Ngāti Whātua Ōrākei Claims Settlement Act 2012

If you need more information about this Act, please contact the administering agency: The Office for Māori Crown Relations – Te Arawhiti

Version as at 12 April 2022

Coat of Arms of New Zealand

Ngāti Whātua Ōrākei Claims Settlement Act 2012

Public Act
2012 No 91
Date of assent
19 November 2012
see section 2

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.


4Act binds the Crown
6Text of acknowledgements
7Text of apology
8Timing of actions or matters
9Interpretation of Act generally
11Meaning of Ngāti Whātua Ōrākei
12Meaning of historical claims
13Settlement of section 12(2) and (3)(a) to (c) historical claims final
13ASettlement of section 12(3)(d) historical claims
14Amendment to Treaty of Waitangi Act 1975
15Certain enactments do not apply
16Removal of memorials
17Trustee to negotiate outstanding claims of Ngāti Whātua Ōrākei
18Participation in certain Waitangi Tribunal matters unaffected
19The Crown not prevented from providing other similar redress
20Limit on duration of trusts does not apply
21Access to deed of settlement
22Authority to issue, amend, or cancel protocols
23Protocols subject to rights, functions, and obligations
24Enforceability of protocols
25Limitation of rights
26Noting of conservation protocol
27Noting of Crown minerals protocol
29Statutory acknowledgement by the Crown
30Purposes of statutory acknowledgement
31Auckland Council to have regard to statutory acknowledgement
32Environment Court to have regard to statutory acknowledgement
33Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
34Recording statutory acknowledgement on statutory plans
35Provision of resource consent applications to trustee
36Use of statutory acknowledgement
37Trustee may waive rights
38Exercise of powers and performance of duties and functions
39Rights not affected
40Limitation of rights
41Amendment to Resource Management Act 1991
42Vesting of Pourewa Creek site
43Pourewa Creek site must remain vested in trustee
44Pourewa Creek site vests subject to or together with encumbrances
45Application of certain enactments to vesting
46Administration of Pourewa Creek Recreation Reserve and application of Reserves Act 1977
47Pourewa Creek Recreation Reserve not Crown protected area
48Registration of ownership and recording of application of enactments
50Official geographic name assigned to Pourewa Creek
51Publication of new name
52Alteration of new name
53The Crown may transfer commercial properties
54Narrow Neck property reserve status revoked
55Hauraki Gulf Marine Park Act 2000 amended (to remove Narrow Neck property from its jurisdiction)
56Registrar-General to create computer freehold register
57Application of other enactments
58Certificate to accompany certain instruments for registration
60Vesting and status of hapū land
61Hapū reservation
62Trustee duties and powers in respect of hapū land and pūtea
63Permissible dealings with hapū land and pūtea that is land
64Prohibited dealings with hapū land
65Naming of whenua rangatira
66Ngāti Whātua Ōrākei Reserves Board
67Duties and powers of Reserves Board in relation to whenua rangatira
68Power to grant leases and licences
69Costs of management of whenua rangatira
70Stopped roads to vest in trustee
71Application of Resource Management Act 1991
72Exemption from payment of rates and other charges
73No reserves contribution to be required on subdivision
74Exemption from payment of land tax
75Registrars to give effect to provisions of this Part
78Dissolution of Statutory Trust Board
79Vesting of assets and liabilities of Statutory Trust Board
80Final report of Statutory Trust Board
81Dissolution of Charitable Trust Board
82Vesting of assets and liabilities of Charitable Trust Board
83Assets and liabilities of subsidiaries freed of charitable purposes
84Matters not affected by transfer
85Status of contracts and other instruments
86Status of existing securities
87Books and documents to remain evidence
89Transfer of employees
90Protection of terms and conditions of employment
91Continuity of employment
92No compensation for technical redundancy
93Reserves Board
94Application of this subpart
95Taxation in respect of transfer of assets and liabilities of Statutory Trust Board
96Taxation in respect of transfer of assets and liabilities of Charitable Trust Board
97Election by trustee to be Maori authority
98Taxation in respect of assets and liabilities of subsidiaries
99Election by subsidiary to be Maori authority
100Orakei Act 1991 repealed
101Consequential amendments to other enactments

The Parliament of New Zealand enacts as follows: