The purpose of Parts 8 to 10 is to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngati Toa Rangatira.

(1) The provisions of Parts 8 to 10 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.

Parts 8 to 10 bind the Crown.

(1) This section is a guide to the overall scheme and effect of Parts 8 to 10, but does not affect the interpretation or application of the other provisions of Parts 8 to 10 or the deed of settlement.

(2) This Part—

• (a) sets out the purpose of Parts 8 to 10; and

• (b) provides that the provisions of Parts 8 to 10 take effect on the settlement date unless a provision states otherwise; and

• (c) specifies that Parts 8 to 10 bind the Crown; and

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

• (e) defines terms used in Parts 8 to 10, including key terms such as Ngati Toa Rangatira 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 deed of settlement.

(3) Part 9 provides for cultural redress, including—

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

• (b) provision for deeds of recognition issued by the Crown to the trustee of the Toa Rangatira Trust; and

• (c) the application of a nga paihau to certain nga paihau sites by the Crown's acknowledgement of the values of Ngati Toa Rangatira in relation to the relevant sites; and

• (d) the vesting of 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; and

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

• (f) the delayed vesting of the balance of Mana Island in the trustee of the Toa Rangatira Trust, and the vesting of the site back to the Crown as a gift from the trustee; and

• (g) the vesting of 3 sites on Kapiti Island in the trustee of the Toa Rangatira Trust on various terms (one of which involves a vesting back to the Crown), and the establishment of a strategic advisory committee to perform functions in relation to parts of Kapiti Island; and

• (h) provision for the trustee of the Toa Rangatira Trust to prepare and lodge a poutiaki plan with certain councils; and

• (i) the establishment of a joint board to administer Whitireia Recreation Reserve and 2 additional reserves; and

• (j) the appointment of the trustee of the Toa Rangatira Trust as the administering body of a Queen Elizabeth Park campground site; and

• (k) 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 Toa Rangatira Trust and the related settlement trusts.

(4) Part 10 provides for commercial redress, including—

• (a) authorisation for the transfer of commercial redress properties (including the licensed properties), commercial properties, and deferred selection properties to the trustee of the Toa Rangatira Trust to give effect to the deed of settlement; and

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

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

(5) There are 5 schedules, as follows:

• (a) Schedule 10 describes the statutory areas to which the statutory acknowledgement relates and, in some cases, for which deeds of recognition are issued:

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

• (c) Schedule 12 describes the cultural redress properties:

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

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

(1) Section 424 summarises the historical account from the deed of settlement, which provides a background to the deed of settlement.

(2) Sections 425 and 426 record the acknowledgements and the apology given by the Crown to Ngati Toa Rangatira in the deed of settlement.

The historical account set out in the deed of settlement is summarised as follows:

(1) By 1840 Ngati Toa Rangatira had established a powerful position in the Cook Strait region with settlements in the lower North Island and upper South Island (Te Tau Ihu). Several Ngati Toa Rangatira chiefs, including Te Rauparaha and Te Rangihaeata, signed the Treaty of Waitangi.

(2) In 1839, Ngati Toa Rangatira signed the Kapiti deed with the New Zealand Company for approximately 20 million acres between Taranaki and north Canterbury. The oral translation of the English deed did not accurately convey its meaning and effect.

(3) Ngati Toa Rangatira opposed Company surveys in the Wairau. In 1843, an attempt by an armed party of Nelson settlers to arrest Te Rauparaha and Te Rangihaeata resulted in a violent clash and the deaths of twenty-two Europeans and up to nine Maori.

(4) A Crown-appointed commissioner investigated the Company’s land claims covering Port Nicholson and Te Tau Ihu. In Port Nicholson the Crown established a process by which the Company could validate its purchases by paying additional money to Maori in return for the signing of deeds of release. In 1844 Te Rauparaha accepted £400 for the “surrender” of Ngati Toa Rangatira interests in Harataunga (the Hutt Valley). Te Rangihaeata only accepted a share of the money in 1845 but did not regard this payment as extinguishing the rights of allies from other iwi. The Crown treated the payment, which did not define the boundaries of Harataunga or provide any reserves, as extinguishing Ngati Toa Rangatira interests across the Port Nicholson block.

(5) In 1845 the commissioner recommended that the Company receive a grant of 151 000 acres in Te Tau Ihu. The Wairau was not included in his recommendation. The Crown later established reserves, some of which became known as “tenths” reserves, within the land granted to the Company at Port Nicholson and Nelson. Ngati Toa Rangatira did not receive a share in the “tenths” reserves despite their interests in Port Nicholson and Nelson settlement area.

(6) During 1845, Te Rangihaeata and his section of Ngati Toa Rangatira supported the claims of their allies living on disputed land north of Rotokakahi in the Hutt Valley. These tensions led to several violent incidents between Maori, settlers, and Crown troops. The Crown subsequently took political and military action against Te Rauparaha and Te Rangihaeata in order to establish its authority and reduce the power and influence of the senior Ngati Toa Rangatira chiefs. In July 1846 the Crown seized Te Rauparaha and several other Ngati Toa Rangatira chiefs at Porirua. The Crown detained Te Rauparaha without trial for 18 months. Crown forces pursued Te Rangihaeata who withdrew into Horowhenua.

(7) In 1847, whilst Te Rauparaha was in captivity and Te Rangihaeata in exile, the Crown purchased the Wairau and Porirua districts from several younger Ngati Toa Rangatira chiefs who hoped to secure Te Rauparaha’s release. Reserves of over 100 000 acres were set aside in the Wairau and over 10 000 acres in Porirua.

(8) Between 1853 and 1865 the Crown’s Te Waipounamu, Whareroa, Wainui, Papakowhai, and Mana Island purchases further reduced the lands remaining in Ngati Toa Rangatira ownership. The Waipounamu deed repurchased nearly all of the large Wairau reserve. Between 1897 and 1911 the Crown, after prohibiting the sale or leasing of Kapiti Island to private interests, bought the majority of Kapiti Island from Ngati Toa Rangatira.

(9) By 1926 most of the Ngati Toa Rangatira reserves at Porirua had been alienated. Ngati Toa Rangatira gifted 500 acres at Whitireia to the Crown for the establishment of a school. When no school was established Ngati Toa Rangatira sought unsuccessfully to have the land returned. In 1948 and 1960 the Crown took several hundred acres of Ngati Toa Rangatira land at Takapuwahia under public works legislation for general housing purposes. Over time, the application of the native land laws led to most of the Porirua reserves being partitioned into smaller subsections. Today Ngati Toa Rangatira are virtually landless.

(10) Porirua harbour, an important food resource for Ngati Toa Rangatira, was adversely affected by pollution and sewage generated by urban development. This has had a severe impact on the ability of Ngati Toa Rangatira to use and protect traditional resources.

The text of the acknowledgements set out in the deed of settlement is as follows:

(1) The Crown acknowledges that it has failed to deal with the long-standing grievances of Ngati Toa Rangatira in an appropriate way and that recognition of these grievances is long overdue.

(2) The Crown acknowledges that it failed to adequately protect the interests of Ngati Toa Rangatira during the process by which it acquired their interests in the Port Nicholson Block, and this was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

(3) The Crown acknowledges that the conflict between Ngati Toa Rangatira and European settlers at Tuamarina Stream in June 1843 had a detrimental effect on the relationship between Ngati Toa Rangatira and the Crown and was part of the context of the Crown's Wairau purchase from Ngati Toa Rangatira in 1847.

(4) The Crown acknowledges that—

• (a) Te Rauparaha took no direct part in the fighting between Maori and Crown troops in the Hutt Valley prior to his capture by the Crown in July 1846; and

• (b) its detention of Te Rauparaha for 18 months without trial in 1846–48 assumed the character of indefinite detention without trial and was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

(5) The Crown acknowledges that in 1846 and 1847 it undermined the power and influence of the key Ngati Toa Rangatira leaders, Te Rauparaha and Te Rangihaeata, by seizing and detaining Te Rauparaha, and pressuring other Ngati Toa Rangatira leaders to agree to the Wairau and Porirua deeds in the absence of Te Rauparaha and Te Rangihaeata. The Crown acknowledges that this was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

(6) The Crown acknowledges that it failed to adequately protect the interests of Ngati Toa Rangatira and breached Te Tiriti o Waitangi/the Treaty of Waitangi and its principles when—

• (a) it failed to ensure sufficient, suitable reserve lands were maintained for the future use and benefit of Ngati Toa Rangatira when the Crown purchased a large amount of land from Ngati Toa Rangatira between 1844 and 1865; and

• (b) it did not establish timely processes to ensure that Ngati Toa Rangatira obtained an interest in those reserves in the Wellington and Nelson areas that later became known as “tenths” reserves.

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

(8) The Crown acknowledges that—

• (a) the Taupo block was originally reserved for Ngati Toa Rangatira from the Crown’s Porirua purchase in 1847:

• (b) despite the Native Land Court ordering in 1881 that a Ngati Toa Rangatira urupa on the Taupo No. 2 block be made “absolutely inalienable” the Crown allowed the urupa to be reduced to one acre in 1896:

• (c) in the 1920s it was reduced to approximately one-tenth of an acre to make the block available for leasing and development:

• (d) these actions led to koiwi being reinterred in common graves.

