In this subpart,—

Hukatere site A ceases to be Crown forest land under the Crown Forest Assets Act 1989.

The fee simple estate in Hukatere site A vests in the trustees.

The Kaimaumau Marae property ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in the Kaimaumau Marae property vests in the trustees.

The Waipapakauri Papakainga property ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in the Waipapakauri Papakainga property vests in the trustees.

Any part of Beach site A that is a conservation area under the Conservation Act 1987 ceases to be a conservation area under that Act.

Any part of Beach site A that is Crown forest land under the Crown Forest Assets Act 1989 ceases to be Crown forest land under that Act.

The fee simple estate in Beach site A vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:

Beach site A 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 is named Mai i Waikanae ki Waikoropūpūnoa Scenic Reserve.

The joint management body established by section 52 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.

Subsection (6) continues to apply despite any subsequent transfer under section 53.

Any part of Beach site B that is a conservation area under the Conservation Act 1987 ceases to be a conservation area under that Act.

Any part of Beach site B that is Crown forest land under the Crown Forest Assets Act 1989 ceases to be Crown forest land under that Act.

The fee simple estate in Beach site B vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:

Beach site B 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 is named Mai i Hukatere ki Waimahuru Scenic Reserve.

The joint management body established by section 52 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.

Subsection (6) continues to apply despite any subsequent transfer under section 53.

Any part of Beach site C that is a conservation area under the Conservation Act 1987 ceases to be a conservation area under that Act.

Any part of Beach site C that is Crown forest land under the Crown Forest Assets Act 1989 ceases to be Crown forest land under that Act.

The fee simple estate in Beach site C vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:

Beach site C 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 is named Mai i Ngāpae ki Waimoho Scenic Reserve.

The joint management body established by section 52 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.

Subsection (6) continues to apply despite any subsequent transfer under section 53.

Beach site D ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Beach site D vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:

Beach site D 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 is named Mai i Waimimiha ki Ngāpae Scenic Reserve.

The joint management body established by section 52 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.

Subsection (5) continues to apply despite any subsequent transfer under section 53.

Subsection (2) applies to each of Beach sites A, B, and C (Beach site) if the property is subject to a Crown forestry licence.

As long as a Crown forestry licence applies to a Beach site, the provisions of the licence prevail despite—

Subsection (4) applies to a Beach site if the property is no longer subject to a Crown forestry licence.

The owners of a Beach site may grant right of way easements over that site to the owners of the Peninsula Block in favour of the Peninsula Block.

Despite the provisions of the Reserves Act 1977, an easement granted under subsection (4)—

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 referred to in subsection (4).

The Waipapakauri Beach property ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in the Waipapakauri Beach property vests in the trustees.

The Waipapakauri Beach property 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 is named Waipapakauri Beach Scenic Reserve.

Subsections (1) to (4) do not take effect until the trustees have provided—

Despite the provisions of the Reserves Act 1977, each easement—

The Wharemaru / East Beach property ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in the Wharemaru / East Beach property vests in the trustees.

The Wharemaru / East Beach property 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 is named Wharemaru / East Beach Scenic Reserve.

Despite the trustees being the administering body of the Wharemaru / East Beach Scenic Reserve, the Minister of Conservation is—

Lake Tangonge site A ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Lake Tangonge site A vests as undivided half shares in the specified groups of trustees as tenants in common as follows:

Subsections (1) and (2) do not take effect until the trustees referred to in subsection (2) have jointly provided the Crown with a registrable covenant in relation to Lake Tangonge site A on the terms and conditions set out in part 6.1 of the documents schedule.

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

The fee simple estate in the Tangonge property vests as undivided half shares in the specified groups of trustees as tenants in common as follows:

Subsection (1) does not take effect until the trustees referred to in subsection (1) have jointly provided—

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

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

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

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

The reserve is named Bed of Lake Ngatu Recreation Reserve.

To avoid doubt, the vesting under subsection (2) does not give any rights to, or impose any obligations on, the trustees in relation to—

To the extent that the bed of Lake Ngatu has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.

The Crown stratum above the bed of Lake Ngatu continues to be a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The fee simple estate in Lake Katavich vests in the trustees.

Lake Katavich is not rateable under the Local Government (Rating) Act 2002, except under section 9 of that Act.

Section 41 sets out further matters applying to the vesting of Lake Katavich.

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

The fee simple estate in Lake Ngakapua vests in the trustees.

Lake Ngakapua is not rateable under the Local Government (Rating) Act 2002, except under section 9 of that Act.

Section 41 sets out further matters applying to the vesting of Lake Ngakapua.

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

The fee simple estate in Lake Rotokawau vests in the trustees.

Lake Rotokawau is not rateable under the Local Government (Rating) Act 2002, except under section 9 of that Act.

Section 41 sets out further matters applying to the vesting of Lake Rotokawau.

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

The fee simple estate in Lake Waiparera vests in the trustees.

Lake Waiparera is not rateable under the Local Government (Rating) Act 2002, except under section 9 of that Act.

Section 41 sets out further matters applying to the vesting of Lake Waiparera.

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

The vesting of a lake property by sections 37 to 40 does not limit or otherwise affect any lawful right of access to, or use of, Lake Katavich, Lake Ngakapua, Lake Rotokawau, or Lake Waiparera (a lake).

Members of the public may carry out any lawful recreational activities in or on a lake without interference by or on behalf of the trustees.

In this section, recreational activity—

The vesting of a lake property does not give the trustees any rights or impose any obligations in relation to—

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 1.

This section applies to each of Beach sites A, B, C, and D while the property has an administering body that is treated as if the property were vested in it.

This section applies to all or the part of the reserve property that remains a reserve under the Reserves Act 1977 (the reserve land).

If the reserve property is affected by an interest in land listed for the property in Schedule 1,—

For the purposes of registering any interest in land that affects the reserve land,—

Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 53.

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 1, 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.

The interest applies—

In sections 46 to 49, a reference to the vesting of a cultural redress property, or the vesting of the fee simple estate in a cultural redress property, includes the vesting of an undivided share of the fee simple estate in the property.

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

Subsection (3) applies to a cultural redress property (other than a jointly vested 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 (other than a jointly vested 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,—

For a jointly vested property (other than the Tangonge property), the Registrar-General must, in accordance with a written application by an authorised person,—

For the Tangonge property, the Registrar-General must, in accordance with a written application by an authorised person,—

Subsections (5), (6), and (7) are 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 not later than—

In this section, authorised person means a person authorised by—

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 a reserve property.

Part 4A of the Conservation Act 1987 does not apply to the vesting of—

If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property.

Subsections (2) and (4) do not limit subsection (1).

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

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

For a reserve property (other than a jointly vested property), if the reservation of the property under this subpart is revoked for—

For a jointly vested reserve property, if the reservation of the property under this subpart is revoked for—

The Registrar-General must comply with an application received in accordance with subsection (3)(a) or (4)(a), as relevant.

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—

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 trustees are the administering body of a reserve property, except as provided for in sections 26 to 29.

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.

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.

A reserve property must not have a name assigned to it or have its name changed 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 name.

A joint management body is established for Beach sites A, B, C, and D.

The following are appointers for the purposes of this section:

Each appointer may appoint 2 members to the joint management body.

A member is appointed only if the appointer gives written notice with the following details to the other appointers:

An appointment ends after 5 years or when the appointer replaces the member by making another appointment.

A member may be appointed, reappointed, or discharged at the discretion of the appointer.

Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a board appointed under section 30 of that Act.

However, the first meeting of the body must be held not later than 2 months after the settlement date.

Section 41 of the Reserves Act 1977 (which requires the preparation and approval of a management plan) does not apply to the joint management body in respect of Beach sites A, B, C, and D.

A failure of an appointer to comply with subsection (4) does not invalidate the establishment of the joint management body or its actions or decisions.

This section applies to 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.

The fee simple estate in the reserve land in a jointly vested property may be transferred only in accordance with section 55.

The fee simple estate in the reserve land in any other property may be transferred only in accordance with section 54 or 55.

In this section and sections 54 to 56, reserve land means the land that remains a reserve as described in subsection (1).

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, on 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.

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

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.

In this subpart and Schedule 2,—

Any part of the Central and South Conservation Areas and Ninety Mile Beach Marginal Strip that is situated below the mark of mean high-water springs—

The Te Oneroa-a-Tohe Board is established as a statutory body.

Despite Schedule 7 of the Local Government Act 2002, the Board—

Despite the membership of the Board provided for by section 62, the Board is a joint committee of the Councils for the purposes of clause 30(1)(b) of Schedule 7 of the Local Government Act 2002.

Each member of the Board must—

Part 1 of Schedule 2 sets out provisions relating to the members and procedures of the Board.

The purpose of the Board is to provide governance and direction to all those who have a role in, or responsibility for, the Te Oneroa-a-Tohe management area, in order to protect and enhance environmental, economic, social, cultural, and spiritual well-being within that area for the benefit of present and future generations.

The Board consists of 8 members appointed as follows:

If the Minister gives notice under section 63(4) that Ngāti Kahu will participate in the Te Oneroa-a-Tohe redress on an interim basis, the Board consists of 10 members, appointed as follows:

An iwi appointer must be satisfied, before making an appointment, that the person appointed has the mana, skills, knowledge, and experience to—

The Councils (and, if relevant, the Community Board) must be satisfied, before making an appointment, that each person they appoint has the skills, knowledge, and experience to—

If the person appointed by the Community Board is not an elected member of that board, the person must have sufficient standing in the community to enable that person to meet the requirements of subsection (4).

Appointers must, when making any appointments after the initial appointments, have regard to the skills, knowledge, and experience of the existing members to ensure that collectively the membership of the Board reflects a balanced mix of the skills, knowledge, and experience relevant to the purpose of the Board.

Members of the Board, other than those appointed by a Council, are not also members of a Council by virtue of their membership of the Board.

On the settlement date, the Minister must give written notice to the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one), inviting Ngāti Kahu to participate in Te Oneroa-a-Tohe redress under this subpart on an interim basis.

The notice must specify the conditions—

The mandated representatives of Ngāti Kahu (or their governance entity if there is one) must, within 30 working days of receiving notice under subsection (1), give written notice to the Minister as to whether Ngāti Kahu elects to participate in the Te Oneroa-a-Tohe redress on an interim basis.

If the Minister is satisfied that Ngāti Kahu meets the conditions specified under subsection (2), the Minister must give written notice, stating the date on and from which Ngāti Kahu will participate in the Te Oneroa-a-Tohe redress on an interim basis, to—

If Ngāti Kahu breach the specified conditions, the Minister may give notice in writing to revoke the interim participation of Ngāti Kahu, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)—

The interim participation of Ngāti Kahu ceases on the settlement date specified in the settlement legislation for Ngāti Kahu.

In this section, Minister means the Minister for Treaty of Waitangi Negotiations.

The primary function of the Board is to achieve the purpose of the Board.

In achieving the purpose of the Board, the Board must operate in a manner that—

In addition to the primary function of the Board, its other functions are—

The Board may determine, in any particular circumstance,—

The Board has the powers reasonably necessary to carry out its functions in a manner that is consistent with—

The Board may make a reasonable request in writing to a relevant beach management agency for the provision of—

The Board must—

If it is reasonably practicable to do so, a beach management agency that receives a request from the Board must—

In addition, the Board may request any other person or entity to—

Te Hiku o Te Ika iwi and the Councils must—

The duties under subsection (1) must be completed not later than the settlement date.

The Board must keep the list of commissioners under review and up to date.

If a Council intends to appoint a panel to hear and determine a resource consent application that relates to the Te Oneroa-a-Tohe management area, the Council concerned must give notice in writing to the Board of that intention.

Not later than 15 working days after the notice is received, the members of the Board appointed by the iwi appointers under section 62 or 63 must appoint up to half of the members of the panel from the list of commissioners compiled under section 66(1)(b).

The members of the Board appointed by the Council to which the resource consent application is made must appoint—

The Board may, by notice in writing to the Council concerned, waive its rights to make appointments under subsection (2) or (3).

If the members of the Board appointed by the iwi appointers have not appointed commissioners as required by subsection (2), the Council concerned must, from the same list of commissioners, appoint commissioners who would otherwise have been appointed under subsection (2).

Each Council must provide to the Board copies or summaries of resource consent applications that each receives and that relate—

The Board must provide guidelines to the Councils as to the information that is required under section 68, including—

The Board must prepare and approve a beach management plan as required by section 64(3)(a) in accordance with the requirements set out in Part 2 of Schedule 2.

However, a subcommittee of the Board must prepare and approve the part of the beach management plan that relates to Beach sites A, B, C, and D.

The members of the Board appointed by the iwi appointers and referred to in section 62(1)(a) to (d) are the members of the subcommittee.

The purpose of the beach management plan is to—

The part of the beach management plan that relates to Beach sites A, B, C, and D—

The beach management plan may include any other matters that the Board considers relevant to the purposes of the beach management plan.

Each time a Council prepares, reviews, varies, or changes an RMA planning document relating to the whole or a part of the Te Oneroa-a-Tohe management area, the Council must recognise and provide for the vision, objectives, and desired outcomes identified in the beach management plan under section 71(1)(a).

When a Council is determining an application for a resource consent that relates to the Te Oneroa-a-Tohe management area, the Council must have regard to the beach management plan until the obligation under subsection (1) is complied with.

The obligations under this section apply only to the extent that—

This section does not limit the provisions of Part 5 and Schedule 1 of the Resource Management Act 1991.

Each time a conservation management strategy relating to the whole or a part of the Te Oneroa-a-Tohe management area is prepared under subpart 3, the Director-General and Te Hiku o Te Ika iwi must have particular regard to the vision, objectives, and desired outcomes identified in the beach management plan under section 71(1)(a).

The person or body responsible for preparing, approving, reviewing, or amending a conservation management plan under Part 3A of the Conservation Act 1987 must have particular regard to the vision, objectives, and desired outcomes identified in the beach management plan until the obligation under subsection (1) is complied with.

The obligations under this section apply only to the extent that—

This section does not limit the provisions of Part 3A of the Conservation Act 1987.

The Councils must take the beach management plan into account when making decisions under the Local Government Act 2002, to the extent that the beach management plan is relevant to the local government issues in the Te Oneroa-a-Tohe management area.

To the extent that they are relevant to the purpose and functions of the Board under this Act, the provisions of the following Acts apply to the Board, with the necessary modifications, unless otherwise provided in this subpart or Schedule 2:

Clause 31(1) of Schedule 7 of the Local Government Act 2002 applies only to the members of the Board appointed by the Councils.

Clauses 23(3)(b), 24, 26(3) and (4), 27, 30(2), (3), (5), and (7), and 31(2) and (6) of Schedule 7 of the Local Government Act 2002 do not apply to the Board.

Clauses 19, 20, and 22 of Schedule 7 of the Local Government Act 2002 apply to the Board subject to—

To the extent that the rest of Schedule 7 of the Local Government Act 2002 is applicable, it applies to the Board subject to all references to—

In this subpart and Schedule 3,—

The provisions of this subpart, Schedule 3, and part 7 of the deed of settlement provide the framework for the korowai redress, consisting of the following elements:

Ngāti Kuri, Te Aupouri, NgāiTakoto, Te Rarawa, and the Crown are committed under the korowai to establishing, maintaining, and strengthening their positive, co-operative, and enduring relationships, guided by the following principles:

Relationship principles

Conservation principles

Te Hiku o Te Ika Conservation Board is established, and is to be treated as established, under section 6L(1) of the Conservation Act 1987.

On and from the settlement date, the Conservation Board established by this section—

In this subpart, the Conservation Act 1987 applies to the Conservation Board unless, and to the extent that, clause 2 of Schedule 3 provides otherwise.

On and from the settlement date, the Northland Conservation Board set up under Part 2A of the Conservation Act 1987 ceases to have jurisdiction within or over the korowai area.

Te Hiku o Te Ika Conservation Board consists of—

If the Ministers give notice under section 81(3) that Ngāti Kahu will participate in the korowai redress on an interim basis, as provided for by section 81, the Conservation Board consists of 10 members, appointed as follows:

Further provisions concerning the Conservation Board are set out in Part 1 of Schedule 3.

On the settlement date, the Minister for Treaty of Waitangi Negotiations and the Minister of Conservation (the Ministers) must give written notice to the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one) inviting Ngāti Kahu to participate on the Conservation Board under this subpart on an interim basis.

The notice must specify the conditions—

If the Ministers are satisfied that Ngāti Kahu have met the specified conditions, they must give written notice stating the date on and from which Ngāti Kahu will participate on the Conservation Board on an interim basis to—

If Ngāti Kahu breach the specified conditions, the Ministers may give notice in writing to revoke the interim participation of Ngāti Kahu on the Conservation Board, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)—

The interim participation of Ngāti Kahu on the Conservation Board ceases on the settlement date specified in the settlement legislation for Ngāti Kahu.

In this section, Ngāti Kahu area of interest means the area described in—

The Northland CMS consists of—

The Te Hiku CMS—

Sections 17E(8), 17F, 17H, and 17I of the Conservation Act 1987 do not apply to the preparation, approval, review, or amendment of the Te Hiku CMS, but in all other respects the provisions of the Conservation Act 1987 apply to the Te Hiku CMS.

The Te Hiku CMS must—

Before the parties commence preparation of a draft Te Hiku CMS, they must develop a plan.

The plan must set out—

Not later than 12 months after the settlement date, the parties must commence preparation of a draft document in consultation with—

The parties may agree a later date to commence preparing the draft document.

In addition to the matters prescribed for a conservation management strategy by section 17D of the Conservation Act 1987, the draft document must include the matters prescribed by section 83(3).

As soon as practicable after the date on which preparation of the draft document commences under section 85, but not later than 12 months after that date, the Director-General must—

The notice must—

The draft document must continue to be available for public inspection after the date it is notified, at the places and times specified in the notice, to encourage public participation in the development of the draft document.

The parties may, after consulting the Conservation Board, seek views on the draft document from any person or organisation that they consider to be appropriate.

Any person may, before the date specified in the notice given under section 86(2)(b), lodge a submission on the draft document with the Director-General, stating whether the submitter wishes to be heard in support of the submission.

The Director-General must provide a copy of any submission to Te Hiku o Te Ika iwi within 5 working days of receiving the submission.

Persons wishing to be heard must be given a reasonable opportunity to appear before a meeting of representatives of—

The representatives referred to in subsection (1) may hear any other person or organisation whose views on the draft document were sought under section 86(4).

The hearing of submissions must be concluded not later than 2 months after the date specified in the notice given under section 87(2)(b).

After the conclusion of the hearing, Te Hiku o Te Ika iwi and the Director-General must jointly prepare a summary of the submissions on the draft document and any other views on it made known to them under section 86(4).

The parties must, after considering the submissions heard and other views received under section 86(4),—

After considering the draft document and the summary of submissions provided under section 89, the Conservation Board—

The Conservation Board must provide the draft document to the Conservation Authority not later than 6 months after the draft document was provided to the Conservation Board, unless the Minister directs a later date.

The Conservation Authority—

After considering the draft document and that information, the Conservation Authority must—

Te Hiku o Te Ika iwi and the Minister jointly must—

The Conservation Authority, after having regard to any recommendations, must—

On and from the day that the draft document is approved under section 91,—

The parties may initiate a review of the whole or a part of the Te Hiku CMS at any time, after consulting the Conservation Board.

Every review must be carried out in accordance with the process set out in sections 84 to 91, with the necessary modifications, as if those provisions related to the review procedure.

The parties must commence a review of the whole of the Te Hiku CMS not later than 10 years after the date of its initial or most recent approval under section 91 (whichever is the later), unless the Minister, after consulting the Conservation Authority and Te Hiku o Te Ika iwi, extends the period within which the review must be commenced.

If the Ngāti Kahu area of interest is not covered by the Te Hiku CMS, a review may be commenced under section 93 to provide for the Te Hiku CMS to cover the Ngāti Kahu area of interest.

Subsection (1) applies only with the agreement of the Ngāti Kahu governance entity.

If, as a result of a review conducted under subsection (1), the Te Hiku CMS is extended to include the Ngāti Kahu area of interest,—

Subsection (3) applies on and from the date on which the Te Hiku CMS, as reviewed under subsection (1), is approved.

A review carried out under this section must be carried out in accordance with the process set out in sections 84 to 91, with the necessary modifications, as if those provisions related to the review procedure.

At any time the parties may, after consulting the Conservation Board, initiate amendments to the whole or a part of the Te Hiku CMS.

Unless subsection (3) or (4) applies, amendments must be made in accordance with the process set out in sections 84 to 91, with the necessary modifications, as if those provisions related to the amendment procedure.

