowledges the Affiliate values in relation to each of the whenua rahui.

The only purposes of the declaration and acknowledgement under sections 50 and 51 are to—

This section does not limit sections 65 to 67.

The trustees and the Crown may agree on, and publicise, protection principles that are directed at the Minister of Conservation—

The protection principles set out in Part 5 of Schedule 3 of the deed of settlement are to be treated as having been agreed by the trustees and the Crown under subsection (1).

The trustees and the Crown may agree in writing any amendments to the protection principles.

When the New Zealand Conservation Authority or a Conservation Board considers a conservation document (including a draft) or a proposal or recommendation for a change of status in relation to a whenua rahui, it must have particular regard to the—

Before approving a conservation document or making a proposal or recommendation for a change of status in relation to a whenua rahui, the New Zealand Conservation Authority or a Conservation Board must—

If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to a whenua rahui, the New Zealand Conservation Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.

The declaration of a whenua rahui under section 50 must be noted in all conservation documents affecting the whenua rahui.

The noting of a whenua rahui under subsection (1) is—

The Minister of Conservation must notify in the Gazette—

The Director-General may notify in the Gazette any action (including any action set out in paragraph 5 in each of the whenua rahui in Part 5 of Schedule 3 of the deed of settlement) taken or intended to be taken under any of sections 59 to 61.

The Director-General must notify in the Gazette any action taken or intended to be taken under section 62.

The Director-General must take action in relation to the protection principles, including the actions set out in paragraph 5 in each of the whenua rahui in Part 5 of Schedule 3 of the deed of settlement.

The Director-General retains complete discretion to determine the method and extent of the action to be taken under subsection (1).

The Director-General must notify the trustees in writing of the intended action under subsection (1).

If requested in writing by the trustees, the Director-General must not take action in respect of the protection principles to which the request relates.

The Director-General may initiate an amendment to a conservation document to incorporate objectives relating to the protection principles (including a recommendation to make regulations or bylaws).

The Director-General must consult with relevant Conservation Boards before initiating an amendment under subsection (1).

An amendment initiated under subsection (1) is an amendment for the purposes of section 17I(1) to (3) of the Conservation Act 1987, or section 46(1) to (4) of the National Parks Act 1980, as the case may be.

The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for all or any of the following purposes:

The Minister of Conservation may make bylaws for all or any of the following purposes:

The purpose of, or classification of an area as, a national park, conservation area, or reserve is not affected by the fact that the area is, or is within, a whenua rahui.

The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of a whenua rahui site is no longer whenua rahui.

The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—

Subsection (4) applies if—

The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of the whenua rahui, or that part of it affected by the disposal of the area or change in the management responsibility, through negotiation with the trustees by—

Subsection (4) does not apply to Matawhaura (part of the Lake Rotoiti Scenic Reserve) upon the vesting of that site under section 119(3).

Nothing in section 50 or 51 affects or may be taken into account in the exercise of any power by, or performance of any duty or function of, any person under any legislation or bylaw.

No person, in considering a matter or making a decision or recommendation under any legislation or bylaw, may give any greater or lesser weight to the Affiliate values than that person would give if the area were not a whenua rahui and the Affiliate values had not been acknowledged in relation to the area.

Subsection (2) does not limit the operation of subsection (1).

This section applies subject to the other provisions of this subpart.

Sections 50 and 51 do not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

This section applies subject to the other provisions of this subpart.

Sections 50 and 51 do not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind relating to, a whenua rahui.

This section applies subject to the other provisions of this subpart.

In this subpart, unless the context otherwise requires,—

The 3 sites described as recreation reserves in Schedule 5 are specially classified reserves.

The Crown acknowledges the Affiliate values in relation to the specially classified reserves.

The only purposes of the declaration and acknowledgement under sections 69 and 70 are to—

This section does not limit sections 72 to 81.

The Rotorua District Council, the trustees, and the Crown may from time to time agree on protection principles that are directed at the Rotorua District Council and aim to—

The protection principles set out in Part 7 of Schedule 3 of the deed of settlement are to be treated as having been agreed between the Rotorua District Council, the trustees, and the Crown under subsection (1).

The protection principles may only be amended by the agreement in writing of the Rotorua District Council, the trustees, and the Crown.

The Rotorua District Council must have regard to the protection principles when it considers a management plan under section 41 of the Reserves Act 1977 or general policy.

Before approving general policy, or approving or completing the review of, or changing, a management plan under section 41 of the Reserves Act 1977, the Rotorua District Council must consult with the trustees about their views as to whether the general policy or review of, or change to, the management plan is consistent with the protection principles.

The Minister of Conservation must notify in the Gazette—

When the Minister of Conservation gives notice in the Gazette of the agreed protection principles in accordance with section 75, the Rotorua District Council must review its management plan in accordance with section 41(4) of the Reserves Act 1977 in respect of each specially classified reserve to give effect to the protection principles for the reserve.

The Rotorua District Council has a complete discretion to determine the method and extent of the action to be taken under subsection (1).

Before making a determination under subsection (2), the Rotorua District Council must consult with the trustees and have particular regard to their views about whether the method and extent of any proposed action gives effect to the protection principles.

The purpose or classification of an area under the Reserves Act 1977 is not affected by the fact that the area is, or is within, a specially classified reserve.

The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of a specially classified reserve is no longer a specially classified reserve.

The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—

The Minister of Conservation must consult with the trustees before deciding whether or not to revoke the reservation of all or part of a specially classified reserve.

Nothing in section 69 or 70 affects or may be taken into account in the exercise of any power by, or performance of any duty or function of, any person under any legislation or bylaw.

No person, in considering a matter or making a decision or recommendation under any legislation or bylaw, may give any greater or lesser weight to the Affiliate values than that person would give under the relevant legislation or bylaw if the site were not a specially classified reserve and the Affiliate values had not been acknowledged in relation to the site.

Subsection (2) does not limit the operation of subsection (1).

This section applies subject to the other provisions of this subpart.

Sections 69 and 70 do not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Sections 69 and 70 do not have the effect of granting, creating, or providing evidence of an estate or interest in, or any rights of any kind relating to, a specially classified reserve.

The Crown’s provision of cultural redress does not prevent the Crown doing anything that is consistent with that cultural redress, including—

Subsection (1) is not an acknowledgement by the Crown or the Affiliate that any other iwi or group has interests in relation to land or an area to which any of the cultural redress relates.

In this section, cultural redress means the protocols, statutory acknowledgements, geothermal statutory acknowledgement, deed of recognition, whenua rahui, and specially classified reserves.

In this subpart,—

The existing place name specified in the first column of Part 8 of Schedule 3 of the deed of settlement (at the settlement date) is altered to the new place name specified in the second column of that Part of that schedule.

The new place name specified in the second column of the second item of Part 8 of Schedule 3 of the deed of settlement (at the settlement date) is assigned to the location described in the third column of that Part of that schedule.

Except where this subpart expressly provides otherwise, the changes made under subsections (1) and (2) are to be treated as having been made—

The New Zealand Geographic Board must, as soon as practicable after the settlement date, publish a notice in the Gazette—

The New Zealand Geographic Board must, as soon as practicable after publication of the notice under subsection (1), ensure that a copy of the notice is published in accordance with any enactment that applies to altering or assigning place names.

A copy of the Gazette notice published under subsection (1) is conclusive evidence that the new place names were altered or assigned on the date of the Gazette notice.

Despite the provisions of any enactment that applies to altering or assigning place names, the New Zealand Geographic Board may, with the consent of the trustees, alter any new place name or its location.

Section 85 applies, with any necessary modifications, to an alteration made under subsection (1).

Place names altered or assigned under section 84 or 86 take effect on the date of the Gazette notice published under section 85(1).

In this Act, cultural redress property means any of the following sites, and each site means the land described by that name in Schedule 6:

The reservation of Pateko Island under the Reserves Act 1977 is revoked.

The fee simple estate in Pateko Island vests in the trustees.

The reservation of Te Koutu Pa under the Reserves Act 1977 is revoked.

The fee simple estate in Te Koutu Pa vests in the trustees.

The reservation of the Okataina Lodge site under the Reserves Act 1977 is revoked.

The fee simple estate in the Okataina Lodge site vests in the trustees.

Subsections (1) and (2) are subject to the trustees granting to the Crown a registrable lease of the Okataina Lodge site in the form set out in Part 9 of Schedule 2 of the deed of settlement.

In the lease of the Okataina Lodge site dated 23 December 1975, the terms of which are incorporated into the leasehold interest held in computer interest register SA23A/1000, references to the Board, the Commissioner, and the Minister are to be read as references to the Lessor.

The reservation of the Okataina Outdoor Education Centre site under the Reserves Act 1977 is revoked.

The fee simple estate in the Okataina Outdoor Education Centre site vests in the trustees.

In this section and sections 94 and 111,—

The Crown must establish the Te Ariki trust before the settlement date.

Schedule 4 of the Public Finance Act 1989 is amended by inserting the following item in its appropriate alphabetical order: “Te Ariki trust”.

To avoid doubt, the obligations of the Te Ariki trust under the Public Finance Act 1989 are the responsibility of the trustees of the Te Ariki trust.

The Te Ariki trust is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

The deed establishing the Te Ariki trust is valid and enforce-able in accordance with its terms as a private trust, despite any enactment or rule of law.

The reservation of the Te Ariki site under the Reserves Act 1977 is revoked.

An undivided half share of the fee simple estate in the Te Ariki site vests in the trustees of the Te Pumautanga o Te Arawa trust and an undivided half share of the fee simple estate in the Te Ariki site vests in the trustees of the Te Ariki trust as tenants in common.

Subsections (1) and (2) are subject to the trustees of the Te Pumautanga o Te Arawa trust and the trustees of the Te Ariki trust—

The reservation of the Punaromia site under the Reserves Act 1977 is revoked.

The fee simple estate in the Punaromia site vests in the trustees.

The site on Horohoro Bluff ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in the site on Horohoro Bluff vests in the trustees.

Subsections (1) and (2) are subject to the trustees providing the Crown with a registrable covenant in relation to the site on Horohoro Bluff in the form of the Horohoro Bluff Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

The fee simple estate in the site adjacent to Orakei Korako vests in the trustees.

Subsection (1) is subject to the trustees providing the Crown with a registrable covenant in relation to the site adjacent to Orakei Korako in the form of the Orakei Korako Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

The covenant referred to in subsection (2) is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

The fee simple estate in the site adjacent to Lake Rotomahana vests in the trustees.

Subsection (1) is subject to the trustees providing the Crown with a registrable covenant in relation to the site adjacent to Lake Rotomahana in the form of the Lake Rotomahana Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

The covenant referred to in subsection (2) is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

The reservation of Te Wairoa under the Reserves Act 1977 is revoked.

The fee simple estate in Te Wairoa vests in the trustees.

Subsections (1) and (2) are subject to the trustees providing the Crown with a registrable covenant in relation to Te Wairoa in the form of the Te Wairoa Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of—

The fee simple estate in the Lake Rotokawa site vests in the trustees.

The vesting of the Lake Rotokawa site under subsection (1) does not give any rights to, or impose any obligations on, the trustees in relation to—

Any moveable boundary of the Lake Rotokawa site is governed by the applicable common law rules of accretion, erosion, and avulsion.

Subsections (1) to (3) are subject to the trustees providing the Crown with a registrable covenant in relation to the Lake Rotokawa site in the form of the Lake Rotokawa Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

The covenant referred to in subsection (4) is to be treated as a conservation covenant for the purposes of—

The reservation of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua under the Reserves Act 1977 is revoked.

The fee simple estate in the beds of Lakes Rotongata (Mirror Lake) and Rotoatua vests in the trustees.

The vesting of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua under subsection (2) does not give any rights to, or impose any obligations on, the trustees in relation to—

Any moveable boundary of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua is governed by the applicable common law rules of accretion, erosion, and avulsion.

Subsections (1) to (4) are subject to the trustees providing the Crown with a registrable covenant in relation to the beds of Lakes Rotongata (Mirror Lake) and Rotoatua in the form of the Lakes Rotongata (Mirror Lake) and Rotoatua Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

The covenant referred to in subsection (5) is to be treated as a conservation covenant for the purposes of—

Section 23 of the Crown Forest Assets Act 1989 applies in relation to the Moerangi site, at all times (including before the settlement date),—

The fee simple estate in the Moerangi site vests in the trustees.

Subsection (2) is subject to the trustees providing the Crown with a registrable covenant in relation to the Moerangi site in the form of the Moerangi Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of—

Section 23 of the Crown Forest Assets Act 1989 applies in relation to Kakapiko, at all times (including before the settlement date),—

The fee simple estate in Kakapiko vests in the trustees.

Subsection (2) is subject to the trustees providing the Crown with a registrable covenant in relation to Kakapiko in the form of the Kakapiko Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

The reservation of the Rangitoto site as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

The fee simple estate in the Rangitoto site vests in the trustees.

The Rangitoto site is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

The reserve created by subsection (3) is named Rangitoto Scenic Reserve, despite section 16(10) of the Reserves Act 1977.

The reservation of the sites on Paeroa Range as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

The fee simple estate in the sites on Paeroa Range vests in the trustees.

The sites on Paeroa Range are declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

The reserve created by subsection (3) is named Ruatihi o Paeroa Scenic Reserve, despite section 16(10) of the Reserves Act 1977.

The reservation of the Wai-o-Tapu site as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

The fee simple estate in the Wai-o-Tapu site vests in the trustees.

The Wai-o-Tapu site is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

The reserve created by subsection (3) is named Wai-o-Tapu Scenic Reserve, despite section 16(10) of the Reserves Act 1977.

Subsections (1) to (4) are subject to the trustees granting a registrable right of way easement in favour of Lot 1 DPS 45063 over the area shown marked A on SO 395143 in the form set out in Part 5 of Schedule 2 of the deed of settlement.

An easement granted in accordance with subsection (5) is—

In the lease of the Wai-o-Tapu site dated 22 October 1969, the terms of which are incorporated into the deed of renewal of that lease dated 25 September 2000 between the Crown and Waiotapu Thermal Tourist Park Limited, references to the District Manager of the Tourist Department, the General Manager, the Minister of Tourist and Health Resorts, and the Governor-General are to be read as references to the Lessor.

This section takes effect on the date specified in the Order in Council made under section 2(1).

The Tourist and Health Resorts Control Act 1908 ceases to apply to Roto-a-Tamaheke Reserve.

The reservation of Roto-a-Tamaheke Reserve as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked.

The fee simple estate in Roto-a-Tamaheke Reserve vests in the trustees.

Roto-a-Tamaheke Reserve is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve created by subsection (5) is named Roto-a-Tamaheke Recreation Reserve, despite section 16(10) of the Reserves Act 1977.

This section takes effect on the date specified in the Order in Council made under section 2(1).

The Tourist and Health Resorts Control Act 1908 ceases to apply to Whakarewarewa Thermal Springs Reserve.

Schedule 2 of the Tourist and Health Resorts Control Act 1908 is amended by omitting the item “Whakarewarewa Thermal Springs Reserve”.

The reservation of Whakarewarewa Thermal Springs Reserve as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked.

The fee simple estate in Whakarewarewa Thermal Springs Reserve vests in the trustees.

Whakarewarewa Thermal Springs Reserve is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve created by subsection (6) is named Whakarewarewa Thermal Springs Recreation Reserve, despite section 16(10) of the Reserves Act 1977.

Subsections (4) to (7) are subject to the trustees granting to the New Zealand Maori Arts and Crafts Institute a registrable lease of Whakarewarewa Thermal Springs Reserve in the form set out in Part 7 of Schedule 2 of the deed of settlement.

The following documents are enforceable in accordance with their terms, despite the provisions of the Reserves Act 1977 and the Tourist and Health Resorts Control Act 1908, and are to be treated as having been granted in accordance with those Acts:

The lessor of the lease referred to in subsection (8) is entitled to receive and use the annual rent payable under the lease for any purpose, despite the provisions of the Reserves Act 1977.

The Minister of Tourism may execute any or all of the documents referred to in subsection (9) on behalf of the New Zealand Maori Arts and Crafts Institute as lessee.

A document executed under subsection (11) has effect as if it were properly executed by the New Zealand Maori Arts and Crafts Institute as lessee in accordance with the New Zealand Maori Arts and Crafts Institute Act 1963 and any rules made under that Act.

The fee simple estate in each school site vests in the trustees.

Subsection (1) is subject to the trustees granting to the Crown a lease in respect of each school site in the form set out in Part 12 of Schedule 2 of the deed of settlement.

The vesting of each cultural redress property is subject to any encumbrances listed for the property in Schedule 6.

This section applies to the fee simple estate in a cultural redress property vested under this Part.

The Registrar-General must, on written application by an authorised person, comply with subsections (3) to (5).

To the extent that a cultural redress property is all of the land contained in a computer freehold register, the Registrar-General must—

To the extent that a cultural redress property is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property, the Registrar-General must, in accordance with an application received from an authorised person,—

However, in the case of the Te Ariki site, the Registrar-General must, in accordance with applications received from an authorised person,—

Subsections (4) and (5) apply subject to the completion of any survey necessary to create the computer freehold register.

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

However, in the case of Roto-a-Tamaheke Reserve or Whakarewarewa Thermal Springs Reserve, subsection (7) applies as if references to the settlement date were references to the date specified in the Order in Council made under section 2(1).

In subsections (2), (4), and (5), authorised person means a person authorised by—

In this section and sections 113, 114, 117, and 119, reserve site means each of the following cultural redress properties:

The vesting of the fee simple estate in a cultural redress property under this Part 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.

Despite subsection (2),—

If the reservation, under this Part, of a reserve site is revoked in relation to all or part of the site, then the site’s vesting referred to in subsection (3)(a)(v) is no longer exempt from the rest of section 24 of the Conservation Act 1987 in relation to all or that part of the site, as the case may be.

If a lease referred to in section 109(2) (or a renewal of that lease) terminates, or expires without being renewed, in relation to all or part of a school site, then the site’s vesting referred to in subsection (3)(a)(vi) is no longer exempt from the rest of section 24 of the Conservation Act 1987 in relation to all or that part of the site, as the case may be.

The Registrar-General must record on the computer freehold register for—

A notification made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.

If the reservation, under this Part, of a reserve site is revoked in relation to—

If a lease referred to in section 109(2) (or a renewal of that lease) terminates, or expires without being renewed, in relation to all or part of a school site, then the Minister of Education must apply in writing to the Registrar-General to,—

The Registrar-General must comply with an application received in accordance with subsection (3)(a) or (4).

The trustees of the Te Pumautanga o Te Arawa trust are the administering body of a reserve site for the purposes of the Reserves Act 1977.

Sections 48A, 114, and 115 of the Reserves Act 1977 apply to a reserve site, despite sections 48A(6), 114(5), and 115(6) of that Act.

Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve site.

If the reservation, under this Part, of a reserve site is revoked under section 24 of the Reserves Act 1977 in relation to all or part of the site, section 25 of that Act, except subsection (2), does not apply to the revocation.

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this Part, of the reserve status of a cultural redress property.

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

The vesting of the fee simple estate in a cultural redress property under this Part does not—

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 to fulfil the terms of the deed of settlement in relation to a cultural redress property.

The Minister of Conservation may direct that any intra-Crown payment for a site listed in subsection (2) be paid and applied in the manner specified in section 82(1)(a) of the Reserves Act 1977.

The sites are—

This section applies to all, or the part, of a reserve site that, at any time after vesting under this Part in the trustees of the Te Pumautanga o Te Arawa trust, remains a reserve under the Reserves Act 1977 (the reserve land).

The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law.

The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners) if, upon written application, the registered proprietors of the reserve land satisfy the Minister that the new owners are able to—

The Registrar-General must, upon receiving the documents specified in subsection (5), register the new owners as the proprietors of the fee simple estate in the reserve land.

The documents are—

The new owners, from the time of registration under subsection (4),—

Despite subsections (1) and (2), this section does not apply to the transfer of the fee simple estate in reserve land if—

In this Act,—

This section takes effect on the Pikiao vesting date.

The reservation of Matawhaura (part of the Lake Rotoiti Scenic Reserve) as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

The fee simple estate in Matawhaura (part of the Lake Rotoiti Scenic Reserve) vests in the Pikiao entity.

Matawhaura (part of the Lake Rotoiti Scenic Reserve) is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

The fee simple estate in Otari Pa vests in the Pikiao entity.

The statutory acknowledgement under section 27 ceases to apply in relation to Otari Pa.

The vesting of Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa is subject to any encumbrances that affect each property on the Pikiao vesting date.

Sections 111 to 115 and 117 apply to Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa as if—

The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable after Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa vest in the Pikiao entity, notify the vesting and the date of vesting in the Gazette.

In sections 121 to 123,—

This section takes effect on the earlier of—

The Karamuramu Baths land and the esplanade land are set aside as an esplanade reserve under the Resource Management Act 1991, in that—

The special classification and acknowledgement applied by sections 69 and 70 to the reserve described in Schedule 5 as the recreation reserve at Hannah’s Bay (including Otauira Swamp), apply also to the Karamuramu Baths land and the esplanade land, as if those 2 areas of land were part of that reserve.

The Minister of Conservation must, as soon as practicable after this section takes effect, notify in the Gazette—

Subsection (4)(a) and (c) does not apply if the Karamuramu Baths land is set aside under subsection (2) on the day specified in subsection (1)(b).

If the Karamuramu Baths land is set aside under section 121(2) on the day specified in section 121(1)(a), then the chief executive of the Rotorua District Council may, at any time, give written notice to the Director-General—

Subsections (3) to (9) take effect on the earlier of—

The reservation of the Karamuramu Baths land as an esplanade reserve is revoked.

The special classification and acknowledgement applied by section 121(3) to the Karamuramu Baths land cease to apply.

The fee simple estate in the Karamuramu Baths land vests in the trustees.

The Karamuramu Baths land vests under subsection (5) free of any encumbrance.

Sections 111 and 115 apply to the Karamuramu Baths land as if—

The Minister of Conservation must, as soon as practicable after subsections (3) to (9) take effect, notify in the Gazette—

Subsection (8)(a) and (b) does not apply if the Karamuramu Baths land is set aside under section 121(2) on the day specified in section 121(1)(b).

To avoid doubt, Part 4A of the Conservation Act 1987 does not apply to the vesting of the Karamuramu Baths land under subsection (5).

The Rotorua District Council may, at any time after the Karamuramu Baths land vests in the trustees under section 122(5), grant a right of way easement in favour of that land over any or all of the following:

The terms of an easement granted under subsection (1) are to be agreed upon by the Rotorua District Council and the trustees.

An easement granted in accordance with subsections (1) and (2) is—

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 under this section.

To give effect to Part 12 of the deed of settlement, the Crown (acting by and through the Commissioner of Crown Lands in respect of land held under the Land Act 1948 and the chief executive of LINZ in all other cases) is authorised to do 1 or both of the following:

Subsection (1) does not apply to the MAF forest land.

The Minister of Conservation may grant a right of way easement over a conservation area, as required by Part 12 of the deed of settlement.

An easement granted in accordance with subsection (1) is—

This section applies to a commercial redress property to the extent that it is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property.

The Registrar-General must, in accordance with a written application by an authorised person, and after completion of any necessary survey, create a computer freehold register in the name of the Crown—

The authorised person may grant a covenant to arrange for the later creation of a computer freehold register for any land that is to be transferred to the trustees under Part 12 of the deed of settlement.

Despite the provisions of the Land Transfer Act 1952,—

In this section, authorised person means a person authorised by the chief executive of the land holding agency.

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

The transfer of a commercial redress property to the trustees does not—

The transfer of a commercial redress property to the trustees 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.

In exercising the powers conferred by sections 124 and 133, 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.

Subsection (4) is subject to subsections (2) and (3).

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 to fulfil the terms of Part 12 of the deed of settlement in relation to the transfer of a commercial redress property.

The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the trustees.

However, although the licensed land does not cease to be Crown forest land until the fee simple estate in the land is registered in the trustees, neither the Crown nor any court or tribunal may do any thing or omit to do any thing if that act or omission would, between the settlement date and the date of registration, be—

The trustees are, in relation to the licensed land, the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed.

The effect of subsection (1) is that—

The Crown must give notice under section 17(4)(b) of the Crown Forest Assets Act 1989 in respect of the Crown forestry licence, 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 licensed land.

Notice given by the Crown under subsection (3) has effect as if—

The trustees are the licensors under the Crown forestry licence as if the licensed land had been returned to Maori ownership—

However, section 36(1)(b) of the Crown Forest Assets Act 1989 does not apply to the licensed land.

Section 129 applies whether or not, by the settlement date,—

To the extent that the Crown has not completed the processes referred to in subsection (1)(b) before the settlement date, it must continue those processes—

For the period from the settlement date until the completion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the licensed land is the amount calculated in the manner described in clause 12.7 of the deed of settlement.

With effect from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the licensed land, be read as if they were references to the trustees.

Clause 6.2 of the Crown forestry licence (which relates to public entry for recreational purposes) continues to apply even though the Crown is no longer the licensor under the licence because the licensed land has been transferred to the trustees under section 124.

A notification to the same effect as described in subsection (1) must—

A public right of way easement may be granted under section 8 of the Crown Forest Assets Act 1989, and is enforceable in accordance with its terms, despite its subject matter.

Sections 26 and 27 of the Crown Forest Assets Act 1989 apply, subject to any necessary modifications, to any variation, renewal, or cancellation under section 8(b) of that Act of a public right of way easement.

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 under this section.

In this section, public right of way easement means an easement in gross granted in relation to the licensed land, as described in clause 12.36 of the deed of settlement.

This section applies if the trustees elect to purchase the MAF forest land.

On the actual deferred settlement date, the MAF forest land ceases to be Crown forest land and any Crown forestry assets associated with that land cease to be Crown forestry assets.

Despite the provisions of the Crown Forest Assets Act 1989, and to give effect to Part 12 of the deed of settlement in relation to the MAF forest land, the Crown (acting through the responsible Ministers) is authorised to do 1 or both of the following:

However, this section does not apply if, in relation to the MAF forest land, the agreement referred to in clause 12.20 of the deed of settlement is cancelled.

In subsection (3), responsible Ministers has the meaning given to it in section 2(1) of the Crown Forest Assets Act 1989.

In subsection (4), cancelled means cancelled in accordance with paragraph 11 of Part 5 of Schedule 5 of the deed of settlement.

This section applies if the trustees purchase the MAF forest land.

The lessee of the MAF forest land is to be treated as if it had been appointed, under section 24H(1) of the Conservation Act 1987, to be the manager of each MAF marginal strip.

The lessee may—

In this section, MAF marginal strip means a marginal strip within the MAF forest land.

In this subpart, protected site means any area of land situated in licensed land or the MAF forest land that—

In subsection (1), New Zealand Heritage List/Rārangi Kōrero, wahi tapu, and wahi tapu area have the meanings given to them in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.

The owner of land on which a protected site is situated and any person holding an interest in, or a right of occupancy to, the land must allow the persons referred to in subsection (2) to have access across the land to each protected site.

The persons are Maori for whom the protected site is of special spiritual, cultural, or historical significance.

The right of access may be exercised by vehicles or by foot over any reasonably convenient routes specified by the owner and is subject to the following conditions:

The right of access conferred by section 136 is subject to the terms of—

However, subsection (1) does not apply if the licensee or lessee, as the case may be, has agreed to an exercise of the right.

Subsection (4) applies to an amendment to—

An amendment referred to in subsection (3) is of no effect to the extent that it purports to—

This section applies to any licensed land or MAF forest land on which a protected site is situated.

The Registrar-General must, in accordance with a written application by an authorised person, make a notation on the computer freehold register for the land, that the land is subject to this subpart.

An application must be made as soon as is reasonably practicable after—

However, if a computer freehold register has not been created by the settlement date or the actual deferred settlement date, as the case may be, an application must be made as soon as is reasonably practicable after the register has been created.

In this section, authorised person means—