Bill note
1 Title
2 Commencement
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Part 8
Preliminary matters and settlement of historical claims
Subpart 1—Purpose 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 2—Interpretation
427 Interpretation of Act generally
428 Interpretation
429 Interpretation: iwi and trusts
430 Meaning of Ngati Toa Rangatira
431 Meaning of historical claims
Subpart 3—Settlement 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 4—Other 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 1—Statutory 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 2—Nga 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 3—Vesting 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 4—General 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
Names of Crown protected areas and reserve sites
514 Names of Crown protected areas and reserve sites
Repeal
515 Consequential repeal of certain sections of Wellington City Empowering and Amendment Act 1927
Subpart 5—Geographic names
516 Interpretation
517 New names of features
518 Publication of new names
519 Alteration of new names
Subpart 6—Delayed 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 7—Kapiti 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 8—Poutiaki plan
561 Interpretation
562 Preparation of poutiaki plan
563 Effect on relevant councils
564 Limitation of rights
Subpart 9—Whitireia 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 10—Queen 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 11—River 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 1—Transfer 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 2—Licensed 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 3—Right 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 4—Right 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
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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
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Legislative history