The purpose of this Act is—

• (a) to give effect to certain provisions of the deed of settlement, which is a deed to settle the historical claims of Ngati Porou, dated 22 December 2010 and signed by—

  • (i) the Honourable Christopher Finlayson, the Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William English, the Minister of Finance, on behalf of the Crown; and

  • (ii) the following signatories:

    • (A) as the mandated negotiators, Rei Mokena Kohere, Apirana Tuahae Mahuika, Natana Maukau Ihaka, Linda Tuhiwai Smith, Selwyn Tanetoa Parata, Koroumatai Kody Pewhairangi, Jock Edward Walker, Robert McLeod, Whaimutu Kent Dewes, and Matanuku Mahuika; and

    • (B) as the directors of Te Runanganui o Ngati Porou Trustee Limited, Natana Maukau Ihaka, Rei Mokena Kohere, Apirana Tuahae Mahuika, Selwyn Tanetoa Parata, Koroumatai Kody Pewhairangi, Linda Tuhiwai Smith, and Jock Edward Walker; and

    • (C) Apirana Tuahae Mahuika, Monty Soutar, and Selwyn Tanetoa Parata, on behalf of Te Runanga o Ngati Porou, to indicate their support for the settlement; and

• (b) to record in English and te reo Maori the acknowledgements and apology offered to Ngati Porou by the Crown in the deed of settlement.

This Act binds the Crown.

(1) This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.

(2) This Part—

• (a) sets out the purpose of this Act, records the acknowledgements and apology given by the Crown to Ngati Porou in the deed of settlement, and specifies that the Act binds the Crown; and

• (b) defines terms used in this Act, including key terms such as Ngati Porou and historical claims; and

• (c) provides that the settlement of the historical claims is final; and

• (d) provides for—

  • (i) the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and

  • (ii) consequential amendments to the Treaty of Waitangi Act 1975; and

  • (iii) the effect of the settlement on certain memorials; and

  • (iv) the exclusion of the law against perpetuities, the timing of actions or matters provided for in this Act, and access to the deed of settlement.

(3) Part 2 provides for cultural redress, including,—

• (a) in subparts 1 to 3, cultural redress for which vesting of land is not required; and

• (b) in subparts 4 and 5, the properties that are vested as cultural redress properties and provisions relevant to the vesting of those properties.

(4) Part 3 provides for commercial redress, including,—

• (a) in subparts 1 to 4, provisions to facilitate the transfer of commercial redress properties and deferred selection properties, licensed land, and unlicensed land; and

• (b) in subpart 5, provisions for the RFR redress.

(5) Part 4 sets out transitional and miscellaneous matters, including,—

• (a) in subpart 1,—

  • (i) making provision for the reorganisation of the governance arrangements of Ngati Porou by the dissolution of Te Runanga and the Porou Ariki Trust; and

  • (ii) the transfer of the assets and liabilities of Te Runanga to the trustee, Te Runanganui o Ngati Porou Trustee Limited; and

  • (iii) provisions recognising the status of the trustee under the Maori Fisheries Act 2004 and other matters related the recognition of the trustee as the mandated iwi organisation for Ngati Porou; and

• (b) in subpart 2, transitional taxation arrangements relevant to the reorganisation referred to in paragraph (a)(i) and (ii); and

• (c) in subpart 3, the repeal, revocations, and consequential amendments required.

(6) There are 4 schedules, which set out matters as follows:

• (a) in Part 1 of Schedule 1, nga hapu o Ngati Porou and in Part 2 of that schedule, the claims to the Waitangi Tribunal that are within the meaning of Ngati Porou historical claims:

• (b) in Schedule 2, the statutory areas to which statutory acknowledgements apply:

• (c) in Schedule 3, the cultural redress properties that are vested in the trustee of Te Runanganui o Ngati Porou:

• (d) in Schedule 4, the requirements for giving notice in relation to the RFR land.

(1) Sections 7 and 8 record in English and in te reo Maori the acknowledgements of, and the apology offered to Ngati Porou by, the Crown in the deed of settlement.

(2) The acknowledgements and apology are to be read in conjunction with the account of the historical relations between Ngati Porou and the Crown, recorded in Part 3 of the deed of settlement.

(1) The Crown acknowledges that, as a Treaty partner, Ngati Porou has fulfilled its obligations under the Treaty of Waitangi.

(2) The Crown also acknowledges the significant contribution that Ngati Porou, its rangatira, whanau and hapu have made to New Zealand including military service in many parts of the world, as well as to the economy, education, farming, politics, culture, arts, public service and business.

(3) The Crown acknowledges that, despite Ngati Porou fulfilling its Treaty obligations, the Crown has breached the Treaty of Waitangi and its principles in a number of respects. The Crown also acknowledges that, despite Ngati Porou's significant contribution to New Zealand, it has failed to address the longstanding grievances of Ngati Porou in an appropriate manner, and that recognition of Ngati Porou grievances is long overdue.

(4) The Crown acknowledges that some Ngati Porou today are aggrieved at the role of the Crown in the fighting on the East Coast in 1865.

(5) The Crown acknowledges that the detention without trial of some Ngati Porou who suffered in harsh conditions on the Chatham Islands for more than 2 years between 1866 and 1868 was an injustice and a breach of the Treaty of Waitangi and its principles.

(6) The Crown acknowledges that—

• (a) it did not consult Ngati Porou about the introduction of the native land laws; and

• (b) the resulting individualisation of land tenure was inconsistent with Ngati Porou tikanga; and

• (c) some key Crown goals in introducing these laws were to make Ngati Porou land available for European settlement, and eventually to detribalise Ngati Porou and assimilate them to European culture; and

• (d) the individualisation of land tenure made Ngati Porou land more susceptible to alienation, and quickly had a severe impact on Ngati Porou as nearly two thirds of their land had its title individualised between 1874 and 1886; and

• (e) the individualisation of land tenure also made Ngati Porou land susceptible to fragmentation and partition, making it difficult for Ngati Porou to access the benefits of the modern economy; and

• (f) it refused to provide a means for the collective administration of Ngati Porou land in the native land legislation until 1894 and this was a breach of the Treaty of Waitangi and its principles.

(7) The Crown acknowledges that it promoted legislation that had the effect of allowing the sale of several Ngati Porou blocks to be completed despite these transactions having failed to comply with all the requirements of the native land laws that governed the alienation of Maori land at the time the transactions were entered into.

(8) The Crown acknowledges that—

• (a) it required Ngati Porou to engage with the Native Land Court if they wanted to participate in the modern economy; and

• (b) the Court’s processes could be expensive, disruptive, and were inconsistent with Ngati Porou tikanga; and that Ngati Porou had to sell some land to meet the costs of surveys that were part of this process.

(9) The Crown acknowledges that its land purchase agents sometimes opened negotiations to purchase Ngati Porou land without adequately identifying and consulting with all the owners.

(10) The Crown acknowledges that—

• (a) it failed to exercise its monopoly powers in a reasonable manner when it purchased blocks such as Tapatu and Waitangirua and caused Ngati Porou to lose opportunities to lease these blocks; and

• (b) this misuse of its monopoly powers breached the Treaty of Waitangi and its principles.

(11) The Crown acknowledges that it failed to provide for Ngati Porou beneficial owners to be involved in the development of policy for the administration of their land vested in the East Coast Trust once it became clear that this Trust would have a long term existence, and that this was a breach of the Treaty of Waitangi and its principles.

(12) The Crown acknowledges that it did not allow Ngati Porou to select any of the members of the Tairawhiti Maori Land Board. The Crown also acknowledges that the compulsory vesting of more than 35 000 acres of Ngati Porou land in this Board between 1906 and 1909 was a breach of the Treaty of Waitangi and its principles.

(13) The Crown acknowledges that its failure to seek consent from the landowners before establishing a township at Te Puia under the Native Townships Act 1895 was a breach of the Treaty of Waitangi and its principles.

(14) The Crown acknowledges that the Native Townships Act 1895 allowed the Crown to take ownership of roads and public reserves in the townships without paying compensation to the owners.

(15) The Crown acknowledges that—

• (a) it established Waipiro township closer to Te Puia than the 10 miles prescribed by the native townships legislation as the minimum distance required between townships; and

• (b) it was slow to distribute rents collected on some native townships on the East Coast; and

• (c) it did not fully comply with the valuation provisions of the native land laws when purchasing Te Puia township; and

• (d) it converted a number of fixed-term leases at Tuatini, Waipiro and Te Araroa to perpetual leases despite Ngati Porou’s strong opposition.

(16) The Crown acknowledges that—

• (a) it compulsorily acquired Ngati Porou land for public purposes on more than 2 000 occasions; and

• (b) some land was taken for roads without compensation; and

• (c) Ngati Porou lost some land of great importance in public works takings; and

• (d) the Crown's public works takings are a significant grievance for Ngati Porou.

(17) The Crown acknowledges that—

• (a) its administration of development schemes deprived Ngati Porou of effective control of large areas of their land for many years; and

• (b) the Crown charged the costs of development schemes against the land for which they were incurred; and

• (c) the return of land to Ngati Porou control was frequently delayed by the need to reduce the large debts which had accumulated against development scheme land to manageable levels; and

• (d) some of the land returned to Ngati Porou from development schemes was returned carrying debt; and

• (e) the development schemes did not achieve the outcomes that Ngati Porou were led to expect, and it was difficult for Ngati Porou to farm profitably some of the land returned to them.

(18) The Crown acknowledges that—

• (a) the consolidation schemes carried out by the Crown of what were deemed to be “uneconomic interests” sometimes resulted in Ngati Porou losing their interests in land to which they had customary connections, and acquiring interests in land to which they had none; and

• (b) the consolidation schemes did not stop the process of fragmentation that continued as each successive generation died; and

• (c) owners in some blocks had their interests amalgamated into larger blocks for inclusion in development schemes against their wishes; and

• (d) no provision was made at the time of amalgamation for the owners of contributing blocks subsequently to withdraw their land.

(19) The Crown acknowledges that the compulsory acquisition of uneconomic interests in Maori land between 1953 and 1974 by the Maori Trustee deprived many Ngati Porou of their turangawaewae.

(20) The Crown acknowledges the special relationship Ngati Porou have with the Waiapu River and that, in attempting to provide for the effective administration of the East Coast’s natural resources, it vested control of that river in the Poverty Bay Catchment Board without consulting Ngati Porou.

(21) The Crown acknowledges that deforestation in the late nineteenth and early twentieth centuries fuelled significant acceleration of erosion and flooding that has had a devastating impact on Ngati Porou rohe wide. It also acknowledges that the measures it adopted to address this problem failed effectively to resolve it.

(22) The Crown acknowledges that its nationalisation of petroleum resources in New Zealand in 1937 caused a great sense of grievance within Ngati Porou that is still held today.

(23) The Crown acknowledges the significant harm Ngati Porou children suffered by being punished for speaking their own language in Crown-established schools for many decades. It also acknowledges that the education system historically had low expectations for Maori academic achievement, and that the educational achievements of students in East Coast schools have lagged well behind those of other New Zealand children.

(24) The Crown acknowledges that its policies contributed to most Ngati Porou now living outside their rohe, and Ngati Porou living on the East Coast have endured social deprivation for too long.

(25) The Crown acknowledges that the health of Ngati Porou living on the East Coast has been worse than that of many other New Zealanders, and they have not had the same opportunities in life that many other New Zealanders have enjoyed.

(1) Kua tau te whakaae a Te Karauna, ko a ia nei te “Treaty Partner” o Ngati Porou, kua tutuki ke i a Ngati Porou ana taunaha i raro i te Tiriti o Waitangi.

(2) Kua whakaae Te Karauna he tino tokomaha rawa atu nga painga kua tutuki i a Ngati Porou, me ona rangatira, whanau, hapu mo Niu Tireni. Ko tetahi atu painga kei nga roopu hoia kei nga topito o te ao. Ka kitea era atu painga kei nga take whakatipu rawa, kei nga kaupapa o te matauranga, kei nga mahi ahuwhenua, kei nga whakahaere torangapu, kei nga tikanga toi, kei nga tari kawana, me nga mahi pakihi hoki.

(3) E whakaae ana Te Karauna kua tutuki ke i a Ngati Porou ana taunaha i raro i te Tiriti o Waitangi, me nga kaupapa o Te Tiriti. E tautoko ana hoki Te Karauna, ahakoa te tini o nga painga kua puta i a Ngati Porou mo Niu Tireni, e noho hapa ana Te Karauna, ki te waihanga kaupapa tika ma reira nei e whakaora ake nga mamae, kua roa ke nei e pehi kino ana ki runga o Ngati Porou. Otiia, kare ke he kaupapa a Te Karauna mo enei ahuatanga, ahakoa noa, kua roa ke a ia e matatau ana ki nga mamaetanga nei.

(4) Kua mohio Te Karauna kei te noho pouri tonu etahi o Ngati Porou, mo te wahanga a Te Karauna i roto i nga pakanga i te Rawhiti i te tau 1865.

(5) Kua tautoko hoki Te Karauna mo ana he, i tana mauheretanga o etahi tangata no Ngati Porou, kare rawa i whakawatia, i mua i to ratau mauheretanga i Te Wharekauri, ki reira noho whakamamae mai ai ki tera whenua pakeke mai i te tau 1866 ki te tau 1868. Na enei mahi he a Te Karauna i takatakahi i Te Tiriti o Waitangi me nga kaupapa o Te Tiriti o Waitangi.

(6) Kua tautoko hoki Te Karauna—

• (a) kare a ia i korerorero ki a Ngati Porou i te tuatahi, i mua i te whakamanatanga o nga Ture Whenua Maori:

• (b) kare he mana o nga whakatapatahitanga o nga taitara whenua, i raro i nga tikanga whenua a Ngati Porou:

• (c) ko etahi o nga hiahia a Te Karauna mo enei ture, hei whakawatea i nga whenua o Ngati Porou mo nga Pakeha e haere mai ana ki konei noho ai, a, ko tetahi tikanga ano mo enei ture he turaki i te tu a iwi a Ngati Porou, a, ma tenei ka ngawari te whakahanumi i a ratau i raro i te ia o nga tikanga a te Pakeha:

• (d) ka whakatapatahitia te taitara whenua ka ngawari noa te muru i nga whenua o Ngati Porou. Tere rawa atu te panga mai o nga ture nei ki a Ngati Porou, a, mai i te tau 1874 ki te tau 1886, neke atu i te 66 paiheneti o nga whenua o Ngati Porou i taka ki raro i te ture whakatapatahi i nga taitara whenua:

• (e) ka tapatahitia te taitara ki nga whenua, ka tokomaha ke atu nga tangata o ia whenua, a ka mama hoki nga kaupapa patihana i nga whenua. Na konei i uaua ai nga huarahi ki a Ngati Porou mo nga painga mai i o ratau whenua, tera ka puta i nga kaupapa whakatipu rawa:

• (f) i takatakahia e Te Karauna te Tiriti o Waitangi me nga kaupapa o Te Tiriti, no te mea kare ke he ahuatanga i roto i nga Ture Whenua Maori a Te Karauna e ahei ai a Ngati Porou ki te whakahaere whakatoopu i o ratau whenua. No te tau 1894 katahi ano ka whakamanatia he ture e pa ana ki nga whakahaere whakatoopu nei.

(7) E whakaae ana Te Karauna, nana tonu i whakahau ki a waihangatia nga ture ma reira nei e whakamana te hoko o etahi o nga whenua o Ngati Porou, ahakoa noa kare he mana o enei whakahaere i raro i nga ture whenua Maori, ara te ture whakamana i nga take raupatu i whakahaeretia ana i taua wa.

(8) Kei te whakaae hoki Te Karauna nana i kii—

• (a) mehemea e hiahia ana a Ngati ki te whakauru atu ki nga mahi whakatipu rawa i wenei ra, me mahi tahi ratau i raro i nga take whakahaere o Te Kooti Whenua Maori; a

• (b) he tino nui hoki te utu mo nga whakahaere a nga Kooti a, he mahi tauwehewehe hoki aua kaupapa, a, kare ke he whanaungatanga o nga whakahaere nei, me nga kaupapa nei, ki nga tikanga ake a Ngati Porou. Na te tino nui o te utu mo enei whakahaere, me enei kaupapa i hoko ai a Ngati Porou i wetahi o o ratau whenua hei utu i nga mahi ruri whenua.

(9) He wa na ka panui whanuitia e nga kaihoko a Te Karauna a ratau kaupapa mo te hoko i nga whenua o Ngati Porou. Ko te raruraru ke o enei o a ratau whakahaere, kare nga kaihoko a Te Karauna e marama ana ko wai nga mea tika hei korerotanga atu ma ratau mo a ratau kaupapa hoko whenua.

(10) Ka whakaae hoki Te Karauna—

• (a) kei te tautoko hoki Te Karauna, i tino hapa ana whakamahi i ana mana huhua, no te mea kare, i tika tana whakamana i aua mana e pa ana ki te hokotanga mai o Tapatu me Waitangirua, a, na enei ahuatanga i aukati te tango riihi a Ngati Porou ki enei whenua:

• (b) na te hapa, me te he o nga mahi a Te Karauna i takatakahi Te Tiriti o Waitangi me nga kaupapa hoki o Te Tiriti.

(11) I takatakahia e Te Karauna Te Tiriti o Waitangi me nga kaupapa o te Tiriti, no te mea i mahi he Te Karauna, ina hoki kare ke he wahanga i tukua atu ki te iwi kaenga hei whakarite i nga kaupapa whakahaere mo o ratau whenua i tukua atu ra ki nga whakahaere a te East Coast Trust, ahakoa noa e mohio ana Te Karauna, ka noho roa enei whakahaere ki nga ringa o te Trust.

(12) E tautoko ana Te Karauna i takatakahia e a ia Te Tiriti o Waitangi me nga kaupapa o Te Tiriti no te mea kare i whakaingoatia e a ia he tangata no Ngati Porou hei mema mo Te Tairawhiti Maori Land Board. E whakaae ana ano hoki Te Karauna neke atu i te 35000 eka nga whenua o Ngati Porou i taka ki raro o tenei Poari i waenganui o nga tau 1906 me 1909.

(13) E tautoko ana Te Karauna i takatakahia e a ia Te Tiriti o Waitangi me nga kaupapa o Te Tiriti no to mea kare a ia i kimi i te whakaaetanga a te hunga no ratau aua whenua i mua i te whakamanatanga o te “township” o Te Puia i raro i te Native Townships Act 1895.

(14) E kii ana Te Karauna ko tana mana ki nga rori, ki nga whenua i rahuitia mo nga tangata katoa mo te kore utu, a, me te kore tuku utu kopaheina ranei ki te iwi kaenga, kei raro i te mana o te Ture Native Townships Act 1895. Heoi, na enei mahi a Te Karauna, i takatakahi Te Tiriti o Waitangi me nga kaupapa o Te Tiriti.

(15) Kei te whakaae Te Karauna—

• (a) nana i whakatu te Waipiro township kia tu tata ki te township o Te Puia, i runga ano o te mohio kare ke tenei whakahau i noho tika ana i raro i te ture o nga Maori townships no te mea, e noho marama ana te ture me te kau maero te tawhiti o ia township i tetahi atu:

• (b) he tino poturi hoki te kaupapa tohatoha i nga moni reti i utua mai e nga township Maori o Te Rawhiti:

• (c) kare Te Karauna i whai i nga wariu tika i whakaritea e te Ture Whenua Maori, i tana hokonga mai i te township o Te Puia:

• (d) na Te Karauna i whakarereke nga riihi kua tau ke mo Tuatini me Te Araroa, hei riihi mo ake tonu atu, ahakoa noa te pakari o nga whakahe a Ngati Porou.

(16) E whakaae ana Te Karauna—

• (a) neke atu i te rua mano nga kaupapa muru a Te Karauna i nga whenua o Ngati Porou mo te katoa te take:

• (b) ko wetahi o nga muru, hei mahi rori, engari kare ke te hunga no ratau nga whenua i utua mo o ratau whenua i murua ra e Te Karauna:

• (c) ko wetahi tonu o nga tino whenua o Ngati Porou i murua mo te katoa te take:

• (d) ko wetahi o nga tino nawe a Ngati Porou ki Te Karauna, kei nga mahi muru whenua a Te Karauna.

(17) E tautoko ana Te Karauna—

• (a) na nga kaupapa whakahaere a Te Karauna i enei whenua, i aukati, te mana whakahaere o Ngati Porou, ki o ratau panga whenua tino kaita rawa atu mo nga tau tokomaha rawa atu:

• (b) ko nga nama ahuwhenua i uhia atu e Te Karauna ki ia whenua kei raro i tenei whakahaere:

• (c) i tomuri ai te whakahoki atu o nga whenua nei ki a Ngati Porou, na te hiahia o Te Karauna ki a heke iho te kaita o nga nama kei nga whenua nei, kia ngawari ai nga whakahaere o nga whenua nei, a:

• (d) i whakahokia atu etahi o nga whenua nei ki a Ngati Porou me nga nama e mau tonu ana:

• (e) na Te Karauna i whakapuaki nga hua ka puta i nga momo ahuwhenua nei, engari, kare i mana nga korero a Te Karauna, a, kare hoki i ea nga tumanako o Ngati Porou. Heoi he mahi tino uaua rawa atu ma Ngati Porou ki te whakatipu rawa i nga paamu kua whakahokia mai nei ki a ratau.

(18) Consolidation schemes and amalgamations (Whakatopu me te Whakamoana)—

• (a) he kaupapa muru whenua nga whakahaere whakatopu a Te Karauna e pa ana, ki nga “uneconomic interests” no te mea, ka murua nga panga whenua tipu o te tangata, i heke mai ra i ona tipuna, a, katahi ka whakanohoa te tangata ki nga whenua, kare nei ona take tipuna ki aua whenua:

• (b) kare e taea e nga take whakatopu nei te arai atu i te whakuruuru mai a nga uri tokomaha ki roto ki nga whenua nei, a, ka mau tonu tenei ahuatanga mai i tena whakatipuranga ki tetahi atu whakatipuranga:

• (c) ahakoa te whakahe a te iwi no ratau nga panga whenua kaita pera me nga “development schemes” ra, ka haere tonu nga mahi whakamoana taitara a Te Karauna:

• (d) kare he kaupapa i whakaritea i raro i nga take whakamoana nei, mo te hunga e hiahia ana ki te whakaputa mai i o ratau whenua i waho o nga whenua whakamoana.

(19) E whakaae ana Te Karauna na ana kaupapa muru i nga “uneconomic interests” i raro i te mana o Te Maori Trustee mai i te tau 1953 ki te tau 1973 i kore turangawaewae ai nga hunga tokomaha rawa atu o Ngati Porou.

(20) E whakaae ana Te Karauna he tino nui rawa atu te piri pono o Ngati Porou ki te awa o Waiapu, engari i roto i nga whiringa a Te Karauna hei a wai nga mahi whakahaere i nga rawa o nga whenua o te Rawhiti, ka tukua atu e Te Karauna te mana ki te Poverty Bay Catchment Board, engari kore rawa tetahi kupu kotahi nei a Ngati Porou mo wenei whakaritenga.

(21) E whakaae ana ano hoki Te Karauna, na nga mahi turaki i nga ngahere i nga tau whakamutunga o te 20th Century i whakatere te horo haere o nga whenua, a, me nga waipuke hoki i pa ki roto o Ngati Porou. He tino kino rawa atu te panga o enei ahuatanga ki nga rohenga whanui o Ngati Porou. Ka whakaae ano hoki Te Karauna, kare he painga o nga whakahaere i whakaritea e ratau hei whakaora i nga horohoro e pa nei ki te whenua me nga waipuke e whakaruke nei i te rohe.

(22) Kei te tautoko Te Karauna, na tana waihanga he ture i te tau 1937 ki te whakamana hei a ia tuturu te mana mo nga hinu kei Niu Tirena i tino mamae ai a Ngati Porou mo tenei mahi a Te Karauna a, e mau tonu ana te mamae i te ra nei.

(23) E tautoko ana Te Karauna i te nui o nga kino kua heipu ki nga tamariki o Ngati Porou no te mea i whiua ratau mo nga tau tokomaha rawa atu ki te korero i to ratau ake reo ki roto ki nga kura o Te Karauna. Ko tetahi atu take, ko te iti o te whakapono tera ka taea e te Maori nga taumata o te matauranga, no te mea, kei muri rawa atu nga taumata o te matauranga o nga tamariki kei nga kura o te Rawhiti i era atu o nga tamariki o Niu Tireni.

(24) E tautoko ana ano hoki Te Karauna ko ana kaupapa tetahi o nga take i noho marara ai te nuinga o Ngati Porou ki waho ake i to ratau rohe a, na nga kaupapa ano nei hoki i noho whakamomori ai a Ngati Porou no te mea kare nga awhina-a-iwi i puta ngawari mai ki a ratau.

(25) E tautoko ana hoki Te Karauna he kino rawa atu nga oranga tinana o nga Ngati Porou e noho mai ra i te Rawhiti, i nga oranga tinana o te nuinga atu o nga tangata o Niu Tireni, a, kare hoki te orite nga painga i te puta ki a ratau, pera me nga painga e kaiponohia mai ra e era atu o nga tangata o Niu Tireni.

(1) The Crown profoundly regrets that over the generations it has failed to respect Ngati Porou rangatiratanga, and has breached the Treaty of Waitangi in the manner described in the acknowledgements.

(2) The Crown unreservedly apologises for not having honoured its obligations to Ngati Porou under the Treaty of Waitangi.

(3) The Crown seeks to atone for its wrongs with this settlement. It hopes to build, improve, and strengthen its relationship with Ngati Porou based on respect for the Treaty of Waitangi and its principles.

(1) Kei te tu pouri Te Karauna mona kare i whakanui i te rangatiratanga o Ngati Porou. He ahuatanga tenei i heipu mai ia whakatipuranga, ki ia whakatipuranga. Heoi he tika nga whakapae kua korerotia ake nei i te pukapuka nei e kii ana, i takatakahia e Te Karauna Te Tiriti o Waitangi.

(2) Kei te manawapa rawa atu Te Karauna mona kare i whakahonore tika i ana kaupapa ki a Ngati Porou, i raro i nga kaupapa o Te Tiriti o Waitangi.

(3) Ko te hiahia o Te Karauna ko te whakatika i ona he, i raro i te whakaaetanga-a-pukapuka ki a Ngati Porou, a, i whakaritea tenei pukapapuka tenei i raro i Te Tiriti o Waitangi me nga kaupapa o Te Tiriti o Waitangi.

It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.

In this Act, unless the context otherwise requires,—

• (a) rights to occupy land; and

• (b) rights in relation to the use of land or other natural or physical resources

(1) In this Act, Ngati Porou refers to nga uri o nga whanau hapu o Ngati Porou mai i Potikirua ki te Toka a Taiau, and—

• (a) means—

  • (i) the collective composed of individuals who descend from 1 or more Ngati Porou tipuna; and

  • (ii) every whanau or hapu to the extent that it comprises individuals referred to in subparagraph (i); and

• (b) includes the following groups:

  • (i) nga hapu o Ngati Porou; and

  • (ii) every individual referred to in paragraph (a)(i) and (ii).

(2) In this section, nga hapu o Ngati Porou means the hapu listed in Part 1 of Schedule 1.

(3) In this section and section 12, Ngati Porou tipuna means an individual who exercised customary rights within the Ngati Porou area of interest on or after 6 February 1840 by virtue of being descended from—

• (a) Porourangi (also known as Porou Ariki te Mataratara-a-whare te Tuhimareikura-a-Rauru); or

• (b) a recognised ancestor of any of nga hapu o Ngati Porou, including Hauiti, Hinekehu, Hinemaurea, Hinerupe, Hunaara, Irakaiputahi, Konohi, Mahaki-ewe-karoro, Materoa, Rakai-a-tane, Ruataupare, Ruawaipu, Taiau, Takimoana, Tawhipare, Te Aotaihi, Te Aotaki, Te Ataakura, Tuere, Tuwhakairiora, Uepohatu, and Umuariki.

(4) For the purposes of subsections (1)(a) and (3)(a), a person is descended from another person if the person descends from the other by—

• (a) birth:

• (b) legal adoption.

(1) In this Act, historical claims—

• (a) means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the settlement date) that Ngati Porou or a representative entity had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—

  • (i) is founded on, a right arising—

    • (A) from the Treaty of Waitangi or its principles; or

    • (B) under legislation; or

    • (C) at common law (including aboriginal title or customary law); or

    • (D) from a fiduciary duty; or

    • (E) otherwise; and

  • (ii) arises from, or relates to, acts or omissions before 21 September 1992—

    • (A) by, or on behalf of, the Crown; or

    • (B) by or under legislation; and

• (b) includes every claim to the Waitangi Tribunal to which paragraph (a) applies that relates exclusively to Ngati Porou or a representative entity, including every claim listed in clause 2(1) of Part 2 of Schedule 1; and

• (c) includes every other claim to the Waitangi Tribunal to which paragraph (a) applies, to the extent that the claim relates to Ngati Porou or a representative entity, including the claims listed in clause 2(2) of Part 2 of Schedule 1.

(2) However, historical claims does not include any claim that—

• (a) a member of Ngati Porou, or a whanau, hapu, or group referred to in section 11 may have that is founded on a right arising as a result of being descended from a Ngati Porou tipuna who is not referred to in section 11(3); or

• (b) a representative entity may have to the extent that the claim is, or is based on, a claim referred to in paragraph (a).

(3) To avoid doubt, subsection (1) is not limited by subsection (2).

(1) The historical claims are settled.

(2) The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.

(3) Subsections (1) and (2) do not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.

(4) Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—

• (a) the historical claims; or

• (b) the deed of settlement; or

• (c) this Act; or

• (d) the redress provided under the deed of settlement or this Act.

(5) Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act.

(1) This section amends the Treaty of Waitangi Act 1975.

(2) Schedule 3 is amended by inserting the following item in its appropriate alphabetical order: “Ngati Porou Claims Settlement Act 2011, section 13(4) and (5)”.

(1) Nothing in the enactments listed in subsection (2) applies—

• (a) to a settlement property (other than a deferred selection property); or

• (b) to a deferred selection property, but only on and from the actual deferred selection settlement date for that property; or

• (c) for the benefit of Ngati Porou or a representative entity.

(2) The enactments are—

• (a) sections 8A to 8HJ of the Treaty of Waitangi Act 1975:

• (b) sections 27A to 27C of the State-Owned Enterprises Act 1986:

• (c) sections 211 to 213 of the Education Act 1989:

• (d) Part 3 of the Crown Forest Assets Act 1989:

• (e) Part 3 of the New Zealand Railways Corporation Restructuring Act 1990.

(3) To avoid doubt, those enactments continue to apply to a deferred selection property if—

• (a) the trustee does not elect to acquire the property under the property redress schedule; or

• (b) the agreement in Part 5 of the property redress schedule is cancelled.

(1) The chief executive of LINZ must issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—

• (a) all or part of a settlement property; and

• (b) contained in a certificate of title or computer register that has a memorial entered under any enactment referred to in section 15(2).

(2) The chief executive of LINZ must issue a certificate under subsection (1) as soon as is reasonably practicable after—

• (a) the settlement date, for a settlement property other than a deferred selection property; or

• (b) the actual deferred selection settlement date, for a deferred selection property.

(3) Each certificate must state that it is issued under this section.

(4) The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1),—

• (a) register the certificate against each certificate of title or computer register identified in the certificate; and

• (b) cancel, in respect of each allotment identified in the certificate, each memorial that is entered (in accordance with any enactment referred to in section 15(2)) on a certificate of title or computer register identified in the certificate.

(1) The rule against perpetuities and the provisions of the Perpetuities Act 1964—

• (a) do not prescribe or restrict the period during which—

  • (i) Te Runanganui o Ngati Porou may exist in law; or

  • (ii) the trustee in its capacity as trustee may hold or deal with property or income derived from property; and

• (b) do not apply to a document entered into in order to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.

(2) However, if Te Runanganui o Ngati Porou is, or becomes, a charitable trust, the application (if any) of the rule against perpetuities or any provision of the Perpetuities Act 1964 to that trust must be determined under the general law.

(1) Actions or matters occurring under this Act occur or take effect on and from the settlement date.

(2) However, if a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on and from that other date.

The chief executive of the Ministry of Justice must make copies of the deed of settlement available—

• (a) for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any business day; and

• (b) free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.

In this subpart, unless the context otherwise requires,—

The Crown acknowledges the cultural significance to Ngati Porou of nga Paanga Whenua o Ngati Porou as the ancestral lands over which Ngati Porou exercises mana in accordance with Ngati Porou tikanga.

Nga Whakahaere Takirua must be prepared, as a separate part of the conservation management strategy,—

• (a) in accordance with the process set out in this subpart; and

• (b) for the conservation lands.

(1) Nga Whakahaere Takirua is a conservation management strategy for the purposes of section 17D of the Conservation Act 1987 and has the same effect as if it were a conservation management strategy prepared and approved under that Act.

(2) Sections 17F, 17H, and 17I of that Act do not apply to the preparation, approval, review, or amendment of nga Whakahaere Takirua required by section 23, but in all other respects the provisions of the Conservation Act 1987 apply to nga Whakahaere Takirua.

Before the parties commence preparation of a draft nga Whakahaere Takirua, they must seek to reach preliminary agreement on—

• (a) the principal matters to be addressed in the draft document; and

• (b) the manner in which those matters are to be addressed; and

• (c) the practical steps that the parties will take in preparing and seeking approval of the draft document, as required by sections 30 and 31.

(1) Not later than 12 months after the settlement date, the parties must commence preparation of a draft nga Whakahaere Takirua in consultation with—

• (a) the Conservation Board; and

• (b) any other persons or organisations that the parties agree are appropriate.

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

(1) Not later than 6 months after the date when preparation of the draft nga Whakahaere Takirua commences under section 26, the Director-General must—

• (a) notify the draft document in accordance with section 49(1) of the Conservation Act 1987 as if the Director-General were the Minister for the purposes of that section; and

• (b) give notice of the draft document to the relevant local authorities.

(1A) The notices given under subsection (1) must—

• (a) state that the draft document is available for inspection at the places and times specified in the notice; and

• (b) invite submissions from the public, to be lodged with the Director-General before the date specified in the notice, which must be at least 40 business days after the date of the notice.

(2) 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, with publicity to encourage public participation in the development of the draft document.

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

(1) Submissions on the draft nga Whakahaere Takirua may be made to the Director-General, stating whether the submitters wish to be heard in support of their submissions.

(2) The Director-General must provide copies of any submissions to the trustee within 5 business days of receiving the submission.

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

• (a) both parties; and

• (b) the Conservation Board.

(4) The parties and the Conservation Board may hear any other person or organisation whose views on the draft document were sought under section 27(3).

(5) The hearing of submissions must be concluded not later than 2 months after the date specified in the notice given under section 27(1)(b)(ii).

(6) The parties must jointly prepare a summary of the submissions on the draft document and any other views on it made known to the parties under section 27(3).

The parties must, after considering the submissions heard and other views received under section 28(4),—

• (a) revise the draft nga Whakahaere Takirua, as they consider appropriate; and

• (b) not later than 4 months after the hearing of submissions is concluded, provide to the Conservation Board—

  • (i) the draft document as revised; and

  • (ii) the summary of submissions prepared under section 28(6).

(1) After considering the draft nga Whakahaere Takirua and the summary of submissions received under section 29, the Conservation Board—

• (a) may request the parties to further revise the draft document; and

• (b) must submit to the Conservation Authority, for its approval, the draft document, together with—

  • (i) a written statement on any matters that the parties and the Conservation Board are not able to agree; and

  • (ii) a copy of the summary of the submissions provided to the board under section 29.

(2) The Conservation Board must provide the draft document to the Conservation Authority not later than 5 months after the draft document was provided to the board, unless a later date is directed by the Minister.

(1) The Conservation Authority—

• (a) must consider the draft nga Whakahaere Takirua and any relevant information provided under section 30(1)(b); and

• (b) may consult with any person or organisation that it considers appropriate, including—

  • (i) the parties; and

  • (ii) the Conservation Board.

(2) After considering the draft document and any relevant information provided under subsection (1)(a), the Conservation Authority must—

• (a) make any amendments to the draft document that it considers necessary; and

• (b) provide the draft document and other relevant information to the Minister and the trustee.

(3) The Minister and trustee jointly must—

• (a) consider the draft document; and

• (b) if either or both of them consider further revision is necessary, return the draft document to the Conservation Authority with written recommendations for change.

(4) The Conservation Authority, after having regard to any recommendations received under subsection (3), must either—

• (a) approve the draft document; or

• (b) return it to the Minister and trustee for further consideration in accordance with subsection (3)(b), with any new information that the Authority wishes them to consider, before the draft document is approved.

(1) At any time, the parties may, after consulting with the Conservation Board, initiate a review of nga Whakahaere Takirua as a whole or in part.

(2) A review must be carried out in accordance with the process set out in sections 25 to 31 as if those provisions related to the review procedure.

(3) The parties must commence a review of the whole of nga Whakahaere Takirua under this subpart not later than 10 years after the date of its approval, unless the Minister, after consulting with the Conservation Authority and the trustee, extends the period within which the review must be commenced.

(1) At any time the parties may, after consulting with the Conservation Board, initiate amendments to the whole or a part of nga Whakahaere Takirua.

(2) Unless subsection (3) or (4) applies, amendments must be made in accordance with the process set out in sections 25 to 31 as if those provisions related to the amendment procedure.

(3) If the parties consider that the proposed amendments would not materially affect the policies, objectives, or outcomes of nga Whakahaere Takirua or the public interest in respect of the relevant conservation land,—

• (a) the parties must send the proposed amendments to the Conservation Board; and

• (b) the Conservation Board must deal with them in accordance with sections 30 and 31, as if those provisions related to the amendment procedure.

(4) If the purpose of the proposed amendments is to ensure the accuracy of the information in nga Whakahaere Takirua 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 nga Whakahaere Takirua without following the process prescribed under subsection (2).

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

(1) Sections 35 and 36 apply to any dispute arising between the trustee and delegates of the Director-General at any stage in the process for preparing and approving nga Whakahaere Takirua.

(2) If, at any stage in that process, a party refers a dispute for resolution, the calculation of any prescribed period of time is stopped until the dispute is resolved and the parties resume the process at the point where it was interrupted.

(1) If, at any stage in the process referred to in section 34, the parties are not able to resolve a dispute within a reasonable time, either party may—

• (a) give written notice to the other of the issues in dispute; and

• (b) require the process under this section and section 36 to be followed.

(2) Within 15 business days of the date of the notice given under subsection (1), a local representative of the Department of Conservation and a representative of Te Runanganui must meet in good faith to seek a means to resolve the dispute.

(3) If that meeting does not result in a resolution within 20 business days after the date of the notice, the Director-General and the chief executive of Te Runanganui must meet in good faith to seek a means to resolve the dispute.

(4) The Minister and the chairperson of the trustee must, if the parties agree, meet in good faith to seek to resolve the dispute if—

• (a) the dispute has not been resolved within 30 business days after the date of the notice; and

• (b) the dispute is a matter of significance to both parties.

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

(1) If resolution is not reached within a reasonable time under section 35(4) (or under section 35(3), if section 35(4) does not apply), either party may require the dispute to be referred to mediation by giving written notice to the other party.

(2) The parties must seek to agree on 1 or more persons to conduct a mediation or, if agreement is not reached within 15 business days of the notice given under subsection (1), the person who gave notice must notify the President of the New Zealand Law Society in writing, requesting the appointment of a mediator to assist the parties to reach a settlement of the dispute.

(3) A mediator appointed under this section—

• (a) must be familiar with Ngati Porou tikanga; and

• (b) must be familiar with dispute resolution that is tikanga-based; and

• (c) must be independent of the dispute; and

• (d) does not have the power to determine the dispute, but may give non-binding advice.

(4) The parties must participate in good faith in the mediation.

(5) The parties to the dispute must—

• (a) share the costs of a mediator appointed under this section and related expenses equally; but

• (b) in all other respects, meet their own costs and expenses in relation to the mediation.

(1) Subsection (2) applies if Ngati Porou prepares, and the trustee approves, a plan that relates to conservation or natural resources within the Ngati Porou area of interest, including matters such as the vision, aspirations, objectives, and policies of Ngati Porou for the area of interest, or in relation to its spiritual, historical, and cultural beliefs.

(2) The New Zealand Conservation Authority, the Conservation Board, and the Director-General must have regard to the plan, to the extent that it is relevant, particularly when—

• (a) considering nga Whakahaere Takirua for approval under this subpart; and

• (b) carrying out functions under or relating to nga Whakahaere Takirua.

(1) Each responsible Minister may—

• (a) issue a protocol to the trustee in the form set out in the documents schedule; and

• (b) amend or cancel that protocol.

(2) A protocol may be amended or cancelled under subsection (1) at the initiative of either—

• (a) the trustee; or

• (b) the responsible Minister.

(3) The responsible Minister may amend or cancel a protocol only after consulting with, and having particular regard to the views of, the trustee.

Protocols do not restrict—

• (a) the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and government policy, which includes (without limitation) the ability to—

  • (i) introduce legislation and change government policy; and

  • (ii) interact or consult with a person the Crown considers appropriate, including (without limitation) any iwi, hapu, marae, whanau, or other representative of tangata whenua; or

• (b) the responsibilities of a responsible Minister or a responsible department; or

• (c) the legal rights of the trustee or a representative entity.

(1) The Crown must comply with a protocol while it is in force.

(2) If the Crown fails, without good cause, to comply with a protocol, the trustee may, subject to the Crown Proceedings Act 1950, enforce the protocol.

(3) Despite subsection (2), damages or any form of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol.

(4) To avoid doubt,—

• (a) subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and

• (b) subsection (3) does not affect the ability of a court to award costs incurred by the trustee in enforcing the protocol under subsection (2).

(1) A summary of the terms of the conservation protocol must be noted in the conservation documents affecting the conservation protocol area.

(2) The noting of the summary of the conservation protocol is—

• (a) for the purpose of public notice only; and

• (b) not an amendment to the conservation documents for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.

(3) The conservation protocol does not have the effect of granting, creating, or providing evidence of—

• (a) rights relating to the common marine and coastal area (as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011); or

• (b) an estate or interest in land held, managed, or administered under the Conservation Act 1987 or an enactment listed in Schedule 1 of that Act; or

• (c) an interest in, or rights relating to, flora or fauna administered or managed under the conservation legislation.

(1) A summary of the terms of the Crown minerals protocol must be noted in—

• (a) a register of protocols maintained by the chief executive of the Ministry of Economic Development; and

• (b) the minerals programmes affecting the Crown minerals protocol area when those programmes are replaced.

(2) The noting of the summary is—

• (a) for the purpose of public notice only; and

• (b) not an amendment to the minerals programmes for the purposes of the Crown Minerals Act 1991.

(3) The Crown minerals protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals.

(4) In this section, minerals programme has the meaning given by section 2(1) of the Crown Minerals Act 1991.

The taonga tuturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tuturu.

The Crown acknowledges the statements of association in relation to the statutory areas listed in Schedule 2.

In this subpart, river (including any tributary)—

• (a) means—

  • (i) a continuously or intermittently flowing body of fresh water, including a stream or a modified watercourse; and

  • (ii) the bed of the river, which is the land that the waters of the river cover at their fullest flow without overlapping the banks of the river; but

• (b) does not include—

  • (i) a part of the bed of the river that is not owned by the Crown; or

  • (ii) an artificial watercourse.

(1) The only purposes of the statutory acknowledgement are to—

• (a) require relevant consent authorities, the Environment Court, and the Historic Places Trust to have regard to the statutory acknowledgement, as provided for in sections 47 to 49; and

• (b) require relevant consent authorities to forward summaries of resource consent applications or, as the case requires, copies of notices of applications to the trustee, as provided for in section 51; and

• (c) enable the trustee and any member of Ngati Porou to cite the statutory acknowledgement as evidence of the association of Ngati Porou with the relevant statutory areas, as provided for in section 52.

(2) This section does not limit sections 53 to 55.

(1) On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to a statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustee is an affected person in respect of an application for a resource consent for an activity within, adjacent to, or that directly affects the statutory area.

(2) Subsection (1) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.

(1) On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in deciding, under section 274 of the Resource Management Act 1991, whether the trustee is a person with an interest greater than that of the general public in respect of proceedings relating to an application for a resource consent for an activity within, adjacent to, or that directly affects a statutory area.

(2) Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991.

(1) If, on or after the effective date, an application is made under section 11 or 12 of the Historic Places Act 1993 for an authority to destroy, damage, or modify an archaeological site within a statutory area,—

• (a) the Historic Places Trust, in exercising its powers under section 14 of the Historic Places Act 1993 in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

• (b) the Environment Court, in determining under section 20 of the Historic Places Act 1993 any appeal from a decision of the Historic Places Trust in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustee is a person directly affected by the decision.

(2) In this section, archaeological site has the meaning given in section 2 of the Historic Places Act 1993.

(1) On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.

(2) The information attached to a statutory plan must include the relevant provisions of sections 45 to 49 in full, the descriptions of the statutory areas, and any statements of association for the statutory area.

(3) The attachment of information to a statutory plan under this section is for the purpose of public information only, and the information is not—

• (a) part of the statutory plan, unless adopted by the relevant consent authority; or

• (b) subject to the provisions of Schedule 1 of the Resource Management Act 1991, unless adopted as part of the statutory plan.

(1) Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustee for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:

• (a) a summary of the application, if the application is received by the consent authority; or

• (b) a copy of the notice, if the application is served on the consent authority under section 145(10) of the Resource Management Act 1991.

(2) The information provided under subsection (1)(a) must be—

• (a) the same as would be given to an affected person under section 95B of the Resource Management Act 1991, or as may be agreed between the trustee and the relevant consent authority; and

• (b) provided as soon as is reasonably practicable—

  • (i) after an application is received by the consent authority; and

  • (ii) before the relevant consent authority decides under section 95 of that Act whether to notify the application.

(3) A copy of the notice given under subsection (1)(b) must be provided not later than 10 business days after the day on which the consent authority receives the notice.

(4) The trustee may, by notice in writing to a relevant consent authority,—

• (a) waive its rights to be notified under this section; and

• (b) state the scope of that waiver and the period it applies for.

(5) This section does not affect the obligation of a relevant consent authority to decide,—

• (a) under section 95 of the Resource Management Act 1991, whether to notify an application:

• (b) under section 95E of that Act, whether the trustee is an affected person in relation to an activity.

(1) The trustee and any member of Ngati Porou may, as evidence of the association of Ngati Porou with a statutory area, cite the statutory acknowledgement that relates to that area in submissions or proceedings concerning activities within, adjacent to, or directly affecting the statutory area, that are made to or before—

• (a) the relevant consent authorities; or

• (b) the Environment Court; or

• (c) the Historic Places Trust; or

• (d) the Environmental Protection Authority or a board of inquiry under Part 6AA of the Resource Management Act 1991.

(2) The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—

• (a) the bodies and the court referred to in subsection (1); or

• (b) parties to proceedings before that court or any of those bodies; or

• (c) any other person who is entitled to participate in those proceedings.

(3) However, the bodies, the court, and the persons specified in subsection (2) may take the statutory acknowledgement into account.

(4) To avoid doubt,—

• (a) neither the trustee nor members of Ngati Porou are precluded from stating that Ngati Porou has an association with a statutory area that is not described in the statutory acknowledgement; and

• (b) the content and existence of the statutory acknowledgement do not limit any statement made.

(1) Except as expressly provided in this subpart,—

• (a) the statutory acknowledgement does not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw; and

• (b) no person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of Ngati Porou with a statutory area (as described in a statement of association) than that person would give under the relevant legislation or bylaw if no statutory acknowledgement existed in respect of the statutory area.

(2) Subsection (1)(b) does not affect the operation of subsection (1)(a).

Except as expressly provided in this subpart, the statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in this subpart, the statutory acknowledgement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.

(1) This section amends the Resource Management Act 1991.

(2) Schedule 11 is amended by inserting the following item in its appropriate alphabetical order: “Ngati Porou Claims Settlement Act 2011”.

In this Act, cultural redress property means any of the following sites, and each site means the land described by that name in Schedule 3:

• Sites vested in fee simple subject to conservation covenant

• (a) Awanui:

• (b) Whanokao:

• (c) Raparapaririki:

• (d) Ruataupare:

• (e) Waipare Redwoods:

• Sites vested in fee simple to be administered as scenic reserves

• (f) Anaura:

• (g) Herenga:

• (h) Aorangi:

• (i) Pakaturi:

• (j) Paraheka:

• (k) Pukeamaru:

• (l) Waimahuru:

• Sites vested in fee simple to be administered as local purpose reserves

• (m) Te Puia:

• (n) Whangaokeno:

• Site vested in fee simple

• (o) Taitai.

(1) The reservation of the part of Awanui that is Section 5 Awanui Suburban as land reserved as an endowment for primary education under Gazette 1890 page 1055 is revoked.

(2) Awanui ceases to be a conservation area under the Conservation Act 1987.

(3) The fee simple estate in Awanui vests in the trustee.

(4) Subsections (1) to (3) are subject to the trustee providing to the Crown a registrable covenant for Awanui, in the form of the covenant set out in the documents schedule.

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

• (a) section 77 of the Reserves Act 1977; and

• (b) section 27 of the Conservation Act 1987.

(1) Whanokao that is part of the Raukumara Conservation Park ceases to be part of that park.

(2) The parts of Whanokao that are part of the Whanokao and Raukokore ecological areas cease to be part of those areas.

(3) Whanokao ceases to be a conservation area under the Conservation Act 1987.

(4) The fee simple estate in Whanokao vests in the trustee.

(5) Subsections (1) to (4) are subject to the trustee providing to the Crown a registrable covenant for Whanokao, in the form of the covenant set out in the documents schedule.

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

• (a) section 77 of the Reserves Act 1977; and

• (b) section 27 of the Conservation Act 1987.

(1) Raparapaririki ceases to be a conservation area under the Conservation Act 1987.

(2) The fee simple estate in Raparapaririki vests in the trustee.

(3) Subsections (1) and (2) are subject to the trustee providing to the Crown the registrable covenant for Lot 6, and that for Lots 7 and 8, of Raparapaririki, in the form of the covenants set out in the documents schedule.

(4) The covenants are to be treated as conservation covenants for the purposes of—

• (a) section 77 of the Reserves Act 1977; and

• (b) section 27 of the Conservation Act 1987.

(1) Ruataupare ceases to be a conservation area under the Conservation Act 1987.

(2) The fee simple estate in Ruataupare vests in the trustee.

(3) Subsections (1) and (2) are subject to the trustee providing to the Crown a registrable covenant for Ruataupare, in the form of the covenant set out in the documents schedule.

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

• (a) section 77 of the Reserves Act 1977; and

• (b) section 27 of the Conservation Act 1987.

(1) The reservation of the Waipare Redwoods scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

(2) The fee simple estate in Waipare Redwoods vests in the trustee.

(3) Subsections (1) and (2) are subject to the trustee providing to the Crown a registrable covenant for Waipare Redwoods, in the form of the covenant set out in the documents schedule.

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

• (a) section 77 of the Reserves Act 1977; and

• (b) section 27 of the Conservation Act 1987.

(1) The reservation of Anaura as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

(2) The fee simple estate in Anaura vests in the trustee.

(3) Anaura is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(4) Subsections (1) to (3) are subject to the trustee providing to the Crown a registrable easement in gross for a right to convey water in favour of the Minister of Conservation, as set out in the documents schedule.

(5) The easement is enforceable in accordance with its terms despite the provisions of the Reserves Act 1977 and is to be treated as having been granted in accordance with that Act.

(6) The reserve created by subsection (3) is named Anaura Scenic Reserve.

(1) The reservation of Herenga as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

(2) The fee simple estate in Herenga vests in the trustee.

(3) Herenga is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(4) The reserve created by subsection (3) is named Herenga Scenic Reserve.

(1) The reservation of Aorangi as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

(2) The fee simple estate in Aorangi vests in the trustee.

(3) Aorangi is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(4) The reserve created by subsection (3) is named Aorangi Scenic Reserve.

(1) Pakaturi ceases to be a conservation area under the Conservation Act 1987.

(2) The fee simple estate in Pakaturi vests in the trustee.

(3) Pakaturi is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(4) The reserve created by subsection (3) is named Pakaturi Scenic Reserve.

(1) The reservation of Paraheka as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

(2) The fee simple estate in Paraheka vests in the trustee.

(3) Paraheka is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(4) The reserve created by subsection (3) is named Paraheka Scenic Reserve.

(1) The reservation of the part of Pukeamaru that is a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

(2) The parts of Pukeamaru that are conservation areas under the Conservation Act 1987 cease to be conservation areas.

(3) The fee simple estate in Pukeamaru vests in the trustee.

(4) Pukeamaru is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(5) Despite section 78(1), on the day of the vesting by subsection (3), the Director-General is to be the administering body of Pukeamaru—

• (a) to control and manage the reserve under the Reserves Act 1977; and

• (b) for a period of 5 years after the vesting.

(6) The reserve created by subsection (4) is named Pukeamaru Scenic Reserve.

(1) The part of Waimahuru that is a conservation area under the Conservation Act 1987 ceases to be a conservation area.

(2) The reservation of the part of Waimahuru that is a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

(3) The fee simple estate in Waimahuru vests in the trustee.

(4) Waimahuru is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(5) The reserve created by subsection (4) is named Waimahuru Scenic Reserve.

(1) The reservation of Te Puia as a hot springs reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in Te Puia vests in the trustee.

(3) Te Puia is declared a reserve and classified as a local purpose (geothermal and walking track) reserve subject to section 23 of the Reserves Act 1977.

(4) The trustee (or any subsequent administering body) may, in relation to the reserve, by public notice,—

• (a) prohibit access to the reserve, other than to the walking track; and

• (b) prohibit access to the walking track, but only with the prior approval of the Minister of Conservation.

(5) The reserve created by subsection (3) is named Te Puia Local Purpose (Geothermal and Walking Track) Reserve.

(1) The reservation of Whangaokeno as a government purpose reserve for wildlife management purposes subject to section 22 of the Reserves Act 1977 is revoked.

(2) The fee simple estate in Whangaokeno vests in the trustee.

(3) Whangaokeno is declared a reserve and classified as a local purpose (cultural and wildlife management) reserve subject to section 23 of the Reserves Act 1977.

(4) For the purpose of protecting and preserving the fauna and flora of the reserve in their natural state, no person may enter the reserve without first obtaining—

• (a) from the trustee or any subsequent administering body—

  • (i) a licence under section 48A of the Reserves Act 1977; or

  • (ii) a permit under section 57(1) of that Act (as if the reserve were a nature reserve); or

• (b) a declaration under section 57(2) of that Act (as if the reserve were a nature reserve).

(5) In subsection (4), enter the reserve—

• (a) means having any physical contact with the island by a boat; and

• (b) includes contact such as by attaching, by rope or otherwise, a boat to the island or to a wharf constructed on or partly on the island.

(6) The reserve created by subsection (3) is named Whangaokeno Local Purpose (Cultural and Wildlife Management) Reserve.

The fee simple estate in Taitai vests in the trustee.

Each cultural redress property vests under subpart 4 in the trustee, subject to, or together with, any encumbrances listed for the property in the third column of the tables in Schedule 3.

(1) This section applies to the fee simple estate in a cultural redress property vested in the trustee under subpart 4.

(2) The Registrar-General must, on written application by an authorised person, comply with subsections (3) to (6).

(3) To the extent that a cultural redress property is all of the land contained in a computer freehold register that is not limited as to parcels, the Registrar-General must—

• (a) register the trustee as the proprietor of the fee simple estate in the land; and

• (b) make any entries in the register and do all other things that are necessary to give effect to this Part and to Part 5 of the deed of settlement.

(4) To the extent that a cultural redress property is not all of the land contained in a computer freehold register, or the computer freehold register is limited as to parcels, or there is no computer freehold register for all or part of the property, the Registrar-General must, in accordance with an application received from an authorised person,—

• (a) create 1 or more computer freehold registers for the fee simple estate in the property in the name of the trustee; and

• (b) enter on the register any encumbrances that are registered, notified, or notifiable and that are described in the application.

(5) Subsection (4) applies subject to the completion of any survey necessary to create the computer freehold register.

(6) A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—

• (a) 24 months after the settlement date; or

• (b) any later date that may be agreed in writing by the trustee and the Crown.

(7) In subsections (2) and (4), authorised person means a person authorised by—

• (a) the chief executive of LINZ, in the case of the Taitai site; and

• (b) the Director-General, in all other cases.

(1) The vesting of the fee simple estate in a cultural redress property under subpart 4 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.

(2) Despite subsection (1), the rest of section 24 of the Conservation Act 1987 does not apply to the vesting of any reserve site.

(3) If the reservation under subpart 4 of a reserve site is revoked in relation to all or part of the site, the vesting of the reserve site in the trustee is no longer exempt from the rest of section 24 of the Conservation Act 1987 in relation to all or that part of the site.

(1) The Registrar-General must record on the computer freehold register for—

• (a) a reserve site—

  • (i) that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and

  • (ii) that the land is subject to sections 75(3) and 79 of this Act; and

• (b) any other cultural redress property, that the land is subject to Part 4A of the Conservation Act 1987.

(2) Notification 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.

(3) If the reservation of a reserve site under subpart 4 is revoked in relation to—

• (a) all of the site, then the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the site the notifications that—

  • (i) section 24 of the Conservation Act 1987 does not apply to the site; and

  • (ii) the site is subject to sections 75(3) and 79 of this Act; or

• (b) part of the site, then the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register for the part of the site that remains a reserve.

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

(1) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under subpart 4, of the reserve status of a cultural redress property.

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

• (a) the vesting of the fee simple estate in a cultural redress property under subpart 4; or

• (b) any matter incidental to, or required for the purpose of, the vesting.

(3) The vesting of the fee simple estate in a cultural redress property under subpart 4 does not—

• (a) limit section 10 or 11 of the Crown Minerals Act 1991; or

• (b) affect other rights to subsurface minerals.

(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 required to fulfil the terms of the deed of settlement in relation to a cultural redress property.

(1) The trustee is the administering body of each of the reserve sites for the purposes of the Reserves Act 1977.

(2) Despite sections 48A(6), 114(5), and 115(6) of the Reserves Act 1977, sections 48A, 114, and 115 of that Act apply to the reserve sites.

(3) Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to the reserve sites.

(4) If the reservation under subpart 4 of a reserve site is revoked under section 24 of the Reserves Act 1977 in relation to all or part of the site, section 25 of that Act, except subsection (2) of that provision, does not apply to the revocation.

(1) This section applies to all, or the part, of a reserve site that remains a reserve under the Reserves Act 1977 after vesting in the trustee under subpart 4 (reserve land).

(2) The fee simple estate in the reserve land may be transferred to any other person, but only in accordance with this section, despite any other enactment or rule of law.

(3) The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners) if, on written application, the registered proprietors of the reserve land satisfy the Minister of Conservation that the new owners are able to—

• (a) comply with the requirements of the Reserves Act 1977; and

• (b) perform the duties of an administering body under the Reserves Act 1977.

(4) The Registrar-General must, upon receiving the documents specified in subsection (5), register the new owners as the proprietors of the fee simple estate in the reserve land.

(5) The documents are—

• (a) a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer; and

• (b) the written consent of the Minister of Conservation to the transfer of the reserve land; and

• (c) any other document required for the registration of the transfer instrument.

(6) The new owners, from the time of their registration under subsection (4),—

• (a) are the administering body of the reserve land for the purposes of the Reserves Act 1977; and

• (b) hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer.

(7) Despite subsections (1) and (2), subsections (3) to (6) do not apply to the transfer of the fee simple estate in the reserve land if—

• (a) the transferors of the reserve land are or were the trustees of a trust; and

• (b) the transferees are the trustees of the same trust, after—

  • (i) any new trustees have been appointed to the trust; or

  • (ii) any transferor has ceased to be a trustee of the trust; and

• (c) the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply.

The registered proprietors of a reserve site must not mortgage, or give a security interest in, all or any part of the site that remains a reserve under the Reserves Act 1977 after the site is vested in the trustee under subpart 4.

(1) This section applies to any bylaw, prohibition, or restriction on use or access that an administering body or the Minister made or granted under the Reserves Act 1977 or the Conservation Act 1987 in relation to a reserve site before the site vested in the trustee under subpart 4.

(2) The bylaw, prohibition, or restriction on use or access remains in force until it expires or is revoked under the Reserves Act 1977 or the Conservation Act 1987.

(1) If a site vested under subpart 4 comprised, immediately before the vesting, the whole of a reserve or conservation area and an official geographic name was assigned to the site under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008,—

• (a) that official geographic name is discontinued; and

• (b) the Board must ensure that, as soon as reasonably practicable after the settlement date, that official geographic name is removed from the Gazetteer.

(3) However, if a site vested under subpart 4 comprises only part of a reserve or conservation area to which an official geographic name had been assigned,—

• (a) the official geographic name is discontinued only in respect of the part of the site that is vested under subpart 4; and

• (b) the Board must amend the Gazetteer so that the official geographic name applies only to the part of the reserve or conservation area that is not vested under subpart 4.

(4) If a site is vested under subpart 4, and reserved and classified as a scenic reserve under that subpart, the scenic reserve does not become a Crown protected area.

(4A) The Minister must not change the name of a reserve site under section 16(10) of the Reserves Act 1977 without the written consent of the administering body of the site, and section 16(10A) of that Act does not apply to the proposed change.

(5) 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.

(1) To give effect to Part 6 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to do 1 or both of the following:

• (a) transfer the fee simple estate in a commercial redress property or a deferred selection property to the trustee:

• (b) sign a transfer instrument or other document or do anything else necessary to effect the transfer.

(2) As soon as is reasonably practicable after the actual deferred settlement date for a deferred selection property, the chief executive of the land holding agency must provide written notification of that date to the chief executive of LINZ for the purposes of section 16.

(1) The Minister of Conservation may grant a right of way easement over a conservation area, as required by clause 6.6.2(b) of the deed of settlement.

(2) An easement granted under subsection (1) is—

• (a) enforceable in accordance with its terms, despite Part 3B of the Conservation Act 1987; and

• (b) to be treated as having been granted in accordance with Part 3B of that Act; and

• (c) registrable under section 17ZA(2) of that Act, as if it were a deed to which that provision applied.

(1) This section applies to a commercial redress property or deferred selection property (other than the licensed land) that is to be transferred to the trustee, to the extent that—

• (a) the property is not all of the land contained in a computer freehold register; or

• (b) there is no computer freehold register for all or part of the property.

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

• (a) create a computer freehold register for the fee simple estate in the property in the name of the Crown; and

• (b) record on the computer freehold register any encumbrances that are registered, notified, or notifiable and that are described in the written application; but

• (c) omit any statement of purpose from the computer freehold register.

(3) Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.

(4) In this section and sections 86 and 87, authorised person means a person authorised by the chief executive of the land holding agency for the property.

(1) This section applies to land subject to a single Crown forestry licence that is to be transferred to the trustee under Part 6 of the deed of settlement and Part 5 of the property redress schedule.

(2) The Registrar-General must, in accordance with a written application by an authorised person, and after completion of any necessary survey, create a computer freehold register in the name of the Crown—

• (a) subject to, and together with, any encumbrances that are registered, notified, or notifiable and that are described in the written application; but

• (b) without any statement of purpose.

(1) For the purposes of sections 85 and 86, the authorised person may grant a covenant to arrange for the later creation of a computer freehold register for any land that is to be transferred to the trustee under section 83.

(2) Despite the Land Transfer Act 1952,—

• (a) the authorised person may request the Registrar-General to register a covenant (referred to in subsection (1)) under the Land Transfer Act 1952 by creating a computer interest register; and

• (b) the Registrar-General must register the covenant in accordance with paragraph (a).

(1) This section applies to the transfer to the trustee of a commercial redress property or a deferred selection property (a relevant property).

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

• (a) the transfer of a relevant property; or

• (b) a matter incidental to, or required for the purpose of, that transfer.

(3) The transfer of a relevant property—

• (a) 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; and

• (b) does not—

  • (i) limit section 10 or 11 of the Crown Minerals Act 1991; or

  • (ii) affect other rights to subsurface minerals; or

  • (iii) require the permission of a council under section 348 of the Local Government Act 1974 for laying out, forming, granting, or reserving a private road, private way, or right of way that may otherwise be required to fulfil the terms of the deed of settlement.

(4) In exercising the powers conferred by this subpart, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a relevant property to the trustee.

(5) Subsection (4) is subject to subsection (3)(a) and (b)(i) and (ii).

(1) In this section, school site means one of the following deferred selection properties described in Part 1 of the property redress schedule under the heading “Deferred selection properties”:

• (a) Tolaga Bay Area School:

• (b) Te Kura Kaupapa Maori o Mangatuna:

• (c) Whangara School.

(2) If a school site is transferred to the trustee under section 83,—

• (a) despite section 88(3)(a), the rest of section 24 of the Conservation Act 1987 does not apply to the transfer of the school site; and

• (b) if a lease relating to all or part of a school site, or a renewal of that lease, terminates or expires without being renewed, then the transfer is no longer exempt from the rest of section 24 of that Act in relation to all or part of the school site.

(3) The Registrar-General must record on the computer freehold register for the school site that—

• (a) the land is subject to Part 4A of the Conservation Act 1987; and

• (b) section 24 of that Act does not apply; and that the land is subject to subsection (2)(b).

(4) Notification under subsection (3) 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.

(5) If a lease referred to in subsection (2)(b), or a renewal of that lease, terminates, or expires without being renewed, in relation to all or part of a school site, the Minister of Education must apply in writing to the Registrar-General,—

• (a) if none of the school site remains subject to such a lease, to remove from the computer freehold register for the school site the notifications that—

  • (i) section 24 of the Conservation Act 1987 does not apply to the school site; and

  • (ii) the school site is subject to subsection (2)(b); or

• (b) if only part of the school site remains subject to such a lease (the leased part), to amend the notifications on the computer freehold register for the school site to record that, in relation to only the leased part,—

  • (i) section 24 of the Conservation Act 1987 does not apply to that part; and

  • (ii) that part is subject to subsection (2)(b).

(6) The Registrar-General must comply with an application received from the Minister of Education under subsection (5).

