The purpose of this Act is to give effect to certain provisions of the Ō-Rākau deed relating to the Ō-Rākau site.

The provisions of this Act take effect on the vesting 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—

In this Act, unless the context otherwise requires,—

Ka whakatakoto tēnei wehenga i ngā whakamāramatanga o ētehi kupu Māori kua whakamahia i tēnei Ture, engari he kuputohu noa iho, ehara i te whakamāramatanga tukupū:

The following are English explanations of certain te reo Māori terms used in this Act, but they are merely a guide, not definitions:

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

This Act binds the Crown.

Ka whakatakoto tēnei wehenga i ngā whakamārama o te puka whakaaetanga e pā ana ki te pae o te riri o Ō-Rākau me tēnei Ture.

Ko te pakanga o Ō-Rākau tētehi o ngā pakanga tino hira rawa i te hītori o Aotearoa. Koia te pakanga matua whakamutunga o tā te Karauna urutomo ki a Waikato. I ngā tau 1860, ko Waikato te pou o te Kīngitanga, he rangatohe iwi maha e whai ana i te mutunga o ngā kakaritanga i waenga iwi, i te pupuru whenua, i te whakamanatanga o te reo Māori i ngā take whakahaere i ō rātou anō hapori.

He mea urutomo a Waikato e te Ope Taua o Piritene i te Hūrae 1863, ā, tae noa mai ki te mutunga o Pēpuere 1864 kua kōkiri atu ki Kihikihi i muri i ngā kakaritanga wawana. I te Māehe 1864 ka whakatau ngā kaihautū ki te hanga i tētehi pā i Ō-Rākau ki reira matatū ai.

Tōna 300 o ngā Māori nō Tainui waka me ētahi anō iwi, he hautoru o rātou he wāhine he tamariki, i tū ki Ō-Rākau nōna i tāwhawhe ai e tōna 1,400 hōia Piritene i te 31 o Māehe 1864. E toru rā te roa o te pakanga, me te whakatau tata i mate tata ki te haurua o rātou e noho ana i roto i te pā. I whakanau ērā e toe ana i te pā i te tono kia whakahauraro, ka pahiko ohorere atu, ā, i taua pahikotanga i hinga, i taotū rānei ētehi atu. E noho ana te māia i kitea i Ō-Rākau hei tohu mō te ātete Māori ki ngā mahi tika kore a te Karauna ko te hekenga ā-toto me te whakamōtī rawa te mutunga iho.

Kua whakaae te Karauna, i roto i te Whakaaetanga Whakataunga a Maniapoto, i te Whakaaetanga Whakataunga a Raukawa me te Whakaaetanga Whakataunga mō te Raupatu i Waikato, ko te raupatu—tae atu ki tana urutomo ki Waikato, ko te pakanga, te hekenga ā-toto me te raupatu whenua te mutunga iho—he tika kore, he takahi i te mana o te Tiriti o Waitangi/the Treaty of Waitangi me ana mātāpono.

Kāore anō ngā mahi hautoa me te whakawhere a ngā Māori i whawhai i Ō-Rākau kia whakamana tikahia i te pae o Ō-Rākau.

Mai rā anō i te tau 1864 e tautiakina ana te mōhiotanga me te tūhononga ki ngā mahi i te pakanga o Ō-Rākau e ētehi rōpū me ētehi tāngata. I te 2011 ka whakatūria The Battle of Ō-Rākau Heritage Society Inc, ki te arotahi ki te whakanui i te huritau 150 o taua pakanga me te whakaako i tana hītori ki ētehi atu hei ara whakahōnore i ngā mahi onamata me te whakatairanga i te whakareka me te māramatanga.

He mea hoko e te Karauna i te 2015 tētahi papanoho i te Rori o Arapuni, tērā i whakaarohia ko te pae o te pā o Ō-Rākau i tū ai te pakanga o Ō-Rākau. I hokona taua pae e te Karauna hei whakamana i te hiranga o te pae, me ngā mahi i taka i Ō-Rākau, ki te Māori me te Pākehā.

I te Noema 2017 ka tuhi reta te Karauna ki ētehi iwi e whakapuaki ana i te hiahia kia kōrerorerotia te anamata o taua pae. Nō te tōmuatanga o te 2018 kua whakawhanakehia e Maniapoto, Raukawa, me Waikato he marohi tuatahi mō te āhua e puritia ai te pae o te riri o Ō-Rākau hei whakanui i ērā katoa i whai pānga ki ngā mahi i taka i Ō-Rākau. I tukuna te marohi ki ngā rōpū whai hononga ki te pakanga o Ō-Rākau kia whiwhi whakahoki kōrero.

Kua tuhia e Maniapoto, Raukawa, me Waikato (e huihui tahi ana hei Ngā Ahi e Toru) me te Karauna ngā wāhi matua e whakaae tahi ai rātou mō te anamata o te pae o te riri o Ō-Rākau i roto i te puka whakaaetanga.

Kua whakaaehia e Ngā Ahi e Toru mā rātou e mahi mō ngā tūpuna e pā ana ki te pae o te riri o Ō-Rākau.

This section sets out the background to the Ō-Rākau deed and this Act.

The battle of Ō-Rākau was one of the most significant events in the history of Aotearoa/New Zealand and was the last major battle of the Crown’s invasion of Waikato. In the 1860s, Waikato was the centre of the Kīngitanga, a pan-tribal movement seeking the end of intertribal conflict, the retention of land, and Māori having a dominant voice in the governance of their own communities.

The British Army invaded Waikato in July 1863, and by the end of February 1864 soldiers had advanced to Kihikihi after much hard fighting. In March 1864, Māori leaders decided to construct a pā at Ō-Rākau where they would make a stand.