If the parties consider that the proposed amendments would not materially affect the policies, objectives, or outcomes of the Te Hiku CMS or the public interest in the relevant conservation matters,—

However, if the purpose of the proposed amendments is to ensure the accuracy of the information in the Te Hiku CMS required by section 17D(7) of the Conservation Act 1987 (which requires the identification and description of all protected areas within the boundaries of the conservation management strategy managed by the Department of Conservation), the parties may amend the Te Hiku CMS without following the process prescribed under subsection (2) or (3).

The Director-General must notify any amendments made under subsection (4) to the Conservation Board without delay.

If the parties are not able, within a reasonable time, to resolve a dispute arising at any stage in the process of preparing, approving, or amending the Te Hiku CMS under sections 84 to 95, either party may—

Within 15 working days of the date of the notice given under subsection (1), a representative of the Director-General with responsibilities within the area covered by the Te Hiku CMS must meet in good faith with 1 or more representatives of Te Hiku o Te Ika iwi to seek a means to resolve the dispute.

If that meeting does not achieve a resolution within 20 working days of the notice being given under subsection (1), the Director-General and 1 or more representatives of Te Hiku o Te Ika iwi must meet in good faith to seek a means to resolve the dispute.

If the dispute has not been resolved within 30 working days of the notice being given under subsection (1), the Minister and 1 or more representatives of Te Hiku o Te Ika iwi must, if they agree, meet in good faith to seek to resolve the dispute.

Subsection (4) applies only if the dispute is a matter of significance to both parties.

A resolution reached under this section is valid only to the extent that it is not inconsistent with the legal obligations of the parties.

If resolution is not reached within a reasonable time under section 96, either party may require the dispute to be referred to mediation by giving written notice to the other party.

The parties must seek to agree to appoint 1 or more persons who are to conduct a mediation or, if agreement is not reached within 15 working days of the notice being given under subsection (1), the party that gave notice must make a written request to the President of the New Zealand Law Society to appoint a mediator to assist the parties to reach a settlement of the dispute.

A mediator appointed under subsection (2)—

The parties must—

If, at any stage in the process of preparing, approving, or amending the Te Hiku CMS, notice is given under section 96(1),—

Each year, the Director-General must provide Te Hiku o Te Ika iwi with the annual schedule of meetings of the Conservation Authority.

If Te Hiku o Te Ika iwi wish to discuss a matter of national importance about conservation land or resources in the korowai area, they may make a request to address a scheduled meeting of the Conservation Authority.

A request must—

The Conservation Authority must respond to any request not later than 10 working days before the date of the scheduled meeting, stating that Te Hiku o Te Ika iwi may attend that scheduled meeting or a subsequent scheduled meeting.

The Minister of Conservation or the Associate Minister of Conservation must meet annually with the leaders of Te Hiku o Te Ika iwi to discuss the progress of the korowai in expressing the relationship between the Crown and Te Hiku o Te Ika iwi on conservation matters in the korowai area.

The place and date of the meeting must be agreed between the Office of the Minister of Conservation and the contact person nominated by Te Hiku o Te Ika iwi.

Prior to the date of the annual meeting, Te Hiku o Te Ika iwi must—

The persons who are entitled to attend the annual meeting are—

When a decision relating to the korowai area must be made under the conservation legislation that applies in the korowai area, the decision maker must,—

The parties must jointly prepare and agree a customary materials plan that covers—

The first customary materials plan must be agreed not later than the settlement date.

Part 3 of Schedule 3 provides for the contents of the customary materials plan and the process by which it is to be prepared.

The parties must work together to develop a wāhi tapu framework for the management of wāhi tapu including, if appropriate, management by the mana whenua hapū and iwi associated with the wāhi tapu.

Part 4 of Schedule 3 provides for the contents of the framework and the process by which it is to be prepared.

Part 5 of Schedule 3 provides for decision making concerning Te Rerenga Wairua Reserve if, under the conservation legislation, certain processes are commenced or applications are received that relate to Te Rerenga Wairua Reserve.

Not later than the settlement date, the Director-General and Te Hiku o Te Ika iwi must enter into a relationship agreement on the terms and conditions set out in Appendix 2 to part 6 of the deed of settlement.

In this subpart,—

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

The only purposes of the statutory acknowledgement are—

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.

This section applies to an application 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.