In this subpart,—

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

The only purposes of the statutory acknowledgement are—

• (a) to require relevant consent authorities, the Environment Court, and the Historic Places Trust to have regard to the statutory acknowledgement, in accordance with sections 24 to 26; and

• (b) to 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) to enable the trustees and any member of Ngāti Koroki Kahukura to cite the statutory acknowledgement as evidence of the association of Ngāti Koroki Kahukura 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 Ngāti Koroki Kahukura may, as evidence of the association of Ngāti Koroki Kahukura 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 Ngāti Koroki Kahukura are precluded from stating that Ngāti Koroki Kahukura has an association with a statutory area that is not described in the statutory acknowledgement; and

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

(1) 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 2 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 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; and

• (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; and

• (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 and 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 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 Ngāti Koroki Kahukura 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 “Ngāti Koroki Kahukura Claims Settlement Act 2013”.

In this subpart,—

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

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

The fee simple estate in Tau Pakanga vests in the trustees.

The fee simple estate in Tunakawa vests in the trustees.

(1) The reservation of Koroki Kahukura ki Hinuera (being Horahora Gorge Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in Koroki Kahukura ki Hinuera vests in the trustees.

(3) Koroki Kahukura ki Hinuera is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(4) The reserve is named Koroki Kahukura ki Hinuera Scenic Reserve.

(5) The joint management body established by section 62 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.

(1) The fee simple estate in Taumatawiwi vests in the trustees.

(2) Taumatawiwi is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(3) The reserve is named Taumatawiwi Recreation Reserve.

(4) The joint management body established by section 62 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.

(5) This section is subject to section 51(2).

(1) The reservation of Te Reti (being Te Reti Road Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

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

(3) Te Reti is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(4) The reserve is named Te Reti Scenic Reserve.

(5) The joint management body established by section 62 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.

(1) The fee simple estate in Waikaukau vests in the trustees.

(2) Waikaukau is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(3) The reserve is named Waikaukau Recreation Reserve.

(4) The joint management body established by section 62 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.

(5) This section is subject to section 51(1).

(1) The fee simple estate in Ara Hinerua vests in the trustees.

(2) This section is subject to section 51(2).

(1) The fee simple estate in Horahora Island vests in the trustees.

(2) This section is subject to section 51(2).

(1) The fee simple estate in Kohi Wheua vests in the trustees.

(2) This section is subject to section 51(2).

(1) The fee simple estate in Koroki Kahukura ki Piarere vests in the trustees.

(2) This section is subject to section 51(2).

(1) The fee simple estate in Motu Aratau vests in the trustees.

(2) This section is subject to section 51(1).

(1) The fee simple estate in Te Kiwa and Te Uira vests in the trustees.

(2) This section is subject to section 51(2).

(1) The fee simple estate in Waitoa vests in the trustees.

(2) This section is subject to section 51(1).

(1) The fee simple estate in Whanatangi and Ihaia vests in the trustees.

(2) This section is subject to section 51(2).

(1) Sections 42, 47, and 49 do not take effect until the trustees have signed and provided to the Crown the deed of covenant required under clause 20.2(b) of the deed of easement 8672073.1 (computer interest register 544097) in the form set out in part 4 of the documents schedule.

(2) Sections 40, 43, 44, 45, 46, 48, and 50 do not take effect until the trustees have signed and provided to the Crown the deed of covenant required under clause 20.2(b) of the deed of easement 8672093.1 (computer interest register 544104) in the form set out in part 4 of the documents schedule.

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 2.

(1) This section applies to each reserve property while the property has an administering body that is treated as if the property were vested in it.

(2) This section applies to all or the part of the reserve property that remains a reserve under the Reserves Act 1977 (the reserve land).

(3) If the reserve property is affected by an interest in land listed for the property in Schedule 2, the interest applies as if the administering body were the grantor, or the grantee, as the case may be, of the interest in respect of the reserve land.

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

(5) Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 63.

(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 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 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; and

• (c) in the case of a Māori reservation property, record on the computer freehold register that the property is a Māori reservation to which section 68 of this Act applies.

(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 not 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—

• (a) the Director-General, for the following properties:

  • (i) Koroki Kahukura ki Hinuera:

  • (ii) Puahue:

  • (iii) Te Reti:

• (b) the chief executive of LINZ, for all other properties.

(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) Ara Hinerua:

• (b) Horahora Island:

• (c) Kohi Wheua:

• (d) Koroki Kahukura ki Hinuera:

• (e) Koroki Kahukura ki Piarere:

• (f) Motu Aratau:

• (g) Te Kiwa and Te Uira:

• (h) Te Reti:

• (i) Waitoa:

• (j) Whanatangi and Ihaia.

(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) If the operating easement is surrendered for all or part of a Māori reservation property, then 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.

(5) The trustees are appointed as the manager of the Whitehall Estate marginal strip (shown on deed plan OTS–180–15) as if that appointment were made under section 24H of the Conservation Act 1987.

(6) This section does not apply to Taumatawiwi or Waikaukau.

(1) The vesting of the fee simple estate in Taumatawiwi and Waikaukau 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 dispositions.

(2) Section 24 of the Conservation Act 1987 does not apply to the vesting of Taumatawiwi and Waikaukau.

(3) If, in relation to all or part of Taumatawiwi or Waikaukau, the reservation as a reserve is revoked and the operating easement is surrendered, 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) The Registrar-General must record on the computer freehold register,—

• (a) for a reserve property to which section 55 applies,—

  • (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 55(3) and 63; and

• (b) for a Māori reservation 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 section 55(4); and

• (c) for any other cultural redress property (except Taumatawiwi and Waikaukau), 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 to which section 55 applies, 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 55(3) and 63; 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) For a Māori reservation property, if the operating easement is surrendered for all or part of the property, the registered proprietors of the property must apply in writing to the Registrar-General to,—

• (a) if none of the property remains subject to the operating easement, 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 section 55(4); or

• (b) if part of the property remains subject to the operating easement (the subject part), amend the notifications on the computer freehold register for the property to record that, for the subject part only,—

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

  • (ii) that part is subject to section 55(4).

(5) The Registrar-General must comply with an application received in accordance with subsection (3) or (4), as relevant.

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

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

• (b) that the land is subject to sections 56(3) and 63.

(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 the property under this subpart is revoked for—

• (a) all of the property, and the operating easement has 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—

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

  • (ii) the property is subject to sections 56(3) and 63; or

• (b) part of the property, and the operating easement has been surrendered for that part of the property, the Register-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; or

• (c) all of the property, but the operating easement has not been surrendered, the Director-General must apply in writing to the Registrar-General to remove the notification that the property is subject to section 63 from the computer freehold register for the property; or

• (d) part of the property (the revoked part), but the operating easement has not been surrendered for the revoked part, the Registrar-General must—

  • (i) ensure that the notifications referred to in paragraph (a) (but not the notification that the land is subject to section 63) are recorded on the computer freehold register for the revoked part; and

  • (ii) ensure that the notifications referred to in paragraph (a) remain on the computer freehold register for the part of the property that remains a reserve.

(4) If the operating easement is surrendered for all or part of the property (and the reservation has been revoked), the registered proprietors of the property must apply in writing to the Registrar-General,—

• (a) if none of the property remains subject to the operating easement, to remove from the computer freehold register the notifications that—

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

  • (ii) the property is subject to section 56(3); or

• (b) if part of the property remains subject to the operating easement (the subject part), to amend the notifications on the computer freehold register for the property to record that, for the subject part only,—

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

  • (ii) that part is subject to section 56(3).

(5) The Registrar-General must comply with an application received in accordance with subsection (3) or (4), as relevant.

(6) For the avoidance of doubt, if the operating easement is surrendered in relation to all or part of the property but the reservation of the property or the part of the property has not been revoked, the notifications made under subsection (1) must not be removed from the computer freehold register.

(7) In this section, property means Taumatawiwi and Waikaukau or either 1 of them (as relevant).

(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.

(5) Section 108(9) of the Resource Management Act 1991 applies to the following cultural redress properties as if the properties were Maori land within the meaning of Te Ture Whenua Maori Act 1993:

• (a) Koroki Kahukura ki Hinuera:

• (b) Taumatawiwi:

• (c) Te Reti:

• (d) Waikaukau.

(6) Except as provided in section 68, nothing in Te Ture Whenua Maori Act 1993 applies to a cultural redress property.

(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) 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.

(2) Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve property.

(3) 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.

(4) 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.

(5) A reserve property must not have a name assigned to it or have its name 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 name.

(1) A joint management body is established for Koroki Kahukura ki Hinuera, Taumatawiwi, Te Reti, and Waikaukau.

(2) The following are appointers for the purposes of this section:

• (a) the trustees; and

• (b) the Waipa District Council.

(3) Each appointer may appoint 4 members to the joint management body.

(4) A member is appointed only if the appointer gives written notice with the following details to the other appointer:

• (a) the full name, address, and other contact details of the member; and

• (b) the date on which the appointment takes effect, which must be no earlier than the date of the notice.

(5) An appointment ends after 5 years or when the appointer replaces the member by making another appointment.

(6) A member may be appointed, reappointed, or discharged at the discretion of the appointer.

(7) Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a board.

(8) However,—

• (a) the first meeting of the body must be held no later than 2 months after the settlement date; and

• (b) the joint management body may adopt its own procedure for meetings, and that procedure will apply instead of section 32 of the Reserves Act 1977.

(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 64 or 65.

(3) In this section and sections 64 to 66, 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) When making an application to the Minister of Conservation under subsection (1), the registered proprietors must also apply in writing to the Waipa District Council for its consent to the transfer.

(4) A consent by the Waipa District Council to the transfer must be in writing and state whether, on registration of the new owners, the administering body is to be—

• (a) a new joint management body; or

• (b) the Waipa District Council.

(5) 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.

(6) 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) the written consent of the Waipa District Council; and

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

(7) From the time of registration of the new owners under this section, the administering body—

• (a) is the entity stated to be the administering body in the consent given under subsection (4) by the Waipa District Council; and

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

(8) If a new joint management body becomes the administering body, then section 62 (except for section 62(8)(a)) applies as if the reference in that section to the trustees is a reference to the new owners.

(9) If the Waipa District Council becomes the administering body, the Reserves Act 1977 applies to the reserve land as if the reserve land were vested in the council under section 26 of that Act.

(10) 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 the 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) This section applies to each Māori reservation property from the date that the property vests in the trustees.

(2) Each Māori reservation property is set apart as a Maori reservation as a place of cultural and historical interest as if each property were set apart under section 338(1) of Te Ture Whenua Maori Act 1993.

(3) Each Māori reservation property is held on trust by the trustees for the benefit of Ngāti Koroki Kahukura.

(4) Each Māori reservation property is held on trust on the following terms as if the Maori Land Court had set out the terms of the trust under section 338(8) of Te Ture Whenua Maori Act 1993:

• (a) each Māori reservation property is inalienable; and

• (b) each Māori reservation property must be held so as to restore and preserve land holdings within the homeland rohe of Ngāti Koroki Kahukura for the purpose of—

  • (i) recognising and supporting the relationship of Ngāti Koroki Kahukura and their culture and traditions with their ancestral lands; and

  • (ii) supporting the use of the land by members of Ngāti Koroki Kahukura for traditional purposes; and

  • (iii) recognising and taking account of the importance of the land in providing both cultural and material support for Ngāti Koroki Kahukura.

(5) No other provisions in Part 17 of Te Ture Whenua Maori Act 1993 nor any regulations made under section 338(15) of that Act apply to the Māori reservation properties except as follows:

• (a) the Maori Land Court has jurisdiction under section 338(8) of Te Ture Whenua Maori Act 1993 to amend the terms of the trust of a Maori reservation on application from the trustees, but must not amend or derogate from the terms in subsection (4); and

• (b) on the recommendation of the Maori Land Court, the chief executive of Te Puni Kokiri, by notice in the Gazette, may exclude from the Maori reservation any part of the land in the reservation or cancel the reservation in accordance with section 338(5)(a) or (b) of that Act.

(6) Sections 18(1)(c), 18(1)(d), 19(1)(a), 20, 24, 26, 194, and 342 of Te Ture Whenua Maori Act 1993 apply to the Māori reservation properties as if the properties were Maori freehold land.

(7) Section 108(9) of the Resource Management Act 1991 applies to the Māori reservation properties as if those properties were Maori land within the meaning of Te Ture Whenua Maori Act 1993.

(8) Nothing in this section affects the rights and obligations of the grantee of the operating easement.

(1) Maungatautari and the Waikato River are regarded by Ngāti Koroki Kahukura as tūpuna and living taonga. Maungatautari and the Waikato River continue to provide spiritual and physical sustenance to Ngāti Koroki Kahukura and are inextricably linked to the identity of Ngāti Koroki Kahukura. Maungatautari and the Waikato River are inseparable and indivisible.

(2) Maungatautari was named by the tohunga (high priest) Rakataura on board the Tainui waka, and both Koroki and Kahukura are his direct descendants. The Waikato River was named by Hoturoa the tumu ariki (highest chief) and captain of the Tainui waka. Again, both Koroki and Kahukura are his direct descendants.

(3) The world view of Ngāti Koroki Kahukura with regard to these tūpuna tūtohu whenua (ancestral environmental sites) is amplified in the maimai aroha (song of sorrow) composed by King Taawhiao Pootatau Te Wherowhero, the second Māori King. A particular verse is—

Kaaore i aarikarika a Maungatautari, a Maungaakawa ooku puke maunga he taonga tuku iho.

The plentiful bounties of Maungatautari and Maungākawa, the hills of my inheritance handed down unto me.

and—

Tooku awa koiora, ko oona pikonga he kura tangihia o te mataamuri.

My river of life, each curve more beautiful than the last.

(4) Ngāti Koroki Kahukura are inextricably bound to the maunga by virtue of whakapapa that derives from the creation stories of Ranginui and Papatūānuku. This interconnectedness lies at the heart of the way Ngāti Koroki Kahukura view the world and their taonga and is the basis of kaitiakitanga, which dictates, among other things, that the mauri of these taonga must be respected as a matter of priority.

(5) The maunga has a significant spiritual relevance for Ngāti Koroki Kahukura, who regard the maunga as a source of mana and an indicator of their own mauri or well-being. The maunga and its forests offered shelter and provided physical sustenance for Ngāti Koroki Kahukura, who maintained ahi kā roa through the turbulence of the 1830s, the last period of large-scale inter-tribal conflict, and have continued to live close to the mountain ever since.

(6) The people of Ngāti Koroki Kahukura are tāngata whenua of Maungatautari in the full sense of what it means to be tāngata whenua in accordance with their customs and culture.

(7) To Ngāti Koroki Kahukura, the Waikato River is a single indivisible being that includes its waters, banks, bed (and all minerals under it) and its streams, waterways, tributaries, lakes, fisheries, vegetation, floodplains, wetlands, islands, springs, water column, airspace, and substratum as well as its metaphysical being with its own mauri.

(8) Ngāti Koroki Kahukura are inextricably bound to the awa tupuna by virtue of whakapapa, which derives from the creation stories of Ranginui and Papatūānuku. This interconnectedness lies at the heart of the way Ngāti Koroki Kahukura view the world and waterways and is the basis of kaitiakitanga, which dictates, among other things, that the mauri of waterways must be respected as a matter of priority. The awa tupuna has traditional healing powers and a significant spiritual relevance for Ngāti Koroki Kahukura, who regard the awa as a source of mana and an indicator of their own mauri or well-being.

(9) The awa also provided physical sustenance. Its waters enabled lands to remain fertile, thereby allowing the gardens of Ngāti Koroki Kahukura to flourish. The awa tupuna yielded water fowl and aquatic foods such as fish and tuna, and the Arapuni region was known as te rohe o te tuna (the region of the plentiful eels). The awa tupuna was the principal communication link and highway of trade and transport, taking Ngāti Koroki Kahukura wheat, flax, and potatoes as far as Auckland to be exported to Sydney and the Americas.

The Crown acknowledges—

• (a) that Ngāti Koroki Kahukura hold dominant mana whenua, ahi kā roa, mana whakahaere, and kaitiaki status within the homeland rohe of Ngāti Koroki Kahukura, which encompasses—

  • (i) the Pukekura, Horahora, and Maungatautari land blocks:

  • (ii) the Waikato River within the Karapiro to Lake Arapuni subcatchment:

  • (iii) Maungatautari:

• (b) the leadership and generosity of Ngāti Koroki Kahukura in agreeing that the settlement of the historical claims of Ngāti Koroki Kahukura will provide for the fee simple estate in the land within the Maungatautari Mountain Scenic Reserve to be held by Te Hapori o Maungatautari — the Maungatautari community comprising iwi with customary interests in Maungatautari and members of the wider community connected with Maungatautari:

• (c) that Maungatautari is significant, too, for Ngāti Hauā, Raukawa, and Waikato-Tainui, who maintain associations with Maungatautari in accordance with their tikanga:

• (d) that Ngāti Koroki Kahukura are a river iwi.

(1) In sections 70 to 85,—

(2) For the purposes of sections 72(3), 78(6), and 79(3) and (5), the Registrar-General must, when creating or registering a computer freehold register in the name of Te Hapori o Maungatautari, create or register the computer freehold register in the name of Te Hapori o Maungatautari by citing the full definition of that term from subsection (1).

(1) On and from the settlement date, Te Hapori o Maungatautari is to be treated as the registered proprietor of Maungatautari Mountain Scenic Reserve.

(2) Subsection (1) applies until Te Hapori o Maungatautari becomes the registered proprietor of the reserve in accordance with subsection (3).

(3) The Registrar-General must, on written application by the Director-General,—

• (a) create, in the name of Te Hapori o Maungatautari, 1 computer freehold register for the fee simple estate in Maungatautari Mountain Scenic Reserve (within the meaning of paragraph (a) of that term as defined in section 71(1)); and

• (b) record on the computer freehold register—

  • (i) any interests that are registered, notified, or notifiable and that are described in the application; and

  • (ii) that the land is subject to this subpart; and

  • (iii) that the land is subject to Part 4A of the Conservation Act 1987; and

  • (iv) that, despite subparagraph (iii), the land is not subject to section 24 of that Act; and

  • (v) that the land is subject to section 11 of the Crown Minerals Act 1991.

(4) The notification under subsection (3)(b)(iii) that the 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.

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

(6) The Director-General must make the application referred to in subsection (3) within 24 months after the settlement date or by any later date that may be agreed in writing by the Crown and the trustees.

(7) Te Hapori o Maungatautari must not—

• (a) transfer or otherwise dispose of Maungatautari Mountain Scenic Reserve; or

• (b) mortgage or give a security interest in Maungatautari Mountain Scenic Reserve.

(1) Maungatautari Mountain Scenic Reserve is held for the use and enjoyment of the people of New Zealand.

(2) To avoid doubt, subsection (1) does not of itself confer any rights to any person on which a cause of action may be based.

(3) The Crown continues to have, in relation to Maungatautari Mountain Scenic Reserve, the rights and obligations of the holder of the fee simple estate.

(4) The treatment and registration of Te Hapori o Maungatautari as proprietor of Maungatautari Mountain Scenic Reserve under section 72 does not limit subsection (3).

(1) The Registrar-General must record on any computer freehold register for the Maungatautari Mountain Scenic Reserve that Ngāti Koroki Kahukura, Ngāti Hauā, Raukawa, and Waikato-Tainui have spiritual, ancestral, cultural, customary, and historical interests in the land within the Maungatautari Mountain Scenic Reserve.

(2) The recording of interests under subsection (1) does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Maungatautari Mountain Scenic Reserve.

(3) Subsections (4) and (5) apply to any person exercising any power or carrying out any function under this Act or the Reserves Act 1977 in relation to the Maungatautari Mountain Scenic Reserve.

(4) A person to whom this subsection applies must, so far as it is consistent with this Act or the Reserves Act 1977,—

• (a) consider and give significant weight to—

  • (i) the interests referred to in subsection (1); and

  • (ii) the statement of significance set out in section 69; and

  • (iii) other statements related to the significance of Maungatautari Mountain Scenic Reserve that are contained in deeds of settlement entered into between the Crown and Ngāti Hauā, Raukawa, and Waikato-Tainui or in any enactment giving effect to those deeds; and

  • (iv) the Crown acknowledgements set out in section 70; and

• (b) exercise the power or carry out the function in a manner that—

  • (i) is not inconsistent with the matters specified in paragraph (a)(i) to (iv); and

  • (ii) does not compromise a known archaeological site, wāhi tapu, or wāhi tupuna or cause it to be destroyed, damaged, or modified.

(5) A person to whom this subsection applies must, having exercised a power or carried out a function, make a written statement describing how the matters specified in subsection (4)(a)(i) to (iv) are reflected in the manner that the power was exercised or the function was carried out.

(1) Maungatautari Mountain Scenic Reserve is a scenic reserve for the purposes of section 19(1)(a) of the Reserves Act 1977.

(2) Subject to section 78(5), the reservation of Maungatautari Mountain Scenic Reserve as a reserve under the Reserves Act 1977 must not be revoked.

(3) Despite subsection (1), the reserve classification of Maungatautari Mountain Scenic Reserve may be reclassified in accordance with section 24 of the Reserves Act 1977.

(4) If the reserve classification of Maungatautari Mountain Scenic Reserve is reclassified in accordance with section 24 of the Reserves Act 1977,—

• (a) the name of the reserve also changes, but only to the extent necessary to reflect the new reserve classification; and

• (b) references in this subpart to Maungatautari Mountain Scenic Reserve are to be read as references to the reclassified reserve.

(5) Waipa District Council is the administering body of Maungatautari Mountain Scenic Reserve under section 28 of the Reserves Act 1977, unless and until its appointment as the administering body is revoked under that section.

(6) Waipa District Council must, within 6 months after the settlement date, review the management plan approved under section 41 of the Reserves Act 1977 (and, in particular, in accordance with section 41(5) and (6) of that Act).

(7) Waipa District Council must form a reference group with the trustees to assist with the conduct of the review.

(1) The Minister of Conservation has powers and functions under the Reserves Act 1977 in relation to Maungatautari Mountain Scenic Reserve as if it were a reserve vested in the Crown.

(2) However, the Minister of Conservation must not—

• (a) exchange any land comprising the reserve or part of the reserve under section 15 of that Act; or

• (b) revoke the reservation of the land as a reserve under section 24 of that Act; or

• (c) vest the reserve in other persons under section 26 of that Act.

(3) Despite subsection (2)(a), the Minister may authorise an exchange of land comprising part of the reserve in accordance with section 78.

(1) The Registrar-General must not accept for registration an instrument that relates to the Maungatautari Mountain Scenic Reserve unless the instrument—

• (a) complies with subsections (2) and (3); and

• (b) is in order for registration under the Land Transfer Act 1952.

(2) The instrument must be—

• (a) executed by or on behalf of the Crown—

  • (i) pursuant to a power or function under section 73(3) or 76(1); or

  • (ii) to give effect to an exchange of land under section 78; or

  • (iii) to give effect to an addition of land in accordance with section 79 or 80; or

• (b) executed by the administering body of the reserve pursuant to a power or function under the Reserves Act 1977 or pursuant to a power or function delegated to the administering body under section 10 of that Act; or

• (c) in any situation not described in paragraph (a) or (b), executed by the authorised representatives in accordance with section 82.

(3) The instrument must be accompanied by a certificate given by a solicitor that—

• (a) identifies the provision in subsection (2) that applies to the instrument; and

• (b) verifies that the instrument has been executed in accordance with this Act or the Reserves Act 1977; and

• (c) in the case of an instrument to give effect to an exchange of land, confirms that the Minister has complied with section 78(2).

(1) In this section,—

(2) The Minister may, by notice published in the Gazette, authorise the exchange of part of Maungatautari Mountain Scenic Reserve for private land if the Minister has obtained the written consent of the authorised representatives.

(3) Subsections (4) to (6) apply if the Registrar-General receives a transfer instrument that is in order for registration and contains a statement that the land described in the transfer instrument is to be exchanged in accordance with this section.

(4) The Registrar-General must record any entry on any computer freehold register and do anything else necessary to give effect to the exchange.

(5) On the registration of the transfer of the removed land, the removed land—

• (a) ceases to be subject to this subpart and to the Reserves Act 1977; and

• (b) is subject to—

  • (i) Part 4A of the Conservation Act 1987 (and is no longer exempt from section 24 (except subsection (2A)) of that Act); and

  • (ii) section 11 of the Crown Minerals Act 1991.

(6) The Registrar-General must—

• (a) register the transfer of the fee simple estate in the added land to the Crown; and

• (b) immediately register Te Hapori o Maungatautari as the proprietor of the fee simple estate in the added land; and

• (c) record on the computer freehold register the matters specified in section 81.

(1) Any Crown-owned land that does not form part of the Maungatautari Mountain Scenic Reserve may, with the consent of the authorised representatives, be added to the reserve in accordance with this section.

(2) Subsection (3) applies to Crown-owned land that is to be added to the reserve, but only to the extent that the land is all of the land contained in a computer freehold register.

(3) The Registrar-General must, in accordance with a written application by the Director-General,—

• (a) register Te Hapori o Maungatautari as the proprietor of the fee simple estate in the land; and

• (b) record on the computer freehold register the matters specified in section 81.

(4) Subsection (5) applies to Crown-owned land that is to be added to the reserve, but only to the extent that subsection (2) does not apply to the land.

(5) The Registrar-General must, in accordance with a written application by the Director-General,—

• (a) create a computer freehold register for the fee simple estate in the land in the name of Te Hapori o Maungatautari; and

• (b) record on the computer freehold register the matters specified in section 81.

(1) Any private land may, with the consent of the authorised representatives, be added to the reserve in accordance with this section.

(2) Subsection (3) applies to private land that is to be added to the reserve.

(3) The Registrar-General must, on receipt of a transfer instrument that is in order for registration and contains a statement that the land described in the transfer instrument is to be added to Maungatautari Mountain Scenic Reserve in accordance with this section,—

• (a) register the transfer of the fee simple estate in the land to the Crown; and

• (b) immediately register Te Hapori o Maungatautari as the proprietor of the fee simple estate in the land; and

• (c) record on the computer freehold register the matters specified in section 81.

(1) The Registrar-General must record on the computer freehold register for land added to Maungatautari Mountain Scenic Reserve in accordance with section 78, 79, or 80 that—

• (a) the land is held as part of Maungatautari Mountain Scenic Reserve and is subject to this subpart; and

• (b) the land is subject to Part 4A of the Conservation Act 1987; and

• (c) despite paragraph (b), the land is not subject to section 24 of that Act; and

• (d) the land is subject to section 11 of the Crown Minerals Act 1991.

(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) The Registrar-General must record any entry on the computer freehold register and do anything else necessary to give effect to the addition of land to the reserve.

(1) This section applies to any deed, contract, or other instrument that—

• (a) Te Hapori o Maungatautari, as the registered proprietor of the fee simple estate in Maungatautari Mountain Scenic Reserve, is required to execute; and

• (b) cannot be executed by the Crown (despite section 73(3)) or by the administering body.

(2) The deed, contract, or other instrument must be executed on behalf of Te Hapori o Maungatautari by its authorised representatives.

(3) The authorised representatives of Te Hapori o Maungatautari are—

• (a) the chairperson of the Taumatawiwi Trust:

• (b) the chairperson of the Ngāti Hauā Iwi Trust:

• (c) the chairperson of the Raukawa Settlement Trust:

• (d) the chairperson of Te Arataura:

• (e) the mayor of the Waipa District Council.

(4) If at any time any of the entities listed in subsection (3)(a) to (d) has more than 1 chairperson, only 1 of them may act as an authorised representative for that entity.

(5) A deed, contract, or other instrument is to be taken as executed by the authorised representatives on behalf of Te Hapori o Maungatautari if—

• (a) the deed, contract, or other instrument is executed by—

  • (i) the mayor of the Waipa District Council; and

  • (ii) 3 other authorised representatives; and

• (b) written notice is given to each of the authorised representatives before the deed, contract, or other instrument is executed.

(6) An authorised representative is not personally liable in respect of any act done or omitted in good faith in the course of performing or exercising the authorised representative's functions or powers.

(1) Maungatautari Mountain Scenic Reserve is held subject to, or with the benefit of, the interests affecting the reserve from time to time, including, on the settlement date, the interests listed in the second column of the table in Schedule 3.

(2) Any arrangement relating to the management of the Maungatautari Mountain Scenic Reserve (including any arrangement relating to infrastructure for activities on the reserve) entered into before the settlement date between the administering body and a third party remains unaffected.

(3) Subsection (4) applies to any interest—

• (a) under a lease, licence, permit, easement, or statutory authorisation (including any right to a renewal or extension of that interest) granted in respect of Maungatautari Mountain Scenic Reserve (within the meaning of paragraph (a) of that term as defined in section 71); and

• (b) that was in effect immediately before the settlement date.

(4) An interest to which this subsection applies continues to have effect, so far as it is lawful, according to its tenor and as if the grantor of any such interest immediately before the settlement date continues to be the grantor.

(5) Subsections (6) and (7) apply to any structure fixed to, or under or over, any part of Maungatautari Mountain Scenic Reserve.

(6) A structure to which this subsection applies is to be regarded as personal property and not as land or as an interest in land.

(7) If, immediately before the settlement date, a person had an interest in a structure to which this subsection applies, that person continues to have that interest in the structure as personal property until the person's interest is changed by a disposition or by operation of law.

(8) In relation to any land that is added to the reserve under section 78, 79, or 80, the Crown remains the grantee or grantor (as the case may be) of any interest relating to the land immediately before the land is added to the reserve.

(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 Maungatautari Mountain Scenic Reserve and that was in force immediately before the settlement date.

(2) Despite section 72, 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) The following provisions apply to the Maungatautari Mountain Scenic Reserve as if the reserve were Maori customary land:

• (a) section 28 of the Limitation Act 2010:

• (b) section 8 of the Local Government (Rating) Act 2002:

• (c) sections 104, 145, and 342 of Te Ture Whenua Maori Act 1993.

(2) Section 108(9) of the Resource Management Act 1991 applies to Maungatautari Mountain Scenic Reserve as if the reserve were Maori land within the meaning of Te Ture Whenua Maori Act 1993.

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

• (a) the registration of Te Hapori o Maungatautari as the proprietor of the fee simple estate in Maungatautari Mountain Scenic Reserve under section 72; or

• (b) the creation of a computer freehold register for the purposes of an exchange of land under section 78 or an addition of land to the reserve under section 79 or 80; or

• (c) any matter incidental to, or required for the purpose of, the matters described in paragraphs (a) and (b).

(4) The registration of Te Hapori o Maungatautari as the proprietor of Maungatautari Mountain Scenic Reserve under section 72 (including the treatment of Te Hapori o Maungatautari as the registered proprietor under section 72(1))—

• (a) does not limit section 10 or 11 of the Crown Minerals Act 1991; and

• (b) is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24, 24A, and 24AA of that Act do not apply to the disposition.

In this section and sections 87 to 96, unless the context otherwise requires,—

• (a) each of the deeds referred to in the definition of deed in section 7(2) of the 2010 Act; and

• (b) the deed of settlement between the Crown and Waikato-Tainui in relation to the Waikato River dated 17 December 2009

(1) Section 40 of the Waikato-Tainui Act applies to a person carrying out functions or exercising powers under the conservation legislation in relation to the Waikato River to the extent that it is within the sub-catchment.

(2) In subsection (1), conservation legislation means the Conservation Act 1987 and the enactments listed in Schedule 1 of that Act.

(1) The joint management agreement dated 18 June 2013 between the Waikato Raupatu River Trust and the Waikato Regional Council, entered into in accordance with section 41(1) of the Waikato-Tainui Act, applies to the Waikato River to the extent that it is within the sub-catchment and to activities in the sub-catchment affecting the Waikato River.

(2) The joint management agreement dated 27 September 2013 between the Waikato Raupatu River Trust and the Waipa District Council, entered into in accordance with section 41(1) of the Waikato-Tainui Act, applies to the Waikato River to the extent that it is within the sub-catchment and to activities in the sub-catchment affecting the Waikato River.

(1) The Waikato Raupatu River Trust and the South Waikato District Council may agree in writing to enter into a joint management agreement to apply to the Waikato River to the extent that it is within the sub-catchment and to activities in the sub-catchment affecting the Waikato River.

(2) The joint management agreement must be generally in the form set out in Part 5 of the schedule of the deed of settlement between the Crown and Waikato-Tainui in relation to the Waikato River dated 17 December 2009.

(3) Sections 41(2) and 42 to 55 of the Waikato-Tainui Act apply to the joint management agreement with any necessary modifications.

(4) For the purposes of this section, each reference in section 48 of the Waikato-Tainui Act to the settlement date is to be read as a reference to the date on which the Waikato Raupatu River Trust and the South Waikato District Council agree to enter into the joint management agreement.

(1) A regulation that is made under section 93(1) of the Waikato-Tainui Act or section 58(1) of the 2010 Act may be made with application to the Waikato River to the extent that it is within the sub-catchment if the regulation is expressed to apply to that area.

(2) However, a regulation may not be made under section 93(1) of the Waikato-Tainui Act or section 58(1) of the 2010 Act that is expressed to apply to the Waikato River to the extent that it is within the sub-catchment unless the regulation is consistent with—

• (a) the overarching purpose described in section 3 of the Waikato-Tainui Act; and

• (b) the overarching purpose described in section 3 of the 2010 Act.

(3) For the purposes of this section, only 1 regulation or 1 set of regulations may apply to the Waikato River to the extent that it is within the sub-catchment, and the single regulation or single set of regulations must be made under both section 93(1) of the Waikato-Tainui Act and section 58(1) of the 2010 Act.

(1) A regulation that is made in accordance with section 93(3) of the Waikato-Tainui Act, to the extent that the regulation provides for the Waikato Raupatu River Trust to manage customary fishing in the Waikato River, applies to the Waikato River to the extent that it is within the sub-catchment.

(2) The regulation must state the effect of subsection (1), but the omission to do so does not affect the validity of the regulation.

(1) A regulation that is made in accordance with section 93(4) of the Waikato-Tainui Act, to the extent that the regulation provides for the Waikato Raupatu River Trust to recommend the making of bylaws, must also be taken to provide for the Waikato Raupatu River Trust to recommend the making of bylaws in respect of the Waikato River to the extent that it is within the sub-catchment.

(2) The regulation must state the effect of subsection (1), but the omission to do so does not affect the validity of the regulation.

(1) This section applies where—

• (a) regulations have been made in accordance with section 93(4) of the Waikato-Tainui Act and in accordance with section 58(3) of the 2010 Act; and

• (b) under those regulations, as amplified by section 92, the Waikato Raupatu River Trust and the trustees of each Trust referred to in section 6(1) of the 2010 Act (the contributing parties) may recommend the making of bylaws in respect of the Waikato River to the extent that it is within the sub-catchment.

(2) In exercising their powers to recommend a bylaw in respect of the sub-catchment, the contributing parties—

• (a) must, after co-operation between them, recommend a joint bylaw in written form; and

• (b) must recommend only a bylaw that is consistent with the overarching purpose of each of the Waikato-Tainui Act and the 2010 Act.

(3) The Minister for Primary Industries must make any bylaw recommended under subsection (2), unless the Minister is satisfied that the proposed bylaw would have an undue adverse effect on fishing.

(4) A bylaw that is made on the recommendation of the contributing parties in accordance with subsection (2)—

• (a) is taken to be made both under section 93(5) of the Waikato-Tainui Act and under section 58(4) of the 2010 Act; and

• (b) takes effect in the Waikato River to the extent that it is within the sub-catchment on a date notified in the Gazette by the Minister for Primary Industries.

(1) The conservation and fisheries components of the integrated river management plan referred to in section 35(3)(a) and (b) respectively of the Waikato-Tainui Act may contain provisions that apply to the Waikato River to the extent that it is within the sub-catchment.

(2) The Waikato Raupatu River Trust and the Waikato Regional Council may agree that the provisions of the regional council component of the integrated river management plan referred to in section 35(3)(c) of the Waikato-Tainui Act apply to the Waikato River to the extent that it is within the sub-catchment, and those provisions apply according to the terms of the agreement.

(3) The Waikato Raupatu River Trust and an agency that has agreed a component of the integrated river management plan referred to in section 35(3)(d) of the Waikato-Tainui Act may agree that provisions of the component apply to the Waikato River to the extent that it is within the sub-catchment, and those provisions apply according to the terms of the agreement.

Provisions of components that, under section 94, apply to the Waikato River within the sub-catchment must be prepared in accordance with Schedule 7 of the Waikato-Tainui Act with any necessary modifications, including the modifications set out in section 96.

(1) This section applies to the preparation of—

• (a) provisions of components of the integrated river management plan to the extent that those provisions apply to the Waikato River within the sub-catchment under section 94:

• (b) provisions of components of the Upper Waikato River integrated management plan to the extent that those provisions apply to the Waikato River within the sub-catchment in accordance with Part 2 of the 2010 Act.

(2) The processes in Schedule 7 of the Waikato-Tainui Act and Schedule 5 of the 2010 Act must be carried out simultaneously as a single co-operative process involving the following parties (the contributing parties):

• (a) the Waikato Raupatu River Trust; and

• (b) the trustees of each Trust referred to in section 6(1) of the 2010 Act relevant to the particular component; and

• (c) the department, local authority, or agency relevant to the particular component.

(3) References in Schedule 7 of the Waikato-Tainui Act to—

• (a) the integrated river management plan and the plan are to be read as references to a provision referred to in subsection (1); and

• (b) the draft plan are to be read as references to a draft provision.

(4) In preparing a provision referred to in subsection (1), the contributing parties, after co-operation among them, must agree joint provisions that are consistent with both the overarching purpose and provisions of the Waikato-Tainui Act relating to the integrated river management plan and the overarching purpose and provisions of the 2010 Act relating to the Upper Waikato River integrated management plan.

(5) Once the joint provisions are agreed in accordance with this section and section 95, those provisions must be taken—

• (a) to be part of the relevant component of the integrated river management plan and to apply to the Waikato River to the extent that it is within the sub-catchment in accordance with the provisions of the Waikato-Tainui Act; and

• (b) to be part of the relevant component of the Upper Waikato River integrated management plan and to apply to the Waikato River to the extent that it is within the sub-catchment in accordance with the provisions of the 2010 Act.

(6) This section and sections 94 and 95 do not affect the preparation of and approval of—

• (a) components of the integrated river management plan that apply to the Waikato River in accordance with the Waikato-Tainui Act; or

• (b) components of the Upper Waikato River integrated management plan that apply to the Waikato River outside the sub-catchment in accordance with the 2010 Act.

(1) Ngāti Koroki Kahukura may formulate iwi objectives for the Waikato River for the purposes of—

• (a) section 20(2)(a)(iv) of the Waikato-Tainui Act; and

• (b) section 21(2)(a)(ii) of the 2010 Act.

(2) If Ngāti Koroki Kahukura formulates iwi objectives, it must do so in accordance with this section.

(3) The iwi objectives must be consistent with the overarching purposes specified in section 3 of the Waikato-Tainui Act and section 3 of the 2010 Act.

(4) The trustees must make the iwi objectives available for inspection by the public at the offices of the Taumatawiwi Trust and provide copies to—

• (a) every local authority, within the meaning of paragraph (a) of the definition of local authority in section 6(3) of the Waikato-Tainui Act and of paragraph (a) of the definition of local authority in section 7(2) of the 2010 Act; and

• (b) the Minister for the Environment.

(5) The iwi objectives are effective from the date on which the trustees comply with subsection (4).

(6) Ngāti Koroki Kahukura may amend the iwi objectives, and subsections (2) to (5) apply to the formulation of amended iwi objectives with any necessary modifications.

(1) To the extent that instruments under the Waikato-Tainui Act apply to the sub-catchment in accordance with this subpart, they do not derogate from—

• (a) the interests referred to in clause 13.11.1 of the Raukawa co-management deed; or

• (b) the statement of significance set out in clause 2.3 of the Raukawa co-management deed.

(2) To the extent that instruments under the 2010 Act apply to the sub-catchment in accordance with this subpart, they do not derogate from—

• (a) the interests referred to in the Crown acknowledgements set out in section 70; or

• (b) the statement of significance set out in section 69.

To give effect to part 8 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.

(1) This section applies to each commercial redress property that is to be transferred to the trustees under section 100.

(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 section 102, authorised person means a person authorised by the chief executive of the land holding agency for the relevant property.

(1) For the purposes of section 101, the authorised person may grant a covenant for the later creation of a computer freehold register for a 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 100, 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 commercial redress property described as the balance Puahue quarry property in part 3 of the property redress schedule.

(2) Immediately before the transfer under section 100, the property's reservation as a local purpose reserve subject to the Reserves Act 1977 is revoked.

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

In this subpart and Schedule 4,—

(1) In this subpart, RFR land means—

• (a) the land that is within the RFR area that, on the settlement date, is—

  • (i) vested in the Crown; or

  • (ii) held in fee simple by the Crown; or

  • (iii) a reserve vested in an administering body that derived title to the reserve from the Crown and that would, on the application of section 25 or 27 of the Reserves Act 1977, revest in the Crown; and

• (b) any land obtained in exchange for a disposal of RFR land under section 119(1)(c) or 120.

(2) RFR land does not include a commercial redress property.

(3) 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; or

  • (ii) any other person (including the Crown or a Crown body) under section 107(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 116 to 122 (which relate to permitted disposals of RFR land); or

  • (ii) under any matter referred to in section 123(1) (which specifies matters that may override the obligations of an RFR landowner under this subpart); or

• (ba) the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 131; or

• (c) the RFR period for the land ends.

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 113 to 122; or

• (b) under any matter referred to in section 123(1); or

• (ba) in accordance with a waiver or variation given under section 131; 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 108; 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 110; and

  • (iv) not accepted under section 111.

(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 or electronic address 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 40 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 20 working days after the date on which the trustees receive notice of the offer if—

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

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

• (c) the earlier offer was not withdrawn.

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

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

• (a) it has not been withdrawn; and

• (b) its expiry date has not passed.

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

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

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

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

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

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

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