(9) The Crown acknowledges that in 1848 Ngati Toa Rangatira gifted 500 acres of land at Whitireia to the Crown to establish a college. The Crown further acknowledges that Ngati Toa Rangatira sought to regain the land when a college was not constructed, but were unsuccessful in doing so, and that this has remained a significant grievance for Ngati Toa Rangatira to today. The Crown continues to own this land.

(10) The Crown acknowledges that—

• (a) at 1895 Kapiti Island was one of the last remaining areas of Ngati Toa Rangatira land:

• (b) Ngati Toa Rangatira strongly objected to legislation promoted by the Crown to acquire Kapiti Island for a nature reserve:

• (c) the Kapiti Island Public Reserve Act 1897 gave the Crown a monopoly over purchasing land on Kapiti Island:

• (d) between 1897 and 1911 the Crown purchased the individual interests of the majority of the Ngati Toa Rangatira owners of Kapiti Island.

The Crown acknowledges that the loss of ownership of Kapiti Island has remained a source of grievance and sorrow for Ngati Toa Rangatira.

(11) The Crown acknowledges that during the twentieth century it significantly reduced the lands remaining in Ngati Toa Rangatira ownership for their present and future needs by compulsorily acquiring several hundred acres of land at and around their core settlement at Takapuwahia for housing and public works purposes. The Crown further acknowledges that this land has contributed to the development of the wider Porirua region.

(12) The Crown acknowledges that the cumulative effect of successive Crown purchases of Ngati Toa Rangatira land and the Crown’s failure to provide sufficient reserves left Ngati Toa Rangatira virtually landless. The Crown’s failure to ensure that Ngati Toa Rangatira retained sufficient land for their present and future needs was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

(13) The Crown acknowledges that pollution, reclamation, and public works have had a damaging impact on the shellfish and other kai moana resources in the Porirua Harbour, and that the loss of this formerly abundant resource has adversely affected the cultural and spiritual well-being of Ngati Toa Rangatira.

The text of the apology set out in the deed of settlement is as follows:

(1) The Crown recognises that a number of Ngati Toa Rangatira, including Te Rauparaha and Te Rangihaeata, signed Te Tiriti o Waitangi/the Treaty of Waitangi in 1840. The Crown profoundly regrets that it has not always lived up to its obligations to Ngati Toa Rangatira under Te Tiriti o Waitangi/the Treaty of Waitangi. Accordingly, the Crown makes this apology to Ngati Toa Rangatira, to their ancestors, and to their descendants.

(2) The Crown unreservedly apologises for the breaches of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles which have hurt and caused prejudice to Ngati Toa Rangatira. The Crown is deeply sorry for its actions that intentionally undermined the mana and rangatiratanga of leading Ngati Toa Rangatira chiefs. In particular the Crown apologises for its indefinite detention of Te Rauparaha, and deeply regrets that it has failed, until now, to acknowledge this injustice in an appropriate manner.

(3) The Crown profoundly regrets and apologises for its actions that left Ngati Toa Rangatira with few landholdings by 1865, and its ongoing failure to protect their remaining landholdings, which has left Ngati Toa Rangatira virtually landless and unable to access customary resources and significant sites.

(4) The Crown deeply regrets the cumulative effect of its actions and omissions which severely damaged Ngati Toa Rangatira social and traditional tribal structures, their autonomy and ability to exercise customary rights and responsibilities, their capacity for economic and social development, and physical, cultural, and spiritual well-being.

(5) With this apology and settlement the Crown seeks to atone for these wrongs, restore its tarnished honour and begin the process of healing. The Crown hopes that this apology and settlement will mark the beginning of a new, positive, and enduring relationship with Ngati Toa Rangatira founded on mutual trust and co-operation and respect for Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

It is the intention of Parliament that the provisions of Parts 8 to 10 are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.

(1) In Parts 8 to 10, unless the context requires another meaning,—

(2) In Parts 8 to 10, 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.

In Parts 8 to 10, unless the context requires another meaning,—

(1) In Parts 8 to 10, Ngati Toa Rangatira—

• (a) means the collective group composed of individuals who are descended from both—

  • (i) Toa Rangatira; and

  • (ii) any other recognised ancestor of Ngati Toa Rangatira who migrated permanently to the area of interest of Ngati Toa Rangatira in the nineteenth century and who exercised customary rights predominantly within that area; 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,—

(1) In Parts 8 to 10, 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 Ngati Toa Rangatira 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 Ngati Toa Rangatira or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:

  • (i) Wai 60—Parai estate, Takapuwahia C2A3 block claim:

  • (ii) Wai 207—Ngati Toa lands claim:

  • (iii) Wai 690—Ngati Tera lands and reserves (Porirua) claim:

  • (iv) Wai 722—Takapuwahia and other blocks (public works) 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 Ngati Toa Rangatira or a representative entity:

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

  • (ii) Wai 172—Makara lands claim:

  • (iii) Wai 437—Koha Ora and Church Mission Society land claim:

  • (iv) Wai 648—Grace Saxton, George Hori Toms, and colonial laws of succession claim:

  • (v) Wai 1622—Ngati Toa (Taueki) claim:

  • (vi) Wai 1624—Ngati Toarangatira (Matenga) claim:

  • (vii) Wai 1626—Descendants of Hoani Te Puna/Rangiriri Taipua claim:

  • (viii) Wai 2361—The Kapiti and Motungararo Islands (Webber) claim.

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

• (a) a claim that a member of Ngati Toa Rangatira, or a whānau, hapū, or group referred to in section 430(1)(c), 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 section 430(1)(a); or

• (b) a claim that a representative entity had or may have that is, or is founded on, a claim described 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 acknowledgements expressed in, or the provisions of, the deed of settlement.

(4) Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including 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 8 to 10 or Part 11 of the Te Tau Ihu Claims Settlement Act 2013; or

• (d) the redress provided under the deed of settlement, Parts 8 to 10, or Part 11 of the Te Tau Ihu Claims Settlement Act 2013.

(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, Parts 8 to 10, or Part 11 of the Te Tau Ihu Claims Settlement Act 2013.

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

(2) In Schedule 3, insert in its appropriate alphabetical order “Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013, section 432(4) and (5)”.

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

• (a) to land in the Wellington Land District that is—

  • (i) a cultural redress property; or

  • (ii) a commercial redress property; or

  • (iii) general RFR land; or

  • (iv) disposed early RFR NZTA land; or

• (b) to each of the following properties in the Wellington Land District, but only on and from the date on which the property is transferred to the trustee of the Toa Rangatira Trust:

  • (i) a commercial property:

  • (ii) a deferred selection property (other than deferred selection RFR land); or

• (c) to deferred selection RFR land in the Wellington Land District, but only on and from the date on which the land is transferred to the trustee of the Toa Rangatira Trust; or

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

• (e) for the benefit of Ngati Toa Rangatira 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.

(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 computer register that contains, each allotment in the Wellington Land District—

• (a) that is—

  • (i) all or part of a cultural redress property; or

  • (ii) all or part of a commercial redress property; or

  • (iii) general RFR land; or

  • (iv) disposed early RFR NZTA land; or

  • (v) all or part of a commercial property; or

  • (vi) all or part of a deferred selection property (other than deferred selection RFR land); or

  • (vii) deferred selection RFR land; and

• (b) that is subject to a memorial recorded under any enactment listed in section 434(2).

(2) 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 434(2).

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

• (a) the settlement date, for the following:

  • (i) a cultural redress property:

  • (ii) a commercial redress property:

  • (iii) general RFR land:

  • (iv) disposed early RFR NZTA land; or

• (b) the date on which the property is transferred to the trustee of the Toa Rangatira Trust under section 585, for the following:

  • (i) a commercial property:

  • (ii) a deferred selection property (other than deferred selection RFR land); or

• (c) the date on which the land is transferred to the trustee of the Toa Rangatira Trust (for example, under section 585 or under a contract formed under section 606), for deferred selection RFR land.

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

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

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

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

• (b) remove any memorial recorded under an enactment listed in section 434(2) from each computer register identified in the certificate, but only in respect of each allotment described in the certificate.

(7) The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (2), remove any memorial recorded under an enactment listed in section 434(2) from each computer register identified in the certificate.

(1) The rule against perpetuities and the provisions of the Perpetuities Act 1964 do not—

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

  • (i) the Toa Rangatira Trust may exist in law; or

  • (ii) the trustee of the Toa Rangatira Trust may hold or deal with property (including income derived from property); or

• (b) 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 Toa Rangatira 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.

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.

If a provision in Parts 8 to 10 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 4 to 7 of the Te Tau Ihu Claims Settlement Act 2013, the provisions must be given effect to only once as if they were 1 provision.

(1) This section amends the Fisheries (South Island Customary Fishing) Regulations 1999.

(2) In regulation 2(1), definition of tangata whenua, replace paragraph (b)(v) with:

(1) In Parts 8 to 10, statutory acknowledgement means the acknowledgement made by the Crown in section 441 in respect of each statutory area, on the terms set out in this subpart.

(2) In this subpart,—

The Crown acknowledges the statements of association and the statements of coastal values.

