Ngāti Whātua Ōrākei Claims Settlement Act 2012

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Version as at 12 April 2022

Ngāti Whātua Ōrākei Claims Settlement Act 2012

Public Act		2012 No 91
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
4	Act binds the Crown
5	Outline
6	Text of acknowledgements
7	Text of apology
8	Timing of actions or matters
	Interpretation
9	Interpretation of Act generally
10	Interpretation
11	Meaning of Ngāti Whātua Ōrākei
12	Meaning of historical claims
	Settlement of historical claims
13	Settlement of section 12(2) and (3)(a) to (c) historical claims final
13A	Settlement of section 12(3)(d) historical claims
14	Amendment to Treaty of Waitangi Act 1975
	Protections no longer apply
15	Certain enactments do not apply
16	Removal of memorials
	Other matters
17	Trustee to negotiate outstanding claims of Ngāti Whātua Ōrākei
18	Participation in certain Waitangi Tribunal matters unaffected
19	The Crown not prevented from providing other similar redress
20	Limit on duration of trusts does not apply
21	Access to deed of settlement
	Part 2 Cultural redress
	Subpart 1—Protocols
22	Authority to issue, amend, or cancel protocols
23	Protocols subject to rights, functions, and obligations
24	Enforceability of protocols
25	Limitation of rights
26	Noting of conservation protocol
27	Noting of Crown minerals protocol
	Subpart 2—Statutory acknowledgement
28	Interpretation
29	Statutory acknowledgement by the Crown
30	Purposes of statutory acknowledgement
31	Auckland Council to have regard to statutory acknowledgement
32	Environment Court to have regard to statutory acknowledgement
33	Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
34	Recording statutory acknowledgement on statutory plans
35	Provision of resource consent applications to trustee
36	Use of statutory acknowledgement
37	Trustee may waive rights
38	Exercise of powers and performance of duties and functions
39	Rights not affected
40	Limitation of rights
41	Amendment to Resource Management Act 1991
	Subpart 3—Vesting of Pourewa Creek site
42	Vesting of Pourewa Creek site
43	Pourewa Creek site must remain vested in trustee
44	Pourewa Creek site vests subject to or together with encumbrances
45	Application of certain enactments to vesting
46	Administration of Pourewa Creek Recreation Reserve and application of Reserves Act 1977
47	Pourewa Creek Recreation Reserve not Crown protected area
48	Registration of ownership and recording of application of enactments
	Subpart 4—Assignment of official geographic name to Pourewa Creek
49	Interpretation
50	Official geographic name assigned to Pourewa Creek
51	Publication of new name
52	Alteration of new name
	Part 3 Commercial redress
53	The Crown may transfer commercial properties
54	Narrow Neck property reserve status revoked
55	Hauraki Gulf Marine Park Act 2000 amended (to remove Narrow Neck property from its jurisdiction)
56	Registrar-General to create computer freehold register
57	Application of other enactments
58	Certificate to accompany certain instruments for registration
	Part 4 Ōrākei Block
59	Interpretation
	Vesting and status of hapū land
60	Vesting and status of hapū land
61	Hapū reservation
	Duties and powers of trustee in relation to hapū land and pūtea
62	Trustee duties and powers in respect of hapū land and pūtea
63	Permissible dealings with hapū land and pūtea that is land
64	Prohibited dealings with hapū land
	Naming of whenua rangatira
65	Naming of whenua rangatira
	Ngāti Whātua Ōrākei Reserves Board
66	Ngāti Whātua Ōrākei Reserves Board
	Duties and powers of Reserves Board in relation to whenua rangatira
67	Duties and powers of Reserves Board in relation to whenua rangatira
68	Power to grant leases and licences
	Costs of managing whenua rangatira
69	Costs of management of whenua rangatira
	Miscellaneous matters
70	Stopped roads to vest in trustee
71	Application of Resource Management Act 1991
72	Exemption from payment of rates and other charges
73	No reserves contribution to be required on subdivision
74	Exemption from payment of land tax
75	Registrars to give effect to provisions of this Part
	Regulations
76	Regulations
	Part 5 Transitional provisions, consequential amendments, etc
	Subpart 1—Governance entities
77	Interpretation
	Dissolution of Statutory Trust Board
78	Dissolution of Statutory Trust Board
79	Vesting of assets and liabilities of Statutory Trust Board
80	Final report of Statutory Trust Board
	Dissolution of Charitable Trust Board
81	Dissolution of Charitable Trust Board
82	Vesting of assets and liabilities of Charitable Trust Board
83	Assets and liabilities of subsidiaries freed of charitable purposes
	General matters relating to dissolution of Statutory Trust Board and Charitable Trust Board
84	Matters not affected by transfer
85	Status of contracts and other instruments
86	Status of existing securities
87	Books and documents to remain evidence
88	Registers
	Employees of Statutory Trust Board and Charitable Trust Board
89	Transfer of employees
90	Protection of terms and conditions of employment
91	Continuity of employment
92	No compensation for technical redundancy
	Reserves Board
93	Reserves Board
	Subpart 2—Transitional taxation provisions
94	Application of this subpart
	Statutory Trust Board
95	Taxation in respect of transfer of assets and liabilities of Statutory Trust Board
	Charitable Trust Board
96	Taxation in respect of transfer of assets and liabilities of Charitable Trust Board
	Election by trustee to be Maori authority
97	Election by trustee to be Maori authority
	Subsidiaries
98	Taxation in respect of assets and liabilities of subsidiaries
99	Election by subsidiary to be Maori authority
	Subpart 3—Repeal of Orakei Act 1991 and consequential amendments to other enactments
100	Orakei Act 1991 repealed
101	Consequential amendments to other enactments
	Schedule 1 Pourewa Creek site: Land description
	Schedule 2 Narrow Neck property: Land description
	Schedule 3 Ōrākei Block: Hapū land description
	Schedule 4 Ngāti Whātua Ōrākei Reserves Board
	Schedule 5 Consequential amendments to other enactments
	Notes

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