Taranaki Iwi Claims Settlement Act 2016

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Taranaki Iwi Claims Settlement Act 2016

Public Act		2016 No 95
Date of assent		5 December 2016
Commencement		see section 2

1	Title
2	Commencement
	Part 1 Preliminary matters, acknowledgements and apology, and settlement of historical claims
	Preliminary matters
3	Purpose
4	Provisions to take effect on settlement date
5	Act binds the Crown
6	Outline
	Summary of historical account, acknowledgements, and apology of the Crown
7	Summary of historical account, acknowledgements, and apology
8	Summary of historical account
9	Acknowledgements
10	Apology
	Interpretation provisions
11	Interpretation of Act generally
12	Interpretation
13	Meaning of Taranaki Iwi
14	Meaning of historical claims
	Historical claims settled and jurisdiction of courts, etc, removed
15	Settlement of historical claims final
	Amendment to Treaty of Waitangi Act 1975
16	Amendment to Treaty of Waitangi Act 1975
	Resumptive memorials no longer to apply
17	Certain enactments do not apply
18	Resumptive memorials to be cancelled
	Miscellaneous matters
19	Rule against perpetuities does not apply
20	Access to deed of settlement
21	Provisions that have same effect
	Part 2 Cultural redress
	Subpart 1—Protocols
22	Interpretation
	General provisions applying to protocols
23	Issuing, amending, and cancelling protocols
24	Protocols subject to rights, functions, and duties
25	Enforcement of protocols
	Conservation
26	Conservation protocol
	Fisheries
27	Fisheries protocol
	Taonga tūturu
28	Taonga tūturu protocol
	Subpart 2—Statutory acknowledgement and deeds of recognition
29	Interpretation
	Statutory acknowledgement
30	Statutory acknowledgement by the Crown
31	Purposes of statutory acknowledgement
32	Relevant consent authorities to have regard to statutory acknowledgement
33	Environment Court to have regard to statutory acknowledgement
34	Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
35	Recording statutory acknowledgement on statutory plans
36	Provision of summary or notice to trustees
37	Use of statutory acknowledgement
	Deeds of recognition
38	Issuing and amending deeds of recognition
	General provisions relating to statutory acknowledgement and deeds of recognition
39	Application of statutory acknowledgement and deed of recognition to river or stream
40	Exercise of powers and performance of functions and duties
41	Rights not affected
	Consequential amendment to Resource Management Act 1991
42	Amendment to Resource Management Act 1991
	Subpart 3—Official geographic names
43	Interpretation
44	Name changes for Crown protected areas
45	Obligations relating to names changed under section 44
	Subpart 4—Vesting of cultural redress properties
46	Interpretation
	Properties vested in fee simple
47	Arawhata property
48	Cape Egmont Lighthouse property
49	Cape Egmont site A
50	Kahui site A
51	Kahui site B
52	Opunake site A
53	Ōrimupiko / Headlands site A
54	Pungarehu property
55	Puniho property
56	Rahotu site A
57	Rahotu site B
58	Rahotu site C
59	Warea site A
60	Warea site B
	Properties vested in fee simple to be administered as reserves
61	Cape Egmont site B
62	Maitahi property
63	Manihi Road property
64	Ōākura Coast property
65	Ōāonui property
66	Okahu Stream property
67	Ōkato Coast property
68	Ōmata Stockade
69	Opunake site B
70	Ōrimupiko / Headlands site B
71	Sutton Road site A
72	Sutton Road site B
73	Tapuinīkau Pā
74	Tataraimaka Pā
75	Te Koru Pā
	Ngā Motu: properties held jointly in fee simple
76	Mataora (Round Rock), Motuotamatea (Snapper Rock), and Pararaki (Seagull Rock)
77	Motumahanga (Saddleback), Moturoa, Waikaranga (Seal Rocks), and Whareumu (Lion Rock)
78	Koruanga / Motukuku and Tokatapu
79	Shares in Ngā Motu properties transfer only after vesting in trustees of Te Kotahitanga o Te Atiawa Trust
	General provisions applying to cultural redress properties (other than Ngā Motu)
80	Properties vest subject to or together with interests
81	Interests that are not interests in land
82	Registration of ownership
83	Application of Part 4A of Conservation Act 1987
84	Matters to be recorded on computer freehold register
85	Application of other enactments
86	Names of Crown protected areas discontinued
	Further provisions applying to reserve properties
87	Application of other enactments to reserve properties
88	Subsequent transfer of reserve land
89	Transfer of reserve land to new administering body
90	Transfer of reserve land to trustees of existing administering body if trustees change
91	Reserve land not to be mortgaged
92	Saving of bylaws, etc, in relation to reserve properties
	General provisions applying to transfer of Ngā Motu
93	Registration of ownership of Ngā Motu
94	Transfer of Ngā Motu if trustees change
	Rua Taranaki title
95	Change of name of registered proprietor
96	Consequence of change of name of registered proprietor
	Subpart 5—Regional council representation
97	Interpretation
98	Purpose and objectives
99	Iwi representation on Council committee
100	Members to act in interests of committee
101	Change in committee structure
	Subpart 6—Post-settlement redress properties
102	Interpretation
103	Basis for transfer of post-settlement redress properties
104	Conditions of transfer of reserve properties
105	Computer freehold registers for post-settlement redress properties
106	Matter to be recorded on certain computer freehold registers
107	Application of other enactments
	Part 3 Commercial redress
108	Interpretation
	Subpart 1—Transfer of deferred selection properties
109	The Crown may transfer properties
110	Cape Egmont Conservation Area
111	Cape Recreation Reserve
112	Minister of Conservation may grant easements
113	Computer freehold registers for deferred selection properties
114	Authorised person may grant covenant for later creation of computer freehold register
115	Application of other enactments
116	Transfer of properties subject to lease
117	Requirements if lease terminates or expires
	Subpart 2—Right of first refusal over RFR land
	Interpretation
118	Interpretation
119	Meaning of RFR land, exclusive RFR land, non-exclusive RFR land, and shared RFR land
	Restrictions on disposal of RFR land
120	Restrictions on disposal of RFR land
	Trustees of offer trusts’ right of first refusal
121	Requirements for offer
122	Expiry date of offer
123	Withdrawal of offer
124	Acceptance of offer
125	Formation of contract
	Disposals to others but land remains RFR land
126	Disposal to the Crown or Crown bodies
127	Disposal of existing public works to local authorities
128	Disposal of reserves to administering bodies
	Disposals to others where land may cease to be RFR land
129	Disposal in accordance with obligations under enactment or rule of law
130	Disposal in accordance with legal or equitable obligations
131	Disposal under certain legislation
132	Disposal of land held for public works
133	Disposal for reserve or conservation purposes
134	Disposal for charitable purposes
135	Disposal to tenants
	RFR landowner obligations
136	RFR landowner’s obligations subject to other matters
	Notices about RFR land
137	Notice to LINZ of RFR land with computer register after settlement date
138	Notice to trustees of offer trusts of disposal of RFR land to others
139	Notice to LINZ of land ceasing to be RFR land
140	Notice to be given if disposal of non-exclusive or shared RFR land being considered
141	Notice requirements
	Right of first refusal recorded on computer registers
142	Right of first refusal to be recorded on computer registers for RFR land
143	Removal of notifications when land to be transferred or vested
144	Removal of notifications when RFR period ends
	General provisions applying to right of first refusal
145	Waiver and variation
146	Disposal of Crown bodies not affected
147	Assignment of rights and obligations under this subpart
	Part 4 Governance reorganisation and taxation provisions
148	Interpretation
	Subpart 1—Governance reorganisation
	Taranaki Iwi Trust
149	Dissolution of Taranaki Iwi Trust
150	Vesting of assets and liabilities of Taranaki Iwi Trust
	Taranaki Iwi Fisheries Limited
151	Assets and liabilities of relevant subsidiary
	Te Kāhui o Taranaki becomes mandated iwi organisation
152	Recognition of new mandated iwi organisation
153	Certain effects of recognition of new mandated iwi organisation
154	Functions of Te Ohu Kai Moana Trustee Limited
	General matters relating to reorganisation
155	Matters not affected by transfer
156	Status of existing instruments
157	Status of existing securities
158	Continuation of proceedings
159	Books and documents to remain evidence
160	Removal from register of charitable entities
161	Other registers
	Employees
162	Transfer of employees
163	Protection of terms and conditions of employment
164	Continuity of employment
165	No compensation for technical redundancy
166	Liability of employees and agents
	Final report
167	Final report of Taranaki Iwi Trust
	Subpart 2—Taxation provisions
168	Application and interpretation
	Taranaki Iwi Trust
169	Taxation in respect of transfer of assets and liabilities of Taranaki Iwi Trust
170	Election of trustees of Te Kāhui o Taranaki to become Māori authority
	Relevant subsidiary
171	Taxation in respect of assets and liabilities of relevant subsidiary
172	Election by relevant subsidiary to become Māori authority
	Schedule 1 Statutory areas
	Schedule 2 Cultural redress properties
	Schedule 3 Notices in relation to RFR land
	Legislative history
	Administrative information

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