In this subpart,—

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

The only purposes of the statutory acknowledgement are—

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

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 Limited Partnership is an affected person in relation to the activity.

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

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.

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 Limited Partnership is a person with an interest in the proceedings greater than that of the general public.

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

This section applies to an application made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area.

On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48, 56, or 62 of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to the application.

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

In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.

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.

The information attached to a statutory plan must include—

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—

Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the Limited Partnership and each representative entity for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:

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 Limited Partnership, each representative entity, and the relevant consent authority.

The summary must be provided—

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.

The Limited Partnership and each representative entity may, by written notice to a relevant consent authority,—

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

The Limited Partnership and each representative entity , each representative entity, and any member of Tauranga Moana Iwi may, as evidence of the association of Tauranga Moana Iwi 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—

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

However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.

To avoid doubt,—

The statutory acknowledgement does 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.

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 Tauranga Moana Iwi with a statutory area than that person would give if there were no statutory acknowledgement for the statutory area.

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

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

The statutory acknowledgement—

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

This section amends the Resource Management Act 1991.

In Schedule 11, insert in its appropriate alphabetical order “Parts 1 to 3 of the Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Act 2015”.

In this subpart,—

The appointment of the Tauranga City Council as the administering body of the Mauao Historic Reserve under section 28 of the Reserves Act is revoked as if the appointment were revoked under that Act.

A joint board is established to be the administering body of the Mauao Historic Reserve as if it were appointed to control and manage the reserve under section 30 of the Reserves Act 1977.

However, section 30 of the Reserves Act 1977 has no further application to the reserve or the joint board.

Appointments to the joint board must be made as follows:

The joint board must remain in place—

Sections 31 to 34 of the Reserves Act 1977 apply to the joint board as if it were a board within the meaning of that Act.

Subsection (3) applies subject to subsections (5) and (6).

The first meeting of the joint board must be held no later than 2 months after the settlement date.

If the joint board agrees to adopt alternative provisions about meetings of the board,—

While the joint board is the administering body of the Mauao Historic Reserve, subsection (2) applies in relation to any application for an easement under section 48 of the Reserves Act 1977, a statutory authorisation under sections 50 and 51 of that Act, a lease under section 58A of that Act, or a licence under section 74 of that Act over the reserve.

If this subsection applies,—

While the joint board is the administering body of the Mauao Historic Reserve, the trustees of the Mauao Trust may obtain, as grantee, any interest in favour of the reserve as if the trustees were the administering body of the reserve.

The trustees of the Mauao Trust and the Tauranga City Council must enter into a memorandum of understanding regarding the day-to-day management of the Mauao Historic Reserve, including the provision of administrative and advisory services to the joint board by the Council.

The joint board may, subject to subsections (1) and (2), exercise or perform in relation to the Mauao Historic Reserve any power or function that—

The delegation referred to in subsection (5)(a) applies to the joint board with the necessary modifications.

The joint board must seek the prior approval of the trustees of the Mauao Trust before exercising or performing a delegated power or function.

For the avoidance of doubt, the joint board is not a council organisation or a council-controlled organisation for the purposes of the Local Government Act 2002.

The joint board must prepare a management plan for the Mauao Historic Reserve in accordance with section 41 of the Reserves Act 1977 and must secure the agreement of the trustees of the Mauao Trust to the management plan before the joint board approves it.

If the Minister gives notice under section 31(2)(b), any management plan prepared by the joint board with the agreement of the trustees of the Mauao Trust under this section continues to apply, and the trustees must comply with that plan until a new plan is prepared and approved for the reserve.

This section applies subject to section 28(2)(a).

If the trustees of the Mauao Trust and the Tauranga City Council jointly agree that the joint board is no longer to be the administering body of the Mauao Historic Reserve and that the trustees of the Mauao Trust are to be the administering body of the Mauao Historic Reserve,—

A notice under subsection (2)(b) has effect according to its terms.

While the trustees of the Mauao Trust are the administering body of the Mauao Historic Reserve,—

Section 7 of the Mauao Historic Reserve Vesting Act 2008 (which relates to the status of the Mauao Historic Reserve) is subject to this subpart.

The provisions of Schedule 2 apply to give effect to Te Kūpenga Framework.

In this subpart,—

To give effect to part 5 of the collective deed, the Crown (acting by and through the chief executive of LINZ) is authorised—

The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the collective deed in relation to the licensed land.

Any such easement is—

This section applies to the licensed land that is to be transferred to the Limited Partnership under section 35.

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

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

In this section and section 38, authorised person means a person authorised by the chief executive of LINZ.

For the purposes of section 37, the authorised person may grant a covenant for the later creation of a computer freehold register for the licensed land.

Despite the Land Transfer Act 1952,—

This section applies to the transfer to the Limited Partnership of the fee simple estate in the licensed land.

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.

The transfer does not—

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 collective deed in relation to the transfer.

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.

In exercising the powers conferred by section 35, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer.

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

The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the Limited Partnership.

However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the actual settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989 but be inconsistent with this subpart, part 5 of the collective deed, or part 3 of the property redress schedule.

On and from the actual settlement date, the Limited Partnership is the confirmed beneficiary under clause 11.1 of the Crown forestry rental trust deed in relation to the licensed land.

The effect of subsection (1) is that—

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

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

The Limited Partnership is the licensor under the Crown forestry licence as if the licensed land were returned to Māori ownership—

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

Section 41 applies whether or not—

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

For the period starting on the actual settlement date and ending on the completion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the licensed land is the amount calculated in the manner described in paragraphs 3.23 and 3.24 of the property redress schedule.

However, the calculation of the licence fee under subsection (3) is overridden by any agreement made by the Limited Partnership as licensor, the licensee, and the owner of the balance of the land that is subject to the Crown forestry licence.

On and from the actual settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the licensed land, be read as references to the Limited Partnership and any prospective or new proprietors of the balance of the land that is subject to the Crown forestry licence.

If the licensed land is not transferred under Parts 1 to 3, the land is deemed to have been the subject of a final recommendation of the Waitangi Tribunal under section 8HB(1)(b) of the Treaty of Waitangi Act 1975 that the land not be liable to return to Māori ownership.

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

Subsection (1) takes effect on and from the actual settlement date.

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

The right of access is subject to the following conditions:

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

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

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

This section applies to the transfer to the Limited Partnership of the licensed land.

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

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

In this subpart and Schedule 3,—

In this subpart, RFR land means—

Land ceases to be RFR land if—

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

An offer by an RFR landowner to dispose of RFR land to the Limited Partnership must be by notice to the Limited Partnership.

The notice must include—

The expiry date of an offer must be on or after the date that is 40 working days after the date on which the Limited Partnership receives notice of the offer.

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 Limited Partnership receives notice of the offer if—

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

The Limited Partnership may, by notice to the RFR landowner who made an offer, accept the offer if—

The Limited Partnership must accept all the RFR land offered, unless the offer permits it to accept less.

If the Limited Partnership accepts 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 Limited Partnership on the terms in the offer.

The terms of the contract may be varied by written agreement between the RFR landowner and the Limited Partnership.

Under the contract, the Limited Partnership may nominate any person (the nominee) to receive the transfer of the RFR land.

The Limited Partnership may nominate a nominee only if—

The notice must specify—

If the Limited Partnership nominates a nominee, the Limited Partnership remains liable for the obligations of the transferee under the contract.

An RFR landowner may dispose of RFR land to—

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.

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.

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

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

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—

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

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—

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

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

To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 of Te Ture Whenua Maori Act 1993, after an application by an RFR landowner under section 41(e) of the Public Works Act 1981.

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

An RFR landowner may dispose of RFR land as a gift for charitable purposes.

The Crown may dispose of RFR land—

An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—

Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment.

If a computer register is first created for RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the register has been created.

If land for which there is a computer register becomes RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.

The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.

The notice must include the legal description of the land and the reference for the computer register.

An RFR landowner must give the Limited Partnership notice of the disposal of RFR land by the landowner to a person other than the Limited Partnership or its nominee.

The notice must be given on or before the date that is 20 working days before the day of the disposal.

The notice must include—

This section applies if land contained in a computer register is to cease being RFR land because—

The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.

The notice must include—

Schedule 3 applies to notices given under this subpart by or to—

The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers for,—

The chief executive must issue a certificate as soon as is reasonably practicable—

Each certificate must state that it is issued under this section.

The chief executive must provide a copy of each certificate to the Limited Partnership as soon as is reasonably practicable after issuing the certificate.

The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register for the RFR land identified in the certificate that the land is—

The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 68, issue to the Registrar-General a certificate that includes—

The chief executive must provide a copy of each certificate to the Limited Partnership as soon as is reasonably practicable after issuing the certificate.

If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any notification recorded under section 70 for the land described in the certificate.

The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes—

The chief executive must provide a copy of each certificate to the Limited Partnership as soon as is reasonably practicable after issuing the certificate.

The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notification recorded under section 70 from any computer register identified in the certificate.

The Limited Partnership may, by notice to an RFR landowner, waive any or all of the rights the Limited Partnership has in relation to the landowner under this subpart.

The Limited Partnership and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.

A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.

This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.

Subsection (3) applies if the RFR holder—

The RFR holder must give notices to each RFR landowner that—

This subpart and Schedule 3 apply to the assignees (instead of to the RFR holder) as if the assignees were the Limited Partnership, with any necessary modifications.

In this section,—

In this subpart,—

The responsible Minister—

The responsible Minister may amend or cancel the protocol at the initiative of—

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

The protocol does not restrict—

The Crown must comply with the protocol while it is in force.

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

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

To avoid doubt,—

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

In this section, taonga tūturu—

In this subpart,—

A name specified in the first column of the table in clause 5.17.1 of the deed of settlement is the official geographic name of the feature described in the second and third columns of that table.

A name specified in the second column of the table in clause 5.17.2 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.

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

The Board must, as soon as practicable after the settlement date, give public notice, in accordance with section 21(2) and (3) of the Act, of each official geographic name specified under section 99.

The notice must state that each official geographic name became an official geographic name on the settlement date.

In making a determination to alter the official geographic name of a feature named under this subpart, the Board—

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

This section applies to Margaret Jackson Wildlife Management Reserve, meaning the land comprising 3.4805 hectares, more or less, being Part Allotment 92 Te Papa Parish (all computer freehold register SA5A/642), as shown on deed plan OTS–078–017.

The name of the reserve is changed to Te Wharepoti / Margaret Jackson Wildlife Management Reserve.

The trustees are the administering body of the reserve as if they were appointed to control and manage the reserve under section 35 of the Reserves Act 1977.

The name of Jess Road Wildlife Management Reserve is changed to Te Wahapū o Te Hopuni Wildlife Management Reserve.

The new name given to a reserve under section 102 or 103 is to be treated as if—

The Board must, as soon as practicable after the settlement date,—

The official geographic name of a reserve named under this section must not be changed in accordance with subpart 3 of Part 2 of the Act without the written consent of the trustees, and any requirements under that subpart or another enactment for public notice of or consultation about the proposed name do not apply.

In this section,—

In this subpart,—

Ohauiti ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Ohauiti vests in the trustees.

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

The reserve is named Ohauiti Scenic Reserve.

The Omanawa River property ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in the Omanawa River property vests in the trustees.

The Omanawa River property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

The reserve is named Omanawa River Scenic Reserve.

Tahawai (being part of Kaimai Mamaku Conservation Park) ceases to be part of the Park and a conservation area under the Conservation Act 1987.

The fee simple estate in Tahawai vests in the trustees.

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

The reserve is named Tahawai Scenic Reserve.

Te Awa o Ngāumuwahine (being part of Kaimai Mamaku Conservation Park) ceases to be part of the Park and a conservation area under the Conservation Act 1987.

The fee simple estate in Te Awa o Ngāumuwahine vests in the trustees.

Te Awa o Ngāumuwahine is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve is named Te Awa o Ngāumuwahine Recreation Reserve.

Subsections (1) to (4) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and conditions set out in part 2.6 of the documents schedule.

Despite the provisions of the Reserves Act 1977, the easement—

The vesting of Te Hopuni in Bay of Plenty Regional Council is cancelled.

The reservation of Te Hopuni as a reserve subject to the Reserves Act 1977 is revoked.

Te Hopuni ceases to be subject to the Tauranga Foreshore Vesting and Endowment Act 1915.

The fee simple estate in Te Hopuni vests in the trustees.

Te Hopuni is declared a reserve and classified as a local purpose reserve, for the purpose of a cultural centre, subject to section 23 of the Reserves Act 1977.

The reserve is named Te Hopuni Local Purpose (Cultural Centre) Reserve.

Te Rī o Ruahine ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Te Rī o Ruahine vests in the trustees.

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

The reserve is named Te Rī o Ruahine Scenic Reserve.

Te Rī o Tamarāwaho ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in Te Rī o Tamarāwaho vests in the trustees.

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

The reserve is named Te Rī o Tamarāwaho Scenic Reserve.

Te Wai o Ngāumuwahine (being part of Kaimai Mamaku Conservation Park) ceases to be part of the Park and a conservation area under the Conservation Act 1987.

The fee simple estate in Te Wai o Ngāumuwahine vests in the trustees.

Te Wai o Ngāumuwahine is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve is named Te Wai o Ngāumuwahine Recreation Reserve.

Subsections (1) to (4) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and conditions set out in part 2.6 of the documents schedule.

Despite the provisions of the Reserves Act 1977, the easement—

The Waikareao Estuary property ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in the Waikareao Estuary property vests in the trustees.

The Waikareao Estuary property is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve is named Waikareao Estuary Recreation Reserve.

Waimanu ki uta (being part of Kaimai Mamaku Conservation Park) ceases to be part of the Park and a conservation area under the Conservation Act 1987.

The fee simple estate in Waimanu ki uta vests in the trustees.

Waimanu ki uta is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve is named Waimanu ki uta Recreation Reserve.

Subsections (1) to (4) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and conditions set out in part 2.7 of the documents schedule.

Despite the provisions of the Reserves Act 1977, the easement—

The reservation of the Wainui River property (being Wainui River Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in the Wainui River property vests in the trustees.

The Wainui River property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

The reserve is named Wainui River Scenic Reserve.