Te Tau Ihu Claims Settlement Bill

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Te Tau Ihu Claims Settlement Bill

Government Bill

123—1

Explanatory note

General policy statement

This Bill gives effect to the deeds of settlement in which the Crown and Ngāti Apa ki te Rā Tō, Ngāti Kuia, Rangitāne o Wairau, Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, Te Ātiawa o Te Waka-a-Māui, and Ngati Toa Rangatira agree to the final settlement of the historical claims of those iwi.

It is intended to divide the Bill at the committee of the whole House stage so that—

  • Parts 1 to 3 become the Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill:

  • Parts 4 to 7 become the Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Bill:

  • Parts 8 to 10 become the Ngati Toa Rangatira Claims Settlement Bill:

  • Part 11 becomes the Haka Ka Mate Attribution Bill.

Parts 1 to 3—Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill

Parts 1 to 3 give effect to the deeds of settlement of Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau.

Parts 4 to 7—Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Bill

Parts 4 to 7 give effect to the deeds of settlement of Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui.

Parts 8 to 10—Ngati Toa Rangatira Claims Settlement Bill

Parts 8 to 10 give effect to the deed of settlement of Ngati Toa Rangatira.

Part 11—Haka Ka Mate Attribution Bill

Part 11 also gives effect to the deed of settlement of Ngati Toa Rangatira. It provides for redress to Ngati Toa Rangatira relating to the haka Ka Mate.

It is the intention of the Crown and Ngati Toa Rangatira that Ngati Toa Rangatira have a right of attribution in perpetuity in relation to the haka Ka Mate that is not assignable.

Clause by clause analysis

Clause 1 states the Bill's Title.

Clause 2 specifies the Bill's commencement date.

Part 1
Preliminary matters and settlement of historical claims

Parts 1 to 3 relate to 3 iwi, Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau, and to their 3 deeds of settlement, the settlement of their historical claims, and redress provided to them.

Part 1 provides for preliminary matters and the settlement of the historical claims.

Subpart 1Purpose 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 2Interpretation

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 3Settlement 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 4Other 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.

Part 2
Cultural redress

Part 2 provides for cultural redress.

Subpart 1Protocols

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 2Statutory 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 3Overlay 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 4Vesting 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 5General 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 6Vesting 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 7Geographic 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 8Customary 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 9Pakohe 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 10Minerals 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 11Statutory 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 12Recognition 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 13River 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 14Wairau 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.

Part 3
Commercial redress

Part 3 provides for commercial redress.

Subpart 1Transfer 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 2Unlicensed 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 3Right 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 4Right 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.

Part 4
Preliminary matters and settlement of historical claims

Parts 4 to 7 relate to 4 iwi, Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui, and to their 4 deeds of settlement, the settlement of their historical claims, and redress provided to them.

Part 4 provides for preliminary matters and the settlement of the historical claims.

Subpart 1Purpose 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 2Interpretation

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 3Settlement 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 4Other 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.

Part 5
Cultural redress

Part 5 provides for cultural redress.

Subpart 1Protocols

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 2Statutory 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 3Overlay 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 4Vesting 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 5General 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 6Delayed 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 7Vesting 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 8Easement 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 9Geographic 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 10Minerals 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 11Statutory 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 12Statutory 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 13Acknowledgement 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 14River 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.

Part 6
Commercial redress

Part 6 provides for commercial redress.

Subpart 1Transfer 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 2Licensed 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 3Right 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 4Right 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.

Part 7
Transitional matters for Ngāti Tama ki Te Tau Ihu—governance reorganisation and taxation

Part 7 provides for the reorganisation of the governance arrangements of Ngāti Tama ki Te Tau Ihu and for transitional matters, including taxation, that relate to the reorganisation. These matters take effect on the commencement of Parts 4 to 7.

Subpart 1Governance 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 2Transitional taxation provisions

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

Part 8
Preliminary matters and settlement of historical claims

Parts 8 to 10 relate to the iwi Ngati Toa Rangatira and to their deed of settlement, the settlement of their historical claims, and redress provided to them.

Part 8 provides for preliminary matters and the settlement of the historical claims.

Subpart 1Purpose 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 2Interpretation

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 3Settlement 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 4Other 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.

Part 9
Cultural redress

Part 9 provides for cultural redress.

Subpart 1Statutory 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 2Nga 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 3Vesting 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 4General 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 5Geographic 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 6Delayed 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 7Kapiti 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 8Poutiaki 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 9Whitireia 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 10Queen 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 11River 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.

Part 10
Commercial redress

Part 10 provides for commercial redress.

Subpart 1Transfer 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 2Licensed 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 3Right 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 4Right 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.

Part 11
Haka Ka Mate attribution

Part 11 provides for redress to Ngati Toa Rangatira relating to the haka Ka Mate.

Clause 633 states the purpose of Part 11 of the Bill.

Clause 634 provides that the provisions of Part 11 of the Bill take effect on the settlement date.

Clause 635 provides that Part 11 of the Bill binds the Crown.

Clause 636 provides that Part 11 of the Bill is to be interpreted in a manner that best furthers the agreements in the deed of settlement.

Clause 637 defines certain terms used in Part 11 of the Bill.

Clause 638 provides for the Crown's acknowledgement of the significance of Ka Mate to Ngati Toa Rangatira and the statement made by Ngati Toa Rangatira relating to Ka Mate.

Clause 639 confers a right of attribution on Ngati Toa Rangatira in relation to Ka Mate. Anything to which the right of attribution applies must include a statement that Te Rauparaha was the composer of Ka Mate and a chief of Ngati Toa Rangatira.

Clause 640 describes the things to which the right of attribution applies and some things to which it does not apply.

The right of attribution applies to—

  • any publication of Ka Mate for commercial purposes:

  • any communication of Ka Mate to the public:

  • any film that includes Ka Mate and is shown in public or is issued to the public.

But the right of attribution does not apply to—

  • any performance of Ka Mate, including by a kapa haka group:

  • anything used for educational purposes:

  • anything made for the purpose of criticism, review, or reporting current events.

Clause 641 restricts the remedies for a failure to comply with the right of attribution to a declaratory judgment or order. Costs may also be awarded.

Clause 642 requires the Ministry of Business, Innovation, and Employment to review Part 11 after the fifth anniversary of its commencement. The review may consider additional protection for the interests of Ngati Toa Rangatira relating to Ka Mate.

Schedules

There are 15 schedules.

The schedules relating to Parts 1 to 3, and to redress provided to the 3 iwi Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau,—

  • describe the statutory areas to which the statutory acknowledgement relates and for which (with some exceptions) a deed of recognition is issued (Schedule 1):

  • describe the overlay sites to which the overlay classification applies (Schedule 2):

  • describe the 24 cultural redress properties (Schedule 3):

  • set out provisions that apply to notices given in relation to RFR land (Schedule 4).

The schedules relating to Parts 4 to 7, and to redress provided to the 4 iwi Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui,—

  • describe the statutory areas to which the statutory acknowledgement relates and for which (with some exceptions) a deed of recognition is issued (Schedule 5):

  • describe the overlay sites to which the overlay classification applies (Schedule 6):

  • describe the 41 cultural redress properties (Schedule 7):

  • describe the properties for delayed vesting or vesting and gifting back (Schedule 8):

  • set out provisions that apply to notices given in relation to RFR land (Schedule 9).

The schedules relating to Parts 8 to 10, and to redress provided to the iwi Ngati Toa Rangatira,—

  • describe the statutory areas to which the statutory acknowledgement relates and for which (with some exceptions) a deed of recognition is issued (Schedule 10):

  • describe the nga paihau sites to which the nga paihau applies (Schedule 11):

  • describe the 21 cultural redress properties (Schedule 12):

  • describe the properties to which the Kapiti Island redress relates (Schedule 13):

  • set out provisions that apply to notices given in relation to RFR land (Schedule 14).

The schedule relating to Part 11 sets out the statement made by Ngati Toa Rangatira relating to Ka Mate (Schedule 15).


Hon Christopher Finlayson

Te Tau Ihu Claims Settlement Bill

Government Bill

123—1

Contents

1 Title

2 Commencement

Part 1
Preliminary matters and settlement of historical claims

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

3 Purpose

4 Provisions take effect on settlement date

5 Act binds the Crown

6 Outline

7 Historical accounts and the Crown's acknowledgements and apologies

Historical account, acknowledgements, and apology for Ngāti Apa ki te Rā Tō

8 Summary of historical account for Ngāti Apa ki te Rā Tō

9 Text of acknowledgements for Ngāti Apa ki te Rā Tō

10 Text of apology for Ngāti Apa ki te Rā Tō

Historical account, acknowledgements, and apology for Ngāti Kuia

11 Summary of historical account for Ngāti Kuia

12 Text of acknowledgements for Ngāti Kuia

13 Text of apology for Ngāti Kuia

Historical account, acknowledgements, and apology for Rangitāne o Wairau

14 Summary of historical account for Rangitāne o Wairau

15 Text of acknowledgements for Rangitāne o Wairau

16 Text of apology for Rangitāne o Wairau

Subpart 2Interpretation

17 Interpretation of Act generally

18 Interpretation

19 Interpretation: iwi and trusts

20 Meaning of Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau

21 Meaning of historical claims

Subpart 3Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

22 Settlement of historical claims final

Consequential amendment to Treaty of Waitangi Act 1975

23 Amendment to Treaty of Waitangi Act 1975

Protections no longer apply

24 Certain enactments do not apply

25 Removal of memorials

Subpart 4Other matters

26 Rule against perpetuities does not apply

27 Access to deeds of settlement

28 Provisions of other Acts that have same effect

Part 2
Cultural redress

Subpart 1Protocols

General provisions

29 Interpretation

30 Issue, amendment, and cancellation of protocols

31 Protocols subject to rights, functions, and obligations

32 Enforceability of protocols

33 Limitation of rights

Noting of conservation, fisheries, and minerals protocols

34 Noting of conservation protocols

35 Noting of fisheries protocols

36 Noting of minerals protocols

Subpart 2Statutory acknowledgement and deeds of recognition

Statutory acknowledgement

37 Interpretation

38 Statutory acknowledgement by the Crown

39 Purposes of statutory acknowledgement

40 Relevant consent authorities to have regard to statutory acknowledgement

41 Environment Court to have regard to statutory acknowledgement

42 Historic Places Trust and Environment Court to have regard to statutory acknowledgement

43 Recording statutory acknowledgement on statutory plans

44 Provision of summaries or notices of certain applications to relevant trustees

45 Use of statutory acknowledgement

46 Relevant trustees may waive rights

Deeds of recognition

47 Issue and amendment of deeds of recognition

General provisions

48 Application to river or stream

49 Exercise of powers and performance of functions and duties

50 Rights not affected

51 Limitation of rights

Consequential amendment to Resource Management Act 1991

52 Amendment to Resource Management Act 1991

Subpart 3Overlay classification

53 Interpretation

54 Declaration of overlay classification

55 Acknowledgement by the Crown of statements of iwi values

56 Purposes of overlay classification

57 Agreement on protection principles

58 New Zealand Conservation Authority and Conservation Boards to have particular regard to certain matters

59 New Zealand Conservation Authority and Conservation Boards to consult relevant trustees

60 Conservation management strategy

61 Noting of overlay classification

62 Notification in Gazette

63 Actions by Director-General

64 Amendment to strategy or plan

65 Regulations

66 Bylaws

67 Existing classification of overlay sites

68 Termination of overlay classification

69 Exercise of powers and performance of functions and duties

70 Rights not affected

71 Limitation of rights

Subpart 4Vesting of cultural redress properties

72 Interpretation

Sites that vest in fee simple

73 St Arnaud

74 Te Tai Tapu (Tombstone)

75 Port Gore

76 Titiraukawa (Pelorus Bridge)

77 Ngā Tai Whakaū (Kawai, World's End)

78 Waimea Pā (Appleby School)

79 Te Hora (Canvastown School)

80 Picton Recreation Reserve

81 Tuamatene Marae, Grovetown

82 Rārangi

83 Wairau Lagoons (reinterment)

Site that vests in fee simple subject to conservation covenant

84 Tītīrangi Bay site

Sites that vest in fee simple to be administered as reserves

85 Aorere Scenic Reserve

86 Cullen Point (Havelock)

87 Moenui

88 Tarakaipa Island urupā

89 Agreement relating to Te Pokohiwi

90 Te Pokohiwi

91 Waikutakuta / Robin Hood Bay

92 Ngākuta Bay

93 Momorangi

94 Endeavour Inlet site

95 Mātangi Āwhio (Nelson)

96 Pukatea / Whites Bay

97 Horahora-kākahu

Subpart 5General provisions relating to vesting of cultural redress properties

General provisions

98 Properties are subject to, or benefit from, interests

99 Interests in land for reserve sites that are jointly vested sites

100 Interests that are not interests in land

101 Registration of ownership

102 Application of Part 4A of Conservation Act 1987

103 Recording application of Part 4A of Conservation Act 1987 and sections of this Act

104 Application of other enactments

Provisions relating to reserve sites

105 Application of Reserves Act 1977 to reserve sites

106 Joint management body for Pukatea / Whites Bay and Horahora-kākahu

107 Subsequent transfer of reserve sites (other than jointly vested sites)

108 Subsequent transfer of jointly vested sites

109 No mortgage of reserve land

110 Saving of bylaws, etc, in relation to reserve sites

111 Names of Crown protected areas and reserve sites

Subpart 6Vesting and gifting back of properties

112 Vesting and gifting back of alpine tarns

113 Vesting and gifting back of Te Tai Tapu

Subpart 7Geographic names

114 Interpretation

115 New names of features

116 Publication of new names

117 Alteration of new names

Subpart 8Customary use of eels

118 Acknowledgement of association

119 Customary use of eels

Subpart 9Pakohe removal and consultation

120 Interpretation

121 Acknowledgement of association

122 Authorisation to search for and remove pakohe

123 Access to riverbed to search for and remove pakohe

124 Obligations if accessing riverbed

125 Relationship with other enactments

126 Consultation in relation to pakohe

127 Relevant pakohe area may be added to, or removed from, deed of settlement

Subpart 10Minerals fossicking right

128 Interpretation

129 Authorisation to search for and remove sand, shingle, or other natural material

130 Access to riverbed to search for and remove sand, shingle, or other natural material

131 Obligations if accessing riverbed

132 Relationship with other enactments

Subpart 11Statutory kaitiaki and customary use of tītī

133 Interpretation

134 Statutory kaitiaki may advise Minister of Conservation and Director-General

135 Customary use of tītī by Ngāti Kuia

136 Customary use of tītī by Rangitāne o Wairau

Subpart 12Recognition of historical association with Endeavour Inlet

137 Recognition of historical association with Endeavour Inlet

Subpart 13River and freshwater advisory committee

138 Advisory committee established

139 Appointment of members to advisory committee

140 Advisory committee may provide advice

141 Council must invite and have regard to advice

142 Procedure and meetings of advisory committee

143 Advisory committee may request information

144 Other obligations under Resource Management Act 1991

Subpart 14Wairau Boulder Bank conservation management plan

145 Preparation of conservation management plan

Part 3
Commercial redress

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

146 The Crown may transfer properties

147 Registrar-General to create computer freehold register

148 Application of other enactments

149 Transfer of certain deferred selection properties

150 Transfer of Nelson High/District Courthouse

151 Transfer of properties subject to lease

Subpart 2Unlicensed land

152 Transfer of unlicensed land as deferred selection RFR land

153 Application of rest of subpart

154 Effect of transfer of unlicensed land

155 Management of marginal strips

Subpart 3Right of access to protected sites

156 Application of subpart

157 Interpretation

158 Right of access to protected site

159 Right of access subject to registered lease

160 Notation on computer freehold register

Subpart 4Right of first refusal in relation to RFR land

Interpretation

161 Interpretation

162 Meaning of RFR land

Restrictions on disposal of RFR land

163 Restrictions on disposal of RFR land

Trustees' right of first refusal

164 Requirements for offer

165 Expiry date of offer

166 Withdrawal of offer

167 Acceptance of offer

168 Formation of contract

Disposals to others where land remains RFR land

169 Disposals to the Crown or Crown bodies

170 Disposals of existing public works to local authorities

171 Disposals of reserves to administering bodies

Disposals to others where land may cease to be RFR land

172 Disposals in accordance with enactment or rule of law

173 Disposals in accordance with legal or equitable obligation

174 Disposals under certain legislation

175 Disposals of land held for public works

176 Disposals for reserve or conservation purposes

177 Disposals for charitable purposes

178 Disposals to tenants

179 Disposals by Housing New Zealand Corporation

180 RFR landowner's obligations subject to other things

Notices

181 Notice to LINZ of certain RFR land with computer register

182 Notice to trustees of potential disposal of RFR land

183 Notice to trustees of disposals of RFR land to others

184 Notice to LINZ of land ceasing to be RFR land

185 Notice requirements

Memorials for RFR land

186 Recording memorials on computer registers for RFR land

187 Removal of memorials when land to be transferred or vested

188 Removal of memorials when RFR period ends

General provisions

189 Waiver and variation

190 Disposal of Crown bodies not affected

191 Assignment of rights and obligations under this subpart

Part 4
Preliminary matters and settlement of historical claims

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

192 Purpose

193 Provisions take effect on settlement date

194 Act binds the Crown

195 Outline

196 Historical accounts and the Crown's acknowledgements and apologies

Historical account, acknowledgements, and apology for Ngāti Kōata

197 Summary of historical account for Ngāti Kōata

198 Text of acknowledgements for Ngāti Kōata

199 Text of apology for Ngāti Kōata

Historical account, acknowledgements, and apology for Ngāti Rārua

200 Summary of historical account for Ngāti Rārua

201 Text of acknowledgements for Ngāti Rārua

202 Text of apology for Ngāti Rārua

Historical account, acknowledgements, and apology for Ngāti Tama ki Te Tau Ihu

203 Summary of historical account for Ngāti Tama ki Te Tau Ihu

204 Text of acknowledgements for Ngāti Tama ki Te Tau Ihu

205 Text of apology for Ngāti Tama ki Te Tau Ihu

Historical account, acknowledgements, and apology for Te Ātiawa o Te Waka-a-Māui

206 Summary of historical account for Te Ātiawa o Te Waka-a-Māui

207 Text of acknowledgements for Te Ātiawa o Te Waka-a-Māui

208 Text of apology for Te Ātiawa o Te Waka-a-Māui

Subpart 2Interpretation

209 Interpretation of Act generally

210 Interpretation

211 Interpretation: iwi and trusts

212 Meaning of Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui

213 Meaning of historical claims

Subpart 3Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

214 Settlement of historical claims final

Consequential amendment to Treaty of Waitangi Act 1975

215 Amendment to Treaty of Waitangi Act 1975

Protections no longer apply

216 Certain enactments do not apply

217 Removal of memorials

Subpart 4Other matters

218 Rule against perpetuities does not apply

219 Access to deeds of settlement

220 Provisions of other Acts that have same effect

Part 5
Cultural redress

Subpart 1Protocols

General provisions

221 Interpretation

222 Issue, amendment, and cancellation of protocols

223 Protocols subject to rights, functions, and obligations

224 Enforceability of protocols

225 Limitation of rights

Noting of conservation, fisheries, and minerals protocols

226 Noting of conservation protocols

227 Noting of fisheries protocols

228 Noting of minerals protocols

Subpart 2Statutory acknowledgement and deeds of recognition

Statutory acknowledgement

229 Interpretation

230 Statutory acknowledgement by the Crown

231 Purposes of statutory acknowledgement

232 Relevant consent authorities to have regard to statutory acknowledgement

233 Environment Court to have regard to statutory acknowledgement

234 Historic Places Trust and Environment Court to have regard to statutory acknowledgement

235 Recording statutory acknowledgement on statutory plans

236 Provision of summaries or notices of certain applications to relevant trustees

237 Use of statutory acknowledgement

238 Relevant trustees may waive rights

Deeds of recognition

239 Issue and amendment of deeds of recognition

General provisions

240 Application to river or stream

241 Exercise of powers and performance of functions and duties

242 Rights not affected

243 Limitation of rights

Consequential amendment to Resource Management Act 1991

244 Amendment to Resource Management Act 1991

Subpart 3Overlay classification

245 Interpretation

246 Declaration of overlay classification

247 Acknowledgement by the Crown of statements of iwi values

248 Purposes of overlay classification

249 Agreement on protection principles

250 New Zealand Conservation Authority and Conservation Boards to have particular regard to certain matters

251 New Zealand Conservation Authority and Conservation Boards to consult relevant trustees

252 Conservation management strategy

253 Noting of overlay classification

254 Notification in Gazette

255 Actions by Director-General

256 Amendment to strategy or plan

257 Regulations

258 Bylaws

259 Existing classification of overlay sites

260 Termination of overlay classification

261 Exercise of powers and performance of functions and duties

262 Rights not affected

263 Limitation of rights

Subpart 4Vesting of cultural redress properties

264 Interpretation

Sites that vest in fee simple

265 Catherine Cove

266 Whangarae Bay (Okiwi Bay)

267 Glenhope (Kawatiri)

268 Kawatiri Confluence

269 Wairau Pā

270 Rārangi (Ngāti Rārua)

271 Wainui urupā

272 Tapu Bay (Kaiteriteri)

273 Umukuri Bay urupā (Arapaoa Island)

274 Tapu Bay (Motueka)

275 Pūponga Farm, Cape House

276 Pūponga Farm, Triangle Flat

277 Puketawai

Sites that vest in fee simple subject to conservation covenant

278 Lucky Bay

279 Whangarae Estuary

280 Wharf Road (Okiwi Bay)

281 Te Tai Tapu (Snake Creek)

282 Coombe Rocks

283 Hori Bay

284 Pakawau Inlet

285 Onauku Bay (Arapaoa Island)

286 Anatoia Islands

287 Te Tai Tapu (Anatori South)

288 Te Tai Tapu (Anatori North)

Sites that vest in fee simple to be administered as reserves

289 Moukirikiri Island

290 Pah Point (Whanganui Inlet)

291 Waikutakuta / Robin Hood Bay

292 Tākaka River Mouth

293 Parapara Peninsula

294 Momorangi Point

295 Wedge Point

296 Ngākuta Point

297 Ngaruru (Arapaoa Island)

298 Arapawa Māori Rowing Club site

299 Katoa Point

300 Moioio Island

301 Pūponga Point Pā site

302 Mātangi Āwhio (Nelson)

303 Pukatea / Whites Bay

304 Horahora-kākahu

305 Tokomaru / Mount Robertson

Subpart 5General provisions relating to vesting of cultural redress properties

General provisions

306 Properties are subject to, or benefit from, interests

307 Interests in land for reserve sites that are jointly vested sites

308 Interests that are not interests in land

309 Registration of ownership

310 Application of Part 4A of Conservation Act 1987

311 Recording application of Part 4A of Conservation Act 1987, sections of this Act, and fencing covenant

312 Application of other enactments

Provisions relating to reserve sites

313 Application of Reserves Act 1977 to reserve sites

314 Joint management body for Pūponga Point Pā site

315 Joint management body for Pukatea / Whites Bay and Horahora-kākahu

316 Joint management body for Tokomaru / Mount Robertson

317 Subsequent transfer of reserve sites (other than jointly vested sites)

318 Subsequent transfer of jointly vested sites

319 No mortgage of reserve land

320 Saving of bylaws, etc, in relation to reserve sites

321 Names of Crown protected areas and reserve sites

Subpart 6Delayed vesting of cleared land

322 Interpretation

323 French Pass School and teachers' residence

324 Registration of ownership of cleared land

325 Application of other enactments to cleared land

Subpart 7Vesting and gifting back of properties

326 Vesting and gifting back of Kaka Point

327 Vesting and gifting back of Te Tai Tapu

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

328 Easement over part of D'Urville Island Scenic Reserve

Subpart 9Geographic names

329 Interpretation

330 New names of features

331 Publication of new names

332 Alteration of new names

Subpart 10Minerals fossicking right

333 Interpretation

334 Authorisation to search for and remove sand, shingle, or other natural material

335 Access to riverbed to search for and remove sand, shingle, or other natural material

336 Obligations if accessing riverbed

337 Relationship with other enactments

Subpart 11Statutory advisers

338 Interpretation

339 Statutory advisers may advise Minister of Conservation and Director-General

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

340 Interpretation

341 Statutory kaitiaki may advise Minister of Conservation and Director-General

342 Preparation of kaitiaki plan

343 Effect of kaitiaki plan on council

344 Limitation of rights

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

345 Acknowledgement of historical association with West of Separation Point / Te Matau

Subpart 14River and freshwater advisory committee

346 Advisory committee established

347 Appointment of members to advisory committee

348 Advisory committee may provide advice

349 Council must invite and have regard to advice

350 Procedure and meetings of advisory committee

351 Advisory committee may request information

352 Other obligations under Resource Management Act 1991

Part 6
Commercial redress

Subpart 1Transfer of commercial redress properties and deferred selection properties

353 The Crown may transfer properties

354 Registrar-General to create computer freehold register

355 Minister of Conservation may grant easements

356 Application of other enactments

357 Transfer of certain commercial redress properties and deferred selection properties

358 Transfer of properties subject to lease

Subpart 2Licensed properties and unlicensed land

Licensed properties

359 Interpretation

360 Licensed property ceases to be Crown forest land

361 Trustees confirmed beneficiaries and licensors in relation to licensed property

362 Effect of transfer of licensed property

Unlicensed land

363 Unlicensed land

364 Management of marginal strips

Subpart 3Right of access to protected sites

365 Interpretation

366 Right of access to protected site

367 Right of access subject to Crown forestry licence and registered lease

368 Notation on computer freehold register

Subpart 4Right of first refusal in relation to RFR land

Interpretation

369 Interpretation

370 Meaning of RFR land

Restrictions on disposal of RFR land

371 Restrictions on disposal of RFR land

Trustees' right of first refusal

372 Requirements for offer

373 Expiry date of offer

374 Withdrawal of offer

375 Acceptance of offer

376 Formation of contract

Disposals to others where land remains RFR land

377 Disposals to the Crown or Crown bodies

378 Disposals of existing public works to local authorities

379 Disposals of reserves to administering bodies

Disposals to others where land may cease to be RFR land

380 Disposals in accordance with enactment or rule of law

381 Disposals in accordance with legal or equitable obligation

382 Disposals under certain legislation

383 Disposals of land held for public works

384 Disposals for reserve or conservation purposes

385 Disposals for charitable purposes

386 Disposals to tenants

387 Disposals by Housing New Zealand Corporation

388 RFR landowner's obligations subject to other things

Notices

389 Notice to LINZ of certain RFR land with computer register

390 Notice to trustees of potential disposal of RFR land

391 Notice to trustees of disposals of RFR land to others

392 Notice to LINZ of land ceasing to be RFR land

393 Notice requirements

Memorials for RFR land

394 Recording memorials on computer registers for RFR land

395 Removal of memorials when land to be transferred or vested

396 Removal of memorials when RFR period ends

General provisions

397 Waiver and variation

398 Disposal of Crown bodies not affected

399 Assignment of rights and obligations under this subpart

Part 7
Transitional matters for Ngāti Tama ki Te Tau Ihu—governance reorganisation and taxation

Subpart 1Governance reorganisation

400 Interpretation

Dissolution of charitable trust board

401 Dissolution of charitable trust board

402 Vesting of assets and liabilities of charitable trust board

403 Assets and liabilities of subsidiary freed of charitable purposes

404 Final annual report of charitable trust board

General matters relating to dissolution of charitable trust board

405 Matters not affected by transfer

406 Status of contracts and other instruments

407 Status of existing securities

408 Books and documents to remain evidence

409 Registers

Employees of charitable trust board

410 Transfer of employees

411 Protection of terms and conditions of employment

412 Continuity of employment

413 No compensation for technical redundancy

Subpart 2Transitional taxation provisions

414 Application of this subpart

415 Taxation in respect of transfer of assets and liabilities of charitable trust board

Election by NTTW trustees to be Maori authority

416 Election by NTTW trustees to be Maori authority

Subsidiary

417 Taxation in respect of assets and liabilities of subsidiary

418 Election by subsidiary to be Maori authority

Part 8
Preliminary matters and settlement of historical claims

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

419 Purpose

420 Provisions take effect on settlement date

421 Act binds the Crown

422 Outline

423 Historical account and the Crown's acknowledgements and apology

424 Summary of historical account

425 Text of acknowledgements

426 Text of apology

Subpart 2Interpretation

427 Interpretation of Act generally

428 Interpretation

429 Interpretation: iwi and trusts

430 Meaning of Ngati Toa Rangatira

431 Meaning of historical claims

Subpart 3Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

432 Settlement of historical claims final

Consequential amendment to Treaty of Waitangi Act 1975

433 Amendment to Treaty of Waitangi Act 1975

Protections no longer apply

434 Certain enactments do not apply

435 Removal of memorials

Subpart 4Other matters

436 Rule against perpetuities does not apply

437 Access to deed of settlement

438 Provisions of other Acts that have same effect

439 Amendment to Fisheries (South Island Customary Fishing) Regulations 1999

Part 9
Cultural redress

Subpart 1Statutory acknowledgement and deeds of recognition

Statutory acknowledgement

440 Interpretation

441 Statutory acknowledgement by the Crown

442 Purposes of statutory acknowledgement

443 Relevant consent authorities to have regard to statutory acknowledgement

444 Environment Court to have regard to statutory acknowledgement

445 Historic Places Trust and Environment Court to have regard to statutory acknowledgement

446 Recording statutory acknowledgement on statutory plans

447 Provision of summaries or notices of certain applications to trustee

448 Use of statutory acknowledgement

449 Trustee may waive rights

Deeds of recognition

450 Issue and amendment of deeds of recognition

General provisions

451 Application to river or stream

452 Exercise of powers and performance of functions and duties

453 Rights not affected

454 Limitation of rights

Consequential amendment to Resource Management Act 1991

455 Amendment to Resource Management Act 1991

Subpart 2Nga paihau

456 Interpretation

457 Declaration of nga paihau

458 Acknowledgement by the Crown of statements of iwi values

459 Purposes of nga paihau

460 Agreement on protection principles

461 New Zealand Conservation Authority and Conservation Boards to have particular regard to certain matters

462 New Zealand Conservation Authority and Conservation Boards to consult trustee

463 Conservation management strategy

464 Noting of nga paihau

465 Notification in Gazette

466 Actions by Director-General

467 Amendment to strategy or plan

468 Regulations

469 Bylaws

470 Existing classification of nga paihau sites

471 Termination of nga paihau

472 Exercise of powers and performance of functions and duties

473 Rights not affected

474 Limitation of rights

Subpart 3Vesting of cultural redress properties

475 Interpretation

Sites that vest in fee simple

476 Rarangi (Ngati Toa Rangatira)

477 Akatarawa Road conservation area

478 Former Tuamarina school house

479 Rangihaeata

480 Pelorus Bridge

481 Titahi Bay Road site A

482 Titahi Bay Road site B

Sites that vest in fee simple subject to conservation covenant

483 Waikutakuta / Robin Hood Bay

484 Elaine Bay

Sites that vest in fee simple to be administered as reserves

485 Whitianga site

486 Te Mana a Kupe

487 Taputeranga Island

488 Onehunga Bay

489 Wainui

490 Te Onepoto Bay

491 Te Arai o Wairau

492 Pukatea / Whites Bay

493 Horahora-kākahu

494 Tokomaru / Mount Robertson

Sites that vest in fee simple to be held as Maori reservations

495 Taupo urupa

496 Whitireia urupa

Subpart 4General provisions relating to vesting of cultural redress properties

General provisions

497 Properties are subject to, or benefit from, interests

498 Interests in land for certain reserve sites

499 Interests that are not interests in land

500 Registration of ownership

501 Application of Part 4A of Conservation Act 1987

502 Recording application of Part 4A of Conservation Act 1987 and sections of this Act

503 Application of other enactments

Provisions relating to reserve sites

504 Application of Reserves Act 1977 to reserve sites

505 Joint management body for Pukatea / Whites Bay and Horahora-kākahu

506 Joint management body for Tokomaru / Mount Robertson

507 Subsequent transfer of Whitianga site, Wainui, or Te Arai o Wairau

508 Subsequent transfer of Te Mana a Kupe

509 Subsequent transfer of Taputeranga Island

510 Subsequent transfer of Onehunga Bay or Te Onepoto Bay

511 Subsequent transfer of jointly vested sites

512 No mortgage of reserve land

513 Saving of bylaws, etc, in relation to reserve sites

514 Names of Crown protected areas and reserve sites

Repeal and amendment

515 Consequential repeal of certain sections of Wellington City Empowering and Amendment Act 1927

Subpart 5Geographic names

516 Interpretation

517 New names of features

518 Publication of new names

519 Alteration of new names

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

520 Interpretation

521 Notice appointing vesting date for balance of Mana Island

522 Delayed vesting and gifting back of balance of Mana Island

Subpart 7Kapiti Island redress

523 Interpretation

Kapiti Island site

524 Kapiti Island site

525 Right of access over reserves to Kapiti Island site

526 Registration of ownership of Kapiti Island site

527 Application of enactments to Kapiti Island site

Kapiti Island North Nature Reserve site

528 Kapiti Island North Nature Reserve site

529 Registration of ownership of Kapiti Island North Nature Reserve site

530 Application of enactments to Kapiti Island North Nature Reserve site

531 Change of named registered proprietor of Kapiti Island North Nature Reserve site

532 Trustee may divest all or part of Kapiti Island North Nature Reserve site

533 Vesting of Kapiti Island North Nature Reserve balance site

Kapiti Island Nature Reserve site

534 Notice appointing vesting date for Kapiti Island Nature Reserve site

535 Delayed vesting and gifting back of Kapiti Island Nature Reserve site

536 Recording right of access on register for Kapiti Island Nature Reserve site

Strategic advisory committee for Kapiti Island reserve sites

537 Strategic advisory committee established

538 Appointment of members to strategic advisory committee

539 Interim members of strategic advisory committee

540 Functions of strategic advisory committee

541 Procedure and meetings of strategic advisory committee

542 Quorum at meetings of strategic advisory committee

Consultation with and advice provided by strategic advisory committee

543 Strategic advisory committee may provide advice on conservation matters

544 Strategic advisory committee to be consulted, and may provide advice, on annual planning

545 Strategic advisory committee may provide advice on burial caves at Wharekohu Bay

546 Conservation management strategy that affects Kapiti Island reserve site

547 General provision about advice

Conservation management plan for Kapiti Island reserve sites

548 Interpretation

549 Process for preparation and approval of Kapiti Island plan

550 Preparation of draft plan

551 Notification of draft plan

552 Submissions on draft plan

553 Hearing of submissions

554 Revision of draft plan

555 Referral of draft plan to Conservation Authority and Minister

556 Approval of draft plan

557 Referral of disagreement to Conservation Authority

558 Mediation of disagreement

559 Review of Kapiti Island plan

560 Amendment of Kapiti Island plan

Subpart 8Poutiaki plan

561 Interpretation

562 Preparation of poutiaki plan

563 Effect on relevant councils

564 Limitation of rights

Subpart 9Whitireia Park redress

565 Interpretation

566 Joint board established

567 Joint board is administering body of reserves

568 Application for statutory authorisation over additional reserve

569 Interests in favour of additional reserves

570 Management plan

571 Procedure and meetings of joint board

572 Trustee may become administering body of additional reserve

Subpart 10Queen Elizabeth Park campground site

573 Interpretation

574 Change of reserve classification and appointment of administering body

575 Improvements on campground site

576 Management of site and income

577 Revocation of appointment of administering body

Subpart 11River and freshwater advisory committee

578 Advisory committee established

579 Appointment of members to advisory committee

580 Advisory committee may provide advice

581 Council must invite and have regard to advice

582 Procedure and meetings of advisory committee

583 Advisory committee may request information

584 Other obligations under Resource Management Act 1991

Part 10
Commercial redress

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

585 The Crown may transfer properties

586 Registrar-General to create computer freehold register

587 Minister of Conservation may grant easements

588 Application of other enactments

589 Transfer of commercial redress property for no consideration

590 Transfer of properties subject to lease

Subpart 2Licensed properties

591 Interpretation

592 Licensed property ceases to be Crown forest land

593 Trustee confirmed beneficiary and licensor in relation to licensed property

594 Effect of transfer of licensed property

Subpart 3Right of access to protected sites

595 Interpretation

596 Right of access to protected site

597 Right of access subject to Crown forestry licence

598 Notation on computer freehold register

Subpart 4Right of first refusal in relation to RFR land

Interpretation

599 Interpretation

600 Meaning of RFR land

Restrictions on disposal of RFR land

601 Restrictions on disposal of RFR land

Trustees' right of first refusal

602 Requirements for offer

603 Expiry date of offer

604 Withdrawal of offer

605 Acceptance of offer

606 Formation of contract

Disposals to others where land remains RFR land

607 Disposals to the Crown or Crown bodies

608 Disposals of existing public works to local authorities

609 Disposals of reserves to administering bodies

Disposals to others where land may cease to be RFR land

610 Disposals in accordance with enactment or rule of law

611 Disposals in accordance with legal or equitable obligation

612 Disposals under certain legislation

613 Disposals of land held for public works

614 Disposals for reserve or conservation purposes

615 Disposals for charitable purposes

616 Disposals to tenants

617 Disposals by Housing New Zealand Corporation

618 Disposals by Capital and Coast District Health Board

619 RFR landowner's obligations subject to other things

Notices

620 Notice to trustees if land becomes RFR land

621 Notice to LINZ of certain RFR land with computer register

622 Notice to trustees of potential disposal of RFR land

623 Notice to trustees of disposals of RFR land to others

624 Notice to LINZ of land ceasing to be RFR land

625 Notice to LINZ of transfer of certain deferred selection RFR land to trustees

626 Notice requirements

Memorials for RFR land

627 Recording memorials on computer registers for RFR land

628 Removal of memorials when land to be transferred or vested

629 Removal of memorials when RFR period ends

General provisions

630 Waiver and variation

631 Disposal of Crown bodies not affected

632 Assignment of rights and obligations under this subpart

Part 11
Haka Ka Mate attribution

633 Purpose

634 Provisions take effect on settlement date

635 Act binds the Crown

636 Interpretation of Act generally

637 Interpretation

638 Acknowledgements by the Crown

639 Right of attribution

640 Right of attribution applies to certain things

641 Remedy for failure to attribute

642 Review of this Act

Schedule 1
Statutory areas

Schedule 2
Overlay sites

Schedule 3
Cultural redress properties

Schedule 4
Notices in relation to RFR land

Schedule 5
Statutory areas

Schedule 6
Overlay sites

Schedule 7
Cultural redress properties

Schedule 8
Properties for delayed vesting or vesting and gifting back

Schedule 9
Notices in relation to RFR land

Schedule 10
Statutory areas

Schedule 11
Nga paihau sites

Schedule 12
Cultural redress properties

Schedule 13
Kapiti Island redress

Schedule 14
Notices in relation to RFR land

Schedule 15
Statement relating to Ka Mate


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Te Tau Ihu Claims Settlement Act 2013.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1
Preliminary matters and settlement of historical claims

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

3 Purpose
  • The purpose of Parts 1 to 3 is to give effect to certain provisions of the deeds of settlement that settle the historical claims of Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau.

4 Provisions take effect on settlement date
  • (1) The provisions of Parts 1 to 3 take effect on the settlement date unless a provision states otherwise.

    (2) Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required—

    • (a) for the provision to have full effect on that date; or

    • (b) for a power to be exercised, or for a duty to be performed, under the provision on that date.

5 Act binds the Crown
  • Parts 1 to 3 bind the Crown.

6 Outline
  • (1) This section is a guide to the overall scheme and effect of Parts 1 to 3, but does not affect the interpretation or application of the other provisions of Parts 1 to 3 or the deeds of settlement.

    (2) This Part—

    • (a) sets out the purpose of Parts 1 to 3 and specifies that Parts 1 to 3 bind the Crown; and

    • (b) provides that the provisions of Parts 1 to 3 take effect on the settlement date unless a provision states otherwise; and

    • (c) specifies that Parts 1 to 3 bind the Crown; and

    • (d) summarises the historical accounts from the deeds of settlement and records the acknowledgements and the apology given by the Crown in the deeds; and

    • (e) defines terms used in Parts 1 to 3, including key terms such as Ngāti Apa ki te Rā Tō, Ngāti Kuia, Rangitāne o Wairau, and historical claims; and

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

    • (g) 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) a consequential amendment 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; and

      • (v) access to the deeds of settlement.

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

    • (a) the issuing of protocols to the trustees of the settlement trusts by the Minister of Conservation, the Minister for Primary Industries, the Minister of Energy and Resources, and the Minister for Arts, Culture and Heritage; and

    • (b) a statutory acknowledgement by the Crown of the statements made by the settlement iwi of their cultural, spiritual, historical, and traditional associations with certain statutory areas; and

    • (c) provision for deeds of recognition issued by the Crown to the trustees of the settlement trusts; and

    • (d) the application of an overlay classification to certain overlay sites by the Crown's acknowledgement of the values of the settlement iwi in relation to the relevant sites; and

    • (e) the vesting of cultural redress properties in the trustees of each settlement trust, in some cases jointly with each other or with the trustees of trusts for iwi under related settlements; and

    • (f) the vesting of the alpine tarns in the trustees of the Ngāti Apa ki te Rā Tō Trust, and the vesting of the tarns back to the Crown as a gift from the trustees; and

    • (g) the vesting of Te Tai Tapu in the trustees of the Ngāti Apa ki te Rā Tō Trust (jointly with the trustees of trusts for iwi under a related settlement), and the vesting of the site back to the Crown as a gift from the trustees; and

    • (h) the alteration and assignment of names for certain geographic features; and

    • (i) 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 provision for customary use of the eels; and

    • (j) the Crown's acknowledgement of the association of Ngāti Kuia and Rangitāne o Wairau with pakohe, provision for iwi members to remove pakohe from certain riverbeds by hand, and a requirement for the Director-General to consult in relation to pakohe; and

    • (k) provision for members of the settlement iwi to remove natural material from certain riverbeds by hand; and

    • (l) the appointment of the trustees of the Te Runanga o Ngāti Kuia Trust as statutory kaitiaki of Tītī Island and the Chetwode Islands, and provision for the customary use of tītī by members of Ngāti Kuia and Rangitāne o Wairau; and

    • (m) the Crown's recognition of the historical association of Rangitāne o Wairau with Endeavour Inlet; and

    • (n) the establishment of an iwi advisory committee to provide advice on the management of rivers and fresh water within the regions of certain councils, with members appointed by the trustees of the settlement trusts, the related settlement trusts, and the Toa Rangatira Trust; and

    • (o) the preparation of a conservation management plan for the historic reserve being created over the Wairau Boulder Bank, with certain decisions about the plan being made jointly by the Nelson/Marlborough Conservation Board and the trustees of the Rangitāne o Wairau Settlement Trust.

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

    • (a) authorisation for the transfer of commercial properties, deferred selection properties (which may include the unlicensed land), and any Woodbourne land to the trustees of each settlement trust to give effect to the deeds of settlement; and

    • (b) provision for a right of access to certain protected sites on the unlicensed land; and

    • (c) a right of first refusal in relation to RFR land that may be exercised by the trustees of the settlement trusts (and, in some cases, the trustees of the related settlement trusts and the Toa Rangatira Trust).

    (5) There are 4 schedules, as follows:

    • (a) Schedule 1 describes the statutory areas to which the statutory acknowledgement relates and, in some cases, for which deeds of recognition are issued:

    • (b) Schedule 2 describes the overlay sites to which the overlay classification applies:

    • (c) Schedule 3 describes the cultural redress properties:

    • (d) Schedule 4 sets out provisions that apply to notices given in relation to RFR land.

7 Historical accounts and the Crown's acknowledgements and apologies
  • (1) Section 8 summarises the historical account from the deed of settlement for Ngāti Apa ki te Rā Tō, which provides a background to the deed of settlement.

    (2) Sections 9 and 10 record the acknowledgements and the apology given by the Crown to Ngāti Apa ki te Rā Tō in the deed of settlement for Ngāti Apa ki te Rā Tō.

    (3) Section 11 summarises the historical account from the deed of settlement for Ngāti Kuia, which provides a background to the deed of settlement.

    (4) Sections 12 and 13 record the acknowledgements and the apology given by the Crown to Ngāti Kuia in the deed of settlement for Ngāti Kuia.

    (5) Section 14 summarises the historical account from the deed of settlement for Rangitāne o Wairau, which provides a background to the deed of settlement.

    (6) Sections 15 and 16 record the acknowledgements and the apology given by the Crown to Rangitāne o Wairau in the deed of settlement for Rangitāne o Wairau.

Historical account, acknowledgements, and apology for Ngāti Apa ki te Rā Tō

8 Summary of historical account for Ngāti Apa ki te Rā Tō
  • The historical account set out in the deed of settlement for Ngāti Apa ki te Rā Tō (Ngāti Apa) is summarised as follows:

    (1) Ngāti Apa have resided in the northern South Island for many generations. At 1820 Ngāti Apa occupied and used resources in the outer Marlborough Sounds at Anamahanga (Port Gore), Waimea, Whakatu (Nelson), Te Tai Aorere (Golden Bay), Te Tai Tapu (Tasman Bay, Whanganui and the northern West Coast) and down to the Kawatiri region. In the 1820s and 1830s iwi from the North Island invaded and settled in the northern South Island. Although Ngāti Apa no longer had exclusive possession of all their territory they retained their tribal structures, chiefly lines and ancestral connections to the land. There was also opportunity for the recovery of status and the revival of rights as British rule began to take effect after 1840.

    (2) In 1839 the New Zealand Company signed deeds with Māori that purported to purchase the entire northern South Island. Ngāti Apa were not consulted by the Company. The validity of the Company's purchases was investigated in 1844 by a Crown-appointed Commissioner. The Commissioner found that the Company had made a limited purchase of land in the northern South Island and recommended a grant of 151 000 acres. The Crown failed to investigate the rights of Ngāti Apa before granting land to the Company. The Company also made an additional payment to Te Tau Ihu Māori in 1844. Ngāti Apa did not directly receive a share of this payment for their interests or a share in the Nelson Tenths reserves that were set aside from the land granted to the Company.

    (3) Between 1847 and 1856 the Crown sought to purchase most of the remaining Māori land in the northern South Island. Despite the Crown being aware that Ngāti Apa claimed rights in some of the areas that were being purchased, Ngāti Apa were not included in any of the transactions. Consequently Ngāti Apa, in contrast to all the other northern South Island iwi, received no payment for the alienation of their land, and no reserves were set aside for them.

    (4) Ngāti Apa received some recognition in the 1860 Arahura (West Coast) purchase. The Ngāti Apa rangatira Pūaha Te Rangi was a signatory to the deed. Ngāti Apa received a small share of the purchase price and several occupation reserves were set aside for them. The reserves were insufficient for the present and future needs of the iwi. In the first half of the twentieth century Ngāti Apa obtained a beneficial share in several endowment reserves on the West Coast. For various reasons, including inefficient Māori and Public Trustee administration, Ngāti Apa did not obtain significant economic benefit from these reserves. During the twentieth century Ngāti Apa occupation and endowment reserves were reduced through public works and scenery preservation takings and sales by their owners.

    (5) In 1977 the remaining reserves on the West Coast were transferred to the Mawhera Incorporation. This included the Westport town sections in which Ngāti Apa held a nine-tenths interest. The 1973 Commission of Inquiry into Māori Reserved Lands had earlier put forward two options for the future management of the Westport sections—if the owners desired, the lands might be included in an incorporation, together with other West Coast reserves; or two owner representatives might work with the Māori Trustee to determine the future administration of the sections. The Crown did not consult separately with the Ngāti Apa owners and did not offer them the option of working with the Māori Trustee. Following the transfer of the Westport and other Ngāti Apa reserves to Mawhera the Ngāti Apa owners became shareholders in the Incorporation but no longer controlled the land and could not utilise it for tribal or community purposes.

    (6) In 1883 and 1892 the Native Land Court investigated the ownership of land that had been excluded from Crown purchases and the Nelson Tenths reserves. Ngāti Apa made several claims before the Court. In the Te Tai Tapu and Nelson Tenths ownership investigations the Court deemed that Ngāti Apa did not have rights and they were excluded from ownership. In 1889 the Court granted Ngāti Apa two small reserves at Anamahanga (Port Gore). When the larger of the reserves was sold in 1929 the remaining reserve of 5 acres was the only land remaining in Ngāti Apa ownership outside the West Coast.

    (7) By the late nineteenth century, Ngāti Apa were landless. The Crown attempted to alleviate their position through the provision of “Landless Natives Reserves”. Hoani Mahuika of Ngāti Apa petitioned the Crown to provide additional land in the Kawatiri region. Ngāti Apa individuals were allocated land at Whakapoai on the West Coast but the Crown never granted them title to the land. Ultimately the reserves scheme did nothing to alleviate the landless position of Ngāti Apa in the northern South Island.

9 Text of acknowledgements for Ngāti Apa ki te Rā Tō
  • The text of the acknowledgements set out in the deed of settlement for Ngāti Apa ki te Rā Tō (Ngāti Apa) is as follows:

    (1) The Crown acknowledges that it has failed to deal with the long-standing grievances of Ngāti Apa in an appropriate way and that recognition of these grievances is long overdue. The Crown further acknowledges that at relevant times it has failed to carry out an adequate inquiry into the nature and extent of Ngāti Apa customary rights and interests. This meant that the Crown failed to recognise or protect Ngāti Apa rights and interests to their full extent, which resulted in prejudice to the iwi. This was a breach of the Treaty of Waitangi and its principles.

    (2) The Crown acknowledges that it failed to adequately investigate the customary rights of Ngāti Apa before granting land to the New Zealand Company. As a result the Crown did not consult, negotiate with, and compensate Ngāti Apa for their rights in those lands. The Crown failed to actively protect the interests of Ngāti Apa and this was a breach of the Treaty of Waitangi and its principles.

    (3) The Crown failed to adequately protect the interests of Ngāti Apa when it arranged the completion of the New Zealand Company's Nelson purchase and did not establish a process in a timely manner that ensured Ngāti Apa received consideration, including a share in the tenths, for this purchase. This was a breach of the Treaty of Waitangi and its principles.

    (4) The Crown acknowledges that its failure to adequately investigate the rights of Ngāti Apa at the time of the Spain Commission and protect the interests of Ngāti Apa when completing the Company's Nelson purchase had an ongoing effect on Ngāti Apa. From this point, the ability of Ngāti Apa to represent and protect their interests, including at pivotal Native Land Court cases in 1883 and 1892, and to maintain their connections to the whenua, was significantly impacted. The Crown acknowledges that this negative impact has continued down to the present day.

    (5) The Crown acknowledges that it failed to investigate and recognise Ngāti Apa customary rights or deal with the iwi when it embarked on a series of purchases in Te Tau Ihu between 1847 and 1856. Ngāti Apa were afforded minimal recognition in the 1860 Arahura purchase. The Crown acknowledges that—

    • (a) Ngāti Apa received no payment for the alienation of their land in Crown purchases carried out between 1847–1856; and

    • (b) it did not acquire the Ngāti Apa interests in land it later treated as purchased; and

    • (c) no reserves were set aside for Ngāti Apa from the Crown's Waipounamu purchase; and

    • (d) the occupation reserves set aside for Ngāti Apa in connection with the Crown's Arahura purchase were insufficient for the present and future needs of Ngāti Apa and that over time these reserves were subject to further alienation.

    The Crown acknowledges that these failures were in breach of the Treaty of Waitangi and its principles.

    (6) The Crown acknowledges that in purchasing almost the entire Te Tau Ihu region, Ngāti Apa were the only iwi in Te Tau Ihu the Crown did not sign a purchase deed with or provide with reserves.

    (7) The Crown acknowledges that Ngāti Apa received little economic return from the endowment reserves granted to them on the West Coast.

    (8) The Crown acknowledges that it failed to adequately consult the Ngāti Apa owners of West Coast reserves between Kahurangi Point and Westport about the future management of those lands. This included failing to present the Westport town section owners with the full range of options recommended by the 1973 Commission of Inquiry into Maori Reserved Land. All Ngāti Apa's remaining West Coast reserves were subsequently vested in the Greymouth-based Mawhera Incorporation. Ngāti Apa owners became shareholders in the Incorporation, but lost control of their lands. This gave rise to a grievance which is still keenly felt by Ngāti Apa today.

    (9) The Crown acknowledges that members of Ngāti Apa were never issued title to land allocated to them at Whakapoai under the “landless natives” scheme. The Crown's failure to effectively implement the scheme meant that it did nothing to alleviate the landless position of Ngāti Apa in Te Tau Ihu. This failure was a breach of the Treaty of Waitangi and its principles.

    (10) The Crown acknowledges that its actions have impacted on the ability of Ngāti Apa to access many of their traditional resources, including the rivers, lakes, forests, and wetlands. The Crown also acknowledges that Ngāti Apa have lost control of many of their significant sites, including wahi tapu, and that this has had an ongoing impact on their physical and spiritual relationship with the land.

    (11) The Crown acknowledges that by 1900 Ngāti Apa were a landless iwi. The Crown failed to ensure that Ngāti Apa were left with sufficient land for their present and future needs and this failure was a breach of the Treaty of Waitangi and its principles.

10 Text of apology for Ngāti Apa ki te Rā Tō
  • The text of the apology set out in the deed of settlement for Ngāti Apa ki te Rā Tō (Ngāti Apa) is as follows:

    (1) The Crown makes the following apology to Ngāti Apa, and to their ancestors and descendants.

    (2) The Crown is deeply sorry that it has not always fulfilled its obligations to Ngāti Apa under the Treaty of Waitangi and unreservedly apologises to Ngāti Apa for the breaches of the Treaty of Waitangi and its principles acknowledged above.

    (3) The Crown profoundly regrets its failure since 1840 to appropriately acknowledge the mana and rangatiratanga of Ngāti Apa. The Crown's failure to recognise Ngāti Apa in any land purchases in Te Tau Ihu quickly left Ngāti Apa landless and almost wrote the iwi out of the history of Te Tau Ihu. The Crown is deeply sorry that its failure to recognise and protect the interests of Ngāti Apa has had a devastating impact on the social and economic well-being and development of Ngāti Apa.

    (4) The Crown regrets and apologises for the cumulative effect of its actions and omissions, which have had a damaging impact on the social and traditional tribal structures of Ngāti Apa, their autonomy and ability to exercise customary rights and responsibilities, and their access to customary resources and sites of significance.

    (5) Through this apology the Crown seeks to atone for these wrongs, restore its honour, and begin the process of healing. The Crown looks forward to building a new relationship with Ngāti Apa that is based on mutual trust, co-operation, and respect for the Treaty of Waitangi and its principles.

Historical account, acknowledgements, and apology for Ngāti Kuia

11 Summary of historical account for Ngāti Kuia
  • The historical account set out in the deed of settlement for Ngāti Kuia is summarised as follows:

    (1) Ngāti Kuia have resided in Te Tau Ihu o Te Waka a Maui (the northern South Island or the prow of the waka of Maui) for generations. By 1820 Ngāti Kuia were established primarily in the Kaituna, Te Hora, Te Hoiere (the Pelorus area), Rangitoto (D'Urville Island), Whangarae, Whakapuaka, and Whakatū (Nelson) districts. In the 1820s and 1830s iwi from the North Island invaded and settled in Te Tau Ihu. Although Ngāti Kuia no longer had exclusive possession of all their territory they retained their tribal structures, chiefly lines, and ancestral connections to the land. There was also opportunity for the recovery of status and the revival of rights as British rule began to take effect after 1840.

    (2) In 1839 the New Zealand Company signed deeds with Māori that purported to purchase the entire northern South Island. Ngāti Kuia were not consulted by the Company. The validity of the Company's purchases was investigated in 1844 by a Crown-appointed Commissioner. The Commissioner deemed that the Company had made a limited purchase of land in Te Tau Ihu and recommended a grant of 151 000 acres. However, the Crown failed to investigate the rights of Ngāti Kuia before granting land to the Company. The Company also made an additional payment to Te Tau Ihu Māori in 1844. Ngāti Kuia did not directly receive a share of this payment for their interests or a share in the Nelson Tenths reserves that were set aside from the land granted to the Company.

    (3) Between 1847 and 1856 the Crown sought to purchase most of the remaining Māori land in Te Tau Ihu. In 1853 the Crown signed with other iwi the Te Waipounamu deed that purported to purchase all remaining Māori land in the region. Ngāti Kuia were not present at negotiations or signatories to the deed. Under the deed a share of the purchase money was to be distributed among resident Te Tau Ihu Māori. In 1854 Ngāti Kuia at Te Hoiere disputed the idea the Waipounamu deed had acquired their interests in the land and demanded a fair payment directly from the Government. The Crown did not meet with resident Māori to finalise the Te Waipounamu purchase until 1856. The Crown used the 1853 deed to pressure resident Māori, including Ngāti Kuia, to agree to the alienation of their land. In 1856 Ngāti Kuia signed a deed with the Crown and were paid £100 for their interests in Te Tau Ihu and granted reserves in the Te Hoiere district.

    (4) The 790 acres of reserves provided to Ngāti Kuia were insufficient for the iwi to either maintain their customary practices of resource use or develop effectively in the new economy. As a result Ngāti Kuia became economically marginalised. In 1889 the Native Land Court determined ownership of the reserves granted to Ngāti Kuia. Title to the land was given to individual Ngāti Kuia rather than to iwi or hapū collectives. Over time the reserves became increasingly fragmented and uneconomic as individuals sold their shares and as titles became crowded through succession. By the end of the twentieth century Ngāti Kuia retained less than 230 acres of their reserves.

    (5) In 1883 and 1892 the Native Land Court investigated the ownership of land that had been excluded from Crown purchases and the Nelson Tenths reserves. Ngāti Kuia made several claims before the Court. In the Te Tai Tapu and Nelson Tenths ownership investigations the Court deemed that Ngāti Kuia did not have rights and they were excluded from ownership. Ngāti Kuia protested unsuccessfully against the Court's Nelson Tenths decision.

    (6) Ngāti Kuia also made claims to islands in Te Hoiere Sound they considered had not been sold. These included the Tītī Islands, which were an important mahinga kai (harvesting area) for Ngāti Kuia. From 1918 Ngāti Kuia, under an agreement with the Crown, were able to harvest tītī (muttonbirds) and other resources from the islands. From 1960 the Crown denied Ngāti Kuia permission to land on the islands owing to declining numbers of tītī. Ngāti Kuia expressed strong opposition to this decision.

    (7) By the late nineteenth century, Ngāti Kuia were landless. Ngāti Kuia submitted a petition to the Government requesting additional land to live on and described themselves as “the poorest tribe under the Heavens”. The Crown attempted to alleviate their position through the provision of “Landless Natives Reserves”. The reserves, however, were in isolated locations, of poor quality, and generally unable to be developed for effective economic use. Ngāti Kuia were also allocated land on Stewart Island but the Crown never granted them title to the land. Ultimately the reserves granted did little to alleviate the landless position of Ngāti Kuia in Te Tau Ihu.

12 Text of acknowledgements for Ngāti Kuia
  • The text of the acknowledgements set out in the deed of settlement for Ngāti Kuia is as follows:

    (1) The Crown acknowledges that it has failed to deal with the long-standing grievances of Ngāti Kuia in an appropriate way and that recognition of these grievances is long overdue. The Crown further acknowledges that at relevant times it has failed to carry out an adequate inquiry into the nature and extent of Ngāti Kuia customary rights and interests across Te Tau Ihu. This meant that the Crown failed to recognise or protect Ngāti Kuia rights and interests to their full extent, which resulted in prejudice to the iwi. This was a breach of the Treaty of Waitangi and its principles.

    (2) The Crown acknowledges that it failed to adequately investigate the customary rights of Ngāti Kuia before granting land to the New Zealand Company. As a result the Crown did not consult, negotiate with, and compensate Ngāti Kuia for their rights in those lands. Consequently the Crown failed to actively protect the interests of Ngāti Kuia and this was a breach of the Treaty of Waitangi and its principles.

    (3) The Crown failed to adequately protect the interests of Ngāti Kuia when it arranged the completion of the New Zealand Company's Nelson purchase and did not establish a process in a timely manner that ensured Ngāti Kuia received the full consideration, including a share in the tenths, for this purchase. This was a breach of the Treaty of Waitangi and its principles.

    (4) The Crown acknowledges that its failure to adequately investigate the rights of Ngāti Kuia and include the iwi at the time of the Spain Commission and protect the interests of Ngāti Kuia when completing the New Zealand Company's Nelson purchase had an ongoing effect on Ngāti Kuia. From this point, the ability of Ngāti Kuia to represent and protect their interests, including at pivotal Native Land Court cases in 1883 and 1892, and to maintain their connections to the whenua, was significantly affected. The Crown acknowledges that this negative impact has continued down to the present day.

    (5) The Crown acknowledges that it failed to recognise the full nature and extent of Ngāti Kuia customary rights when it embarked on a series of purchases from 1847:

    • (a) it did not consult or negotiate with Ngāti Kuia prior to signing the 1853 Te Waipounamu deed; and

    • (b) Ngāti Kuia were heavily pressured by the Crown into accepting the Te Waipounamu purchase and alienating their interests in Te Tau Ihu for a small price; and

    • (c) the reserves set aside for Ngāti Kuia from the Waipounamu purchase were insufficient for the immediate and future needs of Ngāti Kuia.

    The Crown acknowledges that these failures were in breach of the Treaty of Waitangi and its principles.

    (6) The Crown acknowledges that for Ngāti Kuia the 1856 deed of sale with the Crown represented more than a transfer of land. The Crown further acknowledges that the collateral benefits Ngāti Kuia expected in entering into the Te Waipounamu sale agreement with the Crown were not always realised.

    (7) The Crown acknowledges that during the late nineteenth century Ngāti Kuia made several claims to the Crown for islands and land areas they did not believe had been sold in the Waipounamu transaction. This included the Tītī Islands, which were an important mahinga kai source for Ngāti Kuia. The Crown's 1933 agreement with Ngāti Kuia over harvesting from the Tītī Islands enabled the iwi to exercise a kaitiaki role over their use of the resource. The Crown acknowledges its decision in the mid-twentieth century to withhold permission for Ngāti Kuia to harvest tītī from these islands has been an ongoing source of frustration for the iwi.

    (8) The Crown acknowledges that the operation and impact of the native land laws on the reserves granted to Ngāti Kuia, in particular the awarding of land to individual Ngāti Kuia rather than to the iwi or its hapū, made those lands more susceptible to partition, fragmentation, and alienation. This further contributed to the erosion of the traditional tribal structures of Ngāti Kuia. The Crown failed to take adequate steps to protect those structures and this was a breach of the Treaty of Waitangi and its principles.

    (9) The Crown acknowledges that under the “landless natives” scheme—

    • (a) the land allocated to members of Ngāti Kuia was mostly of poor quality, in remote locations, of little economic utility and therefore inadequate; and

    • (b) members of Ngāti Kuia were never issued title to land allocated to them on Stewart Island; and

    • (c) it failed to issue title to the Ngāti Kuia owners of the Te Māpou and Te Raetihi reserves until 1968; and

    • (d) the provision of land to Ngāti Kuia did little to relieve their landless position in Te Tau Ihu.

    The Crown acknowledges that it failed to effectively implement the scheme designed to alleviate the landless position of Ngāti Kuia in Te Tau Ihu. This failure was a breach of the Treaty of Waitangi and its principles.

    (10) The Crown acknowledges that its actions have impacted on the ability of Ngāti Kuia to access many of their traditional resources, including the rivers, lakes, forests, and wetlands. The Crown also acknowledges that Ngāti Kuia has lost control of many of their significant sites, including wahi tapu, and that this has had an ongoing impact on their physical and spiritual relationship with the land.

    (11) The Crown acknowledges that by 1900 Ngāti Kuia were landless. The Crown failed to ensure that Ngāti Kuia were left with sufficient land for their immediate and future needs and this failure was a breach of the Treaty of Waitangi and its principles.

13 Text of apology for Ngāti Kuia
  • The text of the apology set out in the deed of settlement for Ngāti Kuia is as follows:

    (1) The Crown recognises the efforts and struggles of the ancestors of Ngāti Kuia over several generations in pursuit of their grievances against the Crown and makes this apology to Ngāti Kuia, to their ancestors and descendants.

    (2) The Crown is deeply sorry that it has not always fulfilled its obligations to Ngāti Kuia under the Treaty of Waitangi.

    (3) The Crown profoundly regrets its long-standing failure to appropriately acknowledge the mana and rangatiratanga of Ngāti Kuia. The Crown is deeply sorry that its failure to protect the interests of Ngāti Kuia when purchasing their land in Te Tau Ihu rapidly left Ngāti Kuia landless. Its failure to provide Ngāti Kuia with sufficient reserves in Te Tau Ihu marginalised them from the benefits of economic development in the region.

    (4) The Crown regrets and apologises for the cumulative effect of its actions and omissions, which have had a damaging impact on the social and traditional tribal structures of Ngāti Kuia, their autonomy and ability to exercise customary rights and responsibilities, and their access to customary resources and significant sites.

    (5) The Crown unreservedly apologises to Ngāti Kuia for the breaches of the Treaty of Waitangi and its principles. Through this apology the Crown seeks to atone for these wrongs, restore its honour, and begin the process of healing. The Crown looks forward to building a new relationship with Ngāti Kuia that is based on mutual trust, co-operation, and respect for the Treaty of Waitangi and its principles.

Historical account, acknowledgements, and apology for Rangitāne o Wairau

14 Summary of historical account for Rangitāne o Wairau
  • The historical account set out in the deed of settlement for Rangitāne o Wairau (Rangitāne) is summarised as follows:

    (1) Rangitāne have resided in the northern South Island for many generations. Rangitāne occupied and used resources within a territory stretching from the Waiau-toa (Clarence) River in the south to the Wairau (Marlborough), including the Nelson Lakes, and north to Kaituna and the Marlborough Sounds and west into the Whakatu (Nelson) area. In the 1820s and 1830s iwi from the North Island invaded and settled in the northern South Island. Although Rangitāne no longer had exclusive possession of all their territory they retained their tribal structures, chiefly lines and ancestral connections to the land. There was also opportunity for the recovery of status and the revival of rights after 1840 as British rule began to take effect. In 1840 their rangatira Ihaia Kaikoura signed the Treaty of Waitangi at Horahora Kākahu Island in Port Underwood.

    (2) In 1839 the New Zealand Company signed deeds with Māori that purported to purchase the entire northern South Island. Rangitāne were not consulted by the Company. The validity of the Company's purchases was investigated in 1844 by a Crown-appointed Commissioner. The Commissioner found that the Company had made a limited purchase of land in the northern South Island and recommended a grant of 151 000 acres. However, the Crown failed to investigate the rights of Rangitāne before granting land to the Company. The Company also made an additional payment to Te Tau Ihu Māori in 1844. Rangitāne did not directly receive a share of this payment for their interests or a share in the Nelson Tenths reserves that were set aside from the land granted to the Company.

    (3) Between 1847 and 1856 the Crown sought to purchase the remaining Māori land in Te Tau Ihu. In 1847 the Crown purchased the Wairau district from three North Island chiefs. The Crown did not identify other right-holders in the region and the rights of Rangitāne were ignored. In 1853 the Crown signed with other iwi the Te Waipounamu deed that purported to purchase all remaining Māori land in the region. Rangitāne were not present at negotiations or signatories to the deed. Under the deed a share of the purchase money was to be distributed among resident Te Tau Ihu Māori, including Rangitāne. The Crown did not meet with resident Māori to finalise the Te Waipounamu purchase until 1856. The Crown used the 1853 deed to pressure resident Māori, including Rangitāne, to agree to the alienation of their land. In 1856 Rangitāne were paid £100 for their interests in Te Tau Ihu and granted reserves in the Wairau district. Land south of the Wairau River was not sold by Rangitāne in 1856.

    (4) Despite the Crown purchase agent, Donald McLean, considering that an appropriate reserve in the Wairau comprised a block of around 13,400 acres, the reserves finally established by the Crown were wholly inadequate. The two reserves established—the Pukatea and Wairau—were shared between three iwi and were insufficient for Rangitāne to either maintain their customary practices of resource use or developed effectively in the new economy. As a result Rangitāne became economically marginalised. In 1889 the reserves granted to Rangitāne and other iwi were investigated by the Native Land Court. Title to the land was given to individual Rangitāne rather than to iwi or hapū collectives. Over time the reserves became increasingly fragmented and uneconomic as individuals sold their shares and as titles became crowded through succession.

    (5) In 1883 and 1892 the Native Land Court investigated the ownership of land that had been excluded from Crown purchases and the Nelson Tenths reserves. Rangitāne made several claims before the Court. In the Te Tai Tapu and Nelson Tenths ownership investigations the Court deemed that Rangitāne did not have rights and they were excluded from ownership. Rangitāne also made several claims for land they did not think had been included in the 1856 transaction but these claims were dismissed by the Court.

    (6) The Pukatea reserve was mainly leased by the Crown. Because of its isolation and poor quality it provided only a small return to its owners. Most of Rangitāne's reserved land at Pukatea was purchased by the Crown in the 1950s in order to create a recreation and scenic reserve.

    (7) The Wairau reserve was subject to frequent flooding and from the 1930s, at the request of Rangitāne and other Wairau Māori, it was included in a land development scheme. The scheme was ineffective at preventing flooding and the reserve became encumbered with debt. The Wairau reserve was eventually released from the scheme between 1955 and 1970. The reserve was still subject to serious flooding at least until 1960.

    (8) By the late nineteenth century, Rangitāne were landless. The Crown attempted to alleviate their position through the provision of “Landless Natives Reserves”. The reserves, however, were in isolated locations, of poor quality and generally unable to be developed for effective economic use. Rangitāne were also allocated land on Stewart Island but the Crown never granted them title to the land. Ultimately the reserves did little to alleviate the landless position of Rangitāne in the northern South Island.

15 Text of acknowledgements for Rangitāne o Wairau
  • The text of the acknowledgements set out in the deed of settlement for Rangitāne o Wairau (Rangitāne) is as follows:

    (1) The Crown acknowledges that it has failed to deal with the long-standing grievances of Rangitāne in an appropriate way and that recognition of these grievances is long overdue. The Crown further acknowledges that at relevant times it has failed to carry out an adequate inquiry into the nature and extent of Rangitāne customary rights and interests. This meant that the Crown failed to recognise or protect Rangitāne rights and interests to their full extent, and resulted in prejudice to the iwi. This was a breach of the Treaty of Waitangi and its principles.

    (2) The Crown acknowledges that—

    • (a) the rapid shift of Commissioner Spain's hearing from investigation to arbitration denied Rangitāne an opportunity to present evidence on the New Zealand Company's claims; and

    • (b) Rangitāne were not involved in the arbitration between Te Tau Ihu Māori and the New Zealand Company, did not directly receive any of the Company's compensation payment, and did not sign any of the deeds of release before the Crown granted the Company 151 000 acres.

    The Crown's failure to investigate the customary rights of Rangitāne before granting land to the New Zealand Company meant that it failed to actively protect the interests of Rangitāne in those lands and was a breach of the Treaty of Waitangi and its principles.

    (3) The Crown failed to protect the interests of Rangitāne when it arranged the completion of the New Zealand Company's Nelson purchase and did not establish a process in a timely manner that ensured Rangitāne received the full consideration, including a share in the tenths, for this purchase. This was a breach of the Treaty of Waitangi and its principles.

    (4) The Crown acknowledges that its failure to investigate the rights of Rangitāne at the time of the Spain Commission and protect the interests of Rangitāne when completing the Company's Nelson purchase had an ongoing effect on Rangitāne. From this point, the ability of Rangitāne to represent and protect their interests, including at pivotal Native Land Court cases in 1883 and 1892, and to maintain their connections to the whenua, was significantly impacted. The Crown acknowledges that this negative impact has continued down to the present day.

    (5) The Crown acknowledges that it failed to recognise the full nature and extent of Rangitāne customary rights when it embarked on a series of purchases from 1847:

    • (a) it failed to deal with Rangitāne in its negotiation of the 1847 Wairau deed; and

    • (b) it did not negotiate with Rangitāne prior to signing the 1853 Te Waipounamu deed; and

    • (c) Rangitāne were heavily pressured into accepting the Te Waipounamu purchase and alienating their interests in Te Tau Ihu for a small price; and

    • (d) Rangitāne rights and interests in lands south of Parinui-o-Whiti were not acquired by the Crown in the Te Waipounamu purchase, and Rangitāne were not consulted when these lands were later purchased from other iwi; and

    • (e) the reserves set aside for Rangitāne from the Waipounamu purchase were wholly inadequate for the present and future needs of Rangitāne.

    The Crown acknowledges that these failures were in breach of the Treaty of Waitangi and its principles.

    (6) The Crown acknowledges that the collateral benefits Rangitāne expected in entering into the Te Waipounamu sale agreement with the Crown were not always realised.

    (7) The Crown acknowledges that the operation and impact of the native land laws on the reserves granted to Rangitāne, in particular the awarding of land to individual Rangitāne rather than to iwi or hapū, made those lands more susceptible to partition, fragmentation, and alienation. This further contributed to the erosion of the traditional tribal structures of Rangitāne. The Crown failed to take adequate steps to protect those structures and this was a breach of the Treaty of Waitangi and its principles.

    (8) The Crown acknowledges that the flood-prone nature of the Wairau reserve limited its usefulness. The Crown further acknowledges that the development scheme which operated on the reserve during the mid-twentieth century was largely ineffective in alleviating the flooding problem and meant Rangitāne lost effective control of their land for a period.

    (9) The Crown acknowledges that owing to its isolation and poor quality the Pukatea reserve provided little economic return to the Rangitāne owners. The Crown further acknowledges that considerable public pressure contributed to the decision of Rangitāne to sell their share in Pukatea 3 to the Crown in 1955 and that Rangitāne received little benefit from this transaction.

    (10) The Crown acknowledges that—

    • (a) the land allocated to members of Rangitāne under the “landless natives” scheme was mostly of poor quality, in remote locations, of little economic utility, and therefore inadequate; and

    • (b) members of Rangitāne were never issued title to land allocated to them on Stewart Island; and

    • (c) the provision of land to Rangitāne did little to relieve their landless position in Te Tau Ihu.

    The Crown acknowledges that it failed to effectively implement the scheme designed to alleviate the landless position of Rangitāne in Te Tau Ihu. This failure was a breach of the Treaty of Waitangi and its principles.

    (11) The Crown acknowledges that by 1900 Rangitāne were landless. The Crown failed to ensure that Rangitāne were left with sufficient land for their present and future needs and this failure was a breach of the Treaty of Waitangi and its principles.

16 Text of apology for Rangitāne o Wairau
  • The text of the apology set out in the deed of settlement for Rangitāne o Wairau (Rangitāne) is as follows:

    (1) The Crown makes the following apology to Rangitāne, and to their ancestors and descendants.

    (2) On 17 June 1840 the Rangitāne rangatira Ihaia Kaikoura signed the Treaty of Waitangi at Horahora-kākahu, Port Underwood. The Crown is deeply sorry that it has not fulfilled its obligations to Rangitāne under the Treaty of Waitangi and unreservedly apologises to Rangitāne for the breaches of the Treaty of Waitangi and its principles acknowledged above.

    (3) The Crown profoundly regrets its long-standing failure to appropriately acknowledge the mana and rangatiratanga of Rangitāne. The Crown did not recognise Rangitāne when it purchased the Wairau district in 1847 and recognition of Rangitāne mana in the Te Waipounamu purchase was belated. The Crown is deeply sorry that its acts and omissions quickly left Rangitāne landless and this has had a devastating impact on the economic, social, and cultural well-being and development of Rangitāne.

    (4) The Crown regrets and apologises for the cumulative effect of its actions and omissions, which have had a damaging impact on the social and traditional structures of Rangitāne, their autonomy and ability to exercise customary rights and responsibilities, and their access to customary resources and significant sites.

    (5) With this apology the Crown seeks to atone for its past wrongs and begin the process of healing. It looks forward to re-establishing its relationship with Rangitāne based on mutual trust, co-operation, and respect for the Treaty of Waitangi and its principles.

Subpart 2Interpretation

17 Interpretation of Act generally
  • It is the intention of Parliament that the provisions of Parts 1 to 3 are interpreted in a manner that best furthers the agreements expressed in the deeds of settlement.

18 Interpretation
  • (1) In Parts 1 to 3, unless the context requires another meaning,—

    administering body has the meaning given by section 2(1) of the Reserves Act 1977

    advisory committee means the committee established by section 138 to provide advice in relation to the management of rivers and fresh water within the regions of certain councils

    affected person has the meaning given by section 2AA(2) of the Resource Management Act 1991

    aquatic life has the meaning given by section 2(1) of the Conservation Act 1987

    commercial property means a property listed in part 3.8 of the property redress schedule of the deed of settlement for Rangitāne o Wairau in respect of which the agreement for sale and purchase (formed under clause 6.8 of that deed) has not been cancelled

    Commissioner of Crown Lands has the same meaning as Commissioner in section 2 of the Land Act 1948

    consent authority has the meaning given by section 2(1) of the Resource Management Act 1991

    conservation land means land that is—

    • (a) vested in the Crown or held in fee simple by the Crown; and

    • (b) held, managed, or administered by the Department of Conservation under the conservation legislation

    conservation legislation means the Conservation Act 1987 and the Acts listed in Schedule 1 of that Act

    conservation management plan has the meaning given by section 2(1) of the Conservation Act 1987

    conservation management strategy has the meaning given by section 2(1) of the Conservation Act 1987

    conservation protocol

    • (a) means a protocol issued by the Minister of Conservation under section 30(1)(a); and

    • (b) includes any amendments made to the protocol under section 30(1)(b)

    conservation protocol area means the area shown on the map attached to a conservation protocol

    control, for the purposes of paragraph (d) of the definition of Crown body, means,—

    • (a) for a company, control of the composition of its board of directors; and

    • (b) for another body, control of the composition of the group that would be its board of directors if the body were a company

    Crown

    • (a) has the meaning given by section 2(1) of the Public Finance Act 1989; and

    • (b) for the purposes of subpart 1 of Part 3, includes New Zealand Post Limited and the New Zealand Transport Agency

    Crown body means—

    • (a) a Crown entity (as defined by section 7(1) of the Crown Entities Act 2004); and

    • (b) a State enterprise (as defined by section 2 of the State-Owned Enterprises Act 1986); and

    • (c) the New Zealand Railways Corporation; and

    • (d) a company or body that is wholly owned or controlled by 1 or more of the following:

      • (i) the Crown:

      • (ii) a Crown entity:

      • (iii) a State enterprise:

      • (iv) the New Zealand Railways Corporation; and

    • (e) a subsidiary, or related company, of a company or body referred to in paragraph (d)

    Crown-owned mineral means a mineral (as defined by section 2(1) of the Crown Minerals Act 1991)—

    • (a) that is the property of the Crown under section 10 or 11 of that Act; or

    • (b) over which the Crown has jurisdiction under the Continental Shelf Act 1964

    cultural redress property has the meaning given by section 72

    deed of recognition

    • (a) means a deed of recognition issued under section 47 to the trustees of a settlement trust by—

      • (i) the Minister of Conservation and the Director-General; or

      • (ii) the Commissioner of Crown Lands; and

    • (b) includes any amendments to the deed made under section 47; and

    • (c) for Ngāti Kuia, is known as pou whakāro

    deed of settlement

    • (a) means each of the following 3 deeds of settlement, including any schedules or attachments and including any amendments:

      • (i) the deed of settlement for Ngāti Apa ki te Rā Tō dated 29 October 2010, entered into by the Crown, Ngāti Apa ki te Rā Tō, and the Ngāti Apa ki te Rā Tō Trust:

      • (ii) te whakatau (the deed of settlement) for Ngāti Kuia dated 23 October 2010, entered into by the Crown, Ngāti Kuia, and the Te Runanga o Ngāti Kuia Trust:

      • (iii) the deed of settlement for Rangitāne o Wairau dated 4 December 2010, entered into by the Crown, Rangitāne o Wairau, and the Rangitāne o Wairau Settlement Trust; but

    • (b) in section 161 and Schedule 4,—

      • (i) for a related settlement iwi, means the deed of settlement for that iwi defined by section 210(1) of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013; or

      • (ii) for Ngati Toa Rangatira, means the deed of settlement for Ngati Toa Rangatira defined by section 428(1) of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013

    deferred selection property means a property listed in part 3.6 or 3.7 of the property redress schedule of a deed of settlement (including the unlicensed land)—

    • (a) that the trustees of the relevant settlement trust have elected to purchase from the Crown or the New Zealand Transport Agency by giving notice under paragraph 1.4 of part 3.1 of that schedule; and

    • (b) in respect of which the agreement for sale and purchase (formed under paragraph 2.1 of that part 3.1) has not been cancelled

    Director-General means the Director-General of Conservation

    effective date means the date that is 6 months after the settlement date

    fisheries protocol

    • (a) means a protocol issued by the Minister for Primary Industries under section 30(1)(a); and

    • (b) includes any amendments made to the protocol under section 30(1)(b)

    fisheries protocol area means the area shown on the map attached to a fisheries protocol, together with the adjacent waters

    freshwater fisheries management plan has the meaning given by section 2(1) of the Conservation Act 1987

    Historic Places Trust means the New Zealand Historic Places Trust (Pouhere Taonga) continued by section 38 of the Historic Places Act 1993

    historical claims has the meaning given by section 21

    interest, in relation to land, means a lease, tenancy, licence, licence to occupy, easement, covenant, or other right or obligation affecting the land

    land holding agency means,—

    • (a) for a commercial property, the land holding agency specified for the property in part 3.8 of the property redress schedule of the deed of settlement for Rangitāne o Wairau:

    • (b) for a deferred selection property,—

      • (i) the land holding agency specified for the property in part 3.6 or 3.7 of the property redress schedule of the relevant deed of settlement; and

      • (ii) in relation to a lease back to the Crown of the courthouse site defined in section 150(1), the Ministry of Justice:

    • (c) for the Woodbourne land, the New Zealand Defence Force

    LINZ means Land Information New Zealand

    local authority has the meaning given by section 5(1) of the Local Government Act 2002

    member, for a settlement iwi, means an individual referred to in paragraph (a) of the definition of that iwi in section 20(1)

    minerals protocol

    • (a) means a protocol issued by the Minister of Energy and Resources under section 30(1)(a); and

    • (b) includes any amendments made to the protocol under section 30(1)(b)

    minerals protocol area means the area shown on the map attached to a minerals protocol, together with the adjacent waters

    national park management plan has the same meaning as management plan in section 2 of the National Parks Act 1980

    New Zealand Transport Agency means the agency established by section 93 of the Land Transport Management Act 2003

    overlay classification has the meaning given by section 53(1)

    protocol

    • (a) means a protocol issued under section 30(1)(a); and

    • (b) includes any amendments made to the protocol under section 30(1)(b)

    public work has the meaning given by section 2 of the Public Works Act 1981

    regional council has the meaning given by section 2(1) of the Resource Management Act 1991

    Registrar-General means the Registrar-General of Land appointed under section 4 of the Land Transfer Act 1952

    related company has the meaning given by section 2(3) of the Companies Act 1993

    related settlement iwi has the meaning given by section 19

    related settlement trust has the meaning given by section 19

    representative entity means—

    • (a) the trustees of each settlement trust; and

    • (b) any person (including any trustees) acting for, or on behalf of,—

      • (i) the collective group referred to in paragraph (a) of the definition of Ngāti Apa ki te Rā Tō, Ngāti Kuia, or Rangitāne o Wairau in section 20(1); or

      • (ii) 1 or more members of Ngāti Apa ki te Rā Tō, Ngāti Kuia, or Rangitāne o Wairau; or

      • (iii) 1 or more of the whānau, hapū, or groups referred to in paragraph (c) of the definition of Ngāti Apa ki te Rā Tō, Ngāti Kuia, or Rangitāne o Wairau in section 20(1)

    resource consent has the meaning given by section 2(1) of the Resource Management Act 1991

    responsible Minister means,—

    • (a) for a conservation protocol, the Minister of Conservation; or

    • (b) for a fisheries protocol, the Minister for Primary Industries; or

    • (c) for a minerals protocol, the Minister of Energy and Resources; or

    • (d) for a taonga tūturu protocol, the Minister for Arts, Culture and Heritage; or

    • (e) for any protocol, any other Minister of the Crown authorised by the Prime Minister to exercise powers, and perform functions and duties, in relation to the protocol

    RFR land has the meaning given by section 162

    settlement date means the date that is 70 working days after the date on which Parts 1 to 3 come into force

    settlement iwi has the meaning given by section 19

    settlement trust has the meaning given by section 19

    statutory acknowledgement has the meaning given by section 37(1)

    statutory plan

    • (a) means a district plan, regional plan, regional coastal plan, regional policy statement, or proposed policy statement (as defined by section 43AA of the Resource Management Act 1991); and

    • (b) includes a proposed plan (as defined by section 43AAC of that Act)

    subsidiary has the meaning given by section 5 of the Companies Act 1993

    taonga tūturu

    • (a) has the meaning given by section 2(1) of the Protected Objects Act 1975; and

    • (b) includes ngā taonga tūturu (as defined by section 2(1) of that Act)

    taonga tūturu protocol

    • (a) means a protocol issued by the Minister for Arts, Culture and Heritage under section 30(1)(a); and

    • (b) includes any amendments made to the protocol under section 30(1)(b)

    trustees means the trustees of a trust acting in their capacity as trustees

    unlicensed land means the land described as Speeds Valley in part 3.6 of the property redress schedule of the deed of settlement for Ngāti Apa ki te Rā Tō

    Woodbourne land means any area of land defined in the general matters schedule of a deed of settlement as the cleared current surplus land, the cleared non-operational land, or the leaseback land—

    • (a) that the trustees of the relevant settlement trust have elected to acquire from the Crown by giving notice under paragraph 1.15 of part 4.1, 5.1, or 6.1 of the property redress schedule of the relevant deed of settlement; and

    • (b) in respect of which any agreement for sale and purchase (formed under paragraph 2.1 of that part 4.1, 5.1, or 6.1) has not been cancelled

    working day means a day of the week other than—

    • (a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

    • (b) a day in the period starting on 25 December in a year and ending on 15 January in the following year; and

    • (c) the day observed as the anniversary of the province of Nelson, Marlborough, or Wellington.

    (2) In Parts 1 to 3, a reference to a transfer or vesting of any land (being the fee simple estate in the land) to or in any trustees includes the transfer or vesting of an undivided share of the fee simple estate in the land.

    (3) Subsection (2) applies unless the context requires another meaning.

19 Interpretation: iwi and trusts
  • In Parts 1 to 3, unless the context requires another meaning,—

    Ngāti Apa ki te Rā Tō has the meaning given by section 20(1)

    Ngāti Apa ki te Rā Tō Trust means the trust with that name established by a deed of trust dated 28 October 2010

    Ngāti Kōata has the meaning given by section 212(1) of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013

    Ngāti Kuia has the meaning given by section 20(1)

    Ngāti Rārua has the meaning given by section 212(1) of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013

    Ngāti Rārua Settlement Trust has the meaning given by section 211 of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013

    Ngāti Tama ki Te Tau Ihu has the meaning given by section 212(1) of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013

    Ngāti Tama ki Te Waipounamu Trust has the meaning given by section 211 of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013

    Ngati Toa Rangatira has the meaning given by section 430(1) of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013

    Rangitāne o Wairau has the meaning given by section 20(1)

    Rangitāne o Wairau Settlement Trust means the trust with that name established by a deed of trust dated 25 October 2010

    related settlement iwi means each of the following iwi:

    • (a) Ngāti Kōata:

    • (b) Ngāti Rārua:

    • (c) Ngāti Tama ki Te Tau Ihu:

    • (d) Te Ātiawa o Te Waka-a-Māui

    related settlement trust means,—

    • (a) for Ngāti Kōata, Te Pātaka a Ngāti Kōata:

    • (b) for Ngāti Rārua, the Ngāti Rārua Settlement Trust:

    • (c) for Ngāti Tama ki Te Tau Ihu, the Ngāti Tama ki Te Waipounamu Trust:

    • (d) for Te Ātiawa o Te Waka-a-Māui, the Te Ātiawa o Te Waka-a-Māui Trust

    settlement iwi means each of the following iwi:

    • (a) Ngāti Apa ki te Rā Tō:

    • (b) Ngāti Kuia:

    • (c) Rangitāne o Wairau

    settlement trust means,—

    • (a) for Ngāti Apa ki te Rā Tō, the Ngāti Apa ki te Rā Tō Trust:

    • (b) for Ngāti Kuia, the Te Runanga o Ngāti Kuia Trust:

    • (c) for Rangitāne o Wairau, the Rangitāne o Wairau Settlement Trust

    Te Ātiawa o Te Waka-a-Māui has the meaning given by section 212(1) of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013

    Te Ātiawa o Te Waka-a-Māui Trust has the meaning given by section 211 of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013

    Te Pātaka a Ngāti Kōata has the meaning given by section 211 of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013

    Te Runanga o Ngāti Kuia Trust means the trust with that name established by a deed of trust dated 2 November 2009

    Toa Rangatira Trust has the meaning given by section 429 of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013.

20 Meaning of Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau
  • (1) In Parts 1 to 3,—

    Ngāti Apa ki te Rā Tō

    • (a) means the collective group composed of individuals who are descended from an ancestor of Ngāti Apa ki te Rā Tō; and

    • (b) includes those individuals; and

    • (c) includes any whānau, hapū, or group to the extent that it is composed of those individuals

    Ngāti Kuia

    • (a) means the collective group composed of individuals who are descended from an ancestor of Ngāti Kuia; and

    • (b) includes those individuals; and

    • (c) includes any whānau, hapū, or group to the extent that it is composed of those individuals

    Rangitāne o Wairau

    • (a) means the collective group composed of individuals who are descended from an ancestor of Rangitāne o Wairau; and

    • (b) includes those individuals; and

    • (c) includes any whānau or group to the extent that it is composed of those individuals.

    (2) In this section,—

    ancestor of Ngāti Apa ki te Rā Tō means an individual who—

    • (a) exercised customary rights by virtue of being descended from—

      • (i) Ruatea (who was on board the Kurahaupō waka that arrived in Aotearoa); and

      • (ii) a recognised tupuna of 1 or both of the following hapū:

        • (A) Puaha Te Rangi (West Coast):

        • (B) Tarakaipa (Te Tau Ihu); and

    • (b) exercised the customary rights predominantly in relation to the area of interest of Ngāti Apa ki te Rā Tō at any time after 6 February 1840

    ancestor of Ngāti Kuia means an individual who—

    • (a) exercised customary rights by virtue of being descended from—

      • (i) a tupuna, or a union of tupuna, identified in clause 8.7 of the deed of settlement for Ngāti Kuia; and

      • (ii) 1 or more of the following:

        • (A) an individual who originally signed the Ngāti Kuia deed of sale dated 16 February 1856 for Ngāti Kuia (including such individuals who are listed in clause 8.8 of the deed of settlement for Ngāti Kuia):

        • (B) an individual listed in the South Island landless natives lists who has been identified as Ngāti Kuia (including such individuals who are listed in clause 8.8 of the deed of settlement for Ngāti Kuia):

        • (C) a sibling of an individual described in subsubparagraph (A) or (B); and

    • (b) exercised the customary rights predominantly in relation to the area of interest of Ngāti Kuia at any time after 6 February 1840

    ancestor of Rangitāne o Wairau means an individual who—

    • (a) exercised customary rights by virtue of being descended from a primary ancestor of Rangitāne o Wairau identified in clause 8.6 of the deed of settlement for Rangitāne o Wairau; and

    • (b) exercised the customary rights predominantly in relation to the area of interest of Rangitāne o Wairau at any time after 6 February 1840

    area of interest of Ngāti Apa ki te Rā Tō means the area of interest of Ngāti Apa ki te Rā Tō shown in part 1 of the attachments schedule of the deed of settlement for Ngāti Apa ki te Rā Tō

    area of interest of Ngāti Kuia means te kupenga-a-Kuia (the area of interest of Ngāti Kuia) shown in part 1 of the attachments schedule of the deed of settlement for Ngāti Kuia

    area of interest of Rangitāne o Wairau means the area of interest of Rangitāne o Wairau shown in part 1 of the attachments schedule of the deed of settlement for Rangitāne o Wairau

    customary rights means rights according to tikanga Māori (Māori customary values and practices), including—

    • (a) rights to occupy land; and

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

    descended means that a person is descended from another person, or from a union of persons, by—

    • (a) birth; or

    • (b) legal adoption; or

    • (c) Māori customary adoption in accordance with the tikanga (customary values and practices) of the relevant settlement iwi.

21 Meaning of historical claims
  • (1) In Parts 1 to 3, historical claims

    • (a) means the claims described in subsection (2); and

    • (b) includes the claims described in subsections (3) to (5); but

    • (c) does not include the claims described in subsection (6).

    (2) The historical claims are every claim that a settlement iwi or a representative entity had on or before the settlement date, or may have after the settlement date, and that—

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

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

      • (ii) under legislation; or

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

      • (iv) from fiduciary duty; or

      • (v) otherwise; and

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

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

      • (ii) by or under legislation.

    (3) The historical claims include—

    • (a) a claim to the Waitangi Tribunal that relates exclusively to Ngāti Apa ki te Rā Tō or a representative entity of Ngāti Apa ki te Rā Tō, including the following claim, to the extent that subsection (2) applies to the claim: Wai 521—Ngāti Apa iwi lands and fisheries claim; and

    • (b) any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Apa ki te Rā Tō or a representative entity of Ngāti Apa ki te Rā Tō:

      • (i) Wai 102—Te Runanganui o Te Tau Ihu o Te Waka a Maui Inc claims:

      • (ii) Wai 785—Combined record of inquiry for the northern South Island claims:

      • (iii) Wai 1987—Te Awhaiti Village claim.

    (4) The historical claims include—

    • (a) a claim to the Waitangi Tribunal that relates exclusively to Ngāti Kuia or a representative entity of Ngāti Kuia, including each of the following claims, to the extent that subsection (2) applies to the claim:

      • (i) Wai 561—Ngāti Kuia iwi claim:

      • (ii) Wai 829—Whakapuaka, Nelson Tenths, and Stewart Island claim:

      • (iii) Wai 2092—Descendants of Amiria Hemi lands (Wedderspoon) claim; and

    • (b) any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Kuia or a representative entity of Ngāti Kuia:

      • (i) Wai 102—Te Runanganui o Te Tau Ihu o Te Waka a Maui Inc claims:

      • (ii) Wai 785—Combined record of inquiry for the northern South Island claims.

    (5) The historical claims include—

    • (a) a claim to the Waitangi Tribunal that relates exclusively to Rangitāne o Wairau or a representative entity of Rangitāne o Wairau, including the following claim, to the extent that subsection (2) applies to the claim: Wai 44—Kurahaupō Rangitāne claim; and

    • (b) any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Rangitāne o Wairau or a representative entity of Rangitāne o Wairau:

      • (i) Wai 102—Te Runanganui o Te Tau Ihu o Te Waka a Maui Inc claims:

      • (ii) Wai 785—Combined record of inquiry for the northern South Island claims.

    (6) However, the historical claims do not include—

    • (a) a claim that a member of Ngāti Apa ki te Rā Tō, or a whānau, hapū, or group referred to in paragraph (c) of the definition of Ngāti Apa ki te Rā Tō in section 20(1), had or may have that is, or is founded on, a right arising by virtue of being descended from a person other than an ancestor of Ngāti Apa ki te Rā Tō (as defined in section 20(2)); or

    • (b) a claim that a representative entity of Ngāti Apa ki te Rā Tō had or may have that is, or is founded on, a claim described in paragraph (a); or

    • (c) a claim that a member of Ngāti Kuia, or a whānau, hapū, or group referred to in paragraph (c) of the definition of Ngāti Kuia in section 20(1), had or may have that is, or is founded on, a right arising by virtue of being descended from a person other than an ancestor of Ngāti Kuia (as defined in section 20(2)); or

    • (d) a claim that a representative entity of Ngāti Kuia had or may have that is, or is founded on, a claim described in paragraph (c); or

    • (e) a claim that a member of Rangitāne o Wairau, or a whānau, hapū, or group referred to in paragraph (c) of the definition of Rangitāne o Wairau in section 20(1), had or may have that is, or is founded on, a right arising by virtue of being descended from a person other than an ancestor of Rangitāne o Wairau (as defined in section 20(2)); or

    • (f) a claim that a representative entity of Rangitāne o Wairau had or may have that is, or is founded on, a claim described in paragraph (e).

    (7) A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.

Subpart 3Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

22 Settlement of historical claims final
  • (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 deeds 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 the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of—

    • (a) the historical claims; or

    • (b) the deeds of settlement; or

    • (c) Parts 1 to 3; or

    • (d) the redress provided under the deeds of settlement or Parts 1 to 3.

    (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 deeds of settlement or Parts 1 to 3.

Consequential amendment to Treaty of Waitangi Act 1975

23 Amendment to Treaty of Waitangi Act 1975
  • (1) This section amends the Treaty of Waitangi Act 1975.

    (2) In Schedule 3, insert in its appropriate alphabetical order Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013, section 22(4) and (5).

Protections no longer apply

24 Certain enactments do not apply
  • (1) The enactments listed in subsection (2) do not apply—

    • (a) to land in the Nelson Land District or Marlborough Land District; or

    • (b) for the benefit of a settlement iwi 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.

25 Removal of memorials
  • (1) The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify each computer register for the Nelson Land District or Marlborough Land District that has a memorial recorded under any enactment listed in section 24(2).

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

    (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), remove any memorial recorded under an enactment listed in section 24(2) from each computer register identified in the certificate.

Subpart 4Other matters

26 Rule against perpetuities does not apply
  • (1) The rule against perpetuities and the provisions of the Perpetuities Act 1964 do not—

    • (a) prescribe or restrict the period during which—

      • (i) a settlement trust may exist in law; or

      • (ii) the trustees of a settlement trust may hold or deal with property (including income derived from property); or

    • (b) apply to a document entered into to give effect to a 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 a settlement trust is, or becomes, a charitable trust, the application (if any) of the rule against perpetuities or of any provision of the Perpetuities Act 1964 to that trust must be determined under the general law.

27 Access to deeds of settlement
  • The chief executive of the Ministry of Justice must make copies of the deeds 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 working day; and

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

28 Provisions of other Acts that have same effect
  • If a provision in Parts 1 to 3 has the same effect as a provision in 1 or both of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013 and Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013, the provisions must be given effect to only once as if they were 1 provision.

Part 2
Cultural redress

Subpart 1Protocols

General provisions

29 Interpretation
  • In this subpart, relevant trustees, for a protocol, means the trustees of a settlement trust to whom the protocol may be or has been issued.

30 Issue, amendment, and cancellation of protocols
  • (1) Each responsible Minister—

    • (a) must issue a protocol to the trustees of each settlement trust in the form set out in part 4 of the documents schedule of the relevant deed of settlement; and

    • (b) may amend or cancel that protocol.

    (2) The responsible Minister may amend or cancel a protocol at the initiative of—

    • (a) the relevant trustees; or

    • (b) the responsible Minister.

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

31 Protocols subject to rights, functions, and obligations
  • 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 the ability to—

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

      • (ii) interact with or consult a person that the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or

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

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

32 Enforceability of protocols
  • (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 relevant trustees 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 relevant trustees in enforcing the protocol under subsection (2).

33 Limitation of rights
  • (1) A conservation protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to,—

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

    • (b) land held, managed, or administered, or flora or fauna managed or administered, under the conservation legislation.

    (2) A fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, and seaweed) held, managed, or administered under any of the following enactments:

    • (a) the Fisheries Act 1996:

    • (b) the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992:

    • (c) the Maori Commercial Aquaculture Claims Settlement Act 2004:

    • (d) the Maori Fisheries Act 2004.

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

    (4) A taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.

Noting of conservation, fisheries, and minerals protocols

34 Noting of conservation protocols
  • (1) A summary of the terms of a conservation protocol must be noted in the conservation documents affecting the conservation protocol area for that protocol.

    (2) The noting of a 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) In this section, conservation document means a conservation management plan, conservation management strategy, freshwater fisheries management plan, or national park management plan.

35 Noting of fisheries protocols
  • (1) A summary of the terms of a fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area for that protocol.

    (2) The noting of a fisheries protocol is—

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

    • (b) not an amendment to the fisheries plans for the purposes of section 11A of the Fisheries Act 1996.

    (3) In this section, fisheries plan means a plan approved or amended under section 11A of the Fisheries Act 1996.

36 Noting of minerals protocols
  • (1) A summary of the terms of a minerals protocol must be noted in—

    • (a) a register of protocols maintained by the chief executive of the Ministry of Business, Innovation, and Employment; and

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

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

Subpart 2Statutory acknowledgement and deeds of recognition

Statutory acknowledgement

37 Interpretation
  • (1) In Parts 1 to 3, statutory acknowledgement

    • (a) means the acknowledgement made by the Crown in section 38 in respect of each statutory area, on the terms set out in this subpart; and

    • (b) for Ngāti Kuia, is known as pou rāhui or coastal pou rāhui.

    (2) In this subpart,—

    coastal statutory area

    • (a) means the statutory area described in Schedule 1 as coastal marine area; and

    • (b) for Ngāti Kuia, is known as hineparawhenua

    relevant consent authority, for a statutory area, means a consent authority of a region or district that contains, or is adjacent to, the statutory area

    relevant iwi, for a statutory area, means the 1 or more iwi listed in Schedule 1 as having an association with the statutory area

    relevant trustees, for a statutory area, means the trustees of the settlement trust of each of the relevant iwi for the statutory area

    statements of association means the statements—

    • (a) made by the relevant iwi of their particular cultural, spiritual, historical, and traditional association with the statutory areas (except the coastal statutory area); and

    • (b) that are in the form set out in part 2 of the documents schedule of each deed of settlement

    statements of coastal values means the statements—

    • (a) made by the relevant iwi of their particular values relating to the coastal statutory area; and

    • (b) that are in the form set out in part 2.1 of the documents schedule of each deed of settlement

    statutory area means an area described in Schedule 1, with the general location (but not the precise boundaries) indicated on the deed plan referred to in relation to the area.

38 Statutory acknowledgement by the Crown
  • The Crown acknowledges the statements of association and the statements of coastal values.

39 Purposes of statutory acknowledgement
  • The only purposes of the statutory acknowledgement are—

    • (a) to require relevant consent authorities, the Environment Court, and the Historic Places Trust to have regard to the statutory acknowledgement, as provided for in sections 40 to 42; and

    • (b) to require relevant consent authorities to provide summaries of resource consent applications, or copies of notices of resource consent applications, to the relevant trustees, as provided for in section 44; and

    • (c) to enable the relevant trustees and members of the relevant iwi to cite the statutory acknowledgement as evidence of the iwi's association with a statutory area, as provided for in section 45.

40 Relevant consent authorities to have regard to statutory acknowledgement
  • (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 relevant trustees are affected persons in relation to an activity within, adjacent to, or directly affecting the statutory area and for which an application for a resource consent has been made.

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

41 Environment Court to have regard to statutory acknowledgement
  • (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 relevant trustees are persons who have an interest in proceedings that is greater than the interest that the general public has in respect of an application for a resource consent for activities within, adjacent to, or directly affecting the statutory area.

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

42 Historic Places Trust and Environment Court to have regard to statutory acknowledgement
  • (1) This section applies 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.

    (2) The Historic Places Trust must have regard to the statutory acknowledgement relating to a statutory area in exercising its powers under section 14 of the Historic Places Act 1993 in relation to the application, including in determining whether the relevant trustees are directly affected by an extension of time.

    (3) The Environment Court must have regard to the statutory acknowledgement relating to a statutory area in determining under section 20 of the Historic Places Act 1993 an appeal against a decision of the Historic Places Trust in relation to the application, including in determining whether the relevant trustees are directly affected by the decision.

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

43 Recording statutory acknowledgement on statutory plans
  • (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—

    • (a) the relevant provisions of sections 37 to 46 in full; and

    • (b) the descriptions of the statutory areas wholly or partly covered by the plan; and

    • (c) any statements of association or statements of coastal values for the statutory areas.

    (3) The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—

    • (a) part of the statutory plan; or

    • (b) subject to the provisions of Schedule 1 of the Resource Management Act 1991.

44 Provision of summaries or notices of certain applications to relevant trustees
  • (1) Each relevant consent authority must, for a period of 20 years starting on the effective date, provide the following to the relevant trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:

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

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

    (2) The information provided in a summary of an application must be the same as would be given to an affected person by limited notification under section 95B of the Resource Management Act 1991, or as may be agreed between the relevant trustees and the relevant consent authority.

    (3) A summary of an application must be provided under subsection (1)(a)

    • (a) as soon as is reasonably practicable after the consent authority receives the application; but

    • (b) before the consent authority decides under section 95 of the Resource Management Act 1991 whether to notify the application.

    (4) A copy of a notice of an application must be provided under subsection (1)(b) no later than 10 working days after the day on which the consent authority receives the notice.

    (5) This section does not affect a relevant consent authority's obligation,—

    • (a) under section 95 of the Resource Management Act 1991, to decide whether to notify an application, and to notify the application if it decides to do so; or

    • (b) under section 95E of that Act, to decide whether the relevant trustees are affected persons in relation to an activity.

45 Use of statutory acknowledgement
  • (1) The relevant trustees and any member of the relevant iwi may, as evidence of the iwi's association with a statutory area, cite the statutory acknowledgement that relates to that area in submissions to, and in proceedings before, a relevant consent authority, the Environmental Protection Authority or a board of inquiry under Part 6AA of the Resource Management Act 1991, the Environment Court, or the Historic Places Trust concerning activities within, adjacent to, or directly affecting the statutory area.

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

    • (a) relevant consent authorities:

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

    • (c) the Environment Court:

    • (d) the Historic Places Trust:

    • (e) parties to proceedings before those bodies:

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

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

    (4) To avoid doubt,—

    • (a) neither the relevant trustees nor members of a relevant iwi are precluded from stating that the iwi 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.

46 Relevant trustees may waive rights
  • (1) The relevant trustees may waive the right to be provided with summaries, and copies of notices, of resource consent applications under section 44 in relation to a statutory area.

    (2) The relevant trustees may waive the right to have a relevant consent authority, the Environment Court, or the Historic Places Trust have regard to the statutory acknowledgement under sections 40 to 42 in relation to the coastal statutory area.

    (3) Rights must be waived by written notice to the relevant consent authority, the Environment Court, or the Historic Places Trust stating—

    • (a) the scope of the waiver; and

    • (b) the period for which it applies.

    (4) An obligation under this subpart does not apply to the extent that the corresponding right has been waived under this section.

Deeds of recognition

47 Issue and amendment of deeds of recognition
  • (1) Deeds of recognition must be issued to the trustees of the settlement trust of an iwi in respect of the statutory areas with which the iwi has an association as listed in Schedule 1, except the areas referred to as—

    • (a) Big River site (Te Tai Tapu); and

    • (b) Westhaven (Te Tai Tapu) Marine Reserve and Westhaven (Whanganui Inlet) Wildlife Management Reserve; and

    • (c) coastal marine area.

    (2) The Minister of Conservation and the Director-General must issue a deed of recognition for the relevant statutory areas administered by the Department of Conservation.

    (3) The Commissioner of Crown Lands must issue a deed of recognition for the relevant statutory areas administered by the Commissioner.

    (4) A deed of recognition must be issued in the form set out in part 3 of the documents schedule of the relevant deed of settlement.

    (5) The person or people who issue a deed of recognition to trustees may amend the deed, but only with the written consent of the trustees.

General provisions

48 Application to river or stream
  • (1) If any part of the statutory acknowledgement applies to a river or stream (including a tributary), that part of the acknowledgement—

    • (a) applies only to—

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

      • (ii) the bed of the river or stream, meaning the land that the waters of the river or stream cover at its fullest flow without flowing over its banks; but

    • (b) does not apply to—

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

      • (ii) an artificial watercourse.

    (2) If any part of a deed of recognition applies to a river or stream (including a tributary), that part of the deed—

    • (a) applies only to the bed of the river or stream, meaning the land that the waters of the river or stream cover at its fullest flow without flowing over its banks; but

    • (b) does not apply to—

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

      • (ii) the bed of an artificial watercourse.

49 Exercise of powers and performance of functions and duties
  • (1) The statutory acknowledgement and the deeds of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw.

    (2) A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the association of the relevant iwi with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.

    (3) Subsection (2) does not limit subsection (1).

    (4) This section is subject to—

    • (a) the other provisions of this subpart; and

    • (b) any obligation imposed on the Minister of Conservation, the Director-General, or the Commissioner of Crown Lands by a deed of recognition.

50 Rights not affected
  • (1) The statutory acknowledgement and the deeds of recognition do not affect the lawful rights or interests of a person who is not a party to a deed of settlement.

    (2) This section is subject to the other provisions of this subpart.

51 Limitation of rights
  • (1) The statutory acknowledgement and the deeds of recognition do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.

    (2) This section is subject to the other provisions of this subpart.

Consequential amendment to Resource Management Act 1991

52 Amendment to Resource Management Act 1991
  • (1) This section amends the Resource Management Act 1991.

    (2) In Schedule 11, insert in its appropriate alphabetical order Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013.

Subpart 3Overlay classification

53 Interpretation
  • (1) In Parts 1 to 3, overlay classification

    • (a) means the application of this subpart to each overlay site; and

    • (b) for Ngāti Kuia, is known as whenua rāhui.

    (2) In this subpart,—

    Conservation Board means a board established under section 6L of the Conservation Act 1987

    iwi values, for each overlay site, means the values stated by the relevant iwi in their statements of iwi values

    New Zealand Conservation Authority means the authority established by section 6A of the Conservation Act 1987

    overlay site

    • (a) means a site that is declared under section 54 to be subject to the overlay classification; but

    • (b) does not include an area that is declared under section 68(1) to no longer be subject to the overlay classification

    protection principles, for an overlay site, means the protection principles set out for the site in paragraph 4.1 of part 1 of the documents schedule of the relevant deed of settlement, including any amendments made to the principles under section 57(3)

    relevant iwi, for an overlay site, means the 1 or more iwi listed in Schedule 2 as having an association with the overlay site

    relevant trustees, for an overlay site, means the trustees of the settlement trust of each of the relevant iwi for the overlay site

    specified actions, for an overlay site, means the actions set out for the site in paragraph 5.1 of part 1 of the documents schedule of the relevant deed of settlement

    statements of iwi values, for each overlay site, means the statements—

    • (a) made by the relevant iwi of their values relating to their cultural, spiritual, historical, and traditional association with the overlay site; and

    • (b) that are in the form set out in paragraph 3 of part 1 of the documents schedule of the relevant deed of settlement.

54 Declaration of overlay classification
  • Each site described in Schedule 2 is declared to be subject to the overlay classification.

55 Acknowledgement by the Crown of statements of iwi values
  • The Crown acknowledges the statements of iwi values of the relevant iwi in relation to the overlay sites.

56 Purposes of overlay classification
  • The only purposes of the overlay classification are—

    • (a) to require the New Zealand Conservation Authority and relevant Conservation Boards to consult the relevant trustees and to have particular regard to the statements of iwi values, the protection principles, and the views of the relevant trustees, as provided for in sections 58 and 59; and

    • (b) to require the New Zealand Conservation Authority to give the relevant trustees an opportunity to make submissions, as provided for in section 60; and

    • (c) to enable the taking of action under sections 61 to 66.

57 Agreement on protection principles
  • (1) The relevant trustees and the Minister of Conservation may agree on and publicise protection principles that are intended to prevent—

    • (a) harm to the iwi values in relation to an overlay site; or

    • (b) the diminishing of the iwi values in relation to an overlay site.

    (2) The protection principles set out in paragraph 4.1 of part 1 of the documents schedule of a deed of settlement are to be treated as having been agreed by the relevant trustees and the Minister of Conservation.

    (3) The relevant trustees and the Minister of Conservation may agree in writing to any amendments to the protection principles.

58 New Zealand Conservation Authority and Conservation Boards to have particular regard to certain matters
  • When the New Zealand Conservation Authority or a Conservation Board considers or approves a conservation management strategy, conservation management plan, or national park management plan in relation to an overlay site, it must have particular regard to—

    • (a) the statements of iwi values for the site; and

    • (b) the protection principles for the site.

59 New Zealand Conservation Authority and Conservation Boards to consult relevant trustees
  • Before approving a conservation management strategy, conservation management plan, or national park management plan in relation to an overlay site, the New Zealand Conservation Authority or a Conservation Board must—

    • (a) consult the relevant trustees; and

    • (b) have particular regard to the views of the relevant trustees as to the effect of the strategy or plan on—

      • (i) the iwi values for the site; and

      • (ii) the protection principles for the site.

60 Conservation management strategy
  • If the relevant trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to an overlay site, the New Zealand Conservation Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.

61 Noting of overlay classification
  • (1) The application of the overlay classification to an overlay site must be noted in any conservation management strategy, conservation management plan, or national park management plan affecting the site.

    (2) The noting of the overlay classification under subsection (1)

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

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

62 Notification in Gazette
  • (1) The Minister of Conservation must notify the following in the Gazette:

    • (a) the application of the overlay classification to each overlay site, as soon as practicable after the settlement date; and

    • (b) the protection principles for each overlay site, as soon as practicable after the settlement date; and

    • (c) any amendment to the protection principles agreed under section 57(3), as soon as practicable after the amendment has been agreed in writing.

    (2) The Director-General may notify in the Gazette any action (including any specified action) taken or intended to be taken under section 63 or 64.

63 Actions by Director-General
  • (1) The Director-General must take action in relation to the protection principles that relate to an overlay site, including the specified actions.

    (2) The Director-General retains complete discretion to determine the method and extent of the action to be taken.

    (3) The Director-General must notify the relevant trustees in writing of any action intended to be taken.

64 Amendment to strategy or plan
  • (1) The Director-General may initiate an amendment to a conservation management strategy, conservation management plan, or national park management plan to incorporate objectives relating to the protection principles that relate to an overlay site.

    (2) The Director-General must consult any relevant Conservation Board before initiating an amendment under subsection (1).

    (3) An amendment initiated under subsection (1) is an amendment for the purposes of section 17I(1) to (3) of the Conservation Act 1987 or section 46(1) to (4) of the National Parks Act 1980, as the case may be.

65 Regulations
  • The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for 1 or more of the following purposes:

    • (a) to provide for the implementation of objectives included in a strategy or plan under section 64(1):

    • (b) to regulate or prohibit activities or conduct by members of the public in relation to an overlay site:

    • (c) to create offences for breaching any regulations made under paragraph (b):

    • (d) to provide for the following fines to be imposed:

      • (i) for an offence referred to in paragraph (c), a fine not exceeding $5,000; and

      • (ii) for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.

66 Bylaws
  • The Minister of Conservation may make bylaws for 1 or more of the following purposes:

    • (a) to provide for the implementation of objectives included in a strategy or plan under section 64(1):

    • (b) to regulate or prohibit activities or conduct by members of the public in relation to an overlay site:

    • (c) to create offences for breaching any bylaws made under paragraph (b):

    • (d) to provide for the following fines to be imposed:

      • (i) for an offence referred to in paragraph (c), a fine not exceeding $1,000; and

      • (ii) for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.

67 Existing classification of overlay sites
  • (1) This section applies if the overlay classification applies to any land in—

    • (a) a national park under the National Parks Act 1980; or

    • (b) a conservation area under the Conservation Act 1987; or

    • (c) a reserve under the Reserves Act 1977.

    (2) The overlay classification does not affect—

    • (a) the purpose of the national park, conservation area, or reserve; or

    • (b) the classification of the land as a national park, conservation area, or reserve.

68 Termination of overlay classification
  • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of an overlay site is no longer subject to the overlay classification.

    (2) The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—

    • (a) the relevant trustees and the Minister of Conservation have agreed in writing that the overlay classification is no longer appropriate for the relevant area; or

    • (b) the relevant area is to be, or has been, disposed of by the Crown; or

    • (c) the responsibility for managing the relevant area is to be, or has been, transferred to another Minister of the Crown or to the Commissioner of Crown Lands.

    (3) Subsection (4) applies if—

    • (a) subsection (2)(c) applies; or

    • (b) there is a change in the statutory management regime that applies to all or part of the overlay site.

    (4) The Crown must take reasonable steps to ensure that the relevant trustees continue to have input into the management of the relevant area.

69 Exercise of powers and performance of functions and duties
  • (1) The overlay classification does not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw.

    (2) A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the iwi values that relate to an overlay site than that person would give if the site were not subject to the overlay classification.

    (3) Subsection (2) does not limit subsection (1).

    (4) This section is subject to the other provisions of this subpart.

70 Rights not affected
  • (1) The overlay classification does not affect the lawful rights or interests of a person who is not a party to a deed of settlement.

    (2) This section is subject to the other provisions of this subpart.

71 Limitation of rights
  • (1) The overlay classification does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, an overlay site.

    (2) This section is subject to the other provisions of this subpart.

Subpart 4Vesting of cultural redress properties

72 Interpretation
  • In Parts 1 to 3, unless the context requires another meaning,—

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

    • Sites that vest in fee simple
    • (a) St Arnaud:

    • (b) Te Tai Tapu (Tombstone):

    • (c) Port Gore:

    • (d) Titiraukawa (Pelorus Bridge):

    • (e) Ngā Tai Whakaū (Kawai, World's End):

    • (f) Waimea Pā (Appleby School):

    • (g) Te Hora (Canvastown School):

    • (h) Picton Recreation Reserve:

    • (i) Tuamatene Marae, Grovetown:

    • (j) Rārangi:

    • (k) Wairau Lagoons (reinterment):

    • Site that vests in fee simple subject to conservation covenant
    • (l) Tītīrangi Bay site:

    • Sites that vest in fee simple to be administered as reserves
    • (m) Aorere Scenic Reserve:

    • (n) Cullen Point (Havelock):

    • (o) Moenui:

    • (p) Tarakaipa Island urupā:

    • (q) Te Pokohiwi:

    • (r) Waikutakuta / Robin Hood Bay:

    • (s) Ngākuta Bay:

    • (t) Momorangi:

    • (u) Endeavour Inlet site:

    • (v) Mātangi Āwhio (Nelson):

    • (w) Pukatea / Whites Bay:

    • (x) Horahora-kākahu

    jointly vested site means each of the following sites:

    • (a) Mātangi Āwhio (Nelson):

    • (b) Pukatea / Whites Bay:

    • (c) Horahora-kākahu

    reserve site means each of the 12 sites in paragraphs (m) to (x) of the definition of cultural redress property.

Sites that vest in fee simple

73 St Arnaud
  • (1) St Arnaud ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in St Arnaud then vests in the trustees of the Ngāti Apa ki te Rā Tō Trust.

74 Te Tai Tapu (Tombstone)
  • (1) Te Tai Tapu (Tombstone) (being part of North-west Nelson Forest Park) ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in Te Tai Tapu (Tombstone) then vests in the trustees of the Ngāti Apa ki te Rā Tō Trust.

75 Port Gore
  • (1) The reservation of Port Gore (being part of Titirangi Farm Park) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Port Gore then vests in the trustees of the Ngāti Apa ki te Rā Tō Trust.

76 Titiraukawa (Pelorus Bridge)
  • (1) The reservation of Titiraukawa (Pelorus Bridge) (being part of Pelorus Bridge Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Titiraukawa (Pelorus Bridge) then vests in the trustees of the Te Runanga o Ngāti Kuia Trust.

    (3) Subsections (1) and (2) do not take effect until the trustees of the Te Runanga o Ngāti Kuia Trust have provided the Crown with—

    • (a) a registrable right of way easement over the area shown as A on SO 427361 in favour of Section 3 SO 427361 and Section 64 Block VIII Heringa Survey District (part computer freehold register MB50/234) on the terms and conditions set out in part 5.2 of the documents schedule of the deed of settlement for Ngāti Kuia; and

    • (b) a registrable easement in gross for a right to convey water over the area shown as B on SO 427361 on the terms and conditions set out in part 5.1 of the documents schedule of the deed of settlement for Ngāti Kuia.

    (4) The sign in or on Titiraukawa (Pelorus Bridge) that relates to tree planting by volunteers does not vest in the trustees of the Te Runanga o Ngāti Kuia Trust, despite the vesting under subsection (2).

77 Ngā Tai Whakaū (Kawai, World's End)
  • (1) The road shown as Section 4 on SO 427401 is stopped.

    (2) Section 345(3) of the Local Government Act 1974 does not apply to the stopping of the road.

    (3) The stopped road then vests in the Crown as a scenic reserve subject to section 19 of the Reserves Act 1977.

    (4) The reservation of Ngā Tai Whakaū (Kawai, World's End) (being part of Tennyson Inlet Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is then revoked.

    (5) The fee simple estate in Ngā Tai Whakaū (Kawai, World's End) then vests in the trustees of the Te Runanga o Ngāti Kuia Trust.

78 Waimea Pā (Appleby School)
  • (1) The fee simple estate in Waimea Pā (Appleby School) vests in the trustees of the Te Runanga o Ngāti Kuia Trust.

    (2) Subsection (1) does not take effect until the trustees of the Te Runanga o Ngāti Kuia Trust have provided the Crown with a registrable lease of Waimea Pā (Appleby School) on the terms and conditions set out in part 5.5 of the documents schedule of the deed of settlement for Ngāti Kuia.

79 Te Hora (Canvastown School)
  • (1) The road shown as Section 1 on SO 4760, Marlborough Land District, is stopped.

    (2) Section 345(3) of the Local Government Act 1974 does not apply to the stopping of the road.

    (3) The stopped road is then set apart for a school site as if it were set apart under section 52 of the Public Works Act 1981.

    (4) The fee simple estate in Te Hora (Canvastown School) then vests in the trustees of the Te Runanga o Ngāti Kuia Trust.

    (5) Subsections (1) to (4) do not take effect until the trustees of the Te Runanga o Ngāti Kuia Trust have provided the Crown with a registrable lease of Te Hora (Canvastown School) on the terms and conditions set out in part 5.5 of the documents schedule of the deed of settlement for Ngāti Kuia.

80 Picton Recreation Reserve
  • (1) The reservation of Picton Recreation Reserve as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Picton Recreation Reserve then vests in the trustees of the Rangitāne o Wairau Settlement Trust.

81 Tuamatene Marae, Grovetown
  • The fee simple estate in Tuamatene Marae, Grovetown, vests in the trustees of the Rangitāne o Wairau Settlement Trust.

82 Rārangi
  • (1) Rārangi ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in Rārangi then vests in the trustees of the Rangitāne o Wairau Settlement Trust.

83 Wairau Lagoons (reinterment)
  • (1) The reservation of Wairau Lagoons (reinterment) (being part of Wairau Lagoons Wetland Management Reserve) as a government purpose reserve for wetland management purposes subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Wairau Lagoons (reinterment) then vests in the trustees of the Rangitāne o Wairau Settlement Trust.

Site that vests in fee simple subject to conservation covenant

84 Tītīrangi Bay site
  • (1) The reservation of the Tītīrangi Bay site (being part of Titirangi Farm Park) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in the Tītīrangi Bay site then vests in the trustees of the Te Runanga o Ngāti Kuia Trust.

    (3) The Minister of Conservation must provide the trustees of the Te Runanga o Ngāti Kuia Trust with a registrable right of way easement over the area shown as A on SO 433149 in favour of the Tītīrangi Bay site on the terms and conditions set out in part 5.4 of the documents schedule of the deed of settlement for Ngāti Kuia.

    (4) The easement—

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

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

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

    (5) Subsections (1) to (4) do not take effect until the trustees of the Te Runanga o Ngāti Kuia Trust have provided the Crown with a registrable covenant in relation to the Tītīrangi Bay site on the terms and conditions set out in part 5.3 of the documents schedule of the deed of settlement for Ngāti Kuia.

    (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.

Sites that vest in fee simple to be administered as reserves

85 Aorere Scenic Reserve
  • (1) The reservation of Aorere Scenic Reserve as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Aorere Scenic Reserve then vests in the trustees of the Ngāti Apa ki te Rā Tō Trust.

    (3) Aorere Scenic Reserve is then 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 is named Aorere Scenic Reserve.

    (5) Despite anything in the Reserves Act 1977,—

    • (a) the trustees of the Ngāti Apa ki te Rā Tō Trust may construct a building on Aorere Scenic Reserve, with a floor area of no more than 100 m2, to be used for private non-commercial purposes; and

    • (b) the building may be used for those purposes.

    (6) However, the building must—

    • (a) be constructed and used in a manner that is consistent with any management plan for Aorere Scenic Reserve prepared and approved under section 41 of the Reserves Act 1977; and

    • (b) comply with all other lawful requirements (for example, under the Resource Management Act 1991 or the Building Act 2004).

86 Cullen Point (Havelock)
  • (1) The reservation of Cullen Point (Havelock) (being part of Cullen Point Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Cullen Point (Havelock) then vests in the trustees of the Te Runanga o Ngāti Kuia Trust.

    (3) Cullen Point (Havelock) is then 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 is named Te Poho-a-Kuia Scenic Reserve.

87 Moenui
  • (1) The reservation of Moenui (being Moenui Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Moenui then vests in the trustees of the Te Runanga o Ngāti Kuia Trust.

    (3) Moenui is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (4) The reserve is named Moenui / Priestly Recreation Reserve.

    (5) Subsections (1) to (4) do not take effect until the trustees of the Te Runanga o Ngāti Kuia Trust have provided Moenui Community Association Incorporated with—

    • (a) a registrable right of way easement in gross over the areas shown as A, B, and C on SO 433118 on the terms and conditions set out in part 5.6 of the documents schedule of the deed of settlement for Ngāti Kuia; and

    • (b) a registrable easement in gross for a right to convey water over the areas shown as A, C, and D on SO 433118 and A on SO 436369 on the terms and conditions set out in part 5.7 of the documents schedule of the deed of settlement for Ngāti Kuia; and

    • (c) a registrable easement in gross for a right to convey electricity over the area shown as A on SO 436369 on the terms and conditions set out in part 5.8 of the documents schedule of the deed of settlement for Ngāti Kuia.

    (6) Each easement—

    • (a) is enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977; and

    • (b) is to be treated as having been granted in accordance with that Act.

88 Tarakaipa Island urupā
  • (1) The reservation of the Tarakaipa Island urupā (being part of Tarakaipa Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in the Tarakaipa Island urupā then vests in the trustees of the Te Runanga o Ngāti Kuia Trust.

    (3) The Tarakaipa Island urupā is then 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 is named Oaie Scenic Reserve.

89 Agreement relating to Te Pokohiwi
  • The Minister of Conservation may, before the settlement date, grant an unregistered agreement for access over Te Pokohiwi in favour of the registered proprietors of the land contained in computer freehold register 546587 at the time of the grant, despite any other enactment or rule of law.

90 Te Pokohiwi
  • (1) The reservation of Te Pokohiwi (being part of Wairau Lagoons Wetland Management Reserve) as a government purpose reserve for wetland management purposes subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Te Pokohiwi then vests in the trustees of the Rangitāne o Wairau Settlement Trust.

    (3) Te Pokohiwi is then declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

    (4) The reserve is named Te Pokohiwi Historic Reserve.

    (5) Subsections (1) to (4) do not take effect until the trustees of the Rangitāne o Wairau Settlement Trust have provided the Crown with a registrable right of way easement in gross over the area shown as A on SO 437606 on the terms and conditions set out in part 5.1 of the documents schedule of the deed of settlement for Rangitāne o Wairau.

    (6) The easement—

    • (a) is enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977; and

    • (b) is to be treated as having been granted in accordance with that Act.

    (7) Immediately after the vesting of Te Pokohiwi under subsection (2), the boulder bank site is changed in classification to be a historic reserve subject to section 18 of the Reserves Act 1977.

    (8) The Registrar-General must, as soon as is reasonably practicable after subsection (7) takes effect, record on any computer register that contains all or part of the boulder bank site that, under this section, the land in the boulder bank site is classified as a historic reserve subject to section 18 of the Reserves Act 1977.

    (9) To avoid doubt, the boulder bank site remains vested in the Crown.

    (10) In this section, boulder bank site means 180 hectares of land, approximately, being Part Section 4 SO 437606 as shown as B on OTS–099–68, subject to survey, and being part Gazette 1994, p 2481.

91 Waikutakuta / Robin Hood Bay
  • (1) The reservation of Waikutakuta / Robin Hood Bay (being part of Robin Hood Bay Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Waikutakuta / Robin Hood Bay then vests in the trustees of the Rangitāne o Wairau Settlement Trust.

    (3) Waikutakuta / Robin Hood Bay is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (4) The reserve is named Waikutakuta Recreation Reserve.

92 Ngākuta Bay
  • (1) The reservation of Ngākuta Bay (being part of Ngakuta Bay Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Ngākuta Bay then vests in the trustees of the Rangitāne o Wairau Settlement Trust.

    (3) Ngākuta Bay is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (4) The reserve is named Te Whakamana Recreation Reserve.

93 Momorangi
  • (1) The reservation of Momorangi (being part of Momorangi Bay Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Momorangi then vests in the trustees of the Rangitāne o Wairau Settlement Trust.

    (3) Momorangi is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (4) The reserve is named Rangitāne Recreation Reserve.

94 Endeavour Inlet site
  • (1) The Endeavour Inlet site ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in the Endeavour Inlet site then vests in the trustees of the Rangitāne o Wairau Settlement Trust.

    (3) The Endeavour Inlet site is then 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 is named Punaruawhiti Scenic Reserve.

95 Mātangi Āwhio (Nelson)
  • (1) The reservation of Mātangi Āwhio (Nelson) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Mātangi Āwhio (Nelson) then vests as undivided seventh shares in the specified groups of trustees as tenants in common, as follows:

    • (a) under this paragraph,—

      • (i) a share vests in the trustees of the Ngāti Apa ki te Rā Tō Trust; and

      • (ii) a share vests in the trustees of the Te Runanga o Ngāti Kuia Trust; and

      • (iii) a share vests in the trustees of the Rangitāne o Wairau Settlement Trust; and

    • (b) under section 302(2)(a) of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013,—

      • (i) a share vests in the trustees of Te Pātaka a Ngāti Kōata; and

      • (ii) a share vests in the trustees of the Ngāti Rārua Settlement Trust; and

      • (iii) a share vests in the trustees of the Ngāti Tama ki Te Waipounamu Trust; and

      • (iv) a share vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Mātangi Āwhio (Nelson) is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (4) The reserve is named Mātangi Āwhio (Nelson) Recreation Reserve.

    (5) Nelson City Council is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve, as if the reserve were vested in the Council under section 26 of that Act.

    (6) Subsection (5) continues to apply despite any subsequent transfer under section 108.

    (7) Any improvements in or on Mātangi Āwhio (Nelson) do not vest in any of the trustees, despite the vestings referred to in subsection (2).

96 Pukatea / Whites Bay
  • (1) The reservation of Pukatea / Whites Bay (being part of Whites Bay Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Pukatea / Whites Bay then vests as undivided third shares in the specified groups of trustees as tenants in common, as follows:

    • (a) a share vests in the trustees of the Rangitāne o Wairau Settlement Trust under this paragraph; and

    • (b) a share vests in the trustees of the Ngāti Rārua Settlement Trust under section 303(2)(a) of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013; and

    • (c) a share vests in the trustee of the Toa Rangatira Trust under section 492(2)(a) of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013.

    (3) Pukatea / Whites Bay is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (4) The reserve is named Pukatea / Whites Bay Recreation Reserve.

    (5) The joint management body established by section 106(1) is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve, as if the reserve were vested in the body (as if in trustees) under section 26 of that Act.

    (6) Subsection (5) continues to apply despite any subsequent transfer under section 108.

97 Horahora-kākahu
  • (1) The reservation of Horahora-kākahu (being Horahora-kakahu Historic Reserve) as a historic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Horahora-kākahu then vests as undivided third shares in the specified groups of trustees as tenants in common, as follows:

    • (a) a share vests in the trustees of the Rangitāne o Wairau Settlement Trust under this paragraph; and

    • (b) a share vests in the trustees of the Ngāti Rārua Settlement Trust under section 304(2)(a) of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013; and

    • (c) a share vests in the trustee of the Toa Rangatira Trust under section 493(2)(a) of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013.

    (3) Horahora-kākahu is then declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

    (4) The reserve is named Horahora-kākahu Historic Reserve.

    (5) The joint management body established by section 106(1) is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve, as if the reserve were vested in the body (as if in trustees) under section 26 of that Act.

    (6) Subsection (5) continues to apply despite any subsequent transfer under section 108.

    (7) The historic monument at Horahora-kākahu does not vest in any of the trustees, despite the vestings referred to in subsection (2).

Subpart 5General provisions relating to vesting of cultural redress properties

General provisions

98 Properties are subject to, or benefit from, interests
  • Each cultural redress property vested in the relevant trustees under subpart 4 is subject to, or benefits from, any interests listed for the property in Schedule 3.

99 Interests in land for reserve sites that are jointly vested sites
  • (1) This section applies to a jointly vested site while the site has an administering body that is treated as if the site were vested in it.

    (2) This section applies to all, or only the part, of the site that remains a reserve under the Reserves Act 1977 (the reserve land).

    (3) Any interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered proprietor of the reserve land.

    (4) Subsection (3) continues to apply despite any subsequent transfer of the reserve land under section 108.

100 Interests that are not interests in land
  • (1) This section applies if a cultural redress property is subject to an interest listed for the property in Schedule 3 that is not an interest in land and for which there is a grantor, whether or not the interest also applies to land outside the property.

    (2) The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property.

    (3) The interest applies—

    • (a) until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and

    • (b) with any other necessary modifications; and

    • (c) despite any change in status of the land in the property.

101 Registration of ownership
  • (1) This section applies in relation to the fee simple estate in a cultural redress property vested in any trustees under subpart 4.

    (2) To the extent that a cultural redress property (other than Waikutakuta / Robin Hood Bay, Tuamatene Marae, Grovetown, or a jointly vested site) is all of the land contained in a computer freehold register, the Registrar-General must, on written application by an authorised person,—

    • (a) register the trustees in whom the property is vested under subpart 4 as the proprietors of the fee simple estate in the land; and

    • (b) record anything in the register, and do anything else, that is necessary to give effect to this Part and to part 5 of the relevant deed of settlement.

    (3) To the extent that subsection (2) does not apply to a cultural redress property (other than a jointly vested site), or in the case of Waikutakuta / Robin Hood Bay or Tuamatene Marae, Grovetown, the Registrar-General must, in accordance with a written application by an authorised person,—

    • (a) create 1 or more computer freehold registers for the fee simple estate in the property in the names of the trustees in whom the property is vested under subpart 4; and

    • (b) record on the relevant registers any interests that are registered, notified, or notifiable and that are described in the application.

    (4) For a jointly vested site, the Registrar-General must, in accordance with written applications by an authorised person,—

    • (a) create 1 or more computer freehold registers for each undivided equal share of the fee simple estate in the property in the names of the trustees in whom the share is vested under subpart 4; and

    • (b) record on the relevant registers any interests that are registered, notified, or notifiable and that are described in the applications.

    (5) Subsections (3) and (4) are subject to the completion of any survey necessary to create a 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 Crown and the trustees in whom the property is vested under subpart 4.

    (7) In this section, authorised person means a person authorised by—

    • (a) the Secretary for Justice, for Tuamatene Marae, Grovetown; or

    • (b) the Secretary for Education, for the following properties:

      • (i) Waimea Pā (Appleby School):

      • (ii) Te Hora (Canvastown School); or

    • (c) the Director-General, for all other properties.

102 Application of Part 4A of Conservation Act 1987
  • (1) The vesting of the fee simple estate in a cultural redress property in any trustees 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 a reserve site in any trustees under subpart 4.

    (3) If the reservation, under subpart 4, of a reserve site is revoked in relation to all or part of the site, then the vesting of the site in any trustees under subpart 4 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 (as the case may be).

103 Recording application of Part 4A of Conservation Act 1987 and sections of this Act
  • (1) The Registrar-General must record on any computer freehold register for a reserve site (other than a jointly vested site)—

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

    • (b) that the land is subject to sections 102(3) and 107.

    (2) The Registrar-General must record on any computer freehold register created under section 101 for a jointly vested site—

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

    • (b) that the land is subject to sections 99(3), 102(3), and 108.

    (3) The Registrar-General must record on any computer freehold register for any other cultural redress property that the land is subject to Part 4A of the Conservation Act 1987.

    (4) A notification made under any of subsections (1) to (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) For a reserve site other than a jointly vested site, if the reservation of the 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 any computer freehold register for the site—

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

      • (ii) the notifications that the site is subject to sections 102(3) and 107; or

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

    (6) For a jointly vested site, if the reservation of the 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 any computer freehold register created under section 101 for the site—

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

      • (ii) the notification that the site is subject to sections 99(3), 102(3), and 108; or

    • (b) part of the site, then the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on any computer freehold register, created under section 101 or derived from a computer freehold register created under section 101, for the part of the site that remains a reserve.

    (7) The Registrar-General must comply with an application received in accordance with subsection (5)(a) or (6)(a).

104 Application of other enactments
  • (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 a deed of settlement in relation to a cultural redress property.

Provisions relating to reserve sites

105 Application of Reserves Act 1977 to reserve sites
  • (1) The trustees in whom a reserve site is vested under subpart 4 are the administering body of the reserve site, except as provided by sections 95(5), 96(5), and 97(5).

    (2) Sections 48A, 114, and 115 of the Reserves Act 1977 apply to a reserve site, despite sections 48A(6), 114(5), and 115(6) of that Act.

    (3) Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve site (other than Mātangi Āwhio (Nelson)).

    (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 (except subsection (2)) of that Act does not apply to the revocation.

106 Joint management body for Pukatea / Whites Bay and Horahora-kākahu
  • (1) A joint management body is established for Pukatea / Whites Bay and Horahora-kākahu.

    (2) Each of the following 3 groups of trustees may appoint 2 members to the joint management body:

    • (a) the trustees of the Rangitāne o Wairau Settlement Trust; and

    • (b) the trustees of the Ngāti Rārua Settlement Trust; and

    • (c) the trustee of the Toa Rangatira Trust.

    (3) An appointer may appoint a member only by giving a written notice with the following details to the 1 or more other appointers:

    • (a) the member's full name, address, and other contact details; and

    • (b) the date on which the appointment takes effect, which must be no earlier than the date of the notice.

    (4) An appointment ends after 5 years or when the appointer replaces the member by appointing another member (whichever comes first).

    (5) A member may be appointed, reappointed, or discharged at the discretion of the appointer.

    (6) Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a Board.

    (7) Subsection (6) applies subject to subsections (8) and (9).

    (8) The first meeting of the body must be held no later than 2 months after the settlement date.

    (9) If the 3 groups of trustees referred to in subsection (2) agree to adopt alternative provisions about meetings of the body,—

    • (a) those provisions apply; and

    • (b) section 32 of the Reserves Act 1977 does not apply.

107 Subsequent transfer of reserve sites (other than jointly vested sites)
  • (1) This section applies to a reserve site (other than a jointly vested site).

    (2) This section applies to all, or only the part, of the reserve site that remains a reserve under the Reserves Act 1977 after the site has vested in any trustees under subpart 4 (the reserve land).

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

    (4) 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, upon written application, the registered proprietors of the reserve land satisfy the Minister 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 that Act.

    (5) The Registrar-General must, upon receiving the documents specified in subsection (6), register the new owners as the proprietors of the fee simple estate in the reserve land.

    (6) 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 registration of the transfer instrument.

    (7) The new owners, from the time of registration under subsection (5),—

    • (a) are the administering body of the reserve land; and

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

    (8) However, subsections (3) to (7) 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 any new trustee has been appointed to the trust or 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.

108 Subsequent transfer of jointly vested sites
  • (1) This section applies to all, or only the part, of a jointly vested site that remains a reserve under the Reserves Act 1977 after the site has vested in any trustees under subpart 4 of this Part, subpart 4 of Part 5 of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013, or subpart 3 of Part 9 of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013 (the reserve land).

    (2) The fee simple estate in the reserve land may be transferred only 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 any new trustee has been appointed to the trust or 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.

109 No mortgage of reserve land
  • (1) This section applies to all, or only the part, of a reserve site that remains a reserve under the Reserves Act 1977 after the site has vested in any trustees under subpart 4 (the reserve land).

    (2) The owners of the reserve land must not mortgage, or give a security interest in, all or part of the land.

110 Saving of bylaws, etc, in relation to reserve sites
  • (1) This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation has made or imposed under the Reserves Act 1977 or the Conservation Act 1987 in relation to a reserve site before the site vests in any trustees under subpart 4.

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

111 Names of Crown protected areas and reserve sites
  • (1) Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the settlement date, was all or part of a Crown protected area.

    (2) The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.

    (3) A reserve site is not a Crown protected area, despite anything in the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

    (4) A reserve site must not have a name assigned to it, or have its name changed, under section 16(10) of the Reserves Act 1977 without the written consent of the owners 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 by section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

Subpart 6Vesting and gifting back of properties

112 Vesting and gifting back of alpine tarns
  • (1) The trustees of the Ngāti Apa ki te Rā Tō Trust may give written notice to the Minister of Conservation of the date on which the alpine tarns are to vest in the trustees.

    (2) The proposed date must be no later than 9 months after the settlement date.

    (3) The trustees must give the Minister of Conservation at least 40 working days' notice of the proposed date.

    (4) The Minister of Conservation must publish a notice in the Gazette

    • (a) specifying the proposed date given by the trustees in accordance with subsections (1) to (3) (the vesting date); and

    • (b) stating that the fee simple estate in the alpine tarns vests in the trustees of the Ngāti Apa ki te Rā Tō Trust on the vesting date.

    (5) The notice must be published as early as practicable before the vesting date.

    (6) The fee simple estate in the alpine tarns vests in the trustees of the Ngāti Apa ki te Rā Tō Trust on the vesting date.

    (7) On the seventh day after the vesting date, the fee simple estate in the alpine tarns vests in the Crown as a gift back to the Crown by the trustees for the people of New Zealand.

    (8) Despite the vestings,—

    • (a) the alpine tarns remain part of the Nelson Lakes National Park under the National Parks Act 1980, and that Act continues to apply to the national park, as if the vestings had not occurred; and

    • (b) any other enactment or any instrument that applied to the alpine tarns immediately before the vesting date continues to apply to them as if the vestings had not occurred; and

    • (c) any interest that affected the alpine tarns immediately before the vesting date continues to affect them as if the vestings had not occurred; and

    • (d) to the extent that the statutory acknowledgement, a deed of recognition, or the overlay classification applied to the alpine tarns immediately before the vesting date, it continues to apply to them as if the vestings had not occurred; and

    • (e) the Crown retains all liability for the alpine tarns as if the vestings had not occurred.

    (9) The vestings are not affected by Part 4A of the Conservation Act 1987, section 11 and Part 10 of the Resource Management Act 1991, or any other enactment.

    (10) In this section, alpine tarns means the areas shown as A, B, C, D, E, and F on SO 432660.

113 Vesting and gifting back of Te Tai Tapu
  • (1) The fee simple estate in Te Tai Tapu vests jointly in—

    • (a) the trustees of the Ngāti Apa ki te Rā Tō Trust under this paragraph; and

    • (b) the trustees of the Ngāti Rārua Settlement Trust, the trustees of the Ngāti Tama ki Te Waipounamu Trust, and the trustees of the Te Ātiawa o Te Waka-a-Māui Trust under section 327(1)(a) of Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013.

    (2) On the seventh day after the settlement date, the fee simple estate in Te Tai Tapu vests in the Crown as a gift back to the Crown by the trustees for the people of New Zealand.

    (3) Despite the vestings,—

    • (a) Te Tai Tapu remains part of the North-west Nelson Forest Park under the Conservation Act 1987, and that Act continues to apply to the site, as if the vestings had not occurred; and

    • (b) any other enactment or any instrument that applied to Te Tai Tapu immediately before the settlement date continues to apply to it as if the vestings had not occurred; and

    • (c) any interest that affected Te Tai Tapu immediately before the settlement date continues to affect it as if the vestings had not occurred; and

    • (d) the Crown retains all liability for Te Tai Tapu as if the vestings had not occurred.

    (4) The vestings are not affected by Part 4A of the Conservation Act 1987, section 11 and Part 10 of the Resource Management Act 1991, or any other enactment.

    (5) To the extent that the statutory acknowledgement or a deed of recognition applies to Te Tai Tapu, it applies only after the site vests back in the Crown.

    (6) In this section, Te Tai Tapu means 28 600 hectares, approximately, being Lot 1 DP 11694, Section 5 SO 426795, and Sections 2, 4, and 6 and Parts Section 1 Square 17, Nelson Land District (as shown on SO 433299).

Subpart 7Geographic names

114 Interpretation
  • In this subpart,—

    New Zealand Geographic Board has the meaning given to Board by section 4 of the NZGB Act

    NZGB Act means the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008

    official geographic name has the meaning given by section 4 of the NZGB Act.

115 New names of features
  • (1) A name specified in the first column of the table in the following clauses is assigned to the feature described in the second and third columns of the table:

    • (a) clause 5.26.1 of the deed of settlement for Ngāti Apa ki te Rā Tō:

    • (b) clause 5.19.1 of the deed of settlement for Ngāti Kuia:

    • (c) clause 5.18.1 of the deed of settlement for Rangitāne o Wairau.

    (2) A name specified in the first column of the table in the following clauses for the feature described in the third and fourth columns of the table is altered to the name specified in the second column of the table:

    • (a) clause 5.26.2 of the deed of settlement for Ngāti Apa ki te Rā Tō:

    • (b) clause 5.19.2 of the deed of settlement for Ngāti Kuia:

    • (c) clause 5.18.2 of the deed of settlement for Rangitāne o Wairau.

    (3) Each assignment or alteration is to be treated as if it were an assignment or alteration of the official geographic name by a determination of the New Zealand Geographic Board, under section 19 of the NZGB Act, that takes effect on the settlement date.

116 Publication of new names
  • (1) The New Zealand Geographic Board must, as soon as practicable after the settlement date, give public notice of each assignment or alteration of a name under section 115 in accordance with section 21(2) and (3) of the NZGB Act.

    (2) However, the notices must state that the assignments and alterations took effect on the settlement date.

117 Alteration of new names
  • (1) The New Zealand Geographic Board need not comply with the requirements of sections 16, 17, 18, 19(1), and 20 of the NZGB Act in making a determination to alter the official geographic name of a feature named by this subpart.

    (2) Instead, the Board may make the determination as long as it has the written consent of the following trustees:

    • (a) the trustees of the settlement trusts; and

    • (b) the trustees of the related settlement trusts; and

    • (c) the trustee of the Toa Rangatira Trust.

    (3) To avoid doubt, the Board must give public notice of the determination in accordance with section 21(2) and (3) of the NZGB Act.

Subpart 8Customary use of eels

118 Acknowledgement of association
  • (1) The Crown acknowledges the association of Ngāti Apa ki te Rā Tō with eels in the eels redress area.

    (2) In this section and section 119, eels redress area means the part of the Nelson Lakes National Park within the area shown on the map attached to the proposed conservation protocol set out in part 4 of the documents schedule of the deed of settlement for Ngāti Apa ki te Rā Tō.

119 Customary use of eels
  • (1) The trustees of the Ngāti Apa ki te Rā Tō Trust may apply to the Minister of Conservation, on behalf of members of Ngāti Apa ki te Rā Tō who are specified in the application, for consent under section 5(2) of the National Parks Act 1980 to take eels for customary use from the eels redress area.

    (2) The Minister of Conservation may grant the consent to take eels only if he or she is satisfied that—

    • (a) there is no other reasonably accessible source of eels; and

    • (b) the eels are to be used for an extraordinary cultural event; and

    • (c) the taking of the eels will not adversely affect the preservation of the eel population and habitat in Nelson Lakes National Park.

    (3) If the Minister of Conservation is deciding whether to grant a consent, and information about the eel population or the adverse effects of the proposed taking of eels is absent, uncertain, unreliable, or inadequate, the Minister—

    • (a) must be cautious in deciding whether the requirement in subsection (2)(c) is met; and

    • (b) must not use the absence, uncertainty, unreliability, or inadequacy of the information as a reason for granting the consent.

    (4) This section does not affect any provisions of the National Parks Act 1980 that relate to granting a consent, except as provided in subsections (2) and (3).

    (5) A person who takes eels under a consent referred to in this section must also comply with any requirements of the Fisheries Act 1996 and any regulations made under that Act.

Subpart 9Pakohe removal and consultation

120 Interpretation
  • In this subpart,—

    mineral has the meaning given by section 2(1) of the Crown Minerals Act 1991

    pakohe means metamorphosed indurated mudstone (otherwise known as argillite) that is grey-to-black in colour and associated with the Nelson/Marlborough region

    relevant pakohe area, for Ngāti Kuia or Rangitāne o Wairau, means an area shown on a deed plan in part 2.5 of the attachments schedule of the deed of settlement for that iwi

    riverbed means the land that the waters of a river or other natural watercourse cover at its fullest flow without flowing over its banks.

121 Acknowledgement of association
  • The Crown acknowledges—

    • (a) the long-standing cultural, historical, and traditional association of Ngāti Kuia and Rangitāne o Wairau with pakohe; and

    • (b) the statements of association of Ngāti Kuia and Rangitāne o Wairau with pakohe, in the forms set out in part 2.2 of the documents schedule of the deed of settlement for each iwi.

122 Authorisation to search for and remove pakohe
  • (1) A member of Ngāti Kuia who has written authorisation from the trustees of the Te Runanga o Ngāti Kuia Trust, or a member of Rangitāne o Wairau who has written authorisation from the trustees of the Rangitāne o Wairau Settlement Trust, may, by hand,—

    • (a) search for pakohe in any part of a riverbed in a relevant pakohe area; and

    • (b) remove pakohe from that part of the riverbed.

    (2) A person who removes pakohe from a riverbed under subsection (1) may also remove from the riverbed, by hand, any other minerals that are—

    • (a) bound to the pakohe; or

    • (b) reasonably necessary for working the pakohe by traditional methods.

    (3) A person who removes pakohe or minerals under subsection (1) or (2) must,—

    • (a) each day, remove no more than the person can carry by hand in 1 load without assistance; and

    • (b) not use machinery or cutting equipment to remove the pakohe or minerals.

123 Access to riverbed to search for and remove pakohe
  • A person who is authorised to search for pakohe in, and remove pakohe from, a riverbed under section 122 may access the riverbed over conservation land for that purpose, but only—

    • (a) on foot; or

    • (b) by any means that are available to the public; or

    • (c) by any other means, and subject to any conditions, specified in writing by the Director-General.

124 Obligations if accessing riverbed
  • A person who accesses a riverbed under section 122 or 123 must take all reasonable care to do no more than minor damage to vegetation on, and other natural features of, the riverbed and surrounding areas.

125 Relationship with other enactments
  • (1) A person exercising a right under section 122 or 123 must comply with all other lawful requirements (for example, under the Resource Management Act 1991).

    (2) However,—

    • (a) a person may exercise a right under section 122 or 123 despite not having any authorisation required by the conservation legislation; and

    • (b) a permit is not required under section 8(1)(a) of the Crown Minerals Act 1991 to exercise a right under section 122(1).

    (3) To avoid doubt, an activity that is not performed by exercising a right under section 122(1) may require a permit under section 8(1)(a) of the Crown Minerals Act 1991.

    (4) The rights under sections 122 and 123 do not apply in relation to any part of a riverbed that is—

    • (a) an ecological area declared under section 18 of the Conservation Act 1987; or

    • (b) an archaeological site (as defined by section 2 of the Historic Places Act 1993).

126 Consultation in relation to pakohe
  • (1) This section applies if the Director-General exercises powers, or performs functions or duties, under conservation legislation in a manner likely to affect the relationship of Ngāti Kuia or Rangitāne o Wairau with pakohe located—

    • (a) in any part of a riverbed in a relevant pakohe area; or

    • (b) on land in a relevant pakohe area that the Director-General knows is land from which pakohe is traditionally gathered.

    (2) The Director-General must, in exercising the powers, or performing the functions or duties,—

    • (a) have regard to the statements of association of Ngāti Kuia and Rangitāne o Wairau with pakohe referred to in section 121(b); and

    • (b) consult the trustees of the Te Runanga o Ngāti Kuia Trust and the trustees of the Rangitāne o Wairau Settlement Trust; and

    • (c) have regard to the trustees' views.

127 Relevant pakohe area may be added to, or removed from, deed of settlement
  • (1) Part 2.5 of the attachments schedule of the deed of settlement for Ngāti Kuia, or of the deed of settlement for Rangitāne o Wairau, may be amended by adding a deed plan showing another relevant pakohe area for that iwi, with the amendment having legal effect under this subpart, but only if—

    • (a) the area is conservation land that contains a riverbed; and

    • (b) the area is in the conservation protocol area for that iwi; and

    • (c) the amendment is agreed to by the Director-General and the trustees of that iwi's settlement trust.

    (2) If a relevant pakohe area is proposed to be added to the deed of settlement for either Ngāti Kuia or Rangitāne o Wairau under subsection (1), and the relevant protocol area is wholly or partly in the conservation protocol area of the other of those 2 iwi, then the Director-General must give written notice of the proposal to that other iwi.

    (3) Part 2.5 of the attachments schedule of the deed of settlement for Ngāti Kuia, or of the deed of settlement for Rangitāne o Wairau, may be amended by removing a deed plan showing a relevant pakohe area for that iwi, with the amendment having legal effect under this subpart, but only if the amendment is agreed to by the Director-General and the trustees of that iwi's settlement trust.

Subpart 10Minerals fossicking right

128 Interpretation
  • In this subpart,—

    relevant fossicking area, for a settlement iwi, means an area shown on the deed plan in part 2.4 of the attachments schedule of the deed of settlement for that iwi

    riverbed means the land that the waters of a river or other natural watercourse cover at its fullest flow without flowing over its banks.

129 Authorisation to search for and remove sand, shingle, or other natural material
  • (1) A member of a settlement iwi who has written authorisation from the trustees of that iwi's settlement trust may, by hand,—

    • (a) search for any sand, shingle, or other natural material in any part of a riverbed that is, or is bounded on either side by, conservation land in a relevant fossicking area; and

    • (b) remove the material from that part of the riverbed.

    (2) A person who removes sand, shingle, or other natural material under subsection (1) must,—

    • (a) each day, remove no more than the person can carry by hand in 1 load without assistance; and

    • (b) not use machinery or cutting equipment to remove the material.

130 Access to riverbed to search for and remove sand, shingle, or other natural material
  • A person who is authorised to search for sand, shingle, or other natural material in, and remove the material from, a riverbed under section 129 may access the riverbed over conservation land for that purpose, but only—

    • (a) on foot; or

    • (b) by any means that are available to the public; or

    • (c) by any other means, and subject to any conditions, specified in writing by the Director-General or the Commissioner of Crown Lands.

131 Obligations if accessing riverbed
  • A person who accesses a riverbed under section 129 or 130 must take all reasonable care to do no more than minor damage to vegetation on, and other natural features of, the riverbed and surrounding areas.

132 Relationship with other enactments
  • (1) A person exercising a right under section 129 or 130 must comply with all other lawful requirements (for example, under the Resource Management Act 1991).

    (2) However,—

    • (a) a person may exercise a right under section 129 or 130 despite not having any authorisation required by the conservation legislation; and

    • (b) a person may exercise a right under section 129 despite not having any authorisation required by the Land Act 1948.

    (3) The rights under sections 129 and 130 do not apply in relation to any part of a riverbed that is—

    • (a) an ecological area declared under section 18 of the Conservation Act 1987; or

    • (b) an archaeological site (as defined by section 2 of the Historic Places Act 1993); or

    • (c) land described in Schedule 4 of the Crown Minerals Act 1991.

Subpart 11Statutory kaitiaki and customary use of tītī

133 Interpretation
  • In this subpart,—

    Chetwode Islands means Chetwode Island Nature Reserve, being 323.7485 hectares, more or less, Nature Reserve, Block XXVI Gore Survey District (part Gazette 1904, p 2119, all Gazette 1934, p 878, and part Gazette 1975, p 922)

    tītī means the young of the species Puffinus griseus (sooty shearwater), commonly known as a muttonbird

    Tītī Island means Titi Island Nature Reserve, being 32.3748 hectares, more or less, Nature Reserve, Block XXIII Gore Survey District (part Gazette 1901, p 2034, and part Gazette 1975, p 922).

134 Statutory kaitiaki may advise Minister of Conservation and Director-General
  • (1) The trustees of the Te Runanga o Ngāti Kuia Trust are appointed as statutory kaitiaki of Tītī Island and the Chetwode Islands.

    (2) The trustees, as statutory kaitiaki of the islands, may provide written advice to the Minister of Conservation or the Director-General about—

    • (a) the management of the tītī population on the islands; and

    • (b) applications under section 57 of the Reserves Act 1977 for access to the islands.

    (3) The Minister of Conservation or the Director-General must have regard to written advice received from the trustees on a matter referred to in subsection (2) when making a decision on the matter.

135 Customary use of tītī by Ngāti Kuia
  • (1) The trustees of the Te Runanga o Ngāti Kuia Trust may apply to the Minister of Conservation, on behalf of members of Ngāti Kuia who are specified in the application, for—

    • (a) an authorisation under section 50(1) of the Reserves Act 1977 to take and kill tītī on Tītī Island and the Chetwode Islands for customary use; and

    • (b) a permit under section 57(1) of the Reserves Act 1977 to access the islands for the purposes described in paragraph (a).

    (2) The trustees of the Te Runanga o Ngāti Kuia Trust may apply to the Director-General, on behalf of members of Ngāti Kuia who are specified in the application, for an authorisation under section 53(1) of the Wildlife Act 1953 to kill tītī on Tītī Island and the Chetwode Islands for customary use.

    (3) The Minister of Conservation or the Director-General may grant an authorisation or permit referred to in subsection (1) or (2), in relation to tītī, only if he or she is satisfied that the killing of those tītī will not adversely affect the long-term survival of the tītī population on the islands.

    (4) This section does not affect any provisions of the Reserves Act 1977 or the Wildlife Act 1953 that relate to granting an authorisation or permit, except as provided in subsection (3).

136 Customary use of tītī by Rangitāne o Wairau
  • (1) The trustees of the Rangitāne o Wairau Settlement Trust may apply to the Minister of Conservation, on behalf of members of Rangitāne o Wairau who have traditionally used tītī from Tītī Island and the Chetwode Islands and who are specified in the application, for—

    • (a) an authorisation under section 50(1) of the Reserves Act 1977 to take and kill tītī on the islands for customary use; and

    • (b) a permit under section 57(1) of the Reserves Act 1977 to access the islands for the purposes described in paragraph (a).

    (2) The trustees of the Rangitāne o Wairau Settlement Trust may apply to the Director-General, on behalf of members of Rangitāne o Wairau who have traditionally used tītī from Tītī Island and the Chetwode Islands and who are specified in the application, for an authorisation under section 53(1) of the Wildlife Act 1953 to kill tītī on the islands for customary use.

    (3) The Minister of Conservation or the Director-General may grant an authorisation or permit referred to in subsection (1) or (2), in relation to tītī, only if he or she is satisfied that killing those tītī will not adversely affect the long-term survival of the tītī population on the islands.

    (4) This section does not affect any provisions of the Reserves Act 1977 or the Wildlife Act 1953 that relate to granting an authorisation or permit, except as provided in subsection (3).

Subpart 12Recognition of historical association with Endeavour Inlet

137 Recognition of historical association with Endeavour Inlet
  • The Crown recognises the historical association of Rangitāne o Wairau with Endeavour Inlet.

Subpart 13River and freshwater advisory committee

138 Advisory committee established
  • An advisory committee is established to provide advice in relation to the management of rivers and fresh water within the regions of the following councils (the relevant councils):

    • (a) Marlborough District Council; and

    • (b) Nelson City Council; and

    • (c) Tasman District Council.

139 Appointment of members to advisory committee
  • (1) The advisory committee consists of no more than 8 members.

    (2) One member may be appointed by the trustees of each of the 3 settlement trusts, the 4 related settlement trusts, and the Toa Rangatira Trust.

    (3) The trustees of a trust may appoint a member only by giving a written notice with the following details to the trustees of the 7 other trusts:

    • (a) the member's full name, address, and other contact details; and

    • (b) the date on which the appointment takes effect, which must be no earlier than the date of the notice.

140 Advisory committee may provide advice
  • (1) The advisory committee may provide written advice, in reply to an invitation under section 141, in relation to the management of rivers and fresh water within the region of a relevant council before the council—

    • (a) makes any decisions on the review of a policy statement or plan under section 79 of the Resource Management Act 1991; or

    • (b) starts to prepare or change a policy statement or plan under Part 1 of Schedule 1 of that Act; or

    • (c) notifies a proposed policy statement or plan under clause 5 of Schedule 1 of that Act.

    (2) If the committee and a relevant council agree in writing, the committee may provide written advice to the council on any other matter in relation to the Resource Management Act 1991.

    (3) The committee or the council may terminate any agreement to provide advice under subsection (2) by giving written notice to the other party.

141 Council must invite and have regard to advice
  • (1) A relevant council must comply with this section before performing any action referred to in section 140(1)(a) to (c).

    (2) The council must provide a written invitation to the advisory committee to provide written advice in relation to the action.

    (3) The council must have regard to advice received from the committee under section 140(1) in reply to an invitation if the advice is received—

    • (a) before the day that is 2 months after the day on which the committee received the invitation; or

    • (b) before any other day agreed to by the council and the committee.

    (4) The council must have regard to any advice received from the committee under section 140(2) if it is reasonably practicable to do so.

142 Procedure and meetings of advisory committee
  • (1) The advisory committee must—

    • (a) regulate its own procedure; and

    • (b) make decisions only with the agreement of all of the members who are present and who vote at a meeting; and

    • (c) conduct proceedings with a quorum of a majority of the members who have been appointed to the committee; and

    • (d) provide the relevant councils with an address to which the councils must send notices to the committee.

    (2) The committee may request that a relevant council have 1 or more representatives attend a meeting of the committee.

    (3) In making the request, the committee must—

    • (a) give the council 10 working days' notice of the meeting in writing; and

    • (b) provide the council with an agenda for the meeting.

    (4) The council must have 1 or more representatives attend the meeting if it is reasonably practicable to do so, but the council may decide on the number of representatives at its discretion.

    (5) Each relevant council need not have representatives attend more than 4 meetings each year.

143 Advisory committee may request information
  • (1) The advisory committee may make a written request for information from a relevant council in relation to an action or a proposed action of a council referred to in section 140(1)(a) to (c).

    (2) The council must provide the requested information to the committee if it is reasonably practicable to do so.

144 Other obligations under Resource Management Act 1991
  • This subpart does not limit the obligations of a relevant council under the Resource Management Act 1991.

Subpart 14Wairau Boulder Bank conservation management plan

145 Preparation of conservation management plan
  • (1) The Director-General must prepare a conservation management plan that applies to—

    • (a) the boulder bank site; and

    • (b) Te Pokohiwi.

    (2) The plan is a conservation management plan for the purposes of section 40B of the Reserves Act 1977.

    (3) The Director-General must start to prepare a draft of the plan under section 17G of the Conservation Act 1987 no later than 18 months after the settlement date.

    (4) In preparing any draft of the plan, the Director-General must consult the trustees of the Rangitāne o Wairau Settlement Trust and the trustees of the Ngāti Rārua Settlement Trust under section 17F(a) of the Conservation Act 1987.

    (5) Any decision on what to do with the plan under section 17G(2) of the Conservation Act 1987 must be made jointly by the Nelson/Marlborough Conservation Board and the trustees of the Rangitāne o Wairau Settlement Trust.

    (6) The plan must, among other things,—

    • (a) include a separate chapter for Te Pokohiwi; and

    • (b) address issues with vehicle access for the land contained in computer freehold register 546587.

    (7) In this section, boulder bank site has the meaning given by section 90(10).

Part 3
Commercial redress

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

146 The Crown may transfer properties
  • (1) To give effect to part 6 of a deed of settlement, and any of parts 3 to 6 of the property redress schedule of a deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to—

    • (a) transfer the fee simple estate in a commercial property, deferred selection property, or any Woodbourne land to the trustees of a settlement trust; and

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

    (2) However, if any Woodbourne land is to transfer to the trustees of 2 or more settlement trusts, then, to give effect to part 6 of a deed of settlement, and any of parts 4 to 6 of the property redress schedule of a deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to—

    • (a) transfer an undivided share of the fee simple estate in the land to the trustees of each trust as tenants in common; and

    • (b) sign 1 or more transfer instruments or other documents, or do anything else, to effect the transfer.

147 Registrar-General to create computer freehold register
  • (1) To the extent that a commercial property, a deferred selection property, or any Woodbourne land is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property, 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 interests that are registered, notified, or notifiable and that are described in the application; and

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

    (2) However, for any Woodbourne land that is to transfer to the trustees of 2 or more settlement trusts, the Registrar-General must, in accordance with written applications by an authorised person,—

    • (a) create, in the name of the Crown, a computer freehold register for each undivided share of the fee simple estate in the land; and

    • (b) record on the relevant registers any interests that are registered, notified, or notifiable and that are described in the applications; and

    • (c) omit any statement of purpose from the registers.

    (3) Subsections (1) and (2) are subject to the completion of any survey necessary to create a computer freehold register.

    (4) The authorised person may grant a covenant for the later creation of a computer freehold register for any land that is to be transferred to the trustees of a settlement trust.

    (5) Despite the Land Transfer Act 1952,—

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

    • (b) the Registrar-General must comply with the request.

    (6) In this section, authorised person means a person authorised by the chief executive of the land holding agency for the relevant property.

148 Application of other enactments
  • (1) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

    • (a) the transfer of the fee simple estate in a commercial property, a deferred selection property, or any Woodbourne land to the trustees of a settlement trust; or

    • (b) a leaseback of the property to the Crown or another lease for a public work, in accordance with part 6 of a deed of settlement; or

    • (c) any matter incidental to, or required for the purpose of, the transfer or lease.

    (2) The transfer of the fee simple estate in a commercial property, a deferred selection property, or any Woodbourne land to the trustees of a settlement trust does not—

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

    • (b) affect other rights to subsurface minerals.

    (3) The transfer of the fee simple estate in a commercial property, a deferred selection property, or any Woodbourne land to the trustees of a settlement trust 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.

    (4) In exercising the powers conferred by section 146, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a commercial property, a deferred selection property, or any Woodbourne land.

    (5) Subsection (4) is subject to subsections (2) and (3).

    (6) 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 part 6 of a deed of settlement, and any of parts 3 to 6 of the property redress schedule of a deed of settlement, in relation to a commercial property, a deferred selection property, or any Woodbourne land.

149 Transfer of certain deferred selection properties
  • (1) This section applies to—

    • (a) each of the following properties described in part 3.6 of the property redress schedule of the deed of settlement for Ngāti Apa ki te Rā Tō if the property transfers to the trustees of the Ngāti Apa ki te Rā Tō Trust in accordance with part 3 of that schedule:

      • (i) Melville Cove / Port Gore:

      • (ii) Tunnel Bay / Port Gore:

    • (b) each of the following properties described in part 3.6 of the property redress schedule of the deed of settlement for Ngāti Kuia if the property transfers to the trustees of the Te Runanga o Ngāti Kuia Trust in accordance with part 3 of that schedule:

      • (i) Anakoha / Outer Sounds:

      • (ii) Manaroa:

    • (c) each of the following properties described in part 3.6 of the property redress schedule of the deed of settlement for Rangitāne o Wairau if the property transfers to the trustees of the Rangitāne o Wairau Settlement Trust in accordance with part 3 of that schedule:

      • (i) Inner Endeavour Inlet (Section 28):

      • (ii) Inner Endeavour Inlet (Section 29).

    (2) Immediately before the transfer,—

    • (a) any part of the property that is a conservation area under the Conservation Act 1987 ceases to be a conservation area; and

    • (b) the reservation of any part of the property as any class of reserve subject to the Reserves Act 1977 is revoked.

    (3) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation of reserve status under subsection (2)(b).

150 Transfer of Nelson High/District Courthouse
  • (1) This section applies if the property described as Nelson High/District Courthouse (the courthouse site) in part 3.6 of the property redress schedule of the deed of settlement for Ngāti Apa ki te Rā Tō transfers to the trustees of the Ngāti Apa ki te Rā Tō Trust in accordance with part 3 of that schedule.

    (2) Immediately before the transfer, the reservation of the courthouse site as any class of reserve subject to the Reserves Act 1977 is revoked.

    (3) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation of reserve status under subsection (2).

    (4) Immediately after the transfer, the courthouse site is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

    (5) The reserve is named Nelson Courthouse Historic Reserve.

    (6) The trustees of the Ngāti Apa ki te Rā Tō Trust are the administering body of the reserve.

    (7) Any lease granted to the Crown over the courthouse site in accordance with the deed of settlement for Ngāti Apa ki te Rā Tō—

    • (a) is enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977; and

    • (b) is to be treated as having been granted in accordance with that Act.

    (8) From the time of the transfer,—

    • (a) sections 48A, 114, and 115 of the Reserves Act 1977 apply to the courthouse site, despite sections 48A(6), 114(5), and 115(6) of that Act; and

    • (b) sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to the courthouse site; and

    • (c) if the reservation under subsection (4) is revoked under section 24 of the Reserves Act 1977 in relation to all or part of the courthouse site, section 25 (except subsection (2)) of that Act does not apply to the revocation; and

    • (d) section 107 applies to the courthouse site as if it were a reserve site that vested in trustees under subpart 4 of Part 2.

    (9) The Registrar-General must, upon the registration of the transfer of the courthouse site, record on any computer freehold register for the site that the land is subject to section 150(8)(d).

    (10) If the reservation under subsection (4) is revoked in relation to—

    • (a) all of the courthouse site, then the Director-General must apply in writing to the Registrar-General to remove from any computer freehold register for the site the notification that the site is subject to section 150(8)(d); or

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

    (11) The Registrar-General must comply with an application received in accordance with subsection (10)(a).

151 Transfer of properties subject to lease
  • (1) This section applies to a commercial property or deferred selection property—

    • (a) for which the land holding agency is the Ministry of Education; and

    • (b) the ownership of which is to transfer to the trustees of a settlement trust in accordance with part 3 of the property redress schedule of a deed of settlement; and

    • (c) that, after the transfer, is to be subject to a lease back to the Crown.

    (2) This section also applies to any Woodbourne land—

    • (a) the ownership of which is to transfer to the trustees of a settlement trust in accordance with part 6 of a deed of settlement, and any of parts 4 to 6 of the property redress schedule of a deed of settlement; and

    • (b) that, after the transfer, is to be subject to a lease for a public work.

    (3) Despite section 148(3) (which refers to section 24(2A) of the Conservation Act 1987), the rest of section 24 of that Act does not apply to the transfer of the property.

    (4) The transfer instrument for the transfer of the property must include a notification that the land is to become subject to section 151(7) and (8) upon the registration of the transfer.

    (5) The Registrar-General must, upon the registration of the transfer of the property, record on any computer freehold register for the property—

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

    • (b) that the land is subject to section 151(7) and (8).

    (6) A notification made under subsection (5) 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.

    (7) If the lease referred to in subsection (1)(c) or (2)(b) (or a renewal of that lease) terminates, or expires without being renewed, in relation to all or part of the property, the transfer of the property is no longer exempt from the rest of section 24 of the Conservation Act 1987 in relation to all or that part of the property, as the case may be.

    (8) If the lease referred to in subsection (1)(c) or (2)(b) (or a renewal of that lease) terminates, or expires without being renewed, in relation to all or part of the property, then the registered proprietors of the property must apply in writing to the Registrar-General to,—

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

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

      • (ii) the land is subject to section 151(7) and (8); or

    • (b) if only part of the property remains subject to such a lease (the leased part), amend any notifications on the computer freehold register for the property 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 section 151(7) and (8).

    (9) The Registrar-General must comply with an application received in accordance with subsection (8) free of charge to the applicant.

Subpart 2Unlicensed land

152 Transfer of unlicensed land as deferred selection RFR land
  • (1) This section applies if the unlicensed land is to transfer to the trustees of the Ngāti Apa ki te Rā Tō Trust under a contract formed under section 168.

    (2) Sections 146(1) and 148(2) to (5) apply to the unlicensed land as if—

    • (a) the land were a deferred selection property; and

    • (b) section 146(1) were able to be applied to give effect to the contract; and

    • (c) the land holding agency were the Ministry for Primary Industries.

153 Application of rest of subpart
  • The rest of this subpart applies if the unlicensed land transfers to the trustees of the Ngāti Apa ki te Rā Tō Trust—

    • (a) in accordance with part 3 of the property redress schedule of the deed of settlement for Ngāti Apa ki te Rā Tō; or

    • (b) under a contract formed under section 168.

154 Effect of transfer of unlicensed land
  • Immediately before the transfer referred to in section 153, the unlicensed land ceases to be Crown forest land, and any Crown forestry assets associated with that land cease to be Crown forestry assets, under the Crown Forest Assets Act 1989.

155 Management of marginal strips
  • (1) After the transfer referred to in section 153, any lessee of the unlicensed land under registered lease 134699A is to be treated as if it had been appointed, under section 24H(1) of the Conservation Act 1987, to be the manager of any marginal strip within the unlicensed land.

    (2) The lessee may do 1 or more of the following things in relation to the marginal strip:

    • (a) exercise the powers of a manager under section 24H of the Conservation Act 1987:

    • (b) establish, develop, grow, manage, replant, and maintain a forest on the marginal strip as if the marginal strip were subject to the lease of the unlicensed land:

    • (c) exercise the lessee's rights under the lease of the unlicensed land as if the marginal strip were subject to the lease.

Subpart 3Right of access to protected sites

156 Application of subpart
  • This subpart applies only if the unlicensed land transfers to the trustees of the Ngāti Apa ki te Rā Tō Trust—

    • (a) in accordance with part 3 of the property redress schedule of the deed of settlement for Ngāti Apa ki te Rā Tō; or

    • (b) under a contract formed under section 168.

157 Interpretation
  • (1) In this subpart, protected site means any area of land situated in the unlicensed land that is—

    • (a) a wahi tapu or wahi tapu area; and

    • (b) a registered place.

    (2) In subsection (1), registered place, wahi tapu, and wahi tapu area have the meanings given by section 2 of the Historic Places Act 1993.

158 Right of access to protected site
  • (1) The owner of land on which a protected site is situated and any person holding an interest in, or a right of occupancy to, the land must allow the people referred to in subsection (2) to have access across the land to each protected site.

    (2) The people are Māori for whom the protected site is of special cultural, spiritual, or historical significance.

    (3) The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner, and 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 must observe any reasonable conditions imposed by the owner that—

      • (i) relate to the time, location, or manner of access; and

      • (ii) are reasonably required for the safety of people, for the protection of land, improvements, flora, fauna, plant, equipment, or livestock, or for operational reasons.

159 Right of access subject to registered lease
  • (1) The right of access under section 158 is subject to the terms of any registered lease of the unlicensed land—

    • (a) granted before the time of the transfer referred to in section 156; or

    • (b) granted on or after that time under a right of renewal contained in a registered lease granted before that time.

    (2) However, subsection (1) does not apply if the lessee has agreed to an exercise of the right.

    (3) An amendment to a registered lease is of no effect to the extent that it would—

    • (a) delay the date from which a person may exercise a right of access under section 158; or

    • (b) adversely affect the right of access in any other way.

160 Notation on computer freehold register
  • (1) The Registrar-General must, in accordance with a written application by an authorised person, record on the computer freehold register for any unlicensed land that the land is subject to this subpart.

    (2) An application must be made as soon as is reasonably practicable after—

    • (a) the date of the transfer referred to in section 156; or

    • (b) a computer freehold register has been created for the land, if the computer freehold register has not been created by that date.

    (3) In this section, authorised person means a person authorised by the chief executive of the Ministry for Primary Industries.

Subpart 4Right of first refusal in relation to RFR land

Interpretation

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

    deferred selection RFR land means a property—

    • (a) that is listed in part 3.6 or 3.7 of the property redress schedule of the deed of settlement for a settlement iwi, or in part 4 of the property redress schedule of the deed of settlement for a related settlement iwi, other than the property described as Nelson High/District Courthouse in the deed of settlement for Ngāti Apa ki te Rā Tō; and

    • (b) that has not been transferred, and is no longer able to be transferred,—

      • (i) for a settlement iwi, to the trustees of that iwi's settlement trust in accordance with part 3 of the relevant property redress schedule; or

      • (ii) for a related settlement iwi, to the trustees of that iwi's related settlement trust in accordance with parts 5 and 6 of the relevant property redress schedule

    dispose of, for RFR land,—

    • (a) means to—

      • (i) transfer or vest the fee simple estate in the land; or

      • (ii) grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), for 50 years or longer; but

    • (b) to avoid doubt, does not include to—

      • (i) mortgage, or give a security interest in, the land; or

      • (ii) grant an easement over the land; or

      • (iii) consent to an assignment of a lease, or to a sublease, of the land; or

      • (iv) remove an improvement, a fixture, or a fitting from the land

    expiry date, for an offer, means its expiry date under sections 164(2)(a) and 165

    general RFR land means land described in part 3 of the attachments schedule of the deed of settlement for a settlement iwi if, on the settlement date, the land is—

    • (a) vested in the Crown; or

    • (b) held in fee simple by the Crown or Housing New Zealand Corporation

    notice means a notice under this subpart

    offer means an offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust

    offer trust means, for each of the following types of RFR land (or land obtained in exchange for the disposal of that land), the trust specified or each of the trusts specified:

    • (a) for general RFR land, the settlement trust of the iwi whose deed of settlement describes the land:

    • (b) for deferred selection RFR land, the 3 settlement trusts and the 4 related settlement trusts:

    • (c) for specified area RFR land, the 3 settlement trusts, the 4 related settlement trusts, and the Toa Rangatira Trust

    recipient trust means, for each of the following types of RFR land (or land obtained in exchange for the disposal of that land), the trust specified:

    • (a) for general RFR land, the settlement trust of the iwi whose deed of settlement describes the land:

    • (b) for deferred selection RFR land or specified area RFR land, the 1 offer trust whose trustees accept an offer to dispose of the land under section 167

    RFR landowner, for RFR land,—

    • (a) means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and

    • (b) means a Crown body, if the body holds the fee simple estate in the land; and

    • (c) includes a local authority to which RFR land has been disposed of under section 170(1); but

    • (d) to avoid doubt, does not include an administering body in which RFR land is vested under section 171(1)

    RFR period means,—

    • (a) for general RFR land,—

      • (i) the period of 169 years starting on the settlement date; or

      • (ii) the period of 60 years starting on the settlement date, for the land described as the Tītīrangi Bay RFR area, or the land described as the Waitaria Bay RFR area, in part 3 of the attachments schedule of the deed of settlement for Ngāti Kuia:

    • (b) for deferred selection RFR land or specified area RFR land, the period of 100 years starting on the settlement date

    specified area RFR land means land in the South Island within the area shown on deed plan OTS–099–91 (in part 2 of the attachments schedule of the deed of settlement for a settlement iwi) that, on the settlement date,—

    • (a) is vested in the Crown or held in fee simple by the Crown; and

    • (b) is not land that is to, or may, transfer to or vest in trustees in accordance with the deed of settlement for a settlement iwi, a related settlement iwi, or Ngati Toa Rangatira; and

    • (c) is not conservation land; and

    • (d) is not subject to a pastoral lease under Part 1 of the Crown Pastoral Land Act 1998.

162 Meaning of RFR land
  • (1) In Parts 1 to 3, RFR land means—

    • (a) the general RFR land; and

    • (b) the deferred selection RFR land; and

    • (c) the specified area RFR land; and

    • (d) land obtained in exchange for a disposal of RFR land under section 175(1)(c) or 176.

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

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

      • (i) the trustees of a recipient trust or their nominee (for example, under a contract formed under section 168); or

      • (ii) any other person (including the Crown or a Crown body) under section 163(3); or

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

      • (i) any of sections 172 to 179; or

      • (ii) anything referred to in section 180(1); or

    • (c) the land's RFR period ends.

Restrictions on disposal of RFR land

163 Restrictions on disposal of RFR land
  • (1) An RFR landowner must not dispose of RFR land to any person other than the trustees of a recipient trust or their nominee unless the land is disposed of under subsection (2) or (3).

    (2) The RFR land may be disposed of under any of sections 169 to 179 or under anything referred to in section 180(1).

    (3) The RFR land may be disposed of within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust, if the offer to those trustees was—

    • (a) made in accordance with section 164; and

    • (b) made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person referred to in subsection (1); and

    • (c) not withdrawn under section 166; and

    • (d) not accepted under section 167.

Trustees' right of first refusal

164 Requirements for offer
  • (1) An offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust must be by notice to the trustees of the 1 or more offer trusts.

    (2) The notice must include—

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

    • (b) a legal description of the land (including any interests 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 trustees to give notices to the RFR landowner in relation to the offer; and

    • (e) a statement that the RFR land is general RFR land, deferred selection RFR land, or specified area RFR land (whichever applies).

165 Expiry date of offer
  • (1) The expiry date of an offer must be on or after the 40th working day after the day on which the trustees of the 1 or more offer trusts receive notice of the offer.

    (2) However, subsections (3) and (4) override subsection (1).

    (3) The expiry date of an offer may be on or after the 20th working day after the day on which the trustees receive notice of the offer if—

    • (a) the trustees 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.

    (4) For an offer of deferred selection RFR land or specified area RFR land, if the RFR landowner has received notice of acceptance from the trustees of 2 or more offer trusts at the end of the expiry date specified in the notice of offer given under section 164, the expiry date is extended only for the trustees of those 2 or more offer trusts to the 20th working day after the day on which the trustees receive the landowner's notice given under section 167(4).

166 Withdrawal of offer
  • The RFR landowner may, by notice to the trustees of the 1 or more offer trusts, withdraw an offer at any time before it is accepted.

167 Acceptance of offer
  • (1) The trustees of an offer trust 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 trustees must accept all the RFR land offered, unless the offer permits them to accept less.

    (3) For an offer of deferred selection RFR land or specified area RFR land,—

    • (a) the offer is accepted only if the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust at the end of the expiry date; and

    • (b) if the landowner has received notice of acceptance from the trustees of 2 or more offer trusts at the end of the expiry date specified in the notice of offer given under section 164, the landowner has 10 working days to give notice under subsection (4) to the trustees of those 2 or more offer trusts.

    (4) The notice must—

    • (a) specify the offer trusts from whose trustees notices of acceptance have been received; and

    • (b) state that the offer may be accepted by the trustees of only 1 of those offer trusts before the end of the 20th working day after the day on which they receive the landowner's notice under this subsection.

168 Formation of contract
  • (1) If the trustees of an offer trust accept, under section 167, an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the landowner and the trustees 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 landowner and the trustees.

    (3) Under the contract, the trustees may nominate any person other than the trustees who is lawfully able to hold the RFR land (the nominee) to receive the transfer of the land.

    (4) The trustees may nominate a nominee only by giving notice to the landowner on or before the day that is 10 working 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 landowner needs in order to transfer the RFR land to the nominee.

    (6) If the trustees nominate a nominee, the trustees remain liable for the obligations of the transferee under the contract.

Disposals to others where land remains RFR land

169 Disposals to the Crown or Crown bodies
  • (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.

170 Disposals of existing public works to local authorities
  • (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 by section 2 of that Act).

    (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.

171 Disposals of reserves to administering bodies
  • (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 the land; or

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

    (3) However, if RFR land vests back in the Crown under section 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.

Disposals to others where land may cease to be RFR land

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

173 Disposals in accordance with legal or equitable obligation
  • An RFR landowner may dispose of RFR land in accordance with—

    • (a) a legal or an 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, an endowment, or a trust relating to the land.

174 Disposals under certain legislation
  • An RFR landowner 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; or

    • (c) subpart 3 of Part 2 of the Marine and Coastal Area (Takutai Moana) Act 2011.

175 Disposals of land held for public works
  • (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 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.

176 Disposals for reserve or conservation purposes
  • 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.

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

178 Disposals to tenants
  • The Crown may dispose of RFR land—

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

      • (i) granted before the settlement date; or

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

    • (c) under section 93(4) of the Land Act 1948.

179 Disposals by Housing New Zealand Corporation
  • Housing New Zealand Corporation, or any of its subsidiaries, may dispose of RFR land to any person if the Corporation has given notice to the trustees of the 1 or more offer trusts that, in the Corporation's opinion, the disposal is to give effect to, or assist in giving effect to, the Crown's social objectives in relation to housing or services related to housing.

180 RFR landowner's obligations subject to other things
  • (1) An RFR landowner's obligations under this subpart in relation to RFR land are subject to—

    • (a) any other enactment or rule of law but, for a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and

    • (b) any interest, or legal or equitable obligation,—

      • (i) that prevents or limits an RFR landowner's disposal of RFR land to the trustees of an offer trust; and

      • (ii) that the RFR landowner cannot satisfy by taking reasonable steps; and

    • (c) the terms of a mortgage over, or security interest in, RFR land.

    (2) Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment.

Notices

181 Notice to LINZ of certain RFR land with computer register
  • (1) If land for which there is a computer register becomes RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.

    (2) If a computer register is first created for RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the register has been created.

    (3) The notice must be given as soon as is reasonably practicable after—

    • (a) the land for which there is a computer register becomes RFR land; or

    • (b) the computer register is first created for the RFR land.

    (4) The notice must specify the legal description of the land and identify the computer register that contains the land.

182 Notice to trustees of potential disposal of RFR land
  • (1) This section applies if an RFR landowner is considering whether to dispose of deferred selection RFR land or specified area RFR land that, in order to be disposed of, may ultimately require the landowner to offer to dispose of the land to the trustees of an offer trust.

    (2) The landowner must give the trustees of the 1 or more offer trusts notice that, if the landowner decides to dispose of the land, the landowner may be required to offer to dispose of the land to the trustees of an offer trust.

    (3) The notice must—

    • (a) specify the legal description of the land and identify any computer register that contains the land; and

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

    • (c) if the land does not have a street address, include a narrative or diagrammatic description of the land with enough information so that a person who is not familiar with the land can locate and inspect it; and

    • (d) state that the RFR land is deferred selection RFR land or specified area RFR land (whichever applies).

    (4) The giving of the notice does not, of itself, mean that an obligation has arisen under—

    • (a) section 207(4) of the Education Act 1989; or

    • (b) section 23(1) or 24(4) of the New Zealand Railways Corporation Restructuring Act 1990; or

    • (c) section 40 of the Public Works Act 1981 or that section as applied by another enactment.

183 Notice to trustees of disposals of RFR land to others
  • (1) An RFR landowner must give the trustees of the 1 or more offer trusts notice of the disposal of RFR land by the landowner to a person other than the trustees of an offer trust or their nominee.

    (2) The notice must be given on or before the day that is 20 working days before the day of the disposal.

    (3) The notice must—

    • (a) specify the legal description of the land (including any interests affecting it) and identify any computer register that contains the land; and

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

    • (c) identify the person to whom the land is being disposed of; and

    • (d) explain how the disposal complies with section 163; and

    • (e) if the disposal is being made under section 163(3), include a copy of the written contract for the disposal.

184 Notice to LINZ of land ceasing to be RFR land
  • (1) This section applies if land contained in a computer register is to cease being RFR land because—

    • (a) the fee simple estate in the land is to transfer from the RFR landowner to—

      • (i) the trustees of a recipient trust or their nominee (for example, under a contract formed under section 168); or

      • (ii) any other person (including the Crown or a Crown body) under section 163(3); or

    • (b) the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body under—

      • (i) any of sections 172 to 179; or

      • (ii) anything referred to in section 180(1).

    (2) The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.

    (3) The notice must—

    • (a) specify the legal description of the land and identify the computer register that contains the land; and

    • (b) specify the details of the transfer or vesting of the land.

185 Notice requirements
  • Schedule 4 applies to notices given under this subpart by or to—

    • (a) an RFR landowner; or

    • (b) the trustees of an offer trust or a recipient trust.

Memorials for RFR land

186 Recording memorials on computer registers for RFR land
  • (1) The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers that contain,—

    • (a) the RFR land for which there is a computer register on the settlement date; and

    • (b) the land for which there is a computer register that becomes RFR land after the settlement date; and

    • (c) the RFR land for which a computer register is first created after the settlement date.

    (2) The chief executive must issue a certificate as soon as is reasonably practicable after—

    • (a) the settlement date, for RFR land for which there is a computer register on the settlement date; or

    • (b) receiving a notice under section 181 that the land has become RFR land or that a computer register has been created for RFR land, for any other land.

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

    (4) The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate.

    (5) The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register identified in the certificate that the land described in the certificate (and contained in the computer register) is—

    • (a) RFR land as defined by section 162; and

    • (b) subject to this subpart (which restricts disposal, including leasing, of the land).

187 Removal of memorials when land to be transferred or vested
  • (1) The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 184, issue to the Registrar-General a certificate that—

    • (a) specifies the legal description of the land and identifies the computer register that contains the land; and

    • (b) specifies the details of the transfer or vesting of the land; and

    • (c) states that it is issued under this section.

    (2) The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate.

    (3) If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any memorial recorded under section 186 for the land described in the certificate.

188 Removal of memorials when RFR period ends
  • (1) The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends for any RFR land, issue to the Registrar-General a certificate that—

    • (a) identifies each computer register for the RFR land for which the RFR period has ended that still has a memorial recorded on it under section 186; and

    • (b) states that it is issued under this section.

    (2) The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate.

    (3) The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove a memorial recorded under section 186 from any computer register identified in the certificate.

General provisions

189 Waiver and variation
  • (1) The trustees of the 1 or more offer trusts may, by notice to an RFR landowner, waive any of the rights the trustees have in relation to the landowner under this subpart.

    (2) The trustees of the 1 or more offer trusts and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.

    (3) A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.

190 Disposal of Crown bodies not affected
  • This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.

191 Assignment of rights and obligations under this subpart
  • (1) Subsection (3) applies if an RFR holder—

    • (a) assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional documents; and

    • (b) has given the notices required by subsection (2).

    (2) Notices must be given to each RFR landowner—

    • (a) stating that the RFR holder's rights and obligations under this subpart are being assigned under this section; and

    • (b) specifying the date of the assignment; and

    • (c) specifying the names of the assignees and, if they are the trustees of a trust, the name of the trust; and

    • (d) specifying the street address, postal address, or fax number for notices to the assignees.

    (3) This subpart and Schedule 4 apply to the assignees (instead of to the RFR holder) as if the assignees were the trustees of the relevant offer trust, with all necessary modifications.

    (4) In this section, RFR holder means the 1 or more persons who have the rights and obligations of the trustees of an offer trust under this subpart, either because—

    • (a) they are the trustees of the offer trust; or

    • (b) they have previously been assigned those rights and obligations under this section.

Part 4
Preliminary matters and settlement of historical claims

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

192 Purpose
  • The purpose of Parts 4 to 7 is to give effect to certain provisions of the deeds of settlement that settle the historical claims of Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui.

193 Provisions take effect on settlement date
  • (1) The provisions of Parts 4 to 7 take effect on the settlement date unless a provision states otherwise.

    (2) Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required—

    • (a) for the provision to have full effect on that date; or

    • (b) for a power to be exercised, or for a duty to be performed, under the provision on that date.

194 Act binds the Crown
  • Parts 4 to 7 bind the Crown.

195 Outline
  • (1) This section is a guide to the overall scheme and effect of Parts 4 to 7, but does not affect the interpretation or application of the other provisions of Parts 4 to 7 or the deeds of settlement.

    (2) This Part—

    • (a) sets out the purpose of Parts 4 to 7; and

    • (b) provides that the provisions of Parts 4 to 7 take effect on the settlement date unless a provision states otherwise; and

    • (c) specifies that Parts 4 to 7 bind the Crown; and

    • (d) summarises the historical accounts from the deeds of settlement and records the acknowledgements and the apology given by the Crown in the deeds; and

    • (e) defines terms used in Parts 4 to 7, including key terms such as Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, Te Ātiawa o Te Waka-a-Māui, and historical claims; and

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

    • (g) 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) a consequential amendment 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; and

      • (v) access to the deeds of settlement.

    (3) Part 5 provides for cultural redress, including—

    • (a) the issuing of protocols to the trustees of the settlement trusts by the Minister of Conservation, the Minister for Primary Industries, the Minister of Energy and Resources, and the Minister for Arts, Culture and Heritage; and

    • (b) a statutory acknowledgement by the Crown of the statements made by the settlement iwi of their cultural, spiritual, historical, and traditional associations with certain statutory areas; and

    • (c) provision for deeds of recognition issued by the Crown to the trustees of the settlement trusts; and

    • (d) the application of an overlay classification to certain overlay sites by the Crown's acknowledgement of the values of the settlement iwi in relation to the relevant sites; and

    • (e) the vesting of cultural redress properties in the trustees of each settlement trust, in some cases jointly with each other or with the trustees of trusts for iwi under related settlements; and

    • (f) 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 the vesting of the area in the trustees of Te Pātaka a Ngāti Kōata; and

    • (g) the vesting of Kaka Point in the trustees of 3 settlement trusts, and the vesting of the site back to the Crown as a gift from the trustees; and

    • (h) the vesting of Te Tai Tapu in the trustees of 3 settlement trusts (jointly with the trustees of a trust for iwi under a related settlement), and the vesting of the site back to the Crown as a gift from the trustees; and

    • (i) provision for an easement over part of D'Urville Island Scenic Reserve; and

    • (j) the alteration and assignment of names for certain geographic features; and

    • (k) 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; and

    • (l) provision for members of the settlement iwi to remove natural material from certain riverbeds by hand; and

    • (m) the appointment of the trustees of the Te Ātiawa o Te Waka-a-Māui Trust as statutory kaitiaki of 5 islands in Queen Charlotte Sound / Tōtaranui, and provision for the trustees to prepare and lodge a kaitiaki plan with Marlborough District Council; and

    • (n) the Crown's acknowledgement of the historical association of Ngāti Kōata with West of Separation Point / Te Matau; and

    • (o) the establishment of an iwi advisory committee to provide advice on the management of rivers and fresh water within the regions of certain councils, with members appointed by the trustees of the settlement trusts, the related settlement trusts, and the Toa Rangatira Trust.

    (4) Part 6 provides for commercial redress, including—

    • (a) authorisation for the transfer of commercial redress properties (including the licensed properties and unlicensed land) and deferred selection properties to the trustees of each settlement trust to give effect to the deeds of settlement; and

    • (b) provision for a right of access to certain protected sites on the licensed properties or unlicensed land; and

    • (c) a right of first refusal in relation to RFR land that may be exercised by the trustees of the settlement trusts (and, in some cases, the trustees of the related settlement trusts and the Toa Rangatira Trust).

    (5) Part 7 provides for the reorganisation of the governance arrangements of Ngāti Tama ki Te Tau Ihu, including—

    • (a) dissolution of the Ngati Tama Manawhenua Ki Te Tau Ihu Trust, the charitable trust board of Ngāti Tama ki Te Tau Ihu; and

    • (b) vesting of the charitable trust board's assets and liabilities 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 Parts 4 to 7; and

    • (c) transitional matters, such as taxation, relating to the reorganisation.

    (6) There are 5 schedules, as follows:

    • (a) Schedule 5 describes the statutory areas to which the statutory acknowledgement relates and, in some cases, for which deeds of recognition are issued:

    • (b) Schedule 6 describes the overlay sites to which the overlay classification applies:

    • (c) Schedule 7 describes the cultural redress properties:

    • (d) Schedule 8 describes the properties for delayed vesting or vesting and gifting back:

    • (e) Schedule 9 sets out provisions that apply to notices given in relation to RFR land.

196 Historical accounts and the Crown's acknowledgements and apologies
  • (1) Section 197 summarises the historical account from the deed of settlement for Ngāti Kōata, which provides a background to the deed of settlement.

    (2) Sections 198 and 199 record the acknowledgements and the apology given by the Crown to Ngāti Kōata in the deed of settlement for Ngāti Kōata.

    (3) Section 200 summarises the historical account from the deed of settlement for Ngāti Rārua, which provides a background to the deed of settlement.

    (4) Sections 201 and 202 record the acknowledgements and the apology given by the Crown to Ngāti Rārua in the deed of settlement for Ngāti Rārua.

    (5) Section 203 summarises the historical account from the deed of settlement for Ngāti Tama ki Te Tau Ihu, which provides a background to the deed of settlement.

    (6) Sections 204 and 205 record the acknowledgements and the apology given by the Crown to Ngāti Tama ki Te Tau Ihu in the deed of settlement for Ngāti Tama ki Te Tau Ihu.

    (7) Section 206 summarises the historical account from the deed of settlement for Te Ātiawa o Te Waka-a-Māui, which provides a background to the deed of settlement.

    (8) Sections 207 and 208 record the acknowledgements and the apology given by the Crown to Te Ātiawa o Te Waka-a-Māui in the deed of settlement for Te Ātiawa o Te Waka-a-Māui.

Historical account, acknowledgements, and apology for Ngāti Kōata

197 Summary of historical account for Ngāti Kōata
  • The historical account set out in the deed of settlement for Ngāti Kōata is summarised as follows:

    (1) Ngāti Kōata first came to Te Tau Ihu (the northern South Island) in the mid-1820s after receiving a tuku of land from Tūtepourangi, and also as part of an invasion. Ngāti Kōata primarily settled at Rangitoto Island, Croisilles, Whakapuaka, and Whakatū.

    (2) In 1839 the New Zealand Company signed deeds with other iwi that purported to purchase the entire northern South Island. The following year several Ngāti Kōata chiefs signed the Treaty of Waitangi at Rangitoto Island.

    (3) In 1842 the Company presented gifts to local Māori upon establishing its Nelson settlement. In 1844 a Crown-appointed commissioner investigated the Company’s purchases. He heard only one Māori witness in Nelson before suspending the inquiry to enable the Company to negotiate a settlement. Māori signed deeds of release in return for accepting payments described by the commissioner as gifts to assist settlement rather than payments for the land.

    (4) In 1845, on the commissioner’s recommendation, the Crown prepared a Company grant of 151 000 acres in Tasman and Golden Bays, which would have reserved 15 100 acres for Māori. However, the Company objected to several aspects of this grant. In 1848 the Company accepted a new Crown grant for a larger area of land that reserved only 5 053 acres at Nelson and Motueka, and areas in the Wairau and Golden Bay.

    (5) Ngāti Kōata had negligible involvement in the administration of the Nelson and Motueka reserves, known as “Tenths”, which were leased to settlers to generate income that was spent on Māori purposes. From 1887 the Tenths were let under perpetually renewable leases. Rentals were infrequently reviewed and over time inflation reduced rental returns. During the twentieth century the Tenths were reduced by the compulsory acquisition of uneconomic shares and the sale of reserves.

    (6) In 1852 the Crown purchased the mineral-rich Pakawau block and paid only for its agricultural value. In 1853 the Crown signed the Waipounamu deed with other iwi, and purported to have purchased most of the remaining Māori land in Te Tau Ihu. Ngāti Kōata did not sign the deed, but were to receive a share of the purchase money. The Crown used the 1853 deed as the basis for negotiations with resident Ngāti Kōata in 1856, which led to the alienation of most of their remaining interests for £100. Rangitoto Island was excluded from this purchase.

    (7) The reserves created for Ngāti Kōata from the Waipounamu sale were mostly inadequate for customary use or effective development. In 1883 and 1892 the Native Land Court awarded ownership of the reserves and Rangitoto Island to individual Ngāti Kōata. Over time, sales and successions to the titles made the lands increasingly fragmented and uneconomic.

    (8) In 1883 Ngāti Kōata participated in the Native Land Court’s title investigation of Whakapuaka. Ngāti Kōata claimed interests on the basis of the tuku and ongoing occupation. The Court deemed that Ngāti Kōata did not have interests and they were excluded from ownership. Ngāti Kōata were again excluded at a rehearing of the block in 1937.

    (9) By the late nineteenth century, some Ngāti Kōata were virtually landless. In 1894 the Crown allocated some landless Ngāti Kōata individuals land at Te Māpou and Te Raetihi, but did not issue titles to them until 1968.

    (10) Ngāti Kōata struggled to secure safe drinking water and social services on their reserves and Rangitoto Island well into the twentieth century. Many Ngāti Kōata came to Nelson for work and educational and health purposes. A Māori hostel in Nelson used by Ngāti Kōata families was frequently overcrowded resulting in unhygienic conditions.

    (11) By the end of the twentieth century most of Ngāti Kōata’s remaining land, including their reserves and Rangitoto Island, had been sold. Ngāti Kōata had also lost ownership or access to several islands surrounding Rangitoto and in Croisilles Harbour. Virtual landlessness has meant that Ngāti Kōata has lost connection and access to many of their traditional resources and sites, and the demise of a strong cultural base.

198 Text of acknowledgements for Ngāti Kōata
  • The text of the acknowledgements set out in the deed of settlement for Ngāti Kōata is as follows:

    (1) The Crown acknowledges that it has failed to deal with the long-standing grievances of Ngāti Kōata in an appropriate way and that recognition of these grievances is long overdue.

    (2) The Crown acknowledges that it failed to adequately inform itself of and protect the interests, including the ongoing needs, of Ngāti Kōata during the process by which land was granted to the New Zealand Company in 1848, and this failure was a breach of the Treaty of Waitangi and its principles.

    (3) The Crown acknowledges that in the reserves that became known as the Nelson and Motueka “tenths” it failed to ensure that the area ultimately reserved was sufficient for the ongoing use and benefit of Ngāti Kōata. The Crown acknowledges that this failure was in breach of the Treaty of Waitangi and its principles.

    (4) The Crown acknowledges that—

    • (a) Ngāti Kōata had negligible involvement in the administration of the tenths reserves between 1842 and 1977:

    • (b) on occasion, the Crown used tenths funds as a partial replacement to government spending:

    • (c) it was not until 1892, several decades after the establishment of the tenths, that the beneficiaries of the tenths fund were identified.

    (5) The Crown acknowledges that certain actions and omissions with respect to the administration of the Nelson and Motueka tenths reserves, including the imposition of a regime of perpetually renewable leases, and permitting the Māori Trustee to sell “uneconomic interests” and tenths land in the twentieth century, resulted in prejudice to those Ngāti Kōata who held a beneficial interest in the tenths reserves fund and were in breach of the Treaty of Waitangi and its principles.

    (6) The Crown acknowledges that in 1852 it sought to purchase the Pakawau block before Ngāti Kōata and other Māori became aware of the full potential value of its minerals, and the price paid reflected the agricultural value of the land only.

    (7) The Crown acknowledges that when it purchased most of the remaining Māori land in Te Tau Ihu between 1853 and 1856—

    • (a) it did not negotiate with Ngāti Kōata as an iwi prior to signing the 1853 Te Waipounamu deed, and used the 1853 deed as the basis for its negotiations with resident Ngāti Kōata in 1856, whereby Ngāti Kōata alienated most of their remaining interests for a small price; and

    • (b) it did not set aside adequate reserves for the present and future needs of Ngāti Kōata in Te Tau Ihu.

    The Crown acknowledges that it failed to adequately protect the interests of Ngāti Kōata when purchasing their land and this was a breach of the Treaty of Waitangi and its principles.

    (8) The Crown acknowledges that the operation and impact of the native land laws on the remaining lands of Ngāti Kōata, in particular the awarding of land to individual Ngāti Kōata rather than to iwi or hapū, made those lands more susceptible to partition, fragmentation, and alienation. This further contributed to the erosion of the traditional tribal structures of Ngāti Kōata. The Crown failed to take adequate steps to protect those structures and this was a breach of the Treaty of Waitangi and its principles.

    (9) The Crown acknowledges that the alienation of the Whakapuaka block has remained a significant grievance for Ngāti Kōata down to the present day. The Crown also acknowledges that it did not take steps to effect a reinvestigation of the Whakapuaka case until 1936.

    (10) The Crown acknowledges that it failed to issue title to the Ngāti Kōata owners of the Te Māpou and Te Raetihi landless natives reserves until 1968. The Crown’s failure to implement the scheme effectively meant that it did nothing to alleviate the landless position of those Ngāti Kōata in Te Tau Ihu and this was a breach of the Treaty of Waitangi and its principles.

    (11) The Crown acknowledges that since 1856 much of Ngāti Kōata’s reserve land, Rangitoto Island, and its surrounding islands, including Puangiangi and Whakaterepapanui, have been alienated from Ngāti Kōata ownership. This included the Crown’s acquisition of Takapourewa Island for public works purposes and purchase of part of Whangarae reserve for scenery preservation purposes.

    (12) The Crown acknowledges that several islands at the entrance to Croisilles Harbour continued to be used by Ngāti Kōata as mahinga kai following their sale to the Crown in 1856. The Crown also acknowledges that when it declared the islands as scenic reserves in 1980 this detrimentally impacted on Ngāti Kōata’s customary use of the islands.

    (13) The Crown acknowledges that it made several attempts to acquire ownership of Kurupongi Island from Ngāti Kōata. The Crown also acknowledges that by gazetting Kurupongi as a wildlife sanctuary in 1957 the Crown took effective control of the island, although Ngāti Kōata retained ownership and mutton-birding rights.

    (14) The Crown acknowledges that the cumulative effect of the Crown’s actions and omissions left Ngāti Kōata virtually landless. The Crown’s failure to ensure that Ngāti Kōata retained sufficient land was a breach of the Treaty of Waitangi and its principles.

    (15) The Crown acknowledges that the discouragement of the use of Te Reo Māori in Native Schools established in areas where Ngāti Kōata lived detrimentally impacted on the retention of Ngāti Kōata culture.

    (16) The Crown acknowledges that the isolation and poor quality of their reserve land at Croisilles and Rangitoto, and the lack or slow delivery of social services in these areas, resulted in poor economic and health conditions for Ngāti Kōata communities. The Crown also acknowledges that these circumstances forced many Ngāti Kōata to leave their land and seek economic, social, and educational opportunities elsewhere, including outside of Te Tau Ihu.

    (17) The Crown acknowledges that through the alienation of most of their land Ngāti Kōata have lost control over many of their significant sites and resources. This has had an ongoing impact on the ability of Ngāti Kōata to maintain spiritual connections to their ancestral lands.

199 Text of apology for Ngāti Kōata
  • The text of the apology set out in the deed of settlement for Ngāti Kōata is as follows:

    (1) The Crown makes the following apology to Ngāti Kōata, to their ancestors, and to their descendants.

    (2) When Ngāti Kōata rangatira signed the Treaty of Waitangi at Rangitoto Island in May 1840, they entered into a relationship with the Crown based on hope and mutual respect. However, the Crown accepts and is deeply sorry that it has not always fulfilled its obligations under the Treaty of Waitangi and, for this, unreservedly apologises to Ngāti Kōata.

    (3) The Crown regrets and apologises for its failure to properly respect the rangatiratanga of Ngāti Kōata. Crown actions, moreover, left Ngāti Kōata virtually landless in Te Tau Ihu and alienated them from many of their most sacred sites. For this too the Crown apologises. Their disconnection from their lands marginalised Ngāti Kōata in the economic development of Te Tau Ihu, and had devastating consequences for the social, cultural, and spiritual well-being of Ngāti Kōata. Those consequences continue to be felt today.

    (4) With this apology and settlement the Crown seeks to atone for its wrongs. The Crown hopes that through this apology and settlement it can build a new, positive, and enduring relationship with Ngāti Kōata based on mutual trust and co-operation and respect for the Treaty of Waitangi and its principles.

Historical account, acknowledgements, and apology for Ngāti Rārua

200 Summary of historical account for Ngāti Rārua
  • The historical account set out in the deed of settlement for Ngāti Rārua is summarised as follows:

    (1) Ngāti Rārua came to the northern South Island in the late 1820s. Ngāti Rārua established pā and kainga at Te Tai Tapu, Golden Bay, Tasman Bay, and Wairau.

    (2) In 1839 the New Zealand Company signed deeds with Māori that purported to purchase the entire northern South Island. No Ngāti Rārua resident in the west of the northern South Island signed the Company deeds. In 1842 the Company presented gifts to local Māori, including Ngāti Rārua, upon establishing its Nelson settlement. Ngāti Rārua expressed an interest in European settlement, but denied that the 1839 transactions had effected a sale of their land.

    (3) In 1844 a Crown-appointed commissioner investigated the Company’s purchases. He heard from only one Māori witness in Nelson, who was Ngāti Rārua, before suspending the inquiry to enable the company to negotiate a settlement. Local Māori signed deeds of release in return for accepting payments described by the commissioner as gifts to assist settlement rather than payments for the land. A share of the money was set aside for Golden Bay Ngāti Rārua not present at the commissioner’s hearing or arbitration.

    (4) In 1845, on the commissioner’s recommendation, the Crown prepared a grant to the New Zealand Company of 151 000 acres of land in Tasman and Golden Bays, which would have reserved 15 100 acres for Māori. However, the Company objected to several aspects of this grant. In 1848 the Company accepted a new Crown grant for a larger area of land that reserved only 5 053 acres at Nelson and Motueka, and areas in Wairau and Golden Bay.

    (5) Ngāti Rārua had negligible involvement in the administration of the Nelson and Motueka reserves, known as “Tenths”. Most were leased to settlers to generate income that was spent on Māori purposes. In the 1850s and 1860s the Crown allocated a number of Motueka Tenths sections to Ngāti Rārua for their occupation. However, ownership of these lands was not granted separately to Ngāti Rārua. From 1887 the Tenths were leased under perpetually renewable leases. Rentals were infrequently reviewed and over time inflation reduced rental returns. During the twentieth century the Tenths were reduced by the compulsory acquisition of uneconomic shares and the sale of reserves.

    (6) In 1847 the Crown purchased the Wairau district from three North Island chiefs. No other right holders, including Ngāti Rārua, were consulted or involved in the transaction. In 1852, the Crown purchased the mineral-rich Pakawau block, paying only for its agricultural value. The 1853 Te Waipounamu deed purported to purchase all remaining land in the region. Ngāti Rārua in the west of the northern South Island did not sign the deed, but were to receive a share of the purchase money. Ngāti Rārua protested the Crown’s actions, but it was not until 1855 that the Crown met with resident Māori to finalise the purchase. During these negotiations the Crown applied pressure on Ngāti Rārua, including presenting their land as already sold. Ngāti Rārua and another iwi were paid £600 for their remaining interests in Te Waipounamu. The reserves created by the Crown for Ngāti Rārua from the Waipounamu purchase, particularly at Wairau and Pukatea, were generally inadequate for customary use or agricultural farming.

    (7) Ngāti Rārua had excluded the 88 350 acre Te Tai Tapu block from the Waipounamu sale. In 1873 the Crown took effective control of Te Tai Tapu to regulate gold mining on the land. However, Ngāti Rārua obtained little financial benefit from the arrangement. In 1883 Ngāti Rārua sold the block.

    (8) By the late nineteenth century, Ngāti Rārua were virtually landless. At this time the Crown allocated landless Ngāti Rārua individuals land on Stewart Island, but never granted them title to the land.

    (9) In the decades following the major land purchases of the mid-nineteenth century, the socio-economic position of Ngāti Rārua and the Māori population of the northern South Island became characterised by marginal economic status, poor health, and low educational attainment.

201 Text of acknowledgements for Ngāti Rārua
  • The text of the acknowledgements set out in the deed of settlement for Ngāti Rārua is as follows:

    (1) The Crown acknowledges that it has failed to deal with the long-standing grievances of Ngāti Rārua in an appropriate way and that recognition of these grievances is long overdue.

    (2) The Crown acknowledges that it failed to adequately inform itself of and protect the interests, including the ongoing needs, of Ngāti Rārua during the process by which land was granted to the New Zealand Company in 1848, and this failure was a breach of the Treaty of Waitangi and its principles.

    (3) The Crown acknowledges that when it purchased most of the remaining Māori land in Te Tau Ihu between 1847 and 1856—

    • (a) it did not deal with Ngāti Rārua in its negotiation of the 1847 Wairau purchase:

    • (b) it did not negotiate with Ngāti Rārua in Te Tau Ihu prior to signing the 1853 Te Waipounamu deed and applied heavy pressure in its negotiations with resident Ngāti Rārua in 1855, including presenting the land as already sold:

    • (c) it did not set aside adequate reserves for the present and future needs of Ngāti Rārua in Te Tau Ihu.

    The Crown acknowledges that it failed to adequately protect the interests of Ngāti Rārua when purchasing their land and this was a breach of the Treaty of Waitangi and its principles.

    (4) The Crown acknowledges that it sought to purchase the Pakawau block before Ngāti Rārua and other Māori became aware of the full potential value of its minerals, and the price paid reflected the agricultural value of the land only.

    (5) The Crown acknowledges that the absence of defined interior boundaries in the 1855 Te Waipounamu deed with Ngāti Rārua contributed to later uncertainty among Ngāti Rārua over what they had alienated and numerous applications to the Native Land Court in 1883 for land they considered they had not sold.

    (6) The Crown acknowledges that in the reserves that became known as the Nelson and Motueka “tenths” it failed to adequately provide for Ngāti Rārua to control those lands they occupied and used, and failed to ensure that the area ultimately reserved was sufficient for the ongoing use and benefit of Ngāti Rārua. The Crown acknowledges that these failures were in breach of the Treaty of Waitangi and its principles.

    (7) The Crown acknowledges that the grant of tenths land at Whakarewa in 1853 meant that some Ngāti Rārua whanau had to move from land they were occupying at the time. The Crown further acknowledges that despite protests from Māori beginning in 1881 the Whakarewa lands were not returned until 1993.

    (8) The Crown acknowledges that—

    • (a) Ngāti Rārua had negligible involvement in the administration of the tenths reserves between 1842 and 1977:

    • (b) on occasion, the Crown used tenths funds as a partial replacement to government spending:

    • (c) it was not until 1892, several decades after the establishment of the tenths, that the beneficiaries of the tenths fund were identified.

    (9) The Crown acknowledges that certain actions and omissions with respect to the administration of the Nelson and Motueka tenths reserves, including the imposition of a regime of perpetually renewable leases, and permitting the Māori Trustee to sell “uneconomic interests” and tenths land in the twentieth century, resulted in prejudice to those Ngāti Rārua who held a beneficial interest in the tenths reserves fund and were in breach of the Treaty of Waitangi and its principles.

    (10) The Crown acknowledges that the operation and impact of the native land laws on the remaining lands of Ngāti Rārua, in particular the awarding of land to individual Ngāti Rārua rather than to iwi or hapū, made those lands more susceptible to partition, fragmentation, and alienation. This further contributed to the erosion of the traditional tribal structures of Ngāti Rārua. The Crown failed to take adequate steps to protect those structures and this was a breach of the Treaty of Waitangi and its principles.

    (11) The Crown acknowledges that the Wairau reserve had only a small area of cultivatable land and its flood-prone nature limited the effectiveness of the development scheme that operated on the reserve during the mid-twentieth century.

    (12) The Crown acknowledges that owing to its isolation and poor quality the Pukatea reserve provided little return to the Ngāti Rārua owners. The Crown further acknowledges that Ngāti Rārua felt that considerable public pressure contributed to their decision to sell their land at Pukatea to the Crown in the 1950s.

    (13) The Crown acknowledges that—

    • (a) the Ngāti Rārua rangatira Riwai Turangapeke excluded the Te Tai Tapu block from the Crown’s Te Waipounamu purchase:

    • (b) between 1862 and 1873 the Crown did not properly manage the issuing of licences and collection of fees from gold miners on Te Tai Tapu:

    • (c) in 1873 Ngāti Rārua gave up effective control of Te Tai Tapu to the Crown in order to properly regulate gold mining on the block:

    • (d) between 1862 and 1883 Ngāti Rārua obtained little financial benefit from its agreements with the Crown to allow gold mining on Te Tai Tapu.

    (14) The Crown acknowledges that the cumulative effect of the Crown’s actions and omissions left Ngāti Rārua virtually landless. The Crown’s failure to ensure that Ngāti Rārua retained sufficient land was a breach of the Treaty of Waitangi and its principles.

    (15) The Crown acknowledges that members of Ngāti Rārua were never issued title to land allocated to them on Stewart Island under the landless natives scheme. The Crown’s failure to implement the scheme effectively meant that it did nothing to alleviate the landless position of those Ngāti Rārua in Te Tau Ihu and this was a breach of the Treaty of Waitangi and its principles.

202 Text of apology for Ngāti Rārua
  • The text of the apology set out in the deed of settlement for Ngāti Rārua is as follows:

    (1) The Crown sincerely offers the following apology to Ngāti Rārua, to their tūpuna, and to their descendants.

    (2) The Crown recognises the efforts and struggles of Ngāti Rārua and their tūpuna over several generations in pursuit of justice.

    (3) The Crown is deeply sorry that it has not fulfilled its obligations to Ngāti Rārua under Te Tiriti o Waitangi/the Treaty of Waitangi and, for this, unreservedly apologises to Ngāti Rārua.

    (4) The Crown admits it did not include Ngāti Rārua in its purchase of the Wairau district in 1847, and only belatedly recognised Ngāti Rārua interests in its Te Waipounamu purchase. The Crown apologises for these failures to recognise the rangatiratanga of Ngāti Rārua and protect their interests.

    (5) The Crown is sorry that its actions rendered Ngāti Rārua virtually landless in their rohe. This had a devastating impact on the social and cultural well-being of the people of Ngāti Rārua that continues to be seen today. The Crown also accepts that the loss of their land and their restriction to inadequate reserves has significantly marginalised Ngāti Rārua from the benefits of economic development, and limited the autonomy and ability of the iwi to exercise customary rights and responsibilities throughout the Ngāti Rārua rohe.

    (6) The Crown with this settlement acknowledges the rangatiratanga of Ngāti Rārua and seeks to restore the Crown’s honour. The Crown hopes this apology and settlement will mark the beginning of a renewed and enduring relationship with Ngāti Rārua based on mutual trust, co-operation, and respect for Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

Historical account, acknowledgements, and apology for Ngāti Tama ki Te Tau Ihu

203 Summary of historical account for Ngāti Tama ki Te Tau Ihu
  • The historical account set out in the deed of settlement for Ngāti Tama ki Te Tau Ihu (Ngāti Tama) is summarised as follows:

    (1) Ngāti Tama came to Te Tau Ihu o te Waka a Maui (the northern South Island) in the late 1820s and established pā and kainga at several localities in Te Tau Ihu including Te Tai Tapu, Golden Bay, and Wakapuaka.

    (2) In 1839 the New Zealand Company signed deeds with Māori that purported to purchase the entire northern South Island. No Ngāti Tama signed the Company’s deeds. In 1842 the New Zealand Company established its Nelson settlement and distributed gifts to local Māori, including Ngāti Tama, as “a present upon settling on the land”. Some Ngāti Tama from Wakapuaka who received gifts also objected to their land being sold by the 1839 deeds.

    (3) In 1844 a Crown-appointed Commissioner investigated the Company’s purchases. He heard from only one Māori witness in Nelson before suspending the inquiry to enable the Company to negotiate a settlement. Māori, including Ngāti Tama, signed deeds of release in return for payments which the Commissioner described as gifts to assist settlement rather than payments for the land. Golden Bay Ngāti Tama were not present at the Commissioner’s hearing or arbitration. Nonetheless a share of the money was set aside for them.

    (4) In 1845, on the Commissioner’s recommendation, the Crown prepared a grant to the New Zealand Company of 151 000 acres of land in Tasman and Golden Bays which would have reserved 15 100 acres for Māori. However, the Company objected to several aspects of this grant. In 1848 the Company accepted a new Crown grant for a larger area of land in Te Tau Ihu that reserved only 5 053 acres of land at Nelson and Motueka, as well as areas in Golden Bay and Wairau.

    (5) Ngāti Tama had negligible involvement in the administration of the Nelson and Motueka reserves, known as the “Tenths”. Most were leased to settlers to generate income that was spent on Māori purposes. In 1862 the Crown allocated parts of at least four Motueka Tenths sections for Ngāti Tama occupation. However, ownership of these lands was not separately granted to Ngāti Tama. From 1887 the Tenths were leased under perpetually renewable leases. Rentals were infrequently reviewed and over time inflation reduced the value of rental returns. During the twentieth century the Tenths reserves were reduced by the compulsory acquisition of uneconomic shares and the sale of reserves.

    (6) In 1853 the Crown granted land at Motueka to the Church of England to establish a school. The grant comprised 160 acres of Crown land and 918 acres of Tenths reserves. Ngāti Tama whanau had to move from the reserves when the school was established. The school was closed in 1881 but the land was not restored to Māori until 1993. Ngāti Tama were not included in the trust established to administer the land.

    (7) In 1852 the Crown purchased the mineral-rich Pakawau block paying only for its agricultural value. In 1853 the Crown purported to purchase all remaining Māori land in Te Tau Ihu through the Waipounamu deed. Ngāti Tama as an iwi was not involved in the negotiation and protested the Crown’s actions. The Crown did not meet with resident Māori to finalise the purchase until 1855 when Crown agents applied pressure on Ngāti Tama by presenting their land as already sold. Ngāti Tama and another iwi received £600 for their remaining interests in Te Waipounamu, although Ngāti Tama excluded Wakapuaka from the sale. Many of the reserves created for Ngāti Tama from the Waipounamu purchase were found over time to be inadequate for development in the new economy. Some reserves were quickly sold. In 1892 the Native Land Court awarded the remaining reserves to individual Ngāti Tama. Over time, ownership of the reserves became increasingly fragmented through successions to the interests of deceased owners.

    (8) In 1883 the Native Land Court awarded Wakapuaka to a sole Ngāti Tama individual. This disinherited other Ngāti Tama who had lived on Wakapuaka since the 1830s. Protests from Ngāti Tama eventually led the Crown to promote legislation authorising a reinvestigation of the remaining portions of Wakapuaka. In 1937 some Ngāti Tama were awarded interests, but not all Ngāti Tama whanau who had previously resided on Wakapuaka were admitted to the title.

    (9) By the end of the twentieth century the virtual landlessness of Ngāti Tama had contributed to some Ngāti Tama leaving Te Tau Ihu and losing their connection with their iwi and turangawaewae.

204 Text of acknowledgements for Ngāti Tama ki Te Tau Ihu
  • The text of the acknowledgements set out in the deed of settlement for Ngāti Tama ki Te Tau Ihu (Ngāti Tama) is as follows:

    (1) The Crown acknowledges that it has failed to address the long-standing grievances of Ngāti Tama in an appropriate way and that recognition of these grievances is long overdue.

    (2) The Crown acknowledges that it failed to adequately inform itself of and protect the interests of Ngāti Tama, including their ongoing needs, during the process by which land was granted to the New Zealand Company in 1848. The Crown acknowledges that this failure was a breach of the Treaty of Waitangi and its principles.

    (3) The Crown acknowledges that, in respect of the reserves that were formally established following the 1848 Crown grant of land to the New Zealand Company and which became known as the Nelson and Motueka “Tenths”,—

    • (a) it failed to adequately provide for Ngāti Tama to control those lands they occupied and used; and

    • (b) it failed to ensure that the area ultimately reserved was sufficient for the ongoing use and benefit of Ngāti Tama.

    The Crown acknowledges that these failures were in breach of the Treaty of Waitangi and its principles and that as a consequence Ngāti Tama was unable to fully benefit from the developing economy of Nelson and the wider Te Tau Ihu region.

    (4) The Crown acknowledges that the grant of Tenths land at Whakarewa in 1853 meant that some Ngāti Tama whanau had to move from land they were occupying at the time. The Crown further acknowledges that despite protests from Māori beginning in 1881 the Whakarewa lands were not returned until 1993.

    (5) The Crown acknowledges that in 1852 it sought to purchase the Pakawau block before Ngāti Tama and other Māori became aware of the full potential value of its minerals and that the price paid reflected the agricultural value of the land only.

    (6) The Crown acknowledges that it did not include Ngāti Tama in its negotiations in 1862 to regulate gold mining on the Te Tai Tapu block.

    (7) The Crown acknowledges that when it purchased most of the remaining Māori land in Te Tau Ihu between 1853 and 1856—

    • (a) it did not negotiate with Ngāti Tama as an iwi prior to signing the 1853 Te Waipounamu deed and applied heavy pressure in its negotiations with resident Ngāti Tama in 1855, including presenting the land as already sold; and

    • (b) it did not set aside adequate reserves for the present and future needs of Ngāti Tama in Te Tau Ihu.

    The Crown acknowledges that these failures meant that it failed to adequately protect the interests of Ngāti Tama when purchasing their land and this was in breach of the Treaty of Waitangi and its principles.

    (8) The Crown acknowledges that the operation and impact of the native land laws on the remaining lands of Ngāti Tama and, in particular, the awarding of land to individuals, rather than to Ngāti Tama as an iwi,—

    • (a) made those lands more susceptible to partition, fragmentation, and alienation; and

    • (b) further contributed to the erosion of the traditional social and cultural structures of Ngāti Tama.

    The Crown acknowledges that it failed to take adequate steps to protect the traditional social and cultural structures of Ngāti Tama and that this was a breach of the Treaty of Waitangi and its principles.

    (9) The Crown acknowledges that it first became aware of protest by Ngāti Tama over the Native Land Court’s Wakapuaka decision in 1896, but that it did not take steps to effect a reinvestigation of the Wakapuaka case until 1936. The Crown also acknowledges that the alienation of the Wakapuaka block has remained a significant grievance for Ngāti Tama down to the present day.

    (10) The Crown acknowledges that—

    • (a) Ngāti Tama had negligible involvement in the administration of the Tenths reserves between 1842 and 1977:

    • (b) on occasion, the Crown used Tenths funds as a partial replacement to government spending:

    • (c) it was not until 1892, several decades after the establishment of the Tenths, that the beneficiaries of the Tenths fund were identified:

    • (d) while the interests of Ngāti Tama in the Tenths reserves were recognised, beneficial interests in the Tenths fund were awarded to individuals, rather than to Ngāti Tama as an iwi.

    (11) The Crown acknowledges that certain actions and omissions with respect to the administration of the Nelson and Motueka Tenths reserves resulted in prejudice to those Ngāti Tama who held a beneficial interest in the Tenths reserves fund, including—

    • (a) the imposition of a regime of perpetually renewable leases; and

    • (b) permitting the Māori Trustee to sell “uneconomic interests” and Tenths land in the twentieth century.

    The Crown acknowledges that these actions and omissions were in breach of the Treaty of Waitangi and its principles.

    (12) The Crown acknowledges that the loss of lands and resources over time has damaged the mana, social structure, and well-being of Ngāti Tama as an iwi. The Crown also acknowledges that this contributed to some Ngāti Tama leaving Te Tau Ihu and losing their connection with Ngāti Tama and their turangawaewae.

    (13) The Crown acknowledges that—

    • (a) the cumulative effect of the Crown’s actions and omissions has left Ngāti Tama virtually landless; and

    • (b) the Crown’s failure to ensure that Ngāti Tama retained sufficient land for its present and future needs was a breach of the Treaty of Waitangi and its principles.

    (14) The Crown further acknowledges that the cumulative effect of these actions and omissions has—

    • (a) hindered Ngāti Tama’s economic, social, and cultural development; and

    • (b) undermined Ngāti Tama’s relationship with the Crown.

205 Text of apology for Ngāti Tama ki Te Tau Ihu
  • The text of the apology set out in the deed of settlement for Ngāti Tama ki Te Tau Ihu (Ngāti Tama) is as follows:

    (1) The Crown makes the following apology to Ngāti Tama and to their ancestors and descendants.

    (2) The Crown profoundly regrets and unreservedly apologises for breaching its obligations to Ngāti Tama under the Treaty of Waitangi.

    (3) The Crown profoundly regrets and apologises for its cumulative acts and omissions which left Ngāti Tama virtually landless in Te Tau Ihu. The Crown deeply regrets and sincerely apologises that it did not adequately protect the interests of Ngāti Tama and appropriately respect Ngāti Tama rangatiratanga when purchasing their land.

    (4) The Crown is deeply remorseful for the significant damage that the alienation of Ngāti Tama from their whenua and customary resources in Golden and Tasman Bays has caused over many generations to the traditional social and cultural structures, mana, and well-being of Ngāti Tama.

    (5) The Crown is sincerely sorry that its actions and omissions have detrimentally affected the ability of Ngāti Tama to exercise customary rights and responsibilities within their rohe and contributed to their economic and social marginalisation in Te Tau Ihu.

    (6) With this apology the Crown seeks to atone for its past wrongs, restore its honour, which has been damaged by its actions, and begin the process of healing. With this settlement the Crown looks forward to beginning a renewed and enduring relationship with Ngāti Tama based on good faith, mutual trust and co-operation, and respect for the Treaty of Waitangi and its principles.

Historical account, acknowledgements, and apology for Te Ātiawa o Te Waka-a-Māui

206 Summary of historical account for Te Ātiawa o Te Waka-a-Māui
  • The historical account set out in the deed of settlement for Te Ātiawa o Te Waka-a-Māui (Te Ātiawa) is summarised as follows:

    (1) Te Ātiawa came to Te Tau Ihu (the northern South Island) in the late 1820s. Te Ātiawa established pā and kainga at Queen Charlotte Sound (Totaranui), Tasman Bay, Golden Bay, and Te Tai Tapu.

    (2) In 1839 the New Zealand Company signed deeds with Māori that purported to purchase the entire northern South Island. In 1840 over twenty Te Ātiawa signed the Treaty of Waitangi at Totaranui.

    (3) In 1842 the Company presented gifts to local Māori, including Te Ātiawa, upon establishing its Nelson settlement. Te Ātiawa also contested the meaning of the Company’s 1839 transactions. In 1844 a Crown-appointed commissioner investigated the Company’s purchases. He heard from one Māori witness in Nelson before suspending the inquiry to enable the Company to negotiate a settlement. Māori signed deeds of release in return for accepting payments described by the commissioner as gifts to assist settlement rather than payments for the land. Some Te Ātiawa from Golden Bay were not present at the commissioner’s hearing.

    (4) In 1845, on the commissioner’s recommendation, the Crown prepared a grant to the New Zealand Company of 151 000 acres in Tasman and Golden Bays, which would have reserved 15 100 acres for Māori. However, the Company objected to several aspects of this grant. In 1848 the Company accepted a new Crown grant for a larger area of land that reserved only 5 053 acres at Nelson and Motueka, and areas in the Wairau and Golden Bay.

    (5) Te Ātiawa had negligible involvement in the administration of the Nelson and Motueka reserves, known as “Tenths”, which were leased to settlers to generate income that was spent on Māori purposes. In the 1850s and 1860s the Crown allocated a number of Motueka Tenths sections to Te Ātiawa for their occupation. However, ownership of these lands was not granted separately to Te Ātiawa. From 1887 the Tenths were leased under perpetually renewable leases. Rentals were infrequently reviewed and over time inflation reduced rental returns. During the twentieth century the Tenths were reduced by the compulsory acquisition of uneconomic shares and the sale of reserves.

    (6) Between 1848 and 1850 the Crown assisted the New Zealand Company to purchase Waitohi (now known as Picton), the principal settlement of Te Ātiawa in Totaranui. As part of the sale Te Ātiawa relocated to a reserve at Waikawa that had less suitable soil for cultivation than Waitohi.

    (7) In 1852, the Crown purchased the mineral-rich Pakawau block. The Crown only paid for the agricultural value of Pakawau. In 1853, the Crown signed the Waipounamu deed with other iwi, and purported to have purchased most of the remaining Māori land in Te Tau Ihu. Te Ātiawa did not sign the deed, but were to receive a share of the purchase money. The Crown used the 1853 deed to pressure resident Te Ātiawa to agree to the sale and the alienation of their land. Resident Te Ātiawa received £613 for the Waipounamu purchase compared with £900 paid to non-resident Te Ātiawa. The reserves created for Te Ātiawa were generally inadequate for customary use or agricultural or pastoral farming. Over time most Te Ātiawa reserves in Totaranui and Golden Bay were alienated, including several hundred acres taken by the Crown for public works and scenery preservation purposes.

    (8) By the late nineteenth century, Te Ātiawa were virtually landless. At this time the Crown allocated landless Te Ātiawa individuals land on Stewart Island and on the West Coast, but never granted them title to the land.

    (9) The loss of land and poor quality reserves have contributed to socio-economic hardship for Te Ātiawa. Crown policies of assimilation and integration as well as urbanisation exacerbated cultural dislocation. Te Ātiawa have lost connection with many significant sites and resources, which has had a detrimental effect on their spiritual, economic, and cultural well-being.

207 Text of acknowledgements for Te Ātiawa o Te Waka-a-Māui
  • The text of the acknowledgements set out in the deed of settlement for Te Ātiawa o Te Waka-a-Māui (Te Ātiawa) is as follows:

    (1) The Crown acknowledges that it has failed to deal with the long-standing grievances of Te Ātiawa in an appropriate way and that recognition of these grievances is long overdue.

    (2) The Crown acknowledges that it failed to adequately inform itself of and protect the interests, including the ongoing needs, of Te Ātiawa during the process by which land was granted to the New Zealand Company in 1848, and this failure was a breach of the Treaty of Waitangi and its principles.

    (3) The Crown acknowledges that Waitohi, at the head of Totaranui (Queen Charlotte Sound), was Te Ātiawa’s principal settlement on the mainland, and that—

    • (a) the Crown’s promise to survey a town at Waikawa was the main incentive for Te Ātiawa to finally agree to sell Waitohi and move to Waikawa:

    • (b) the Crown did not precisely define the boundaries of the land to be purchased in the preliminary 1848 agreement and did not show the boundaries of the purchase on a map until a deed was signed in 1850:

    • (c) the land set aside for Te Ātiawa at Waikawa was less suitable for their cultivations than the land they gave up at Waitohi:

    • (d) the Crown did not fulfil its promise in the 1850 deed to build a chapel for Te Ātiawa at Waikawa until 1860.

    The Crown acknowledges the sense of grievance felt by Te Ātiawa at having to relocate from Waitohi to Waikawa and that this grievance exists to the present day.

    (4) The Crown acknowledges that it sought to purchase the Pakawau block before Te Ātiawa and other Māori became aware of the potential value of its minerals, and the price paid reflected the agricultural value of the land only.

    (5) The Crown acknowledges that when it purchased most of the remaining Māori land in Te Tau Ihu between 1847 and 1856:

    • (a) it did not negotiate with Te Ātiawa in Te Tau Ihu prior to signing the 1853 Te Waipounamu deed and applied heavy pressure in its negotiations with resident Te Ātiawa in 1856 to agree to the Waipounamu purchase; and

    • (b) it did not set aside adequate reserves for the present and future needs of Te Ātiawa in Te Tau Ihu.

    The Crown acknowledges that it failed to adequately protect the interests of Te Ātiawa when purchasing their land and that this was a breach of the Treaty of Waitangi and its principles.

    (6) The Crown acknowledges that it did not include Te Ātiawa in its negotiations in 1862 to regulate gold mining on the Taitapu block.

    (7) The Crown acknowledges that in the reserves that became known as the Nelson and Motueka “tenths” it failed to adequately provide for Te Ātiawa to control those lands they occupied and used, and failed to ensure that the area ultimately reserved was sufficient for the ongoing use and benefit of Te Ātiawa. The Crown acknowledges that these failures were in breach of the Treaty of Waitangi and its principles.

    (8) The Crown acknowledges that the grant of tenths land at Whakarewa in 1853 meant that some Te Ātiawa whanau had to move from land they were occupying at the time. The Crown further acknowledges that despite protests from Māori beginning in 1881 the Whakarewa lands were not returned until 1993.

    (9) The Crown acknowledges that—

    • (a) Te Ātiawa had negligible involvement in the administration of the tenths reserves between 1842 and 1977; and

    • (b) it was not until 1892, several decades after the establishment of the tenths, that the beneficiaries of the tenths fund were identified.

    (10) The Crown acknowledges that certain actions and omissions with respect to the administration of the Nelson and Motueka tenths reserves, including the imposition of a regime of perpetually renewable leases, and permitting the Māori Trustee to sell “uneconomic interests” and tenths land in the twentieth century, resulted in prejudice to those Te Ātiawa who held a beneficial interest in the tenths reserves fund and were in breach of the Treaty of Waitangi and its principles.

    (11) The Crown acknowledges that the operation and impact of the native land laws on the reserves granted to Te Ātiawa, in particular the awarding of land to individual Te Ātiawa rather than to iwi or hapū, made those lands more susceptible to partition, fragmentation, and alienation. This further contributed to the erosion of the traditional tribal structures of Te Ātiawa. The Crown failed to take adequate steps to protect those structures and this was a breach of the Treaty of Waitangi and its principles.

    (12) The Crown acknowledges that most of the reserves set aside for Te Ātiawa from the Waitohi and Te Waipounamu purchases have over time been alienated from Te Ātiawa ownership, including through Crown takings from their Waikawa reserve for public works, and from their Queen Charlotte Sound reserves for scenery preservation purposes.

    (13) The Crown acknowledges that members of Te Ātiawa were never issued title to land allocated to them on Stewart Island and at Whakapoai under the landless natives scheme. The Crown’s failure to implement the scheme effectively meant that it did nothing to alleviate the landless position of those Te Ātiawa in Te Tau Ihu and this was a breach of the Treaty of Waitangi and its principles.

    (14) The Crown acknowledges that the cumulative effect of Crown actions and omissions left Te Ātiawa virtually landless. The Crown’s failure to ensure that Te Ātiawa retained sufficient land for their present and future needs was a breach of the Treaty of Waitangi and its principles.

    (15) The Crown acknowledges that environmental modification and degradation, particularly in the Marlborough Sounds, has had a detrimental impact on sites of cultural and spiritual significance to Te Ātiawa and limited the ability of Te Ātiawa to access some of their traditional land and sea resources.

208 Text of apology for Te Ātiawa o Te Waka-a-Māui
  • The text of the apology set out in the deed of settlement for Te Ātiawa o Te Waka-a-Māui (Te Ātiawa) is as follows:

    (1) The Crown makes the following apology to Te Ātiawa, and to their ancestors and descendants.

    (2) The Crown is deeply sorry that it has failed to live up to the obligations it accepted when more than twenty Te Ātiawa rangatira signed the Treaty of Waitangi at Totaranui (Queen Charlotte Sound) in May 1840.

    (3) The Crown profoundly regrets and apologises for its actions, which left Te Ātiawa virtually landless in Te Tau Ihu. The Crown recognises that by 1860 Crown land purchases in Te Tau Ihu had largely restricted Te Ātiawa to isolated reserves and marginalised the iwi from the new emerging economy. In particular the Crown regrets that when it arranged the purchase of Waitohi as the site of a town for settlers, this meant Te Ātiawa had to forsake their principal settlement in Totaranui.

    (4) The Crown acknowledges that it has failed to appropriately respect Te Ātiawa rangatiratanga. It is greatly remorseful that, over the generations to the present day, Crown actions have undermined your social and traditional structures, and your autonomy and ability to exercise your customary rights and responsibilities.

    (5) The Crown unreservedly apologises to Te Ātiawa for failing to honour its obligations under the Treaty of Waitangi. Through this apology the Crown seeks to atone for these wrongs and hopes that this settlement will mark the beginning of a new relationship with Te Ātiawa based on the Treaty of Waitangi and its principles.

Subpart 2Interpretation

209 Interpretation of Act generally
  • It is the intention of Parliament that the provisions of Parts 4 to 7 are interpreted in a manner that best furthers the agreements expressed in the deeds of settlement.

210 Interpretation
  • (1) In Parts 4 to 7, unless the context requires another meaning,—

    administering body has the meaning given by section 2(1) of the Reserves Act 1977

    advisory committee means the committee established by section 346 to provide advice in relation to the management of rivers and fresh water within the regions of certain councils

    affected person has the meaning given by section 2AA(2) of the Resource Management Act 1991

    aquatic life has the meaning given by section 2(1) of the Conservation Act 1987

    commercial redress property

    • (a) means a property listed in part 3 of the property redress schedule of a deed of settlement; and

    • (b) to avoid doubt, includes a licensed property and the unlicensed land

    Commissioner of Crown Lands has the same meaning as Commissioner in section 2 of the Land Act 1948

    consent authority has the meaning given by section 2(1) of the Resource Management Act 1991

    conservation land means land that is—

    • (a) vested in the Crown or held in fee simple by the Crown; and

    • (b) held, managed, or administered by the Department of Conservation under the conservation legislation

    conservation legislation means the Conservation Act 1987 and the Acts listed in Schedule 1 of that Act

    conservation management plan has the meaning given by section 2(1) of the Conservation Act 1987

    conservation management strategy has the meaning given by section 2(1) of the Conservation Act 1987

    conservation protocol

    • (a) means a protocol issued by the Minister of Conservation under section 222(1)(a); and

    • (b) includes any amendments made to the protocol under section 222(1)(b)

    conservation protocol area means the area shown on the map attached to a conservation protocol

    control, for the purposes of paragraph (d) of the definition of Crown body, means,—

    • (a) for a company, control of the composition of its board of directors; and

    • (b) for another body, control of the composition of the group that would be its board of directors if the body were a company

    Crown has the meaning given by section 2(1) of the Public Finance Act 1989

    Crown body means—

    • (a) a Crown entity (as defined by section 7(1) of the Crown Entities Act 2004); and

    • (b) a State enterprise (as defined by section 2 of the State-Owned Enterprises Act 1986); and

    • (c) the New Zealand Railways Corporation; and

    • (d) a company or body that is wholly owned or controlled by 1 or more of the following:

      • (i) the Crown:

      • (ii) a Crown entity:

      • (iii) a State enterprise:

      • (iv) the New Zealand Railways Corporation; and

    • (e) a subsidiary, or related company, of a company or body referred to in paragraph (d)

    Crown forestry licence means a licence granted under section 14 of the Crown Forest Assets Act 1989

    Crown-owned mineral means a mineral (as defined by section 2(1) of the Crown Minerals Act 1991)—

    • (a) that is the property of the Crown under section 10 or 11 of that Act; or

    • (b) over which the Crown has jurisdiction under the Continental Shelf Act 1964

    cultural redress property has the meaning given by section 264

    deed of recognition

    • (a) means a deed of recognition issued under section 239 to the trustees of a settlement trust by—

      • (i) the Minister of Conservation and the Director-General; or

      • (ii) the Commissioner of Crown Lands; and

    • (b) includes any amendments to the deed made under section 239

    deed of settlement

    • (a) means each of the following 4 deeds of settlement, including any schedules or attachments and including any amendments:

      • (i) the deed of settlement for Ngāti Kōata dated 21 December 2012, entered into by the Crown, Ngāti Kōata, and Te Pātaka a Ngāti Kōata:

      • (ii) the deed of settlement for Ngāti Rārua dated 13 April 2012, entered into by the Crown, Ngāti Rārua, and the Ngāti Rārua Settlement Trust:

      • (iii) the deed of settlement for Ngāti Tama ki Te Tau Ihu dated 20 April 2013, entered into by the Crown, Ngāti Tama ki Te Tau Ihu, and the Ngāti Tama ki Te Waipounamu Trust:

      • (iv) the deed of settlement for Te Ātiawa o Te Waka-a-Māui dated 21 December 2012, entered into by the Crown, Te Ātiawa o Te Waka-a-Māui, and the Te Ātiawa o Te Waka-a-Māui Trust; but

    • (b) in section 369 and Schedule 9,—

      • (i) for a related settlement iwi, means the deed of settlement for that iwi defined by section 18(1) of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013; or

      • (ii) for Ngati Toa Rangatira, means the deed of settlement for Ngati Toa Rangatira defined by section 428(1) of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013

    deferred selection property means a property listed in part 4 of the property redress schedule of a deed of settlement—

    • (a) that the trustees of the relevant settlement trust have elected to purchase from the Crown by giving notice under paragraph 5.3 of part 5 of that schedule; and

    • (b) in respect of which the agreement for sale and purchase (formed under paragraph 5.4 or 5.5 of that part 5) has not been cancelled

    Director-General means the Director-General of Conservation

    effective date means the date that is 6 months after the settlement date

    fisheries protocol

    • (a) means a protocol issued by the Minister for Primary Industries under section 222(1)(a); and

    • (b) includes any amendments made to the protocol under section 222(1)(b)

    fisheries protocol area means the area shown on the map attached to a fisheries protocol, together with the adjacent waters

    freshwater fisheries management plan has the meaning given by section 2(1) of the Conservation Act 1987

    Historic Places Trust means the New Zealand Historic Places Trust (Pouhere Taonga) continued by section 38 of the Historic Places Act 1993

    historical claims has the meaning given by section 213

    interest, in relation to land, means a lease, tenancy, licence, licence to occupy, easement, covenant, or other right or obligation affecting the land

    land holding agency means,—

    • (a) for a commercial redress property, the land holding agency specified for the property in part 3 of the property redress schedule of the relevant deed of settlement:

    • (b) for a deferred selection property, the land holding agency specified for the property in part 4 of the property redress schedule of the relevant deed of settlement

    licensed property

    • (a) means a property listed as a licensed land property in table 1 in part 3 of the property redress schedule of a deed of settlement; but

    • (b) excludes—

      • (i) all trees growing, standing, or lying on the property; and

      • (ii) all improvements that have been—

        • (A) acquired by any purchaser of the trees on the property; or

        • (B) made, after the acquisition of the trees by the purchaser, by the purchaser or the licensee

    licensee means the registered holder of a Crown forestry licence

    licensor means the licensor of a Crown forestry licence

    LINZ means Land Information New Zealand

    local authority has the meaning given by section 5(1) of the Local Government Act 2002

    member, for a settlement iwi, means an individual referred to in paragraph (a) of the definition of that iwi in section 212(1)

    minerals protocol

    • (a) means a protocol issued by the Minister of Energy and Resources under section 222(1)(a); and

    • (b) includes any amendments made to the protocol under section 222(1)(b)

    minerals protocol area means the area shown on the map attached to a minerals protocol, together with the adjacent waters

    national park management plan has the same meaning as management plan in section 2 of the National Parks Act 1980

    overlay classification has the meaning given by section 245(1)

    protocol

    • (a) means a protocol issued under section 222(1)(a); and

    • (b) includes any amendments made to the protocol under section 222(1)(b)

    public work has the meaning given by section 2 of the Public Works Act 1981

    regional council has the meaning given by section 2(1) of the Resource Management Act 1991

    Registrar-General means the Registrar-General of Land appointed under section 4 of the Land Transfer Act 1952

    related company has the meaning given by section 2(3) of the Companies Act 1993

    related settlement iwi has the meaning given by section 211

    related settlement trust has the meaning given by section 211

    representative entity means—

    • (a) the trustees of each settlement trust; and

    • (b) any person (including any trustees) acting for, or on behalf of,—

      • (i) the collective group referred to in paragraph (a) of the definition of Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, or Te Ātiawa o Te Waka-a-Māui in section 212(1); or

      • (ii) 1 or more members of Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, or Te Ātiawa o Te Waka-a-Māui; or

      • (iii) 1 or more of the whānau, hapū, or groups referred to in paragraph (c) of the definition of Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, or Te Ātiawa o Te Waka-a-Māui in section 212(1)

    resource consent has the meaning given by section 2(1) of the Resource Management Act 1991

    responsible Minister means,—

    • (a) for a conservation protocol, the Minister of Conservation; or

    • (b) for a fisheries protocol, the Minister for Primary Industries; or

    • (c) for a minerals protocol, the Minister of Energy and Resources; or

    • (d) for a taonga tūturu protocol, the Minister for Arts, Culture and Heritage; or

    • (e) for any protocol, any other Minister of the Crown authorised by the Prime Minister to exercise powers, and perform functions and duties, in relation to the protocol

    RFR land has the meaning given by section 370

    settlement date means the date that is 70 working days after the date on which Parts 4 to 7 come into force

    settlement iwi has the meaning given by section 211

    settlement trust has the meaning given by section 211

    statutory acknowledgement has the meaning given by section 229(1)

    statutory plan

    • (a) means a district plan, regional plan, regional coastal plan, regional policy statement, or proposed policy statement (as defined by section 43AA of the Resource Management Act 1991); and

    • (b) includes a proposed plan (as defined by section 43AAC of that Act)

    subsidiary has the meaning given by section 5 of the Companies Act 1993

    taonga tūturu

    • (a) has the meaning given by section 2(1) of the Protected Objects Act 1975; and

    • (b) includes ngā taonga tūturu (as defined by section 2(1) of that Act)

    taonga tūturu protocol

    • (a) means a protocol issued by the Minister for Arts, Culture and Heritage under section 222(1)(a); and

    • (b) includes any amendments made to the protocol under section 222(1)(b)

    trustees means the trustees of a trust acting in their capacity as trustees

    unlicensed land means the land described as Koromiko Forest in table 2 in part 3 of the property redress schedule of the deed of settlement for Ngāti Rārua

    working day means a day of the week other than—

    • (a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

    • (b) a day in the period starting on 25 December in a year and ending on 15 January in the following year; and

    • (c) the day observed as the anniversary of the province of Nelson, Marlborough, or Wellington.

    (2) In Parts 4 to 7, a reference to a transfer or vesting of any land (being the fee simple estate in the land) to or in any trustees includes the transfer or vesting of an undivided share of the fee simple estate in the land.

    (3) Subsection (2) applies unless the context requires another meaning.

211 Interpretation: iwi and trusts
  • In Parts 4 to 7, unless the context requires another meaning,—

    Ngāti Apa ki te Rā Tō has the meaning given by section 20(1) of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013

    Ngāti Apa ki te Rā Tō Trust has the meaning given by section 19 of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013

    Ngāti Kōata has the meaning given by section 212(1)

    Ngāti Kuia has the meaning given by section 20(1) of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013

    Ngāti Rārua has the meaning given by section 212(1)

    Ngāti Rārua Settlement Trust means the trust with that name established by a deed of trust dated 11 April 2013

    Ngāti Tama ki Te Tau Ihu has the meaning given by section 212(1)

    Ngāti Tama ki Te Waipounamu Trust means the trust with that name established by a deed of trust dated 21 April 2013

    Ngati Toa Rangatira has the meaning given by section 430(1) of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013

    Rangitāne o Wairau has the meaning given by section 20(1) of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013

    Rangitāne o Wairau Settlement Trust has the meaning given by section 19 of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013

    related settlement iwi means each of the following iwi:

    • (a) Ngāti Apa ki te Rā Tō:

    • (b) Ngāti Kuia:

    • (c) Rangitāne o Wairau

    related settlement trust means,—

    • (a) for Ngāti Apa ki te Rā Tō, the Ngāti Apa ki te Rā Tō Trust:

    • (b) for Ngāti Kuia, the Te Runanga o Ngāti Kuia Trust:

    • (c) for Rangitāne o Wairau, the Rangitāne o Wairau Settlement Trust

    settlement iwi means each of the following iwi:

    • (a) Ngāti Kōata:

    • (b) Ngāti Rārua:

    • (c) Ngāti Tama ki Te Tau Ihu:

    • (d) Te Ātiawa o Te Waka-a-Māui

    settlement trust means,—

    • (a) for Ngāti Kōata, Te Pātaka a Ngāti Kōata:

    • (b) for Ngāti Rārua, the Ngāti Rārua Settlement Trust:

    • (c) for Ngāti Tama ki Te Tau Ihu, the Ngāti Tama ki Te Waipounamu Trust:

    • (d) for Te Ātiawa o Te Waka-a-Māui, the Te Ātiawa o Te Waka-a-Māui Trust

    Te Ātiawa o Te Waka-a-Māui has the meaning given by section 212(1)

    Te Ātiawa o Te Waka-a-Māui Trust means the trust with that name established by a deed of trust dated 19 December 2012

    Te Pātaka a Ngāti Kōata means the trust with that name established by a deed of trust dated 30 November 2012

    Te Runanga o Ngāti Kuia Trust has the meaning given by section 19 of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013

    Toa Rangatira Trust has the meaning given by section 429 of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013.

212 Meaning of Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui
  • (1) In Parts 4 to 7,—

    Ngāti Kōata

    • (a) means the collective group composed of individuals who are descended from both—

      • (i) Te Kōata; and

      • (ii) any other recognised ancestor of Ngāti Kōata, including an ancestor identified in clause 8.11 of the deed of settlement for Ngāti Kōata, who exercised customary rights predominantly in relation to the area of interest of Ngāti Kōata at any time after 6 February 1840; and

    • (b) includes those individuals; and

    • (c) includes any whānau, hapū, or group to the extent that it is composed of those individuals

    Ngāti Rārua

    • (a) means the collective group composed of individuals who are descended from an ancestor of Ngāti Rārua; and

    • (b) includes those individuals; and

    • (c) includes any whānau, hapū, or group to the extent that it is composed of those individuals

    Ngāti Tama ki Te Tau Ihu

    • (a) means the collective group composed of individuals who are descended from an ancestor of Ngāti Tama ki Te Tau Ihu; and

    • (b) includes those individuals; and

    • (c) includes any whānau, hapū, or group to the extent that it is composed of those individuals

    Te Ātiawa o Te Waka-a-Māui

    • (a) means the collective group composed of individuals who are descended from an ancestor of Te Ātiawa o Te Waka-a-Māui; and

    • (b) includes those individuals; and

    • (c) includes any whānau, hapū, or group to the extent that it is composed of those individuals.

    (2) In this section,—

    ancestor of Ngāti Rārua means—

    • (a) an individual identified in clause 8.9 of the deed of settlement for Ngāti Rārua (being the individuals who settled in Golden Bay, Motueka, Whakatu, and Wairau as a result of the raupatu during the 1820s and who were recorded on the title to land or reserves in the area of interest of Ngāti Rārua as Ngāti Rārua owners or occupiers):

    • (b) any other individual who—

      • (i) exercised customary rights by virtue of being descended from a recognised tupuna of Ngāti Rārua; and

      • (ii) exercised the customary rights predominantly in relation to the area of interest of Ngāti Rārua at any time after 6 February 1840

    ancestor of Ngāti Tama ki Te Tau Ihu means—

    • (a) a tupuna identified in part 8 of the documents schedule of the deed of settlement for Ngāti Tama ki Te Tau Ihu:

    • (b) any other tupuna who exercised customary rights predominantly in relation to the area of interest of Ngāti Tama ki Te Tau Ihu at any time after 6 February 1840 and who is recognised as 1 or more of the following:

      • (i) a Ngāti Tama ki Te Tau Ihu signatory to the second deed of purchase by the New Zealand Company signed at Arapawa Island in November 1839:

      • (ii) a Ngāti Tama ki Te Tau Ihu signatory to the Treaty of Waitangi in Te Tau Ihu:

      • (iii) a Ngāti Tama ki Te Tau Ihu owner among the original owners of the Māori reserved lands in Nelson and Marlborough (such as native tenths reserves, occupation reserves, original native title blocks, and landless native reserves):

      • (iv) a Ngāti Tama ki Te Tau Ihu signatory to a deed of sale of land to the Crown during the 1840s or 1850s:

      • (v) an individual who, as Ngāti Tama ki Te Tau Ihu, held ahi kā roa in the area of interest of Ngāti Tama ki Te Tau Ihu as established by census records, Native Land Court or Maori Land Court records, or any other document

    ancestor of Te Ātiawa o Te Waka-a-Māui means—

    • (a) a Ngātiawa/Te Ātiawa tupuna identified in clause 8.10 of the deed of settlement for Te Ātiawa o Te Waka-a-Māui, being the original Ngātiawa owners of the native reserves lands in Nelson, Marlborough, and Stewart Island / Rakiura (such as native tenths reserves, occupation reserves, original native title blocks, landless native reserves, and Crown grants to Ngātiawa):

    • (b) any other tupuna who—

      • (i) is recognised as Ngātiawa/Te Ātiawa; and

      • (ii) exercised customary rights predominantly in relation to the area of interest of Te Ātiawa o Te Waka-a-Māui at any time after 6 February 1840 as established by census records, Native Land Court or Maori Land Court records, or any other document

    area of interest of Ngāti Kōata means the area of interest of Ngāti Kōata shown in part 1 of the attachments to the deed of settlement for Ngāti Kōata

    area of interest of Ngāti Rārua means the area of interest of Ngāti Rārua shown in part 1 of the attachments to the deed of settlement for Ngāti Rārua

    area of interest of Ngāti Tama ki Te Tau Ihu means the area of interest of Ngāti Tama ki Te Tau Ihu shown in part 1 of the attachments to the deed of settlement for Ngāti Tama ki Te Tau Ihu

    area of interest of Te Ātiawa o Te Waka-a-Māui means the area of interest of Te Ātiawa o Te Waka-a-Māui shown in part 1 of the attachments to the deed of settlement for Te Ātiawa o Te Waka-a-Māui

    customary rights means rights according to tikanga Māori (Māori customary values and practices), including—

    • (a) rights to occupy land; and

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

    descended,—

    • (a) for Ngāti Rārua, means that a person is descended from another person by—

      • (i) birth; or

      • (ii) legal adoption:

    • (b) for another settlement iwi, means that a person is descended from another person by—

      • (i) birth; or

      • (ii) legal adoption; or

      • (iii) Māori customary adoption in accordance with the tikanga (customary values and practices) of the settlement iwi.

213 Meaning of historical claims
  • (1) In Parts 4 to 7, historical claims

    • (a) means the claims described in subsection (2); and

    • (b) includes the claims described in subsections (3) to (6); but

    • (c) does not include the claims described in subsection (7).

    (2) The historical claims are every claim that a settlement iwi or a representative entity had on or before the settlement date, or may have after the settlement date, and that—

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

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

      • (ii) under legislation; or

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

      • (iv) from fiduciary duty; or

      • (v) otherwise; and

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

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

      • (ii) by or under legislation.

    (3) The historical claims include—

    • (a) a claim to the Waitangi Tribunal that relates exclusively to Ngāti Kōata or a representative entity of Ngāti Kōata, including each of the following claims, to the extent that subsection (2) applies to the claim:

      • (i) Wai 184—Whangarae 1C claim:

      • (ii) Wai 220/1220—Cape Soucis land claim:

      • (iii) Wai 566—Ngāti Kōata iwi claim:

      • (iv) Wai 1007—Ngāti Kōata marine farming and aquaculture claim:

      • (v) Wai 1733—D'Urville Island Scenic Reserve claim; and

    • (b) any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Kōata or a representative entity of Ngāti Kōata:

      • (i) Wai 56—Nelson lands and fisheries claim:

      • (ii) Wai 102—Te Runanganui o Te Tau Ihu o Te Waka a Maui Inc claims:

      • (iii) Wai 172—Makara lands claim:

      • (iv) Wai 262—Indigenous flora and fauna and cultural intellectual property claim:

      • (v) Wai 648—Grace Saxton, George Hori Toms, and colonial laws of succession claim.

    (4) The historical claims include—

    • (a) a claim to the Waitangi Tribunal that relates exclusively to Ngāti Rārua or a representative entity of Ngāti Rārua, including each of the following claims, to the extent that subsection (2) applies to the claim:

      • (i) Wai 594—Ngāti Rārua claim:

      • (ii) Wai 956—Warren Pahia and Joyce Te Tio Stephens Whānau Trust claim:

      • (iii) Wai 1617—Ngāti Turanga-a-peke lands claim:

      • (iv) Wai 1635—Ngāti Turanga-a-peke marine environment claim; and

    • (b) any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Rārua or a representative entity of Ngāti Rārua:

      • (i) Wai 56—Nelson lands and fisheries claim:

      • (ii) Wai 102—Te Runanganui o Te Tau Ihu o Te Waka a Maui Inc claims:

      • (iii) Wai 830—Sandy Bay Section 27 and Motueka Section 157 (Pounamu Block) claim.

    (5) The historical claims include—

    • (a) a claim to the Waitangi Tribunal that relates exclusively to Ngāti Tama ki Te Tau Ihu or a representative entity of Ngāti Tama ki Te Tau Ihu, including each of the following claims, to the extent that subsection (2) applies to the claim:

      • (i) Wai 723:

      • (ii) Wai 1043:

      • (iii) Wai 1734; and

    • (b) any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Tama ki Te Tau Ihu or a representative entity of Ngāti Tama ki Te Tau Ihu:

      • (i) Wai 56:

      • (ii) Wai 102:

      • (iii) Wai 104.

    (6) The historical claims include—

    • (a) a claim to the Waitangi Tribunal that relates exclusively to Te Ātiawa o Te Waka-a-Māui or a representative entity of Te Ātiawa o Te Waka-a-Māui, including each of the following claims, to the extent that subsection (2) applies to the claim:

      • (i) Wai 124—Waikawa lands claim:

      • (ii) Wai 379—Marlborough Sounds and Picton claim:

      • (iii) Wai 607—Te Ātiawa, Ngātiawa ki Te Tau Ihu claim:

      • (iv) Wai 851—Queen Charlotte Sound claim:

      • (v) Wai 920—Waikawa Block claim:

      • (vi) Wai 921—the Waikawa No. 1 Block claim:

      • (vii) Wai 922—Grennell adoption and ancestral lands claim:

      • (viii) Wai 923—Park Motueka Reserves claim:

      • (ix) Wai 924—Kinana Waikawa Village claim:

      • (x) Wai 925—Barcello Anatohia Bay claim:

      • (xi) Wai 927—Bowdler Waikawa Village Block claim:

      • (xii) Wai 1002—Te Ātiawa ki Motueka northern South Island claim:

      • (xiii) Wai 1005—Te Ātiawa marine farming and aquaculture claim:

      • (xiv) Wai 1454—Te Ātiawa ki Te Tau Ihu water rights claim:

      • (xv) Wai 1895—Lake Grassmere lands and resources claim; and

    • (b) any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Te Ātiawa o Te Waka-a-Māui or a representative entity of Te Ātiawa o Te Waka-a-Māui:

      • (i) Wai 56—Nelson lands and fisheries claim:

      • (ii) Wai 102—Te Runanganui o Te Tau Ihu o Te Waka a Maui Inc claims:

      • (iii) Wai 104—Whakarewa Trust claim:

      • (iv) Wai 830—Sandy Bay Section 27 and Motueka Section 157 (Pounamu Block) claim:

      • (v) Wai 1987—Te Awhaiti Village claim.

    (7) However, the historical claims do not include—

    • (a) a claim that a member of Ngāti Kōata, or a whānau, hapū, or group referred to in paragraph (c) of the definition of Ngāti Kōata in section 212(1), had or may have that is, or is founded on, a right arising by virtue of being descended from an ancestor who is not referred to in paragraph (a) of that definition; or

    • (b) a claim that a representative entity of Ngāti Kōata had or may have that is, or is founded on, a claim described in paragraph (a); or

    • (c) a claim that a member of Ngāti Rārua, or a whānau, hapū, or group referred to in paragraph (c) of the definition of Ngāti Rārua in section 212(1), had or may have that is, or is founded on, a right arising by virtue of being descended from a person other than an ancestor of Ngāti Rārua (as defined in section 212(2)); or

    • (d) a claim that a representative entity of Ngāti Rārua had or may have that is, or is founded on, a claim described in paragraph (c); or

    • (e) a claim that a member of Ngāti Tama ki Te Tau Ihu, or a whānau, hapū, or group referred to in paragraph (c) of the definition of Ngāti Tama ki Te Tau Ihu in section 212(1), had or may have that is, or is founded on, a right arising by virtue of being descended from a person other than an ancestor of Ngāti Tama ki Te Tau Ihu (as defined in section 212(2)); or

    • (f) a claim that a representative entity of Ngāti Tama ki Te Tau Ihu had or may have that is, or is founded on, a claim described in paragraph (e); or

    • (g) a claim that a member of Te Ātiawa o Te Waka-a-Māui, or a whānau, hapū, or group referred to in paragraph (c) of the definition of Te Ātiawa o Te Waka-a-Māui in section 212(1), had or may have that is, or is founded on, a right arising by virtue of being descended from a person other than an ancestor of Te Ātiawa o Te Waka-a-Māui (as defined in section 212(2)); or

    • (h) a claim that a representative entity of Te Ātiawa o Te Waka-a-Māui had or may have that is, or is founded on, a claim described in paragraph (g).

    (8) A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.

Subpart 3Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

214 Settlement of historical claims final
  • (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 deeds 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 the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of—

    • (a) the historical claims; or

    • (b) the deeds of settlement; or

    • (c) Parts 4 to 7; or

    • (d) the redress provided under the deeds of settlement or Parts 4 to 7.

    (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 deeds of settlement or Parts 4 to 7.

    (6) Subsections (1) to (5) do not affect—

    • (a) the ability of a plaintiff to pursue the appeal filed in the Court of Appeal as CA 436/2012; or

    • (b) the ability of any person to pursue an appeal from a decision of the Court of Appeal; or

    • (c) the ability of a plaintiff to obtain any relief claimed in the Wakatū proceedings to which the plaintiff is entitled.

    (7) To avoid doubt, subsection (6) does not preserve any claim by or on behalf of a person who is not a plaintiff.

    (6) In this section,—

    plaintiff means a plaintiff named in the Wakatū proceedings

    Wakatū proceedings means the proceedings filed in the High Court as CIV–2010–442–181.

Consequential amendment to Treaty of Waitangi Act 1975

215 Amendment to Treaty of Waitangi Act 1975
  • (1) This section amends the Treaty of Waitangi Act 1975.

    (2) In Schedule 3, insert in its appropriate alphabetical order Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013, section 214(4) and (5).

Protections no longer apply

216 Certain enactments do not apply
  • (1) The enactments listed in subsection (2) do not apply—

    • (a) to land in the Nelson Land District or Marlborough Land District; or

    • (b) for the benefit of a settlement iwi 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.

217 Removal of memorials
  • (1) The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify each computer register for the Nelson Land District or Marlborough Land District that has a memorial recorded under any enactment listed in section 216(2).

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

    (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), remove any memorial recorded under an enactment listed in section 216(2) from each computer register identified in the certificate.

Subpart 4Other matters

218 Rule against perpetuities does not apply
  • (1) The rule against perpetuities and the provisions of the Perpetuities Act 1964 do not—

    • (a) prescribe or restrict the period during which—

      • (i) a settlement trust may exist in law; or

      • (ii) the trustees of a settlement trust may hold or deal with property (including income derived from property); or

    • (b) apply to a document entered into to give effect to a 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 a settlement trust is, or becomes, a charitable trust, the application (if any) of the rule against perpetuities or of any provision of the Perpetuities Act 1964 to that trust must be determined under the general law.

219 Access to deeds of settlement
  • The chief executive of the Ministry of Justice must make copies of the deeds 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 working day; and

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

220 Provisions of other Acts that have same effect
  • If a provision in Parts 4 to 7 has the same effect as a provision in 1 or both of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013 and Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013, the provisions must be given effect to only once as if they were 1 provision.

Part 5
Cultural redress

Subpart 1Protocols

General provisions

221 Interpretation
  • In this subpart, relevant trustees, for a protocol, means the trustees of a settlement trust to whom the protocol may be or has been issued.

222 Issue, amendment, and cancellation of protocols
  • (1) Each responsible Minister—

    • (a) must issue a protocol to the trustees of each settlement trust in the form set out in part 4 of the documents schedule of the relevant deed of settlement; and

    • (b) may amend or cancel that protocol.

    (2) The responsible Minister may amend or cancel a protocol at the initiative of—

    • (a) the relevant trustees; or

    • (b) the responsible Minister.

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

223 Protocols subject to rights, functions, and obligations
  • 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 the ability to—

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

      • (ii) interact with or consult a person that the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or

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

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

224 Enforceability of protocols
  • (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 relevant trustees 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 relevant trustees in enforcing the protocol under subsection (2).

225 Limitation of rights
  • (1) A conservation protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to,—

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

    • (b) land held, managed, or administered, or flora or fauna managed or administered, under the conservation legislation.

    (2) A fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, and seaweed) held, managed, or administered under any of the following enactments:

    • (a) the Fisheries Act 1996:

    • (b) the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992:

    • (c) the Maori Commercial Aquaculture Claims Settlement Act 2004:

    • (d) the Maori Fisheries Act 2004.

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

    (4) A taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.

Noting of conservation, fisheries, and minerals protocols

226 Noting of conservation protocols
  • (1) A summary of the terms of a conservation protocol must be noted in the conservation documents affecting the conservation protocol area for that protocol.

    (2) The noting of a 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) In this section, conservation document means a conservation management plan, conservation management strategy, freshwater fisheries management plan, or national park management plan.

227 Noting of fisheries protocols
  • (1) A summary of the terms of a fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area for that protocol.

    (2) The noting of a fisheries protocol is—

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

    • (b) not an amendment to the fisheries plans for the purposes of section 11A of the Fisheries Act 1996.

    (3) In this section, fisheries plan means a plan approved or amended under section 11A of the Fisheries Act 1996.

228 Noting of minerals protocols
  • (1) A summary of the terms of a minerals protocol must be noted in—

    • (a) a register of protocols maintained by the chief executive of the Ministry of Business, Innovation, and Employment; and

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

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

Subpart 2Statutory acknowledgement and deeds of recognition

Statutory acknowledgement

229 Interpretation
  • (1) In Parts 4 to 7, statutory acknowledgement means the acknowledgement made by the Crown in section 230 in respect of each statutory area, on the terms set out in this subpart.

    (2) In this subpart,—

    coastal statutory area means the statutory area described in Schedule 5 as Te Tau Ihu coastal marine area

    relevant consent authority, for a statutory area, means a consent authority of a region or district that contains, or is adjacent to, the statutory area

    relevant iwi, for a statutory area, means the 1 or more iwi listed in Schedule 5 as having an association with the statutory area

    relevant trustees, for a statutory area, means the trustees of the settlement trust of each of the relevant iwi for the statutory area

    statements of association means the statements—

    • (a) made by the relevant iwi of their particular cultural, spiritual, historical, and traditional association with the statutory areas (except the coastal statutory area); and

    • (b) that are in the form set out in part 2 (or, for Te Ātiawa o Te Waka-a-Māui, in part 1.3) of the documents schedule of each deed of settlement

    statements of coastal values means the statements—

    • (a) made by the relevant iwi of their particular values relating to the coastal statutory area; and

    • (b) that are in the form set out in part 2.1 (or, for Te Ātiawa o Te Waka-a-Māui, in part 1.4) of the documents schedule of each deed of settlement

    statutory area means an area described in Schedule 5, with the general location (but not the precise boundaries) indicated on the deed plan referred to in relation to the area.

230 Statutory acknowledgement by the Crown
  • The Crown acknowledges the statements of association and the statements of coastal values.

231 Purposes of statutory acknowledgement
  • The only purposes of the statutory acknowledgement are—

    • (a) to require relevant consent authorities, the Environment Court, and the Historic Places Trust to have regard to the statutory acknowledgement, as provided for in sections 232 to 234; and

    • (b) to require relevant consent authorities to provide summaries of resource consent applications, or copies of notices of resource consent applications, to the relevant trustees, as provided for in section 236; and

    • (c) to enable the relevant trustees and members of the relevant iwi to cite the statutory acknowledgement as evidence of the iwi's association with a statutory area, as provided for in section 237.

232 Relevant consent authorities to have regard to statutory acknowledgement
  • (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 relevant trustees are affected persons in relation to an activity within, adjacent to, or directly affecting the statutory area and for which an application for a resource consent has been made.

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

233 Environment Court to have regard to statutory acknowledgement
  • (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 relevant trustees are persons who have an interest in proceedings that is greater than the interest that the general public has in respect of an application for a resource consent for activities within, adjacent to, or directly affecting the statutory area.

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

234 Historic Places Trust and Environment Court to have regard to statutory acknowledgement
  • (1) This section applies 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.

    (2) The Historic Places Trust must have regard to the statutory acknowledgement relating to a statutory area in exercising its powers under section 14 of the Historic Places Act 1993 in relation to the application, including in determining whether the relevant trustees are directly affected by an extension of time.

    (3) The Environment Court must have regard to the statutory acknowledgement relating to a statutory area in determining under section 20 of the Historic Places Act 1993 an appeal against a decision of the Historic Places Trust in relation to the application, including in determining whether the relevant trustees are directly affected by the decision.

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

235 Recording statutory acknowledgement on statutory plans
  • (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—

    • (a) the relevant provisions of sections 229 to 238 in full; and

    • (b) the descriptions of the statutory areas wholly or partly covered by the plan; and

    • (c) any statements of association or statements of coastal values for the statutory areas.

    (3) The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—

    • (a) part of the statutory plan; or

    • (b) subject to the provisions of Schedule 1 of the Resource Management Act 1991.

236 Provision of summaries or notices of certain applications to relevant trustees
  • (1) Each relevant consent authority must, for a period of 20 years starting on the effective date, provide the following to the relevant trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:

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

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

    (2) The information provided in a summary of an application must be the same as would be given to an affected person by limited notification under section 95B of the Resource Management Act 1991, or as may be agreed between the relevant trustees and the relevant consent authority.

    (3) A summary of an application must be provided under subsection (1)(a)

    • (a) as soon as is reasonably practicable after the consent authority receives the application; but

    • (b) before the consent authority decides under section 95 of the Resource Management Act 1991 whether to notify the application.

    (4) A copy of a notice of an application must be provided under subsection (1)(b) no later than 10 working days after the day on which the consent authority receives the notice.

    (5) This section does not affect a relevant consent authority's obligation,—

    • (a) under section 95 of the Resource Management Act 1991, to decide whether to notify an application, and to notify the application if it decides to do so; or

    • (b) under section 95E of that Act, to decide whether the relevant trustees are affected persons in relation to an activity.

237 Use of statutory acknowledgement
  • (1) The relevant trustees and any member of the relevant iwi may, as evidence of the iwi's association with a statutory area, cite the statutory acknowledgement that relates to that area in submissions to, and in proceedings before, a relevant consent authority, the Environmental Protection Authority or a board of inquiry under Part 6AA of the Resource Management Act 1991, the Environment Court, or the Historic Places Trust concerning activities within, adjacent to, or directly affecting the statutory area.

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

    • (a) relevant consent authorities:

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

    • (c) the Environment Court:

    • (d) the Historic Places Trust:

    • (e) parties to proceedings before those bodies:

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

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

    (4) To avoid doubt,—

    • (a) neither the relevant trustees nor members of a relevant iwi are precluded from stating that the iwi 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.

238 Relevant trustees may waive rights
  • (1) The relevant trustees may waive the right to be provided with summaries, and copies of notices, of resource consent applications under section 236 in relation to a statutory area.

    (2) The relevant trustees may waive the right to have a relevant consent authority, the Environment Court, or the Historic Places Trust have regard to the statutory acknowledgement under sections 232 to 234 in relation to the coastal statutory area.

    (3) Rights must be waived by written notice to the relevant consent authority, the Environment Court, or the Historic Places Trust stating—

    • (a) the scope of the waiver; and

    • (b) the period for which it applies.

    (4) An obligation under this subpart does not apply to the extent that the corresponding right has been waived under this section.

Deeds of recognition

239 Issue and amendment of deeds of recognition
  • (1) Deeds of recognition must be issued to the trustees of the settlement trust of an iwi in respect of the statutory areas with which the iwi has an association as listed in Schedule 5, except the areas referred to as—

    • (a) Westhaven (Te Tai Tapu) Marine Reserve and Westhaven (Whanganui Inlet) Wildlife Management Reserve; and

    • (b) Wairau Lagoons and Te Pokohiwi / Boulder Bank Historic Reserve; and

    • (c) Kaka Point; and

    • (d) Te Tau Ihu coastal marine area.

    (2) The Minister of Conservation and the Director-General must issue a deed of recognition for the relevant statutory areas administered by the Department of Conservation.

    (3) The Commissioner of Crown Lands must issue a deed of recognition for the relevant statutory areas administered by the Commissioner.

    (4) A deed of recognition must be issued in the form set out in part 3 (or, for Te Ātiawa o Te Waka-a-Māui, in part 2) of the documents schedule of the relevant deed of settlement.

    (5) The person or people who issue a deed of recognition to trustees may amend the deed, but only with the written consent of the trustees.

    (6) For the purposes only of issuing or amending a deed of recognition, Titi Island Nature Reserve is a statutory area (as if listed in Schedule 5)—

    • (a) with the general location (but not the precise boundaries) indicated on deed plan OTS–202–52; and

    • (b) with which Te Ātiawa o Te Waka-a-Māui has an association.

General provisions

240 Application to river or stream
  • (1) If any part of the statutory acknowledgement applies to a river or stream (including a tributary), that part of the acknowledgement—

    • (a) applies only to—

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

      • (ii) the bed of the river or stream, meaning the land that the waters of the river or stream cover at its fullest flow without flowing over its banks; but

    • (b) does not apply to—

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

      • (ii) an artificial watercourse.

    (2) If any part of a deed of recognition applies to a river or stream (including a tributary), that part of the deed—

    • (a) applies only to the bed of the river or stream, meaning the land that the waters of the river or stream cover at its fullest flow without flowing over its banks; but

    • (b) does not apply to—

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

      • (ii) the bed of an artificial watercourse.

241 Exercise of powers and performance of functions and duties
  • (1) The statutory acknowledgement and the deeds of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw.

    (2) A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the association of the relevant iwi with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.

    (3) Subsection (2) does not limit subsection (1).

    (4) This section is subject to—

    • (a) the other provisions of this subpart; and

    • (b) any obligation imposed on the Minister of Conservation, the Director-General, or the Commissioner of Crown Lands by a deed of recognition.

242 Rights not affected
  • (1) The statutory acknowledgement and the deeds of recognition do not affect the lawful rights or interests of a person who is not a party to a deed of settlement.

    (2) This section is subject to the other provisions of this subpart.

243 Limitation of rights
  • (1) The statutory acknowledgement and the deeds of recognition do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.

    (2) This section is subject to the other provisions of this subpart.

Consequential amendment to Resource Management Act 1991

244 Amendment to Resource Management Act 1991
  • (1) This section amends the Resource Management Act 1991.

    (2) In Schedule 11, insert in its appropriate alphabetical order Parts 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013.

Subpart 3Overlay classification

245 Interpretation
  • (1) In Parts 4 to 7, overlay classification

    • (a) means the application of this subpart to each overlay site; and

    • (b) for Ngāti Kōata, is known as he uhi takai; and

    • (c) for Ngāti Rārua, is known as parirau whakaruru; and

    • (d) for Ngāti Tama ki Te Tau Ihu, is known as te korowai mana; and

    • (e) for Te Ātiawa o Te Waka-a-Māui, is known as kahukiwi.

    (2) In this subpart,—

    Conservation Board means a board established under section 6L of the Conservation Act 1987

    iwi values, for each overlay site, means the values stated by the relevant iwi in their statements of iwi values

    New Zealand Conservation Authority means the authority established by section 6A of the Conservation Act 1987

    overlay site

    • (a) means a site that is declared under section 246 to be subject to the overlay classification; but

    • (b) does not include an area that is declared under section 260(1) to no longer be subject to the overlay classification

    protection principles, for an overlay site, means the protection principles set out for the site in paragraph 4.1 of part 1 (or, for Te Ātiawa o Te Waka-a-Māui, of part 3) of the documents schedule of the relevant deed of settlement, including any amendments made to the principles under section 249(3)

    relevant iwi, for an overlay site, means the 1 or more iwi listed in Schedule 6 as having an association with the overlay site

    relevant trustees, for an overlay site, means the trustees of the settlement trust of each of the relevant iwi for the overlay site

    specified actions, for an overlay site, means the actions set out for the site in paragraph 5.1 of part 1 (or, for Te Ātiawa o Te Waka-a-Māui, of part 3) of the documents schedule of the relevant deed of settlement

    statements of iwi values, for each overlay site, means the statements—

    • (a) made by the relevant iwi of their values relating to their cultural, spiritual, historical, and traditional association with the overlay site; and

    • (b) that are in the form set out in paragraph 3 of part 1 (or, for Te Ātiawa o Te Waka-a-Māui, of part 3) of the documents schedule of the relevant deed of settlement.

246 Declaration of overlay classification
  • Each site described in Schedule 6 is declared to be subject to the overlay classification.

247 Acknowledgement by the Crown of statements of iwi values
  • The Crown acknowledges the statements of iwi values of the relevant iwi in relation to the overlay sites.

248 Purposes of overlay classification
  • The only purposes of the overlay classification are—

    • (a) to require the New Zealand Conservation Authority and relevant Conservation Boards to consult the relevant trustees and to have particular regard to the statements of iwi values, the protection principles, and the views of the relevant trustees, as provided for in sections 250 and 251; and

    • (b) to require the New Zealand Conservation Authority to give the relevant trustees an opportunity to make submissions, as provided for in section 252; and

    • (c) to enable the taking of action under sections 253 to 258.

249 Agreement on protection principles
  • (1) The relevant trustees and the Minister of Conservation may agree on and publicise protection principles that are intended to prevent—

    • (a) harm to the iwi values in relation to an overlay site; or

    • (b) the diminishing of the iwi values in relation to an overlay site.

    (2) The protection principles set out in paragraph 4.1 of part 1 (or, for Te Ātiawa o Te Waka-a-Māui, of part 3) of the documents schedule of a deed of settlement are to be treated as having been agreed by the relevant trustees and the Minister of Conservation.

    (3) The relevant trustees and the Minister of Conservation may agree in writing to any amendments to the protection principles.

250 New Zealand Conservation Authority and Conservation Boards to have particular regard to certain matters
  • When the New Zealand Conservation Authority or a Conservation Board considers or approves a conservation management strategy, conservation management plan, or national park management plan in relation to an overlay site, it must have particular regard to—

    • (a) the statements of iwi values for the site; and

    • (b) the protection principles for the site.

251 New Zealand Conservation Authority and Conservation Boards to consult relevant trustees
  • Before approving a conservation management strategy, conservation management plan, or national park management plan in relation to an overlay site, the New Zealand Conservation Authority or a Conservation Board must—

    • (a) consult the relevant trustees; and

    • (b) have particular regard to the views of the relevant trustees as to the effect of the strategy or plan on—

      • (i) the iwi values for the site; and

      • (ii) the protection principles for the site.

252 Conservation management strategy
  • If the relevant trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to an overlay site, the New Zealand Conservation Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.

253 Noting of overlay classification
  • (1) The application of the overlay classification to an overlay site must be noted in any conservation management strategy, conservation management plan, or national park management plan affecting the site.

    (2) The noting of the overlay classification under subsection (1)

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

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

254 Notification in Gazette
  • (1) The Minister of Conservation must notify the following in the Gazette:

    • (a) the application of the overlay classification to each overlay site, as soon as practicable after the settlement date; and

    • (b) the protection principles for each overlay site, as soon as practicable after the settlement date; and

    • (c) any amendment to the protection principles agreed under section 249(3), as soon as practicable after the amendment has been agreed in writing.

    (2) The Director-General may notify in the Gazette any action (including any specified action) taken or intended to be taken under section 255 or 256.

255 Actions by Director-General
  • (1) The Director-General must take action in relation to the protection principles that relate to an overlay site, including the specified actions.

    (2) The Director-General retains complete discretion to determine the method and extent of the action to be taken.

    (3) The Director-General must notify the relevant trustees in writing of any action intended to be taken.

256 Amendment to strategy or plan
  • (1) The Director-General may initiate an amendment to a conservation management strategy, conservation management plan, or national park management plan to incorporate objectives relating to the protection principles that relate to an overlay site.

    (2) The Director-General must consult any relevant Conservation Board before initiating an amendment under subsection (1).

    (3) An amendment initiated under subsection (1) is an amendment for the purposes of section 17I(1) to (3) of the Conservation Act 1987 or section 46(1) to (4) of the National Parks Act 1980, as the case may be.

257 Regulations
  • The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for 1 or more of the following purposes:

    • (a) to provide for the implementation of objectives included in a strategy or plan under section 256(1):

    • (b) to regulate or prohibit activities or conduct by members of the public in relation to an overlay site:

    • (c) to create offences for breaching any regulations made under paragraph (b):

    • (d) to provide for the following fines to be imposed:

      • (i) for an offence referred to in paragraph (c), a fine not exceeding $5,000; and

      • (ii) for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.

258 Bylaws
  • The Minister of Conservation may make bylaws for 1 or more of the following purposes:

    • (a) to provide for the implementation of objectives included in a strategy or plan under section 256(1):

    • (b) to regulate or prohibit activities or conduct by members of the public in relation to an overlay site:

    • (c) to create offences for breaching any bylaws made under paragraph (b):

    • (d) to provide for the following fines to be imposed:

      • (i) for an offence referred to in paragraph (c), a fine not exceeding $1,000; and

      • (ii) for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.

259 Existing classification of overlay sites
  • (1) This section applies if the overlay classification applies to any land in—

    • (a) a national park under the National Parks Act 1980; or

    • (b) a conservation area under the Conservation Act 1987; or

    • (c) a reserve under the Reserves Act 1977.

    (2) The overlay classification does not affect—

    • (a) the purpose of the national park, conservation area, or reserve; or

    • (b) the classification of the land as a national park, conservation area, or reserve.

260 Termination of overlay classification
  • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of an overlay site is no longer subject to the overlay classification.

    (2) The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—

    • (a) the relevant trustees and the Minister of Conservation have agreed in writing that the overlay classification is no longer appropriate for the relevant area; or

    • (b) the relevant area is to be, or has been, disposed of by the Crown; or

    • (c) the responsibility for managing the relevant area is to be, or has been, transferred to another Minister of the Crown or to the Commissioner of Crown Lands.

    (3) Subsection (4) applies if—

    • (a) subsection (2)(c) applies; or

    • (b) there is a change in the statutory management regime that applies to all or part of the overlay site.

    (4) The Crown must take reasonable steps to ensure that the relevant trustees continue to have input into the management of the relevant area.

261 Exercise of powers and performance of functions and duties
  • (1) The overlay classification does not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw.

    (2) A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the iwi values that relate to an overlay site than that person would give if the site were not subject to the overlay classification.

    (3) Subsection (2) does not limit subsection (1).

    (4) This section is subject to the other provisions of this subpart.

262 Rights not affected
  • (1) The overlay classification does not affect the lawful rights or interests of a person who is not a party to a deed of settlement.

    (2) This section is subject to the other provisions of this subpart.

263 Limitation of rights
  • (1) The overlay classification does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, an overlay site.

    (2) This section is subject to the other provisions of this subpart.

Subpart 4Vesting of cultural redress properties

264 Interpretation
  • In Parts 4 to 7, unless the context requires another meaning,—

    cultural redress property means each of the following sites, and each site means the land described by that name in Schedule 7:

    • Sites that vest in fee simple
    • (1) Catherine Cove:

    • (2) Whangarae Bay (Okiwi Bay):

    • (3) Glenhope (Kawatiri):

    • (4) Kawatiri Confluence:

    • (5) Wairau Pā:

    • (6) Rārangi (Ngāti Rārua):

    • (7) Wainui urupā:

    • (8) Tapu Bay (Kaiteriteri):

    • (9) Umukuri Bay urupā (Arapaoa Island):

    • (10) Tapu Bay (Motueka):

    • (11) Pūponga Farm, Cape House:

    • (12) Pūponga Farm, Triangle Flat:

    • (13) Puketawai:

    • Sites that vest in fee simple subject to conservation covenants
    • (14) Lucky Bay:

    • (15) Whangarae Estuary:

    • (16) Wharf Road (Okiwi Bay):

    • (17) Te Tai Tapu (Snake Creek):

    • (18) Coombe Rocks:

    • (19) Hori Bay:

    • (20) Pakawau Inlet:

    • (21) Onauku Bay (Arapaoa Island):

    • (22) Anatoia Islands:

    • (23) Te Tai Tapu (Anatori South):

    • (24) Te Tai Tapu (Anatori North):

    • Sites that vest in fee simple to be administered as reserves
    • (25) Moukirikiri Island:

    • (26) Pah Point (Whanganui Inlet):

    • (27) Waikutakuta / Robin Hood Bay:

    • (28) Tākaka River Mouth:

    • (29) Parapara Peninsula:

    • (30) Momorangi Point:

    • (31) Wedge Point:

    • (32) Ngākuta Point:

    • (33) Ngaruru (Arapaoa Island):

    • (34) Arapawa Māori Rowing Club site:

    • (35) Katoa Point:

    • (36) Moioio Island:

    • (37) Pūponga Point Pā site:

    • (38) Mātangi Āwhio (Nelson):

    • (39) Pukatea / Whites Bay:

    • (40) Horahora-kākahu:

    • (41) Tokomaru / Mount Robertson

    jointly vested site means each of the following sites:

    • (a) Pūponga Farm, Cape House:

    • (b) Pūponga Farm, Triangle Flat:

    • (c) Puketawai:

    • (d) Te Tai Tapu (Anatori South):

    • (e) Te Tai Tapu (Anatori North):

    • (f) Pūponga Point Pā site:

    • (g) Mātangi Āwhio (Nelson):

    • (h) Pukatea / Whites Bay:

    • (i) Horahora-kākahu:

    • (j) Tokomaru / Mount Robertson

    reserve site means each of the 17 sites in paragraphs (25) to (41) of the definition of cultural redress property, except that only the parts of Ngaruru (Arapaoa Island) that are Sections 1 and 3 on SO 428534 are a reserve site.

Sites that vest in fee simple

265 Catherine Cove
  • (1) The reservation of Catherine Cove (being part of D'Urville Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Catherine Cove then vests in the trustees of Te Pātaka a Ngāti Kōata.

266 Whangarae Bay (Okiwi Bay)
  • (1) The reservation of Whangarae Bay (Okiwi Bay) (being part of Okiwi Bay & Moncrieff Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Whangarae Bay (Okiwi Bay) then vests in the trustees of Te Pātaka a Ngāti Kōata.

    (3) The trustees of Te Pātaka a Ngāti Kōata, as occupiers of Whangarae Bay (Okiwi Bay), are then bound by a fencing covenant (as defined in section 2 of the Fencing Act 1978) in favour of the Crown, as occupier of Section 3 SO 430484.

    (4) To avoid doubt, section 5(2) of the Fencing Act 1978 applies to the fencing covenant.

    (5) The Minister of Conservation must provide the trustees of Te Pātaka a Ngāti Kōata with a registrable easement for a right to convey water over the area shown as B on SO 430484 in favour of Whangarae Bay (Okiwi Bay) on the terms and conditions set out in part 5.1 of the documents schedule of the deed of settlement for Ngāti Kōata.

    (6) The easement—

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

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

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

    (7) Subsections (1) to (6) do not take effect until the trustees of Te Pātaka a Ngāti Kōata have provided the Crown with a registrable easement instrument (containing restrictive covenants) for Whangarae Bay (Okiwi Bay) in favour of Section 3 SO 430484 on the terms and conditions set out in part 5.2 of the documents schedule of the deed of settlement for Ngāti Kōata.

    (8) Any improvements in or on Whangarae Bay (Okiwi Bay) do not vest in the trustees of Te Pātaka a Ngāti Kōata, despite the vesting under subsection (2).

267 Glenhope (Kawatiri)
  • (1) The reservation of Glenhope (Kawatiri) (being part of Glenhope Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Glenhope (Kawatiri) then vests in the trustees of the Ngāti Rārua Settlement Trust.

    (3) The Minister of Conservation must provide the trustees of the Ngāti Rārua Settlement Trust with a registrable right of way easement over the area shown as A on SO 427227 in favour of Glenhope (Kawatiri) on the terms and conditions set out in part 5.3 of the documents schedule of the deed of settlement for Ngāti Rārua.

    (4) The easement—

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

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

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

268 Kawatiri Confluence
  • (1) The reservation of Kawatiri Confluence (being part of Glenhope Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Kawatiri Confluence then vests in the trustees of the Ngāti Rārua Settlement Trust.

269 Wairau Pā
  • (1) Wairau Pā ceases to be a marginal strip under Part 4A of the Conservation Act 1987.

    (2) The fee simple estate in Wairau Pā then vests in the trustees of the Ngāti Rārua Settlement Trust.

270 Rārangi (Ngāti Rārua)
  • (1) Rārangi (Ngāti Rārua) ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in Rārangi (Ngāti Rārua) then vests in the trustees of the Ngāti Rārua Settlement Trust.

271 Wainui urupā
  • (1) Any part of Wainui urupā that is a conservation area under the Conservation Act 1987 ceases to be a conservation area.

    (2) The fee simple estate in Wainui urupā then vests in the trustees of the Ngāti Tama ki Te Waipounamu Trust.

272 Tapu Bay (Kaiteriteri)
  • (1) The reservation of Tapu Bay (Kaiteriteri) (being part of Kaiteriteri Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Tapu Bay (Kaiteriteri) then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

273 Umukuri Bay urupā (Arapaoa Island)
  • (1) The reservation of Umukuri Bay urupā (Arapaoa Island) as a sounds foreshore reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Umukuri Bay urupā (Arapaoa Island) then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

274 Tapu Bay (Motueka)
  • (1) The reservation of Tapu Bay (Motueka) (being part of Kaiteriteri Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Tapu Bay (Motueka) then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Subsections (1) and (2) do not take effect until the trustees of the Te Ātiawa o Te Waka-a-Māui Trust have provided the Crown with the following documents:

    • (a) a registrable right of way easement over the area shown as A on SO 463616 in favour of Sections 2 and 3 SO 463616 on the terms and conditions set out in subpart 5.10.1 of the documents schedule of the deed of settlement for Te Ātiawa o Te Waka-a-Māui:

    • (b) a registrable right of way easement over the area shown as B on SO 463616 in favour of Sections 1 and 3 SO 463616 on the terms and conditions set out in subpart 5.10.2 of that documents schedule:

    • (c) a registrable right of way easement on the terms and conditions set out in subpart 5.10.3 of that documents schedule—

      • (i) over the area shown as C on SO 463616 in favour of Sections 1 and 2 SO 463616; and

      • (ii) over the area shown as D on SO 463616 in favour of Section 2 SO 463616.

275 Pūponga Farm, Cape House
  • (1) The reservation of Pūponga Farm, Cape House, (being part of Puponga Farm Park) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Pūponga Farm, Cape House, then vests as undivided third shares in the specified groups of trustees as tenants in common, as follows:

    • (a) a share vests in the trustees of the Ngāti Rārua Settlement Trust; and

    • (b) a share vests in the trustees of the Ngāti Tama ki Te Waipounamu Trust; and

    • (c) a share vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Subsections (1) and (2) do not take effect until the trustees referred to in subsection (2) have provided the Crown with a registrable easement for a right to convey water over the area shown as A on SO 426796 in favour of Section 3 SO 426796 and Part Section 14 SO 10390 on the terms and conditions set out in part 5.2 of the documents schedule of the relevant deed of settlement.

276 Pūponga Farm, Triangle Flat
  • (1) The reservation of Pūponga Farm, Triangle Flat, (being part of Puponga Farm Park) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Pūponga Farm, Triangle Flat, then vests as undivided third shares in the specified groups of trustees as tenants in common, as follows:

    • (a) a share vests in the trustees of the Ngāti Rārua Settlement Trust; and

    • (b) a share vests in the trustees of the Ngāti Tama ki Te Waipounamu Trust; and

    • (c) a share vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

277 Puketawai
  • (1) The stopped road shown as A on SO 12178, Nelson Land District, vests in the Crown as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (2) The reservation of Puketawai (being part of Kaiteriteri Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is then revoked.

    (3) The fee simple estate in Puketawai then vests as undivided third shares in the specified groups of trustees as tenants in common, as follows:

    • (a) a share vests in the trustees of the Ngāti Rārua Settlement Trust; and

    • (b) a share vests in the trustees of the Ngāti Tama ki Te Waipounamu Trust; and

    • (c) a share vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (4) Subsections (5) and (6) apply only if there is a historic monument at Puketawai on the settlement date.

    (5) Subsections (1) to (3) do not take effect until the trustees referred to in subsection (3) have provided the Crown with a registrable pedestrian right of way easement in gross over the area shown as A on SO 426273 on the terms and conditions set out in part 5.1 of the documents schedule of the relevant deed of settlement.

    (6) The historic monument at Puketawai does not vest in any of the trustees, despite the vesting under subsection (3).

Sites that vest in fee simple subject to conservation covenant

278 Lucky Bay
  • (1) The reservation of Lucky Bay (being part of D'Urville Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Lucky Bay then vests in the trustees of Te Pātaka a Ngāti Kōata.

    (3) Subsections (1) and (2) do not take effect until the trustees of Te Pātaka a Ngāti Kōata have provided the Crown with a registrable covenant in relation to the part of Lucky Bay shown as A on SO 436126 on the terms and conditions set out in part 5.3 of the documents schedule of the deed of settlement for Ngāti Kōata.

    (4) The covenant is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

279 Whangarae Estuary
  • (1) The reservation of Whangarae Estuary (being part of Okiwi Bay & Moncrieff Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Whangarae Estuary then vests in the trustees of Te Pātaka a Ngāti Kōata.

    (3) Subsections (1) and (2) do not take effect until the trustees of Te Pātaka a Ngāti Kōata have provided the Crown with a registrable covenant in relation to the part of Whangarae Estuary shown as C on SO 430484 on the terms and conditions set out in part 5.4 of the documents schedule of the deed of settlement for Ngāti Kōata.

    (4) The covenant is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

280 Wharf Road (Okiwi Bay)
  • (1) The reservation of Wharf Road (Okiwi Bay) (being part of Okiwi Bay & Moncrieff Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Wharf Road (Okiwi Bay) then vests in the trustees of Te Pātaka a Ngāti Kōata.

    (3) Subsections (1) and (2) do not take effect until the trustees of Te Pātaka a Ngāti Kōata have provided the Crown with a registrable covenant in relation to Wharf Road (Okiwi Bay) on the terms and conditions set out in part 5.5 of the documents schedule of the deed of settlement for Ngāti Kōata.

    (4) The covenant is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

281 Te Tai Tapu (Snake Creek)
  • (1) Te Tai Tapu (Snake Creek) (being part of North-west Nelson Forest Park) ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in Te Tai Tapu (Snake Creek) then vests in the trustees of the Ngāti Rārua Settlement Trust.

    (3) Subsections (1) and (2) do not take effect until the trustees of the Ngāti Rārua Settlement Trust have provided the Crown with—

    • (a) a registrable right of way easement in gross over the area shown as F on SO 426795 on the terms and conditions set out in part 5.4 of the documents schedule of the deed of settlement for Ngāti Rārua; and

    • (b) a registrable covenant in relation to the parts of Te Tai Tapu (Snake Creek) shown as D, E, and F on SO 426795 on the terms and conditions set out in part 5.5 of the documents schedule of the deed of settlement for Ngāti Rārua.

    (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.

282 Coombe Rocks
  • (1) Coombe Rocks ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in Coombe Rocks then vests in the trustees of the Ngāti Rārua Settlement Trust.

    (3) Subsections (1) and (2) do not take effect until the trustees of the Ngāti Rārua Settlement Trust have provided the Crown with a registrable covenant in relation to Coombe Rocks on the terms and conditions set out in part 5.6 of the documents schedule of the deed of settlement for Ngāti Rārua.

    (4) The covenant is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

283 Hori Bay
  • (1) Hori Bay (being part of Mt Richmond State Forest Park) ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in Hori Bay then vests in the trustees of the Ngāti Tama ki Te Waipounamu Trust.

    (3) Subsections (1) and (2) do not take effect until the trustees of the Ngāti Tama ki Te Waipounamu Trust have provided the Crown with—

    • (a) a registrable right of way easement in gross over the area shown as A on SO 427909 on the terms and conditions set out in part 5.5 of the documents schedule of the deed of settlement for Ngāti Tama ki Te Tau Ihu; and

    • (b) a registrable covenant in relation to Hori Bay on the terms and conditions set out in part 5.6 of the documents schedule of the deed of settlement for Ngāti Tama ki Te Tau Ihu.

    (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.

284 Pakawau Inlet
  • (1) The reservation of Pakawau Inlet as a public utility reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Pakawau Inlet then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Subsections (1) and (2) do not take effect until the trustees of the Te Ātiawa o Te Waka-a-Māui Trust have provided the Crown with a registrable covenant in relation to Pakawau Inlet on the terms and conditions set out in part 5.5 of the documents schedule of the deed of settlement for Te Ātiawa o Te Waka-a-Māui.

    (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.

285 Onauku Bay (Arapaoa Island)
  • (1) The reservation of Onauku Bay (Arapaoa Island) as a watering place and other purposes reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Onauku Bay (Arapaoa Island) then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Subsections (1) and (2) do not take effect until the trustees of the Te Ātiawa o Te Waka-a-Māui Trust have provided the Crown with a registrable covenant in relation to Onauku Bay (Arapaoa Island) on the terms and conditions set out in part 5.6 of the documents schedule of the deed of settlement for Te Ātiawa o Te Waka-a-Māui.

    (4) The covenant is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

286 Anatoia Islands
  • (1) The Anatoia Islands cease to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in the Anatoia Islands then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Subsections (1) and (2) do not take effect until the trustees of the Te Ātiawa o Te Waka-a-Māui Trust have provided the Crown with a registrable covenant in relation to the Anatoia Islands on the terms and conditions set out in part 5.7 of the documents schedule of the deed of settlement for Te Ātiawa o Te Waka-a-Māui.

    (4) The covenant is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

287 Te Tai Tapu (Anatori South)
  • (1) Te Tai Tapu (Anatori South) (being part of North-west Nelson Forest Park) ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in Te Tai Tapu (Anatori South) then vests as undivided half shares in the specified groups of trustees as tenants in common, as follows:

    • (a) a share vests in the trustees of the Ngāti Tama ki Te Waipounamu Trust; and

    • (b) a share vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Subsections (1) and (2) do not take effect until the trustees referred to in subsection (2) have provided the Crown with a registrable covenant in relation to the part of Te Tai Tapu (Anatori South) shown as A on SO 426795 on the terms and conditions set out in part 5.3 of the documents schedule of the relevant deed of settlement.

    (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.

288 Te Tai Tapu (Anatori North)
  • (1) Te Tai Tapu (Anatori North) (being part of North-west Nelson Forest Park) ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in Te Tai Tapu (Anatori North) then vests as undivided half shares in the specified groups of trustees as tenants in common, as follows:

    • (a) a share vests in the trustees of the Ngāti Tama ki Te Waipounamu Trust; and

    • (b) a share vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Subsections (1) and (2) do not take effect until the trustees referred to in subsection (2) have provided the Crown with a registrable covenant in relation to the parts of Te Tai Tapu (Anatori North) shown as B and C on SO 426795 on the terms and conditions set out in part 5.4 of the documents schedule of the relevant deed of settlement.

    (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.

Sites that vest in fee simple to be administered as reserves

289 Moukirikiri Island
  • (1) The reservation of Moukirikiri Island (being Moukirikiri Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Moukirikiri Island then vests in the trustees of Te Pātaka a Ngāti Kōata.

    (3) Moukirikiri Island is then 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 is named Moukirikiri Island Scenic Reserve.

290 Pah Point (Whanganui Inlet)
  • (1) Pah Point (Whanganui Inlet) (being part of North-west Nelson Forest Park) ceases to be a conservation area under the Conservation Act 1987.

    (2) The fee simple estate in Pah Point (Whanganui Inlet) then vests in the trustees of the Ngāti Rārua Settlement Trust.

    (3) Pah Point (Whanganui Inlet) is then 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 is named Pah Point (Whanganui Inlet) Scenic Reserve.

    (5) Any improvements in or on Pah Point (Whanganui Inlet) do not vest in the trustees of the Ngāti Rārua Settlement Trust, despite the vesting under subsection (2).

291 Waikutakuta / Robin Hood Bay
  • (1) The reservation of Waikutakuta / Robin Hood Bay (being part of Robin Hood Bay Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Waikutakuta / Robin Hood Bay then vests in the trustees of the Ngāti Rārua Settlement Trust.

    (3) Waikutakuta / Robin Hood Bay is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (4) The reserve is named Waikutakuta / Robin Hood Bay Recreation Reserve.

292 Tākaka River Mouth
  • (1) Any part of Tākaka River Mouth that is a conservation area under the Conservation Act 1987 ceases to be a conservation area.

    (2) The fee simple estate in Tākaka River Mouth then vests in the trustees of the Ngāti Tama ki Te Waipounamu Trust.

    (3) Tākaka River Mouth is then 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 is named Ngāti Tama ki Te Tau Ihu Scenic Reserve.

293 Parapara Peninsula
  • (1) The reservation of Parapara Peninsula (being Parapara Peninsula Historic Reserve) as a historic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Parapara Peninsula then vests in the trustees of the Ngāti Tama ki Te Waipounamu Trust.

    (3) Parapara Peninsula is then declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

    (4) The reserve is named Parapara Peninsula Historic Reserve.

294 Momorangi Point
  • (1) The reservation of Momorangi Point (being part of Momorangi Bay Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Momorangi Point then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Momorangi Point is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (4) The reserve is named Momorangi Point Recreation Reserve.

    (5) Subsections (1) to (4) do not take effect until the trustees of the Te Ātiawa o Te Waka-a-Māui Trust have provided—

    • (a) the registered proprietors of the land contained in computer freehold registers MB3A/228 and MB3A/104 with a registrable easement for a right to convey water over the area shown as A on SO 429183 in favour of the proprietors' land on the terms and conditions set out in subpart 5.9.1 of the documents schedule of the deed of settlement for Te Ātiawa o Te Waka-a-Māui; and

    • (b) the registered proprietors of the land contained in computer freehold register MB4D/1275 with a registrable easement for a right to convey water over the areas shown as A and B on SO 455828 in favour of the proprietors' land on the terms and conditions set out in subpart 5.9.2 of that documents schedule; and

    • (c) the registered proprietors of the land contained in computer freehold register MB4D/711 with a registrable easement for a right to convey water over the areas shown as A and B on SO 455828 in favour of the proprietors' land on the terms and conditions set out in subpart 5.9.3 of that documents schedule; and

    • (d) the Crown with a registrable easement in gross for a right to convey water over the area shown as B on SO 455828 on the terms and conditions set out in subpart 5.9.4 of that documents schedule.

    (6) Each easement—

    • (a) is enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977; and

    • (b) is to be treated as having been granted in accordance with that Act.

295 Wedge Point
  • (1) The reservation of Wedge Point (being part of Wedge Point Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Wedge Point then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Wedge Point is then 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 is named Te Ātiawa Wedge Point Scenic Reserve.

296 Ngākuta Point
  • (1) The reservation of Ngākuta Point (being Ngakuta Point Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Ngākuta Point then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Ngākuta Point is then 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 is named Ngākuta Point Scenic Reserve.

297 Ngaruru (Arapaoa Island)
  • (1) The reservation of Ngaruru (Arapaoa Island) (being part of Ngaruru Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Ngaruru (Arapaoa Island) then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) The parts of Ngaruru (Arapaoa Island) that are Sections 1 and 3 on SO 428534 are then 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 is named Te Ātiawa Arapaoa Scenic Reserve.

    (5) Subsections (1) to (4) do not take effect until the trustees of the Te Ātiawa o Te Waka-a-Māui Trust have provided the Crown with a registrable covenant in relation to the part of Ngaruru (Arapaoa Island) that is Section 2 SO 428534 on the terms and conditions set out in part 5.8 of the documents schedule of the deed of settlement for Te Ātiawa o Te Waka-a-Māui.

    (6) The covenant is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

298 Arapawa Māori Rowing Club site
  • (1) The road shown as Section 2 on SO 426964 is stopped.

    (2) Section 345(3) of the Local Government Act 1974 does not apply to the stopping of the road.

    (3) The stopped road then vests in the Crown as Crown land subject to the Land Act 1948.

    (4) The reservation of any part of the Arapawa Māori Rowing Club site as a recreation reserve subject to the Reserves Act 1977 is then revoked.

    (5) The land whose reservation is revoked under subsection (4) then vests in the Crown as Crown land subject to the Land Act 1948.

    (6) The fee simple estate in the Arapawa Māori Rowing Club site then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (7) The Arapawa Māori Rowing Club site is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (8) The reserve is named Te Ātiawa Arapaoa Waka Recreation Reserve.

    (9) The building of the Arapawa Māori Rowing Club on the Arapawa Māori Rowing Club site does not vest in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust, despite the vesting under subsection (6).

299 Katoa Point
  • (1) The reservation of Katoa Point (being part of Katoa Point Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Katoa Point then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Katoa Point is then 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 is named Te Ātiawa Kura te Au Scenic Reserve.

300 Moioio Island
  • (1) The reservation of Moioio Island (being Moioio Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Moioio Island then vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) Moioio Island is then 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 is named Moioio Island Scenic Reserve.

301 Pūponga Point Pā site
  • (1) The reservation of the Pūponga Point Pā site (being part of Puponga Farm Park) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in the Pūponga Point Pā site then vests as undivided third shares in the specified groups of trustees as tenants in common, as follows:

    • (a) a share vests in the trustees of the Ngāti Rārua Settlement Trust; and

    • (b) a share vests in the trustees of the Ngāti Tama ki Te Waipounamu Trust; and

    • (c) a share vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) The Pūponga Point Pā site is then declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

    (4) The reserve is named Pūponga Point Pā Historic Reserve.

    (5) The joint management body established by section 314(1) is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve, as if the reserve were vested in the body (as if in trustees) under section 26 of that Act.

    (6) Subsection (5) continues to apply despite any subsequent transfer under section 318.

    (7) Any interpretation panels in or on the Pūponga Point Pā site do not vest in any of the trustees, despite the vesting under subsection (2).

302 Mātangi Āwhio (Nelson)
  • (1) The reservation of Mātangi Āwhio (Nelson) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Mātangi Āwhio (Nelson) then vests as undivided seventh shares in the specified groups of trustees as tenants in common, as follows:

    • (a) under this paragraph,—

      • (i) a share vests in the trustees of Te Pātaka a Ngāti Kōata; and

      • (ii) a share vests in the trustees of the Ngāti Rārua Settlement Trust; and

      • (iii) a share vests in the trustees of the Ngāti Tama ki Te Waipounamu Trust; and

      • (iv) a share vests in the trustees of the Te Ātiawa o Te Waka-a-Māui Trust; and

    • (b) under section 95(2)(a) of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013,—

      • (i) a share vests in the trustees of the Ngāti Apa ki te Rā Tō Trust; and

      • (ii) a share vests in the trustees of the Te Runanga o Ngāti Kuia Trust; and

      • (iii) a share vests in the trustees of the Rangitāne o Wairau Settlement Trust.

    (3) Mātangi Āwhio (Nelson) is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (4) The reserve is named Mātangi Āwhio (Nelson) Recreation Reserve.

    (5) Nelson City Council is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve, as if the reserve were vested in the Council under section 26 of that Act.

    (6) Subsection (5) continues to apply despite any subsequent transfer under section 318.

    (7) Any improvements in or on Mātangi Āwhio (Nelson) do not vest in any of the trustees, despite the vestings referred to in subsection (2).

303 Pukatea / Whites Bay
  • (1) The reservation of Pukatea / Whites Bay (being part of Whites Bay Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Pukatea / Whites Bay then vests as undivided third shares in the specified groups of trustees as tenants in common, as follows:

    • (a) a share vests in the trustees of the Ngāti Rārua Settlement Trust under this paragraph; and

    • (b) a share vests in the trustees of the Rangitāne o Wairau Settlement Trust under section 96(2)(a) of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013; and

    • (c) a share vests in the trustee of the Toa Rangatira Trust under section 492(2)(a) of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013.

    (3) Pukatea / Whites Bay is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

    (4) The reserve is named Pukatea / Whites Bay Recreation Reserve.

    (5) The joint management body established by section 315(1) is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve, as if the reserve were vested in the body (as if in trustees) under section 26 of that Act.

    (6) Subsection (5) continues to apply despite any subsequent transfer under section 318.

304 Horahora-kākahu
  • (1) The reservation of Horahora-kākahu (being Horahora-kakahu Historic Reserve) as a historic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Horahora-kākahu then vests as undivided third shares in the specified groups of trustees as tenants in common, as follows:

    • (a) a share vests in the trustees of the Ngāti Rārua Settlement Trust under this paragraph; and

    • (b) a share vests in the trustees of the Rangitāne o Wairau Settlement Trust under section 97(2)(a) of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013; and

    • (c) a share vests in the trustee of the Toa Rangatira Trust under section 493(2)(a) of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013.

    (3) Horahora-kākahu is then declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

    (4) The reserve is named Horahora-kākahu Historic Reserve.

    (5) The joint management body established by section 315(1) is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve, as if the reserve were vested in the body (as if in trustees) under section 26 of that Act.

    (6) Subsection (5) continues to apply despite any subsequent transfer under section 318.

    (7) The historic monument at Horahora-kākahu does not vest in any of the trustees, despite the vestings referred to in subsection (2).

305 Tokomaru / Mount Robertson
  • (1) The reservation of Tokomaru / Mount Robertson (being part of Robertson Range Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

    (2) The fee simple estate in Tokomaru / Mount Robertson then vests as undivided half shares in the specified groups of trustees as tenants in common, as follows:

    • (a) a share vests in the trustees of the Ngāti Rārua Settlement Trust under this paragraph; and

    • (b) a share vests in the trustee of the Toa Rangatira Trust under section 494(2)(a) of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013.

    (3) Tokomaru / Mount Robertson is then 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 is named Tokomaru / Mount Robertson Scenic Reserve.

    (5) The joint management body established by section 316(1) is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve, as if the reserve were vested in the body (as if in trustees) under section 26 of that Act.

    (6) Subsection (5) continues to apply despite any subsequent transfer under section 318.

    (7) Subsections (1) to (6) do not take effect until the trustees of the Ngāti Rārua Settlement Trust and the trustee of the Toa Rangatira Trust have provided the Crown with a registrable right of way easement in gross over the area shown as A on SO 426595 on the terms and conditions set out in part 5.7 of the documents schedule of the deed of settlement for Ngāti Rārua.

    (8) The easement—

    • (a) is enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977; and

    • (b) is to be treated as having been granted in accordance with that Act.

Subpart 5General provisions relating to vesting of cultural redress properties

General provisions

306 Properties are subject to, or benefit from, interests
  • Each cultural redress property vested in the relevant trustees under subpart 4 is subject to, or benefits from, any interests listed for the property in Schedule 7.

307 Interests in land for reserve sites that are jointly vested sites
  • (1) This section applies to each of the following reserve sites while the site has an administering body that is treated as if the site were vested in it:

    • (a) Pūponga Point Pā site:

    • (b) Mātangi Āwhio (Nelson):

    • (c) Pukatea / Whites Bay:

    • (d) Horahora-kākahu:

    • (e) Tokomaru / Mount Robertson.

    (2) This section applies to all, or only the part, of the site that remains a reserve under the Reserves Act 1977 (the reserve land).

    (3) If the reserve site is affected by an interest listed for the property in Schedule 7 that is an interest in land, the interest applies as if the administering body were the grantor, or the grantee, of the interest in respect of the reserve land.

    (4) Any interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered proprietor of the reserve land.

    (5) However, subsections (3) and (4) do not affect the registration of the easement referred to in section 305(7).

    (6) Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 318.

308 Interests that are not interests in land
  • (1) This section applies if a cultural redress property is subject to an interest listed for the property in Schedule 7 that is not an interest in land and for which there is a grantor, whether or not the interest also applies to land outside the property.

    (2) The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property, except to the extent that subsection (3) applies.

    (3) If all or part of the cultural redress property is reserve land to which section 307 applies, the interest applies as if the administering body of the reserve land were the grantor of the interest in respect of the reserve land.

    (4) The interest applies—

    • (a) until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and

    • (b) with any other necessary modifications; and

    • (c) despite any change in status of the land in the property.

309 Registration of ownership
  • (1) This section applies in relation to the fee simple estate in a cultural redress property vested in any trustees under subpart 4.

    (2) To the extent that a cultural redress property (other than Puketawai or a jointly vested site) is all of the land contained in a computer freehold register, the Registrar-General must, on written application by an authorised person,—

    • (a) register the trustees in whom the property is vested under subpart 4 as the proprietors of the fee simple estate in the land; and

    • (b) record anything in the register, and do anything else, that is necessary to give effect to this Part and to part 5 of the relevant deed of settlement.

    (3) To the extent that subsection (2) does not apply to a cultural redress property (other than a jointly vested site), or in the case of Puketawai, the Registrar-General must, in accordance with a written application by an authorised person,—

    • (a) create 1 or more computer freehold registers for the fee simple estate in the property in the names of the trustees in whom the property is vested under subpart 4; and

    • (b) record on the relevant registers any interests that are registered, notified, or notifiable and that are described in the application.

    (4) For a jointly vested site, the Registrar-General must, in accordance with written applications by an authorised person,—

    • (a) create 1 or more computer freehold registers for each undivided equal share of the fee simple estate in the property in the names of the trustees in whom the share is vested under subpart 4; and

    • (b) record on the relevant registers any interests that are registered, notified, or notifiable and that are described in the applications.

    (5) Subsections (3) and (4) are subject to the completion of any survey necessary to create a 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 Crown and the trustees in whom the property is vested under subpart 4.

    (7) In this section, authorised person means a person authorised by the Director-General.

310 Application of Part 4A of Conservation Act 1987
  • (1) The vesting of the fee simple estate in a cultural redress property in any trustees 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),—

    • (a) the rest of section 24 of the Conservation Act 1987 does not apply to the vesting of a reserve site in any trustees under subpart 4; and

    • (b) the marginal strips reserved by section 24 of the Conservation Act 1987 from the vesting of Catherine Cove under section 265(2) are reduced to a width of 3 metres; and

    • (c) the marginal strip reserved by section 24 of the Conservation Act 1987 from the vesting of Whangarae Bay (Okiwi Bay) under section 266(2) is reduced to a width of 10 metres; and

    • (d) the marginal strip reserved by section 24 of the Conservation Act 1987 from the vesting of Glenhope (Kawatiri) under section 267(2) is reduced to a width of 10 metres; and

    • (e) the marginal strip reserved by section 24 of the Conservation Act 1987 from the vesting of Lucky Bay under section 278(2) is reduced to a width of 10 metres in certain areas as shown on SO 436126; and

    • (f) the marginal strips reserved by section 24 of the Conservation Act 1987 from the vesting of Coombe Rocks under section 282(2) are reduced to a width of 10 metres; and

    • (g) the marginal strips reserved by section 24 of the Conservation Act 1987 from the vesting of the Anatoia Islands under section 286(2) are—

      • (i) reduced to a width of 3 metres in Sections 2, 3, 4, 5, and 6 SO 426664; and

      • (ii) reduced to a width of 5 metres in Section 1 SO 426664.

    (3) If the reservation, under subpart 4, of a reserve site is revoked in relation to all or part of the site, then the vesting of the site in any trustees under subpart 4 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 (as the case may be).

311 Recording application of Part 4A of Conservation Act 1987, sections of this Act, and fencing covenant
  • (1) The Registrar-General must record on any computer freehold register for a reserve site (other than a jointly vested site)—

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

    • (b) that the land is subject to sections 310(3) and 317.

    (2) The Registrar-General must record on any computer freehold register created under section 309 for a reserve site that is a jointly vested site (being Pūponga Point Pā site, Mātangi Āwhio (Nelson), Pukatea / Whites Bay, Horahora-kākahu, and Tokomaru / Mount Robertson)—

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

    • (b) that the land is subject to sections 307(4), 310(3), and 318.

    (3) The Registrar-General must record on any computer freehold register for—

    • (a) Catherine Cove that the land is subject to Part 4A of the Conservation Act 1987, but that the marginal strips are reduced to a width of 3 metres; and

    • (b) Whangarae Bay (Okiwi Bay) that—

      • (i) the land is subject to Part 4A of the Conservation Act 1987, but that the marginal strip is reduced to a width of 10 metres; and

      • (ii) the land is subject to the fencing covenant referred to in section 266(3); and

    • (c) Glenhope (Kawatiri) that the land is subject to Part 4A of the Conservation Act 1987, but that the marginal strip is reduced to a width of 10 metres; and

    • (d) Lucky Bay that the land is subject to Part 4A of the Conservation Act 1987, but that the marginal strip is reduced to a width of 10 metres in certain areas as shown on SO 436126; and

    • (e) Coombe Rocks that the land is subject to Part 4A of the Conservation Act 1987, but that the marginal strips are reduced to a width of 10 metres; and

    • (f) the Anatoia Islands that the land is subject to Part 4A of the Conservation Act 1987, but that the marginal strips are—

      • (i) reduced to a width of 3 metres in Sections 2, 3, 4, 5, and 6 SO 426664; and

      • (ii) reduced to a width of 5 metres in Section 1 SO 426664.

    (4) The Registrar-General must record on any computer freehold register for any other cultural redress property that the land is subject to Part 4A of the Conservation Act 1987.

    (5) A notification made under any of subsections (1) to (4) 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.

    (6) For a reserve site other than a jointly vested site, if the reservation of the 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 any computer freehold register for the site—

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

      • (ii) the notifications that the site is subject to sections 310(3) and 317; or

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

    (7) For a reserve site that is a jointly vested site, if the reservation of the 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 any computer freehold register created under section 309 for the site—

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

      • (ii) the notification that the site is subject to sections 307(4), 310(3), and 318; or

    • (b) part of the site, then the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on any computer freehold register, created under section 309 or derived from a computer freehold register created under section 309, for the part of the site that remains a reserve.

    (8) The Registrar-General must comply with an application received in accordance with subsection (6)(a) or (7)(a).

312 Application of other enactments
  • (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 a deed of settlement in relation to a cultural redress property.

Provisions relating to reserve sites

313 Application of Reserves Act 1977 to reserve sites
  • (1) The trustees in whom a reserve site is vested under subpart 4 are the administering body of the reserve site, except as provided by sections 301(5), 302(5), 303(5), 304(5), and 305(5).

    (2) Sections 48A, 114, and 115 of the Reserves Act 1977 apply to a reserve site, despite sections 48A(6), 114(5), and 115(6) of that Act.

    (3) Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve site (other than Mātangi Āwhio (Nelson)).

    (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 (except subsection (2)) of that Act does not apply to the revocation.

314 Joint management body for Pūponga Point Pā site
  • (1) A joint management body is established for the Pūponga Point Pā site.

    (2) Each of the following 3 groups of trustees may appoint 2 members to the joint management body:

    • (a) the trustees of the Ngāti Rārua Settlement Trust; and

    • (b) the trustees of the Ngāti Tama ki Te Waipounamu Trust; and

    • (c) the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (3) An appointer may appoint a member only by giving a written notice with the following details to the 1 or more other appointers:

    • (a) the member's full name, address, and other contact details; and

    • (b) the date on which the appointment takes effect, which must be no earlier than the date of the notice.

    (4) An appointment ends after 5 years or when the appointer replaces the member by appointing another member (whichever comes first).

    (5) A member may be appointed, reappointed, or discharged at the discretion of the appointer.

    (6) Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a board.

    (7) However, the first meeting of the body must be held no later than 2 months after the settlement date.

315 Joint management body for Pukatea / Whites Bay and Horahora-kākahu
  • (1) A joint management body is established for Pukatea / Whites Bay and Horahora-kākahu.

    (2) Each of the following 3 groups of trustees may appoint 2 members to the joint management body:

    • (a) the trustees of the Ngāti Rārua Settlement Trust; and

    • (b) the trustees of the Rangitāne o Wairau Settlement Trust; and

    • (c) the trustee of the Toa Rangatira Trust.

    (3) An appointer may appoint a member only by giving a written notice with the following details to the 1 or more other appointers:

    • (a) the member's full name, address, and other contact details; and

    • (b) the date on which the appointment takes effect, which must be no earlier than the date of the notice.

    (4) An appointment ends after 5 years or when the appointer replaces the member by appointing another member (whichever comes first).

    (5) A member may be appointed, reappointed, or discharged at the discretion of the appointer.

    (6) Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a board.

    (7) Subsection (6) applies subject to subsections (8) and (9).

    (8) The first meeting of the body must be held no later than 2 months after the settlement date.

    (9) If the 3 groups of trustees referred to in subsection (2) agree to adopt alternative provisions about meetings of the body,—

    • (a) those provisions apply; and

    • (b) section 32 of the Reserves Act 1977 does not apply.

316 Joint management body for Tokomaru / Mount Robertson
  • (1) A joint management body is established for Tokomaru / Mount Robertson.

    (2) Each of the following 2 groups of trustees may appoint 2 members to the joint management body:

    • (a) the trustees of the Ngāti Rārua Settlement Trust; and

    • (b) the trustee of the Toa Rangatira Trust.

    (3) An appointer may appoint a member only by giving a written notice with the following details to the other appointer:

    • (a) the member's full name, address, and other contact details; and

    • (b) the date on which the appointment takes effect, which must be no earlier than the date of the notice.

    (4) An appointment ends after 5 years or when the appointer replaces the member by appointing another member (whichever comes first).

    (5) A member may be appointed, reappointed, or discharged at the discretion of the appointer.

    (6) Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a board.

    (7) Subsection (6) applies subject to subsections (8) and (9).

    (8) The first meeting of the body must be held no later than 2 months after the settlement date.

    (9) If the 2 groups of trustees referred to in subsection (2) agree to adopt alternative provisions about meetings of the body,—

    • (a) those provisions apply; and

    • (b) section 32 of the Reserves Act 1977 does not apply.

317 Subsequent transfer of reserve sites (other than jointly vested sites)
  • (1) This section applies to a reserve site (other than a jointly vested site).

    (2) This section applies to all, or only the part, of the reserve site that remains a reserve under the Reserves Act 1977 after the site has vested in any trustees under subpart 4 (the reserve land).

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

    (4) 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, upon written application, the registered proprietors of the reserve land satisfy the Minister 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 that Act.

    (5) The Registrar-General must, upon receiving the documents specified in subsection (6), register the new owners as the proprietors of the fee simple estate in the reserve land.

    (6) 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 registration of the transfer instrument.

    (7) The new owners, from the time of registration under subsection (5),—

    • (a) are the administering body of the reserve land; and

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

    (8) However, subsections (3) to (7) 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 any new trustee has been appointed to the trust or 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.

318 Subsequent transfer of jointly vested sites
  • (1) This section applies to all, or only the part, of a jointly vested site that remains a reserve under the Reserves Act 1977 after the site has vested in any trustees under subpart 4 of this Part, subpart 4 of Part 2 of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013, or subpart 3 of Part 9 of Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013 (the reserve land).

    (2) The fee simple estate in the reserve land may be transferred only 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 any new trustee has been appointed to the trust or 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.

319 No mortgage of reserve land
  • (1) This section applies to all, or only the part, of a reserve site that remains a reserve under the Reserves Act 1977 after the site has vested in any trustees under subpart 4 (the reserve land).

    (2) The owners of the reserve land must not mortgage, or give a security interest in, all or part of the reserve land.

320 Saving of bylaws, etc, in relation to reserve sites
  • (1) This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation has made or imposed under the Reserves Act 1977 or the Conservation Act 1987 in relation to a reserve site before the site vests in any trustees under subpart 4.

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

321 Names of Crown protected areas and reserve sites
  • (1) Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the settlement date, was all or part of a Crown protected area.

    (2) The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.

    (3) A reserve site is not a Crown protected area, despite anything in the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

    (4) A reserve site must not have a name assigned to it, or have its name changed, under section 16(10) of the Reserves Act 1977 without the written consent of the owners 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 by section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

Subpart 6Delayed vesting of cleared land

322 Interpretation
  • In this subpart,—

    cleared land means an area of land described in a written notice under section 323(3)(a)

    French Pass School and teachers' residence means the land described by that name in Schedule 8

    vesting date, in relation to cleared land, means the land's date of vesting specified in a written notice under section 323(3)(c).

323 French Pass School and teachers' residence
  • (1) This section applies to the 1 or more determinations that the chief executive of LINZ has made, or makes, about whether any area of the French Pass School and teachers' residence is subject to any rights or obligations that are inconsistent with vesting the area in the trustees of Te Pātaka a Ngāti Kōata.

    (2) For each determination, the Secretary for Education must give a written notice to the trustees of Te Pātaka a Ngāti Kōata—

    • (a) specifying any area that is free of such rights and obligations; and

    • (b) specifying any area that is subject to such rights and obligations.

    (3) A notice that specifies any area that is free of such rights and obligations must—

    • (a) specify the legal description of the area (including any interests affecting it) (cleared land); and

    • (b) state that the cleared land is to vest in fee simple in the trustees of Te Pātaka a Ngāti Kōata; and

    • (c) specify the date on which the cleared land is to vest in the trustees (the vesting date), which must be the later of—

      • (i) the settlement date:

      • (ii) the day that is 10 working days after the date on which the notice is given.

    (4) A notice that specifies an area that is subject to such rights and obligations must include the legal description of the area.

    (5) On the vesting date for cleared land, the fee simple estate in the cleared land vests in the trustees of Te Pātaka a Ngāti Kōata, subject to, or together with, any interests affecting the cleared land.

324 Registration of ownership of cleared land
  • (1) The Registrar-General must, on written application by an authorised person, comply with subsections (2) to (5).

    (2) To the extent that cleared land is all of the land contained in a computer freehold register, the Registrar-General must—

    • (a) register the trustees of Te Pātaka a Ngāti Kōata as the proprietors of the fee simple estate in the land; and

    • (b) record anything in the register, and do anything else, that is necessary to give effect to this subpart.

    (3) To the extent that subsection (2) does not apply to cleared land, the Registrar-General must, in accordance with an application by an authorised person,—

    • (a) create 1 or more computer freehold registers for the fee simple estate in the land in the names of the trustees of Te Pātaka a Ngāti Kōata; and

    • (b) record on the relevant registers any interests that are registered, notified, or notifiable and that are described in the application.

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

    (5) A computer freehold register must be created under this section for cleared land as soon as is reasonably practicable after the vesting date for the land, but no later than—

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

    • (b) any later date that may be agreed in writing by the Crown and the trustees of Te Pātaka a Ngāti Kōata.

    (6) In this section, authorised person means a person authorised by the Secretary for Education.

325 Application of other enactments to cleared land
  • (1) The vesting of the fee simple estate in cleared land under this subpart 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) The Registrar-General must record on any computer freehold register for cleared land that the land is subject to Part 4A of the Conservation Act 1987.

    (3) A notification made under subsection (2) is to be treated as having been made in compliance with section 24D(1) of the Conservation Act 1987.

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

    • (a) the vesting of the fee simple estate in cleared land under this subpart; or

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

    (5) The vesting of the fee simple estate in cleared land under this subpart does not—

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

    • (b) affect other rights to subsurface minerals.

Subpart 7Vesting and gifting back of properties

326 Vesting and gifting back of Kaka Point
  • (1) The fee simple estate in Kaka Point (being part of Kaiteriteri Recreation Reserve) vests jointly in—

    • (a) the trustees of the Ngāti Rārua Settlement Trust; and

    • (b) the trustees of the Ngāti Tama ki Te Waipounamu Trust; and

    • (c) the trustees of the Te Ātiawa o Te Waka-a-Māui Trust.

    (2) On the seventh day after the settlement date,—

    • (a) the fee simple estate in Kaka Point vests in the Crown as a gift back to the Crown by the trustees for the people of New Zealand; and

    • (b) Kaka Point is then changed in classification to be a historic reserve subject to section 18 of the Reserves Act 1977 and the historic reserve is named Kaka Point Historic Reserve.

    (3) Despite the vestings,—

    • (a) Kaka Point remains a reserve under the Reserves Act 1977, and that Act continues to apply to the reserve, as if the vestings had not occurred; and

    • (b) the Kaiteriteri Recreation Reserve Board remains the administering body appointed to control and manage the reserve under section 30 of the Reserves Act 1977; and

    • (c) any other enactment or any instrument that applied to Kaka Point immediately before the settlement date continues to apply to it as if the vestings had not occurred; and

    • (d) any interest that affected Kaka Point immediately before the settlement date continues to affect it as if the vestings had not occurred; and

    • (e) the Crown retains all liability for Kaka Point as if the vestings had not occurred.

    (4) The vestings are not affected by Part 4A of the Conservation Act 1987, section 11 and Part 10 of the Resource Management Act 1991, or any other enactment.

    (5) To the extent that the statutory acknowledgement or a deed of recognition applies to Kaka Point, it applies only after Kaka Point vests back in the Crown.

    (6) The Registrar-General must, on written application by an authorised person, record on any computer freehold register that contains all or part of Kaka Point that, under this section, the land in Kaka Point is classified as a historic reserve subject to section 18 of the Reserves Act 1977.

    (7) The written application must be made as soon as is reasonably practicable on or after the seventh day after the settlement date.

    (8) In this section,—

    authorised person means a person authorised by the Director-General

    Kaka Point means the land described by that name in Schedule 8.

327 Vesting and gifting back of Te Tai Tapu
  • (1) The fee simple estate in Te Tai Tapu vests jointly in—

    • (a) the trustees of the Ngāti Rārua Settlement Trust, the trustees of the Ngāti Tama ki Te Waipounamu Trust, and the trustees of the Te Ātiawa o Te Waka-a-Māui Trust under this paragraph; and

    • (b) the trustees of the Ngāti Apa ki te Rā Tō Trust under section 113(1)(a) of Parts 1 to 3 of the Te Tau Ihu Claims Settlement Act 2013.

    (2) On the seventh day after the settlement date, the fee simple estate in Te Tai Tapu vests in the Crown as a gift back to the Crown by the trustees for the people of New Zealand.

    (3) Despite the vestings,—

    • (a) Te Tai Tapu remains part of the North-west Nelson Forest Park under the Conservation Act 1987, and that Act continues to apply to the site, as if the vestings had not occurred; and

    • (b) any other enactment or any instrument that applied to Te Tai Tapu immediately before the settlement date continues to apply to it as if the vestings had not occurred; and

    • (c) any interest that affected Te Tai Tapu immediately before the settlement date continues to affect it as if the vestings had not occurred; and

    • (d) the Crown retains all liability for Te Tai Tapu as if the vestings had not occurred.

    (4) The vestings are not affected by Part 4A of the Conservation Act 1987, section 11 and Part 10 of the Resource Management Act 1991, or any other enactment.

    (5) To the extent that the statutory acknowledgement or a deed of recognition applies to Te Tai Tapu, it applies only after Te Tai Tapu vests back in the Crown.

    (6) In this section, Te Tai Tapu means the land described by that name in Schedule 8.

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

328 Easement over part of D'Urville Island Scenic Reserve
  • (1) The Minister of Conservation must provide the trustees of Te Pātaka a Ngāti Kōata with an unregistered right of way easement in gross in relation to part of D'Urville Island Scenic Reserve.

    (2) The easement must be on the terms and conditions set out in part 5.6 of the documents schedule of the deed of settlement for Ngāti Kōata and granted over the area shown on the plan attached to those terms and conditions.

    (3) The easement—

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

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

    (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 in relation to the easement.

Subpart 9Geographic names

329 Interpretation
  • In this subpart,—

    New Zealand Geographic Board has the meaning given to Board by section 4 of the NZGB Act

    NZGB Act means the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008

    official geographic name has the meaning given by section 4 of the NZGB Act.

330 New names of features
  • (1) A name specified in the first column of the table in the following clauses is assigned to the feature described in the second and third columns of the table:

    • (a) clause 5.63.1 of the deed of settlement for Ngāti Kōata:

    • (b) clause 5.26.1 of the deed of settlement for Ngāti Rārua:

    • (c) clause 5.26.1 of the deed of settlement for Ngāti Tama ki Te Tau Ihu:

    • (d) clause 5.41.1 of the deed of settlement for Te Ātiawa o Te Waka-a-Māui.

    (2) A name specified in the first column of the table in the following clauses for the feature described in the third and fourth columns of the table is altered to the name specified in the second column of the table:

    • (a) clause 5.63.2 of the deed of settlement for Ngāti Kōata:

    • (b) clause 5.26.2 of the deed of settlement for Ngāti Rārua:

    • (c) clause 5.26.2 of the deed of settlement for Ngāti Tama ki Te Tau Ihu:

    • (d) clause 5.41.2 of the deed of settlement for Te Ātiawa o Te Waka-a-Māui.

    (3) Each assignment or alteration is to be treated as if it were an assignment or alteration of the official geographic name by a determination of the New Zealand Geographic Board, under section 19 of the NZGB Act, that takes effect on the settlement date.

331 Publication of new names
  • (1) The New Zealand Geographic Board must, as soon as practicable after the settlement date, give public notice of each assignment or alteration of a name under section 330 in accordance with section 21(2) and (3) of the NZGB Act.

    (2) However, the notices must state that the assignments and alterations took effect on the settlement date.

332 Alteration of new names
  • (1) The New Zealand Geographic Board need not comply with the requirements of sections 16, 17, 18, 19(1), and 20 of the NZGB Act in making a determination to alter the official geographic name of a feature named by this subpart.

    (2) Instead, the Board may make the determination as long as it has the written consent of the following trustees:

    • (a) the trustees of the settlement trusts; and

    • (b) the trustees of the related settlement trusts; and

    • (c) the trustee of the Toa Rangatira Trust.

    (3) To avoid doubt, the Board must give public notice of the determination in accordance with section 21(2) and (3) of the NZGB Act.

Subpart 10Minerals fossicking right

333 Interpretation
  • In this subpart,—

    relevant fossicking area, for a settlement iwi, means an area shown on the deed plan in part 2.4 of the attachments to the deed of settlement for that iwi

    riverbed means the land that the waters of a river or other natural watercourse cover at its fullest flow without flowing over its banks.

334 Authorisation to search for and remove sand, shingle, or other natural material
  • (1) A member of a settlement iwi who has written authorisation from the trustees of that iwi's settlement trust may, by hand,—

    • (a) search for any sand, shingle, or other natural material in any part of a riverbed that is, or is bounded on either side by, conservation land in a relevant fossicking area; and

    • (b) remove the material from that part of the riverbed.

    (2) A person who removes sand, shingle, or other natural material under subsection (1) must,—

    • (a) each day, remove no more than the person can carry by hand in 1 load without assistance; and

    • (b) not use machinery or cutting equipment to remove the material.

335 Access to riverbed to search for and remove sand, shingle, or other natural material
  • A person who is authorised to search for sand, shingle, or other natural material in, and remove the material from, a riverbed under section 334 may access the riverbed over conservation land for that purpose, but only—

    • (a) on foot; or

    • (b) by any means that are available to the public; or

    • (c) by any other means, and subject to any conditions, specified in writing by the Director-General or the Commissioner of Crown Lands.

336 Obligations if accessing riverbed
  • A person who accesses a riverbed under section 334 or 335 must take all reasonable care to do no more than minor damage to vegetation on, and other natural features of, the riverbed and surrounding areas.

337 Relationship with other enactments
  • (1) A person exercising a right under section 334 or 335 must comply with all other lawful requirements (for example, under the Resource Management Act 1991).

    (2) However,—

    • (a) a person may exercise a right under section 334 or 335 despite not having any authorisation required by the conservation legislation; and

    • (b) a person may exercise a right under section 334 despite not having any authorisation required by the Land Act 1948.

    (3) The rights under sections 334 and 335 do not apply in relation to any part of a riverbed that is—

    • (a) an ecological area declared under section 18 of the Conservation Act 1987; or

    • (b) an archaeological site (as defined by section 2 of the Historic Places Act 1993); or

    • (c) land described in Schedule 4 of the Crown Minerals Act 1991.

Subpart 11Statutory advisers

338 Interpretation
  • (1) In this subpart,—

    Moawhitu means the 626.0496 hectares of land, lake, and associated wetlands in Part Rangitoto 5A and Part Rangitoto 5B3, which is part of D'Urville Island Scenic Reserve, as shown on deed plan OTS–202–39

    Takapourewa means Takapourewa Nature Reserve, which is the 150.3314 hectares of land in Sections 1, 2, and 3 SO 15162, as shown on deed plan OTS–202–117

    Whangarae means 321 hectares of land, approximately, as shown on deed plan OTS–202–118, comprising—

    • (a) the part of Okiwi Bay & Moncrieff Scenic Reserve surrounding Whangarae that is Parts Section 23 Block X Whangamoa Survey District, Section 2 SO 429448, Part Subdivision 1C Section 18 Square 91, and Sections 3 and 4 SO 430484; and

    • (b) Whangarae Recreation Reserve, which is Section 1 Block V Whangamoa Survey District

    Whangarae Estuary site means the deferred selection property described as Whangarae Estuary in part 4 of the property redress schedule of the deed of settlement for Ngāti Kōata.

    (2) However, the meaning of Whangarae is subject to any survey of the Whangarae Estuary site (which is part of Whangarae) for the transfer of the site to the trustees of Te Pātaka a Ngāti Kōata in accordance with parts 5 and 6 of the property redress schedule of the deed of settlement for Ngāti Kōata.

339 Statutory advisers may advise Minister of Conservation and Director-General
  • (1) The trustees of Te Pātaka a Ngāti Kōata are appointed as statutory advisers in relation to Takapourewa, Whangarae, and Moawhitu.

    (2) The trustees, as statutory advisers, may provide written advice to the Minister of Conservation or the Director-General about the restoration of native plants and the management of species of native animals at, or proposed to be relocated to, Takapourewa, Whangarae, or Moawhitu.

    (3) The Minister of Conservation or the Director-General must have regard to written advice received from the trustees on a matter referred to in subsection (2) when making a decision on the matter.

    (4) However, if the Whangarae Estuary site transfers to the trustees in accordance with parts 5 and 6 of the property redress schedule of the deed of settlement for Ngāti Kōata, then the trustees cease to be statutory advisers in relation to the land in the site.

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

340 Interpretation
  • In this subpart,—

    coastal marine area has the meaning given by section 2(1) of the Resource Management Act 1991

    kaitiaki plan means the plan lodged with Marlborough District Council under section 342

    Queen Charlotte Sound / Tōtaranui means the area with the general location (but not the precise boundaries) indicated on deed plan OTS–202–134.

341 Statutory kaitiaki may advise Minister of Conservation and Director-General
  • (1) The trustees of the Te Ātiawa o Te Waka-a-Māui Trust are appointed as statutory kaitiaki of the following islands in Queen Charlotte Sound / Tōtaranui:

    • (a) Allports Island (as shown on deed plan OTS–202–131):

    • (b) Amerikiwhaiti Island (as shown on deed plan OTS–202–133):

    • (c) Blumine Island (Oruawairua) (as shown on deed plan OTS–202–132):

    • (d) Mabel Island (as shown on deed plan OTS–202–136):

    • (e) Matapara / Pickersgill Island (as shown on deed plan OTS–202–132).

    (2) The trustees, as statutory kaitiaki of the islands, may provide written advice to the Minister of Conservation or the Director-General about—

    • (a) the restoration of native plants on the islands; and

    • (b) the management of species of native animals on the islands.

    (3) The Minister of Conservation or the Director-General must have regard to written advice received from the trustees on a matter referred to in subsection (2) when making a decision on the matter.

342 Preparation of kaitiaki plan
  • (1) The trustees of the Te Ātiawa o Te Waka-a-Māui Trust may at any time prepare a plan and lodge it with Marlborough District Council.

    (2) The plan must specify—

    • (a) the values of Te Ātiawa o Te Waka-a-Māui in relation to the coastal marine area of Queen Charlotte Sound / Tōtaranui; and

    • (b) the resource management issues of significance to Te Ātiawa o Te Waka-a-Māui in relation to the coastal marine area of Queen Charlotte S