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Ngāti Pūkenga Claims Settlement Bill
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Hon Christopher Finlayson
Ngāti Pūkenga Claims Settlement Bill
Government Bill
119—2
Contents
Ngā Kōrero
Commentary
Key
1
Title
2
Commencement
Part 1
Preliminary matters, acknowledgements and apology, and settlement of historical claims
Preliminary matters
3
Purpose
4
Provisions to take effect on settlement date
5
Act binds the Crown
6
Outline
Acknowledgements and apology of the Crown
7
Acknowledgements and apology
8
Acknowledgements
9
Apology
Interpretation provisions
10
Interpretation of Act generally
11
Interpretation
12
Meaning of Ngāti Pūkenga
13
Meaning of historical claims
Historical claims settled and jurisdiction of courts, etc, removed
14
Settlement of historical claims final
Amendment to Treaty of Waitangi Act 1975
15
Amendment to Treaty of Waitangi Act 1975
Resumptive memorials no longer to apply
16
Certain enactments do not apply
17
Resumptive memorials to be cancelled
Miscellaneous matters
18
Rule against perpetuities does not apply
19
Access to deed of settlement
20
Provisions that have same effect
Part 2
Cultural redress
Subpart 1—Protocols
21
Interpretation
General provisions applying to protocols
22
Issuing, amending, and cancelling protocols
23
Protocols subject to rights, functions, and duties
24
Enforcement of protocols
Primary industries
25
Primary industries protocol
Taonga tūturu
26
Taonga tūturu protocol
Subpart 2—Statutory acknowledgement
27
Interpretation
Statutory acknowledgement
28
Statutory acknowledgement by the Crown
29
Purposes of statutory acknowledgement
30
Relevant consent authorities to have regard to statutory acknowledgement
31
Environment Court to have regard to statutory acknowledgement
32
Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
33
Recording statutory acknowledgement on statutory plans
34
Provision of summary or notice to trustees
35
Use of statutory acknowledgement
36
Application of statutory acknowledgement to river or stream
37
Application of statutory acknowledgement to coastal statutory areas
38
Exercise of powers and performance of functions and duties
39
Rights not affected
Consequential amendment to Resource Management Act 1991
40
Amendment to Resource Management Act 1991
Subpart 3—Vesting of cultural redress properties
41
Interpretation
Property vested in fee simple
42
Liens Block
Property vested in fee simple with parts to be administered as reserve
43
Ōtūkōpiri
44
Modification of Conservation Act 1987 for Ōtūkōpiri
Property vested in fee simple subject to conservation covenant
45
Pae ki Hauraki
46
Te Tihi o Hauturu
47
Alternative vesting of Te Tihi o Hauturu
General provisions applying to vesting of cultural redress properties
48
Properties vest subject to or together with interests
49
Vesting of share of fee simple estate in property
50
Registration of ownership
51
Application of Part 4A of Conservation Act 1987
52
Matters to be recorded on computer freehold register
53
Application of other enactments
54
Further application of Crown Minerals Act 1991
55
Names of Crown protected areas discontinued
Further provisions applying to reserve property
56
Application of other enactments to reserve property
57
Subsequent transfer of reserve land
58
Transfer of reserve land to new administering body
59
Transfer of reserve land to trustees of existing administering body if trustees change
60
Reserve land not to be mortgaged
61
Saving of bylaws, etc, in relation to reserve property
Minerals
62
Application
63
Certain minerals no longer to be reserved to the Crown
64
Notation of mineral ownership on computer freehold registers
Subpart 4—Ngā pae maunga: properties jointly vested in fee simple to be administered as reserves
65
Interpretation
66
Application of this subpart
67
Ōtanewainuku
68
Pūwhenua
69
Joint management body for Ōtanewainuku and Pūwhenua Scenic Reserves
70
Restriction on transfer of joint cultural redress property
General provisions applying to vesting of joint cultural redress properties
71
Properties vest subject to or together with interests
72
Interests in land for joint cultural redress properties
73
Interests that are not interests in land
74
Registration of ownership
75
Application of Part 4A of Conservation Act 1987
76
Recording application of Part 4A of Conservation Act 1987 and sections of this subpart
77
Application of other enactments to joint cultural redress properties
78
Application of Reserves Act 1977 to joint cultural redress properties
79
Joint cultural redress property that is reserve must not be mortgaged
80
Saving of bylaws, etc, in relation to joint cultural redress properties
81
Scenic reserve not to become Crown protected area
Part 3
Commercial redress
Subpart 1—Transfer of commercial redress property
82
Interpretation
83
The Crown may transfer commercial redress property
84
Computer freehold register for commercial redress property
85
Authorised person may grant covenant for later creation of computer freehold register
86
Application of other enactments
Subpart 2—Right of first refusal over RFR land
Interpretation
87
Interpretation
88
Meaning of RFR land
Restrictions on disposal of RFR land
89
Restrictions on disposal of RFR land
Trustees’ right of first refusal
90
Requirements for offer
91
Expiry date of offer
92
Withdrawal of offer
93
Acceptance of offer
94
Formation of contract
Disposals to others but land remains RFR land
95
Disposal to the Crown or Crown bodies
96
Disposal of existing public works to local authorities
97
Disposal of reserves to administering bodies
Disposals to others where land may cease to be RFR land
98
Disposal in accordance with obligations under enactment or rule of law
99
Disposal in accordance with legal or equitable obligations
100
Disposal under certain legislation
101
Disposal of land held for public works
102
Disposal for reserve or conservation purposes
103
Disposal for charitable purposes
104
Disposal to tenants
RFR landowner obligations
105
RFR landowner’s obligations subject to other matters
Notices about RFR land
106
Notice to LINZ of RFR land with computer register after settlement date
107
Notice to trustees of disposal of RFR land to others
108
Notice to LINZ of land ceasing to be RFR land
109
Notice requirements
Right of first refusal recorded on computer registers
110
Right of first refusal to be recorded on computer registers for RFR land
111
Removal of notifications when land to be transferred or vested
112
Removal of notifications when RFR period ends
General provisions applying to right of first refusal
113
Waiver and variation
114
Disposal of Crown bodies not affected
115
Assignment of rights and obligations under this subpart
Schedule 1
Statutory areas
Schedule 2
Cultural redress properties
Schedule 3
Ngā pae maunga: properties jointly vested in fee simple to be administered as reserves
Schedule 4
Notices in relation to RFR land
Legislative history
The Parliament of New Zealand enacts as follows: