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Hineuru Claims Settlement Bill
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Hon Christopher Finlayson
Hineuru Claims Settlement Bill
Government Bill
29—2
Contents
Ngā Kōrero
Commentary
Key
1
Title
2
Commencement
Part 1
Preliminary matters, acknowledgements and apology, and settlement of historical claims
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
Historical account
9
Acknowledgements
10
Apology
Interpretation provisions
11
Interpretation of Act generally
12
Interpretation
13
Meaning of Hineuru
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
Part 2
Cultural redress
The Crown not prevented from providing redress to other persons
21
The Crown not prevented from providing other similar redress
Subpart 1—Te Kawenata
22
Interpretation
23
Authority to enter into Te Kawenata
24
Noting of Te Kawenata on conservation documents
25
Te Kawenata subject to rights, functions, duties, and powers
26
Enforcement of Te Kawenata
Subpart 2—Protocols
27
Interpretation
General provisions applying to protocols
28
Issuing, amending, and cancelling protocols
29
Protocols subject to rights, functions, and duties
30
Enforcement of protocols
Crown minerals
31
Crown minerals protocol
Taonga tūturu
32
Taonga tūturu protocol
Subpart 3—Statutory acknowledgement and deeds of recognition
33
Interpretation
Statutory acknowledgement
34
Statutory acknowledgement by the Crown
35
Purposes of statutory acknowledgement
36
Relevant consent authorities to have regard to statutory acknowledgement
37
Environment Court to have regard to statutory acknowledgement
38
Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
39
Recording statutory acknowledgement on statutory plans
40
Provision of summary or notice to trustees
41
Use of statutory acknowledgement
Deeds of recognition
42
Issuing and amending deeds of recognition
General provisions relating to statutory acknowledgement and deeds of recognition
43
Application of statutory acknowledgement and deed of recognition to river or stream
44
Exercise of powers and performance of functions and duties
45
Rights not affected
Consequential amendment to Resource Management Act 1991
46
Amendment to Resource Management Act 1991
Subpart 4—Te Korowai o Te Hā
47
Interpretation
48
Declaration of Te Korowai o Te Hā and the Crown’s acknowledgement
49
Purposes of Te Korowai o Te Hā
50
Effect of protection principles
51
Obligations on New Zealand Conservation Authority and Conservation Boards
52
Noting of Te Korowai o Te Hā in strategies and plans
53
Notification in
Gazette
54
Actions by Director-General
55
Amendment to strategies or plans
56
Regulations
57
Bylaws
58
Effect of Te Korowai o Te Hā on Te Korowai o Te Hā areas
59
Termination of Te Korowai o Te Hā
60
Exercise of powers and performance of functions and duties
61
Rights not affected
Subpart 5—Official geographic names
62
Interpretation
63
Official geographic names
64
Publication of official geographic names
65
Subsequent alteration of official geographic names
66
Name changes for Crown protected areas
Subpart 6—Advisory committee
67
Appointment of advisory committee in relation to Mohaka River
Subpart 7—Rangitaiki River Forum
68
Membership of Hineuru on Rangitaiki River Forum
Subpart 8—Vesting of cultural redress properties
69
Interpretation
Properties vested in fee simple
70
Former Te Haroto School
71
Tarawera property
72
Tarawera Hot Springs site A
73
Te Purotu
74
Woodstock Station property
Properties vested in fee simple to be administered as reserves
75
Taraponui-a-Kawhea
76
Waipunga Falls property
Property vested in fee simple subject to conservation covenant
77
Tarawera Hot Springs site B
General provisions applying to vesting of cultural redress properties
78
Properties vest subject to or together with interests
79
Interests for Tarawera property
80
Registration of ownership
81
Application of Part 4A of Conservation Act 1987
82
Matters to be recorded on computer freehold register
83
Application of other enactments
84
Names of Crown protected areas discontinued
Further provisions applying to reserve properties
85
Application of other enactments to reserve properties
86
Subsequent transfer of reserve land
87
Transfer of reserve land to new administering body
88
Transfer of reserve land to trustees of existing administering body if trustees change
89
Reserve land not to be mortgaged
90
Saving of bylaws, etc, in relation to reserve properties
Subpart 9—Vesting and gifting back of property
91
Notice appointing delayed vesting date for balance of Waipunga Falls Scenic Reserve
92
Delayed vesting and gifting back of balance of Waipunga Falls Scenic Reserve
Part 3
Commercial redress
93
Interpretation
Subpart 1—Transfer of commercial redress properties and deferred selection property
94
The Crown may transfer properties
95
Minister of Conservation may grant easements
96
Computer freehold registers for commercial redress properties and deferred selection property
97
Computer freehold register for licensed land
98
Authorised person may grant covenant for later creation of computer freehold register
99
Application of other enactments
Woodstock Station
100
Woodstock Station
Subpart 2—Licensed land
101
Licensed land ceases to be Crown forest land
102
Trustees are confirmed beneficiaries and licensors of licensed land
103
Effect of transfer of licensed land
Subpart 3—Access to protected sites
104
Right of access to protected sites
105
Right of access over licensed land
106
Right of access to be recorded on computer freehold register
Subpart 4—Right of first refusal over RFR land
Interpretation
107
Interpretation
108
Meaning of RFR land
Restrictions on disposal of RFR land
109
Restrictions on disposal of RFR land
Trustees’ right of first refusal
110
Requirements for offer
111
Expiry date of offer
112
Withdrawal of offer
113
Acceptance of offer
114
Formation of contract
Disposals to others but land remains RFR land
115
Disposal to the Crown or Crown bodies
116
Disposal of existing public works to local authorities
117
Disposal of reserves to administering bodies
Disposals to others where land may cease to be RFR land
118
Disposal in accordance with obligations under enactment or rule of law
119
Disposal in accordance with legal or equitable obligations
120
Disposal under certain legislation
121
Disposal of land held for public works
122
Disposal for reserve or conservation purposes
123
Disposal for charitable purposes
124
Disposal to tenants
RFR landowner obligations
125
RFR landowner’s obligations subject to other matters
Notices about RFR land
126
Notice to LINZ of RFR land with computer register after settlement date
127
Notice to trustees of disposal of RFR land to others
128
Notice to LINZ of land ceasing to be RFR land
129
Notice requirements
Right of first refusal recorded on computer registers
130
Right of first refusal to be recorded on computer registers for RFR land
131
Removal of notifications when land to be transferred or vested
132
Removal of notifications when RFR period ends
General provisions applying to right of first refusal
133
Waiver and variation
134
Disposal of Crown bodies not affected
135
Assignment of rights and obligations under this subpart
Schedule 1
Statutory areas
Schedule 2
Te Korowai o Te Hā areas
Schedule 3
Cultural redress properties
Schedule 4
Notices in relation to RFR land
Legislative history
The Parliament of New Zealand enacts as follows: