Ngāti Manuhiri Claims Settlement Act 2012

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Version as at 30 November 2022

Ngāti Manuhiri Claims Settlement Act 2012

Public Act		2012 No 90
Date of assent		19 November 2012
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

1	Title
2	Commencement
	Part 1 Preliminary 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	Limit on duration of trusts does not apply
19	Access to deed of settlement
	Part 2 Cultural 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	Heritage New Zealand Pouhere Taonga 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
	General provisions
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
	General provisions
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 3 Commercial 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 record of title
	Subpart 4—Right of first refusal in relation to RFR land
	Interpretation
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
	General provisions
138	Waiver and variation
139	Disposal of Crown bodies not affected
140	Assignment of rights and obligations under this subpart
	Schedule 1 Statutory areas
	Schedule 2 Whenua rāhui sites
	Schedule 3 Cultural redress properties
	Schedule 4 Notices in relation to RFR land
	Schedule 5 Land not subject to right of access
	Notes

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