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 443 to 445; and

• (b) to require relevant consent authorities to provide summaries of resource consent applications, or copies of notices of resource consent applications, to the trustee of the Toa Rangatira Trust, as provided for in section 447; and

• (c) to enable the trustee of the Toa Rangatira Trust and members of Ngati Toa Rangatira to cite the statutory acknowledgement as evidence of the association of Ngati Toa Rangatira with a statutory area, as provided for in section 448.

(1) On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to a statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustee of the Toa Rangatira Trust is an affected person 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.

(1) On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in deciding, under section 274 of the Resource Management Act 1991, whether the trustee of the Toa Rangatira Trust is a person who has 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.

(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 trustee of the Toa Rangatira Trust is 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 trustee of the Toa Rangatira Trust is directly affected by the decision.

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

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

(2) The information attached to a statutory plan must include—

• (a) the relevant provisions of sections 440 to 449 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.

(1) Each relevant consent authority must, for a period of 20 years starting on the effective date, provide the following to the trustee of the Toa Rangatira Trust 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 trustee of the Toa Rangatira Trust 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 trustee of the Toa Rangatira Trust is an affected person in relation to an activity.

(1) The trustee of the Toa Rangatira Trust and any member of Ngati Toa Rangatira may, as evidence of the association of Ngati Toa Rangatira 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 trustee of the Toa Rangatira Trust nor members of Ngati Toa Rangatira are precluded from stating that Ngati Toa Rangatira has an association with a statutory area that is not described in the statutory acknowledgement; and

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

(1) The trustee of the Toa Rangatira Trust may waive the right to be provided with summaries, and copies of notices, of resource consent applications under section 447 in relation to a statutory area.

(2) The trustee 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 443 to 445 in relation to a 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.

(1) Deeds of recognition must be issued to the trustee of the Toa Rangatira Trust in respect of each statutory area indicated in the third column in Schedule 10.

(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 deed of settlement.

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

(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.

(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 Ngati Toa Rangatira 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.

(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 the deed of settlement.

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

(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.

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

(2) In Schedule 11, insert in its appropriate alphabetical order “Parts 8 to 10 of the Te Tau Ihu Claims Settlement Act 2013”.

(1) In Parts 8 to 10, nga paihau means the application of this subpart to each nga paihau site.

(2) In this subpart,—

Each site described in Schedule 11 is declared to be subject to the nga paihau.

The Crown acknowledges the statements of iwi values in relation to the nga paihau sites.

The only purposes of the nga paihau are—

• (a) to require the New Zealand Conservation Authority and relevant Conservation Boards to consult the trustee of the Toa Rangatira Trust and to have particular regard to the statements of iwi values, the protection principles, and the views of the trustee of the Toa Rangatira Trust, as provided for in sections 461 and 462; and

• (b) to require the New Zealand Conservation Authority to give the trustee of the Toa Rangatira Trust an opportunity to make submissions, as provided for in section 463; and

• (c) to enable the taking of action under sections 464 to 469.

(1) The trustee of the Toa Rangatira Trust 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 a nga paihau site; or

• (b) the diminishing of the iwi values in relation to a nga paihau site.

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

(3) The trustee of the Toa Rangatira Trust and the Minister of Conservation may agree in writing to any amendments to the protection principles.

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 a nga paihau site, it must have particular regard to—

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

• (b) the protection principles for the site.

Before approving a conservation management strategy, conservation management plan, or national park management plan in relation to a nga paihau site, the New Zealand Conservation Authority or a Conservation Board must—

• (a) consult the trustee of the Toa Rangatira Trust; and

• (b) have particular regard to the views of the trustee of the Toa Rangatira Trust 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.

If the trustee of the Toa Rangatira Trust advises the New Zealand Conservation Authority in writing that it has significant concerns about a draft conservation management strategy in relation to a nga paihau site, the New Zealand Conservation Authority must, before approving the strategy, give the trustee an opportunity to make submissions in relation to those concerns.

(1) The application of the nga paihau to a nga paihau 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 nga paihau 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.

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

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

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

• (c) any amendment to the protection principles agreed under section 460(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 466 or 467.

(1) The Director-General must take action in relation to the protection principles that relate to a nga paihau 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 trustee of the Toa Rangatira Trust in writing of any action intended to be taken.

(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 a nga paihau 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.

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 467(1):

• (b) to regulate or prohibit activities or conduct by members of the public in relation to a nga paihau 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.

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 467(1):

• (b) to regulate or prohibit activities or conduct by members of the public in relation to a nga paihau 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.

(1) This section applies if the nga paihau 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 nga paihau 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.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of a nga paihau site is no longer subject to the nga paihau.

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

• (a) the trustee of the Toa Rangatira Trust and the Minister of Conservation have agreed in writing that the nga paihau 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 nga paihau site.

(4) The Crown must take reasonable steps to ensure that the trustee of the Toa Rangatira Trust continues to have input into the management of the relevant area.

(1) The nga paihau 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 a nga paihau site than that person would give if the site were not subject to the nga paihau.

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

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

(1) The nga paihau does not affect the lawful rights or interests of a person who is not a party to the deed of settlement.

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

(1) The nga paihau does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a nga paihau site.

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

In Parts 8 to 10, unless the context requires another meaning,—

• Sites that vest in fee simple

• (a) Rarangi (Ngati Toa Rangatira):

• (b) Akatarawa Road conservation area:

• (c) former Tuamarina school house:

• (d) Rangihaeata:

• (e) Pelorus Bridge:

• (f) Titahi Bay Road site A:

• (g) Titahi Bay Road site B:

• Sites that vest in fee simple subject to conservation covenants

• (h) Waikutakuta / Robin Hood Bay:

• (i) Elaine Bay:

• Sites that vest in fee simple to be administered as reserves

• (j) Whitianga site:

• (k) Te Mana a Kupe:

• (l) Taputeranga Island:

• (m) Onehunga Bay:

• (n) Wainui:

• (o) Te Onepoto Bay:

• (p) Te Arai o Wairau:

• (q) Pukatea / Whites Bay:

• (r) Horahora-kākahu:

• (s) Tokomaru / Mount Robertson:

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

• (t) Taupo urupa:

• (u) Whitireia urupa

(1) Rarangi (Ngati Toa Rangatira) ceases to be a conservation area under the Conservation Act 1987.

(2) The fee simple estate in Rarangi (Ngati Toa Rangatira) then vests in the trustee of the Toa Rangatira Trust.

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

(2) The fee simple estate in Akatarawa Road conservation area then vests in the trustee of the Toa Rangatira Trust.

The fee simple estate in the former Tuamarina school house vests in the trustee of the Toa Rangatira Trust.

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

(2) The fee simple estate in Rangihaeata then vests in the trustee of the Toa Rangatira Trust.

(1) The reservation of 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 Pelorus Bridge then vests in the trustee of the Toa Rangatira Trust.

The fee simple estate in Titahi Bay Road site A vests in the trustee of the Toa Rangatira Trust.

(1) The fee simple estate in Titahi Bay Road site B vests in the trustee of the Toa Rangatira Trust.

(2) Subsection (1) does not take effect until the trustee of the Toa Rangatira Trust has provided Porirua City Council with—

• (a) a registrable easement in gross for the following rights on the terms and conditions set out in part 4.6 of the documents schedule of the deed of settlement:

  • (i) a right to drain sewage over the areas shown as B, D, G, H, J, K, M, N, and O on SO 446371:

  • (ii) a right to drain stormwater and water over the areas shown as A, B, F, H, I, K, L, N, Q, and R on SO 446371:

  • (iii) a right to convey water over the area shown as P on SO 446371; and

• (b) a registrable easement for a right of way and a right to park over the areas shown as C, D, and E on SO 446371 in favour of Section 99 Block 1 Belmont Survey District on the terms and conditions set out in part 4.5 of the documents schedule of the deed of settlement.

(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 trustee of the Toa Rangatira Trust.

(3) Subsections (1) and (2) do not take effect until the trustee of the Toa Rangatira Trust has provided the Crown with a registrable covenant in relation to Waikutakuta / Robin Hood Bay on the terms and conditions set out in part 4.1 of the documents schedule of the 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.

(1) The reservation of Elaine Bay as a scenic reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in Elaine Bay then vests in the trustee of the Toa Rangatira Trust.

(3) Subsections (1) and (2) do not take effect until the trustee of the Toa Rangatira Trust has provided the Crown with a registrable covenant in relation to Elaine Bay on the terms and conditions set out in part 4.2 of the documents schedule of the 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.

(1) Any part of the Whitianga site that is a conservation area under the Conservation Act 1987 ceases to be a conservation area.

(2) The fee simple estate in the Whitianga site then vests in the trustee of the Toa Rangatira Trust.

(3) The Whitianga 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 Whitianga Historic Reserve.

(5) Subsections (1) to (4) do not take effect until the trustee of the Toa Rangatira Trust has provided Porirua City Council with a registrable easement in gross for a right to drain sewage over the area shown as A on SO 446636, and a right to drain stormwater over the areas shown as B and C on SO 446636, on the terms and conditions set out in part 4.7 of the documents schedule of the deed of settlement.

(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.

(1) The reservation of Te Mana a Kupe (being part of Mana Island Scientific Reserve) as a scientific reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in Te Mana a Kupe then vests in the trustee of the Toa Rangatira Trust.

(3) Te Mana a Kupe is then declared a reserve and classified as a scientific reserve subject to section 21 of the Reserves Act 1977.

(4) The reserve is named Te Mana a Kupe Scientific Reserve.

(5) Despite the vesting under subsection (2) or any subsequent transfer of reserve land under section 508,—

• (a) the Reserves Act 1977 applies to the reserve as if the reserve were vested in the Crown; and

• (b) any interest that affects the reserve land applies as if the reserve were vested in the Crown.

(6) To avoid doubt, as a result of subsection (5),—

• (a) the reserve is not vested in, or managed and controlled by, an administering body; and

• (b) the Crown administers, controls, and manages the reserve.

(7) However, the Crown must not grant a lease over any part of the reserve.

(8) Subsection (9) applies to all, or only the part, of Te Mana a Kupe that remains a reserve under the Reserves Act 1977 after the site has vested under subsection (2) (the reserve land).

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

(10) Subsection (9) continues to apply despite any subsequent transfer of the reserve land under section 508.

(11) Any improvements in or on Te Mana a Kupe do not vest in the trustee of the Toa Rangatira Trust, despite the vesting under subsection (2).

(1) Any part of Taputeranga Island that is still subject to section 3 or 4 of the Wellington City Empowering and Amendment Act 1927 ceases to be—

• (a) subject to those sections; and

• (b) held for the purposes specified in those sections.

(2) The fee simple estate in Taputeranga Island then vests in the Crown as Crown land subject to the Land Act 1948.

(3) The fee simple estate in Taputeranga Island then vests in the trustee of the Toa Rangatira Trust.

(4) Taputeranga Island is then declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

(5) The reserve is named Taputeranga Island Historic Reserve.

(6) Wellington 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.

(7) Subsection (6) continues to apply despite any subsequent transfer under section 509.

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

(2) The fee simple estate in Onehunga Bay then vests in the trustee of the Toa Rangatira Trust.

(3) Onehunga Bay 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 Onehunga Bay Historic Reserve.

(5) To avoid doubt, the joint board established by section 566(1) is the administering body of the reserve, as provided by section 567, but subject to section 572.

(6) Subsections (1) to (5) do not take effect until the trustee of the Toa Rangatira Trust has provided the Crown with a registrable easement for a right to convey water over the area shown as A on SO 446704 in favour of Section 4 SO 446704 on the terms and conditions set out in part 4.8 of the documents schedule of the deed of settlement.

(7) 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.

(1) The reservation of Wainui as a recreation reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in Wainui then vests in the trustee of the Toa Rangatira Trust.

(3) Wainui 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 Wainui ki Paekakariki Recreation Reserve.

(5) Any improvements in or on Wainui do not vest in the trustee of the Toa Rangatira Trust, despite the vesting under subsection (2).

(1) The reservation of Te Onepoto Bay (being part of Whitireia Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in Te Onepoto Bay then vests in the trustee of the Toa Rangatira Trust.

(3) Te Onepoto 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 Onepoto Recreation Reserve.

(5) To avoid doubt, the joint board established by section 566(1) is the administering body of the reserve, as provided by section 567, but subject to section 572.

(1) The road comprising Te Arai o Wairau is stopped.

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

(3) The fee simple estate in Te Arai o Wairau then vests in the Crown as Crown land subject to the Land Act 1948.

(4) The fee simple estate in Te Arai o Wairau then vests in the trustee of the Toa Rangatira Trust.

(5) Te Arai o Wairau is then declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

(6) The reserve is named Te Arai o Wairau Historic Reserve.

(7) Subsections (1) to (6) do not take effect until the trustee of the Toa Rangatira Trust has provided Marlborough District Council with a registrable easement in gross for a right to place a monument over the area shown as A on SO 446375 on the terms and conditions set out in part 4.9 of the documents schedule of the deed of settlement.

(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.

(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 trustee of the Toa Rangatira 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 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.

(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 505(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 511.

(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 trustee of the Toa Rangatira 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 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.

(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 505(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 511.

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

(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 trustee of the Toa Rangatira Trust under this paragraph; and

• (b) a share vests in the trustees of the Ngāti Rārua Settlement Trust under section 305(2)(a) of Parts 4 to 7 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 506(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 511.

(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 4.3 of the documents schedule of the deed of settlement.

(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.

(1) The reservation of the Taupo urupa as a local purpose reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in the Taupo urupa then vests in the Crown as Crown land subject to the Land Act 1948.

(3) The fee simple estate in the Taupo urupa then vests in the trustee of the Toa Rangatira Trust.

(4) The Taupo urupa is then set apart as a Maori reservation, as if it were set apart under section 338(1) of Te Ture Whenua Maori Act 1993,—

• (a) for the purposes of a burial ground; and

• (b) to be held for the benefit of Ngati Toa Rangatira.

(5) The Taupo urupa is not rateable under the Local Government (Rating) Act 2002, except under section 9 of that Act.

(1) The reservation of the Whitireia urupa (being part of Whitireia Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in the Whitireia urupa then vests in the trustee of the Toa Rangatira Trust.

(3) The Whitireia urupa is then set apart as a Maori reservation, as if it were set apart under section 338(1) of Te Ture Whenua Maori Act 1993,—

• (a) for the purposes of a burial ground; and

• (b) to be held for the benefit of Ngati Toa Rangatira.

(4) The Whitireia urupa is not rateable under the Local Government (Rating) Act 2002, except under section 9 of that Act.

Each cultural redress property vested in the trustee of the Toa Rangatira Trust under subpart 3 is subject to, or benefits from, any interests listed for the property in Schedule 12.

(1) This section applies to Taputeranga Island or 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) If the reserve site is affected by an interest listed for the property in Schedule 12 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 494(7).

(6) Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 509 or 511.

(1) This section applies if a cultural redress property is subject to an interest listed for the property in Schedule 12 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 498 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.

(1) This section applies in relation to the fee simple estate in a cultural redress property vested in the trustee of the Toa Rangatira Trust under subpart 3.

(2) To the extent that a cultural redress property (other than the former Tuamarina school house, Taputeranga Island, 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 trustee of the Toa Rangatira Trust as the proprietor 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 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 the former Tuamarina school house or Taputeranga Island, 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 name of the trustee of the Toa Rangatira Trust; 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 an undivided equal share of the fee simple estate in the property in the name of the trustee of the Toa Rangatira Trust (in whom the share is vested under subpart 3); 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 trustee of the Toa Rangatira Trust.

(7) In this section, authorised person means a person authorised by—

• (a) the chief executive of the Ministry of Justice, for the following properties:

  • (i) the former Tuamarina school house:

  • (ii) Titahi Bay Road site A:

  • (iii) Titahi Bay Road site B:

  • (iv) Taputeranga Island:

  • (v) Te Arai o Wairau:

  • (vi) the Taupo urupa:

• (b) the Director-General, for all other properties.

(1) The vesting of the fee simple estate in a cultural redress property in the trustee of the Toa Rangatira Trust under subpart 3 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 the trustee of the Toa Rangatira Trust under subpart 3.

(3) If the reservation, under subpart 3, of a reserve site is revoked in relation to all or part of the site, then the vesting of the site in the trustee of the Toa Rangatira Trust under subpart 3 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).

(1) The Registrar-General must record on any computer freehold register for the Whitianga site, Wainui, or Te Arai o Wairau—

• (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 501(3) and 507.

(2) The Registrar-General must record on any computer freehold register for Te Mana a Kupe—

• (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 486(9), 501(3), and 508.

(3) The Registrar-General must record on any computer freehold register for Taputeranga Island—

• (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 498(4), 501(3), and 509.

(4) The Registrar-General must record on any computer freehold register for Onehunga Bay or Te Onepoto Bay—

• (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 501(3) and 510.

(5) The Registrar-General must record on any computer freehold register created under section 500 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 498(4), 501(3), and 511.

(6) 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.

(7) A notification made under any of subsections (1) to (6) 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.

(8) For a reserve site other than a jointly vested site, if the reservation of the site under subpart 3 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 section 486(9) or 498(4) (if either applies), section 501(3), and section 507, 508, 509, or 510 (whichever applies); 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.

(9) For a jointly vested site, if the reservation of the site under subpart 3 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 500 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 498(4), 501(3), and 511; 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 500 or derived from a computer freehold register created under section 500, for the part of the site that remains a reserve.

(10) The Registrar-General must comply with an application received in accordance with subsection (8)(a) or (9)(a).

(1) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under subpart 3, 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 3; 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 3 does not—

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

• (b) affect other rights to subsurface minerals.

(4) The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way required to fulfil the terms of the deed of settlement in relation to a cultural redress property.

(1) The trustee of the Toa Rangatira Trust is the administering body of a reserve site, except as provided by sections 486(6), 487(6), 492(5), 493(5), 494(5), and 567(1).

(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.

(4) If the reservation, under subpart 3, 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.

(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 trustee of the Toa Rangatira Trust; and

• (b) the trustees of the Rangitāne o Wairau Settlement Trust; and

• (c) the trustees of the Ngāti Rārua Settlement 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.

(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 trustee of the Toa Rangatira Trust; and

• (b) the trustees of the Ngāti Rārua Settlement 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.

(1) This section applies to each of the following reserve sites:

• (a) Whitianga site:

• (b) Wainui:

• (c) Te Arai o Wairau.

(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 the trustee of the Toa Rangatira Trust under subpart 3 (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—