Te Rarawa Claims Settlement Act 2015

If you need more information about this Act, please contact the administering agency: Ministry of Justice
  • Previous title has changed

Version as at 12 April 2022

Coat of Arms of New Zealand

Te Rarawa Claims Settlement Act 2015

Public Act
 
2015 No 79
Date of assent
 
22 September 2015
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

Contents

1Title
2Commencement
3Purpose
4Provisions to take effect on settlement date
5Act binds the Crown
6Outline
7Summary of historical account, acknowledgements, and apology
8Summary of historical account
9Acknowledgements
10Apology
11Interpretation of Act generally
12Interpretation
13Meaning of Te Rarawa
14Meaning of historical claims
15Settlement of historical claims final
16Amendment to Treaty of Waitangi Act 1975
17Certain enactments do not apply
18Resumptive memorials to be cancelled
19Limit on duration of trusts does not apply
20Access to deed of settlement
21Provisions of other Acts that have same effect
22Interpretation
23Hukatere site B
24Mangamuka Road property, Mangamuka
25Mangamuka Road property, Tūtekēhua
26Mapere
27Motukaraka site A
28Part former Awanui (Kaitaia) Riverbed
29Pukepoto School property
30Vesting and alternative description of Pukepoto School property in specified circumstances
31Rotokakahi property
32Tauroa Point site B
33Tauroa Point site C
34Te Oneroa a Tōhē–Clarke Road property
3512 Waiotehue Road
36Whangape property
37Whangape Road property
38Awanui River property
39Epakauri site A
40Epakauri site B
41Kaitaia Domain
42Rotokakahi War Memorial property
43Tauroa Point site A
44Tauroa Point site D
45Te Tāpairu Hirahira o Kahakaharoa
46Mai i Waikanae ki Waikoropūpūnoa
47Mai i Hukatere ki Waimahuru
48Mai i Ngāpae ki Waimoho
49Mai i Waimimiha ki Ngāpae
50Application of Crown forestry licence
51Lake Tangonge site A
52Lake Tangonge site B
53Motukaraka site B
54Tangonge property
55Properties vest subject to or together with interests
56Interests in land for certain reserve properties
57Interests that are not interests in land
58Vesting of share of fee simple estate in property
59Registration of ownership
60Application of Part 4A of Conservation Act 1987
61Matters to be recorded on computer freehold register
62Application of other enactments
63Names of Crown protected areas discontinued
64Management board for Te Tāpairu Hirahira o Kahakaharoa Historic Reserve
65Terms of appointment to management board
66Preparation, approval, and amendment of reserve management plan
67Procedures of management board
68Joint management body for Beach sites A, B, C, and D
69Application of other enactments to reserve properties
70Subsequent transfer of reserve land
71Transfer of reserve land to new administering body
72Transfer of reserve land to trustees of existing administering body if trustees change
73Reserve land not to be mortgaged
74Saving of bylaws, etc, in relation to reserve properties
75Interpretation
76Status of Central and South Conservation Areas and Ninety Mile Beach marginal strip
77Establishment and status of Board
78Purpose of Board
79Appointment of members of Board
80Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress
81Functions and powers of Board
82Power of Board to make requests to beach management agencies
83Criteria for appointment of commissioners
84Procedure for appointing hearing panel
85Obligation of Councils
86Obligation of Board
87Preparation and approval of beach management plan
88Purpose and contents of beach management plan
89Effect of beach management plan on RMA planning documents
90Effect of beach management plan on conservation documents
91Effect of beach management plan on local government decision making
92Application of other Acts to Board
93Interpretation
94Overview and background
95Establishment of Te Hiku o Te Ika Conservation Board
96Role and jurisdiction of Northland Conservation Board to cease
97Appointment of members of Conservation Board
98Interim participation of Ngāti Kahu on Conservation Board
99Northland CMS
100Status, effect, and certain contents of Te Hiku CMS
101Preliminary agreement
102Draft document to be prepared
103Notification of draft document
104Submissions
105Hearing
106Revision of draft document
107Submission of draft document to Conservation Authority
108Approval of Te Hiku CMS
109Effect of approval of Te Hiku CMS
110Review procedure
111Review in relation to Ngāti Kahu area of interest
112Amendment procedure
113Dispute resolution
114Mediation
115Effect of dispute process on prescribed time limits
116New Zealand Conservation Authority
117Minister of Conservation
118Acknowledgement of section 4 of Conservation Act 1987
119Customary materials plan
120Wāhi tapu framework
121Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
122Relationship agreement
123Interpretation
124Statutory acknowledgement by the Crown
125Purposes of statutory acknowledgement
126Relevant consent authorities to have regard to statutory acknowledgement
127Environment Court to have regard to statutory acknowledgement
128Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
129Recording statutory acknowledgement on statutory plans
130Provision of summary or notice to trustees
131Use of statutory acknowledgement
132Application of statutory acknowledgement to river or stream
133Exercise of powers and performance of functions and duties
134Rights not affected
135Amendment to Resource Management Act 1991
136Interpretation
137Issuing, amending, and cancelling protocols
138Protocols subject to rights, functions, and duties
139Enforcement of protocols
140Taonga tūturu protocol
141Fisheries protocol
142Interpretation
143Appointment of Te Rarawa fisheries advisory committee
144Appointment of joint fisheries advisory committee
145Interpretation
146Official geographic names
147Publication of official geographic names
148Subsequent alteration of official geographic names
149Transfer of Ōwhata land
150Interpretation
151Obligation to enter into Warawara Whenua Ngāhere i te Taiao
152Legal framework for Warawara Whenua Ngāhere i te Taiao
153Purpose of Warawara Whenua Ngāhere i te Taiao
154Scope of Warawara Whenua Ngāhere i te Taiao
155Other contents of Warawara Whenua Ngāhere i te Taiao
156Principles for decision making
157Principles for operating under Warawara Whenua Ngāhere i te Taiao
158Relationship with korowai
159Exercise of powers in certain circumstances
160Review and amendment
161Suspension
162Waiver of rights
163Interpretation
164The Crown may transfer properties
165Transfer of share of fee simple estate in property
166Minister of Conservation may grant easements
167Computer freehold registers for commercial redress properties and deferred selection properties that are not shared redress
168Computer freehold registers for shared commercial redress properties and deferred selection properties
169Computer freehold register for each of Peninsula Block and Takahue Block
170Authorised person may grant covenant for later creation of computer freehold register
171Application of other enactments
172Transfer of Kaitaia College and Haumanga Road properties
173Transfer of properties subject to lease
174Requirements if lease terminates or expires
175Peninsula Block and Takahue Block cease to be Crown forest land
176Relevant trustees are confirmed beneficiaries and licensors
177Effect of transfer of Peninsula Block and Takahue Block
178Licence splitting process must be completed
179Right of access to protected sites
180Right of access over Peninsula Block and Takahue Block
181Right of access to be recorded on computer freehold register
182Interpretation
183Meaning of RFR land
184Restrictions on disposal of RFR land
185Requirements for offer
186Expiry date of offer
187Withdrawal of offer
188Acceptance of offer
189Formation of contract
190Disposal to the Crown or Crown bodies
191Disposal of existing public works to local authorities
192Disposal of reserves to administering bodies
193Disposal in accordance with enactment or rule of law
194Disposal in accordance with legal or equitable obligations
195Disposal under certain legislation
196Disposal of land held for public works
197Disposal for reserve or conservation purposes
198Disposal for charitable purposes
199Disposal to tenants
200Disposal by Housing New Zealand Corporation
201RFR landowner’s obligations subject to other matters
202Notice to LINZ of RFR land with computer register after RFR date
203Notice to trustees of offer trusts of disposal of RFR land to others
204Notice to LINZ of land ceasing to be RFR land
205Notice requirements
206Right of first refusal recorded on computer registers for RFR land
207Removal of notifications when land to be transferred or vested
208Removal of notifications when RFR period ends
209Waiver and variation
210Disposal of Crown bodies not affected
211Assignment of rights and obligations under this subpart
212Interpretation
213Charitable trust dissolved
214Vesting of assets and liabilities
215Final annual report of Te Runanga
216Matters not affected by transfer
217Status of contracts and other instruments
218Status of existing securities
219Continuation of proceedings
220Books and documents to remain evidence
221Registers
222Liability of employees and agents
223Transfer of employees
224Protection of terms and conditions of employment
225Continuity of employment
226No compensation for technical redundancy
227Application
228Taxation in respect of transfer of assets and liabilities of Te Runanga
229Election by trustee to be Maori authority
230Taxation in respect of assets and liabilities of relevant subsidiaries
231Election by relevant subsidiary to be Maori authority
232Interpretation
233Recognition of new mandated iwi organisation
234Certain effects of recognition of new mandated iwi organisation
235Functions of Te Ohu Kai Moana Trustee Limited
Notes

The Parliament of New Zealand enacts as follows: