Te Tau Ihu Claims Settlement Bill

Subpart 1—Purpose of Act, historical accounts, acknowledgements, and apologies

Clause 3 states the purpose of Parts 1 to 3 of the Bill.

Clause 4 provides that the provisions of Parts 1 to 3 of the Bill take effect on the settlement date unless a provision states otherwise.

Clause 5 provides that Parts 1 to 3 of the Bill bind the Crown.

Clause 6 provides an outline of Parts 1 to 3 of the Bill.

Clauses 7 to 16 summarise the historical accounts from the 3 deeds of settlement (which provide backgrounds to the deeds) and record the acknowledgements and the apologies given by the Crown to the iwi in the deeds.

Subpart 2—Interpretation

Clause 17 provides that Parts 1 to 3 of the Bill are to be interpreted in a manner that best furthers the agreements in the deeds of settlement.

Clauses 18 and 19 define certain terms used in Parts 1 to 3 of the Bill.

Clause 20 defines Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau.

Clause 21 defines historical claims.

Subpart 3—Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

Clause 22 settles the historical claims and provides that the settlement is final. It removes the jurisdiction of courts, tribunals, and other judicial bodies in respect of the historical claims, the deeds of settlement, Parts 1 to 3 of the Bill, and the settlement redress (but not in respect of the interpretation or implementation of the deeds of settlement or Parts 1 to 3 of the Bill).

Consequential amendment to Treaty of Waitangi Act 1975

Clause 23 amends the Treaty of Waitangi Act 1975 to remove the jurisdiction of the Waitangi Tribunal as provided in clause 22.

Protections no longer apply

Clause 24 provides that certain enactments do not apply to specified land.

Clause 25 provides for the removal of existing memorials from the computer registers relating to the specified land.

Subpart 4—Other matters

Clause 26 provides for an exception to the rule against perpetuities and any relevant provisions of the Perpetuities Act 1964 for the settlement trusts and in respect of documents entered into by the Crown to give effect to the deeds of settlement.

Clause 27 requires the chief executive of the Ministry of Justice to make copies of the deeds of settlement available for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington on any working day. The deeds must also be made available free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.

Clause 28 provides that if a provision in Parts 1 to 3 has the same effect as a provision in Parts 4 to 7 or 8 to 10, the provisions must be given effect to only once.

Subpart 1—Protocols

Subpart 1 (clauses 29 to 36) provides for the issue of protocols by the Minister of Conservation, the Minister for Primary Industries, the Minister of Energy and Resources, and the Minister for Arts, Culture and Heritage. The subpart provides that the protocols are subject to the Crown's obligations and limits the rights arising under them.

Subpart 2—Statutory acknowledgement and deeds of recognition

Subpart 2 (clauses 37 to 52) contains the Crown's acknowledgement of the statements made by the relevant iwi of their association with certain statutory areas and of their coastal values. The purposes and limits of the statutory acknowledgement are specified. The subpart also provides that the Crown may issue and amend deeds of recognition.

Subpart 3—Overlay classification

Subpart 3 (clauses 53 to 71) provides for an overlay classification to be declared in relation to certain overlay sites. The purposes and limits of the overlay classification are specified. The subpart authorises the making of certain regulations and bylaws relating to the overlay classification.

Subpart 4—Vesting of cultural redress properties

Subpart 4 (clauses 72 to 97) provides for the vesting of 24 cultural redress properties in the trustees of the relevant settlement trusts (in some cases, jointly with each other or with the trustees of trusts for iwi under related settlements). Of the 24 properties, 11 vest in fee simple, 1 vests in fee simple subject to a conservation covenant, and 12 vest in fee simple to be administered as reserves.

Subpart 5—General provisions relating to vesting of cultural redress properties

Subpart 5 (clauses 98 to 111) contains technical provisions to facilitate the vesting of the cultural redress properties.

Subpart 6—Vesting and gifting back of properties

Subpart 6 (clauses 112 and 113) provides for the vesting of a property in the trustees of the Ngāti Apa ki te Rā Tō Trust, the vesting of another property in those trustees (jointly with the trustees of trusts for iwi under a related settlement), and the gifting back of the properties to the Crown.

Subpart 7—Geographic names

Subpart 7 (clauses 114 to 117) provides for the alteration and assignment of geographic names, sets out the requirements for publishing a notice of a new geographic name, and provides for the process for altering any new geographic name.

Subpart 8—Customary use of eels

Subpart 8 (clauses 118 and 119) contains the Crown's acknowledgement of the association of Ngāti Apa ki te Rā Tō with eels in the part of the Nelson Lakes National Park within the Ngāti Apa conservation protocol area, and provides for the customary use of the eels by members of the iwi.

Subpart 9—Pakohe removal and consultation

Subpart 9 (clauses 120 to 127) contains the Crown's acknowledgement of the association of Ngāti Kuia and Rangitāne o Wairau with pakohe, provides for members of those iwi to remove pakohe from certain riverbeds by hand, and requires the Director-General to consult the trustees of the settlement trusts of those iwi in relation to pakohe in certain situations.

Subpart 10—Minerals fossicking right

Subpart 10 (clauses 128 to 132) provides for members of the settlement iwi to remove natural material from certain riverbeds by hand.

Subpart 11—Statutory kaitiaki and customary use of tītī

Subpart 11 (clauses 133 to 136) appoints the trustees of the Te Runanga o Ngāti Kuia Trust as statutory kaitiaki of Tītī Island and the Chetwode Islands with the power to advise the Minister of Conservation and the Director-General on certain matters relating to the islands, and provides for the customary use of tītī by members of Ngāti Kuia and Rangitāne o Wairau.

Subpart 12—Recognition of historical association with Endeavour Inlet

Subpart 12 (clause 137) contains the Crown's recognition of the historical association of Rangitāne o Wairau with Endeavour Inlet.

Subpart 13—River and freshwater advisory committee

Subpart 13 (clauses 138 to 144) establishes an iwi advisory committee to provide advice on the management of rivers and fresh water within the regions of certain councils. Members may be appointed to the committee by the trustees of the settlement trusts of the 8 iwi under the Bill.

Subpart 14—Wairau Boulder Bank conservation management plan

Subpart 14 (clause 145) provides for the preparation of a conservation management plan for the historic reserve being created over the Wairau Boulder Bank. Certain decisions about the plan must be made jointly by the Nelson/Marlborough Conservation Board and the trustees of the Rangitāne o Wairau Settlement Trust.

Subpart 1—Transfer of commercial properties, deferred selection properties, and Woodbourne land

Subpart 1 (clauses 146 to 151) contains provisions relating to the transfer of commercial properties, deferred selection properties, and the Woodbourne land, and provides for the creation of computer freehold registers for the properties and other related matters.

Subpart 2—Unlicensed land

Subpart 2 (clauses 152 to 155) provides for the status of the unlicensed land and its associated assets, and the rights of the land's lessee, if the land is transferred.

Subpart 3—Right of access to protected sites

Subpart 3 (clauses 156 to 160) provides a right of access to certain protected sites on the unlicensed land to Māori for whom the sites are of special cultural, spiritual, or historical significance.

Subpart 4—Right of first refusal in relation to RFR land

Subpart 4 (clauses 161 to 191) provides the trustees of each of the 3 settlement trusts in Parts 1 to 3 with a right of first refusal in relation to certain RFR land. For certain RFR land, the right of first refusal is shared between various combinations of the trustees of the 3 settlement trusts, the trustees of 4 related settlement trusts, and the trustee of the Toa Rangatira Trust. The owner of RFR land must not dispose of the land to a person other than the relevant trustees (without offering it to the trustees on the same or better terms) unless a specified exception applies. The right of first refusal lasts for different periods depending on the type of RFR land.

Subpart 1—Purpose of Act, historical accounts, acknowledgements, and apologies

Clause 192 states the purpose of Parts 4 to 7 of the Bill.

Clause 193 provides that the provisions of Parts 4 to 7 of the Bill take effect on the settlement date unless a provision states otherwise.

Clause 194 provides that Parts 4 to 7 of the Bill bind the Crown.

Clause 195 provides an outline of Parts 4 to 7 of the Bill.

Clauses 196 to 208 summarise the historical accounts from the 4 deeds of settlement (which provide backgrounds to the deeds) and record the acknowledgements and the apologies given by the Crown to the iwi in the deeds.

Subpart 2—Interpretation

Clause 209 provides that Parts 4 to 7 of the Bill are to be interpreted in a manner that best furthers the agreements in the deeds of settlement.

Clauses 210 and 211 define certain terms used in Parts 4 to 7 of the Bill.

Clause 212 defines Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui.

Clause 213 defines historical claims.

Subpart 3—Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

Clause 214 settles the historical claims and provides that the settlement is final. It removes the jurisdiction of courts, tribunals, and other judicial bodies in respect of the historical claims, the deeds of settlement, Parts 4 to 7 of the Bill, and the settlement redress (but not in respect of the interpretation or implementation of the deeds of settlement or Parts 4 to 7 of the Bill).

Consequential amendment to Treaty of Waitangi Act 1975

Clause 215 amends the Treaty of Waitangi Act 1975 to remove the jurisdiction of the Waitangi Tribunal as provided in clause 214.

Protections no longer apply

Clause 216 provides that certain enactments do not apply to specified land.

Clause 217 provides for the removal of existing memorials from the computer registers relating to the specified land.

Subpart 4—Other matters

Clause 218 provides for an exception to the rule against perpetuities and any relevant provisions of the Perpetuities Act 1964 for the settlement trusts and in respect of documents entered into by the Crown to give effect to the deeds of settlement.

Clause 219 requires the chief executive of the Ministry of Justice to make copies of the deeds of settlement available for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington on any working day. The deeds must also be made available free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.

Clause 220 provides that if a provision in Parts 4 to 7 has the same effect as a provision in Parts 1 to 3 or 8 to 10, the provisions must be given effect to only once.

Subpart 1—Protocols

Subpart 1 (clauses 221 to 228) provides for the issue of protocols by the Minister of Conservation, the Minister for Primary Industries, the Minister of Energy and Resources, and the Minister for Arts, Culture and Heritage. The subpart provides that the protocols are subject to the Crown's obligations and limits the rights arising under them.

Subpart 2—Statutory acknowledgement and deeds of recognition

Subpart 2 (clauses 229 to 244) contains the Crown's acknowledgement of the statements made by the relevant iwi of their association with certain statutory areas and of their coastal values. The purposes and limits of the statutory acknowledgement are specified. The subpart also provides that the Crown may issue and amend deeds of recognition.

Subpart 3—Overlay classification

Subpart 3 (clauses 245 to 263) provides for an overlay classification to be declared in relation to certain overlay sites. The purposes and limits of the overlay classification are specified. The subpart authorises the making of certain regulations and bylaws relating to the overlay classification.

Subpart 4—Vesting of cultural redress properties

Subpart 4 (clauses 264 to 305) provides for the vesting of 41 cultural redress properties in the trustees of the relevant settlement trusts (in some cases, jointly with each other or with the trustees of trusts for iwi under related settlements). Of the 41 properties, 13 vest in fee simple, 11 vest in fee simple subject to conservation covenants, and 17 vest in fee simple to be administered as reserves.

Subpart 5—General provisions relating to vesting of cultural redress properties

Subpart 5 (clauses 306 to 321) contains technical provisions to facilitate the vesting of the cultural redress properties.

Subpart 6—Delayed vesting of cleared land

Subpart 6 (clauses 322 to 325) provides for the delayed vesting of land that is no longer required for a public work and is not subject to rights or obligations that are inconsistent with vesting the area in the trustees of Te Pātaka a Ngāti Kōata.

Subpart 7—Vesting and gifting back of properties

Subpart 7 (clauses 326 and 327) provides for the vesting of a property in the trustees of 3 settlement trusts, the vesting of another property in the trustees of 3 settlement trusts (jointly with the trustees of a trust for iwi under a related settlement), and the gifting back of the properties to the Crown.

Subpart 8—Easement over part of D'Urville Island Scenic Reserve

Subpart 8 (clause 328) provides for the grant of an easement over part of D'Urville Island Scenic Reserve.

Subpart 9—Geographic names

Subpart 9 (clauses 329 to 332) provides for the alteration and assignment of geographic names, sets out the requirements for publishing a notice of a new geographic name, and provides for the process for altering any new geographic name.

Subpart 10—Minerals fossicking right

Subpart 10 (clauses 333 to 337) provides for members of the settlement iwi to remove natural material from certain riverbeds by hand.

Subpart 11—Statutory advisers

Subpart 11 (clauses 338 and 339) provides for the appointment of the trustees of Te Pātaka a Ngāti Kōata as statutory advisers to the Minister of Conservation and the Director-General in relation to Takapourewa, Whangarae, and Moawhitu.

Subpart 12—Statutory kaitiaki, acknowledgement as kaitiaki, and kaitiaki plan

Subpart 12 (clauses 340 to 344) appoints the trustees of the Te Ātiawa o Te Waka-a-Māui Trust as statutory kaitiaki of 5 islands in Queen Charlotte Sound / Tōtaranui with the power to advise the Minister of Conservation and the Director-General on certain matters relating to the islands. The subpart also provides for the trustees of the Te Ātiawa o Te Waka-a-Māui Trust to prepare and lodge a kaitiaki plan with Marlborough District Council. The plan applies to the coastal marine area of Queen Charlotte Sound / Tōtaranui and affects certain functions of the council relating to resource management in the area.

Subpart 13—Acknowledgement of historical association with West of Separation Point / Te Matau

Subpart 13 (clause 345) contains the Crown's acknowledgement of the historical association of Ngāti Kōata with West of Separation Point / Te Matau.

Subpart 14—River and freshwater advisory committee

Subpart 14 (clauses 346 to 352) establishes an iwi advisory committee to provide advice on the management of rivers and fresh water within the regions of certain councils. Members may be appointed to the committee by the trustees of the settlement trusts of the 8 iwi under the Bill.

Subpart 1—Transfer of commercial redress properties and deferred selection properties

Subpart 1 (clauses 353 to 358) contains provisions relating to the transfer of commercial redress properties (including the licensed properties and unlicensed land) and deferred selection properties and provides for the creation of computer freehold registers for the properties and other related matters.

Subpart 2—Licensed properties and unlicensed land

Subpart 2 (clauses 359 to 364) provides for the status of the licensed properties and the unlicensed land and their associated assets. The provisions set out the respective rights and obligations of the Crown and the trustees of the settlement trusts in relation to the licensed properties.

Subpart 3—Right of access to protected sites

Subpart 3 (clauses 365 to 368) provides a right of access to certain protected sites on the licensed properties or unlicensed land to Māori for whom the sites are of special cultural, spiritual, or historical significance.

Subpart 4—Right of first refusal in relation to RFR land

Subpart 4 (clauses 369 to 399) provides the trustees of each of the 4 settlement trusts in Parts 4 to 7 with a right of first refusal in relation to RFR land. For certain RFR land, the right of first refusal is shared between various combinations of the trustees of the 4 settlement trusts, the trustees of 3 related settlement trusts, and the trustee of the Toa Rangatira Trust. The owner of RFR land must not dispose of the land to a person other than the relevant trustees (without offering it to the trustees on the same or better terms) unless a specified exception applies. The right of first refusal lasts for different periods depending on the type of RFR land.

Subpart 1—Governance reorganisation

Clause 400 defines certain terms used in Part 7.

Clause 401 dissolves the Ngati Tama Manawhenua Ki Te Tau Ihu Trust, the charitable trust board of Ngāti Tama ki Te Tau Ihu.

Clause 402 provides for the charitable trust board's assets and liabilities to vest in the trustees of the Ngāti Tama ki Te Waipounamu Trust, the trustees that receive redress for the benefit of Ngāti Tama ki Te Tau Ihu under the Bill. The assets and liabilities vest free of any charitable trusts.

Clause 403 removes any charitable purposes from the assets and liabilities of the charitable trust board's subsidiary.

Clause 404 requires the trustees of the Ngāti Tama ki Te Waipounamu Trust to prepare a final annual report of the charitable trust board and to present it to members of Ngāti Tama ki Te Tau Ihu at a general meeting.

