Te Urewera is ancient and enduring, a fortress of nature, alive with history; its scenery is abundant with mystery, adventure, and remote beauty.

Te Urewera is a place of spiritual value, with its own mana and mauri.

Te Urewera has an identity in and of itself, inspiring people to commit to its care.

For Tūhoe, Te Urewera is Te Manawa o te Ika a Māui; it is the heart of the great fish of Maui, its name being derived from Murakareke, the son of the ancestor Tūhoe.

For Tūhoe, Te Urewera is their ewe whenua, their place of origin and return, their homeland.

Te Urewera expresses and gives meaning to Tūhoe culture, language, customs, and identity. There Tūhoe hold mana by ahikāroa; they are tangata whenua and kaitiaki of Te Urewera.

Te Urewera is prized by other iwi and hapū who have acknowledged special associations with, and customary interests in, parts of Te Urewera.

Te Urewera is also prized by all New Zealanders as a place of outstanding national value and intrinsic worth; it is treasured by all for the distinctive natural values of its vast and rugged primeval forest, and for the integrity of those values; for its indigenous ecological systems and biodiversity, its historical and cultural heritage, its scientific importance, and as a place for outdoor recreation and spiritual reflection.

Tūhoe and the Crown share the view that Te Urewera should have legal recognition in its own right, with the responsibilities for its care and conservation set out in the law of New Zealand. To this end, Tūhoe and the Crown have together taken a unique approach, as set out in this Act, to protecting Te Urewera in a way that reflects New Zealand’s culture and values.

The Crown and Tūhoe intend this Act to contribute to resolving the grief of Tūhoe and to strengthening and maintaining the connection between Tūhoe and Te Urewera.

The purpose of this Act is to establish and preserve in perpetuity a legal identity and protected status for Te Urewera for its intrinsic worth, its distinctive natural and cultural values, the integrity of those values, and for its national importance, and in particular to—

In achieving the purpose of this Act, all persons performing functions and exercising powers under this Act must act so that, as far as possible,—

In achieving the purpose of this Act, all persons performing functions and exercising powers under this Act must act so that the public has freedom of entry and access to Te Urewera, subject to any conditions and restrictions that may be necessary to achieve the purpose of this Act or for public safety.

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,—

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.

In this Part,—

In Part 2,—

In Part 3,—

There are 5 schedules relating to this Act, setting out,—

Te Urewera is a legal entity, and has all the rights, powers, duties, and liabilities of a legal person.

However,—

Te Urewera establishment land ceases to be vested in the Crown.

Any part of the establishment land that is—

The fee simple estate in the establishment land vests in Te Urewera and is held under, and in accordance with, this Act.

Te Urewera land must not be alienated, mortgaged, charged, or otherwise disposed of, except—

This section amends the National Parks Act 1980.

Repeal section 6(1)(g) and (4).

This section amends the Public Finance Act 1989.

In section 27(3), after paragraph (ba), insert:

After Schedule 5, insert:

The Public Finance Act 1989 is consequentially amended in the manner shown in Schedule 5.

Te Urewera Board is established.

Further provision is made for matters relevant to the Board in Part 1 of Schedule 2.

The purposes of the Board are—

The functions of the Board are—

In performing its functions, the Board may consider and give expression to—

In this section, in accordance with the understanding of Tūhoe,—

The Board has full capacity and all the powers reasonably necessary to achieve its purposes and perform its functions.

In performing its functions, the Board must act consistently with—

Except as provided in this Act, the Board may determine its own procedure.

The Board must consider and provide appropriately for the relationship of iwi and hapū and their culture and traditions with Te Urewera when making decisions, including—

The purpose of subsection (1) is to recognise and reflect—

For the first 3 years after the settlement date, the Board consists of 8 members, appointed as follows:

From the third anniversary of the settlement date, the Board is to consist of 9 members, appointed as follows:

In making an appointment, an appointer must consider whether the proposed member has the mana, standing in the community, skills, knowledge, or experience—

Before making any appointment, each appointer must—

Before appointments are made under subsection (1)(b) or (2)(b), the Minister must seek a recommendation from the New Zealand Conservation Authority in relation to 1 of the members to be appointed by the Ministers or Minister, as appropriate.

Any recommendation received under subsection (5) must be considered by the Minister, but the Minister—

In this subpart, appointers means,—

A natural person who is a disqualified person must not be appointed as a member of the Board.

In subsection (1), a disqualified person is a person—

Before an appointment made under section 21 takes effect, a proposed member must make a declaration in writing to confirm that the member will, if appointed,—

The members of the Board must appoint a member appointed by the trustees to be the chair of the Board.

The chair is appointed for the same 3-year term as the members of the Board, unless the chair resigns, is removed from that office by the Board, or otherwise vacates the office.

A chair may be reappointed as chair, but for not more than 3 consecutive terms.

However, a chair may hold that office for more than 3 terms, as long as the office is not held by the same person for more than 3 consecutive terms.

If a chair is absent from 3 consecutive meetings, the Board must, in accordance with subsection (1), appoint a member appointed by the trustees to be the acting chair to act instead of the chair for the subsequent 3 meetings.

If a chair is absent for 6 consecutive meetings, the office of the chair is vacated and the Board must appoint a member appointed by the trustees to be the new chair.

The members of the Board must appoint a member to be the deputy chair of the Board.

The deputy chair is appointed for the same 3-year term as the members of the Board, unless the deputy chair resigns, is removed from that office by the Board, or otherwise vacates the office.

A deputy chair may be reappointed as deputy chair, but for not more than 3 consecutive terms.

However, a deputy chair may hold that office for more than 3 terms, as long as the office is not held by the same person for more than 3 consecutive terms.

The first term of the Board—

Each subsequent term of the Board—

The members of the Board are appointed for a term of 3 years from the commencement of a term of the Board, unless a member resigns, is removed from office by the appointer of that member, or otherwise vacates office.

A member may be reappointed, but for no more than 3 consecutive terms.

However, a member may be appointed for more than 3 terms, as long as the member is not appointed for more than 3 consecutive terms.

A member of the Board may be removed by, and at the sole discretion of, the appointer of that member.

If a member becomes disqualified under section 22(2), that person is no longer a member of the Board.

Written notice of the removal of a member must be given,—

A member may resign by written notice to the appointer of the member and to the Board.

If a member is removed or resigns, or the office of a member otherwise becomes vacant, there is an extraordinary vacancy on the Board.

An extraordinary vacancy must be filled in the same manner as the appointment giving rise to the vacancy was made, except that the replacement appointment is for the remainder of the term of the Board to which the vacating member was appointed.

The ability of the Board to exercise its functions is not affected by—

A member of the Board who has acted in good faith in the course of the Board performing its functions is not personally liable for any act or omission of the Board or of any member of the Board.

In participating in any decision making, every member of the Board must—

All decisions of the Board must be made at a meeting of the Board.

In relation to the Board’s decisions, the chair’s role includes—

The Board must strive to make the following decisions by unanimous agreement:

If, after reasonable discussion, the chair considers that it is not practicable to reach a unanimous decision, the chair may, at his or her sole discretion, declare that the Board’s decision is to be made as a consensus decision in accordance with section 34.

The Board must strive to make the following decisions by consensus:

If, after reasonable discussion, the chair considers that it is not practicable for the Board to reach a consensus decision, the chair may, at his or her sole discretion, declare that the decision will be made by a vote of the Board.

However, the chair may, at his or her sole discretion, at any time in the decision-making process,—

If the chair initiates mediation under section 32(d)(i), the chair must notify the Board and the mediator of—

If the chair declares that it is not practicable to reach a consensus decision after reasonable discussion, a decision may be made by voting, with the support of—

The chair (or the deputy chair, if the chair is not present) has a deliberative vote, but not a casting vote.

The Board may delegate decision making to a committee of the Board set up in accordance with Part 1 of Schedule 2.

The Board must specify the terms of appointment of a committee, including whether, and in what circumstances, the committee must refer a decision to the Board for confirmation or for a final decision.

Before the beginning of each financial year, the Board, the chief executive, and the Director-General must develop and agree a budget for the performance of the powers of the Board and the exercise of its powers for that financial year.

The chief executive and the Director-General must contribute equally to the costs provided for in the budget, unless both agree to a different contribution.

All revenue received by the Board must be paid into a bank account of the Board and applied, as directed by the Board, for achieving the purpose of this Act.

Money received by the Board as a gift or bequest must be applied in accordance with any directions from the gifter or bequestor for its use or for a particular purpose in Te Urewera, but otherwise must be used in accordance with subsection (1).

In this section, Inland Revenue Acts has the meaning given in section 3(1) of the Tax Administration Act 1994.

For the purposes of the Inland Revenue Acts and the liabilities and obligations placed on a person under those Acts, Te Urewera and the Board are deemed to be the same person.

In particular (and to avoid doubt),—

A notice issued by the Commissioner of Inland Revenue to Te Urewera is treated for the purposes of the Inland Revenue Acts as a notice to the Board.

Despite subsections (2) to (4), Te Urewera and the Board are jointly and severally liable under the Inland Revenue Acts.

The Income Tax Act 2007 is consequentially amended in the manner shown in Schedule 5.

Except as expressly provided in this Act, this Act and the deed of settlement do not limit—

The following Acts apply to the Board:

Despite section 41,—

The Board must prepare and approve Te Urewera management plan in accordance with this subpart.

Public notice, as required by clause 19(1)(c) of Schedule 2, must be given not later than 1 year after the settlement date that a draft management plan is to be prepared.

Further provision is made for the preparation, notification, consideration, and approval of the management plan in Part 2 of Schedule 2.

The purpose of Te Urewera management plan is—

The management plan must—

The management plan may address any other matters relevant to achieving the purpose of this Act.

Every person or entity that prepares, approves, or reviews the management plan may have regard to any relevant conservation planning document.

Every person or entity that prepares, approves, or reviews a conservation planning document that is relevant to Te Urewera must have regard to the management plan.

The Board must commence a review of the management plan not later than 10 years after the date of the previous approval of that plan.

Despite subsection (1), the Board may undertake a review of the management plan, in whole or in part, and amend it if, at any time, it considers that it is necessary or desirable to ensure that the plan takes account of increased knowledge or changing circumstances.

Amendments must be made in accordance with section 47(1) and the process set out in Part 2 of Schedule 2.

However, the provisions of clauses 22(4) and 23 of Schedule 2 may be followed for making an amendment if the Board considers the amendment to be such that it does not materially affect—

Until the date when the management plan required by section 44 is approved under this Part, the Te Urewera National Park management plan approved on 12 February 2003 under section 48 of the National Parks Act 1980 applies to Te Urewera, to the extent that it is not inconsistent with sections 4 and 5, as if that plan were approved for Te Urewera.

To avoid doubt, section 48 applies to the Te Urewera National Park management plan, with the necessary modifications, until the date when the management plan required by section 44 is approved under this Part.

The chief executive and the Director-General are responsible for the operational management of Te Urewera.

The operational management of Te Urewera must be in accordance with—

The process for preparing an operational plan is set out in Part 3 of Schedule 2.

Each year the Board must adopt and issue a statement of priorities for implementing the management plan in the following year.

The Board must—

The Director-General and every other person who performs functions and exercises powers and duties under the Conservation Act 1987 has the powers that are necessary or expedient for the performance of the functions and exercise of the powers and duties under this Act.

Those functions, powers, and duties must be performed and exercised in accordance with—

Subsection (2)(b) does not limit subsection (2)(a).

Each year the chief executive and the Director-General must prepare an annual operational plan for the operational management of Te Urewera in the following year.

The operational plan must—

The annual operational plan may refer to funding that extends over more than 1 year.

The nature and extent of funding referred to in subsection (2)(d) is solely at the discretion of the body or person providing that funding.

Implementation of the matters identified under subsection (2)(b), (c), and (e) is required only to the extent that funding and other resources make that practicable.

The chief executive or the Director-General may appoint persons to act in an honorary capacity as kaimahi for the purposes of operational management in Te Urewera.

Persons appointed under subsection (1)—

There are 4 categories of activity that may be undertaken in Te Urewera, as follows:

An activity permit or concession obtained from the Board under this subpart does not exempt a person from obtaining any other authorisation required by any other enactment.

Further provision is made in Schedule 3 for the granting and operating of activity permits and concessions.

The following classes of activity may be undertaken in Te Urewera without authorisation:

Any person may apply to the Board for authorisation of an activity under an activity permit or a concession, as relevant.

In determining an application, the Board must be satisfied—

The following activities must not be undertaken in Te Urewera unless they are authorised by an activity permit issued by the Board:

The Board must develop and make publicly available, in whatever manner it considers appropriate, a process and procedures for receiving, processing, and determining applications for activity permits.

The process must accord with good administrative practice and must cover such matters as—

The Board and the Director-General must jointly develop and make available a process for dealing with applications for authorisations that are required under both this subpart and the Wildlife Act 1953.

The process required by subsection (1) must—

The Board may grant an activity permit to possess, for cultural purposes, dead protected wildlife found and lawfully taken in Te Urewera.

If the Board has granted an activity permit under subsection (3), a permit is not required under the Wildlife Act 1953 for that activity.

As soon as is reasonably practicable after the settlement date, the Board and the Fish and Game Council with jurisdiction in the locality of Te Urewera must commence discussions for the purpose of entering into a memorandum of understanding that records how the Board and the relevant Council will work together in a co-ordinated and co-operative way to ensure that they carry out their statutory functions under this Act and the Conservation Act 1987.

The Board may grant concessions in the form of a lease, licence, permit, or easement, but only if the activity to which the concession relates is not inconsistent with the management plan.

Every activity that is or includes a trade, business, or occupation undertaken for specific gain or other reward, whether pecuniary or otherwise, must be authorised by a concession.

Application must not be made for a concession if the Board has exercised a power under clause 30 of Schedule 3 to initiate a process and the application would be inconsistent with that process.

In order to control wild animals, animal pests, or plant pests in Te Urewera, the Minister may approve the introduction of any biological control organism into Te Urewera.

Before granting an approval, the Minister must—

The Minister must not grant an approval under subsection (1) that is inconsistent with—

Despite anything in this Act, Te Urewera land is to be treated as if it were Crown land described in Schedule 4 of the Crown Minerals Act 1991.

Section 61 of the Crown Minerals Act 1991 applies to the Board as if references to the appropriate Minister or Minister of Conservation in that section were references to the Board.

An independent review of the governance and management of Te Urewera must be undertaken, commencing on the fifth anniversary of the settlement date.

The purpose of the review is to review—

The review must provide recommendations, if appropriate, to the appointers on any matter considered in the review.

Further reviews may be conducted at any later date by agreement of the relevant appointers.

The chair of the trustees and the Minister must jointly appoint a reviewer for the purpose of section 65, or may appoint more than 1 reviewer as a review panel.

The appointment must include the terms of reference.

The reviewer must act in accordance with the terms of reference.

In this section and sections 67 and 68, reviewer includes a review panel of more than 1 reviewer.

In undertaking the review, the reviewer must discuss matters that the reviewer considers relevant to the review with—

The Board, the chief executive, and the Director-General must—

The reviewer must provide a draft report to the Board, the chair of the trustees, and the Minister, who may provide comments to the reviewer.

The reviewer must consider those comments and supply the final report to those persons.

The chair of the trustees and the Minister must, as soon as is reasonably practicable, consider and agree their response to the findings and recommendations of the reviewer set out in the final review report.

The final review report must be—

The chair of the trustees and the Minister must work together to implement their agreed response to the final review report.

The costs of the independent review conducted under this subpart must be met equally by the persons appointing the reviewer.

The Board may make bylaws to regulate conduct, including bylaws for any of the following purposes:

If the Board intends to make a bylaw under this section, the Board—

Bylaws made under this section—

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

That Act applies as if—

Bylaws made under the National Parks Act 1980 and applying immediately before the settlement date to Te Urewera land remain in force until they expire or are revoked under the National Parks Act 1980.

The Board may prepare and approve a compliance and enforcement policy for Te Urewera.

For the purpose of undertaking compliance and enforcement under this subpart, the chief executive and the Director-General must—

All persons responsible for undertaking compliance and enforcement duties must have regard to any compliance and enforcement policy approved by the Board.

The chief executive and the Director-General must—

In this section, warranted officer means a person who is issued with a written warrant under section 72, whether that person is—

The chief executive and the Director-General may jointly issue a written warrant to a person if the chief executive and the Director-General—

A warrant issued under this section—

A warranted officer may exercise the powers conferred by this Act.

Every constable has the powers of a warranted officer for the purposes of compliance and enforcement under this Act.

The following persons may exercise, within Te Urewera, the powers and duties conferred on them by or under other legislation:

Clauses 4 and 5 of Schedule 4 apply to existing and temporary warrants issued under the Conservation Act 1987.

Every person commits an offence who, without being authorised under this Act, the Crown Minerals Act 1991, or any bylaw made under section 70,—

Every person commits an offence against this Act who,—

Every person commits an offence against this Act who uses, receives, sells, or otherwise disposes of an item specified in subsection (1)(d) or (h) knowing it to have been removed unlawfully from Te Urewera.

Every person commits an offence against this Act who, without being authorised under this Act,—

If a person is found discharging a firearm in breach of subsection (4), clause 11(8) of Schedule 4 applies to that firearm as if it were illegally in the possession of that person in Te Urewera.

Every person commits an offence against this Act who breaches a bylaw made under section 70 and is liable on conviction to the penalty prescribed under section 70(1)(o).

In addition to any penalty for which the person may be liable, a person convicted of an offence under this section is liable to pay the cost of any loss or damage, or expenses caused by or arising from the action constituting the offence (which may include salaries, wages, and incidental expenses incurred in investigating the offence or in remedying the loss or damage caused by that action).

The proof of authorisation for the purposes of subsection (1) or (4) must be established by the person charged.

For the purpose of subsection (7), the cost or value must be assessed by a District Court Judge and is recoverable as if it were incurred as a fine.

Every person commits an offence against this Act who—

Every person who commits an offence against any of the provisions listed in subsection (2) is liable on conviction to the penalties prescribed in subsection (3).

The provisions are—

The penalties are,—

Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable, on conviction, to,—

If a person is convicted of an offence against this Act, and it is proved beyond reasonable doubt on sentencing that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable, in place of any penalty otherwise prescribed,—

Subsection (1) is not limited by any other provisions in this subpart.

Any person may commence a proceeding under this Act.

If the Board, the chief executive, or the Director-General proposes to commence a proceeding under this Act, that person must inform the others of—

There is no duty on any person, other than those referred to in subsection (2), to inform any person of the intention to commence a proceeding.

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of offences against this Act ends on the day that is 12 months from the date of the discovery of the offence.

If a person is found in possession of a plant, stone, mineral, egg, nest, animal, taonga tūturu, or part of any similar thing in the vicinity of Te Urewera, and fails or refuses to give a satisfactory account, when asked by a warranted officer, as to how the thing has come to be in that person’s possession, that is to be treated as evidence that the person removed it from Te Urewera.

In a proceeding for an offence against this Act or against a bylaw made under section 70, unless there is proof to the contrary, it is presumed that a map or plan specifying the location where the offence is alleged to have taken place, if signed by the chief executive of Land Information New Zealand, is sufficient evidence that the location is within Te Urewera without the personal attendance of that chief executive or proof of his or her signature.

No person who owns or is in charge of a dog may allow the dog to be in Te Urewera unless permitted by or under this Act or by a bylaw made under section 70.

Provision is made in Part 2 of Schedule 4 for further matters relevant to dog control in Te Urewera.

Subject to clause 13 of Schedule 4, the Board may from time to time issue a dog control permit to allow the owner or person in charge of a dog to take the dog into Te Urewera or the part of Te Urewera specified in the permit.

Without limiting subsection (1), the Board may refuse to issue a dog control permit if the permit is sought—

Every dog control permit issued under subsection (1) is subject to—

Every dog control permit issued under subsection (1) must state the activity and purpose for which it is issued.

Every person commits an offence against this Act and is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000 or to both who—

Without limiting subsection (1)(b), for the purpose of this Act, a dog is not under proper control if it is found at large in Te Urewera.

Fines imposed and recovered in any proceedings under this subpart must be paid to the Board.

Money received by the Board under this section is subject to—

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

Despite the registration of Te Urewera establishment land in the name of Te Urewera, the Board must exercise and perform all the rights, powers, and duties of the registered proprietor of the establishment land on behalf of, and in the name of, Te Urewera.

The Registrar-General must have regard to subsection (2).

A computer freehold register must be created for the establishment land as soon as is reasonably practicable after the settlement date, but not later than 24 months after that date.

Subsection (1) applies despite—

The following enactments cease to apply to Te Urewera land:

The Registrar-General must ensure that no resumptive memorials that relate to the enactments listed in subsection (1) are entered on the register for Te Urewera land.

The computer freehold register for Te Urewera land does not adversely affect or in any way limit the title of a registered proprietor of land adjacent to Te Urewera land.

Any interests relating to Te Urewera establishment land immediately before its vesting by section 12 are existing interests (existing interests).

Existing interests continue to apply, with any necessary modification, until the interest expires or is terminated.

For the purposes of the existing interests, on and from the settlement date,—

Despite subsection (3)(a), a variation to, or renewal of, an interest relating to Tāwhiuau Maunga must have the written consent of the trustees of Te Rūnanga o Ngāti Manawa.

In this section, Tāwhiuau Maunga and trustees of Te Rūnanga o Ngāti Manawa have the meanings given in section 129.

Nothing in Part 4A of the Conservation Act 1987 or the Public Works Act 1981 applies to the vesting of the fee simple estate in Te Urewera land.

Nothing in Te Ture Whenua Maori Act 1993 applies to Te Urewera land.

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this subpart, of the reserve status of any part of Te Urewera land.

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

The vesting of the fee simple estate in Te Urewera land 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 Te Urewera land.

The official geographic name of Te Urewera National Park is discontinued.

If any part of Te Urewera land was a Crown protected area immediately prior to its vesting, the official geographic name of that land is discontinued.

The New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa must amend the Gazetteer to record that the relevant official geographic names have been discontinued by this section.

In this section, 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.

Crown improvements—

Subsection (1)(b) applies only to the extent that the use, occupation, access, maintenance, removal, or demolition of the improvements is not inconsistent with—

Other improvements attached to the establishment land that are not governed by an existing interest (within the meaning of section 92(1)) are vested in—

Te Urewera land is to be treated as if Te Urewera were listed in clause 1 of Part 1 of Schedule 1 of the Local Government (Rating) Act 2002.

No levy may be imposed on the Board in respect of Te Urewera land under section 45(3) or 46(3) of the Forest and Rural Fires Act 1977.

The Crown, and not the Board, is responsible for any liability to remediate Te Urewera land that is contaminated, if the contamination occurred at any time while the Crown owned the land.

In subsection (3), contaminated land has the meaning given in section 2(1) of the Resource Management Act 1991.

This section applies if—

The Board must, at the earliest practicable opportunity, give written notice of the matter to—

The notice may propose options for meeting the costs and other obligations associated with the liability.

The Board, the trustees, and the Ministers must consider and respond to any proposals any of them may make.

The trustees and the Ministers may—

The Board must, at its first meeting after the settlement date, sign and return to the Crown, in favour of the Minister for Arts, Culture and Heritage, a registrable easement in gross for a right to locate, access, and maintain headstones on the former Kainaha historic reserve, on the terms and conditions set out in part 8.2 of the documents schedule.

The easement—

The Board must grant and register easements in perpetuity over the part of Te Urewera establishment land used for the operation of the Waikaremoana power station, on the terms and conditions specified by the Crown.

The easements—

This section applies only if the Crown has not registered the easements before the settlement date.

Any area of land outside the boundaries to Te Urewera may be added to Te Urewera under this subpart.

Land may be added to Te Urewera only if—

Land added to Te Urewera becomes Te Urewera land.

All land proposed for addition to Te Urewera must contain—

An area of land outside the boundaries of Te Urewera may be considered for inclusion in Te Urewera, even if its natural, cultural, or historic values have been diminished, as long as the land—

The Board may acquire interests of the kind described in subsection (3) if the Board is satisfied as to the matters set out in subsection (2).

Before exercising a power under this section, the Board must be satisfied,—

The Board may—

An interest acquired under this section is, for the duration of the interest, subject to this Act and must be administered by the Board for the purpose of this Act.

In considering a proposal to add land to Te Urewera or to acquire an interest, the Board, the chief executive, the Minister, and the Director-General must each consider, as relevant, the following matters:

The Board may make a proposal to add private land to Te Urewera if it is satisfied that the land is suitable to add to Te Urewera on the grounds that—

If the private land that is the subject of a proposal is Māori freehold land,—

The Board may, before making a proposal under subsection (1), request the chief executive and the Director-General to investigate the proposal and provide a report to the Board with recommended outcomes.

To avoid doubt, the Māori Land Court does not have jurisdiction to make a vesting order to add land to Te Urewera.

The addition of any land to Te Urewera is subject to the Board being able to secure the funds necessary for the purchase price (if any).

The Minister must consider a proposal of the Board under section 104 and may, if the Minister considers it appropriate,—

In the case of a proposal relating to Māori freehold land, the Minister must be satisfied that the Māori Land Court has—

Before deciding not to make a recommendation to the Governor-General, the Minister must provide the Board with—

The Governor-General may, on the advice of the Minister, make an Order in Council that—

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If the Board proposes to add public conservation land to Te Urewera, the Board must—

The Board may request the Director-General to investigate the proposal and report on it to the Board, including outcomes the Director-General recommends.

If the Director-General receives a request under subsection (2), the Director-General must—

After undertaking an investigation, the Director-General must—

The final report of the Director-General must include—

The Director-General must provide the final report to the Board.

The Board must seek comment on that final report from the New Zealand Conservation Authority and relevant conservation boards.

Before making a recommendation to the Minister that all, part, or none of the land referred to in the Director-General’s final report be added to Te Urewera, the Board must consider—

If the Board is satisfied that the addition of the relevant land would benefit Te Urewera, the Board may recommend to the Minister that all or part of the land be added to Te Urewera.

The Minister must consider the recommendation received from the Board under section 106(8) and may, if the Minister considers it appropriate,—

Before deciding not to make a recommendation to the Governor-General, the Minister must provide the Board with—

The Governor-General may, on the advice of the Minister, make an Order in Council that—

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

This section applies to land added at any time to Te Urewera by an Order in Council made under section 105 or 107.

After an Order in Council made under section 105 or 107 comes into force, the Board, or a person authorised by the Board, must promptly apply in writing to the Registrar-General to create a new computer freehold register for Te Urewera land.

