1 Title
2 Commencement
Part 1
Preliminary matters and settlement of historical claims
Subpart 1—Purpose of Act, historical account, acknowledgements, and apology
3 Purpose
4 Provisions take effect on settlement date
5 Act binds the Crown
6 Outline
7 Historical account and the Crown's acknowledgements and apology
8 Summary of historical account
9 Text of acknowledgements
10 Text of apology
Subpart 2—Interpretation
11 Interpretation of Act generally
12 Interpretation
13 Interpretation: iwi and trusts
14 Meaning of Ngati Toa Rangatira
15 Meaning of historical claims
Subpart 3—Settlement of historical claims
Historical claims settled and jurisdiction of courts, etc, removed
16 Settlement of historical claims final
Consequential amendment to Treaty of Waitangi Act 1975
17 Amendment to Treaty of Waitangi Act 1975
Protections no longer apply
18 Certain enactments do not apply
19 Removal of memorials
Subpart 4—Other matters
20 Rule against perpetuities does not apply
21 Access to deed of settlement
22 Provisions of other Acts that have same effect
23 Amendment to Fisheries (South Island Customary Fishing) Regulations 1999
Part 2
Cultural redress
Subpart 1—Statutory acknowledgement and deeds of recognition
Statutory acknowledgement
24 Interpretation
25 Statutory acknowledgement by the Crown
26 Purposes of statutory acknowledgement
27 Relevant consent authorities to have regard to statutory acknowledgement
28 Environment Court to have regard to statutory acknowledgement
29 Historic Places Trust and Environment Court to have regard to statutory acknowledgement
30 Recording statutory acknowledgement on statutory plans
31 Provision of summaries or notices of certain applications to trustee
32 Use of statutory acknowledgement
33 Trustee may waive rights
Deeds of recognition
34 Issue and amendment of deeds of recognition
General provisions
35 Application to river or stream
36 Exercise of powers and performance of functions and duties
37 Rights not affected
38 Limitation of rights
Consequential amendment to Resource Management Act 1991
39 Amendment to Resource Management Act 1991
Subpart 2—Nga paihau
40 Interpretation
41 Declaration of nga paihau
42 Acknowledgement by the Crown of statements of iwi values
43 Purposes of nga paihau
44 Agreement on protection principles
45 New Zealand Conservation Authority and Conservation Boards to have particular regard to certain matters
46 New Zealand Conservation Authority and Conservation Boards to consult trustee
47 Conservation management strategy
48 Noting of nga paihau
49 Notification in Gazette
50 Actions by Director-General
51 Amendment to strategy or plan
52 Regulations
53 Bylaws
54 Existing classification of nga paihau sites
55 Termination of nga paihau
56 Exercise of powers and performance of functions and duties
57 Rights not affected
58 Limitation of rights
Subpart 3—Vesting of cultural redress properties
59 Interpretation
Sites that vest in fee simple
60 Rarangi (Ngati Toa Rangatira)
61 Akatarawa Road conservation area
62 Former Tuamarina school house
63 Rangihaeata
64 Pelorus Bridge
65 Titahi Bay Road site A
66 Titahi Bay Road site B
Sites that vest in fee simple subject to conservation covenant
67 Waikutakuta / Robin Hood Bay
68 Elaine Bay
Sites that vest in fee simple to be administered as reserves
69 Whitianga site
70 Te Mana a Kupe
71 Taputeranga Island
72 Onehunga Bay
73 Wainui
74 Te Onepoto Bay
75 Te Arai o Wairau
76 Pukatea / Whites Bay
77 Horahora-kākahu
78 Tokomaru / Mount Robertson
Sites that vest in fee simple to be held as Maori reservations
79 Taupo urupa
80 Whitireia urupa
Subpart 4—General provisions relating to vesting of cultural redress properties
General provisions
81 Properties are subject to, or benefit from, interests
82 Interests in land for certain reserve sites
83 Interests that are not interests in land
84 Registration of ownership
85 Application of Part 4A of Conservation Act 1987
86 Recording application of Part 4A of Conservation Act 1987 and sections of this Act
87 Application of other enactments
Provisions relating to reserve sites
88 Application of Reserves Act 1977 to reserve sites
89 Joint management body for Pukatea / Whites Bay and Horahora-kākahu
90 Joint management body for Tokomaru / Mount Robertson
91 Subsequent transfer of Whitianga site, Wainui, or Te Arai o Wairau
92 Subsequent transfer of Te Mana a Kupe
93 Subsequent transfer of Taputeranga Island
94 Subsequent transfer of Onehunga Bay or Te Onepoto Bay
95 Subsequent transfer of jointly vested sites
96 No mortgage of reserve land
97 Saving of bylaws, etc, in relation to reserve sites
Names of Crown protected areas and reserve sites
98 Names of Crown protected areas and reserve sites
Repeal
99 Consequential repeal of certain sections of Wellington City Empowering and Amendment Act 1927
Subpart 5—Geographic names
100 Interpretation
101 New names of features
102 Publication of new names
103 Alteration of new names
Subpart 6—Delayed vesting and gifting back of balance of Mana Island
104 Interpretation
105 Notice appointing vesting date for balance of Mana Island
106 Delayed vesting and gifting back of balance of Mana Island
Subpart 7—Kapiti Island redress
107 Interpretation
Kapiti Island site
108 Kapiti Island site
109 Right of access over reserves to Kapiti Island site
110 Registration of ownership of Kapiti Island site
111 Application of enactments to Kapiti Island site
Kapiti Island North Nature Reserve site
112 Kapiti Island North Nature Reserve site
113 Registration of ownership of Kapiti Island North Nature Reserve site
114 Application of enactments to Kapiti Island North Nature Reserve site
115 Change of named registered proprietor of Kapiti Island North Nature Reserve site
