Te Hiku Claims Settlement Bill

enacted

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Hon Christopher Finlayson

Te Hiku Claims Settlement Bill

Pire Kāwanatanga

Government Bill

201—2

	Ngā Kōrero
	Commentary
	Key
1	Title
2	Commencement
	Part 1 Preliminary matters, acknowledgements and apology, and settlement of Ngāti Kuri historical claims
	Preliminary matters
3	Purpose
4	Provisions to take effect on settlement date
5	Act binds the Crown
6	Outline
	Summary of historical account, acknowledgements, and apology of the Crown
7	Summary of historical account, acknowledgements, and apology
8	Summary
9	Acknowledgements
10	Apology
	Interpretation provisions
11	Interpretation of Parts 1 to 3 generally
12	Interpretation
13	Meaning of Ngāti Kuri
14	Meaning of historical claims
	Historical claims settled and jurisdiction of courts, etc, removed
15	Settlement of historical claims final
	Amendment to Treaty of Waitangi Act 1975
16	Amendment to Treaty of Waitangi Act 1975
	Resumptive memorials no longer to apply
17	Certain enactments do not apply
18	Resumptive memorials to be cancelled
	Miscellaneous matters
19	Rule against perpetuities does not apply
20	Access to deed of settlement
21	Provisions of other Acts that have same effect
	Part 2 Cultural redress for Ngāti Kuri
	Subpart 1—Vesting of cultural redress properties
22	Interpretation
	Properties vested in fee simple
23	Murimotu Island
24	The Pines Block
25	Te ~~Hapua~~ Hāpua School site B
26	Vesting and alternative description of Te ~~Hapua~~ Hāpua School site B in specified circumstances
27	Tirirangi Urupā
	Properties vested in fee simple subject to conservation covenant
28	Mokaikai Pā
29	Wairoa Pā
30	Wharekawa Pā
	Properties vested in fee simple to be administered as reserves
31	Kapowairua
32	Mokaikai
33	Te Raumanuka
34	Te Rerenga Wairua
35	Mai i Waikanae ki Waikoropūpūnoa
36	Mai i Hukatere ki Waimahuru
37	Mai i Ngāpae ki Waimoho
38	Mai i Waimimiha ki Ngāpae
39	Application of Crown forestry licence
	Lake and lakebed properties vested in fee simple
40	Bed of Lake Ngākeketo
41	Lake Ngākeketo Recreation Reserve
42	Waihopo Lake property
43	Conditions applying to use of Waihopo Lake property
	General provisions applying to vesting of cultural redress properties
44	Properties vest subject to or together with interests
45	Interests in land for certain reserve properties
46	Interests that are not interests in land
47	Vesting of share of fee simple estate in property
48	Registration of ownership
49	Application of Part 4A of Conservation Act 1987
50	Matters to be recorded on computer freehold register
51	Application of other enactments
52	Minister of Conservation may grant easements
53	Names of Crown protected areas discontinued
	Further provisions applying to reserve properties
54	Application of other enactments to reserve properties
55	Joint management body for Beach sites A, B, C, and D
56	Subsequent transfer of reserve land
57	Transfer of reserve land to new administering body
58	Transfer of reserve land to trustees of existing administering body if trustees change
59	Reserve land not to be mortgaged
60	Saving of bylaws, etc, in relation to reserve properties
	Subpart 2—Te Oneroa-a-Tohe redress
	Interpretation
61	Interpretation
	Removal of conservation area status
62	Status of Central and South Conservation Areas and Ninety Mile Beach marginal strip
	Establishment, status, purpose, and membership of Board
63	Establishment and status of Board
64	Purpose of Board
65	Appointment of members of Board
66	Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress
	Functions and powers of Board
67	Functions and powers of Board
68	Power of Board to make requests to beach management agencies
	Resource consent applications
69	Criteria for appointment of commissioners
70	Procedure for appointing hearing panel
71	Obligation of Councils
72	Obligation of Board
	Beach management plan
73	Preparation and approval of beach management plan
74	Purpose and contents of beach management plan
	Effect of beach management plan on specified planning documents
75	Effect of beach management plan on RMA planning documents
76	Effect of beach management plan on conservation documents
77	Effect of beach management plan on local government decision making
	Application of other Acts
78	Application of other Acts to Board
	Subpart 3—Korowai
79	Interpretation
	Overview of, and background to, korowai redress
80	Overview and background
	Te Hiku o Te Ika Conservation Board established
81	Establishment of Te Hiku o Te Ika Conservation Board
82	Role and jurisdiction of Northland Conservation Board to cease
	Constitution of Te Hiku o Te Ika Conservation Board
83	Appointment of members of Te Hiku o Te Ika Conservation Board
84	Interim participation of Ngāti Kahu on Conservation Board
	Conservation management strategy
85	Northland CMS
86	Status, effect, and certain contents of Te Hiku CMS
	Preparation of draft Te Hiku CMS
87	Preliminary agreement
88	Draft document to be prepared
89	Notification of draft document
90	Submissions
91	Hearing
92	Revision of draft document
	Approval process
93	Submission of draft document to Conservation Authority
94	Approval of Te Hiku CMS
95	Effect of approval of Te Hiku CMS
	Review and amendment of Te Hiku CMS
96	Review procedure
97	Review in relation to Ngāti Kahu area of interest
98	Amendment procedure
	Process to be followed if disputes arise
99	Dispute resolution
100	Mediation
101	Effect of dispute process on prescribed time limits
	Access to Conservation Authority and Minister of Conservation
102	New Zealand Conservation Authority
103	Minister of Conservation
	Decision-making framework
104	Acknowledgement of section 4 of Conservation Act 1987
	Transfer of decision-making and review functions
105	Customary materials plan
106	Wāhi tapu framework
107	Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
	Relationship agreement
108	Relationship agreement
	Subpart 4—Statutory acknowledgement
109	Interpretation
	Statutory acknowledgement
110	Statutory acknowledgement by the Crown
111	Purposes of statutory acknowledgement
112	Relevant consent authorities to have regard to statutory acknowledgement
113	Environment Court to have regard to statutory acknowledgement
~~114~~	~~Historic Places Trust and Environment Court to have regard to statutory acknowledgement~~
114	Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
115	Recording statutory acknowledgement on statutory plans
116	Provision of summary or notice to trustees
117	Use of statutory acknowledgement
	General provisions relating to statutory acknowledgement
118	Application of statutory acknowledgement to river or stream
119	Exercise of powers and performance of functions and duties
120	Rights not affected
	Consequential amendment to Resource Management Act 1991
121	Amendment to Resource Management Act 1991
	Subpart 5—Protocols
122	Interpretation
	General provisions applying to protocols
123	Issuing, amending, and cancelling protocols
124	Protocols subject to rights, functions, and duties
125	Enforcement of protocols
	Crown minerals
126	Protocol with Minister of Energy and Resources
	~~Culture and heritage~~ Taonga tūturu protocol
127	~~Culture and heritage~~ Taonga tūturu protocol
	Fisheries
128	Fisheries protocol
	Subpart 6—Fisheries advisory committees
129	Interpretation
	Ngāti Kuri fisheries advisory committee
130	Appointment of Ngāti Kuri fisheries advisory committee
	Joint fisheries advisory committee
131	Appointment of joint fisheries advisory committee
	Subpart 7—Official geographic names
132	Interpretation
133	Official geographic names
134	Publication of official geographic names
135	Subsequent alteration of official geographic names
	Part 3 Commercial redress
136	Interpretation
	Subpart 1—Transfer of commercial redress properties
137	The Crown may transfer properties
138	Transfer of share in fee simple estate in property
139	Minister of Conservation may grant easements
140	Computer freehold registers for commercial redress properties
141	Computer freehold register for Peninsula Block
142	Authorised person may grant covenant for later creation of computer freehold register
143	Application of other enactments
144	Transfer of Te Paki Station
	Subpart 2—Licensed land
145	Peninsula Block ceases to be Crown forest land
146	Relevant trustees are confirmed beneficiaries and licensors
147	Effect of transfer of Peninsula Block
148	Licence splitting process must be completed
	Subpart 3—Access to protected sites
	Right of access
149	Right of access to protected sites
150	Right of access over Peninsula Block
151	Right of access to be recorded on computer freehold register
	Subpart 4—Right of first refusal over RFR land
	Interpretation
152	Interpretation
153	Meaning of RFR land
	Restrictions on disposal of RFR land
154	Restrictions on disposal of RFR land
	Trustees’ right of first refusal
155	Requirements for offer
156	Expiry date of offer
157	Withdrawal of offer
158	Acceptance of offer
159	Formation of contract
	Disposals to others but land remains RFR land
160	Disposal to the Crown or Crown bodies
161	Disposal of existing public works to local authorities
162	Disposal of reserves to administering bodies
	Disposals to others where land may cease to be RFR land
163	Disposal in accordance with enactment or rule of law
164	Disposal in accordance with legal or equitable obligations
165	Disposal under certain legislation
166	Disposal of land held for public works
167	Disposal for reserve or conservation purposes
168	Disposal for charitable purposes
169	Disposal to tenants
170	Disposal by Housing New Zealand Corporation
	RFR landowner obligations
171	RFR landowner’s obligations subject to other matters
	Notices about RFR land
172	Notice to LINZ of RFR land with computer register after RFR date
173	Notice to trustees of offer trusts of disposal of RFR land to others
174	Notice to LINZ of land ceasing to be RFR land
175	Notice requirements
	Right of first refusal recorded on computer registers
176	Right of first refusal recorded on computer registers for RFR land
177	Removal of notifications when land to be transferred or vested
178	Removal of notifications when RFR period ends
	General provisions applying to right of first refusal
179	Waiver and variation
180	Disposal of Crown bodies not affected
181	Assignment of rights and obligations under this subpart
	Part 4 Preliminary matters, acknowledgements and apology, and settlement of Te Aupouri historical claims
	Preliminary matters
182	Purpose
183	Provisions to take effect on settlement date
184	Act binds the Crown
185	Outline
	Summary of historical background
186	Summary of historical background to claims by Te Aupouri
187	Acknowledgements and apology
188	Acknowledgements
189	The Crown’s apology to Te Aupouri
	Interpretation
190	Interpretation of Parts 4 to 7 generally
191	Interpretation
192	Meaning of Te Aupouri
193	Meaning of historical claims
	Historical claims settled and jurisdiction of courts, etc, removed
194	Settlement of historical claims final
	Amendment to Treaty of Waitangi Act 1975
195	Amendment to Treaty of Waitangi Act 1975
	Resumptive memorials no longer to apply
196	Certain enactments do not apply
197	When resumptive memorials must be cancelled
	Miscellaneous matters
198	Rule against perpetuities does not apply
199	Access to deed of settlement
200	Provisions of other Acts that have same effect
	Part 5 Te Aupouri cultural redress
	Subpart 1—Vesting of cultural redress properties
201	Interpretation
	Properties vested in fee simple
202	Hukatere Pā
203	Murimotu Island
204	Te Kao School site A
205	Waiparariki (Te Kao 76 and 77B)
	Properties vested in fee simple subject to conservation covenants
206	Kahokawa
207	Maungatiketike Pā
208	Pitokuku Pā
209	Taurangatira Pā
210	Te Rerepari
	Properties vested in fee simple to be administered as reserves
211	Te Ārai Conservation Area
212	Te Ārai Ecological Sanctuary
213	Te Tomo a Tāwhana (Twin Pā Sites)
214	Mai i Waikanae ki Waikoropūpūnoa
215	Mai i Hukatere ki Waimahuru
216	Mai i Ngāpae ki Waimoho
217	Mai i Waimimiha ki Ngāpae
218	Application of Crown forestry licence
219	Lake Ngākeketo Recreation Reserve
	Lake and lakebed properties vested in fee simple
220	Bed of Lake Ngākeketo
221	Waihopo Lake property
222	Effect of vesting Waihopo Lake property
	General provisions applying to vesting of cultural redress properties
223	Properties vest subject to, or together with, interests
224	Vesting of share of fee simple estate
225	Interests in land for certain reserve properties
226	Minister of Conservation may grant easements
227	Registration of ownership
228	Application of Part 4A of Conservation Act 1987
229	Matters to be recorded on computer freehold register
230	Removal of notifications from computer freehold register
231	Application of other enactments
232	Names of Crown protected areas discontinued
	Provisions relating to reserve properties
233	Application of other enactments to reserve properties
234	Subsequent transfer of reserve land
235	Registration of subsequent transfer
236	New owners to be administering body
	Management of Beach sites A, B, C, and D
237	Joint management body for Beach sites A, B, C, and D
238	Subsequent transfer of Beach sites A, B, C, and D
239	Reserve land not to be mortgaged
240	Saving of bylaws, etc, in relation to reserve properties
	Subpart 2—Te Oneroa-a-Tohe redress
	Interpretation
241	Interpretation
	Removal of conservation area status
242	Status of Central and South Conservation Areas and Ninety Mile Beach Marginal Strip
	Establishment, status, purpose, and membership of Board
243	Establishment and status of Board
244	Purpose of Board
245	Appointment of members of Board
246	Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress
	Functions and powers of Board
247	Functions and powers of Board
248	Power of Board to make requests to beach management agencies
	Resource consent applications
249	Criteria for appointment of commissioners
250	Procedure for appointing hearing panel
251	Obligation of Councils
252	Obligation of Board
	Beach management plan
253	Preparation and approval of beach management plan
254	Purpose and contents of beach management plan
	Effect of beach management plan on specified planning documents
255	Effect of beach management plan on RMA planning documents
256	Effect of beach management plan on conservation documents
257	Effect of beach management plan on local government decision making
	Application of other Acts
258	Application of other Acts to Board
	Subpart 3—Korowai
259	Interpretation
	Overview of, and background to, korowai redress
260	Overview and background
	Te Hiku o Te Ika Conservation Board established
261	Establishment of Te Hiku o Te Ika Conservation Board
262	Application of Conservation Act 1987 to Conservation Board
263	Role and jurisdiction of Northland Conservation Board to cease
	Constitution of Te Hiku o Te Ika Conservation Board
264	Appointment of members of Te Hiku o Te Ika Conservation Board
265	Interim participation of Ngāti Kahu on Conservation Board
	Conservation management strategy
266	Northland CMS
267	Status, effect, and certain contents of Te Hiku CMS
	Preparation of draft Te Hiku CMS
268	Preliminary agreement
269	Draft document to be prepared
270	Notification of draft document
271	Submissions
272	Hearing
273	Revision of draft document
	Approval process
274	Submission of draft document to Conservation Authority
275	Approval of Te Hiku CMS
276	Effect of approval of Te Hiku CMS
	Review and amendment of Te Hiku CMS
277	Review procedure
278	Review in relation to Ngāti Kahu area of interest
279	Amendment procedure
	Process to be followed if disputes arise
280	Dispute resolution
281	Mediation
282	Effect of dispute process on prescribed time limits
	Access to Conservation Authority and Minister of Conservation
283	New Zealand Conservation Authority
284	Minister of Conservation
	Decision-making framework
285	Acknowledgement of section 4 of Conservation Act 1987
	Transfer of decision-making and review functions
286	Customary materials plan
287	Wāhi tapu framework
288	Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
	Relationship agreement
289	Relationship agreement
	Subpart 4—Statutory acknowledgement
290	Interpretation
291	Statutory acknowledgement by the Crown
292	Purposes of statutory acknowledgement
293	Relevant consent authorities to have regard to statutory acknowledgement
294	Environment Court to have regard to statutory acknowledgement
~~295~~	~~Historic Places Trust and Environment Court to have regard to statutory acknowledgement~~
295	Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
296	Recording statutory acknowledgement on statutory plans
297	Provision of summary or notice of resource consent applications
298	Use of statutory acknowledgement
	General provisions relating to statutory acknowledgement
299	Application of statutory acknowledgement to river
300	Exercise of powers and performance of functions and duties
301	Rights not affected
302	Amendment to Resource Management Act 1991
	Subpart 5—Protocols
303	Interpretation
	General provisions applying to protocols
304	Issuing, amending, or cancelling protocols
305	Protocols subject to rights, functions, and obligations
306	Enforcement of protocols
	Crown minerals
307	Protocol with Minister of Energy and Resources
	Taonga tūturu protocol
308	~~Culture and heritage~~ Taonga tūturu protocol
	Fisheries
309	Fisheries protocol
	Subpart 6—Fisheries advisory committees
310	Interpretation
	Te Aupouri fisheries advisory committee
311	Appointment of Te Aupouri fisheries advisory committee
	Joint fisheries advisory committee
312	Appointment of joint fisheries advisory committee
	Subpart 7—Geographic names
313	Interpretation
314	Official geographic names
315	Publication of official geographic names
316	Subsequent alteration of official geographic names
	Part 6 Commercial redress
317	Interpretation
	Subpart 1—Transfer of commercial redress properties
318	The Crown may transfer properties
319	Transfer of share in fee simple estate in property
320	Registrar-General to create computer freehold register
321	Authorised person may grant covenant for later creation of computer freehold register
322	Minister of Conservation may grant easements
323	Application of other enactments
324	Transfer of Te Kao School site B
325	Requirements if lease terminates or expires
	Subpart 2—Licensed land
326	Peninsula Block ceases to be Crown forest land
327	Relevant trustees are confirmed beneficiaries and licensors
328	Effect of transfer of Peninsula Block
329	Licence splitting process must be completed
	Subpart 3—Access to protected sites
	Right of access
330	Right of access to protected sites
331	Right of access over Peninsula Block
332	Right of access to be recorded on computer freehold register
	Subpart 4—Right of first refusal over RFR land
	Interpretation
333	Interpretation
334	Meaning of RFR land
	Restrictions on disposal of RFR land
335	Restrictions on disposal of RFR land
	Trustees’ right of first refusal
336	Requirements for offer
337	Expiry date of offer
338	Withdrawal of offer
339	Acceptance of offer
340	Formation of contract
	Disposals to others but land remains RFR land
341	Disposal to the Crown or Crown bodies
342	Disposal of existing public works to local authority
343	Disposal of reserves to administering bodies
	Disposals to others where land may cease to be RFR land
344	Disposal in accordance with enactment or rule of law
345	Disposal in accordance with legal or equitable obligations
346	Disposal under certain legislation
347	Disposal of land held for public works
348	Disposal for reserve or conservation purposes
349	Disposal for charitable purposes
350	Disposal to tenants
351	Disposal by Housing New Zealand Corporation
	RFR landowner obligations
352	RFR landowner’s obligations subject to other matters
	Notices about RFR land
353	Notice to LINZ of RFR land with computer register after RFR date
354	Notice to trustees of offer trusts of disposal of RFR land to others
355	Notice to LINZ of land ceasing to be RFR land
356	Notice requirements
	Right of first refusal recorded on computer registers
357	Right of first refusal recorded on computer registers for RFR land
358	Removal of notifications when land to be transferred or vested
359	Removal of notifications when RFR period ends
	General provisions applying to right of first refusal
360	Waiver and variation
361	Disposal of Crown bodies not affected
362	Assignment of rights and obligations under this subpart
	Part 7 Transitional arrangements and miscellaneous matters
	Subpart 1—Transitional arrangements for governance reorganisation
363	Interpretation
	Trust dissolved
364	Dissolution of Board
365	Vesting of assets and liabilities
366	Takahua Burial Ground Block
367	Te Neke Block
	Other transitional matters
368	Final report of Board
369	Matters not affected by transfer
370	Status of contracts and other instruments
371	Status of existing securities
372	Books and documents to remain evidence
373	Registers
374	Interpretation
375	Liability of employees and agents
376	Transfer of employees
377	Protection of terms and conditions of employment
378	Continuity of employment
379	No compensation for technical redundancy
	Subpart 2—Transitional taxation provisions
380	Application
	Trustees deemed to be same person as Aupouri Maori Trust Board
381	Taxation in respect of transfer of assets and liabilities of Board
382	Election by trustees to be Māori Authority
	Subsidiaries
383	Taxation in respect of assets and liabilities of subsidiaries
384	Election by subsidiary to be Maori authority
	Subpart 3—Miscellaneous matters
	Amendments
385	Maori Trust Boards Act 1955 amended
386	Amendments to Maori Trust Boards Regulations 1985
	Part 8 Preliminary matters, acknowledgements and apology, and settlement of NgāiTakoto historical claims
	Preliminary matters
387	Purpose
388	Provisions to take effect on settlement date
389	Act binds the Crown
390	Outline
	Summary of historical account, acknowledgements, and apology of the Crown
391	Summary of historical account, acknowledgements, and apology
392	Summary of historical account
393	Acknowledgements
394	Apology
	Interpretation provisions
395	Interpretation of Parts 8 to 10 generally
396	Interpretation
397	Meaning of NgāiTakoto
398	Meaning of historical claims
	Historical claims settled and jurisdiction of courts, etc, removed
399	Settlement of historical claims final
	Amendment to Treaty of Waitangi Act 1975
400	Amendment to Treaty of Waitangi Act 1975
	Resumptive memorials no longer to apply
401	Certain enactments do not apply
402	Resumptive memorials to be cancelled
	Miscellaneous matters
403	Rule against perpetuities does not apply
404	Access to deed of settlement
405	Provisions of other Acts that have same effect
	Part 9 Cultural redress
	Subpart 1—Vesting of cultural redress properties
406	Interpretation
	Properties vested in fee simple
407	Hukatere site A
408	Kaimaumau Marae property
409	Waipapakauri Papakainga property
	Properties vested in fee simple to be administered as reserves
410	Mai i Waikanae ki Waikoropūpūnoa
411	Mai i Hukatere ki Waimahuru
412	Mai i Ngāpae ki Waimoho
413	Mai i Waimimiha ki Ngāpae
414	Application of Crown forestry licence
415	Waipapakauri Beach property
416	Wharemaru / East Beach property
	Properties vested in fee simple subject to conservation covenant
417	Lake Tangonge site A
418	Tangonge property
	Lake and lakebed properties vested in fee simple
419	Bed of Lake Ngatu
420	Lake Ngatu Recreation Reserve
421	Lake Katavich
422	Lake Ngakapua
423	Lake Rotokawau
424	Lake Waiparera
425	Effect of vesting of lake properties
	General provisions applying to vesting of cultural redress properties
426	Properties vest subject to or together with interests
427	Interests in land for certain reserve properties
428	Interests that are not interests in land
429	Vesting of share of fee simple estate in property
430	Registration of ownership
431	Application of Part 4A of Conservation Act 1987
432	Matters to be recorded on computer freehold register
433	Application of other enactments
434	Names of Crown protected areas discontinued
	Further provisions applying to reserve properties
435	Application of other enactments to reserve properties
436	Joint management body for Beach sites A, B, C, and D
437	Subsequent transfer of reserve land
438	Transfer of reserve land to new administering body
439	Transfer of reserve land to trustees of existing administering body if trustees change
440	Reserve land not to be mortgaged
441	Saving of bylaws, etc, in relation to reserve properties
	Subpart 2—Te Oneroa-a-Tohe Board
	Interpretation
442	Interpretation
	Removal of conservation area status
443	Status of Central and South Conservation Areas and Ninety Mile Beach Marginal Strip
	Establishment, status, purpose, and membership of Board
444	Establishment and status of Board
445	Purpose of Board
446	Appointment of members of Board
447	Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress
	Functions and powers of Board
448	Functions and powers of Board
449	Power of Board to make requests to beach management agencies
	Resource consent applications
450	Criteria for appointment of commissioners
451	Procedure for appointing hearing panel
452	Obligation of Councils
453	Obligation of Board
	Beach management plan
454	Preparation and approval of beach management plan
455	Purpose and contents of beach management plan
	Effect of beach management plan on specified planning documents
456	Effect of beach management plan on RMA planning documents
457	Effect of beach management plan on conservation documents
458	Effect of beach management plan on local government decision making
	Application of other Acts
459	Application of other Acts to Board
	Subpart 3—Korowai
460	Interpretation
	Overview of, and background to, korowai redress
461	Overview and background
	Te Hiku o Te Ika Conservation Board established
462	Establishment of Te Hiku o Te Ika Conservation Board
463	Role and jurisdiction of Northland Conservation Board to cease
	Constitution of Te Hiku o Te Ika Conservation Board
464	Appointment of members of Te Hiku o Te Ika Conservation Board
465	Interim participation of Ngāti Kahu on Conservation Board
	Conservation management strategy
466	Northland CMS
467	Status, effect, and certain contents of Te Hiku CMS
	Preparation of draft Te Hiku CMS
468	Preliminary agreement
469	Draft document to be prepared
470	Notification of draft document
471	Submissions
472	Hearing
473	Revision of draft document
	Approval process
474	Submission of draft document to Conservation Authority
475	Approval of Te Hiku CMS
476	Effect of approval of Te Hiku CMS
	Review and amendment of Te Hiku CMS
477	Review procedure
478	Review in relation to Ngāti Kahu area of interest
479	Amendment procedure
	Process to be followed if disputes arise
480	Dispute resolution
481	Mediation
482	Effect of dispute process on prescribed time limits
	Access to Conservation Authority and Minister of Conservation
483	New Zealand Conservation Authority
484	Minister of Conservation
	Decision-making framework
485	Acknowledgement of section 4 of Conservation Act 1987
	Transfer of decision-making and review functions
486	Customary materials plan
487	Wāhi tapu framework
488	Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
	Relationship agreement
489	Relationship agreement
	Subpart 4—Statutory acknowledgement and deeds of recognition
490	Interpretation
	Statutory acknowledgement
491	Statutory acknowledgement by the Crown
492	Purposes of statutory acknowledgement
493	Relevant consent authorities to have regard to statutory acknowledgement
494	Environment Court to have regard to statutory acknowledgement
~~495~~	~~Historic Places Trust and Environment Court to have regard to statutory acknowledgement~~
495	Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
496	Recording statutory acknowledgement on statutory plans
497	Provision of summary or notice to trustees
498	Use of statutory acknowledgement
	Deeds of recognition
499	Issuing and amending deeds of recognition
	General provisions relating to statutory acknowledgement and deeds of recognition
500	Application of statutory acknowledgement and deed of recognition to river, stream, or lake
501	Exercise of powers and performance of functions and duties
502	Rights not affected
	Consequential amendment to Resource Management Act 1991
503	Amendment to Resource Management Act 1991
	Subpart 5—Protocols
504	Interpretation
	General provisions applying to protocols
505	Issuing, amending, and cancelling protocols
506	Protocols subject to rights, functions, and duties
507	Enforcement of protocols
	~~Culture and heritage~~ Taonga tūturu
508	~~Culture and heritage~~ Taonga tūturu protocol
	Fisheries
509	Fisheries protocol
	Crown minerals
510	Protocol with Minister of Energy and Resources
	Subpart 6—Fisheries advisory committees
511	Interpretation
512	Appointment of NgāiTakoto fisheries advisory committee
513	Appointment of joint fisheries advisory committee
	Subpart 7—Official geographic names
514	Interpretation
515	Official geographic names
516	Publication of official geographic names
517	Subsequent alteration of official geographic names
	Part 10 Commercial redress
518	Interpretation
	Subpart 1—Transfer of commercial redress properties and deferred selection properties
519	The Crown may transfer properties
520	Transfer of share of fee simple estate in property
521	Minister of Conservation may grant easements
522	Computer freehold registers for commercial redress properties and deferred selection properties that are not shared redress
523	Computer freehold registers for shared commercial redress properties and deferred selection properties
524	Computer freehold register for Peninsula Block
525	Authorised person may grant covenant for later creation of computer freehold register
526	Application of other enactments
527	Transfer of Kaitaia College
528	Transfer of properties subject to lease
529	Requirements if lease terminates or expires
	Subpart 2—Licensed land
530	Peninsula Block ceases to be Crown forest land
531	Relevant trustees are confirmed beneficiaries and licensors
532	Effect of transfer of Peninsula Block
533	Licence splitting process must be completed
	Subpart 3—Access to protected sites
	Right of access
534	Right of access to protected sites
535	Right of access over Peninsula Block
536	Right of access to be recorded on computer freehold register
	Subpart 4—Right of first refusal
	Interpretation
537	Interpretation
538	Meaning of RFR land
	Restrictions on disposal of RFR land
539	Restrictions on disposal of RFR land
	Trustees’ right of first refusal
540	Requirements for offer
541	Expiry date of offer
542	Withdrawal of offer
543	Acceptance of offer
544	Formation of contract
	Disposals to others but land remains RFR land
545	Disposal to the Crown or Crown bodies
546	Disposal of existing public works to local authorities
547	Disposal of reserves to administering bodies
	Disposals to others where land may cease to be RFR land
548	Disposal in accordance with enactment or rule of law
549	Disposal in accordance with legal or equitable obligations
550	Disposal under certain legislation
551	Disposal of land held for public works
552	Disposal for reserve or conservation purposes
553	Disposal for charitable purposes
554	Disposal to tenants
555	Disposal by Housing New Zealand Corporation
	RFR landowner obligations
556	RFR landowner’s obligations subject to other matters
	Notices about RFR land
557	Notice to LINZ of RFR land with computer register after RFR date
558	Notice to trustees of offer trusts of disposal of RFR land to others
559	Notice to LINZ of land ceasing to be RFR land
560	Notice requirements
	Right of first refusal recorded on computer registers
561	Right of first refusal recorded on computer registers for RFR land
562	Removal of notifications when land to be transferred or vested
563	Removal of notifications when RFR period ends
	General provisions applying to right of first refusal
564	Waiver and variation
565	Disposal of Crown bodies not affected
566	Assignment of rights and obligations under this subpart
	Part 11 Preliminary matters, acknowledgements and apology, and settlement of Te Rarawa historical claims
	Preliminary matters
567	Purpose
568	Provisions to take effect on settlement date
569	Act binds the Crown
570	Outline
	Summary of historical account, acknowledgements, and apology of the Crown
571	Summary of historical account, acknowledgements, and apology
572	Summary of historical account
573	Acknowledgements
574	Apology
	Interpretation provisions
575	Interpretation of Parts 11 to 13 generally
576	Interpretation
577	Meaning of Te Rarawa
578	Meaning of historical claims
	Historical claims settled and jurisdiction of courts, etc, removed
579	Settlement of historical claims final
	Amendment to Treaty of Waitangi Act 1975
580	Amendment to Treaty of Waitangi Act 1975
	Resumptive memorials no longer to apply
581	Certain enactments do not apply
582	Resumptive memorials to be cancelled
	Miscellaneous matters
583	Rule against perpetuities does not apply
584	Access to deed of settlement
585	Provisions of other Acts that have same effect
	Part 12 Cultural redress
	Subpart 1—Vesting of cultural redress properties
586	Interpretation
	Properties vested in fee simple
587	Hukatere site B
588	Mangamuka Road property, Mangamuka
589	Mangamuka Road property, Tūtekēhua
590	Mapere
591	Motukaraka site A
592	Part former Awanui (Kaitaia) Riverbed
593	Pukepoto School property
594	Vesting and alternative description of Pukepoto School property in specified circumstances
595	Rotokakahi property
596	Tauroa Point site B
597	Tauroa Point site C
598	Te Oneroa a Tōhē–Clarke Road property
599	12 Waiotehue Road
600	Whangape property
601	Whangape Road property
	Properties vested in fee simple to be administered as reserves
602	Awanui River property
603	Epakauri site A
604	Epakauri site B
605	Kaitaia Domain
606	Rotokakahi War Memorial property
607	Tauroa Point site A
608	Tauroa Point site D
609	Te Tāpairu Hirahira o Kahakaharoa
610	Mai i Waikanae ki Waikoropūpūnoa
611	Mai i Hukatere ki Waimahuru
612	Mai i Ngāpae ki Waimoho
613	Mai i Waimimiha ki Ngāpae
614	Application of Crown forestry licence
	Property vested in fee simple subject to conservation covenant
615	Lake Tangonge site A
616	Lake Tangonge site B
617	Motukaraka site B
618	Tangonge property
	General provisions applying to vesting of cultural redress properties
619	Properties vest subject to or together with interests
620	Interests in land for certain reserve properties
621	Interests that are not interests in land
622	Vesting of share of fee simple estate in property
623	Registration of ownership
624	Application of Part 4A of Conservation Act 1987
625	Matters to be recorded on computer freehold register
626	Application of other enactments
627	Names of Crown protected areas discontinued
	Management board for Te Tāpairu Hirahira o Kahakaharoa Historic Reserve
628	Management board for Te Tāpairu Hirahira o Kahakaharoa Historic Reserve
629	Terms of appointment to management board
630	Preparation, approval, and amendment of reserve management plan
631	Procedures of management board
	Joint management body for Beach sites
632	Joint management body for Beach sites A, B, C, and D
	Further provisions applying to reserve properties
633	Application of other enactments to reserve properties
634	Subsequent transfer of reserve land
635	Transfer of reserve land to new administering body
636	Transfer of reserve land to trustees of existing administering body if trustees change
637	Reserve land not to be mortgaged
638	Saving of bylaws, etc, in relation to reserve properties
	Subpart 2—Te Oneroa-a-Tohe Board
	Interpretation
639	Interpretation
	Removal of conservation area status
640	Status of Central and South Conservation Areas and Ninety Mile Beach marginal strip
	Establishment, status, purpose, and membership of Board
641	Establishment and status of Board
642	Purpose of Board
643	Appointment of members of Board
644	Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress
	Functions and powers of Board
645	Functions and powers of Board
646	Power of Board to make requests to beach management agencies
	Resource consent applications
647	Criteria for appointment of commissioners
648	Procedure for appointing hearing panel
649	Obligation of Councils
650	Obligation of Board
	Beach management plan
651	Preparation and approval of beach management plan
652	Purpose and contents of beach management plan
	Effect of beach management plan on specified planning documents
653	Effect of beach management plan on RMA planning documents
654	Effect of beach management plan on conservation documents
655	Effect of beach management plan on local government decision making
	Application of other Acts
656	Application of other Acts to Board
	Subpart 3—Korowai
657	Interpretation
	Overview of, and background to, korowai redress
658	Overview and background
	Te Hiku o Te Ika Conservation Board established
659	Establishment of Te Hiku o Te Ika Conservation Board
660	Role and jurisdiction of Northland Conservation Board to cease
	Constitution of Conservation Board
661	Appointment of members of Conservation Board
662	Interim participation of Ngāti Kahu on Conservation Board
	Conservation management strategy
663	Northland CMS
664	Status, effect, and certain contents of Te Hiku CMS
	Preparation of draft Te Hiku CMS
665	Preliminary agreement
666	Draft document to be prepared
667	Notification of draft document
668	Submissions
669	Hearing
670	Revision of draft document
	Approval process
671	Submission of draft document to Conservation Authority
672	Approval of Te Hiku CMS
673	Effect of approval of Te Hiku CMS
	Review and amendment of Te Hiku CMS
674	Review procedure
675	Review in relation to Ngāti Kahu area of interest
676	Amendment procedure
	Process to be followed if disputes arise
677	Dispute resolution
678	Mediation
679	Effect of dispute process on prescribed time limits
	Access to Conservation Authority and Minister of Conservation
680	New Zealand Conservation Authority
681	Minister of Conservation
	Decision-making framework
682	Acknowledgement of section 4 of Conservation Act 1987
	Transfer of decision-making and review functions
683	Customary materials plan
684	Wāhi tapu framework
685	Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
	Relationship agreement
686	Relationship agreement
	Subpart 4—Statutory acknowledgement
687	Interpretation
	Statutory acknowledgement
688	Statutory acknowledgement by the Crown
689	Purposes of statutory acknowledgement
690	Relevant consent authorities to have regard to statutory acknowledgement
691	Environment Court to have regard to statutory acknowledgement
~~692~~	~~Historic Places Trust and Environment Court to have regard to statutory acknowledgement~~
692	Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
693	Recording statutory acknowledgement on statutory plans
694	Provision of summary or notice to trustees
695	Use of statutory acknowledgement
	General provisions relating to statutory acknowledgement
696	Application of statutory acknowledgement to river or stream
697	Exercise of powers and performance of functions and duties
698	Rights not affected
	Consequential amendment to Resource Management Act 1991
699	Amendment to Resource Management Act 1991
	Subpart 5—Protocols
700	Interpretation
	General provisions applying to protocols
701	Issuing, amending, and cancelling protocols
702	Protocols subject to rights, functions, and duties
703	Enforcement of protocols
	~~Culture and heritage~~ Taonga tūturu
704	~~Culture and heritage~~ Taonga tūturu protocol
	Fisheries
705	Fisheries protocol
	Subpart 6—Fisheries advisory committees
706	Interpretation
	Te Rarawa fisheries advisory committee
707	Appointment of Te Rarawa fisheries advisory committee
	Joint fisheries advisory committee
708	Appointment of joint fisheries advisory committee
	Subpart 7—Official geographic names
709	Interpretation
710	Official geographic names
711	Publication of official geographic names
712	Subsequent alteration of official geographic names
	Subpart 8—Ōwhata land
713	Transfer of Ōwhata land
	Subpart 9—Warawara Whenua Ngāhere i te Taiao
714	Interpretation
	Warawara Whenua Ngāhere i te Taiao
715	Obligation to enter into Warawara Whenua Ngāhere i te Taiao
716	Legal framework for Warawara Whenua Ngāhere i te Taiao
717	Purpose of Warawara Whenua Ngāhere i te Taiao
718	Scope of Warawara Whenua Ngāhere i te Taiao
719	Other contents of Warawara Whenua Ngāhere i te Taiao
	Decision-making and operating principles under Warawara Whenua Ngāhere i te Taiao
720	Principles for decision making
721	Principles for operating under Warawara Whenua Ngāhere i te Taiao
722	Relationship with korowai
	Other matters relevant to Warawara Whenua Ngāhere i te Taiao
723	Exercise of powers in certain circumstances
724	Review and amendment
725	Suspension
726	Waiver of rights
	Part 13 Commercial redress and other matters
727	Interpretation
	Subpart 1—Transfer of commercial redress properties and deferred selection properties
728	The Crown may transfer properties
729	Transfer of share of fee simple estate in property
730	Minister of Conservation may grant easements
731	Computer freehold registers for commercial redress properties and deferred selection properties that are not shared redress
732	Computer freehold registers for shared commercial redress properties and deferred selection properties
733	Computer freehold register for each of Peninsula Block and Takahue Block
734	Authorised person may grant covenant for later creation of computer freehold register
735	Application of other enactments
736	Transfer of Kaitaia College and Haumanga Road properties
737	Transfer of properties subject to lease
738	Requirements if lease terminates or expires
	Subpart 2—Licensed land
739	Peninsula Block and Takahue Block cease to be Crown forest land
740	Relevant trustees are confirmed beneficiaries and licensors
741	Effect of transfer of Peninsula Block and Takahue Block
742	Licence splitting process must be completed
	Subpart 3—Access to protected sites
	Right of access
743	Right of access to protected sites
744	Right of access over Peninsula Block and Takahue Block
745	Right of access to be recorded on computer freehold register
	Subpart 4—Right of first refusal over RFR land
	Interpretation
746	Interpretation
747	Meaning of RFR land
	Restrictions on disposal of RFR land
748	Restrictions on disposal of RFR land
	Trustees’ right of first refusal
749	Requirements for offer
750	Expiry date of offer
751	Withdrawal of offer
752	Acceptance of offer
753	Formation of contract
	Disposals to others but land remains RFR land
754	Disposal to the Crown or Crown bodies
755	Disposal of existing public works to local authorities
756	Disposal of reserves to administering bodies
	Disposals to others where land may cease to be RFR land
757	Disposal in accordance with enactment or rule of law
758	Disposal in accordance with legal or equitable obligations
759	Disposal under certain legislation
760	Disposal of land held for public works
761	Disposal for reserve or conservation purposes
762	Disposal for charitable purposes
763	Disposal to tenants
764	Disposal by Housing New Zealand Corporation
	RFR landowner obligations
765	RFR landowner’s obligations subject to other matters
	Notices about RFR land
766	Notice to LINZ of RFR land with computer register after RFR date
767	Notice to trustees of offer trusts of disposal of RFR land to others
768	Notice to LINZ of land ceasing to be RFR land
769	Notice requirements
	Right of first refusal recorded on computer registers
770	Right of first refusal recorded on computer registers for RFR land
771	Removal of notifications when land to be transferred or vested
772	Removal of notifications when RFR period ends
	General provisions applying to right of first refusal
773	Waiver and variation
774	Disposal of Crown bodies not affected
775	Assignment of rights and obligations under this subpart
	Subpart 5—Transitional matters
776	Interpretation
	Charitable trusts dissolved
777	Charitable trust dissolved
	Vesting
778	Vesting of assets and liabilities
	Other transitional matters
779	Final annual report of Te Runanga
780	Matters not affected by transfer
781	Status of contracts and other instruments
782	Status of existing securities
783	Continuation of proceedings
784	Books and documents to remain evidence
785	Registers
786	Liability of employees and agents
787	Transfer of employees
788	Protection of terms and conditions of employment
789	Continuity of employment
790	No compensation for technical redundancy
	Transitional taxation provisions
791	Application
	Te Runanga
792	Taxation in respect of transfer of assets and liabilities of Te Runanga
793	Election by trustee to be Maori authority
	Relevant subsidiaries
794	Taxation in respect of assets and liabilities of relevant subsidiaries
795	Election by relevant subsidiary to be Maori authority
	Part 14 Ngāti Kahu Accumulated Rentals Trust
796	Interpretation
797	Purpose of this Part and Trust
798	Trustee is confirmed beneficiary
	Part 15 Amendment to Reserves and Other Lands Disposal Act 1977
799	Purpose of this Part
800	Principal Act
801	Section 17 repealed (Te Puna-Topu-O-Hokianga Trust)
	Schedule 1 Ngāti Kuri cultural redress properties
	Schedule 2 Te Oneroa-a-Tohe redress
	Schedule 3 Korowai
	Schedule 4 Ngāti Kuri statutory areas
	Schedule 5 Notices relating to RFR land
	Schedule 6 Te Aupouri cultural redress properties
	Schedule 7 Te Oneroa-a-Tohe redress
	Schedule 8 Korowai
	Schedule 9 Te Aupouri statutory areas
	Schedule 10 Notices relating to RFR land
	Schedule 11 Transfer of certain assets of Te Aupouri Maori Trust Board
	Schedule 12 NgāiTakoto cultural redress properties
	Schedule 13 Te Oneroa-a-Tohe redress
	Schedule 14 Korowai
	Schedule 15 NgāiTakato statutory areas subject to statutory acknowledgement and deed of recognition
	Schedule 16 Notices relating to RFR land
	Schedule 17 Hapū
	Schedule 18 Te Rarawa cultural redress properties
	Schedule 19 Te Oneroa-a-Tohe redress
	Schedule 20 Korowai
	Schedule 21 Te Rarawa statutory areas
	Schedule 22 Notices relating to RFR land
	Legislative history

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