Clauses 405 to 413 provide for various transitional matters relating to the reorganisation of the governance arrangements.

Subpart 2—Transitional taxation provisions

Subpart 2 (clauses 414 to 418) provides for transitional taxation matters relating to the reorganisation of the governance arrangements.

Subpart 1—Purpose of Act, historical account, acknowledgements, and apology

Clause 419 states the purpose of Parts 8 to 10 of the Bill.

Clause 420 provides that the provisions of Parts 8 to 10 of the Bill take effect on the settlement date unless a provision states otherwise.

Clause 421 provides that Parts 8 to 10 of the Bill bind the Crown.

Clause 422 provides an outline of Parts 8 to 10 of the Bill.

Clauses 423 to 426 summarise the historical account from the deed of settlement (which provides a background to the deed) and record the acknowledgements and the apology given by the Crown to Ngati Toa Rangatira in the deed.

Subpart 2—Interpretation

Clause 427 provides that Parts 8 to 10 of the Bill are to be interpreted in a manner that best furthers the agreements in the deed of settlement.

Clauses 428 and 429 define certain terms used in Parts 8 to 10 of the Bill.

Clause 430 defines Ngati Toa Rangatira.

Clause 431 defines historical claims.

Subpart 3—Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

Clause 432 settles the historical claims and provides that the settlement is final. It removes the jurisdiction of courts, tribunals, and other judicial bodies in respect of the historical claims, the deed of settlement, Parts 8 to 10 of the Bill, and the settlement redress (but not in respect of the interpretation or implementation of the deed of settlement or Parts 8 to 10 of the Bill).

Consequential amendment to Treaty of Waitangi Act 1975

Clause 433 amends the Treaty of Waitangi Act 1975 to remove the jurisdiction of the Waitangi Tribunal as provided in clause 432.

Protections no longer apply

Clause 434 provides that certain enactments do not apply to specified land.

Clause 435 provides for the removal of existing memorials from the computer registers relating to the specified land.

Subpart 4—Other matters

Clause 436 provides for an exception to the rule against perpetuities and any relevant provisions of the Perpetuities Act 1964 for the Toa Rangatira Trust and in respect of documents entered into by the Crown to give effect to the deed of settlement.

Clause 437 requires the chief executive of the Ministry of Justice to make copies of the deed of settlement available for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington on any working day. The deed must also be made available free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.

Clause 438 provides that if a provision in Parts 8 to 10 has the same effect as a provision in Parts 1 to 3 or 4 to 7, the provisions must be given effect to only once.

Clause 439 amends the Fisheries (South Island Customary Fishing) Regulations 1999 to change a definition that affects Ngati Toa Rangatira.

Subpart 1—Statutory acknowledgement and deeds of recognition

Subpart 1 (clauses 440 to 455) contains the Crown's acknowledgement of the statements made by Ngati Toa Rangatira of their association with certain statutory areas and of their coastal values. The purposes and limits of the statutory acknowledgement are specified. The subpart also provides that the Crown may issue and amend deeds of recognition.

Subpart 2—Nga paihau

Subpart 2 (clauses 456 to 474) provides for a nga paihau to be declared in relation to certain nga paihau sites. The purposes and limits of the nga paihau are specified. The subpart authorises the making of certain regulations and bylaws relating to the nga paihau.

Subpart 3—Vesting of cultural redress properties

Subpart 3 (clauses 475 to 496) provides for the vesting of 21 cultural redress properties in the trustee of the Toa Rangatira Trust (in some cases, jointly with the trustees of trusts for iwi under related settlements). Of the 21 properties, 7 vest in fee simple, 2 vest in fee simple subject to conservation covenants, 10 vest in fee simple to be administered as reserves, and 2 vest in fee simple to be held as Maori reservations.

Subpart 4—General provisions relating to vesting of cultural redress properties

Subpart 4 (clauses 497 to 515) contains technical provisions to facilitate the vesting of the cultural redress properties.

Subpart 5—Geographic names

Subpart 5 (clauses 516 to 519) provides for the alteration and assignment of geographic names, sets out the requirements for publishing a notice of a new geographic name, and provides for the process for altering any new geographic name.

Subpart 6—Delayed vesting and gifting back of balance of Mana Island

Subpart 6 (clauses 520 to 522) provides for the vesting of the balance of Mana Island in the trustee of the Toa Rangatira Trust, and for the gifting back of the land to the Crown 10 days later. The initial vesting date is a date no later than 31 December 2024 that is appointed by the trustee.

Subpart 7—Kapiti Island redress

Subpart 7 (clauses 523 to 560) provides for the vesting of 3 sites on Kapiti Island in the trustee of the Toa Rangatira Trust, on various terms, and for the establishment of a strategic advisory committee whose members include appointees of the trustee, the Director-General, and potentially others.

The Kapiti Island site is vested in the trustee subject to a conservation covenant, and access rights to the site are provided. The Kapiti Island North Nature Reserve site is classified as a nature reserve before vesting in the trustee in trust, with the Crown continuing to administer, control, and manage the reserve. If certain requirements are satisfied after the settlement date, an Order in Council may be made so that additional land is treated as part of the Kapiti Island North Nature Reserve site. The Kapiti Island Nature Reserve site initially vests in the trustee, before vesting as a gift back to the Crown 10 days later. The initial vesting date is a date no later than 31 December 2024 that is appointed by the trustee.

The strategic advisory committee is established to perform functions in relation to the Kapiti Island North Nature Reserve site and the Kapiti Island Nature Reserve site and associated land. The committee's functions include the provision of advice and involvement in preparing and approving a conservation management plan for those sites.

Subpart 8—Poutiaki plan

Subpart 8 (clauses 561 to 564) provides for the trustee of the Toa Rangatira Trust to prepare and lodge a poutiaki plan with certain councils. The plan applies to a defined area and affects certain functions of the councils relating to resource management in the area. The plan also relates to fisheries management in the area.

Subpart 9—Whitireia Park redress

Subpart 9 (clauses 565 to 572) establishes a joint board whose members include appointees of the trustee of the Toa Rangatira Trust and Wellington Regional Council. The joint board becomes the administering body of Whitireia Recreation Reserve. The joint board also becomes the administering body of 2 additional reserves until the trustee takes certain steps, such as giving a notice so that the trustee itself becomes the administering body.

Subpart 10—Queen Elizabeth Park campground site

Subpart 10 (clauses 573 to 577) provides for the trustee of the Toa Rangatira Trust to become the administering body of a campground site. The site is a reserve that must be administered for the purpose of providing a reasonable opportunity for affordable camping.

Subpart 11—River and freshwater advisory committee

Subpart 11 (clauses 578 to 584) establishes an iwi advisory committee to provide advice on the management of rivers and fresh water within the regions of certain councils. Members may be appointed to the committee by the trustees of the settlement trusts of the 8 iwi under the Bill.

Subpart 1—Transfer of commercial redress properties, commercial properties, and deferred selection properties

Subpart 1 (clauses 585 to 590) contains provisions relating to the transfer of commercial redress properties (including the licensed properties), commercial properties, and deferred selection properties and provides for the creation of computer freehold registers for the properties and other related matters.

Subpart 2—Licensed properties

Subpart 2 (clauses 591 to 594) provides for the status of the licensed properties. The provisions set out the respective rights and obligations of the Crown and the trustee of the Toa Rangatira Trust in relation to the licensed properties.

Subpart 3—Right of access to protected sites

Subpart 3 (clauses 595 to 598) provides a right of access to certain protected sites on the licensed properties to Māori for whom the sites are of special cultural, spiritual, or historical significance.

Subpart 4—Right of first refusal in relation to RFR land

Subpart 4 (clauses 599 to 632) provides the trustee of the Toa Rangatira Trust with a right of first refusal in relation to RFR land. For certain RFR land, the right of first refusal is shared between various combinations of the trustee of the Toa Rangatira Trust and the trustees of 7 related settlement trusts. The owner of RFR land must not dispose of the land to a person other than the relevant trustees (without offering it to the trustees on the same or better terms) unless a specified exception applies. The right of first refusal lasts for different periods depending on the type of RFR land.