(1) The licensed land ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the trustee.

(2) However, although the licensed land does not cease to be Crown forest land until the transfer of the fee simple estate in the land to the trustee is registered, neither the Crown nor any court or tribunal may do any thing, or omit to do any thing, if that act or omission would, between the settlement date and the date of registration, be inconsistent with this Part, Part 6 of the deed of settlement, or Part 5 of the property redress schedule, although consistent with the Crown Forest Assets Act 1989.

(1) The trustee is, in relation to the licensed land, the confirmed beneficiary under clause 11.1 of the Crown forestry rental trust deed.

(2) The effect of subsection (1) is that—

• (a) the trustee is entitled to the rental proceeds payable since the commencement of the Crown forestry licence; and

• (b) all the provisions of the Crown forestry rental trust deed apply on the basis that the trustee is the confirmed beneficiary.

(3) The Crown must give notice under section 17(4)(b) of the Crown Forest Assets Act 1989 in respect of each Crown forestry licence, even though the Waitangi Tribunal has not made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land.

(4) Notice given by the Crown under subsection (3) has effect as if—

• (a) the Waitangi Tribunal had made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land; and

• (b) the recommendation had become final on the settlement date.

(5) The trustee is the licensor under each Crown forestry licence as if the licensed land had been returned to Maori ownership—

• (a) on the settlement date; and

• (b) under section 36 of the Crown Forest Assets Act 1989.

(6) However, section 36(1)(b) of the Crown Forest Assets Act 1989 does not apply to the licensed land.

Section 91 applies whether or not, on the settlement date, the transfer of the fee simple estate in the licensed land has been registered.

(1) On the settlement date, the unlicensed land ceases to be Crown forest land and any Crown forestry assets associated with that land cease to be Crown forestry assets.

(2) In this section, Crown forestry assets has the same meaning as in section 2(1) of the Crown Forest Assets Act 1989.

In this subpart, protected site means any area of land situated in the licensed land or the unlicensed land that—

• (a) is wahi tapu or a wahi tapu area within the meaning of section 2 of the Historic Places Act 1993; and

• (b) becomes a registered place within the meaning of section 2 of that Act.

(1) The owner of the land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow access across the land to each protected site to Maori for whom the protected site is of special spiritual, cultural, or historical significance.

(2) The right of access may be exercised by vehicles or by foot over any reasonably convenient routes specified by the owner.

(3) The right of access is subject to the following conditions:

• (a) a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and

• (b) the right of access may be exercised only at reasonable times and during daylight hours; and

• (c) a person exercising the right of access must observe any reasonable conditions imposed by the owner relating to the time, location, or manner of access as are reasonably required—

  • (i) for the safety of people; or

  • (ii) for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or

  • (iii) for operational reasons.

(1) The right of access conferred by section 95 is subject to, and does not override, the terms of any Crown forestry licence, except where the licensee has agreed to an exercise of the right of access.

(2) An amendment to a Crown forestry licence will be of no effect to the extent that it purports to—

• (a) delay the date from which a person who has a right of access under section 95 may exercise that right; or

• (b) otherwise adversely affect the right of access.

(1) The Registrar-General must, in accordance with a written application by an authorised person, record on the computer freehold register for the licensed land and the unlicensed land that the land is, or may at any future time be, subject to the right of access set out in section 95.

(2) An application must be made as soon as is reasonably practicable after the settlement date.

(3) However, if a computer freehold register has not been created by the settlement date, an application must be made as soon as is reasonably practicable after the register has been created.

(4) In this section, authorised person means—

• (a) a person authorised by the chief executive of LINZ, for the licensed land; and

• (b) a person authorised by the Director-General of the Ministry of Agriculture and Forestry, for the unlicensed land.

In this subpart and Schedule 4, unless the context requires another meaning,—

(1) In this subpart, RFR land means—

• (a) the general RFR land; and

• (b) the deferred selection RFR land; and

• (c) land obtained in exchange for a disposal of RFR land under section 112(1)(c) or 113.

(2) However, land ceases to be RFR land if—

• (a) the RFR landowner transfers the fee simple estate in the land to—

  • (i) the trustee or its nominee (for example, under section 105); or

  • (ii) any other person (including the Crown or a Crown body) under section 100(c); or

• (b) the RFR landowner transfers or vests the fee simple estate in the land to or in a person other than the Crown or a Crown body—

  • (i) under any of sections 109 to 116 (which relate to permitted disposals of RFR land); or

  • (ii) under section 117(1) (which relates to matters that may override the obligations of an RFR landowner under this subpart); or

• (c) the RFR period ends.

An RFR landowner must not dispose of RFR land to a person other than the trustee or its nominee unless the land is disposed of—

• (a) under any of sections 106 to 116; or

• (b) under section 117(1); or

• (c) within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustee, if the offer was—

  • (i) made in accordance with section 101; and

  • (ii) on terms that were the same as, or more favourable to the trustee than, the terms of the disposal to the person; and

  • (iii) not withdrawn under section 103; and

  • (iv) not accepted under section 104.

An offer by an RFR landowner to dispose of RFR land to the trustee must be by notice to the trustee, incorporating—

• (a) the terms of the offer, including its expiry date; and

• (b) a legal description of the land, including any encumbrances affecting it, and the reference for any computer register that contains the land; and

• (c) a street address for the land (if applicable); and

• (d) a street address, postal address, and fax number for the trustee to give notices to the RFR landowner in relation to the offer.

(1) The expiry date of an offer must be on or after the day that is 40 business days after the date on which the trustee receives notice of the offer.

(2) However, the expiry date of an offer may be on or after the day that is 20 business days after the date on which the trustee receives notice of the offer if—

• (a) the trustee received an earlier offer to dispose of the land; and

• (b) the expiry date of the earlier offer was no earlier than 6 months before the expiry date of the later offer; and

• (c) the earlier offer was not withdrawn.

The RFR landowner may, by notice to the trustee, withdraw an offer at any time before it is accepted.

(1) The trustee may, by notice to the RFR landowner who made an offer, accept the offer if—

• (a) it has not been withdrawn; and

• (b) its expiry date has not passed.

(2) The trustee must accept all the RFR land offered, unless the offer permits it to accept less.

(1) If the trustee accepts an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and the trustee on the terms in the offer, including the terms set out in subsections (3) to (6).

(2) The terms of the contract may be varied by written agreement between the RFR landowner and the trustee.

(3) Under the contract, the trustee may nominate any person other than the trustee (the nominee) to receive the transfer of the RFR land.

(4) The trustee may nominate a nominee, but only—

• (a) if the nominee is lawfully able to hold the RFR land; and

• (b) by giving notice to the RFR landowner on or before the day that is 10 business days before the day on which the transfer is to settle.

(5) The notice must specify—

• (a) the full name of the nominee; and

• (b) any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.

(6) If the trustee nominates a nominee, the trustee remains liable for the obligations of the transferee under the contract.

(1) An RFR landowner may dispose of RFR land to—

• (a) the Crown; or

• (b) a Crown body.

(2) To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 143(5) or 206 of the Education Act 1989.

(1) An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 of the Public Works Act 1981 to a local authority (as defined in section 2 of the Public Works Act 1981).

(2) To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—

• (a) the RFR landowner of the land; and

• (b) subject to the obligations of an RFR landowner under this subpart.

(1) An RFR landowner may dispose of RFR land in accordance with section 26 or 26A of the Reserves Act 1977.

(2) To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—

• (a) the RFR landowner of that land; or

• (b) subject to the obligations of an RFR landowner under this subpart.

(3) However, if the RFR land vests back in the Crown under sections 25 or 27 of the Reserves Act 1977, the Crown becomes—

• (a) the RFR landowner of the land; and

• (b) subject to the obligations of an RFR landowner under this subpart.

An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.

An RFR landowner may dispose of RFR land in accordance with—

• (a) a legal or equitable obligation that—

  • (i) was unconditional before the settlement date; or

  • (ii) was conditional before the settlement date but became unconditional on or after the settlement date; or

  • (iii) arose after the exercise (whether before, on, or after the settlement date) of an option existing before the settlement date; or

• (b) the requirements, existing before the settlement date, of a gift, endowment, or trust relating to the land.

The Crown may dispose of RFR land in accordance with—

• (a) section 54(1)(d) of the Land Act 1948; or

• (b) section 355(3) of the Resource Management Act 1991.

• (c) section 34 of the Marine and Coastal Area (Takutai Moana) Act 2011.

(1) An RFR landowner may dispose of RFR land in accordance with—

• (a) section 40(2) or (4) or 41 of the Public Works Act 1981 (including as those provisions are applied by another enactment); or

• (b) section 52, 105(1), 106, 114(3), 117(7), or 119 of the Public Works Act 1981; or

• (c) section 117(3)(a) of the Public Works Act 1981; or

• (d) section 117(3)(b) of the Public Works Act 1981 if the land is disposed of to the owner of adjoining land; or

• (e) section 23(1) or (4), 24(4), or 26 of the New Zealand Railways Corporation Restructuring Act 1990.

(2) To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 of Te Ture Whenua Maori Act 1993, after an application by an RFR landowner under section 41(e) of the Public Works Act 1981.

An RFR landowner may dispose of RFR land in accordance with—

• (a) section 15 of the Reserves Act 1977; or

• (b) section 16A or 24E of the Conservation Act 1987.

An RFR landowner may dispose of RFR land as a gift for charitable purposes.

The Crown may dispose of RFR land—

• (a) that was held on the settlement date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or

• (b) under section 67 of the Land Act 1948, if the disposal is to a lessee under a lease of the land granted—

  • (i) before the settlement date; or

  • (ii) on or after the settlement date under a right of renewal contained in a lease granted before the settlement date; or