In this subpart,—

(1) The Council must establish a catchments fund by opening a dedicated account at a registered bank.

(2) The Council must administer the catchments fund.

(1) The Council and the trustees must agree on the application of the money in the catchments fund.

(2) The Council may apply the money in the catchments fund only for the following purposes:

• (a) maintaining the physical, chemical, and biological qualities of the soil in the catchments management area:

• (b) avoiding, remedying, or mitigating soil erosion and its effects on the environment in the catchments management area.

(3) Neither the Council nor the trustees must unreasonably withhold consent to any proposed application of money in the catchments fund under subsection (1).

(4) To avoid doubt, subsection (2) does not authorise the Council to use any money in the catchments fund to purchase land.

(5) The Council must return any money generated from the application of money under subsection (1) to the catchments fund (minus any actual and reasonable expenses incurred by the Council in administering the catchments fund).

(1) The Council may, from time to time, transfer money from the reserve fund to the catchments fund if the Council is satisfied that the transfer will not adversely affect its obligations under section 16(4) of the Soil Conservation and Rivers Control Act 1941 to manage and control the Tangoio Soil Conservation Reserve in a manner that in its opinion will best conserve the soil of the reserve and prevent injury to other land.

(2) The Council must, at least once every 3 years after the settlement date, assess whether any money may be transferred from the reserve fund to the catchments fund in accordance with subsection (1).

(1) Nothing in the Soil Conservation and Rivers Control Act 1941 applies to the catchments fund or the management of the catchments fund by the Council.

(2) To avoid doubt, nothing in this subpart derogates from the Council's obligations under the Soil Conservation and Rivers Control Act 1941 in relation to the reserve, the commercial forest on the reserve, or the reserve fund.

(1) LINZ may request the Council to supply it with any information in relation to the catchments fund that is necessary to enable LINZ to meet its reporting obligations under the Public Finance Act 1989.

(2) A request under subsection (1)—

• (a) must be in writing; and

• (b) state the date by which, and the manner in which, the information requested must be provided.

(3) If the Council receives a request under subsection (1), the Council must—

• (a) provide a written response; and

• (b) provide a copy of the response to the trustees.

In this subpart,—

Not later than the settlement date, the Minister of Conservation, the Director-General, and the trustees of the Maungaharuru-Tangitū Trust must enter into Te Kawenata.

(1) The Director-General must ensure that a summary of Te Kawenata is noted on every conservation document affecting Te Kawenata Area (as defined in Te Kawenata).

(2) The noting of the summary—

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

• (b) does not amend a conservation document for the purposes of the Conservation Act 1987 or the National Parks Act 1980.

(1) Te Kawenata does not limit or affect—

• (a) the rights, functions, duties, or powers of the Crown, including (without limitation) the Crown's ability to—

  • (i) introduce legislation; or

  • (ii) change government policy; or

• (b) the functions, duties, or powers of the Minister of Conservation or the Director-General.

(2) Te Kawenata does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to,—

• (a) land or any other resource held, managed, or administered under the conservation legislation; or

• (b) the common marine and coastal area (as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011).

(1) The Crown and the trustees must comply with Te Kawenata unless they agree to terminate it in accordance with its terms.

(2) If the Crown fails to comply with Te Kawenata without good cause, the trustees may seek—

• (a) a public law remedy (for example, judicial review):

• (b) to enforce Te Kawenata, subject to the Crown Proceedings Act 1950.

(3) Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with Te Kawenata.

(4) To avoid doubt, subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing Te Kawenata under subsection (2).

(5) Subsection (2) does not affect any contract entered into between the Minister of Conservation or the Director-General and the trustees, including any contract for service or concession.

In this subpart,—

(1) Each responsible Minister—

• (a) must issue a protocol to the trustees on the terms set out in part 5 of the documents schedule; and

• (b) may amend or cancel that protocol.

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

• (a) the trustees; or

• (b) the responsible Minister.

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

Protocols do not restrict—

• (a) the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and government policy, for example, the ability to—

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

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

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

• (c) the legal rights of the Maungaharuru-Tangitū Hapū or a representative entity.

(1) The Crown must comply with a protocol while it is in force.

(2) If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950.

(3) Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol.

(4) To avoid doubt,—

• (a) subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and

• (b) subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2).

(1) The chief executive of the department of State responsible for the administration of the Crown Minerals Act 1991 must note a summary of the terms of the Crown minerals protocol in—

• (a) a register of protocols maintained by the chief executive; and

• (b) the minerals programmes that affect the Crown minerals protocol area, but only when those programmes are changed.

(2) The noting of the summary is—

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

• (b) not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991.

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

(4) In this section,—

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

(2) In this section, taonga tūturu—

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

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

In this subpart,—

The Crown acknowledges the statements of association for the statutory areas.

The only purposes of the statutory acknowledgement are to—

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

• (b) require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees in accordance with sections 43 and 44; and

• (c) enable the trustees and any member of the Maungaharuru-Tangitū Hapū to cite the statutory acknowledgement as evidence of the association of the Maungaharuru-Tangitū Hapū with a statutory area, in accordance with section 45.

(1) This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.

(2) On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustees are affected persons in relation to the activity.

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

(1) This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.

(2) On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274 of the Resource Management Act 1991, whether the trustees are persons with an interest in the proceedings greater than that of the general public.

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

(1) This section applies to an application 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) On and from the effective date, the Historic Places Trust must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 14 of the Historic Places Act 1993 in relation to the application.

(3) On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area—

• (a) in determining whether the trustees are persons directly affected by the decision; and

• (b) 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.

(4) In this section, archaeological site has the meaning given in 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) a copy of sections 38 to 42, 44, and 45; and

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

• (c) the statement of association for each statutory area.

(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 on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:

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

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

(2) A summary provided under subsection (1)(a) 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 trustees and the relevant consent authority.

(3) The summary must be provided—

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

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

(4) A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the notice.

(5) The trustees may, by written notice to a relevant consent authority,—

• (a) waive the right to be provided with a summary or copy of a notice under this section; and

• (b) state the scope of that waiver and the period it applies for.

(6) This section does not affect the obligation of a relevant consent authority to decide,—

• (a) under section 95 of the Resource Management Act 1991, whether to notify an application:

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

(1) The trustees and any member of the Maungaharuru-Tangitū Hapū may, as evidence of the association of the Maungaharuru-Tangitū Hapū with a statutory area, cite the statutory acknowledgement that relates to that area in submissions and proceedings concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before—

• (a) the relevant consent authorities; or

• (b) the Environment Court; or

• (c) the Historic Places Trust; or

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

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

• (a) the bodies referred to in subsection (1); or

• (b) parties to proceedings before those bodies; or

• (c) 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 trustees nor members of the Maungaharuru-Tangitū Hapū are precluded from stating that the Maungaharuru-Tangitū Hapū have 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) This section applies in respect of the statutory areas listed in Part 2 of Schedule 2.

(2) The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 4 of the documents schedule for the statutory areas administered by the Department of Conservation.

(3) The Commissioner of Crown Lands must issue a deed of recognition in the form set out in part 4 of the documents schedule for the statutory areas administered by the Commissioner.

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

(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, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; 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, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; 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 a deed 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 an enactment or a bylaw.

(2) A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of the Maungaharuru-Tangitū Hapū 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 a deed of recognition do not—

• (a) affect the lawful rights or interests of a person who is not a party to the deed of settlement; or

• (b) 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 “Maungaharuru-Tangitū Hapū Claims Settlement Act 2013”.

In this subpart,—

(1) Each area described in Schedule 3 is declared to be subject to the Tātai Tūāpapa.

(2) The Crown acknowledges the statements of values for the Tātai Tūāpapa areas.

The only purposes of Tātai Tūāpapa are to—

• (a) require the New Zealand Conservation Authority and relevant Conservation Boards to comply with the obligations in section 55; and

• (b) enable the taking of action under sections 56 to 61.

(1) The trustees and the Minister of Conservation may agree on and publicise protection principles that are intended to prevent the values stated in the statement of values for a Tātai Tūāpapa area from being harmed or diminished.

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

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

(1) When the New Zealand Conservation Authority or a Conservation Board considers a conservation management strategy, conservation management plan, or national park management plan that relates to a Tātai Tūāpapa area, the Authority or Board must have particular regard to—

• (a) the statement of values for the area; and

• (b) the protection principles for the area.

(2) Before approving a strategy or plan that relates to a Tātai Tūāpapa area, the New Zealand Conservation Authority or a Conservation Board must—

• (a) consult the trustees; and

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

  • (i) the statement of values for the area; and

  • (ii) the protection principles for the area.

(3) If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to a Tātai Tūāpapa area, the Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.

(1) The application of the Tātai Tūāpapa to a Tātai Tūāpapa area must be noted in any conservation management strategy, conservation management plan, or national park management plan affecting the area.

(2) The noting of the Tātai Tūāpapa is—

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

• (b) 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 in the Gazette, as soon as practicable after the settlement date,—

• (a) the declaration made by section 52 that the Tātai Tūāpapa applies to the Tātai Tūāpapa areas; and

• (b) the protection principles for each Tātai Tūāpapa area.

(2) Any amendment to the protection principles agreed under section 54(3) must be notified by the Minister in the Gazette as soon as practicable after the amendment has been agreed in writing.

(3) The Director-General may notify in the Gazette any action (including any specified action) taken or intended to be taken under section 58 or 59.

(1) The Director-General must take action in relation to the protection principles that relate to a Tātai Tūāpapa area, 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 trustees 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 for the protection principles that relate to a Tātai Tūāpapa area.

(2) The Director-General must consult relevant Conservation Boards before initiating the amendment.

(3) The amendment 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.

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 59(1):

• (b) to regulate or prohibit activities or conduct by members of the public in relation to a Tātai Tūāpapa area:

• (c) to create offences for breaches of regulations made under paragraph (b):

• (d) to prescribe the following fines:

  • (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 on 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 59(1):

• (b) to regulate or prohibit activities or conduct by members of the public in relation to a Tātai Tūāpapa area:

• (c) to create offences for breaches of bylaws made under paragraph (b):

• (d) to prescribe the following fines:

  • (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 on which the offence continues.

(1) This section applies if the Tātai Tūāpapa 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 Tātai Tūāpapa 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 Tātai Tūāpapa area is no longer subject to the Tātai Tūāpapa.

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

• (a) the trustees and the Minister of Conservation have agreed in writing that the Tātai Tūāpapa 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 a different Minister of the Crown or the Commissioner of Crown Lands.

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

(1) The Tātai Tūāpapa does not affect, and must not be taken into account by, any person exercising a power or performing a function or duty under an enactment 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 values stated in the statement of values for a Tātai Tūāpapa area than that person would give if the area were not subject to the Tātai Tūāpapa.

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

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

(1) The Tātai Tūāpapa does not—

• (a) affect the lawful rights or interests of a person who is not a party to the deed of settlement; or

• (b) have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a Tātai Tūāpapa area.

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

(1) The Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995, must, on or before the settlement date, appoint the trustees as an advisory committee under section 21(1) of that Act for the purposes of advising the Minister on any proposed changes to—

• (a) the prohibition on the commercial taking of finfish from the waters of the area in Hawke's Bay known as the Wairoa Hard; and

• (b) the restriction on the use of nets for the taking of finfish in the waters of the area in Hawke's Bay known as the Wairoa Hard.

(2) In subsection (1), finfish has the same meaning as in section 2(1) of the Fisheries Act 1996.

In this subpart,—

(1) A name specified in the first column of the table in clause 5.52.1 of the deed of settlement is assigned to the feature described in the second and third columns of that table.

(2) A name specified in the first column of the table in clause 5.52.2 of the deed of settlement for the feature described in the third and fourth columns is altered to the name specified in the second column of that table.

(3) Each assignment or alteration of a name is to be treated as if it were an assignment or alteration of the official geographic name made by a determination of the Board under section 19 of the Act that takes effect on the settlement date.

(1) The Board must, as soon as practicable after the settlement date, give public notice of each assignment or alteration of an official geographic name specified under section 68 in accordance with section 21(2) and (3) of the Act.

(2) The notices must state that each official geographic name became an official geographic name on the settlement date.

(1) In making a determination to alter the official geographic name of a feature named by this subpart, the Board—

• (a) need not comply with sections 16, 17, 18, 19(1), and 20 of the Act; but

• (b) must have the written consent of the trustees.

(2) To avoid doubt, the Board must give public notice of the determination in accordance with section 21(2) and (3) of the Act.

In this subpart,—

(1) The reservation of Part Opouahi Scenic Reserve (being part of Opouahi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in Part Opouahi Scenic Reserve vests in the trustees.

(3) Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable easement for a right of way on the terms and conditions set out in part 6.1 of the documents schedule.

In sections 74 to 78, hall—

• (a) means the hall and the ancillary buildings adjacent to the hall on Te Pohue Domain Recreation Reserve owned by the Council immediately before the vesting of that property in the trustees under section 74:

• (b) includes any hall or building that replaces the hall or an ancillary building adjacent to the hall (as the case may be) under section 75(b) or 77(2).

(1) The reservation of Te Pohue Domain Recreation Reserve (being part of Te Pohue Upper Mohaka Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

(2) Subject to section 75, the fee simple estate in Te Pohue Domain Recreation Reserve vests in the trustees.

(3) Te Pohue Domain Recreation Reserve is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(4) The reserve is named Te Pohue Domain Recreation Reserve.

(5) The Council is the administering body of Te Pohue Domain Recreation Reserve as if the Council were appointed to control and manage the reserve under section 28 of the Reserves Act 1977.

(6) Despite section 15 of the Reserves Act 1977, Te Pohue Domain Recreation Reserve may not be exchanged for other land.

(7) Despite section 41 of the Reserves Act 1977, all management plans relating to Te Pohue Domain Recreation Reserve must be prepared in agreement between the Council and the trustees.

Despite the vesting of Te Pohue Domain Recreation Reserve in the trustees under section 74, the hall does not vest in the trustees and—

• (a) may remain on Te Pohue Domain Recreation Reserve without the consent of, and without charge by, the trustees; and

• (b) may be accessed, used, occupied, repaired, maintained, removed, demolished, or replaced by the Council (or any person with the consent of the Council) at any time without the consent of, and without charge by, the trustees; and

• (c) the trustees are not liable under any enactment or rule of law for any matter in relation to the hall for which they would, apart from this section, be liable by reason of their ownership of Te Pohue Domain Recreation Reserve.

Despite the Reserves Act 1977, the reserve status of Te Pohue Domain Recreation Reserve must not be revoked or reclassified.

(1) While the hall remains on Te Pohue Domain Recreation Reserve, the Council must keep the hall in the same clean order, repair, and condition as the hall was in at the time of the vesting of Te Pohue Domain Recreation Reserve in the trustees.

(2) The Council must remove, demolish, or replace the hall if—

• (a) the hall is damaged or is destroyed so that it is untenantable; and

• (b) the Council has not repaired the damage or destruction within 12 months of the date on which the damage or destruction occurred.

(1) If the hall is removed, demolished, or replaced under section 75(b) or 77(2), the Council must leave that part of Te Pohue Domain Recreation Reserve in a clean and tidy condition.

(2) To avoid doubt, nothing in section 75(b) or 77(2) limits or affects the requirements of any enactment that may apply to the removal, demolition, or replacement of the hall.

(1) The reservation of bed of Lake Opouahi (being part of Opouahi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in bed of Lake Opouahi vests in the trustees.

(3) The stratum above bed of Lake Opouahi vests in the trustees—

• (a) as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977; and

• (b) as if it were vested under section 26 of the Reserves Act 1977.

(4) Bed of Lake Opouahi is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(5) The reserve comprising bed of Lake Opouahi and the stratum above bed of Lake Opouahi is named Lake Opouahi Scenic Reserve.

(6) The Minister of Conservation must provide the trustees with a registrable right of way easement in relation to the bed of Lake Opouahi and the stratum above bed of Lake Opouahi on the terms and conditions set out in part 6.3 of the documents schedule.

(7) The easement is—

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

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

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

(1) The reservation of bed of Lake Orakai (being part of Tutira Domain Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in bed of Lake Orakai vests in the trustees.

(3) The stratum above bed of Lake Orakai vests in the trustees—

• (a) as a recreation reserve subject to section 17 of the Reserves Act 1977; and

• (b) as if it were vested under section 26 of the Reserves Act 1977.

(4) Bed of Lake Orakai is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(5) The reserve comprising bed of Lake Orakai and the stratum above bed of Lake Orakai is named Lake Orakai Recreation Reserve.

(6) The Minister of Conservation must provide the trustees with a registrable right of way easement in relation to the bed of Lake Orakai and the stratum above bed of Lake Orakai on the terms and conditions set out in part 6.2 of the documents schedule.

(7) The easement is—

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

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

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

(1) The reservation of part bed of Lake Tūtira (being part of Tutira Domain Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in part bed of Lake Tūtira vests in the trustees.

(3) The stratum above part bed of Lake Tūtira vests in the trustees—

• (a) as a recreation reserve subject to section 17 of the Reserves Act 1977; and

• (b) as if it were vested under section 26 of the Reserves Act 1977.

(4) Part bed of Lake Tūtira is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(5) The reserve comprising part bed of Lake Tūtira and the stratum above part bed of Lake Tūtira is named Lake Tūtira Recreation Reserve.

(6) The Minister of Conservation must provide the trustees with a registrable right of way easement in relation to part bed of Lake Tūtira and the stratum above part bed of Lake Tūtira on the terms and conditions set out in part 6.2 of the documents schedule.

(7) The easement is—

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

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

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

(1) The reservation of bed of Lake Waikopiro (being part of Tutira Domain Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in bed of Lake Waikopiro vests in the trustees.

(3) The stratum above bed of Lake Waikopiro vests in the trustees—

• (a) as a recreation reserve subject to section 17 of the Reserves Act 1977; and

• (b) as if it were vested under section 26 of the Reserves Act 1977.

(4) Bed of Lake Waikopiro is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(5) The reserve comprising bed of Lake Waikopiro and the stratum above bed of Lake Waikopiro is named Lake Waikopiro Recreation Reserve.

(6) The Minister of Conservation must provide the trustees with a registrable right of way easement in relation to Lake Waikopiro and the stratum above bed of Lake Waikopiro on the terms and conditions set out in part 6.2 of the documents schedule.

(7) The easement is—

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

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

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

To avoid doubt, the vesting of a lake property under this subpart does not give any rights to, or impose any obligations on, the trustees in relation to—

• (a) the waters of the lake; or

• (b) the aquatic life of the lake (other than plants attached to the bed of the lake).

Despite section 83(b), the trustees are not—

• (a) liable for any plants attached to the bed of a lake property; or

• (b) responsible for the control or removal of those plants.

(1) Despite any enactment or rule of law, the trustees are not liable for any contamination—

• (a) of a lake property (including contamination by plants attached to the bed of the lake); or

• (b) of natural and physical resources by a lake property (including contamination by plants attached to the bed of the lake); or

• (c) of a lake property that occurred before the settlement date; or

• (d) if liability for contamination arises only because the trustees are the owners of a lake property.

(2) Subsection (1) does not apply to the extent that any contamination is caused by an intentional, reckless, or negligent act or omission of the trustees.

(3) In subsection (1)(b), natural and physical resources has the meaning given in section 2(1) of the Resource Management Act 1991.

To the extent that a lake property has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.

(1) Despite the vesting of each lake property under this subpart, an existing structure—

• (a) does not vest in the trustees; and

• (b) may remain in or on a lake property without the consent of, and without charge by, the owners of the lake property; and

• (c) may be used, occupied, accessed, repaired, maintained, removed, or demolished at any time without the consent of, and without charge by, the owners of the lake property.

(2) However, if the owner of an existing structure removes or demolishes the structure, the owners of the lake property may require the owner of the structure to leave the lake property in a clean and tidy condition.

(3) In this section and  sections 88 and 89, existing structure—

• (a) means a structure in or on the bed of a lake property to the extent that the structure existed on the settlement date; and

• (b) includes such a structure whether or not, at any time, it was or is unlawful or unauthorised.

(1) Despite the vesting of each lake property under this subpart, certain applications relating to an existing structure must be determined as if the lake property were owned by the Crown.

(2) The applications are each application for a resource consent under the Resource Management Act 1991, or for a building consent under the Building Act 2004,—

• (a) to use, occupy, access, repair, maintain, remove, or demolish the existing structure; or

• (b) to rectify the non-compliance of the existing structure with that Act.

The owners of a lake property are not liable under any enactment or rule of law for an existing structure for which they would, apart from this section, be liable by reason of their ownership of the lake property.

(1) No person may erect or modify a structure in or on, or attach a structure to, the bed of a lake property, unless the owners of the lake property first give their written consent.

(2) However, subsection (1) does not apply if section 87 permits the activity relating to the structure.

(3) The owners may impose conditions on the grant of their consent, including imposing a charge.

Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 4.

(1) This section applies while the Council is treated as if it were appointed to control and manage Te Pohue Domain Recreation Reserve under section 28 of the Reserves Act 1977.

(2) Despite the appointment of the Council as the administering body for Te Pohue Domain Recreation Reserve under section 74(5), the Council may grant, or be the grantee of, an interest in the property as if it were vested in the Council under section 26 of the Reserves Act 1977.

(3) If Te Pohue Domain Recreation Reserve is affected by an interest in land listed for the property in Schedule 4, the interest applies as if the Council were the grantor, or the grantee, as the case may be, of the interest in respect of the property.

(4) Any interest in land that affects Te Pohue Domain Recreation Reserve must be dealt with for registration purposes as if the Council were the registered proprietor of Te Pohue Domain Recreation Reserve.

(1) This section applies if a cultural redress property is subject to an interest (other than an interest in land) listed for the property in Schedule 4 for which there is a grantor, whether or not the interest also applies to land outside the cultural redress 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 Te Pohue Domain Recreation Reserve to which section 92 applies, the interest applies as if the Council were the grantor of the interest in respect of Te Pohue Domain Recreation Reserve.

(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 to a cultural redress property vested in the trustees under this subpart.

(2) Subsection (3) applies to a cultural redress property, but only to the extent that the property is all of the land contained in a computer freehold register.

(3) The Registrar-General must, on written application by an authorised person,—

• (a) register the trustees as the proprietors of the fee simple estate in the property; and

• (b) record any entry on the computer freehold register and do anything else necessary to give effect to this subpart and to part 5 of the deed of settlement.

(4) Subsection (5) applies to a cultural redress property, but only to the extent that subsection (2) does not apply to the property.

(5) 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 trustees; and

• (b) record on the computer freehold register or registers any interests that are registered, notified, or notifiable and that are described in the application.

(6) Subsection (5) is subject to the completion of any survey necessary to create a computer freehold register.

(7) A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—

• (a) 24 months after the settlement date; or

• (b) any later date that may be agreed in writing by the Crown and the trustees.

(8) In this section, authorised person means a person authorised by the Director-General.

(1) The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

(2) Section 24 of the Conservation Act 1987 does not apply to the vesting of Te Pohue Domain Recreation Reserve.

(3) Part 4A of the Conservation Act 1987 does not apply to the vesting of a lake property under this subpart.

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

(1) The Registrar-General must record on any computer freehold register for—

• (a) Part Opouahi Scenic Reserve that the land is subject to Part 4A of the Conservation Act 1987:

• (b) Te Pohue Domain Recreation Reserve—

  • (i) that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and

  • (ii) that the land is subject to sections 76 and 101:

• (c) a lake property—

  • (i) that Part 4A of the Conservation Act 1987 does not apply; and

  • (ii) that the land is subject to section 101.

(2) A notification made under subsection (1) 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.

(3) If the reservation of a lake property is revoked for—

• (a) all of the lake property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register or registers for the property the notifications that the property is subject to sections 95(3) and 101:

• (b) part of the lake property, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register or registers for the part of the property that remains a reserve.

(4) If section 27 of the Reserves Act 1977 is invoked in relation to the stratum above bed of Lake Opouahi, the stratum above bed of Lake Orakai, the stratum above part bed of Lake Tūtira, or the stratum above bed of Lake Waikopiro for—

• (a) all of the stratum, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the stratum the notifications that the stratum is subject to sections 95(3) and 101:

• (b) part of the stratum, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register for that part of the stratum that remains a reserve.

(5) The Registrar-General must comply with an application received in accordance with subsection (3)(a) or (4)(a) (as the case may be).

(1) The vesting of the fee simple estate in a cultural redress property under this subpart does not—

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

• (b) affect other rights to subsurface minerals.

(2) 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.

(3) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this subpart, of the reserve status of a cultural redress property.

(4) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

• (a) the vesting of the fee simple estate in a cultural redress property under this subpart; or

• (b) any matter incidental to, or required for the purpose of, the vesting.

(1) The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a cultural redress property.

(2) Any such easement is—

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

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

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

(1) Except as provided in section 74, the trustees are the administering body for a reserve property.

(2) Sections 48A, 114, and 115 of the Reserves Act 1977 apply to a reserve property, 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 property.

(4) If the reservation of a reserve property under this subpart is revoked under section 24 of the Reserves Act 1977 for all or part of the property, section 25(2) of that Act applies to the revocation, but not the rest of section 25 of that Act.

(5) To avoid doubt, subsection (4) does not apply to—

• (a) the stratum above bed of Lake Opouahi:

• (b) the stratum above bed of Lake Orakai:

• (c) the stratum above part bed of Lake Tūtira:

• (d) the stratum above bed of Lake Waikopiro.

(6) A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, despite anything in that Act.

(7) The name of a reserve property must not be changed or a name assigned to it under section 16(10) of the Reserves Act 1977 without the written consent of the owners of the property, and section 16(10A) of that Act does not apply to the proposed change.

In sections 101 to 104, reserve land means all or the part of a reserve property that remains a reserve under the Reserves Act 1977 after the property has vested in the trustees under this subpart.

(1) This section applies to the subsequent transfer of the reserve land.

(2) The fee simple estate in the reserve land in a lake property may be transferred only in accordance with section 102 or 103.

(3) Despite section 103, the fee simple estate in Te Pohue Domain Recreation Reserve may be transferred only in accordance with section 102.

The registered proprietors of the reserve land may transfer the fee simple estate in the reserve land if—

• (a) the transferors of the reserve land are or were the trustees of a trust; and

• (b) the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and

• (c) the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees' solicitor, verifying that paragraphs (a) and (b) apply.

(1) The registered proprietors of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners).

(2) The Minister of Conservation must give written consent to the transfer if the registered proprietors satisfy the Minister that the new owners are able to—

• (a) comply with the requirements of the Reserves Act 1977; and

• (b) perform the duties of an administering body under that Act.

(3) The Registrar-General must, upon receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.

(4) The required documents are—

• (a) a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and

• (b) the written consent of the Minister of Conservation to the transfer of the reserve land; and

• (c) any other document required for the registration of the transfer instrument.

(5) The new owners, from the time of their registration under this section,—

• (a) are the administering body of the reserve land; and

• (b) hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and

• (c) have the same rights and obligations (including under this subpart) as the registered proprietors had immediately before the transfer.

(6) A transfer that complies with this section need not comply with any other requirements.

(7) To avoid doubt, section 27 of the Reserves Act 1977 continues to apply to any part of the reserve land that is vested under any of section sections 79(3), 80(3), 81(3), and 82(3) as if the new owners were the trustees.

The owners of reserve land must not mortgage, or give a security interest in, the reserve land.

(1) This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 or the Reserves Act 1977 in relation to a reserve property before the property was vested in the trustees under this subpart.

(2) The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 or the Reserves Act 1977.

(1) Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the settlement date, was all or part of a Crown protected area.

(2) The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.

(3) In this section, Board, Crown protected area, Gazetteer, and official geographic name have the meanings given in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

(1) The fee simple estate in a gifting-back property vests in the trustees on the vesting date.

(2) On the seventh day after the vesting date, the fee simple estate in a gifting-back property vests in the Crown as a gifting back to the Crown by the trustees for the people of New Zealand.

(3) However, the following matters apply as if the vestings had not occurred:

• (a) a gifting-back property remains a reserve under the Reserves Act 1977; and

• (b) any enactment, instrument, or interest that applied to a gifting-back property immediately before the vesting date continues to apply to it; and

• (c) to the extent that the statutory acknowledgement or the Tātai Tūāpapa applies to a gifting-back property immediately before the vesting date, it continues to apply to that property; and

• (d) the Crown retains all liability for a gifting-back property.

(4) The vestings are not affected by Part 4A of the Conservation Act 1987, section 11 or Part 10 of the Resource Management Act 1991, or any other enactment.

(5) In this section,—

(1) To give effect to part 6 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to—

• (a) transfer the fee simple estate in a commercial redress property to the trustees; and

• (b) sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.

(2) To avoid doubt, subsection (1)(b) authorises the chief executive of the Ministry of Justice to accept, on behalf of Her Majesty the Queen, a transfer of Opouahi Station (as described in part 3 of the property redress schedule) from Landcorp Holdings Limited to Her Majesty the Queen.

(1) The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a commercial redress property.

(2) Any such easement is—

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

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

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

(1) This section applies to the transfer under section 109 of a commercial redress property (other than licensed land).

(2) However, this section applies only to the extent that—

• (a) the property is not all of the land contained in a computer freehold register; or

• (b) there is no computer freehold register for all or part of the property.

(3) The Registrar-General must, in accordance with a written application by an authorised person,—

• (a) create a computer freehold register for the fee simple estate in the property in the name of the Crown; and

• (b) record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but

• (c) omit any statement of purpose from the computer freehold register.

(4) Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.

(5) In this section and sections 112 and 113, authorised person means a person authorised by the chief executive of the land holding agency for the relevant property.

(1) This section applies to licensed land that is subject to a single Crown forestry licence and is to be transferred to the trustees under section 109.

(2) The Registrar-General must, in accordance with a written application by an authorised person,—

• (a) create a computer freehold register in the name of the Crown for the fee simple estate in the property; and

• (b) record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but

• (c) omit any statement of purpose from the computer freehold register.

(3) Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.

(1) For the purposes of sections 111 and 112, the authorised person may grant a covenant for the later creation of a computer freehold register for any commercial redress property.

(2) Despite the Land Transfer Act 1952,—

• (a) the authorised person may request the Registrar-General to register the covenant under that Act by creating a computer interest register; and

• (b) the Registrar-General must comply with the request.

(1) This section applies to the transfer to the trustees of the fee simple estate in a commercial redress property.

(2) The transfer 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.

(3) The transfer 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 the transfer.

(5) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the transfer or to any matter incidental to, or required for the purpose of, the transfer.

(6) In exercising the powers conferred by section 109, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer.

(7) Subsection (6) is subject to subsections (2) and (3).

(1) The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the trustees.

(2) However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989 but be inconsistent with this subpart, part 6 of the deed of settlement, or part 4 of the property redress schedule.

(1) The trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the licensed land.

(2) The effect of subsection (1) is that—

• (a) the trustees are entitled to the rental proceeds payable for the licensed land to the trustees of the Crown forestry rental trust under a Crown forestry licence since the commencement of the licence; and

• (b) all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries in relation to the licensed land.

(3) The Crown must give notice under section 17(4)(b) of the Crown Forest Assets Act 1989 in respect of a Crown forestry licence, even though the Waitangi Tribunal has not made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land.

(4) Notice given by the Crown under subsection (3) has effect as if—

• (a) the Waitangi Tribunal had made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land; and

• (b) the recommendation had become final on the settlement date.

(5) The trustees are the licensors under the Crown forestry licence as if the licensed land had been returned to Māori ownership—

• (a) on the settlement date; and

• (b) under section 36 of the Crown Forest Assets Act 1989.

(6) However, section 36(1)(b) of the Crown Forest Assets Act 1989 does not apply to the licensed land.

(1) Section 116 applies whether or not—

• (a) the transfer of the fee simple estate in the licensed land has been registered; or

• (b) the processes described in clause 17.4 of the Crown forestry licence have been completed.

(2) To the extent that the Crown has not completed the processes referred to in subsection (1)(b) before the settlement date, it must continue those processes—

• (a) on and after the settlement date; and

• (b) until the processes are completed.

(3) For the period starting on the settlement date until the completion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the licensed land is the amount calculated in the manner described in paragraphs 4.23 and 4.24 of the property redress schedule.

(4) On and from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the licensed land, be read as references to the trustees.

(1) The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special cultural, historical, or spiritual significance to have access across the land to each protected site.

(2) Subsection (1) takes effect on and from the date of the transfer of a property to the trustees.

(3) The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.

(4) The right of access is subject to the following conditions:

• (a) a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and

• (b) the right of access may be exercised only at reasonable times and during daylight hours; and

• (c) a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access that are reasonably required—

  • (i) for the safety of people; or

  • (ii) for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or

  • (iii) for operational reasons.

(1) A right of access over licensed land is subject to the terms of any Crown forestry licence.

(2) However, subsection (1) does not apply if the licensee has agreed to the right of access being exercised.

(3) An amendment to a Crown forestry licence is of no effect to the extent that it would—

• (a) delay the date from which a person may exercise a right of access; or

• (b) adversely affect a right of access in any other way.

(1) This section applies to the transfer to the trustees of any licensed land.

(2) The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land.

(3) The Registrar-General must, upon the registration of the transfer of the land, record on any computer freehold register for the land that the land is subject to a right of access to protected sites on the land.

In this subpart and Schedule 6,—