116 Trustee may divest all or part of Kapiti Island North Nature Reserve site
117 Vesting of Kapiti Island North Nature Reserve balance site
Kapiti Island Nature Reserve site
118 Notice appointing vesting date for Kapiti Island Nature Reserve site
119 Delayed vesting and gifting back of Kapiti Island Nature Reserve site
120 Recording right of access on register for Kapiti Island Nature Reserve site
Strategic advisory committee for Kapiti Island reserve sites
121 Strategic advisory committee established
122 Appointment of members to strategic advisory committee
123 Interim members of strategic advisory committee
124 Functions of strategic advisory committee
125 Procedure and meetings of strategic advisory committee
126 Quorum at meetings of strategic advisory committee
Consultation with and advice provided by strategic advisory committee
127 Strategic advisory committee may provide advice on conservation matters
128 Strategic advisory committee to be consulted, and may provide advice, on annual planning
129 Strategic advisory committee may provide advice on burial caves at Wharekohu Bay
130 Conservation management strategy that affects Kapiti Island reserve site
131 General provision about advice
Conservation management plan for Kapiti Island reserve sites
132 Interpretation
133 Process for preparation and approval of Kapiti Island plan
134 Preparation of draft plan
135 Notification of draft plan
136 Submissions on draft plan
137 Hearing of submissions
138 Revision of draft plan
139 Referral of draft plan to Conservation Authority and Minister
140 Approval of draft plan
141 Referral of disagreement to Conservation Authority
142 Mediation of disagreement
143 Review of Kapiti Island plan
144 Amendment of Kapiti Island plan
Subpart 8—Poutiaki plan
145 Interpretation
146 Preparation of poutiaki plan
147 Effect on relevant councils
148 Limitation of rights
Subpart 9—Whitireia Park redress
149 Interpretation
150 Joint board established
151 Joint board is administering body of reserves
152 Application for statutory authorisation over additional reserve
153 Interests in favour of additional reserves
154 Management plan
155 Procedure and meetings of joint board
156 Trustee may become administering body of additional reserve
Subpart 10—Queen Elizabeth Park campground site
157 Interpretation
158 Change of reserve classification and appointment of administering body
159 Improvements on campground site
160 Management of site and income
161 Revocation of appointment of administering body
Subpart 11—River and freshwater advisory committee
162 Advisory committee established
163 Appointment of members to advisory committee
164 Advisory committee may provide advice
165 Council must invite and have regard to advice
166 Procedure and meetings of advisory committee
167 Advisory committee may request information
168 Other obligations under Resource Management Act 1991
Part 3
Commercial redress
Subpart 1—Transfer of commercial redress properties, commercial properties, and deferred selection properties
169 The Crown may transfer properties
170 Registrar-General to create computer freehold register
171 Minister of Conservation may grant easements
172 Application of other enactments
173 Transfer of commercial redress property for no consideration
174 Transfer of properties subject to lease
Subpart 2—Licensed properties
175 Interpretation
176 Licensed property ceases to be Crown forest land
177 Trustee confirmed beneficiary and licensor in relation to licensed property
178 Effect of transfer of licensed property
Subpart 3—Right of access to protected sites
179 Interpretation
180 Right of access to protected site
181 Right of access subject to Crown forestry licence
182 Notation on computer freehold register
Subpart 4—Right of first refusal in relation to RFR land
Interpretation
183 Interpretation
184 Meaning of RFR land
Restrictions on disposal of RFR land
185 Restrictions on disposal of RFR land
Trustees' right of first refusal
186 Requirements for offer
187 Expiry date of offer
188 Withdrawal of offer
189 Acceptance of offer
190 Formation of contract
Disposals to others where land remains RFR land
191 Disposals to the Crown or Crown bodies
192 Disposals of existing public works to local authorities
193 Disposals of reserves to administering bodies
Disposals to others where land may cease to be RFR land
194 Disposals in accordance with enactment or rule of law
195 Disposals in accordance with legal or equitable obligation
196 Disposals under certain legislation
197 Disposals of land held for public works
198 Disposals for reserve or conservation purposes
199 Disposals for charitable purposes
200 Disposals to tenants
201 Disposals by Housing New Zealand Corporation
202 Disposals by Capital and Coast District Health Board
203 RFR landowner's obligations subject to other things
Notices
204 Notice to trustees if land becomes RFR land
205 Notice to LINZ of certain RFR land with computer register
206 Notice to trustees of potential disposal of RFR land
207 Notice to trustees of disposals of RFR land to others
208 Notice to LINZ of land ceasing to be RFR land
209 Notice to LINZ of transfer of certain deferred selection RFR land to trustees
210 Notice requirements
Memorials for RFR land
211 Recording memorials on computer registers for RFR land
212 Removal of memorials when land to be transferred or vested
213 Removal of memorials when RFR period ends
General provisions
214 Waiver and variation
215 Disposal of Crown bodies not affected
216 Assignment of rights and obligations under this subpart
Schedule 1
Statutory areas
Schedule 2
Nga paihau sites
Schedule 3
Cultural redress properties
Schedule 4
Kapiti Island redress
Schedule 5
Notices in relation to RFR land
Legislative history