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.

This Part—

Part 2 provides for cultural redress, including,—

Part 3 provides for commercial redress, including,—

Part 4 sets out transitional and miscellaneous matters, including,—

There are 4 schedules, which set out matters as follows:

Sections 7 and 8 record in English and in te reo Maori the acknowledgements of, and the apology offered to Ngati Porou by, the Crown in the deed of settlement.

The acknowledgements and apology are to be read in conjunction with the account of the historical relations between Ngati Porou and the Crown, recorded in Part 3 of the deed of settlement.

The Crown acknowledges that, as a Treaty partner, Ngati Porou has fulfilled its obligations under the Treaty of Waitangi.

The Crown also acknowledges the significant contribution that Ngati Porou, its rangatira, whanau and hapu have made to New Zealand including military service in many parts of the world, as well as to the economy, education, farming, politics, culture, arts, public service, and business.

The Crown acknowledges that, despite Ngati Porou fulfilling its Treaty obligations, the Crown has breached the Treaty of Waitangi and its principles in a number of respects. The Crown also acknowledges that, despite Ngati Porou’s significant contribution to New Zealand, it has failed to address the longstanding grievances of Ngati Porou in an appropriate manner, and that recognition of Ngati Porou grievances is long overdue.

The Crown acknowledges that some Ngati Porou today are aggrieved at the role of the Crown in the fighting on the East Coast in 1865.

The Crown acknowledges that the detention without trial of some Ngati Porou who suffered in harsh conditions on the Chatham Islands for more than 2 years between 1866 and 1868 was an injustice and a breach of the Treaty of Waitangi and its principles.

The Crown acknowledges that—

The Crown acknowledges that it promoted legislation that had the effect of allowing the sale of several Ngati Porou blocks to be completed despite these transactions having failed to comply with all the requirements of the native land laws that governed the alienation of Maori land at the time the transactions were entered into.

The Crown acknowledges that—

The Crown acknowledges that its land purchase agents sometimes opened negotiations to purchase Ngati Porou land without adequately identifying and consulting with all the owners.

The Crown acknowledges that—

The Crown acknowledges that it failed to provide for Ngati Porou beneficial owners to be involved in the development of policy for the administration of their land vested in the East Coast Trust once it became clear that this Trust would have a long term existence, and that this was a breach of the Treaty of Waitangi and its principles.

The Crown acknowledges that it did not allow Ngati Porou to select any of the members of the Tairawhiti Maori Land Board. The Crown also acknowledges that the compulsory vesting of more than 35 000 acres of Ngati Porou land in this Board between 1906 and 1909 was a breach of the Treaty of Waitangi and its principles.

The Crown acknowledges that its failure to seek consent from the landowners before establishing a township at Te Puia under the Native Townships Act 1895 was a breach of the Treaty of Waitangi and its principles.

The Crown acknowledges that the Native Townships Act 1895 allowed the Crown to take ownership of roads and public reserves in the townships without paying compensation to the owners.

The Crown acknowledges that—

The Crown acknowledges that—

The Crown acknowledges that—

The Crown acknowledges that—

The Crown acknowledges that the compulsory acquisition of uneconomic interests in Maori land between 1953 and 1974 by the Maori Trustee deprived many Ngati Porou of their turangawaewae.

The Crown acknowledges the special relationship Ngati Porou have with the Waiapu River and that, in attempting to provide for the effective administration of the East Coast’s natural resources, it vested control of that river in the Poverty Bay Catchment Board without consulting Ngati Porou.

The Crown acknowledges that deforestation in the late nineteenth and early twentieth centuries fuelled significant acceleration of erosion and flooding that has had a devastating impact on Ngati Porou rohe wide. It also acknowledges that the measures it adopted to address this problem failed effectively to resolve it.

The Crown acknowledges that its nationalisation of petroleum resources in New Zealand in 1937 caused a great sense of grievance within Ngati Porou that is still held today.

The Crown acknowledges the significant harm Ngati Porou children suffered by being punished for speaking their own language in Crown-established schools for many decades. It also acknowledges that the education system historically had low expectations for Maori academic achievement, and that the educational achievements of students in East Coast schools have lagged well behind those of other New Zealand children.

The Crown acknowledges that its policies contributed to most Ngati Porou now living outside their rohe, and Ngati Porou living on the East Coast have endured social deprivation for too long.

The Crown acknowledges that the health of Ngati Porou living on the East Coast has been worse than that of many other New Zealanders, and they have not had the same opportunities in life that many other New Zealanders have enjoyed.

Kua tau te whakaae a Te Karauna, ko a ia nei te “Treaty Partner” o Ngati Porou, kua tutuki ke i a Ngati Porou ana taunaha i raro i te Tiriti o Waitangi.

Kua whakaae Te Karauna he tino tokomaha rawa atu nga painga kua tutuki i a Ngati Porou, me ona rangatira, whanau, hapu mo Niu Tireni. Ko tetahi atu painga kei nga roopu hoia kei nga topito o te ao. Ka kitea era atu painga kei nga take whakatipu rawa, kei nga kaupapa o te matauranga, kei nga mahi ahuwhenua, kei nga whakahaere torangapu, kei nga tikanga toi, kei nga tari kawana, me nga mahi pakihi hoki.

E whakaae ana Te Karauna kua tutuki ke i a Ngati Porou ana taunaha i raro i te Tiriti o Waitangi, me nga kaupapa o Te Tiriti. E tautoko ana hoki Te Karauna, ahakoa te tini o nga painga kua puta i a Ngati Porou mo Niu Tireni, e noho hapa ana Te Karauna, ki te waihanga kaupapa tika ma reira nei e whakaora ake nga mamae, kua roa ke nei e pehi kino ana ki runga o Ngati Porou. Otiia, kare ke he kaupapa a Te Karauna mo enei ahuatanga, ahakoa noa, kua roa ke a ia e matatau ana ki nga mamaetanga nei.

Kua mohio Te Karauna kei te noho pouri tonu etahi o Ngati Porou, mo te wahanga a Te Karauna i roto i nga pakanga i te Rawhiti i te tau 1865.

Kua tautoko hoki Te Karauna mo ana he, i tana mauheretanga o etahi tangata no Ngati Porou, kare rawa i whakawatia, i mua i to ratau mauheretanga i Te Wharekauri, ki reira noho whakamamae mai ai ki tera whenua pakeke mai i te tau 1866 ki te tau 1868. Na enei mahi he a Te Karauna i takatakahi i Te Tiriti o Waitangi me nga kaupapa o Te Tiriti o Waitangi.

Kua tautoko hoki Te Karauna—

E whakaae ana Te Karauna, nana tonu i whakahau ki a waihangatia nga ture ma reira nei e whakamana te hoko o etahi o nga whenua o Ngati Porou, ahakoa noa kare he mana o enei whakahaere i raro i nga ture whenua Maori, ara te ture whakamana i nga take raupatu i whakahaeretia ana i taua wa.

Kei te whakaae hoki Te Karauna nana i kii—

He wa na ka panui whanuitia e nga kaihoko a Te Karauna a ratau kaupapa mo te hoko i nga whenua o Ngati Porou. Ko te raruraru ke o enei o a ratau whakahaere, kare nga kaihoko a Te Karauna e marama ana ko wai nga mea tika hei korerotanga atu ma ratau mo a ratau kaupapa hoko whenua.

Ka whakaae hoki Te Karauna—

I takatakahia e Te Karauna Te Tiriti o Waitangi me nga kaupapa o te Tiriti, no te mea i mahi he Te Karauna, ina hoki kare ke he wahanga i tukua atu ki te iwi kaenga hei whakarite i nga kaupapa whakahaere mo o ratau whenua i tukua atu ra ki nga whakahaere a te East Coast Trust, ahakoa noa e mohio ana Te Karauna, ka noho roa enei whakahaere ki nga ringa o te Trust.

E tautoko ana Te Karauna i takatakahia e a ia Te Tiriti o Waitangi me nga kaupapa o Te Tiriti no te mea kare i whakaingoatia e a ia he tangata no Ngati Porou hei mema mo Te Tairawhiti Maori Land Board. E whakaae ana ano hoki Te Karauna neke atu i te 35000 eka nga whenua o Ngati Porou i taka ki raro o tenei Poari i waenganui o nga tau 1906 me 1909.

E tautoko ana Te Karauna i takatakahia e a ia Te Tiriti o Waitangi me nga kaupapa o Te Tiriti no to mea kare a ia i kimi i te whakaaetanga a te hunga no ratau aua whenua i mua i te whakamanatanga o te “township” o Te Puia i raro i te Native Townships Act 1895.

E kii ana Te Karauna ko tana mana ki nga rori, ki nga whenua i rahuitia mo nga tangata katoa mo te kore utu, a, me te kore tuku utu kopaheina ranei ki te iwi kaenga, kei raro i te mana o te Ture Native Townships Act 1895. Heoi, na enei mahi a Te Karauna, i takatakahi Te Tiriti o Waitangi me nga kaupapa o Te Tiriti.

Kei te whakaae Te Karauna—

E whakaae ana Te Karauna—

E tautoko ana Te Karauna—

Consolidation schemes and amalgamations (Whakatopu me te Whakamoana)—

E whakaae ana Te Karauna na ana kaupapa muru i nga “uneconomic interests” i raro i te mana o Te Maori Trustee mai i te tau 1953 ki te tau 1973 i kore turangawaewae ai nga hunga tokomaha rawa atu o Ngati Porou.

E whakaae ana Te Karauna he tino nui rawa atu te piri pono o Ngati Porou ki te awa o Waiapu, engari i roto i nga whiringa a Te Karauna hei a wai nga mahi whakahaere i nga rawa o nga whenua o te Rawhiti, ka tukua atu e Te Karauna te mana ki te Poverty Bay Catchment Board, engari kore rawa tetahi kupu kotahi nei a Ngati Porou mo wenei whakaritenga.

E whakaae ana ano hoki Te Karauna, na nga mahi turaki i nga ngahere i nga tau whakamutunga o te 20th Century i whakatere te horo haere o nga whenua, a, me nga waipuke hoki i pa ki roto o Ngati Porou. He tino kino rawa atu te panga o enei ahuatanga ki nga rohenga whanui o Ngati Porou. Ka whakaae ano hoki Te Karauna, kare he painga o nga whakahaere i whakaritea e ratau hei whakaora i nga horohoro e pa nei ki te whenua me nga waipuke e whakaruke nei i te rohe.

Kei te tautoko Te Karauna, na tana waihanga he ture i te tau 1937 ki te whakamana hei a ia tuturu te mana mo nga hinu kei Niu Tirena i tino mamae ai a Ngati Porou mo tenei mahi a Te Karauna a, e mau tonu ana te mamae i te ra nei.

E tautoko ana Te Karauna i te nui o nga kino kua heipu ki nga tamariki o Ngati Porou no te mea i whiua ratau mo nga tau tokomaha rawa atu ki te korero i to ratau ake reo ki roto ki nga kura o Te Karauna. Ko tetahi atu take, ko te iti o te whakapono tera ka taea e te Maori nga taumata o te matauranga, no te mea, kei muri rawa atu nga taumata o te matauranga o nga tamariki kei nga kura o te Rawhiti i era atu o nga tamariki o Niu Tireni.

E tautoko ana ano hoki Te Karauna ko ana kaupapa tetahi o nga take i noho marara ai te nuinga o Ngati Porou ki waho ake i to ratau rohe a, na nga kaupapa ano nei hoki i noho whakamomori ai a Ngati Porou no te mea kare nga awhina-a-iwi i puta ngawari mai ki a ratau.

E tautoko ana hoki Te Karauna he kino rawa atu nga oranga tinana o nga Ngati Porou e noho mai ra i te Rawhiti, i nga oranga tinana o te nuinga atu o nga tangata o Niu Tireni, a, kare hoki te orite nga painga i te puta ki a ratau, pera me nga painga e kaiponohia mai ra e era atu o nga tangata o Niu Tireni.

The Crown profoundly regrets that over the generations it has failed to respect Ngati Porou rangatiratanga, and has breached the Treaty of Waitangi in the manner described in the acknowledgements.

The Crown unreservedly apologises for not having honoured its obligations to Ngati Porou under the Treaty of Waitangi.

The Crown seeks to atone for its wrongs with this settlement. It hopes to build, improve, and strengthen its relationship with Ngati Porou based on respect for the Treaty of Waitangi and its principles.

Kei te tu pouri Te Karauna mona kare i whakanui i te rangatiratanga o Ngati Porou. He ahuatanga tenei i heipu mai ia whakatipuranga, ki ia whakatipuranga. Heoi he tika nga whakapae kua korerotia ake nei i te pukapuka nei e kii ana, i takatakahia e Te Karauna Te Tiriti o Waitangi.

Kei te manawapa rawa atu Te Karauna mona kare i whakahonore tika i ana kaupapa ki a Ngati Porou, i raro i nga kaupapa o Te Tiriti o Waitangi.

Ko te hiahia o Te Karauna ko te whakatika i ona he, i raro i te whakaaetanga-a-pukapuka ki a Ngati Porou, a, i whakaritea tenei pukapapuka tenei i raro i Te Tiriti o Waitangi me nga kaupapa o Te Tiriti o Waitangi.

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, Ngati Porou refers to nga uri o nga whanau hapu o Ngati Porou mai i Potikirua ki te Toka a Taiau, and—

In this section, nga hapu o Ngati Porou means the hapu listed in Part 1 of Schedule 1.

In this section and section 12, Ngati Porou tipuna means an individual who exercised customary rights within the Ngati Porou area of interest on or after 6 February 1840 by virtue of being descended from—

For the purposes of subsections (1)(a) and (3)(a), a person is descended from another person if the person descends from the other by—

In this Act, historical claims—

However, historical claims does not include any claim that—

To avoid doubt, subsection (1) is not limited by subsection (2).

The historical claims are settled.

The settlement of the historical claims 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.

Subsections (1) and (2) do 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 (4) 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.

This section amends the Treaty of Waitangi Act 1975.

Schedule 3 is amended by inserting the following item in its appropriate alphabetical order: “Ngati Porou Claims Settlement Act 2012, section 13(4) and (5)”.

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

The enactments are—

To avoid doubt, those enactments continue to apply to a deferred selection property if—

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),—

A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16 of the Trusts Act 2019,—

However, if Te Runanganui o Ngati Porou is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019.

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—

In this subpart, unless the context otherwise requires,—

The Crown acknowledges the cultural significance to Ngati Porou of nga Paanga Whenua o Ngati Porou as the ancestral lands over which Ngati Porou exercises mana in accordance with Ngati Porou tikanga.

Nga Whakahaere Takirua must be prepared, as a separate part of the conservation management strategy,—

Nga Whakahaere Takirua is a conservation management strategy for the purposes of section 17D of the Conservation Act 1987 and has the same effect as if it were a conservation management strategy prepared and approved under that Act.

Sections 17F, 17H, and 17I of that Act do not apply to the preparation, approval, review, or amendment of nga Whakahaere Takirua required by section 23, but in all other respects the provisions of the Conservation Act 1987 apply to nga Whakahaere Takirua.

Before the parties commence preparation of a draft nga Whakahaere Takirua, they must seek to reach preliminary agreement on—

Not later than 12 months after the settlement date, the parties must commence preparation of a draft nga Whakahaere Takirua in consultation with—

The parties may agree a later date to commence preparing the draft document.

Not later than 6 months after the date when preparation of the draft nga Whakahaere Takirua commences under section 26, the Director-General must—

The notices given under subsection (1) must—

The draft document must continue to be available for public inspection after the date it is notified, at the places and times specified in the notice, with publicity to encourage public participation in the development of the draft document.

The parties may, after consulting with the Conservation Board, seek views on the draft document from any person or organisation that they consider appropriate.

Submissions on the draft nga Whakahaere Takirua may be made to the Director-General, stating whether the submitters wish to be heard in support of their submissions.

The Director-General must provide copies of any submissions to the trustee within 5 business days of receiving the submission.

Persons wishing to be heard must be given a reasonable opportunity to appear before a meeting of representatives of—

The parties and the Conservation Board may hear any other person or organisation whose views on the draft document were sought under section 27(4).

The hearing of submissions must be concluded not later than 2 months after the date specified in the notice given under section 27(1)(b).

The parties must jointly prepare a summary of the submissions on the draft document and any other views on it made known to the parties under section 27(4).

The parties must, after considering the submissions heard and other views received under section 28(4),—

After considering the draft nga Whakahaere Takirua and the summary of submissions received under section 29, the Conservation Board—

The Conservation Board must provide the draft document to the Conservation Authority not later than 5 months after the draft document was provided to the board, unless a later date is directed by the Minister.

The Conservation Authority—

After considering the draft document and any relevant information provided under subsection (1)(a), the Conservation Authority must—

The Minister and trustee jointly must—

The Conservation Authority, after having regard to any recommendations received under subsection (3), must either—

At any time, the parties may, after consulting with the Conservation Board, initiate a review of nga Whakahaere Takirua as a whole or in part.

A review must be carried out in accordance with the process set out in sections 25 to 31 as if those provisions related to the review procedure.

The parties must commence a review of the whole of nga Whakahaere Takirua under this subpart not later than 10 years after the date of its approval, unless the Minister, after consulting with the Conservation Authority and the trustee, extends the period within which the review must be commenced.

At any time the parties may, after consulting with the Conservation Board, initiate amendments to the whole or a part of nga Whakahaere Takirua.

Unless subsection (3) or (4) applies, amendments must be made in accordance with the process set out in sections 25 to 31 as if those provisions related to the amendment procedure.

If the parties consider that the proposed amendments would not materially affect the policies, objectives, or outcomes of nga Whakahaere Takirua or the public interest in respect of the relevant conservation land,—

If the purpose of the proposed amendments is to ensure the accuracy of the information in nga Whakahaere Takirua required by section 17D(7) of the Conservation Act 1987 (which requires the identification and description of all protected areas within the boundaries of the conservation management strategy managed by the Department of Conservation), the parties may amend nga Whakahaere Takirua without following the process prescribed under subsection (2).

The Director-General must notify any amendments made under subsection (4) to the Conservation Board without delay.

Sections 35 and 36 apply to any dispute arising between the trustee and delegates of the Director-General at any stage in the process for preparing and approving nga Whakahaere Takirua.

If, at any stage in that process, a party refers a dispute for resolution, the calculation of any prescribed period of time is stopped until the dispute is resolved and the parties resume the process at the point where it was interrupted.

If, at any stage in the process referred to in section 34, the parties are not able to resolve a dispute within a reasonable time, either party may—

Within 15 business days of the date of the notice given under subsection (1), a local representative of the Department of Conservation and a representative of Te Runanganui must meet in good faith to seek a means to resolve the dispute.

If that meeting does not result in a resolution within 20 business days after the date of the notice, the Director-General and the chief executive of Te Runanganui must meet in good faith to seek a means to resolve the dispute.

The Minister and the chairperson of the trustee must, if the parties agree, meet in good faith to seek to resolve the dispute if—

A resolution reached under this section is valid only to the extent that it is not inconsistent with the statutory obligations of the parties.

If resolution is not reached within a reasonable time under section 35(4) (or under section 35(3), if section 35(4) does not apply), either party may require the dispute to be referred to mediation by giving written notice to the other party.

The parties must seek to agree on 1 or more persons to conduct a mediation or, if agreement is not reached within 15 business days of the notice given under subsection (1), the person who gave notice must notify the President of the New Zealand Law Society in writing, requesting the appointment of a mediator to assist the parties to reach a settlement of the dispute.

A mediator appointed under this section—

The parties must participate in good faith in the mediation.

The parties to the dispute must—

Subsection (2) applies if Ngati Porou prepares, and the trustee approves, a plan that relates to conservation or natural resources within the Ngati Porou area of interest, including matters such as the vision, aspirations, objectives, and policies of Ngati Porou for the area of interest, or in relation to its spiritual, historical, and cultural beliefs.

The New Zealand Conservation Authority, the Conservation Board, and the Director-General must have regard to the plan, to the extent that it is relevant, particularly when—

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 trustee.

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 trustee 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 a failure by the Crown to comply with a protocol.

To avoid doubt,—

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

The noting of the summary of the conservation protocol is—

The conservation protocol does not have the effect of granting, creating, or providing evidence of—

A summary of the terms of the Crown minerals protocol must be noted in—

The noting of the summary is—

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

In this section, minerals programme has the meaning given by section 2(1) of the Crown Minerals Act 1991.

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

The Crown acknowledges the statements of association in relation to the statutory areas listed in Schedule 2.

In this subpart, river (including any tributary)—

The only purposes of the statutory acknowledgement are to—

This section does not limit sections 53 to 55.

On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to a statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustee is an affected person in respect of an application for a resource consent for an activity within, adjacent to, or that directly affects 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 deciding, under section 274 of the Resource Management Act 1991, whether the trustee is a person with an interest greater than that of the general public in respect of proceedings relating to an application for a resource consent for an activity within, adjacent to, or that directly affects a 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 information attached to a statutory plan must include the relevant provisions of sections 45 to 49 in full, the descriptions of the statutory areas, and any statements of association for the statutory area.

The attachment of information to a statutory plan under this section is for the purpose of public information only, and the information is not—

Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustee for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:

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

A copy of the notice given under subsection (1)(b) must be provided not later than 10 business days after the day on which the consent authority receives the notice.

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

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

The trustee and any member of Ngati Porou may, as evidence of the association of Ngati Porou with a statutory area, cite the statutory acknowledgement that relates to that area in submissions or proceedings concerning activities within, adjacent to, or directly affecting the statutory area, that are made to or before—

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

However, the bodies, the court, and the persons specified in subsection (2) may take the statutory acknowledgement into account.

To avoid doubt,—

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 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 does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.

This section amends the Resource Management Act 1991.

Schedule 11 is amended by inserting the following item in its appropriate alphabetical order: “Ngati Porou Claims Settlement Act 2012”.

In this Act, cultural redress property means any of the following sites, and each site means the land described by that name in Schedule 3:

Sites vested in fee simple subject to conservation covenant

Sites vested in fee simple to be administered as scenic reserves

Sites vested in fee simple to be administered as local purpose reserves

Site vested in fee simple

The reservation of the part of Awanui that is Section 5 Awanui Suburban as land reserved as an endowment for primary education under Gazette 1890 page 1055 is revoked.

Awanui ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Awanui vests in the trustee.

Subsections (1) to (3) are subject to the trustee providing to the Crown a registrable covenant for Awanui, in the form of the covenant set out in the documents schedule.

The covenant is to be treated as a conservation covenant for the purposes of—

Whanokao that is part of the Raukumara Conservation Park ceases to be part of that park.

The parts of Whanokao that are part of the Whanokao and Raukokore ecological areas cease to be part of those areas.

Whanokao ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Whanokao vests in the trustee.

Subsections (1) to (4) are subject to the trustee providing to the Crown a registrable covenant for Whanokao, in the form of the covenant set out in the documents schedule.

The covenant is to be treated as a conservation covenant for the purposes of—

Raparapaririki ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Raparapaririki vests in the trustee.

Subsections (1) and (2) are subject to the trustee providing to the Crown the registrable covenant for Lot 6, and that for Lots 7 and 8, of Raparapaririki, in the form of the covenants set out in the documents schedule.

The covenants are to be treated as conservation covenants for the purposes of—

Ruataupare ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Ruataupare vests in the trustee.

Subsections (1) and (2) are subject to the trustee providing to the Crown a registrable covenant for Ruataupare, in the form of the covenant set out in the documents schedule.

The covenant is to be treated as a conservation covenant for the purposes of—

The reservation of the Waipare Redwoods scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

The fee simple estate in Waipare Redwoods vests in the trustee.

Subsections (1) and (2) are subject to the trustee providing to the Crown a registrable covenant for Waipare Redwoods, in the form of the covenant set out in the documents schedule.

The covenant is to be treated as a conservation covenant for the purposes of—

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

The fee simple estate in Anaura vests in the trustee.

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

Subsections (1) to (3) are subject to the trustee providing to the Crown a registrable easement in gross for a right to convey water in favour of the Minister of Conservation, as set out in the documents schedule.

The easement is enforceable in accordance with its terms despite the provisions of the Reserves Act 1977 and is to be treated as having been granted in accordance with that Act.

The reserve created by subsection (3) is named Anaura Scenic Reserve.

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

The fee simple estate in Herenga vests in the trustee.

Herenga 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 Herenga Scenic Reserve.

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

The fee simple estate in Aorangi vests in the trustee.

Aorangi 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 Aorangi Scenic Reserve.

Pakaturi ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Pakaturi vests in the trustee.

Pakaturi 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 Pakaturi Scenic Reserve.

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

The fee simple estate in Paraheka vests in the trustee.

Paraheka 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 Paraheka Scenic Reserve.

The reservation of the part of Pukeamaru that is a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

The parts of Pukeamaru that are conservation areas under the Conservation Act 1987 cease to be conservation areas.

The fee simple estate in Pukeamaru vests in the trustee.

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

Despite section 78(1), on the day of the vesting by subsection (3), the Director-General is to be the administering body of Pukeamaru—

The reserve created by subsection (4) is named Pukeamaru Scenic Reserve.

The part of Waimahuru that is a conservation area under the Conservation Act 1987 ceases to be a conservation area.

The reservation of the part of Waimahuru that is a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

The fee simple estate in Waimahuru vests in the trustee.

Waimahuru 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 (4) is named Waimahuru Scenic Reserve.

The reservation of Te Puia as a hot springs reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Te Puia vests in the trustee.

Te Puia is declared a reserve and classified as a local purpose (geothermal and walking track) reserve subject to section 23 of the Reserves Act 1977.

The trustee (or any subsequent administering body) may, in relation to the reserve, by public notice,—

The reserve created by subsection (3) is named Te Puia Local Purpose (Geothermal and Walking Track) Reserve.

The reservation of Whangaokeno as a government purpose reserve for wildlife management purposes subject to section 22 of the Reserves Act 1977 is revoked.

The fee simple estate in Whangaokeno vests in the trustee.

Whangaokeno is declared a reserve and classified as a local purpose (cultural and wildlife management) reserve subject to section 23 of the Reserves Act 1977.

For the purpose of protecting and preserving the fauna and flora of the reserve in their natural state, no person may enter the reserve without first obtaining—

In subsection (4), enter the reserve—

The reserve created by subsection (3) is named Whangaokeno Local Purpose (Cultural and Wildlife Management) Reserve.

The fee simple estate in Taitai vests in the trustee.

Each cultural redress property vests under subpart 4 in the trustee, subject to, or together with, any encumbrances listed for the property in the third column of the tables in Schedule 3.

This section applies to the fee simple estate in a cultural redress property vested in the trustee under subpart 4.

The Registrar-General must, on written application by an authorised person, comply with subsections (3) to (6).

To the extent that a cultural redress property is all of the land contained in a computer freehold register that is not limited as to parcels, 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 the computer freehold register is limited as to parcels, 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,—

Subsection (4) applies 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—

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

The vesting of the fee simple estate in a cultural redress property under subpart 4 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 (1), the rest of section 24 of the Conservation Act 1987 does not apply to the vesting of any reserve site.

If the reservation under subpart 4 of a reserve site is revoked in relation to all or part of the site, the vesting of the reserve site in the trustee 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.

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

Notification 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 of a reserve site under subpart 4 is revoked in relation to—

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

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under subpart 4, 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 subpart 4 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 trustee is the administering body of each of the reserve sites for the purposes of the Reserves Act 1977.

Despite sections 48A(6), 114(5), and 115(6) of the Reserves Act 1977, sections 48A, 114, and 115 of that Act apply to the reserve sites.

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

If the reservation under subpart 4 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) of that provision, does not apply to the revocation.

This section applies to all, or the part, of a reserve site that remains a reserve under the Reserves Act 1977 after vesting in the trustee under subpart 4 (reserve land).

The fee simple estate in the reserve land may be transferred to any other person, but 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, on written application, the registered proprietors of the reserve land satisfy the Minister of Conservation 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 their registration under subsection (4),—

Despite subsections (1) and (2), subsections (3) to (6) do not apply to the transfer of the fee simple estate in the reserve land if—

The registered proprietors of a reserve site must not mortgage, or give a security interest in, all or any part of the site that remains a reserve under the Reserves Act 1977 after the site is vested in the trustee under subpart 4.

This section applies to any bylaw, prohibition, or restriction on use or access that an administering body or the Minister made or granted under the Reserves Act 1977 or the Conservation Act 1987 in relation to a reserve site before the site vested in the trustee under subpart 4.

The bylaw, prohibition, or restriction on use or access remains in force until it expires or is revoked under the Reserves Act 1977 or the Conservation Act 1987.

If a site vested under subpart 4 comprised, immediately before the vesting, the whole of a reserve or conservation area and an official geographic name was assigned to the site under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008,—

However, if a site vested under subpart 4 comprises only part of a reserve or conservation area to which an official geographic name had been assigned,—

If a site is vested under subpart 4, and reserved and classified as a scenic reserve under that subpart, the scenic reserve does not become a Crown protected area.

The Minister must not change the name of a reserve site under section 16(10) of the Reserves Act 1977 without the written consent of the administering body of the site, and section 16(10A) of that Act does not apply to the proposed change.

In this section, Board, Crown protected area, Gazetteer, and official geographic name have the meanings given in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

To give effect to Part 6 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to do 1 or both of the following:

As soon as is reasonably practicable after the actual deferred settlement date for a deferred selection property, the chief executive of the land holding agency must provide written notification of that date to the chief executive of LINZ for the purposes of section 16.

The Minister of Conservation may grant a right of way easement over a conservation area, as required by clause 6.6.2(b) of the deed of settlement.

An easement granted under subsection (1) is—

This section applies to a commercial redress property or deferred selection property (other than the licensed land) that is to be transferred to the trustee, to the extent that—

The Registrar-General must, in accordance with a written application by an authorised person,—

Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.

In this section and sections 86 and 87, authorised person means a person authorised by the chief executive of the land holding agency for the property.

This section applies to land subject to a single Crown forestry licence that is to be transferred to the trustee under Part 6 of the deed of settlement and Part 5 of the property redress schedule.

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—

For the purposes of sections 85 and 86, 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 trustee under section 83.

Despite the Land Transfer Act 1952,—

This section applies to the transfer to the trustee of a commercial redress property or a deferred selection property (a relevant property).

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

The transfer of a relevant property—

In exercising the powers conferred by this subpart, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a relevant property to the trustee.

Subsection (4) is subject to subsection (3)(a) and (b)(i) and (ii).

In this section, school site means one of the following deferred selection properties described in Part 1 of the property redress schedule under the heading “Deferred selection properties”:

If a school site is transferred to the trustee under section 83,—

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

Notification under subsection (3) 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 a lease referred to in subsection (2)(b), or a renewal of that lease, terminates, or expires without being renewed, in relation to all or part of a school site, the Minister of Education must apply in writing to the Registrar-General,—

The Registrar-General must comply with an application received from the Minister of Education under subsection (5).

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

However, although the licensed land does not cease to be Crown forest land until the transfer of the fee simple estate in the land to the trustee is registered, 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 inconsistent with this Part, Part 6 of the deed of settlement, or Part 5 of the property redress schedule, although consistent with the Crown Forest Assets Act 1989.

The trustee is, in relation to the licensed land, the confirmed beneficiary 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 each 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 trustee is the licensor under each 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 91 applies whether or not, on the settlement date, the transfer of the fee simple estate in the licensed land has been registered.

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

In this section, Crown forestry assets has the same meaning as in section 2(1) of the Crown Forest Assets Act 1989.

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

The owner of the land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow access across the land to each protected site to 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.

The right of access is subject to the following conditions:

The right of access conferred by section 95 is subject to, and does not override, the terms of any Crown forestry licence, except where the licensee has agreed to an exercise of the right of access.

An amendment to a Crown forestry licence will be of no effect to the extent that it purports to—

The Registrar-General must, in accordance with a written application by an authorised person, record on the computer freehold register for the licensed land and the unlicensed land that the land is, or may at any future time be, subject to the right of access set out in section 95.

An application must be made as soon as is reasonably practicable after the settlement date.

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

In this section, authorised person means—

In this subpart and Schedule 4, unless the context requires another meaning,—

In this subpart, RFR land means—

However, land ceases to be RFR land if—

An RFR landowner must not dispose of RFR land to a person other than the trustee or its nominee unless the land is disposed of—

An offer by an RFR landowner to dispose of RFR land to the trustee must be by notice to the trustee, incorporating—

The expiry date of an offer must be on or after the day that is 40 business days after the date on which the trustee receives notice of the offer.

However, the expiry date of an offer may be on or after the day that is 20 business days after the date on which the trustee receives notice of the offer if—

The RFR landowner may, by notice to the trustee, withdraw an offer at any time before it is accepted.

The trustee may, by notice to the RFR landowner who made an offer, accept the offer if—

The trustee must accept all the RFR land offered, unless the offer permits it to accept less.

If the trustee accepts an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and the trustee on the terms in the offer, including the terms set out in subsections (3) to (6).

The terms of the contract may be varied by written agreement between the RFR landowner and the trustee.

Under the contract, the trustee may nominate any person other than the trustee (the nominee) to receive the transfer of the RFR land.

The trustee may nominate a nominee, but only—

The notice must specify—

If the trustee nominates a nominee, the trustee remains liable for the obligations of the transferee under the contract.

An RFR landowner may dispose of RFR land to—

To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 of the Education and Training Act 2020.

An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 of the Public Works Act 1981 to a local authority (as defined in section 2 of the Public Works Act 1981).

To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—

An RFR landowner may dispose of RFR land in accordance with section 26 or 26A of the Reserves Act 1977.

To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—

However, if the RFR land vests back in the Crown under section 25 or 27 of the Reserves Act 1977, the Crown becomes—

An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.

An RFR landowner may dispose of RFR land in accordance with—

The Crown may dispose of RFR land in accordance with—

An RFR landowner may dispose of RFR land in accordance with—

To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 of Te Ture Whenua Maori Act 1993, after an application by an RFR landowner under section 41(1)(e) of the Public Works Act 1981.

An RFR landowner may dispose of RFR land in accordance with—

An RFR landowner may dispose of RFR land as a gift for charitable purposes.

The Crown may dispose of RFR land—

Housing New Zealand Corporation or any of its subsidiaries may dispose of RFR land to any person if the Corporation has given notice to the trustee that, in the Corporation’s opinion, the disposal is to give effect to, or to assist in giving effect to, the Crown’s social objectives in relation to housing or services relating to housing.

An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—

Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment.

This subpart does not limit subsection (1).

If a computer register is first created for RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the register has been created.

If land for which there is a computer register becomes RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.

The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.

The notice must specify the legal description of the land and identify the computer register that contains the land.

An RFR landowner must give notice to the trustee of the disposal of RFR land by the landowner to a person other than the trustee.

The notice must be given on or before the day that is 20 business days before the date of the disposal.

The notice must—

This section applies if land contained in a computer register is to cease being RFR land because—

The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.

The notice must—

Schedule 4 applies to notices given under this subpart by or to—

The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers that contain,—

The chief executive must issue a certificate, as soon as is reasonably practicable,—

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

The chief executive must provide a copy of each certificate to the trustee as soon as is reasonably practicable after issuing the certificate.

The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on the computer register that the land described in the certificate (and contained in the computer register) is—

The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 120, issue to the Registrar-General a certificate that—

The chief executive must provide a copy of each certificate to the trustee as soon as is reasonably practicable after issuing the certificate.

If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove any memorial recorded under section 122 from the computer register identified in the certificate.

As soon as is reasonably practicable after the RFR period ends in respect of the RFR land, the chief executive of LINZ must issue to the Registrar-General a certificate that—

The chief executive must provide a copy of each certificate to the trustee as soon as is reasonably practicable after issuing the certificate.

The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any memorial recorded under section 122 from any computer register identified in the certificate.

The trustee may, by notice to an RFR landowner, waive any or all of its rights in relation to the landowner under this subpart.

The trustee and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.

A waiver or agreement under this section is on the terms, and applies for the period, specified in it.

This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.

Subsection (2) applies if, at any time, an RFR holder—

This subpart and Schedule 4 apply, with all necessary modifications, to an assignee as if the assignee were the trustee.

An RFR holder must give a notice to each RFR landowner—