The Registrar-General must, in accordance with that application,—

Despite the registration of Te Urewera land in the name of Te Urewera, the Board must exercise and perform all the rights, duties, and powers of the registered proprietor of Te Urewera land on behalf of, and in the name of, Te Urewera.

The Registrar-General must have regard to subsection (4).

Subsection (3)—

This section applies if a local authority—

The road ceases to be a road and the land vests in Te Urewera and becomes Te Urewera land.

The provisions of Schedule 10 of the Local Government Act 1974 apply to the stopping of a road under this section, except as this section provides otherwise.

Despite section 100(2), sections 103 to 105 do not apply to land added to Te Urewera under this section.

The following provisions of the Local Government Act 1974 do not apply to the stopping of a road under this section:

The Board, or a person authorised by the Board, must promptly apply in writing to the Registrar-General to create a new computer freehold register for Te Urewera land.

The Registrar-General must, in accordance with that written application,—

Despite the registration of Te Urewera land in the name of Te Urewera, the Board must exercise and perform all the rights, duties, and powers of the registered proprietor of Te Urewera land on behalf of, and in the name of, Te Urewera.

The Registrar-General must have regard to subsection (3).

Subsection (2)—

No area of land may be removed from Te Urewera except by an Act of Parliament enacted after the commencement of this Act.

On the recommendation of the Board, the Minister may propose legislation for introduction to Parliament to remove an area of land from Te Urewera, but only—

If the proposal to remove land from Te Urewera has not been included in the management plan and the Board considers that its removal may be controversial, the Board must give public notice nationally seeking public comment on the proposal before making a recommendation under subsection (2).

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

Land removed from Te Urewera under this section—

If land is removed from Te Urewera under section 111, the Board, or a person authorised by the Board, must promptly apply in writing to the Registrar-General to create a new computer freehold register for Te Urewera land.

The Registrar-General must, in accordance with that written application,—

Despite the registration of Te Urewera land in the name of Te Urewera, the Board must exercise and perform all the rights, duties, and powers of the registered proprietor of Te Urewera land on behalf of, and in the name of, Te Urewera.

The Registrar-General must have regard to subsection (3).

Subsection (2)—

The Board may, if provided for in the management plan, recommend to the Minister that any of the following areas be established in any part of Te Urewera:

The Board must specify in its recommendation—

The Board may make a recommendation to establish a specially protected area in a specified part of Te Urewera, but only if the Board considers that there are special features or values in that part of Te Urewera that—

The Board may make a recommendation to establish a wilderness area in a specified part of Te Urewera, but only if the Board considers that there are particular natural and wilderness values in that part of Te Urewera that—

An area set aside as a wilderness area must be sufficiently large, remote, and buffered to be affected by human influences only in minor ways.

The Board may make a recommendation to establish an amenity area in a specified part of Te Urewera, but only if the Board considers that—

On receiving a recommendation from the Board under section 113, the Minister—

Before the Minister declines to accept a recommendation in whole or in part, the Minister must provide the Board with—

The status of an area established under this section may be revoked or the boundaries of the area altered, on a recommendation of the Board and in accordance with subsections (1) and (2).

A specially protected area must be managed in accordance with—

A wilderness area must be managed—

An amenity area must be managed in accordance with—

The Minister may propose to the Board that a specially protected area be established in any part of Te Urewera.

The Board must consider the Minister’s proposal and may, if it considers it appropriate, make a recommendation to that effect under section 113.

No person may enter a specially protected area unless that person—

An authorisation may be issued subject to any conditions.

The Board must not issue an authorisation that would be inconsistent with the management plan.

If a specially protected area is established under section 117, the Board may allow the Minister to be responsible for issuing authorisations in relation to that area.

While an area is set apart as a wilderness area,—

The activities specified in subsection (1) must not be undertaken in a wilderness area unless authorised by the Board under section 120.

The Board may authorise an activity described in section 119, but only if it is satisfied that the proposed activity—

The Board may authorise any person to liberate any species of indigenous animal in a wilderness area if—

While an area is set aside as an amenity area, the purpose and principles set out in sections 4 and 5 apply in that area only to the extent that they are compatible with the development and operation of the recreational, public, and cultural amenities and services for which the amenity area is established.

The purpose of this section and sections 123 to 125 is to enable the Board, in its discretion, to enter into a covenant with the owner of private land outside Te Urewera (or with the lessee of the land, with the consent of the owner).

The purpose of entering into a covenant is to provide for the protection of the relevant land in a manner that contributes to achieving the purpose of this Act.

A covenant may be entered into only if—

The Board must meet all the costs associated with entering into a covenant.

A covenant entered into under section 122 may be in perpetuity or for any term specified in the covenant document.

In the case of a covenant applying to any Māori freehold land, a covenant may be in perpetuity, but subject to a condition that, at intervals of not less than 25 years, the objectives, conditions, and continuation of the covenant be reviewed, with a power to terminate the covenant—

The Board must have regard to the manawhenua of the owner or lessee in a review under subsection (2).

For the duration of a covenant, the following provisions apply to the covenanted land, as far as they are applicable and with the necessary modifications, as if the land were part of Te Urewera:

Subsection (1) applies subject to the terms and conditions of the covenant.

Despite any other enactment or rule of law or equity, a covenant runs with the covenanted land and binds the land with the burden of the covenant.

A covenant is deemed to be an interest in land for the purposes of the Land Transfer Act 1952.

The Board, or a person authorised by the Board, must lodge the covenant for registration with the Registrar-General who must record on a computer register for the land a notation that the land is subject to a covenant under sections 122 to 124.

Subsection (3) is subject to the completion of a survey if the land to which the covenant applies is not already defined in accordance with rules made under section 49 of the Cadastral Survey Act 2002 or under any previous survey regulations.

The Ruakituri Wilderness Area established under the National Parks Act 1980 by notice published in the Gazette (2006, page 405) continues to be set apart and managed as a wilderness area under this Act as if it were gazetted under this Act.

Te Whāiti (being part of Te Urewera National Park) ceases to be a national park under the National Parks Act 1980.

Te Whāiti is declared to be a conservation area under the Conservation Act 1987 and becomes part of the Whirinaki Te Pua-a-Tāne Conservation Park, to be held and managed under that Act.

However, Te Whāiti continues to be protected as if it were part of a national park.

The status of Te Whāiti as a conservation area and part of the Whirinaki Te Pua-a-Tāne Conservation Park cannot be revoked except by an Act of Parliament.

In this section, Te Whāiti means the land identified on the plan labelled Te Whāiti in part 2.2 of the attachments, being 593.8760 hectares, more or less, being Sections 3, 7, and 8 Block V Ahikereru Survey District and Sections 6 and 7 Block VI Ahikereru Survey District. All Instrument S529245 (South Auckland District).

The part of Onepoto that is a national park (being part of Te Urewera National Park)—

The part of Onepoto that has a secondary use designation as a national park ceases to have that designation, but is declared by this section to have a secondary use designation as a conservation area.

The part of Onepoto referred to—

In this section and sections 130 to 135,—

The Ngāti Manawa Claims Settlement Act 2012 is consequentially amended in the manner shown in Schedule 5.

Tāwhiuau Maunga—

The fee simple estate in Tāwhiuau Maunga is vested in the name of Tangiharuru.

The land vested by subsection (2) must not be alienated, mortgaged, charged, or otherwise disposed of, other than by the grant of a lease or an easement by the Board under section 62(1).

Despite subsection (1), for management purposes Tāwhiuau Maunga is to be treated as if it were part of Te Urewera and subject to this Act.

A concession in the form of a lease, licence, or an easement over any part of the land vested by subsection (3) must not be granted without the written consent of the trustees of Te Rūnanga o Ngāti Manawa.

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

The interests referred to in subsection (1)(b)(i) include the Te Urewera easements referred to in paragraphs (a) and (b) of the definition of Te Urewera easements in section 88.

The computer freehold register required by subsection (1) must be created not later than 24 months after the settlement date.

Subsection (1) applies despite the Land Transfer Act 1952 or any other enactment or rule of law.

For the purposes of any registration matter relating to a concession granted by the Board under section 62(1), the Registrar-General may only register the interest if the document presented for registration is accompanied by the written consent of the trustees of Te Rūnanga o Ngāti Manawa.

The Registrar-General must have regard to section 132(1).

On and from the date when the fee simple estate in Tāwhiuau Maunga is registered in the name of Tangiharuru under section 131, the trustees of Te Rūnanga o Ngāti Manawa, except as otherwise provided in this Act,—

On and from the date of registration of Tāwhiuau Maunga, section 100 of the Ngāti Manawa Claims Settlement Act 2012 ceases to apply to Tāwhiuau Maunga.

This section applies to the following kinds of decisions made in relation to the Tāwhiuau area by the Board or Minister of Conservation:

In making a decision of a kind described in subsection (1), the Board or the Minister of Conservation, as appropriate, must—