About 300 Māori from Tainui waka and other tribal groups, one-third of whom may have been women and children, were present at Ō-Rākau when it was encircled by some 1,400 British troops on 31 March 1864. The battle lasted for 3 days, and it has been estimated that about half the pā’s occupants were killed. Those remaining refused an offer to surrender and made a surprise escape, in the course of which they suffered additional casualties. The bravery shown at Ō-Rākau has become a symbol of Māori resistance in the face of the Crown’s unjust actions that caused loss of life and devastation of property.

The Crown has acknowledged, in the Maniapoto deed of settlement, the Raukawa deed of settlement, and the Waikato Raupatu deed of settlement, that raupatu—including its invasion of the Waikato, which led to war, loss of life, and confiscation of land—was unjust and a grievous breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

The courage and sacrifice of the Māori who fought at Ō-Rākau have never been sufficiently recognised at the Ō-Rākau site.

Since 1864, the knowledge of, and connection to, the events at the battle of Ō-Rākau have been maintained by a number of groups and individuals. In 2011, The Battle of Ō-Rākau Heritage Society Incorporated was established, with a focus on commemorating the 150th anniversary of the battle to educate others about this history, as a way to honour the past and promote healing and understanding.

In 2015, the Crown purchased a property on Arapuni Road, which is believed to contain the site of Ō-Rākau pā where the battle of Ō-Rākau occurred. The Crown purchased the property in recognition of the significance of the site, and the events at Ō-Rākau, to both Māori and Pākehā.

In November 2017, the Crown wrote to a number of iwi with a wish to discuss the future of the site. By early 2018, Maniapoto, Raukawa, and Waikato had developed an initial proposal for a way to hold the Ō-Rākau site that provided recognition for all those who had a connection to the events at Ō-Rākau. The proposal was provided to groups with a connection to the battle of Ō-Rākau for comment.

Maniapoto, Raukawa, and Waikato (coming together as Ngā Ahi e Toru) and the Crown have recorded key areas of agreement for the future of the Ō-Rākau site in the Ō-Rākau deed.

Ngā Ahi e Toru have agreed to act as kaitiaki on behalf of ngā tūpuna in relation to the Ō-Rākau site.

The fee simple estate in the Ō-Rākau site vests in the tūpuna listed in Schedule 2 as at the vesting date, and the registered owners of the Ō-Rākau site will accordingly be ngā tūpuna from time to time until any transfer under section 19.

This section applies despite—

The representatives of Ngā Ahi e Toru—

The Registrar-General and any other relevant person must have regard to this section.

This section applies after the record of title has been created for the Ō-Rākau site under section 15.

The representatives of Ngā Ahi e Toru may, at any time, jointly apply in writing to the Registrar-General to change ngā tūpuna (who are the registered owners of the Ō-Rākau site).

The application must specify 1 or more of the following:

On receipt of an application in accordance with this section and section 14, the Registrar-General must register the tūpuna, as changed under the application, as the owners of the fee simple estate in the Ō-Rākau site.

This section applies after the Registrar-General has registered a change of ngā tūpuna under section 12(4).

The representatives of Ngā Ahi e Toru may, at any time, jointly apply in writing to the Minister to update Schedule 2 to replicate the changes made to the record of title under section 12.

The application must include the following:

The Governor-General may, by Order in Council, made on the recommendation of the Minister, amend or replace Schedule 2 to replicate ngā tūpuna listed on the record of title.

The Minister must not make a recommendation under subsection (4) unless an application has been received in accordance with this section and section 14.

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

This section applies to—

An instrument or application is not required to individually name each tupuna registered on the record of title for the Ō-Rākau site but may refer collectively to ngā tūpuna.

For each representative of Ngā Ahi e Toru that executes the instrument or application,—

The Registrar-General, or the Minister as applicable, need not make any inquiries as to the persons who sign the instrument or application for each representative of Ngā Ahi e Toru.

The instrument or application must be accompanied by each notice given under section 18 that is still in effect.

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

Subsection (1) is subject to the completion of any survey necessary to create a record of title.

A record of title must be created under this section as soon as is reasonably practicable after the vesting date, but not later than—

Section 15 of the Land Transfer Act 2017 does not apply in relation to the Ō-Rākau site.

In this section, authorised person means a person authorised by the chief executive of Land Information New Zealand.

The vesting of the fee simple estate in the Ō-Rākau site under this Part 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.

The vesting of the fee simple estate in the Ō-Rākau site under this Part does not—

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

The representatives of Ngā Ahi e Toru, when acting in respect of the Ō-Rākau site in accordance with this Act, are not a trust constituted in respect of—

Nothing in Te Ture Whenua Maori Act 1993 applies to the Ō-Rākau site.

The Ō-Rākau site is non-rateable under the Local Government (Rating) Act 2002.

The Registrar-General must record on the record of title for the Ō-Rākau site—

A notation made under subsection (1)(a) 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.

A representative of Ngā Ahi e Toru (the existing entity) may assign its status as representative of Ngā Ahi e Toru to another entity (the new entity), including the trustees of a trust.

The existing entity must be satisfied that the new entity—

The existing entity must give notice to the other 2 representatives of Ngā Ahi e Toru.

The notice must—

The new entity is a representative of Ngā Ahi e Toru under this Act, in place of the existing entity, starting on the date specified in the notice given under this section.

The fee simple estate in the Ō-Rākau site may be transferred from ngā tūpuna only in accordance with this section.

The transfer instrument must state that, after the transfer, the land is not subject to sections 11, 12, 14, 16(4) to (6), 18, and 19.

On registration of the transfer,—