In this subpart,—

The Council must establish a catchments fund by opening a dedicated account at a registered bank.

The Council must administer the catchments fund.

The Council and the trustees must agree on the application of the money in the catchments fund.

The Council may apply the money in the catchments fund only for the following purposes:

Neither the Council nor the trustees must unreasonably withhold consent to any proposed application of money in the catchments fund under subsection (1).

To avoid doubt, subsection (2) does not authorise the Council to use any money in the catchments fund to purchase land.

The Council must return any money generated from the application of money under subsection (1) to the catchments fund (minus any actual and reasonable expenses incurred by the Council in administering the catchments fund).

The Council may, from time to time, transfer money from the reserve fund to the catchments fund if the Council is satisfied that the transfer will not adversely affect its obligations under section 16(4) of the Soil Conservation and Rivers Control Act 1941 to manage and control the Tangoio Soil Conservation Reserve in a manner that in its opinion will best conserve the soil of the reserve and prevent injury to other land.

The Council must, at least once every 3 years after the settlement date, assess whether any money may be transferred from the reserve fund to the catchments fund in accordance with subsection (1).

Nothing in the Soil Conservation and Rivers Control Act 1941 applies to the catchments fund or the management of the catchments fund by the Council.

To avoid doubt, nothing in this subpart derogates from the Council’s obligations under the Soil Conservation and Rivers Control Act 1941 in relation to the reserve, the commercial forest on the reserve, or the reserve fund.

LINZ may request the Council to supply it with any information in relation to the catchments fund that is necessary to enable LINZ to meet its reporting obligations under the Public Finance Act 1989.

A request under subsection (1)—

If the Council receives a request under subsection (1), the Council must—

In this subpart,—

Not later than the settlement date, the Minister of Conservation, the Director-General, and the trustees of the Maungaharuru-Tangitū Trust must enter into Te Kawenata.

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

The noting of the summary—

Te Kawenata does not limit or affect—

Te Kawenata does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to,—

The Crown and the trustees must comply with Te Kawenata unless they agree to terminate it in accordance with its terms.

If the Crown fails to comply with Te Kawenata without good cause, the trustees may seek—

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 Te Kawenata.

To avoid doubt, subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing Te Kawenata under subsection (2).

Subsection (2) does not affect any contract entered into between the Minister of Conservation or the Director-General and the trustees, including any contract for service or concession.

In this subpart,—

Each responsible Minister—

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

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

Protocols do not restrict—

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

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

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 a protocol.

To avoid doubt,—

The chief executive of the department of State responsible for the administration of the Crown Minerals Act 1991 must note a summary of the terms of the Crown minerals protocol in—

The noting of the summary is—

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

In this section,—

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

In this section, taonga tūturu—

In this subpart,—

The Crown acknowledges the statements of association for the statutory areas.

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 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, 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, each 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 only 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 by limited notification 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 consent authority receives the notice.

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

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

The trustees and any member of the Maungaharuru-Tangitū Hapū may, as evidence of the association of the Maungaharuru-Tangitū Hapū with a statutory area, cite the statutory acknowledgement that relates to that area in submissions and proceedings 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, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.

To avoid doubt,—

This section applies in respect of the statutory areas listed in Part 2 of Schedule 2.

The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 4 of the documents schedule for the statutory areas administered by the Department of Conservation.

The Commissioner of Crown Lands must issue a deed of recognition in the form set out in part 4 of the documents schedule for the statutory areas administered by the Commissioner.

The person or persons who issue a deed of recognition may amend the deed, but only with the written consent of the trustees.

If any part of the statutory acknowledgement applies to a river or stream, including a tributary, that part of the acknowledgement—

If any part of a deed of recognition applies to a river or stream, including a tributary, that part of the deed—

The statutory acknowledgement and a deed of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw.

A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of the Maungaharuru-Tangitū Hapū with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.

Subsection (2) does not limit subsection (1).

This section is subject to—

The statutory acknowledgement and a deed of recognition do 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 “Maungaharuru-Tangitū Hapū Claims Settlement Act 2014”.

In this subpart,—

Each area described in Schedule 3 is declared to be subject to the Tātai Tūāpapa.

The Crown acknowledges the statements of values for the Tātai Tūāpapa areas.

The only purposes of Tātai Tūāpapa are to—

The trustees and the Minister of Conservation may agree on and publicise protection principles that are intended to prevent the values stated in the statement of values for a Tātai Tūāpapa area from being harmed or diminished.

The protection principles set out in part 2 of the documents schedule are to be treated as having been agreed by the trustees and the Minister of Conservation.

The trustees and the Minister of Conservation may agree in writing to any amendments to the protection principles.

When the New Zealand Conservation Authority or a Conservation Board considers a conservation management strategy, conservation management plan, or national park management plan that relates to a Tātai Tūāpapa area, the Authority or Board must have particular regard to—

Before approving a strategy or plan that relates to a Tātai Tūāpapa area, the New Zealand Conservation Authority or a Conservation Board must—

If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to a Tātai Tūāpapa area, the Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.

The application of the Tātai Tūāpapa to a Tātai Tūāpapa area must be noted in any conservation management strategy, conservation management plan, or national park management plan affecting the area.

The noting of the Tātai Tūāpapa is—

The Minister of Conservation must notify in the Gazette, as soon as practicable after the settlement date,—

Any amendment to the protection principles agreed under section 54(3) must be notified by the Minister in the Gazette as soon as practicable after the amendment has been agreed in writing.

The Director-General may notify in the Gazette any action (including any specified action) taken or intended to be taken under section 58 or 59.

The Director-General must take action in relation to the protection principles that relate to a Tātai Tūāpapa area, including the specified actions.

The Director-General retains complete discretion to determine the method and extent of the action to be taken.

The Director-General must notify the trustees in writing of any action intended to be taken.

The Director-General may initiate an amendment to a conservation management strategy, conservation management plan, or national park management plan to incorporate objectives for the protection principles that relate to a Tātai Tūāpapa area.

The Director-General must consult relevant Conservation Boards before initiating the amendment.

The amendment is an amendment for the purposes of section 17I(1) to (3) of the Conservation Act 1987 or section 46(1) to (4) of the National Parks Act 1980.

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

The Minister of Conservation may make bylaws for 1 or more of the following purposes:

This section applies if the Tātai Tūāpapa applies to any land in—

The Tātai Tūāpapa does not affect—

The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of a Tātai Tūāpapa area is no longer subject to the Tātai Tūāpapa.

The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—

The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of a relevant area if—

The Tātai Tūāpapa does not affect, and must not be taken into account by, any person exercising a power or performing a function or duty under an enactment or a bylaw.

A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the values stated in the statement of values for a Tātai Tūāpapa area than that person would give if the area were not subject to the Tātai Tūāpapa.

Subsection (2) does not limit subsection (1).

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

The Tātai Tūāpapa does not—

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

The Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995, must, on or before the settlement date, appoint the trustees as an advisory committee under section 21(1) of that Act for the purposes of advising the Minister on any proposed changes to—

In subsection (1), finfish has the same meaning as in section 2(1) of the Fisheries Act 1996.

In this subpart,—

A name specified in the first column of the table in clause 5.52.1 of the deed of settlement is assigned to the feature described in the second and third columns of that table.

A name specified in the first column of the table in clause 5.52.2 of the deed of settlement for the feature described in the third and fourth columns is altered to the name specified in the second column of that table.

Each assignment or alteration of a name is to be treated as if it were an assignment or alteration of the official geographic name made by a determination of the Board under section 19 of the 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 an official geographic name specified under section 68 in accordance with section 21(2) and (3) of the Act.

The notices must state that each official geographic name became an official geographic name on the settlement date.

In making a determination to alter the official geographic name of a feature named 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 Act.

In this subpart,—

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

The fee simple estate in Part Opouahi Scenic Reserve vests in the trustees.

Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable easement for a right of way on the terms and conditions set out in part 6.1 of the documents schedule.

In sections 74 to 78, hall—

The reservation of Te Pohue Domain Recreation Reserve (being part of Te Pohue Upper Mohaka Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

Subject to section 75, the fee simple estate in Te Pohue Domain Recreation Reserve vests in the trustees.

Te Pohue Domain Recreation Reserve is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve is named Te Pohue Domain Recreation Reserve.

The Council is the administering body of Te Pohue Domain Recreation Reserve as if the Council were appointed to control and manage the reserve under section 28 of the Reserves Act 1977.

Despite section 15 of the Reserves Act 1977, Te Pohue Domain Recreation Reserve may not be exchanged for other land.

Despite section 41 of the Reserves Act 1977, all management plans relating to Te Pohue Domain Recreation Reserve must be prepared in agreement between the Council and the trustees.

Despite the vesting of Te Pohue Domain Recreation Reserve in the trustees under section 74, the hall does not vest in the trustees and—

Despite the Reserves Act 1977, the reserve status of Te Pohue Domain Recreation Reserve must not be revoked or reclassified.

While the hall remains on Te Pohue Domain Recreation Reserve, the Council must keep the hall in the same clean order, repair, and condition as the hall was in at the time of the vesting of Te Pohue Domain Recreation Reserve in the trustees.

The Council must remove, demolish, or replace the hall if—

If the hall is removed, demolished, or replaced under section 75(b) or 77(2), the Council must leave that part of Te Pohue Domain Recreation Reserve in a clean and tidy condition.

To avoid doubt, nothing in section 75(b) or 77(2) limits or affects the requirements of any enactment that may apply to the removal, demolition, or replacement of the hall.

The reservation of bed of Lake Opouahi (being part of Opouahi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in bed of Lake Opouahi vests in the trustees.

The stratum above bed of Lake Opouahi vests in the trustees—

Bed of Lake Opouahi is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

The reserve comprising bed of Lake Opouahi and the stratum above bed of Lake Opouahi is named Lake Opouahi Scenic Reserve.

The Minister of Conservation must provide the trustees with a registrable right of way easement in relation to the bed of Lake Opouahi and the stratum above bed of Lake Opouahi on the terms and conditions set out in part 6.3 of the documents schedule.

The easement is—

The reservation of bed of Lake Orakai (being part of Tutira Domain Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in bed of Lake Orakai vests in the trustees.

The stratum above bed of Lake Orakai vests in the trustees—

Bed of Lake Orakai is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve comprising bed of Lake Orakai and the stratum above bed of Lake Orakai is named Lake Orakai Recreation Reserve.

The Minister of Conservation must provide the trustees with a registrable right of way easement in relation to the bed of Lake Orakai and the stratum above bed of Lake Orakai on the terms and conditions set out in part 6.2 of the documents schedule.

The easement is—

The reservation of part bed of Lake Tūtira (being part of Tutira Domain Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in part bed of Lake Tūtira vests in the trustees.

The stratum above part bed of Lake Tūtira vests in the trustees—

Part bed of Lake Tūtira is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve comprising part bed of Lake Tūtira and the stratum above part bed of Lake Tūtira is named Lake Tūtira Recreation Reserve.

The Minister of Conservation must provide the trustees with a registrable right of way easement in relation to part bed of Lake Tūtira and the stratum above part bed of Lake Tūtira on the terms and conditions set out in part 6.2 of the documents schedule.

The easement is—

The reservation of bed of Lake Waikopiro (being part of Tutira Domain Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in bed of Lake Waikopiro vests in the trustees.

The stratum above bed of Lake Waikopiro vests in the trustees—

Bed of Lake Waikopiro is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve comprising bed of Lake Waikopiro and the stratum above bed of Lake Waikopiro is named Lake Waikopiro Recreation Reserve.

The Minister of Conservation must provide the trustees with a registrable right of way easement in relation to Lake Waikopiro and the stratum above bed of Lake Waikopiro on the terms and conditions set out in part 6.2 of the documents schedule.

The easement is—

To avoid doubt, the vesting of a lake property under this subpart does not give any rights to, or impose any obligations on, the trustees in relation to—

Despite section 83(b), the trustees are not—

Despite any enactment or rule of law, the trustees are not liable for any contamination—

Subsection (1) does not apply to the extent that any contamination is caused by an intentional, reckless, or negligent act or omission of the trustees.

In subsection (1)(b), natural and physical resources has the meaning given in section 2(1) of the Resource Management Act 1991.

To the extent that a lake property has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.

Despite the vesting of each lake property under this subpart, an existing structure—

However, if the owner of an existing structure removes or demolishes the structure, the owners of the lake property may require the owner of the structure to leave the lake property in a clean and tidy condition.

In this section and  sections 88 and 89, existing structure—

Despite the vesting of each lake property under this subpart, certain applications relating to an existing structure must be determined as if the lake property were owned by the Crown.

The applications are each application for a resource consent under the Resource Management Act 1991, or for a building consent under the Building Act 2004,—

The owners of a lake property are not liable under any enactment or rule of law for an existing structure for which they would, apart from this section, be liable by reason of their ownership of the lake property.

No person may erect or modify a structure in or on, or attach a structure to, the bed of a lake property, unless the owners of the lake property first give their written consent.

However, subsection (1) does not apply if section 87 permits the activity relating to the structure.

The owners may impose conditions on the grant of their consent, including imposing a charge.

Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 4.

This section applies while the Council is treated as if it were appointed to control and manage Te Pohue Domain Recreation Reserve under section 28 of the Reserves Act 1977.

Despite the appointment of the Council as the administering body for Te Pohue Domain Recreation Reserve under section 74(5), the Council may grant, or be the grantee of, an interest in the property as if it were vested in the Council under section 26 of the Reserves Act 1977.

If Te Pohue Domain Recreation Reserve is affected by an interest in land listed for the property in Schedule 4, the interest applies as if the Council were the grantor, or the grantee, as the case may be, of the interest in respect of the property.

Any interest in land that affects Te Pohue Domain Recreation Reserve must be dealt with for registration purposes as if the Council were the registered proprietor of Te Pohue Domain Recreation Reserve.

This section applies if a cultural redress property is subject to an interest (other than an interest in land) listed for the property in Schedule 4 for which there is a grantor, whether or not the interest also applies to land outside the cultural redress property.

The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property, except to the extent that subsection (3) applies.

If all or part of the cultural redress property is Te Pohue Domain Recreation Reserve to which section 92 applies, the interest applies as if the Council were the grantor of the interest in respect of Te Pohue Domain Recreation Reserve.

The interest applies—

This section applies to a cultural redress property vested in the trustees under this subpart.

Subsection (3) applies to a cultural redress property, but only to the extent that the property is all of the land contained in a computer freehold register.

The Registrar-General must, on written application by an authorised person,—

Subsection (5) applies to a cultural redress property, but only to the extent that subsection (2) does not apply to the property.

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

Subsection (5) is 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 a person authorised by the Director-General.

The vesting of the fee simple estate in a cultural redress property in the trustees 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.

Section 24 of the Conservation Act 1987 does not apply to the vesting of Te Pohue Domain Recreation Reserve.

Part 4A of the Conservation Act 1987 does not apply to the vesting of a lake property under this subpart.

Subsection (3) does not limit subsection (1).

The Registrar-General must record on any computer freehold register for—

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 lake property is revoked for—

If section 27 of the Reserves Act 1977 is invoked in relation to the stratum above bed of Lake Opouahi, the stratum above bed of Lake Orakai, the stratum above part bed of Lake Tūtira, or the stratum above bed of Lake Waikopiro for—

The Registrar-General must comply with an application received in accordance with subsection (3)(a) or (4)(a) (as the case may be).

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 Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a cultural redress property.

Any such easement is—

Except as provided in section 74, the trustees are the administering body for a reserve property.

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 property.

If the reservation of a reserve property under this subpart is revoked under section 24 of the Reserves Act 1977 for all or part of the property, section 25(2) of that Act applies to the revocation, but not the rest of section 25 of that Act.

To avoid doubt, subsection (4) does not apply to—

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

The name of a reserve property must not be changed or a name assigned to it under section 16(10) of the Reserves Act 1977 without the written consent of the owners of the property, and section 16(10A) of that Act does not apply to the proposed change.

In sections 101 to 104, reserve land means all or the part of a reserve property that remains a reserve under the Reserves Act 1977 after the property has vested in the trustees under this subpart.

This section applies to the subsequent transfer of the reserve land.

The fee simple estate in the reserve land in a lake property may be transferred only in accordance with section 102 or 103.

Despite section 103, the fee simple estate in Te Pohue Domain Recreation Reserve may be transferred only in accordance with section 102.

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

The registered proprietors of the reserve land may apply in writing to the Minister of Conservation 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 under this section,—

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

To avoid doubt, section 27 of the Reserves Act 1977 continues to apply to any part of the reserve land that is vested under any of sections 79(3), 80(3), 81(3), and 82(3) as if the new owners were the trustees.

The owners of reserve land must not mortgage, or give a security interest in, the reserve land.

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 property before the property was vested in the trustees 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 settlement date, 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, or the part 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 fee simple estate in a gifting-back property vests in the trustees on the vesting date.

On the seventh day after the vesting date, the fee simple estate in a gifting-back property vests in the Crown as a gifting back to the Crown by the trustees for the people of New Zealand.

However, the following matters apply as if the vestings had not occurred:

The vestings are not affected by Part 4A of the Conservation Act 1987, section 11 or Part 10 of the Resource Management Act 1991, or any other enactment.

In this section,—

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—

To avoid doubt, subsection (1)(b) authorises the chief executive of the Ministry of Justice to accept, on behalf of Her Majesty the Queen, a transfer of Opouahi Station (as described in part 3 of the property redress schedule) from Landcorp Holdings Limited to Her Majesty the Queen.

The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a commercial redress property.

Any such easement is—

This section applies to the transfer under section 109 of a commercial redress property (other than licensed land).

However, this section applies only to the extent that—

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

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

In this section and sections 112 and 113, authorised person means a person authorised by the chief executive of the land holding agency for the relevant property.

This section applies to licensed land that is subject to a single Crown forestry licence and is to be transferred to the trustees under section 109.

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

Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.

For the purposes of sections 111 and 112, the authorised person may grant a covenant for the later creation of a computer freehold register for any commercial redress property.

Despite the Land Transfer Act 1952,—

This section applies to the transfer to the trustees of the fee simple estate in a commercial redress 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 required to fulfil the terms of the deed of settlement in relation to the transfer.

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the transfer or to any matter incidental to, or required for the purpose of, the transfer.

In exercising the powers conferred by section 109, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer.

Subsection (6) is subject to subsections (2) and (3).

The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the trustees.

However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989 but be inconsistent with this subpart, part 6 of the deed of settlement, or part 4 of the property redress schedule.

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

The effect of subsection (1) is that—

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 (3) has effect as if—

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

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

Section 116 applies whether or not—

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

For the period starting on the settlement 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 the manner described in paragraphs 4.23 and 4.24 of the property redress schedule.

On and from the settlement 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 references to the trustees.

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

Subsection (1) takes effect on and from the date of the transfer of a property to the trustees.

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

The right of access is subject to the following conditions:

A right of access over licensed land is subject to the terms of any Crown forestry licence.

However, subsection (1) does not apply if the licensee has agreed to the right of access being exercised.

An amendment to a Crown forestry licence is of no effect to the extent that it would—

This section applies to the transfer to the trustees of any licensed land.

The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land.

The Registrar-General must, upon the registration of the transfer of the land, record on any computer freehold register for the land that the land is subject to a right of access to protected sites on the land.

In this subpart and Schedule 6,—

In this subpart, RFR land means—

RFR land does not include a commercial redress property.

Land ceases to be RFR land if—

An RFR landowner must not dispose of RFR land to a person other than the trustees or their nominee unless the land is disposed of—

An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees.

The notice must include—

The expiry date of an offer must be on or after the date that is 40 working days after the date on which the trustees receive 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 date on which the trustees receive notice of the offer if—

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

The trustees may, by notice to the RFR landowner who made an offer, accept the offer if—

The trustees must accept all the RFR land offered, unless the offer permits them to accept less.

If the trustees accept an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and the trustees on the terms in the offer.

The terms of the contract may be varied by written agreement between the RFR landowner and the trustees.

Under the contract, the trustees may nominate any person other than the trustees (the nominee) to receive the transfer of the RFR land.

The trustees may nominate a nominee only if—

The notice must specify—

If the trustees nominate a nominee, the trustees remain 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—

An RFR landowner 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—

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.

If a computer register is first created for RFR land after the settlement date, 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 settlement date, 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 legal description of the land and the reference for the computer register.