The purpose of Parts 1 to 3 is—

• (a) to record the acknowledgements and apology given by the Crown to Ngāti Rangiteaorere in the deed of settlement; and

• (b) to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Rangiteaorere.

(1) The provisions of Parts 1 to 3 take effect on the settlement date unless stated 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 for—

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

• (b) a power to be exercised under the provision on that date; or

• (c) a duty to be performed under the provision on that date.

Parts 1 to 3 bind the Crown.

(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 of the deed of settlement.

(2) This Part—

• (a) sets out the purpose of Parts 1 to 3; 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) sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngāti Rangiteaorere, as recorded in the deed of settlement; and

• (e) defines terms used in Parts 1 to 3, including key terms such as Ngāti Rangiteaorere 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 of the historical claims 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 deed of settlement.

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

• (a) protocols for conservation, Crown minerals, and taonga tūturu on the terms set out in the documents schedule; and

• (b) a statutory acknowledgement by the Crown of the statements made by Ngāti Rangiteaorere of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement, together with a deed of recognition for 2 of the statutory areas; and

• (c) the vesting in the trustees of the fee simple estate in certain cultural redress properties.

(4) Part 3 provides for commercial redress, namely a right of first refusal in relation to the RFR land.

(5) There are 3 schedules, as follows:

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

• (b) Schedule 2 describes the cultural redress properties:

• (c) Schedule 3 sets out provisions that apply to notices given in relation to RFR land.

(1) Section 8 summarises the historical account from the deed of settlement, setting out the background to the deed of settlement as agreed by the Crown and Ngāti Rangiteaorere.

(2) Sections 9 and 10 record the text of the acknowledgements and apology given by the Crown to Ngāti Rangiteaorere in the deed of settlement.

(3) The acknowledgements and apology are to be read together with the historical account recorded in part 3 of the deed of settlement.

(4) Section 11 summarises the partial settlement that took place between the Crown and Ngāti Rangiteaorere before the deed of settlement.

(1) Ngāti Rangiteaorere is an iwi of the Te Arawa confederation of tribes, based on the eastern shores of Lake Rotorua. They also share interests with other iwi on Mokoia Island and in coastal lands near Maketu. Although Ngāti Rangiteaorere did not sign the Treaty of Waitangi, from the 1840s to the early 1860s, they sought to work with the Crown in the administration of their district. During this time, Māori customary law largely continued to prevail in the Ngāti Rangiteaorere rohe.

(2) Ngāti Rangiteaorere were drawn into the New Zealand wars from the mid-1860s. Those Ngāti Rangiteaorere who supported the Crown during the wars did so at considerable cost to themselves.

(3) Ngāti Rangiteaorere held all their lands under customary tenure when the native laws of the 1860s came into force. However, the Native Land Court was not designed to accommodate the complex and fluid customary land usages of Māori as it assigned permanent ownership to a clearly defined area of land. The Crown hoped that the application of the native land laws would eventually lead Ngāti Rangiteaorere and other Māori to abandon the collective structures of their traditional landholdings. The title determination process also carried significant costs for Ngāti Rangiteaorere and other Māori. Ngāti Rangiteaorere had no alternative but to use the court if they wished to secure legal title to their lands.

(4) In 1882, the Native Land Court investigated the ownership of the Whakapoungakau block and awarded most of it to members of Ngāti Rangiteaorere and a neighbouring iwi. In 1900 the Native Land Court awarded the Crown 348 acres from Whakapoungakau 2 to 7 and 17 in lieu of survey costs. The individualised interests thus acquired by the Crown were spread across the Whakapoungakau subdivisions, but the Crown persuaded Ngāti Rangiteaorere to allow the Crown’s awards to form 1 contiguous parcel of land. The land awarded to the Crown was flat, fertile, and easily accessible by road. The land that remained with Ngāti Rangiteaorere was fragmented, and much of it was steep and inaccessible.

(5) Ngāti Rangiteaorere have always highly valued the Tikitere geothermal field for medicinal, spiritual, and economic purposes. In 1953, the Crown acquired, without the consent of Ngāti Rangiteaorere, the sole right to regulate the use of geothermal energy resources when the Geothermal Energy Act 1953 was enacted. Ngāti Rangiteaorere considers that the Crown had no authority to overrule the mana of Ngāti Rangiteaorere in the Tikitere geothermal field.

(6) In the early 1970s, the Crown proposed a land swap to extend the Lake Okataina Scenic Reserve. This involved the exchange of land in Whakapoungakau which Ngāti Rangiteaorere had significant ancestral connections with for land in which they had no such connections. As a result of this exchange Ngāti Rangiteaorere were alienated from Whakapoungakau maunga, one of their most sacred sites.

(1) The Crown acknowledges that it has failed to address until now the long-standing, deeply-felt grievances of Ngāti Rangiteaorere. For Ngāti Rangiteaorere the road to settlement has been a long and challenging one. The Crown hereby recognises the legitimacy of their grievances and makes the following acknowledgements.

(2) The Crown acknowledges that, in the 1860s, Ngāti Rangiteaorere were drawn into wars that were not of their making. Those Ngāti Rangiteaorere who supported the Crown during the wars did so at considerable cost to themselves.

(3) The Crown acknowledges that—

• (a) it introduced the native land laws without consulting with Ngāti Rangiteaorere and the individualisation of title provided for by the native land laws was inconsistent with tikanga Ngāti Rangiteaorere; and

• (b) some key Crown goals in introducing the native land laws were to make the lands of Ngāti Rangiteaorere and other iwi available for European settlement, and eventually to detribalise Māori, including Ngāti Rangiteaorere, and assimilate them to European culture; and

• (c) Ngāti Rangiteaorere were required to engage with the Native Land Court if they wanted to participate in the modern economy and the court’s processes had a disruptive effect on Ngāti Rangiteaorere and carried significant costs for them which contributed to the alienation of land; and

• (d) the individualised titles awarded by the court made the lands of Ngāti Rangiteaorere, including Whakapoungakau, more susceptible to partition, fragmentation, and alienation and this contributed to the erosion of the traditional social structures, mana, and rangatiratanga of Ngāti Rangiteaorere. The Crown acknowledges it failed to take adequate steps to protect these structures, and this was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

(4) The Crown acknowledges that—

• (a) Ngāti Rangiteaorere sought to retain tribal authority over their lands but the Crown failed to provide an effective form of corporate title until 1894; and

• (b) by 1894 the great bulk of Ngāti Rangiteaorere lands, including Whakapoungakau, had passed through the Native Land Court and were held under individualised title; and

• (c) the Crown’s failure to provide an effective means in the native land legislation for the collective administration of Ngāti Rangiteaorere lands before 1894 was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

(5) The Crown acknowledges that—

• (a) it acquired from Ngāti Rangiteaorere much of the most valuable land in the Whakapoungakau block in lieu of survey costs; and

• (b) the land remaining with Ngāti Rangiteaorere was fragmented, and much of it was therefore inaccessible.

(6) The Crown acknowledges that Ngāti Rangiteaorere consider—

• (a) the Tikitere geothermal resource to be a taonga; and

• (b) that the Geothermal Energy Act 1953 failed to recognise their mana over this taonga.

(7) The Crown acknowledges the distress caused to Ngāti Rangiteaorere by the extension of the Lake Okataina Scenic Reserve in the early 1970s. This involved the exchange of land in which many Ngāti Rangiteaorere had significant ancestral connections for land in which they had no such connections. The Crown acknowledges that as a result of this exchange Ngāti Rangiteaorere were alienated from Whakapoungakau maunga, one of their most sacred sites.

(1) To the iwi of Ngāti Rangiteaorere, to the tūpuna and the descendants, the Crown now makes this apology.

(2) The Crown recognises that while Ngāti Rangiteaorere has consistently honoured their responsibilities under the Treaty of Waitangi, the Crown has not lived up to its Treaty obligations to Ngāti Rangiteaorere. For this, the Crown is deeply sorry.

(3) The Crown accepts that Ngāti Rangiteaorere wished to retain long-established tribal authority over their lands and resources, but, from the 1860s, the Crown introduced native land laws which worked directly against this objective and undermined the mana and the rangatiratanga of Ngāti Rangiteaorere. For this, the Crown unreservedly apologises to Ngāti Rangiteaorere.

(4) Through the native land laws, the actions of Crown purchase agents, and the extension of the Lake Okataina Scenic Reserve, the Crown facilitated the estrangement of Ngāti Rangiteaorere from some of the most cherished parts of their rohe, including their sacred maunga, Whakapoungakau. The Crown profoundly regrets the loss and the trauma Ngāti Rangiteaorere thereby experienced.

(5) The Crown now seeks to forge a new relationship with the people of Ngāti Rangiteaorere. The Crown sincerely hopes that this relationship will be based on mutual trust and co-operation, and grounded in respect for the Treaty of Waitangi and its principles.

(1) On 21 October 1993, representatives of Ngāti Rangiteaorere and the Crown entered into a final agreement (the Agreement) between the Minister of Justice on behalf of the Crown and the Trustees of Ngāti Rangiteaorere for and on behalf of the people of Ngāti Rangiteaorere in relation to Claim Wai 32.

(2) The Agreement noted how the transfer of the Te Ngae Mission Farm and an adjoining 59.5 acres had been achieved. The Anglican Church and Ngāti Rangiteaorere signed an agreement in December 1991 under which the trustees appointed by the Church for the Te Ngae Mission Farm Trust resigned and were replaced by trustees appointed by Ngāti Rangiteaorere. The Agreement also noted that the Church gave the Te Ngae Mission Farm Trust the title and ownership of an additional 59.5-acre block of land adjoining the Te Ngae Mission Farm.

(3) The Crown also made an ex gratia payment of $760,000 under clause 7 of the Agreement.

(4) In conjunction with the Agreement, the Crown introduced and Parliament enacted section 13 of the Reserves and Other Lands Disposal Act 1993, which authorised the registered proprietor of the Te Ngae Mission Farm and associated land to transfer all or part of that land to the eponymous ancestor of Ngāti Rangiteaorere. The transfers occurred in 1994. The land has since been vested in the trustees of the Te Ngae Farm Trust.

(5) Recent decisions of the Māori Land Court [62 Waiariki MB 92] and the Māori Appellate Court [2013 MAC MB 127] confirmed the assets of the Te Ngae Farm Trust are held on trust for the hapū Ngāti Rangiteaorere.

(6) Between 26 April and 27 May 2013, members of Ngāti Rangiteaorere voted on a resolution that the proceeds of the Agreement and the redress provided under the deed of settlement be managed by the trustees of the Ngāti Rangiteaorere Koromatua Council. Sixty-five percent of valid votes cast were in favour of the resolution. The trustees of the Ngāti Rangiteaorere Koromatua Council have advised the Crown they will consider options to consolidate or otherwise align the management of the proceeds of the Agreement and the redress provided under the deed of settlement.

(7) The Agreement was a partial settlement of Ngāti Rangiteaorere’s historical claims. The Crown and Ngāti Rangiteaorere agree that the redress from the Agreement and the redress provided under the deed of settlement and Parts 1 to 3 comprise the comprehensive settlement of Ngāti Rangiteaorere’s historical claims.

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 deed of settlement.

In Parts 1 to 3, unless the context otherwise requires,—

(1) In Parts 1 to 3, Ngāti Rangiteaorere—

• (a) means the collective group composed of individuals who are descended from an ancestor of Ngāti Rangiteaorere; 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 and section 15,—

(1) In Parts 1 to 3, historical claims—

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

• (b) includes the claims described in subsection (3); but

• (c) does not include the claims described in subsection (4).

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

• (a) 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 a 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 Rangiteaorere or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:

  • (i) Wai 32:

  • (ii) Wai 564:

  • (iii) Wai 936:

  • (iv) Wai 1374; 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 Rangiteaorere or a representative entity:

  • (i) Wai 1200:

  • (ii) Wai 1452:

  • (iii) Wai 153:

  • (iv) Wai 319.

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

• (a) a claim that a member of Ngāti Rangiteaorere, or a whānau, hapū, or group referred to in section 14(1)(c), had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not an ancestor of Ngāti Rangiteaorere; or

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

(5) 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.

(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 deed of settlement.

(4) Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of—

• (a) the historical claims; or

• (b) the deed of settlement; or

• (c) Parts 1 to 3; or

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

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

(2) In Schedule 3, insert in its appropriate alphabetical order “Ngāti Rangiteaorere Claims Settlement Act 2013, section 16(4) and (5)”.

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

• (a) to a cultural redress property; or

• (b) to the RFR land; or

• (c) for the benefit of Ngāti Rangiteaorere or a representative entity.

(2) The enactments are—

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

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

• (c) Part 3 of the New Zealand Railways Corporation Restructuring Act 1990:

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

• (e) sections 8A to 8HJ of the Treaty of Waitangi Act 1975.

(1) The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the certificate of title or computer register for, each allotment that—

• (a) is all or part of—

  • (i) a cultural redress property; or

  • (ii) the RFR land; and

• (b) is subject to a resumptive memorial recorded under any enactment listed in section 18(2).

(2) The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after the settlement date for a cultural redress property or the RFR land.

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

(4) As soon as is reasonably practicable after receiving a certificate, the Registrar-General must—

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

• (b) cancel each memorial recorded under an enactment listed in section 18(2) on a certificate of title or computer register identified in the certificate, but only in respect of each allotment described in the certificate.

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

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

  • (i) the Ngāti Rangiteaorere Koromatua Council may exist in law; or

  • (ii) the trustees may hold or deal with property or income derived from property; and

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

(2) However, if the Ngāti Rangiteaorere Koromatua Council 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.

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

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

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

(1) The provision of the specified cultural redress does not prevent the Crown from doing anything that is not inconsistent with that cultural redress, including—

• (a) providing the same or similar redress to a person other than the trustees; or

• (b) disposing of land.

(2) However, subsection (1) is not an acknowledgement by the Crown or the trustees that any other iwi or group has interests in relation to land or an area to which any of the specified cultural redress relates.

(3) In this section, specified cultural redress means each of the following, as provided for in Parts 1 to 3:

• (a) the protocols:

• (b) the statutory acknowledgement:

• (c) the deed of recognition.

In this Part and Schedule 3,—

(1) In this subpart, RFR land means—

• (a) the land described in part 3 of the attachments if, on the settlement date, the land is—

  • (i) vested in the Crown; or

  • (ii) held in fee simple by the Crown or the New Zealand Transport Agency; and

• (b) any land obtained in exchange for a disposal of RFR land under section 76(1)(c) or 77.

(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 or their nominee (for example, under a contract formed under section 69); or

  • (ii) any other person (including the Crown or a Crown body) under section 64(c); 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—

  • (i) under any of sections 73 to 79 (which relate to permitted disposals of RFR land); or

  • (ii) under any matter referred to in section 80(1) (which specifies matters that may override the obligations of an RFR landowner under this subpart); or

• (c) the RFR period for the land ends; or

• (d) the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 88.

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

• (a) under any of sections 70 to 79; or

• (b) under any matter referred to in section 80(1); or

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

  • (i) made in accordance with section 65; and

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

  • (iii) not withdrawn under section 67; and

  • (iv) not accepted under section 68; or

• (d) in accordance with a waiver or variation given under section 88.

(1) An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees.

(2) The notice must include—

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

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

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

(1) The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees receive notice of the offer.

(2) However, the expiry date of an offer may be on or after the date that is 10 working days after the date 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 not more than 6 months before the expiry date of the later offer; and

• (c) the earlier offer was not withdrawn.

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

(1) The trustees 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 the trustees to accept less.

(1) If the trustees accept an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and the trustees on the terms in the offer.

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

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

(4) The trustees may nominate a nominee only if—

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

• (b) notice is given to the RFR landowner on or before the day that is 10 working days before the date on which the transfer is to settle.

(5) The notice must specify—

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

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

(6) If the trustees nominate a nominee, the trustees remain liable for the obligations of the transferee under the contract.

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

• (a) the Crown; or

• (b) a Crown body.

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

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

(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.

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

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

• (a) a legal or 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.

The Crown may dispose of RFR land in accordance with—

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

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

• (c) section 34, 43, or 44 of the Marine and Coastal Area (Takutai Moana) Act 2011; or

• (d) an Act that—

  • (i) excludes the land from a national park within the meaning of the National Parks Act 1980; and

  • (ii) authorises that land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987, the National Parks Act 1980, or the Reserves Act 1977.

(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.

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

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

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

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

The Crown may dispose of RFR land—

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

  • (i) before the settlement date; or

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

• (b) under section 93(4) of the Land Act 1948.

(1) An RFR landowner’s obligations under this Part in relation to RFR land are subject to—

• (a) any other enactment or rule of law except that, in the case of 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, that—

  • (i) prevents or limits an RFR landowner’s disposal of RFR land to the trustees; and

  • (ii) 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), does not include steps to promote the passing of an enactment.

(1) 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.

(2) 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.

(3) The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.

(4) The notice must include the legal description of the land and the reference for the computer register.

(1) An RFR landowner must give the trustees notice of the disposal of RFR land by the landowner to a person other than the trustees or their nominee.

(2) The notice must be given on or before the date that is 20 working days before the date of the disposal.

(3) The notice must include—

• (a) the legal description of the land, including any interests affecting it; and

• (b) the reference for any computer register for the land; and

• (c) the name of the person to whom the land is being disposed of; and

• (d) an explanation of how the disposal complies with section 64; and

• (e) if the disposal is to be made under section 64(c), a copy of any written contract for the disposal.

(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 or their nominee (for example, under a contract formed under section 69); or

  • (ii) any other person (including the Crown or a Crown body) under section 64(c); 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—

  • (i) under any of sections 73 to 79; or

  • (ii) under any matter referred to in section 80(1); or

• (c) the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 88.

(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 include—

• (a) the legal description of the land; and

• (b) the reference for the computer register for the land; and

• (c) the details of the transfer or vesting of the land.

Schedule 3 applies to notices given under this Part by or to—

• (a) an RFR landowner; or

• (b) the trustees.

(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 for,—

• (a) the RFR land for which there is a computer register on the settlement date; and

• (b) the RFR land for which a computer register is first created after the settlement date; and

• (c) land, for which there is a computer register, that becomes RFR land after the settlement date.

(2) The chief executive must issue a certificate as soon as is reasonably practicable—

• (a) after the settlement date, for RFR land for which there is a computer register on the settlement date; or

• (b) after receiving a notice under section 81 that a computer register has been created for the RFR land or that other land has become RFR 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 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 for the RFR land identified in the certificate that the land is—

• (a) RFR land, as defined in section 63; and

• (b) subject to this Part (which restricts disposal, including leasing, of the land).

(1) The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 83, issue to the Registrar-General a certificate that includes—

• (a) the legal description of the land; and

• (b) the reference for the computer register for the land; and

• (c) the details of the transfer or vesting of the land; and

• (d) a statement that the certificate is issued under this section.

(2) The chief executive must provide a copy of each certificate to the trustees 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 remove any notification recorded under section 85 from the computer register identified in the certificate immediately before registering the transfer or vesting described in the certificate.

(1) The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of the RFR land, issue to the Registrar-General a certificate that includes—

• (a) the reference for each computer register for that RFR land that still has a notification recorded under section 85; and

• (b) a statement that the certificate is issued under this section.

(2) The chief executive must provide a copy of each certificate to the trustees 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 any notification recorded under section 85 from any computer register identified in the certificate.

(1) The trustees may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this Part.

(2) The trustees 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 Part.

(3) A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.

This Part does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.

(1) Subsection (3) applies if the RFR holder—

• (a) assigns the RFR holder's rights and obligations under this Part to 1 or more persons in accordance with the RFR holder's constitutional document; and

• (b) has given the notices required by subsection (2).

(2) The RFR holder must give notices to each RFR landowner—

• (a) stating that the RFR holder's rights and obligations under this Part 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 Part and Schedule 3 apply to the assignees (instead of to the RFR holder) as if the assignees were the trustees, with any necessary modifications.

(4) In this section,—