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Ngāi Te Rangi and Ngā Pōtiki Claims Settlement Bill
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Hon Christopher Finlayson
Ngāi Te Rangi and Ngā Pōtiki Claims Settlement Bill
Government Bill
127—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
Summary of historical account, acknowledgements, and apology of the Crown
7
Summary of historical account, acknowledgements, and apology
8
Summary of historical account
9
Acknowledgements
10
Apology
Interpretation provisions
11
Interpretation of Act generally
12
Interpretation
13
Meaning of Ngāi Te Rangi and Ngā Pōtiki
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 that have same effect
Part 2
Cultural redress
Subpart 1—Statutory acknowledgement
22
Interpretation
Statutory acknowledgement
23
Statutory acknowledgement by the Crown
24
Purposes of statutory acknowledgement
25
Relevant consent authorities to have regard to statutory acknowledgement
26
Environment Court to have regard to statutory acknowledgement
27
Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
28
Recording statutory acknowledgement on statutory plans
29
Provision of summary or notice to relevant trustees
30
Use of statutory acknowledgement
31
Application of statutory acknowledgement to river or stream
32
Exercise of powers and performance of functions and duties
33
Rights not affected
Consequential amendment to Resource Management Act 1991
34
Amendment to Resource Management Act 1991
Subpart 2—Official geographic names
35
Interpretation
36
Official geographic names
37
Publication of official geographic names
38
Subsequent alteration of official geographic names
Subpart 3—Vesting of cultural redress properties
39
Interpretation
Properties vested in fee simple to be administered as reserves
40
Karewa Island
41
Motuotau Island
42
Otara Maunga property
43
Waitao Stream property
Property jointly vested in fee simple to be administered as reserve
44
Kauri Point property
45
Improvements attached to Kauri Point property
46
Future interests for Kauri Point reserve land
47
Administration of Kauri Point reserve land
48
Joint management body for Kauri Point reserve land
49
Matter to be recorded on computer freehold register for Kauri Point reserve land
General provisions applying to vesting of cultural redress properties
50
Properties vest subject to or together with interests
51
Interests in land for Kauri Point property
52
Interests that are not interests in land
53
Vesting of share of fee simple estate in property
54
Registration of ownership
55
Application of Part 4A of Conservation Act 1987
56
Matters to be recorded on computer freehold register
57
Application of other enactments
58
Names of Crown protected areas discontinued
Further provisions applying to reserve properties
59
Application of other enactments to reserve properties
60
Subsequent transfer of reserve land
61
Transfer of reserve land to new administering body
62
Transfer of reserve land to trustees of existing administering body if trustees change
63
Reserve land not to be mortgaged
64
Saving of bylaws, etc, in relation to reserve properties
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 properties and deferred selection properties
82
Interpretation
83
The Crown may transfer properties
84
Computer freehold registers for commercial properties and deferred selection properties
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
89
RFR land required for another Treaty of Waitangi settlement
Restrictions on disposal of RFR land
90
Restrictions on disposal of RFR land
Relevant trustees’ right of first refusal
91
Requirements for offer
92
Expiry date of offer
93
Withdrawal of offer
94
Acceptance of offer
95
Formation of contract
Disposals to others but land remains RFR land
96
Disposal to the Crown or Crown bodies
97
Disposal of existing public works to local authorities
98
Disposal of reserves to administering bodies
Disposals to others where land may cease to be RFR land
99
Disposal in accordance with obligations under enactment or rule of law
100
Disposal in accordance with legal or equitable obligations
101
Disposal under certain legislation
102
Disposal of land held for public works
103
Disposal for reserve or conservation purposes
104
Disposal for charitable purposes
105
Disposal to tenants
106
Disposal by Bay of Plenty District Health Board
RFR landowner obligations
107
RFR landowner’s obligations subject to other matters
Notices about RFR land
108
Notice to LINZ of RFR land with computer register after settlement date
109
Notice to relevant trustees of disposal of RFR land to others
110
Notice to LINZ of land ceasing to be RFR land
111
Notice requirements
Right of first refusal recorded on computer registers
112
Right of first refusal to be recorded on computer registers for RFR land
113
Removal of notifications when land to be transferred or vested
114
Removal of notifications when notice given under section 89
115
Removal of notifications when RFR period ends
General provisions applying to right of first refusal
116
Waiver and variation
117
Disposal of Crown bodies not affected
118
Assignment of rights and obligations under this subpart
Schedule 1
Historical claims
Schedule 2
Statutory areas
Schedule 3
Cultural redress properties
Schedule 4
Ngā pae maunga: properties jointly vested in fee simple to be administered as reserves
Schedule 5
Notices in relation to RFR land
Legislative history
The Parliament of New Zealand enacts as follows: