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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
Contents
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
The Parliament of New Zealand enacts as follows: