The purpose of this Act is—

The provisions of this Act take effect on the settlement date unless stated otherwise.

Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—

This Act binds the Crown.

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

This Part,—

Part 2 provides for cultural redress, including,—

Part 3 provides for commercial redress, including the transfer of licensed land and a statutory right of first refusal (RFR).

Part 4 provides for the vesting of the Helensville and certain other land in the trustees of the Development Trust.

There are 4 schedules:

Sections 8 and 9 record the text of the acknowledgements and apology of the Crown to Ngāti Whātua o Kaipara in the deed of settlement.

The Crown acknowledges the long tradition of commitment and support of Ngāti Whātua o Kaipara given to the Crown from 1840. The Crown also acknowledges the willingness of Ngāti Whātua o Kaipara to provide lands for settlement purposes. These lands contributed to the establishment of the settler economy and the development of the nation state of New Zealand.

The Crown acknowledges that it did not correctly apply certain regulations for pre-Treaty and pre-emption waiver transactions. The Crown also acknowledges that it did not always protect Māori interests during investigations into these transactions.

The Crown acknowledges that it took approximately 24 000 acres of the lands of Ngāti Whātua o Kaipara claimed by settlers as a result of pre-emption waiver transactions (“surplus lands”), rather than returning these lands to Ngāti Whātua o Kaipara, and this has long been a source of grievance to Ngāti Whātua o Kaipara. The Crown acknowledges that its policy of taking surplus land from pre-emption waiver purchases breached the Treaty of Waitangi and its principles when it failed to ensure any assessment of whether Ngāti Whātua o Kaipara 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 by failing to set aside one tenth of the lands transacted during the pre-emption waiver period for public purposes, especially the establishment of schools and hospitals for the future benefit of Māori (including Ngāti Whātua o Kaipara), it breached the Treaty of Waitangi and its principles.

The Crown acknowledges that, in purchasing a large amount of land from Ngāti Whātua o Kaipara between 1848 and 1868, it failed to ensure that Ngāti Whātua o Kaipara were reserved sufficient lands for their future use or benefit, and that that failure was in breach of the Treaty of Waitangi and its principles. The Crown also acknowledges that it did not take adequate steps to prevent the alienation of the few reserves that were made.

The Crown acknowledges that it purchased lands at low prices from Ngāti Whātua o Kaipara on the understanding that European settlement would bring benefits to Ngāti Whātua o Kaipara and that their remaining lands would increase in value. The Crown also acknowledges that the benefits Ngāti Whātua o Kaipara were led to expect from European settlement, such as schools, hospitals and roads, were slow to arrive or were not always realised, and that this has remained a significant grievance for Ngāti Whātua o Kaipara.

The Crown acknowledges that the operation and impact of the Native land laws since 1864, in particular the awarding of land to individual Ngāti Whātua o Kaipara rather than to iwi and hapū, made those lands more susceptible to partition, fragmentation, and alienation. This contributed to the erosion of the traditional tribal structures of Ngāti Whātua o Kaipara which were based on collective tribal and hapū custodianship of land. The Crown failed to take steps to adequately protect those structures. This had a prejudicial effect on Ngāti Whātua o Kaipara, and was a breach of the Treaty of Waitangi and its principles.

The Crown acknowledges that the Native Land Court title determination process carried significant costs for Ngāti Whātua o Kaipara. These costs included survey and court costs, which could and did lead to further alienations of land.

The Crown acknowledges that Ngāti Whātua o Kaipara continued to demonstrate their desire to participate in the development of the region by gifting various lands for public purposes, including ten acres at Te Awaroa (Helensville) and land for the Riverhead to Helensville railway. The Crown also acknowledges that it did not adhere to all conditions accompanying these gifts, including returning those lands when they were no longer needed for the purposes given, and that that failure was in breach of the Treaty of Waitangi and its principles.

The Crown acknowledges that at the Kohimarama Conference of 1860 and during the “Orakei Parliaments”, Ngāti Whātua o Kaipara rangatira sought equal participation for Māori in central and local government. The Crown acknowledges that the four Māori seats established to represent Māori in Parliament did not meet Ngāti Whātua o Kaipara expectations.

The Crown acknowledges that by the 1920s there was little suitable land available for Ngāti Whātua o Kaipara to benefit from land-development schemes and that the assistance that was provided benefited very few.

The Crown acknowledges that lands of significance to Ngāti Whātua o Kaipara at Puketapu and elsewhere were acquired by the Crown for sand-dune reclamation purposes in the decade to 1934, including through compulsory taking. The Crown acknowledges that it did not work with Ngāti Whātua o Kaipara to find an alternative to Crown acquisition and that the loss of these lands hindered access for Ngāti Whātua o Kaipara to urupā, kaimoana, and other resources.

The Crown acknowledges that many members of Ngāti Whātua o Kaipara suffered poor health following European colonisation, and that Crown provision of health services to Ngāti Whātua o Kaipara was inadequate until the 1930s. The Crown also acknowledges that the education system historically had low expectations for Māori academic achievement and that this had a detrimental effect on Ngāti Whātua o Kaipara.

The Crown acknowledges that the Otakanini block was compulsorily vested in the Tokerau District Māori Land Board without consultation with the owners of the block and that this denied the owners any meaningful role in the administration of the land for fifty years. The Crown also acknowledges that the leases were not properly administered and upon the return of the Otakanini block in 1958, the owners carried significant burdens that impeded the ongoing development of the land. These burdens included additional costs to remedy many breaches of lease conditions and to restore the land to the condition envisaged at the time the leases were entered into.

The Crown acknowledges that the Crown’s corporatisation reforms in the 1980s, in particular of the forestry industry, resulted in high unemployment rates and had a devastating impact on Ngāti Whātua o Kaipara communities.

The Crown acknowledges that the cumulative effect of Crown purchasing, public works takings, and private purchasing rendered Ngāti Whātua o Kaipara virtually landless. The Crown also acknowledges that its failure to monitor the ongoing impact of land purchases contributed to the position today where Ngāti Whātua o Kaipara have insufficient land. The failure to ensure that Ngāti Whātua o Kaipara retained sufficient land was a breach of the Treaty of Waitangi and its principles. This state of landlessness has undermined the economic, social, and cultural development of Ngāti Whātua o Kaipara.

The Crown acknowledges that from the 1940s a state of virtual landlessness was a significant factor contributing to high levels of migration of Ngāti Whātua o Kaipara and that most Ngāti Whātua o Kaipara now live outside their rōhe. The Crown further acknowledges that Ngāti Whātua o Kaipara communities have endured social deprivation for too long.

The Crown acknowledges that the cumulative effect of the Crown’s breaches of the Treaty of Waitangi and its principles significantly undermined the tino rangatiratanga of Ngāti Whātua o Kaipara, their economic and social development, and physical, cultural and spiritual well-being with effects that continue to be felt to the present day.

The Crown acknowledges that it failed to deal in an appropriate way with grievances raised by successive generations of Ngāti Whātua o Kaipara and that resolution of these grievances is long overdue.

The Crown recognises that, from the signing of the Treaty of Waitangi, Ngāti Whātua o Kaipara committed themselves to a close and positive relationship with the Crown and, through sales and other means, provided lands for European settlement. The Crown deeply regrets that the benefits Ngāti Whātua o Kaipara were led to expect from the relationship, including benefits from the sale of land, were slow to arrive or were not always realised.

The Crown profoundly regrets and unreservedly apologises for its actions, which have resulted in the virtual landlessness of Ngāti Whātua o Kaipara. This state of landlessness has had devastating consequences for the social, cultural, economic, spiritual, and physical well-being of Ngāti Whātua o Kaipara that continue to be felt today.

With this apology and settlement the Crown seeks to atone for these wrongs and to begin the process of healing. The Crown intends to improve and strengthen its historically close relationship with Ngāti Whātua o Kaipara based on the Treaty of Waitangi and its principles so as to create a solid foundation for the future.

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 otherwise requires,—

In this Act, Ngāti Whātua o Kaipara—

In this section and section 13,—

In this Act, historical claims—

The historical claims are every claim that Ngāti Whātua o Kaipara or a representative entity of Ngāti Whātua o Kaipara had at, or at any time before, the settlement date, or may have at any time 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 13(2), (3)(a), and (3)(b).

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 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 into, 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 o Kaipara Claims Settlement Act 2013, section 14(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 the certificate as soon as is reasonably practicable—

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

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

A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16 of the Trusts Act 2019,—

However, if either or both of the trusts named in subsection (1)(a) are, or become, 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—

In this Part,—

Makarau ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Makarau vests in the trustees of the Development Trust.

The vesting of Makarau under this section is a disposition for the purposes of Part 4A of the Conservation Act 1987, but section 24 of that Act does not apply.

The reservation of Atuanui Scenic Reserve as a scenic reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Atuanui Scenic Reserve vests in the trustees of the Tari Pupuritaonga Trust.

Atuanui Scenic Reserve is declared a reserve and classified as a scenic reserve for the purpose specified in section 19(1)(a) of the Reserves Act 1977.

The reserve created by subsection (3) is named Atuanui Scenic Reserve.

Despite subsections (1) and (2), the viewing platform as shown on deed plan OTS-674-08—

The reservation of Makarau Bridge Reserve as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked.

The fee simple estate in Makarau Bridge Reserve vests in the trustees of the Tari Pupuritaonga Trust.

Makarau Bridge Reserve is declared a reserve and classified as a local purpose (estuarine habitat) reserve subject to section 23 of the Reserves Act 1977.

Subsections (1) to (3) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Council with a registrable right of way easement in gross in relation to the Makarau Bridge Reserve on the terms and conditions set out in part 7 of the documents schedule.

The reserve created by subsection (3) is named Makarau Bridge Local Purpose (Estuarine Habitat) Reserve.

Parakai (being part of the Parakai Conservation Area) ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Parakai vests in the trustees of the Tari Pupuritaonga Trust.

Parakai is declared a reserve and classified as a local purpose (estuarine habitat) reserve subject to section 23 of the Reserves Act 1977.

The reserve created by subsection (3) is named Parakai Local Purpose (Estuarine Habitat) Reserve.

The reservation of the Ten Acre Block Recreation Reserve as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in the Ten Acre Block Recreation Reserve vests in the trustees of the Tari Pupuritaonga Trust.

The Ten Acre Block Recreation Reserve is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve created by subsection (3) is named the Ten Acre Block Recreation Reserve.

The reservation of the Mairetahi Landing as a local purpose (landing) reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in the Mairetahi Landing vests in the trustees of the Tari Pupuritaonga Trust.

Subsections (1) and (2) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Crown with a registrable covenant in relation to the Mairetahi Landing on the terms and conditions set out in subpart A of part 4 of the documents schedule.

The covenant is to be treated as a conservation covenant for the purposes of—

The reservation of Mauiniu Island as a local purpose (sand retainer) reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Mauiniu Island vests in the trustees of the Tari Pupuritaonga Trust.

Subsections (1) and (2) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Crown with a registrable covenant in relation to Mauiniu Island on the terms and conditions set out in subpart B of part 4 of the documents schedule.

The covenant is to be treated as a conservation covenant for the purposes of—

The reservation of Moturemu Island (being Moturemu Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Moturemu Island vests in the trustees of the Tari Pupuritaonga Trust.

Subsections (1) and (2) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Crown with a registrable covenant in relation to Moturemu Island on the terms and conditions set out in subpart C of part 4 of the documents schedule.

The covenant is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

Tīpare (being part of Ti Tree Island Conservation Area) ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Tīpare vests in the trustees of the Tari Pupuritaonga Trust.

Subsections (1) and (2) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Crown with a registrable covenant in relation to Tīpare on the terms and conditions set out in subpart D of part 4 of the documents schedule.

The covenant is to be treated as a conservation covenant for the purposes of—

Each cultural redress property vests under this subpart subject to, or together with, any interests listed in relation to the property in the third column of the table in Part A of Schedule 1.

This section applies to the fee simple estate in a cultural redress property vested by this subpart.

To the extent that a cultural redress property (other than Mauiniu Island) is all of the land contained in a computer freehold register, the Registrar-General must, in accordance with a written application from an authorised person,—

To the extent that subsection (2) does not apply to a cultural redress property, and in the case of Mauiniu Island, the Registrar-General must, in accordance with a written application received from an authorised person,—

Subsection (3) applies subject to the completion of any survey necessary to create a computer freehold register.

A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—

In this section, authorised person means,—

The vesting of the fee simple estate in a cultural redress property (other than Makarau) under this subpart 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.

Despite subsection (1),—

If the reservation under this subpart of a reserve site is revoked in relation to all or part of the site, the vesting of the reserve property in the trustees of the Tari Pupuritaonga Trust is no longer exempt from the rest of section 24 of the Conservation Act 1987 in relation to all or that part of the property.

The Registrar-General must record on the computer freehold register—

A notification made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.

If the reservation of a reserve site under this subpart is revoked in relation to—

The Registrar-General must comply with an application received in accordance with subsection (3)(a).

The vesting of the fee simple estate in a cultural redress property under this subpart does not—

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 a cultural redress property.

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this subpart, of the reserve status of a cultural redress property.

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

The trustees of the Tari Pupuritaonga Trust are the administering body of a reserve property for the purposes of the Reserves Act 1977.

Sections 48A, 114, and 115 of the Reserves Act 1977 apply to a reserve property, despite sections 48A(6), 114(5), and 115(6) of that Act.

Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve site.

If the reservation under this subpart of a reserve site is revoked under section 24 of the Reserves Act 1977 in relation to all or part of the site,—

A reserve property is not a Crown protected area, despite anything in the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

The Minister must not change the name of a reserve property under section 16(10) of the Reserves Act 1977 without the written consent of the administering body of the property, and section 16(10A) of that Act does not apply to the proposed change.

This section applies to all, or the part, of a reserve property that remains a reserve under the Reserves Act 1977 after the vesting of that property in the trustees of the Tari Pupuritaonga Trust under this subpart (the reserve land).

The fee simple estate in the reserve land may be transferred to any other person, but only in accordance with this section or section 37 or 38.

The registered proprietors of reserve land may apply to the Minister of Conservation in writing for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners).

The Minister of Conservation must give written consent to the transfer if the registered proprietors satisfy the Minister that the new owners are able to—

The Registrar-General must, upon receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.

The required documents are—

The new owners, from the time of their registration as the proprietors under this section,—

A transfer that complies with this section need not comply with any other requirements.

The registered proprietors of the reserve land may transfer the fee simple estate in the reserve land if—

The registered proprietors of a reserve site must not mortgage, or give a security interest in, all or any part of the site that remains a reserve under the Reserves Act 1977 after the site is vested in the trustees of the Tari Pupuritaonga Trust under this subpart.

This section applies to any bylaw, or any prohibition or restriction on use or access that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 or the Reserves Act 1977 in relation to a reserve site before the site was vested in the trustees of the Tari Pupuritaonga Trust under this subpart.

The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 or the Reserves Act 1977.

Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the commencement of this Act, was all or part of a Crown protected area.

The official geographic name of the Crown protected area is discontinued in respect of the land and the Board must amend the Gazetteer accordingly.

In this section, Board, Crown protected area, Gazetteer, and official geographic name have the meanings given in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

The vesting under section 26 of the Reserves Act 1977 of the Parakai Recreation Reserve in the Council is cancelled.

The fee simple estate in the Parakai Recreation Reserve is vested, as tenants in common as to an undivided half share each, in—

The Parakai Recreation Reserve is vested as a reserve under subsection (1), to be held in trust—

The Registrar-General of Land must, in accordance with a written application by the Director-General,—

The Parakai Recreation Reserve remains a recreation reserve under the Reserves Act 1977 unless subsection (3) applies.

The Parakai Recreation Reserve must not be—

Subsection (1) does not prevent a change being made, in accordance with the Reserves Act 1977, to the classification of the Parakai Recreation Reserve.

Subsection (2)(a) and (b) does not limit any Act other than the Reserves Act 1977.

The vesting of an undivided half share of the fee simple estate in the Parakai Recreation Reserve by section 43(2) does not—

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 Parakai Recreation Reserve.

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

Not later than the settlement date, the Parakai Recreation Reserve Board (the Board) must be appointed in accordance with Schedule 2.

The Board is subject to the provisions of that schedule.

Despite the fact that the Parakai Recreation Reserve is vested in the trustees and the Council,—

Section 41 of the Reserves Act 1977 applies to the Board as if it were a local authority for the purpose of preparing a management plan for the Parakai Recreation Reserve.

The Minister of Conservation has the same functions, powers, and obligations in respect of the Parakai Recreation Reserve and the Board as if the reserve were vested in the Board under section 26 of the Reserves Act 1977.

The Minister of Conservation may, in accordance with section 27 of the Reserves Act 1977, cancel the deemed vesting of the Parakai Recreation Reserve in the Board as if the reserve were vested in the Board under section 26 of that Act.

Despite section 45(2)(c) (which prohibits transfer of the Parakai Recreation Reserve), the trustees may transfer their undivided one half share in the fee simple estate in the reserve to—

Subsection (1) is conditional on the transfer instrument being accompanied by a certificate given by the transferees, or their solicitor, verifying that the transferees are—

Section 24 of the Conservation Act 1987 does not apply to the vesting of the Parakai Recreation Reserve under section 43.

Neither the vesting of the Parakai Recreation Reserve in the trustees and the Council nor the deemed vesting of the reserve in the Board under section 46(3), affects the rights and obligations of any person in respect of the Parakai Recreation Reserve other than—

The rights and obligations referred to in subsection (1) include rights or obligations in relation to the ownership, management, or control of fixtures, structures, or improvements attached to, on, or under the Parakai Recreation Reserve.

On and from the settlement date, the lessor’s interest in the leases over the Parakai Recreation Reserve vests in the Board.

A bylaw or prohibition or restriction on the use of, or access to or over, the Parakai Recreation Reserve made or imposed under the Reserves Act 1977 remains in force until it expires or is revoked under that Act.

This section applies if the Minister of Conservation—

If subsection (1) applies,—

However, if the Minister of Conservation cancels the deemed vesting of the affected land under section 27 of the Reserves Act 1977, the land revests in the Crown in accordance with section 27(1) or (4) of that Act.

In this section, affected land means the whole or any part of the Parakai Recreation Reserve in respect of which the reservation is revoked.

This section applies if section 52(1) applies.

The Director-General must apply in writing to the Registrar-General—

The Registrar-General of Land must comply with any application made in writing by the Director-General of Conservation under section 53.

In this subpart,—

Not later than the settlement date, the Minister of Conservation, the Director-General, and the trustees of the Development Trust must enter into Te Kawenata o Taiao o Ngāti Whātua o Kaipara.

The Director-General must ensure that a summary of Te Kawenata is noted on every conservation document affecting Te Kawenata Taiao Area (as defined in Te Kawenata).

The noting of the summary—

Te Kawenata does not restrict—

Te Kawenata does not grant, create, or provide evidence of an estate or interest in, or rights relating to,—

In this subpart, unless the context otherwise requires,—

The Crown acknowledges the statements of association.

The only purposes of the statutory acknowledgement are to—

This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.

On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustees are affected persons in relation to the activity.

Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.

This section applies to proceedings in the Environment Court in respect of an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.

On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274 of the Resource Management Act 1991, whether the trustees are persons with an interest in the proceedings greater than that of the general public.

Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991.

If, on or after the effective date, an application is made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.

On and from the effective date, a relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.

The information attached to a statutory plan must include—

The attachment of information to a statutory plan under this section is for the purpose of public information and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—

Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:

A summary provided under subsection (1)(a) must be the same as would be given to an affected person under section 95B of the Resource Management Act 1991, or as may be agreed between the trustees and the relevant consent authority.

The summary must be provided—

A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the relevant consent authority receives the notice.

The trustees may, by notice in writing to a relevant consent authority,—

An obligation under this section does not apply to the extent that the corresponding right has been waived.

This section does not affect the obligation of a relevant consent authority to decide,—

The trustees and any member of Ngāti Whātua o Kaipara may, as evidence of the association of Ngāti Whātua o Kaipara with a statutory area, cite the statutory acknowledgement relating to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before—

The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—

However, those bodies and persons may take the statutory acknowledgement into account.

To avoid doubt,—

In relation to the statutory acknowledgement,—

The statutory acknowledgement does not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw.

No person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of Ngāti Whātua o Kaipara with a statutory area than that person would give if there were no statutory acknowledgement for the statutory area.

Subsection (2) does not affect the operation of subsection (1).

This section is subject to the other provisions of this subpart.

The statutory acknowledgement does not—

This section is subject to the other provisions of this subpart.

This section amends the Resource Management Act 1991.

In Schedule 11, insert in its appropriate alphabetical order “Ngāti Whātua o Kaipara Claims Settlement Act 2013”.

In this subpart,—

The Minister—

The Minister may amend or cancel the protocol at the initiative of either—

The Minister may amend or cancel the protocol only after consulting, and having particular regard to the views of, the trustees.

The protocol does not restrict—

The protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.

The Crown must comply with the protocol while it is in force.

If the Crown fails to comply with the protocol without good cause, the trustees may, subject to the Crown Proceedings Act 1950, enforce the protocol.

Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with the protocol.

To avoid doubt,—

In this subpart,—

A name specified in the first column of the table in clause 5.15.1 of the deed of settlement for a feature described in the second and third columns of that table is assigned to that feature.

A name specified in the first column of the table in clause 5.15.2 of the deed of settlement for a feature is altered to the name specified for the feature in the second column of that table.

Each assignment or alteration under this section is to be treated as if it were the assignment or alteration of the official geographic name, by a determination of the Board under section 19 of the NZGB Act, that takes effect on the settlement date.

The Board must, as soon as practicable after the settlement date, give public notice of each assignment or alteration of a name under section 78 in accordance with section 21(2) and (3) of the NZGB Act.

The notice must state that the assignment or alteration took effect on the settlement date.

In making a determination to alter an official geographic name assigned or altered by this subpart, the Board—

To avoid doubt, the Board must give public notice of the determination in accordance with section 21(2) and (3) of the NZGB Act.

The name of Lake Ototoa Scenic Reserve is changed to Rototoa/Lake Rototoa Scenic Reserve.

To give effect to part 6 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to—

In this section,—

The Minister of Conservation may grant a right of way easement over a conservation area, as required under the deed of settlement.

An easement granted under subsection (1) is—

This section applies to—

The Registrar-General must, in accordance with a written application by an authorised person—

If the written application referred to in subsection (2) so requires, the Registrar-General must—

Subsections (2) and (3) are subject to the completion of any survey necessary to create a computer freehold register.

The authorised person may grant a covenant for the later creation of a computer freehold register for any land transferred to the trustees.

Despite the Land Transfer Act 1952,—

In this section, authorised person means a person authorised by the chief executive of the land holding agency for the property.

This section applies to the transfer to the trustees (including any transfer to the trustees as tenants in common with another person) of a transfer property.

The transfer 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.

The transfer does not—

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 that may otherwise be required in relation to the transfer.

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

In exercising the powers conferred by section 83, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a relevant property to the trustees.

Subsection (4) does not limit subsection (2) or (3).

Licensed land ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the trustees.

However, although licensed land does not cease to be Crown forest land until the transfer of the fee simple estate in the land to the trustees is registered, neither the Crown nor any court or tribunal may do any thing or omit to do any thing between the settlement date and the date of registration if that act or omission would be—

The trustees are, in relation to the licensed land, the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed.

The effect of subsection (1) is that—

The trustees are the licensors under the Crown forestry licence as if the licensed land had been returned to Māori ownership—

The Crown must give notice under section 17(4)(b) of the Crown Forest Assets Act 1989 in respect of a Crown forestry licence, even though the Waitangi Tribunal has not made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land.

Notice given by the Crown under subsection (1) has effect as if—

However, section 36(1)(b) of the Crown Forest Assets Act 1989 does not apply to the licensed land.

Sections 88 and 89 apply to the licensed land, whether or not, on the ownership transfer date,—

To the extent that the Crown has not completed the processes referred to in subsection (1)(b) before the ownership transfer date, it must continue those processes—

For the period from the ownership transfer date until the completion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the licensed land is the amount calculated in accordance with paragraphs 10.24 and 10.25 of the property redress schedule.

With effect from the ownership transfer date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the licensed land, be read as if they were references to the trustees.

In this subpart,—

The owner of land on which a protected site is situated and any person holding an interest in, or a right of occupancy to, that land must allow access across the land to each protected site to Māori for whom the protected site is of special spiritual, cultural, or historical significance.

A right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.

A right of access is subject to the following conditions:

A right of access is subject to the terms of any Crown forestry licence, unless the licensee has agreed to the exercise of the right of access.

An amendment to a Crown forestry licence will be of no effect to the extent that it purports to—

The Registrar-General must, in accordance with a written application by an authorised person, record on the computer freehold register for the licensed land that the land is, or may at any future time be, subject to section 92.

An application must be made as soon as is reasonably practicable after the ownership transfer date.

However, if a computer freehold register has not been created by the ownership transfer date, an application must be made as soon as is reasonably practicable after the register has been created.

In this section, unless the context otherwise requires, authorised person means a person authorised by the chief executive of LINZ.

In this subpart and Schedule 4, unless the context otherwise requires,—

In this subpart, RFR land means—

Land ceases to be RFR land if—

In this subpart,—

The Minister for Treaty of Waitangi Negotiations may, before the settlement date, give notice that non-exclusive RFR land is not to be, or is to cease to be, non-exclusive RFR land—

The provisions of this subpart come into effect as follows:

An RFR landowner must not dispose of RFR land to a person other than to the trustees or a governance entity referred to in subsection (3)(b) or (4)(b) (or the RFR land nominee of a governance entity) unless the land is disposed of—

An RFR landowner may dispose of RFR land to any person within 2 years after the expiry date of an offer made by an RFR landowner if the offer was,—

In the case of Auckland Prison, notice must be given, if the settlement date under the TKaM settlement legislation—

In the case of non-exclusive RFR land, notice must be given if the settlement date under the Marutūāhu settlement legislation—

In every case where notice has been given under subsection (2)(a), (3), or (4), the offer must—

An offer by an RFR landowner to dispose of RFR land must be made by notice that specifies—

The expiry date of an offer must be on or after the date that is 40 working days after the date on which the governance entity receives notice of the offer.

However, the expiry date of an offer may be on or after the date that is 20 working days after the governance entity receives notice of the offer if—

If section 103(3) applies, the expiry date is the date specified in the notice given under that provision.

The RFR landowner may, by notice to the relevant governance entity, withdraw an offer at any time before it is accepted.

The trustees may, by notice (the acceptance notice) to the RFR landowner that made the offer, accept an offer given by notice under section 99(2)(a), (3)(a), or (4)(a).

However, an acceptance notice may be given by only 1 of the governance entities to which the offer was made under section 99(3)(b) or (4)(b).

If the RFR landowner receives acceptance notices before the expiry date from both governance entities to which the offer was made, the RFR landowner must, not later than 10 working days after receiving the notices, give notice to both governance entities, advising that—

If a governance entity accepts an offer, it must accept all the RFR land offered, unless the offer permits it to accept less.

An offer may be accepted under this section only if—

If the trustees accept an offer under section 103 by an RFR landowner to dispose of RFR land,—

Subsection (1) applies, with the necessary modifications, if—

A governance entity may, in a contract made under this section, nominate another person to whom the RFR land may be transferred (the nominee).

A governance entity may nominate a nominee only if—

The notice given under subsection (4) must specify—

If a governance entity nominates a nominee, the governance entity remains liable for the obligations of the transferee under the contract.

An RFR landowner may dispose of RFR land to—

To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 of the Education and Training Act 2020.

An RFR landowner may dispose of RFR land that is a public work or part of a public work, in accordance with section 50 of the Public Works Act 1981, to a local authority (as defined in section 2 of that Act).

To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—

An RFR landowner may dispose of RFR land in accordance with section 26 or 26A of the Reserves Act 1977.

To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—

However, if RFR land vests back in the Crown under section 25 or 27 of the Reserves Act 1977, the Crown becomes—

An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.

An RFR landowner may dispose of RFR land in accordance with—

The Crown may dispose of RFR land in accordance with—

An RFR landowner may dispose of RFR land in accordance with—

To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 of Te Ture Whenua Maori Act 1993, after an application by an RFR landowner under section 41(1)(e) of the Public Works Act 1981.

An RFR landowner may dispose of RFR land in accordance with—

An RFR landowner may dispose of RFR land as a gift for charitable purposes.

The Crown may dispose of RFR land—

Housing New Zealand Corporation or any of its subsidiaries may dispose of the Hobsonville land if—

In this section, Hobsonville land means the land shown on deed plan OTS-674-17.

An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—

For the purposes of subsection (1)(b)(ii), reasonable steps do not include steps to promote the passing of an enactment.

This subpart does not limit subsection (1).

If a computer register is first created for RFR land after the RFR date for the relevant RFR land, the RFR landowner must give the chief executive of LINZ notice that the register has been created.

If land for which there is a computer register becomes RFR land after the RFR date for the land, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.

The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.

The notice must include the reference for the computer register and a legal description of the land.

An RFR landowner must give notice of any disposal,—

The notice must be given on or before the date that is 20 working days before the disposal.

The notice must—

The requirement under subsection (1)(b) and (c) to notify the TKaM governance entity and the Marutūāhu governance entity respectively applies only if, before the date of the notice, as the case may require, relevant approving settlement legislation has been enacted.

This section applies if an RFR landowner is considering whether to dispose, in a way that may require an offer under this subpart, of—

The RFR landowner must give notice to any governance entity to which the offer would be made under this subpart if the land were to be disposed of.

The notice must—

To avoid doubt, a notice given under this section does not, of itself, mean that an obligation has arisen under—

Notice must be given in accordance with this section if, after the RFR date,—

The RFR landowner must give notice to the chief executive of LINZ—

A notice given under subsection (1)(a) must—

A notice given under subsection (1)(b) must—

Schedule 4 applies to notices given under this subpart by or to—

The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers for,—

A certificate must be issued as soon as is reasonably practicable after—

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

The chief executive must provide a copy of each certificate, as soon as is reasonably practicable after issuing the certificate, if the certificate—

The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record as a memorial on the computer register for the RFR land identified in the certificate that the land is—

The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice given under section 120(1)(a), issue to the Registrar-General a certificate that—

The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice given under section 120(1)(b), issue to the Registrar-General a certificate that—

The chief executive must provide a copy of each certificate, as soon as is reasonably practicable after issuing the certificate, in accordance with the requirements of section 122(4).