In this subpart,—

The Crown acknowledges—

• (a) the statements of association for the statutory areas described in Parts 1 and 2 of Schedule 1; and

• (b) the statement of association for Te Kohera-Kawakawa Bay statutory area arising through the tupuna Te Kohera.

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 24 to 26; 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 27 and 28; and

• (c) enable the trustees and any member of Raukawa to cite the statutory acknowledgement as evidence of the association of Raukawa with a statutory area, in accordance with section 29.

(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 22 to 26, 28, and 29; 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 Raukawa may, as evidence of the association of Raukawa with a statutory area, cite the statutory acknowledgement that relates to that area in submissions 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 Raukawa are precluded from stating that Raukawa 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.

The Crown acknowledges the statement of association for the geothermal resource.

The only purposes of the geothermal statutory acknowledgement are to—

• (a) require relevant consent authorities and the Environment Court to have regard to the geothermal statutory acknowledgement, in accordance with sections 32 and 33; and

• (b) require relevant consent authorities to record the geothermal statutory acknowledgement on statutory plans that relate to the geothermal resource and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 34 and 35; and

• (c) enable the trustees and any member of Raukawa to cite the geothermal statutory acknowledgement as evidence of the association of Raukawa with the geothermal resource, in accordance with section 36.

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

(2) On and from the effective date, a relevant consent authority must have regard to the geothermal statutory acknowledgement relating to the geothermal resource 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 the geothermal resource.

(2) On and from the effective date, the Environment Court must have regard to the geothermal statutory acknowledgement relating to the geothermal resource 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) On and from the effective date, each relevant consent authority must attach information recording the geothermal statutory acknowledgement to all statutory plans that wholly or partly cover the geothermal resource.

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

• (a) a copy of sections 30 to 33, 35, and 36; and

• (b) a description of the geothermal resource wholly or partly covered by the plan; and

• (c) the statement of association for the geothermal resource.

(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 the geothermal resource:

• (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 Raukawa may, as evidence of the association of Raukawa with the geothermal resource, cite the geothermal statutory acknowledgement in submissions concerning the taking, use, damming, or diverting of any geothermal water or geothermal energy from the geothermal resource that are made to or before—

• (a) the relevant consent authorities; or

• (b) the Environment Court; or

• (c) 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 geothermal 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 geothermal statutory acknowledgement into account.

(4) To avoid doubt,—

• (a) neither the trustees nor members of Raukawa are precluded from stating that Raukawa has an association with a geothermal resource that is not described in the geothermal statutory acknowledgement; and

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

(1) This section applies in respect of the statutory areas listed in Part 2 of Schedule 1.

(2) The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 3.1 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 3.2 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.

(3) If any part of a statutory acknowledgement or deed of recognition applies to a lake,—

• (a) that part of the acknowledgement or deed of recognition applies only to—

  • (i) the body of fresh water in the lake; and

  • (ii) the bed of the lake; and

• (b) in the case of a statutory acknowledgement, that part of the acknowledgement does not apply to any part of the bed of the lake that is not owned by the Crown; and

• (c) in the case of a deed of recognition, that part of the deed of recognition does not apply to any part of the bed of the lake that is not owned or managed by the Crown; and

• (d) that part of the acknowledgement or deed of recognition does not apply,—

  • (i) in the case of a lake not controlled by artificial means, to any land that the waters of the lake do not cover at their highest level without overflowing the banks of the lake; or

  • (ii) in the case of a lake controlled by artificial means, to any land that the waters of the lake do not cover at the maximum operating level; or

  • (iii) to any river, stream, or watercourse, whether artificial or otherwise, draining into or out of a lake.

(4) In this section,—

(1) The statutory acknowledgement, the geothermal 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 Raukawa with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.

(3) 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 Raukawa with the geothermal resource than that person would give if there were no geothermal statutory acknowledgement for the geothermal resource.

(4) Subsections (2) and (3) do not limit subsection (1).

(5) 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, the geothermal 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 or the geothermal resource.

(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 “Raukawa Claims Settlement Act 2013”.

In this subpart,—

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

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

The only purposes of the overlay classification are to—

• (a) require the New Zealand Conservation Authority and relevant Conservation Boards to comply with the obligations in section 46; and

• (b) enable the taking of action under sections 47 to 52.

(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 an overlay area from being harmed or diminished.

(2) The protection principles set out in part 1 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.

(4) The Minister of Conservation may, after consulting the trustees, amend the protection principles to give effect to a deed of settlement with another claimant group with an interest in an overlay classification site recognised by that deed.

(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 an overlay 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 an overlay 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 an overlay 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 overlay classification to an overlay 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 overlay classification 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 43 that applies to each overlay area; and

• (b) the protection principles for each overlay area.

(2) Any amendment to the protection principles agreed under section 45(3) must be notified by the Minister in the Gazette as soon as practicable after the amendment has been agreed in writing.

(3) Any amendment to the protection principles made under section 45(4) must be notified by the Minister in the Gazette as soon as practicable after the amendment has been made.

(4) The Director-General may notify in the Gazette any action (including any specified action) taken or intended to be taken under section 49 or 50.

(1) The Director-General must take action in relation to the protection principles that relate to an overlay 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 an overlay 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 50(1):

• (b) to regulate or prohibit activities or conduct by members of the public in relation to an overlay 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 50(1):

• (b) to regulate or prohibit activities or conduct by members of the public in relation to an overlay 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) The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of an overlay area is no longer subject to the overlay classification.

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

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

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

• (c) the responsibility for managing the relevant area is to be, or has been, transferred to 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 the 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 overlay area.

(1) The overlay classification 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 an overlay area than that person would give if the area were not subject to the overlay classification.

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

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

(1) The overlay classification 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, an overlay area.

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

In this subpart,—

(1) A name specified in the first column of the table in clause 5.13.1 of the deed of settlement is assigned to the feature described in the second and third columns of that table.

(2) The name specified in the first column of the table in clause 5.13.2 of the deed of settlement for the feature described in the third and fourth columns of that table is altered to the name specified in the second column of that table.

(3) Each assignment or alteration is to be treated as if it were an assignment or alteration of the official geographic name by virtue of a determination of the Board made under section 19 of the NZGB Act.

(1) The Board must, as soon as practicable after the settlement date, give public notice of each assignment or alteration of a name under section 57 in accordance with section 21(2) and (3) of the NZGB Act.

(2) However, the notices must state that the assignments and alterations took effect on the settlement date.

(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 NZGB Act; but

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

(2) To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3) of the NZGB Act.

In this subpart,—

The fee simple estate in Whakakahonui vests in the trustees.

The fee simple estate in the Whakamaru Hydro Village site vests in the trustees.

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

(2) The fee simple estate in Te Tuki vests in the trustees.

(3) Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross to the Minister of Conservation over those parts of Te Tuki shown A and B on deed plan OTS-113-03 (subject to survey) the area shown as A on SO 464201 on the terms and conditions set out in part 4.3 of the document schedule.

(1) Whenua ā-kura (being part of the Kaimai Mamaku Conservation Park) ceases to be part of that park.

(2) Whenua ā-kura ceases to be a conservation area under the Conservation Act 1987.

(3) The fee simple estate in Whenua ā-kura vests in the trustees.

(4) Whenua ā-kura is declared a reserve and classified as an historic reserve subject to section 18 of the Reserves Act 1977.

(5) The reserve is named Whenua ā-kura Historic Reserve.

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

(2) The fee simple estate in Pureora vests in the trustees.

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

(4) The reserve is named Pureora Historic Reserve.

(5) Subsections (1) to (4) do not take effect until the trustees have provided the Crown with the deed of covenant on the terms and conditions set out in part 6 of the documents schedule to give effect to clause 20.2(b) of the operating easement.

(6) To avoid doubt, the vesting of that part of Pureora being Part Section 3 SO 326126 (subject to survey) the area shown as B on SO 464134 is also subject to compliance with clause 20.2 of the operating easement.

(1) Whakamaru (Site A) ceases to be a conservation area under the Conservation Act 1987.

(2) The fee simple estate in Whakamaru (Site A) vests in the trustees.

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

(4) The reserve is named Whakamaru Recreation Reserve.

(1) Whakamaru (Site B) ceases to be a conservation area under the Conservation Act 1987.

(2) The fee simple estate in Whakamaru (Site B) vests in the trustees.

(3) Whakamaru (Site B) is declared a reserve and classified as an historic reserve subject to section 18 of the Reserves Act 1977.

(4) The reserve is named Whakamaru Historic Reserve.

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

(2) The fee simple estate in Korakonui vests in the trustees.

(3) Korakonui is declared a reserve and classified as a local purpose (community use) reserve subject to section 23 of the Reserves Act 1977.

(4) The reserve is named Korakonui Local Purpose (Community Use) Reserve.

(5) Subsections (1) to (4) do not take effect until the trustees have entered into a management agreement with Korakonui Community Hall Incorporated that—

• (a) enables the reasonable and continued use of the Korakonui Public Hall by the Korakonui community; and

• (b) protects the trustees from any undue burden arising from the upkeep and maintenance of the Korakonui Public Hall.

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 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.

(3) The interest applies—

• (a) until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and

• (b) with any other necessary modifications; and

• (c) despite any change in status of the land in the property.

(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 that is 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 a computer freehold register for the fee simple estate in the property in the name of the trustees; and

• (b) record on the computer freehold register 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, in relation to—

• (a) Whakakahonui and Whakamaru Hydro Village site, a person authorised by the chief executive of LINZ:

• (b) each other cultural redress property, a person authorised by the Director-General.

In sections 73 and 74, reserve property does not include Pureora.

(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—

• (a) a reserve property; or

• (b) Pureora.

(3) If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property.

(4) Subsections (2) and (3) do not limit subsection (1).

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

• (a) a reserve property,—

  • (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 73(3) and 79; and

• (b) Pureora,—

  • (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 75 and 79; and

• (c) any other cultural redress property, that the land is subject to Part 4A of the Conservation Act 1987.

(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) For a reserve property, if the reservation of the property under this subpart is revoked for—

• (a) all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that—

  • (i) section 24 of the Conservation Act 1987 does not apply to the property; and

  • (ii) the property is subject to sections 73(3) and 79; or

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

(4) The Registrar-General must comply with an application received in accordance with subsection (3)(a).

The vesting of the fee simple in Pureora ceases to be exempt from section 24 of the Conservation Act 1987 (except subsection (2A) if, in relation to all or part of that property,—

• (a) the reservation under this subpart is revoked; and

• (b) the operating easement is surrendered.

If the reservation of Pureora under this subpart is revoked for all or part of the property, and the operating easement is surrendered for all or part of the property, the vesting of the property is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property.

(1) If the reservation of Pureora is revoked in relation to for all of the property, and the operating easement has already been surrendered, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that—

• (a) section 24 of the Conservation Act 1987 does not apply to the property; and

• (b) the property is subject to sections 75 and 79.

(2) If the reservation of Pureora is revoked in relation to a for part of the property, and the operating easement has already been surrendered from that part, the Registrar-General must ensure that the notifications referred to in subsection (1)(a) and (b) remain only on the computer freehold register for the part of the property that remains a reserve.

(3) If the reservation of Pureora is revoked in relation to all of the property, and the operating easement has not already been surrendered,—

• (a) the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notification that the property is subject to section 79; and

• (b) the Registrar-General must ensure that the notifications that section 24 of the Conservation Act 1987 does not apply to the property and that the property is subject to section 75 remain only on the computer freehold register for the part of the property subject to the operating easement.

(4) If the reservation of Pureora is revoked in relation to a part of the property, and the operating easement has not already been surrendered from that part, the Registrar-General must ensure that the notifications referred to in subsection (1)(a) and (b) remain only on the computer freehold register for the part of the property that remains a reserve.

(3) If the reservation of Pureora is revoked for all of the property, and the operating easement has not already been surrendered, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notification that the property is subject to section 79.

(4) If the reservation of Pureora is revoked for a part of the property, and the operating easement has not already been surrendered from that part, the Registrar-General must—

• (a) ensure that the notifications referred to in subsection (1)(a) and (b) remain on the computer freehold register only for the part of the property that remains a reserve; and

• (b) ensure that the notifications that section 24 of the Conservation Act 1987 does not apply to the property and that the property is subject to section 75 (but not the notification that the property is subject to section 79) remain on the computer freehold register for the part of the property subject to the operating easement.

(5) If the operating easement is surrendered in full and the reservation of Pureora has already been revoked, the registered proprietor of the property must apply in writing to the Registrar-General to remove from the computer freehold register the notifications that—

• (a) section 24 of the Conservation Act 1987 does not apply to the property; and

• (b) the property is subject to section 75.

(6) If the operating easement is surrendered in part, and the reservation of Pureora has already been revoked, the Registrar-General must ensure that the notifications referred to in subsection (5)(a) and (b) remain only on the computer freehold register for the part of the property that remains subject to the operating easement.

(7) The Registrar-General must comply with an application received in accordance with subsection (1), (3)(a), or (5).

(8) To avoid doubt, if the operating easement is surrendered in full or in part and the reservation of all or part of Pureora (as the case may be) has not been revoked, no notification may be removed from the computer freehold register for the property.

(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 trustees are the administering body of 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, any obligations on the trustees under the Local Government Official Information and Meetings Act 1987 apply to them in their capacity as an administering body under the Reserves Act 1977 but do not apply to them in any other capacity.

(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 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.

(1) This section applies to 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.

(2) The fee simple estate in the reserve land may only be transferred in accordance with section 80 or 81.

(3) In this section and sections 80 to 82, reserve land means the land that remains a reserve as described in subsection (1).

(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.

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

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.

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 following is the statement of the significance of Maungatautari to Raukawa:

“Ki te Wairere

Horohoro

Pohaturoa

Ko Ongaroto

Ko Whāita e

Nukuhau

Ki Taupō-nui-a-tia

Ki runga o Hurakia

Hauhungaroa

Titiraupenga

Arowhena

Wharepūhunga

Titiraupenga

Whakamarumaru

Te Pae o Raukawa

Titiro atu ki Te Kaokaoroa-o-Pātetere

Maungatautari

Ka titiro ki Wharepūhunga

Ko Hoturoa, ko Pārāwera

Ko te Manawa rā o Ngāti Raukawa e.

(2) Raukawa has a very long association to the mountain, Maungatautari. The mountain is located on the west bank of the Waikato River south of Cambridge. This mountain holds spiritual, cultural and historical significance to the iwi of Raukawa and others.

(3) For Raukawa, the association to Maungatautari stems back to the arrival of the Tainui waka in Aotearoa and the Raukawa ancestors Rakatāura and Kahukeke. Raukawa is a descendant of Rakatāura and Kahukeke. Following the arrival of the waka into Kāwhia, Rakatāura and Kahukeke left that area and journeyed into the interior of the Central North Island. Along the way Rakatāura named many places. According to Raukawa tradition, Rakatāura spied a majestic mountain that appeared to be suspended above a thick blanket of mist. It was this event that prompted Rakatāura to name the place Maungatautari.

(4) Ten generations later, following the birth of her new born son Raukawa, Māhina-a-rangi crossed the Waikato River below Maungatautari. She named the place she crossed, Horahora, in recognition of having to lay out the wet clothing of her son to dry.

(5) Two generations later, a pā named Te Tiki-o-Te-Ihingarangi, was built by a grandson of Raukawa at Karapiro, below Maungatautari. Later also, other grandsons of Raukawa namely Whāita, Tamatehura, Ūpokoiti, Wairangi, Ngakohua and Pipito led a war party through the Central North Island killing an indigenous iwi. Pā at Maungatautari belonging to that iwi were taken and Tamatehura eventually settled there.

(6) Also living at Maungatautari was Tukorehe and his elder brother, Kauwhata. Tukorehe was the eponymous ancestor of the Raukawa hapū Ngāti Tukorehe.

(7) Descendants of Raukawa continued to live at Maungatautari. These descendants included the famed Raukawa ancestors Ngatokowaru and later the war chiefs Wahineiti and his younger brother Hapekitūarangi.

(8) In the early part of the nineteenth century some members of Raukawa migrated south from Maungatautari. However, other members of Raukawa remained at Maungatautari and the iwi has a continued presence in the area today.

(9) In 1868 the title investigation into the Maungatautari land blocks began in the Native Land Courts.

(10) Raukawa individuals from Ōtaki were among those who applied to the court for ownership of these lands, but the court awarded title to other iwi. Raukawa living in the area did not present evidence about their interests in Maungatautari to the court because the title investigation began in a period of uncertainty for Raukawa in the aftermath of the armed conflict that took place in the Waikato in 1863 and 1864. Raukawa contested the court's decision over several decades through parliamentary petitions, applications for re-hearings and subsequent court hearings.

(11) Raukawa assert that they have continued to maintain an association to Maungatautari. Many Raukawa hapū reside below Maungatautari and have settled the area for generations and had large gardens that grew wheat and other food.

(12) When the hydro-generation projects commenced along the Waikato River in the wider Maungatautari area, members of Raukawa were amongst the workforce that built the dams at Karapiro, Horahora and Arapuni.

(13) In the 1990s the monument “Te Taurapa o Te Ihingarangi” was erected near Maungatautari at Karapiro. Raukawa kaumātua played an important role in the unveiling of the monument and stood with Te Arikinui Te Atairangikāhu as she unveiled it.

(14) Today, Raukawa is an active member in the Maungatautari Ecological Island Trust.”

(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 the commercial property or a deferred selection property to the trustees; and

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

(2) As soon as is reasonably practicable after the date on which a deferred selection property (other than a Ministry of Education property) is transferred to the trustees, the chief executive of the land holding agency must give written notice of that date to the chief executive of LINZ for the purposes of section 18 (which relates to the cancellation of resumptive memorials).

(1) Immediately before the transfer of the Tokoroa Golf Club site to the trustees, the reservation of the site as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked.

(2) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation under subsection (1).

(3) Immediately on the transfer of the Tokoroa Golf Club site to the trustees, the site is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977 with the trustees as the administering body.

(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 the commercial property or a deferred selection 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 a deferred selection property that is to be transferred to the trustees under section 86.

(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 90 and 91, 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 86.

(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 89 and 90, the authorised person may grant a covenant for the later creation of a computer freehold register for the commercial property or any deferred selection 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 the commercial property or a deferred selection 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 86, 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) This section applies to the deferred selection property known as Waikeria Prison—

• (a) for which the land holding agency is the Department of Corrections; and

• (b) the ownership of which is to be transferred to the trustees; and

• (c) that, after the transfer, is to be subject to a lease back to the Crown.

(2) Section 24 of the Conservation Act 1987 does not apply to the transfer of the property.

(3) The transfer instrument for the transfer of the property must include a statement that the land is to become subject to section 94 upon the registration of the transfer.

(4) The Registrar-General must, upon the registration of the transfer of the property, record on any computer freehold register for the property that—

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

• (b) the land is subject to section 94.

(5) A notification made under subsection (4) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.

(1) This section applies if the lease referred to in section 93(1)(c) (or a renewal of that lease) terminates, or expires without being renewed, in relation to all or part of the property that is transferred subject to the lease.

(2) The transfer of the property is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 in relation to all or that part of the property.

(3) The registered proprietors of the property must apply in writing to the Registrar-General,—

• (a) if no part of the property remains subject to such a lease, to remove from the computer freehold register for the property any notifications that—

  • (i) section 24 of the Conservation Act 1987 does not apply to the property; and

  • (ii) the property is subject to this section; or

• (b) if only part of the property remains subject to such a lease (the leased part), to amend the notifications on the computer freehold register for the property to record that, in relation to the leased part only,—

  • (i) section 24 of the Conservation Act 1987 does not apply to that part; and

  • (ii) that part is subject to this section.

(4) The Registrar-General must comply with an application received in accordance with subsection (3) free of charge to the applicant.

(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 date on which settlement of the licensed land takes place 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 7 of the property redress schedule.

(1) On and from the date on which settlement of the licensed land takes place, 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, on and from the date on which settlement of the licensed land takes place,—

• (a) the trustees are entitled to the rental proceeds payable for the licensed land to the trustees of the Crown forestry rental trust under the 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) On the date on which settlement of the licensed land takes place, the Crown must give notice under section 17(4)(b) of the Crown Forest Assets Act 1989 in respect of the 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 date on which settlement of the licensed land takes place.

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

• (a) on and from the date on which settlement of the licensed land takes place; 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 96 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 date on which settlement of the licensed land takes place, it must continue those processes—

• (a) on and after that date; and

• (b) until the processes are completed.

(3) For the period between the date on which settlement of the licensed land takes place and the completion of the processes referred to in subsections (1) and (2), the licence fee payable under a Crown forestry licence in respect of the licensed land is the amount calculated in the manner described in paragraphs 7.24 and 7.25 of the property redress schedule.

(4) With effect on and from the date on which settlement of the licensed land takes place, 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.

On the date of transfer, the unlicensed land ceases to be Crown forest land and any Crown forestry assets associated with that land cease to be Crown forestry assets.

(1) After the transfer of any unlicensed land to the trustees, any lessee of that land under lease dated 31 May 1979 is to be treated as if the lessee had been appointed under section 24H(1) of the Conservation Act 1987 to be the manager of any marginal strip within the land.

(2) The lessee may do 1 or more of the following things in relation to the marginal strip:

• (a) exercise the powers of a manager under section 24H of the Conservation Act 1987:

• (b) establish, develop, grow, manage, replant, and maintain a forest on the marginal strip as if the marginal strip were subject to the lease:

• (c) exercise the lessee's rights under the lease as if the marginal strip were subject to the lease.

(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) A right of access over unlicensed land is subject to the terms of any lease—

• (a) granted before the date on which settlement of the land takes place; or

• (b) granted on or after the date on which settlement of the land takes place under a right of renewal contained in a lease granted before that date.

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

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

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

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

(1) This section applies to the transfer to the trustees of the licensed land or unlicensed 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 5,—

(1) In this subpart, RFR land means—

• (a) the land described in part 4 of the attachments that, on the settlement date, is—

  • (i) vested in the Crown; or

  • (ii) held in fee simple by the Crown or Housing New Zealand Corporation or the Waikato District Health Board; and

• (b) any land obtained in exchange for a disposal of RFR land under section 118(1)(c) or 119.

(2) Land ceases to be RFR land if—

• (a) the fee simple estate in the land transfers from the RFR landowner to—

  • (i) the trustees or their nominee (for example, under section 86 in the case of a deferred selection property or under a contract formed under section 111); or

  • (ii) any other person (including the Crown or a Crown body) under section 106(c); or

• (b) the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body—

  • (i) under any of sections 115 to 123 (which relate to permitted disposals of RFR land); or

  • (ii) under any matter referred to in section 124(1) (which specifies matters that may override the obligations of an RFR landowner under this subpart); or

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

• (d) the trustees give notice under section 126.

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

• (a) under any of sections 112 to 123; or

• (b) under any matter referred to in section 124(1); or

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

  • (i) made in accordance with section 107; and

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

  • (iii) not withdrawn under section 109; and

  • (iv) not accepted under section 110.

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

(2) The notice must include—

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

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

• (c) a street address for the land (if applicable); and

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

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

(2) However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees receive notice of the offer if—

• (a) the trustees received an earlier offer to dispose of the land; and

• (b) the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and

• (c) the earlier offer was not withdrawn.

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

(1) The trustees may, by notice to the RFR landowner who made an offer, accept the offer if—

• (a) it has not been withdrawn; and

• (b) its expiry date has not passed; and

• (c) in relation to the RFR land known as Waikeria Prison, the trustees have provided to the RFR landowner a copy of the consent of the Maniapoto Maori Trust Board to the trustee's acceptance of the offer.

(2) The trustees must accept all the RFR land offered, unless the offer permits them to accept less.

(3) In subsection (1)(c), Maniapoto Maori Trust Board means the board constituted under section 4 of the Maniapoto Trust Board Act 1988 and includes any entity that is named as the successor to the board by any enactment.

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

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

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

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

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

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

(5) The notice must specify—

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

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

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

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

• (a) the Crown; or

• (b) a Crown body.

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

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

(2) To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—

• (a) the RFR landowner of the land; and

• (b) subject to the obligations of an RFR landowner under this subpart.

(1) An RFR landowner may dispose of RFR land in accordance with section 26 or 26A of the Reserves Act 1977.

(2) To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—

• (a) the RFR landowner of the land; or

• (b) subject to the obligations of an RFR landowner under this subpart.

(3) However, if RFR land vests back in the Crown under section 25 or 27 of the Reserves Act 1977, the Crown becomes—

• (a) the RFR landowner of the land; and

• (b) subject to the obligations of an RFR landowner under this subpart.

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

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

• (a) a legal or an equitable obligation that—

  • (i) was unconditional before the settlement date; or

  • (ii) was conditional before the settlement date but became unconditional on or after the settlement date; or

  • (iii) arose after the exercise (whether before, on, or after the settlement date) of an option existing before the settlement date; or

• (b) the requirements, existing before the settlement date, of a gift, an endowment, or a trust relating to the land.

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

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

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

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

(1) An RFR landowner may dispose of RFR land in accordance with—

• (a) section 40(2) or (4) or 41 of the Public Works Act 1981 (including as applied by another enactment); or