The purpose of this Act is to give effect to certain provisions of the deed of settlement, which is a deed that settles the historical claims of Ngāti Whātua Ōrākei.

This Act binds the Crown.

This section is a guide to the overall scheme and effect of this Act. It does not affect the interpretation or application of the other provisions of this Act or the deed of settlement.

This Part—

Part 2 provides for the following cultural redress:

Part 3 provides for commercial redress and authorises the Crown to transfer commercial properties to give effect to the deed of settlement, including the Narrow Neck property.

Part 4 relates to the Ōrākei Block (as described in Schedule 3). Parliament has previously partly addressed Ngāti Whātua Ōrākei grievances in relation to this block through the enactment of the Orakei Block (Vesting and Use) Act 1978 and the Orakei Act 1991. Those Acts—

Part 4 builds on the settlements reached in those earlier Acts by carrying over those matters of continuing relevance (either with or without amendment) and specifying the powers to be exercised and the functions to be performed by Ngāti Whātua Ōrākei in relation to the Ōrākei Block.

Part 5 provides for transitional provisions, consequential amendments, and other similar matters, including the dissolution of certain Ngāti Whātua Ōrākei governance entities, the transfer of their assets and liabilities to the trustee of the Ngāti Whātua Ōrākei Trust, and the repeal of the Orakei Act 1991.

There are 5 schedules, as follows:

The text of the Crown’s acknowledgements set out in the deed of settlement is set out in the following subsections:

E whakaae ana te Karauna, mai anō i te tau 1840 i whai a Ngāti Whātua Ōrākei ki te whakatū hononga me te Karauna me tā rātou huri ki te whakakaha i tēnei hononga mā te whakawhiti whenua mō ngā nohanga te take. I whai wāhi ēnei whenua ki te whanaketanga o Aotearoa, tae noa ki te whanaketanga o Tāmaki Makaurau. Ka whakaae anō hoki te Karauna, i rapu a Ngāti Whātua ki te whakakaha i te hononga nei mā te whakaputa i tōna ngākau pono ki te Karauna.

E whakaae ana te Karauna, kāore i puta ngā hua me te whakamarumarutanga i ngā wā katoa, e ai ki tērā i mana nei e Ngāti Whātua Ōrākei ka riro ki a rātou, nā runga i te hononga.

E whakaae ana te Karauna, mai i te tau 1840, nui tonu ngā whenua ō Ngāti Whātua Ōrākei i wehea, i whakawhiti whenua hoki mā te whakatahanga a te Karauna i tōna mana hoko whenua, tae noa ki ngā tangohanga “whenua tuwhene” a te Karauna. He takahitanga o te Tiriti o Waitangi me ōna mātāpono te kore eke a te Karauna ki te tiaki i ngā whenua, me te hoatu he rawa matua, kia rawaka tonu, hei whakamahi, hei huanga hoki mā Ngāti Whātua Ōrākei mō ngā rā kei te tū.

E whakaae ana te Karauna, kua kāwetoweto te āheitanga o Ngāti Whātua Ōrākei ki te whakahaere i tōna mana motuhake, nā runga i ngā mahi whakawehe i ngā hapū ō Ngāti Whātua i ōna whenua.

E whakaae ana te Karauna, kāore i tika te whakahāngai a te Karauna i ētahi ture i te wā o te whakatahanga whakawāteatanga, hei tiaki i ngā pānga Māori.

E whakaae ana te Karauna, takarepa ana ngā mahi ki te tiaki tika i ngā pā, i ngā urupā hoki, tae noa ki a Maungakiekie, tētahi wāhi tāpua o nehe ā-wairua hoki, i te wā o te whakatahanga whakawāteatanga ā, he takahitanga o te Tiriti o Waitangi me ōna mātāpono tēnei hapa ki te tiaki kia tika.

E whakaae ana te Karauna, he takahitanga o te Tiriti o Waitangi me ōna mātāpono tōna kore nganā ki te tāpui (ki te hoatu ki tētahi poari, komiti rānei hei tautiaki) i te hautekau o ngā whenua i whakawhitia i te wā o te whakatahanga whakawāteatanga, hei whakamahi i ngā rā kei te tū, hei hua motuhake rānei mā ngā hunga taketake o taua whenua me ō rātou uri whakatupu ā Ngāti Whātua Ōrākei.

E whakaae ana te Karauna, he takahitanga o te Tiriti o Waitangi me ōna mātāpono tōna kaupapahere tango “Whenua Tuwhene” mai i ngā hokona whakatahanga whakawateatanga i whakakorea, nā tōna hē ki te kore whakarite i tētahi rautaki ki te aromatawai kia rawaka te pupuri a Ngāti Whātua i ētahi whenua mā rātou ake. Ka whakaae anō hoki te Karauna, i kaha ake te hē nā runga i ngā tōrōkiri i roto i te āhua whakatinana a te Karauna i te kaupapahere, he takahitanga anō o te Tiriti o Waitangi me ōna mātāpono.

E whakaae ana te Karauna, i puta he momo whakamau ki a Ngāti Whātua Ōrākei, ā, whakamau tonu nei i ēnei rangi, i ngā mahi whakawhenua anō, me ētahi atu momo mahi whanaketanga ki ngā whanga o Waitematā me Manuka i pā ai te kino ki runga i ngā taunga ika me ētahi atu rawa o ngā whanga nei.

The Crown acknowledges that Ngāti Whātua Ōrākei endeavoured to establish a relationship with the Crown from 1840 and sought to strengthen this relationship, in part, by transferring lands for settlement purposes. These lands have contributed to the development of New Zealand and Auckland in particular. The Crown also acknowledges that Ngāti Whātua sought to strengthen the relationship by expressing loyalty to the Crown.

The Crown acknowledges that the benefits and protection that Ngāti Whātua Ōrākei expected to flow from its relationship with the Crown were not always realised.

The Crown acknowledges that a large amount of Ngāti Whātua Ōrākei land was alienated from 1840 by way of Crown purchase and pre-emption waiver transactions, including the acquisition of “surplus lands” by the Crown. The Crown’s failure to protect lands and provide adequate endowments for the future use or benefit of Ngāti Whātua Ōrākei was a breach of the Treaty of Waitangi and its principles.

The Crown acknowledges that land alienation has diminished the ability of Ngāti Whātua Ōrākei to exercise mana whenua.

The Crown acknowledges that certain regulations to protect Māori interests in the pre-emption waiver period were not applied correctly by the Crown.

The Crown acknowledges that inadequate protections were applied to pā and urupā in the pre-emption waiver period, including Maungakiekie, a site of historical and spiritual significance to Ngāti Whātua Ōrākei, and that this failure of active protection was a breach of the Treaty of Waitangi and its principles.

The Crown acknowledges that its failure to set aside (entrusted to a board or committee) one-tenth of the lands transferred during the pre-emption waiver period for the future use or special benefit of the original owners of that land and their descendants (including Ngāti Whātua Ōrākei) was a breach of the Treaty of Waitangi and its principles.

The Crown acknowledges that its policy of taking “surplus lands” from disallowed pre-emption waiver purchases breached the Treaty of Waitangi and its principles when it failed to ensure any assessment of whether Ngāti Whātua Ōrākei retained adequate lands for their needs. The Crown also acknowledges that this failure was compounded by flaws in the way the Crown implemented the policy in further breach of the Treaty of Waitangi and its principles.

The Crown acknowledges that reclamations and other forms of development of the Waitematā and Manukau Harbours, which had a damaging effect upon fisheries and other harbour resources, caused a sense of grievance for Ngāti Whātua Ōrākei that is still held today.

The text of the Crown’s apology set out in the deed of settlement is set out in the following subsections:

Ka tuku whakapāha te Karauna ki a Ngāti Whātua Ōrākei, ki ō rātou tūpuna, me ō rātou uri whakatupu.

E aro ana te Karauna, mai i te tau 1840 i whai a Ngāti Whātua Ōrākei i tētahi hononga tata, pai hoki, ki te taha o te Karauna, ā, mā te mahi whakawhiti whenua me ētahi atu huarahi, i tuku whenua rātou hei nohanga kāinga Pākehā.

E tino āwhiti ana, e kaha pouri ana hoki te Karauna mō āna mahi tango whenua, i tata whenua kore ai a Ngāti Whātua Ōrākei i te tau 1855. Ka kino kē ngā putanga o te noho whenua kore kua puta ake mō te oranga pāpori, oranga ōhanga me te oranga wairua ō Ngāti Whātua Ōrākei, ā, e rangona tonutia ana te pānga o aua pehitanga i ēnei rangi.

E tino whakapāha ana te Karauna mō tana kore whakahōnore i ōna here ki a Ngāti Whātua Ōrākei i raro i te Tiriti o Waitangi. Mā tēnei whakataunga, e hiahia ana te Karauna ki te whakahāngai ēnei hara ōna, inā rā te taea i nāianei, me tana tīmata i te hohau te rongo. E rika ana te Karauna ki te whakapai i tōna hononga me Ngāti Whātua Ōrākei i runga i te ngākau whakawhirinaki, mahi ngātahi, me te aro tuturu mō te Tiriti o Waitangi me ōna mātāpono.

The Crown makes this apology to Ngāti Whātua Ōrākei and to their ancestors and descendants.

The Crown recognises that from 1840, Ngāti Whātua Ōrākei sought a close and positive relationship with the Crown and, through land transactions and other means, provided lands for European settlement.

The Crown profoundly regrets and is deeply sorry for its actions which left Ngāti Whātua Ōrākei virtually landless by 1855. This state of landlessness has had devastating consequences for the social, economic and spiritual well-being of Ngāti Whātua Ōrākei that continue to be felt today.

The Crown unreservedly apologises for not having honoured its obligations to Ngāti Whātua Ōrākei under the Treaty of Waitangi. By this settlement the Crown seeks to atone for its wrongs, so far as that is now possible, and begin the process of healing. The Crown looks forward to repairing its relationship with Ngāti Whātua Ōrākei based on mutual trust, co-operation and respect for the Treaty of Waitangi and its principles.

Actions or matters occurring or taking effect under this Act occur or take effect on 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, the action or matter occurs or takes effect on and from that other date.

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 requires another meaning,—

In this Act, Ngāti Whātua Ōrākei—

In this section, customary rights means rights according to tikanga Māori, including—

In this Act, historical claims—

The historical claims are every claim that Ngāti Whātua Ōrākei or a representative entity had on or before the settlement date, or may have after the settlement date, and that—

The historical claims include—

However, the historical claims do not include—

A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.

In this section, historical claims means the claims described in section 12(2) and (3)(a) to (c).

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 the jurisdiction to inquire or further inquire 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.

In this section,—

The historical claims are settled.

The settlement of the historical claims is final and, on and from the effective 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 collective deed.

Despite any other enactment or rule of law, on and from the effective date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire 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 collective deed of settlement or the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014.

This section amends the Treaty of Waitangi Act 1975.

In Schedule 3, insert in its appropriate alphabetical order “Ngāti Whātua Ōrākei Claims Settlement Act 2012, section 13(4) and (5)”.

The enactments listed in subsection (2) do not apply—

The enactments are—

The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the computer register that contains, each allotment—

The chief executive of LINZ must issue a certificate under subsection (1)—

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

The Registrar-General must, as soon as is reasonably practicable after receiving a certificate,—

The trustee may negotiate with the Crown, or any other body or authority concerned, for the settlement of any outstanding claims relating to the customary rights and usages of Ngāti Whātua Ōrākei, including those matters that derive from the mana whenua of Ngāti Whātua Ōrākei in the Tāmaki isthmus.

The trustee has the sole authority to conduct negotiations on any claim referred to in subsection (1) in respect of Ngāti Whātua Ōrākei, or of any particular whānau, hapū, or group within Ngāti Whātua Ōrākei.

This section is subject to section 13.

Nothing in this Act limits or affects the rights of Ngāti Whātua Ōrākei to participate in any proceedings before the Waitangi Tribunal in order to—

This section is for the avoidance of doubt.

The provision of the specified cultural redress does not prevent the Crown from doing anything that is consistent with that cultural redress, including—

However, subsection (1) is not an acknowledgement by the Crown or Ngāti Whātua Ōrākei that any other iwi or group has interests in relation to land or an area to which any of the specified cultural redress relates.

In this section, specified cultural redress means both of the following:

No rule of law or provisions of an Act limiting the duration of a trust, including section 16 of the Trusts Act 2019,—

However, if the Ngāti Whātua Ōrākei Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019.

The chief executive of the Ministry of Justice must make copies of the deed of settlement available—

The Crown (acting by and through the chief executive of the land holding agency) is authorised to do the following to give effect to the deed of settlement:

The reservation of the Narrow Neck property as a reserve for defence purposes subject to the Reserves Act 1977 is revoked.

Sections 24 and 25 of that Act do not apply to the revocation of its reserve status.

This section amends the Hauraki Gulf Marine Park Act 2000.

In Schedule 4, Part 2, replace the item with:

To the extent that a commercial property is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property, the Registrar-General must, in accordance with a written application by a person authorised by the chief executive of the land holding agency,—

Subsection (1) is subject to the completion of any survey necessary to create a computer freehold register.

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 or any other person for the purposes of section 53(a).

Despite the Land Transfer Act 1952,—

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

The transfer of a commercial property for the purposes of section 53(a) does not—

The transfer of a commercial property for the purposes of section 53(a) 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.

Subsection (5) applies if a commercial property—

An application may be made under section 42A of the Public Works Act 1981 by a person referred to in that section in relation to the commercial property as if it were land returned to Māori ownership.

In exercising the powers conferred by section 53, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a commercial property.

Subsection (6) is subject to subsections (2) to (5).

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 the transfer of a commercial property.

This section applies if—

The instrument must be accompanied by a certificate given by the person or the person’s solicitor verifying that the transfer is for the purposes of section 53(a).

The Registrar-General must, upon receiving the transfer instrument and the certificate, and any other document required for registration of the transfer instrument, register the person as the proprietor of the fee simple estate in the property.

In this Act, unless the context requires another meaning,—

The fee simple estate in the hapū land is vested in the trustee.

To avoid doubt, the hapū land continues to be deemed to be Maori freehold land within the meaning of section 4 of Te Ture Whenua Maori Act 1993.

To avoid doubt, the whenua rangatira continues to be—

The hapū reservation is held by the trustee—

The trustee must—

Subject to this Act and any other enactment, the trustee has and may exercise all the powers and authorities as may be necessary to enable it to perform its duties under subsection (1) in the interests of Ngāti Whātua Ōrākei.

The trustee may grant 1 or more easements—

An easement may be granted under subsection (1)—

The trustee may—

However, at any time, no more than one-fifth of the development land may be leased by the trustee under subsection (3)(c).

The trustee must transfer to the Auckland Council any road formed as part of a subdivision and development under subsection (3)(b).

To avoid doubt, land used or subdivided in accordance with subsection (3)(a) or (b) is not development land for the purposes of subsection (4) regardless of whether any improvements on the land are leased, tenanted, or otherwise occupied.

Except as provided in section 63, the trustee must not sell, lease, mortgage, charge, or otherwise dispose of any hapū land.

The trustee may give the whenua rangatira the name or names it considers appropriate and notify the Minister of Māori Affairs of its decision.

The Minister must, by notice in the Gazette, publish any name given to the whenua rangatira by the trustee that is notified to him or her.

The Ngati Whatua o Orakei Reserves Board established by section 20 of the Orakei Act 1991 is continued.

As from the settlement date, the Reserves Board is to be known as the Ngāti Whātua Ōrākei Reserves Board.

Schedule 4 applies to the Reserves Board and its members.

The Reserves Board may regulate its own procedure subject to—

The Reserves Board must control and manage the whenua rangatira.

For the purposes of subsection (1), the Reserves Board has, subject to this Act,—

Section 10 of the Reserves Act 1977 applies to the Reserves Board as if it were a local authority in respect of the whenua rangatira.

To avoid doubt, the Reserves Board must prepare and maintain a management plan, in accordance with section 41 of the Reserves Act 1977, to provide for the uses to which the whenua rangatira may be put.

The Reserves Board may, on behalf of the trustee or in its own name, grant, in writing, leases or licences over any part or parts of the whenua rangatira to enable 1 or more members of Ngāti Whātua Ōrākei to carry on farming activities or to conduct any tribal, community, or cultural activities.

Subsection (1)—

All costs and expenses incurred in and incidental to the control and management of the whenua rangatira must be paid by the Auckland Council to the extent that any income arising from the whenua rangatira is insufficient to defray those costs and expenses.

This section is subject to clause 6 of Schedule 4.

In this section, road means a road or access way, or any part of a road or access way, that is—

Subsection (3) applies if the Auckland Council stops a road.

On and from the stopping of the road, the road—

Section 63(3)(a) applies despite anything in the relevant district plan or regional plan.

Any subdivision of the development land under section 63(3)(b) is subject to the Resource Management Act 1991.

The whenua rangatira, the hapū reservation, and, to the extent that it remains undeveloped, the development land—

In respect of any subdivision of hapū land permitted by this Act, the trustee is not liable to—

Subsection (1) applies despite anything to the contrary in the Resource Management Act 1991 or any regional plan or district plan.

The trustee is not liable to pay any land tax in respect of the hapū land or any pūtea that is land.

The Registrar-General and the Registrar of the Maori Land Court must, without fee, make entries in any register or other record kept by him or her, and do all other things, that are necessary to give full effect to the provisions of this Part.

In the performance of any duty under subsection (1), the Registrar-General and the Registrar of the Maori Land Court must, on request and without fee, issue to the trustee a computer freehold register or other instrument of title in respect of any land vested in the trustee by this Part.

This section overrides any other enactment.

The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).