Reprint as at 1 January 2014
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Ministry of Justice.
1 Title
2 Commencement
Part 1Preliminary provisions and settlement of historical claims
3 Purpose of Act
4 Provisions take effect on settlement date
5 Act binds the Crown
6 Outline
Acknowledgements and apology of the Crown
7 Acknowledgements and apology
8 Text of acknowledgements
9 Text of apology
Interpretation
10 Interpretation of Act generally
11 Interpretation
12 Meaning of Ngāti Manuhiri
13 Meaning of historical claims
Settlement of historical claims
14 Settlement of historical claims final
15 Amendment to Treaty of Waitangi Act 1975
Protections no longer apply
16 Certain enactments do not apply
17 Removal of memorials
Other matters
18 Rule against perpetuities does not apply
19 Access to deed of settlement
Part 2Cultural redress
Subpart 1—Protocols
General provisions
20 Issue, amendment, and cancellation of protocols
21 Protocols subject to rights, functions, and obligations
22 Enforceability of protocols
23 Limitation of rights
Noting of conservation and Crown minerals protocols
24 Noting of conservation protocol
25 Noting of Crown minerals protocol
Subpart 2—Statutory acknowledgement and deed of recognition
Statutory acknowledgement
26 Interpretation
27 Statutory acknowledgement by the Crown
28 Purposes of statutory acknowledgement
29 Relevant consent authorities to have regard to statutory acknowledgement
30 Environment Court to have regard to statutory acknowledgement
31 Historic Places Trust and Environment Court to have regard to statutory acknowledgement
32 Recording statutory acknowledgement on statutory plans
33 Provision of summaries or notices of certain applications to trustees
34 Use of statutory acknowledgement
35 Trustees may waive rights
36 Application to river or stream
Deed of recognition
37 Issue and amendment of deed of recognition
38 Exercise of powers and performance of functions and duties
39 Rights not affected
40 Limitation of rights
41 Amendment to Resource Management Act 1991
Subpart 3—Whenua rāhui
42 Interpretation
43 Declaration of whenua rāhui
44 Acknowledgement by the Crown of statement of Ngāti Manuhiri values
45 Purposes of whenua rāhui
46 Agreement on protection principles
47 New Zealand Conservation Authority and Conservation Boards to have particular regard to certain matters
48 New Zealand Conservation Authority and Conservation Boards to consult trustees
49 Conservation management strategy
50 Noting of whenua rāhui
51 Notification in Gazette
52 Actions by Director-General
53 Amendment to strategy or plan
54 Regulations
55 Bylaws
56 Existing classification of whenua rāhui sites
57 Termination of whenua rāhui
58 Exercise of powers and performance of functions and duties
59 Rights not affected
60 Limitation of rights
Subpart 4—Vesting of cultural redress properties
61 Interpretation
62 Mount Tamahunga summit site
63 Leigh Recreation Reserve site
64 Pākiri Domain Recreation Reserve site
65 Pākiri Block conservation area
66 Pākiri riverbed site
67 Te Maraeroa
Subpart 5—General provisions relating to vesting of cultural redress properties
68 Properties vest subject to, or together with, interests
69 Registration of ownership
70 Application of Part 4A of Conservation Act 1987
71 Recording application of Part 4A of Conservation Act 1987 and sections of this Act
72 Application of other enactments
Provisions relating to reserve sites
73 Application of Reserves Act 1977 to reserve sites
74 Subsequent transfer of reserve site
75 No mortgage of reserve land
76 Saving of bylaws, etc, in relation to reserve sites
77 Names of Crown protected areas and reserve sites
Subpart 6—Geographic names
78 Interpretation
79 New names of features
80 Publication of new names
81 Alteration of new names
82 Name changes for Crown protected areas
Subpart 7—Vesting and gifting back of Te Hauturu-o-Toi / Little Barrier Island gift area
83 Vesting and gifting back of area
Subpart 8—Co-governance of Te Hauturu-o-Toi / Little Barrier Island gift area
84 Interpretation
85 Process for preparation and approval of Hauturu plan
86 Preparation of draft plan
87 Notification of draft plan
88 Submissions on draft plan
89 Hearing of submissions
90 Revision of draft plan
91 Referral of draft plan to Conservation Authority and Minister
92 Approval of draft plan
93 Referral of disagreement to Conservation Authority
94 Mediation of disagreement
95 Review of Hauturu plan
96 Amendment of Hauturu plan
97 Involvement of other iwi
Subpart 9—Removal of stones from Te Hauturu-o-Toi / Little Barrier Island gift area for cultural purposes
98 Interpretation
99 Stones may be removed with written authorisation
100 Conditions of removing stones
101 Disputes
Part 3Commercial redress
Subpart 1—Transfer of commercial redress properties
102 The Crown may transfer properties
103 Registrar-General to create computer freehold register
104 Application of other enactments
Subpart 2—Licensed land
105 Licensed land ceases to be Crown forest land
106 Trustees confirmed beneficiaries and licensors in relation to licensed land
Subpart 3—Right of access to protected sites
107 Interpretation
108 Right of access to protected site
109 Right of access subject to Crown forestry licence
110 Notation on computer freehold register
Subpart 4—Right of first refusal in relation to RFR land
111 Interpretation
112 Meaning of RFR land
113 Specified RFR property may cease to be RFR land
Restrictions on disposal of RFR land
114 Restrictions on disposal of RFR land
Trustees’ right of first refusal
115 Requirements for offer
116 Expiry date of offer
117 Withdrawal of offer
118 Acceptance of offer
119 Formation of contract
Disposals to others where land remains RFR land
120 Disposals to the Crown or Crown bodies
121 Disposals of existing public works to local authorities
122 Disposals of reserves to administering bodies
Disposals to others where land may cease to be RFR land
123 Disposals in accordance with enactment or rule of law
124 Disposals in accordance with legal or equitable obligation
125 Disposals by the Crown under certain legislation
126 Disposals of land held for public works
127 Disposals for reserve or conservation purposes
128 Disposals for charitable purposes
129 Disposals to tenants
130 RFR landowner’s obligations subject to other things
Notices
131 Notice of RFR land with computer register after settlement date
132 Notice to trustees of disposals of RFR land to others
133 Notice of land ceasing to be RFR land
134 Notice requirements
Memorials for RFR land
135 Recording memorials on computer registers for RFR land
136 Removal of memorials when land ceases to be RFR land
137 Removal of memorials when RFR period ends
138 Waiver and variation
139 Disposal of Crown bodies not affected
140 Assignment of rights and obligations under this subpart
Schedule 1Statutory areas
Schedule 2Whenua rāhui sites
Schedule 3Cultural redress properties
Schedule 4Notices in relation to RFR land
Reprint notes
The Parliament of New Zealand enacts as follows: