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 relevant trustees are affected persons 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 relevant trustees are persons 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 relevant trustees 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 relevant trustees 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 relevant trustees may, by written notice to a relevant consent authority,—

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

The relevant trustees and any member of the relevant iwi may, as evidence of the association of the 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,—

If any part of the statutory acknowledgement applies to a river or stream, including a tributary, that part of the acknowledgement—

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 the relevant 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 “Ngāi Te Rangi and Ngā Pōtiki Claims Settlement Act 2016”.

In this subpart,—

A name specified in the second column of the table in clause 5.25 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 36.

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 a determination made under subsection (1) in accordance with section 21(2) and (3) of the Act.

In this subpart,—

The reservation of Karewa Island as defined in subsection (7) (being Karewa Island Wildlife Sanctuary) as a government purpose (wildlife sanctuary) reserve subject to the Reserves Act 1977 is revoked.

The Wildlife Sanctuary (Karewa Island) Order 1965 (SR 1965/182) is revoked.

The fee simple estate in Karewa Island vests in the trustees of the Ngāi Te Rangi Settlement Trust.

Karewa Island is declared a reserve and classified as a nature reserve subject to section 20 of the Reserves Act 1977.

The reserve is named Karewa Island Nature Reserve.

Subsections (1) to (5) do not take effect until the trustees of the Ngāi Te Rangi Settlement Trust and the Director-General have entered into the memorandum of understanding referred to in clause 5.5.2 of the deed.

For the purposes of subsection (1) only, Karewa Island means the area of land measuring 8 acres 3 roods 12 perches, more or less, being Karewa East and West Blocks as shown on ML 5619 and SO 19411 (South Auckland Land District).

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

The fee simple estate in Motuotau Island vests in the trustees of the Ngāi Te Rangi Settlement Trust.

Motuotau Island 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 Motuotau Island Scenic Reserve.

The reservation of the part of the Otara Maunga property (being part of Otawa Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

The reservation of the part of the Otara Maunga property as a local purpose (water conservation) reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in the Otara Maunga property vests in the trustees of the Ngā Pōtiki a Tamapahore Trust.

The Otara Maunga 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 Otara Maunga Scenic Reserve.

The Waitao Stream property ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in the Waitao Stream property vests in the trustees of the Ngāi Te Rangi Settlement Trust.

The Waitao Stream 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 Waitao Scenic Reserve.

This section and sections 45 to 49 take effect on and from the later of the following dates:

The reservation of the Kauri Point property (being part of Kauri Point Historic Reserve) as a historic reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in the Kauri Point property vests as undivided half shares in the specified groups of trustees as tenants in common as follows:

The Kauri Point property is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

The reserve is named Kauri Point Historic Reserve.

The Council is the administering body of the reserve as if the Council were appointed to control and manage the reserve under section 28 of the Reserves Act 1977.

Despite section 41(1) of the Reserves Act 1977, and as long as the Council is the administering body of the Kauri Point property,—

In this section, Ngāti Tamaterā settlement legislation means legislation that—

In this section and sections 45 to 47,—

This section applies to improvements attached to the Kauri Point property (the property) as at the date of its vesting in accordance with section 44(3), and despite that vesting.

Improvements owned by the Council immediately before the vesting—

Improvements referred to in subsection (2) may, subject to any relevant statutory requirement, be removed or demolished by the Council at any time without the consent of, and without charge by, the owners of the property or the administering body (if no longer the Council), but the Council must—

Any other improvement attached to the property with the consent of the Crown or the administering body of the property at the time of its attachment—

Subsections (2) and (4) apply subject to any other enactment that governs the ownership of an improvement.

Subsection (4) does not affect or limit any rights in relation to the property that may arise from the ownership of the improvement.

For the purposes of administering the reserve under the Reserves Act 1977, the administering body is responsible for any decisions in respect of a matter that arises from a person exercising, or purporting to exercise, a right in relation to an improvement attached to the property.

Subsection (7) is subject to any other enactment that governs the use of the improvement concerned.

Despite the provisions of this section, the trustees are not liable for an improvement for which they would, apart from this section, be liable by reason of their ownership of the property.

This section applies to the Kauri Point reserve land, but only while the Council is the administering body of that land.

Despite the Council being the administering body, the owners may accept, grant, or decline to grant any interest in land that affects the reserve land, or may renew or vary such an interest.

If a person wishes to obtain an interest in land in the reserve land, or renew or vary such an interest, the person must apply under this section, in writing, through the Council.

The Council must—

Before the owners determine an application, the owners must consult the Council.

Except as specified in subsection (2), the Reserves Act 1977 applies to the granting of any interest in land or any renewal or variation of the interest.

To avoid doubt, the Council may accept, grant, or decline to grant an interest that is not an interest in land that affects the reserve land, or may renew or vary such an interest.

In this section and sections 47 to 49, Kauri Point reserve land and reserve land mean all or the part of the Kauri Point property that remains a reserve under the Reserves Act 1977.

The owners and the Council may jointly—

The Minister may, at his or her sole discretion, revoke the appointment of the Council as the administering body of the reserve land if requested in writing to do so by the owners or the Council.

Before making a decision under subsection (2), the Minister must consult the owners and the Council.

When the Minister has determined a request, the Minister must notify the owners and the Council in writing of his or her decision.

If the Minister receives a notice under subsection (1) or decides to grant the request to revoke the appointment of the Council as the administering body of the reserve land, a joint management body must be established for the Kauri Point reserve land in accordance with section 48 not later than 40 working days after—

Not later than 10 working days after a joint management body is established under subsection (5), the appointers of the body must jointly notify the Minister and the Council of that fact.

The Minister must, not later than 20 working days after being notified under subsection (6), publish a notice in the Gazette declaring that—

The joint management body is the administering body of the reserve land on and from the date on which a notice is published under section 47(7).

The following are appointers for the purposes of this section and section 47:

Each appointer may appoint 2 members to the joint management body.

A member is appointed only if the appointer gives written notice with the following details to the other appointers:

An appointment ends after 5 years or when the appointer replaces the member by making another appointment.

A member may be appointed, reappointed, or discharged at the discretion of the appointer.

Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a board.

However, the following provisions apply in relation to meetings of the joint management body:

If section 51(1) applies, the trustees of the Ngāi Te Rangi Settlement Trust must provide to the Registrar-General a copy of the Gazette notice published under section 47(7) as soon as is reasonably practicable after publication.

For the Kauri Point reserve land, the Registrar-General must note on any computer freehold register created under section 54 or derived from a computer freehold register created under that section that the land is subject to section 51(3).

Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 3.

This section applies to all or the part of the Kauri Point property that remains a reserve under the Reserves Act 1977 (the reserve land) after its vesting in accordance with section 44(3), but only while the reserve land is administered by the joint management body appointed under section 48.

If the Kauri Point property is affected by an interest in land at the time the joint management body is declared to be the administering body under section 47(7), the interest applies as if the body were the grantor, or the grantee, as the case may be, of the interest in respect of the reserve land.

Any interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered proprietor of the reserve land.

This section applies if a cultural redress property is subject to an interest (other than an interest in land) that is listed for the property in Schedule 3, and for which there is a grantor, whether or not the interest also applies to land outside the cultural redress property.

The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property.

The interest applies—

This section also applies to the Kauri Point property, if—

If subsection (4) applies, then despite subsection (2), the interest applies as if the joint management body were the grantor of the interest in respect of the reserve land.

In sections 54 to 64, a reference to the vesting of a cultural redress property, or the vesting of the fee simple estate in a cultural redress property, includes the vesting of an undivided share of the fee simple estate in the Kauri Point property.

This section applies to a cultural redress property vested in any trustees under this subpart.

Subsection (3) applies to a cultural redress property (other than the Kauri Point property or Motuotau Island), but only to the extent that the property is all of the land contained in a computer freehold register.

The Registrar-General must, on written application by an authorised person,—

Subsection (5) applies to—

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

For the Kauri Point property, the Registrar-General must, in accordance with a written application by an authorised person,—

Subsections (5) and (6) are subject to the completion of any survey necessary to create a computer freehold register.

A computer freehold register for a cultural redress property (other than the Kauri Point property) must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—

A computer freehold register for the Kauri Point property must be created under this section as soon as is reasonably practicable after the date on which the property vests, but no later than—

In this section, authorised person means a person authorised by the Director–General.

The vesting of the fee simple estate in a cultural redress property in any trustees under this subpart 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.

Section 24 of the Conservation Act 1987 does not apply to the vesting of a reserve property.

If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property.

Subsections (2) and (3) do not limit subsection (1).

The Registrar-General must record on the computer freehold register—

A notification made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.

For a reserve property (other than the Kauri Point property), if the reservation of the property under this subpart is revoked for—

For the Kauri Point property, if the reservation of the property under this subpart is revoked for—

The Registrar-General must comply with an application received in accordance with subsection (3)(a) or (4)(a), as relevant.

The vesting of the fee simple estate in a cultural redress property under this subpart 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 deed of settlement in relation to a cultural redress property.

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this subpart, of the reserve status of a cultural redress property.

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the date on which the property vests, was all or part of a Crown protected area.

The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.

In this section, Board, Crown protected area, Gazetteer, and official geographic name have the meanings given in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

The trustees are the administering body of a reserve property, except as provided for in section 44 (which relates to the Kauri Point property).

Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve property.

If the reservation of a reserve property under this subpart is revoked under section 24 of the Reserves Act 1977 for all or part of the property, section 25(2) of that Act applies to the revocation, but not the rest of section 25 of that Act.

A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, despite anything in that Act.

A reserve property must not have a name assigned to it or have its name changed under section 16(10) of the Reserves Act 1977 without the written consent of the owners of the property, and section 16(10A) of that Act does not apply to the proposed name.

While the Western Bay of Plenty District Council is the administering body of the Kauri Point property,—

This section applies to all or the part of a reserve property that remains a reserve under the Reserves Act 1977 after the property has vested in any trustees under this subpart.

The fee simple estate in the reserve land in the Kauri Point property may only be transferred in accordance with section 62.

The fee simple estate in the reserve land in any other property may only be transferred in accordance with section 61 or 62.

In this section and sections 61 to 63, reserve land means the land that remains a reserve as described in subsection (1).

The registered proprietors of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners).

The Minister of Conservation must give written consent to the transfer if the registered proprietors satisfy the Minister that the new owners are able to—

The Registrar-General must, upon receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.

The required documents are—

The new owners, from the time of their registration under this section,—

A transfer that complies with this section need not comply with any other requirements.

The registered proprietors of the reserve land may transfer the fee simple estate in the reserve land if—

The owners of reserve land must not mortgage, or give a security interest in, the reserve land.

This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 or the Reserves Act 1977 in relation to a reserve property before the property was vested under this subpart.

The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 or the Reserves Act 1977.

In this subpart, unless the context otherwise requires,—

This subpart takes effect on and from a date specified by Order in Council made on the recommendation of the Minister of Conservation.

The Minister must not make a recommendation unless and until—

The iwi are—

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

The fee simple estate in Ōtanewainuku vests as undivided one-sixth shares in the following as tenants in common:

Ōtanewainuku 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 Ōtanewainuku Scenic Reserve.

The joint management body established by section 69 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.

Subsections (1) to (5) do not take effect until the persons described in subsection (2) have provided the Crown with a registrable easement in gross for a right of way over Ōtanewainuku on the terms and conditions set out in part 4 of the documents schedule.

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

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

The fee simple estate in Pūwhenua vests as undivided one-sixth shares in the following as tenants in common:

Pūwhenua 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 Pūwhenua Scenic Reserve.

The joint management body established by section 69 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.

A joint management body is established for Ōtanewainuku Scenic Reserve and Pūwhenua Scenic Reserve.

The following are appointers for the purposes of this section:

Each appointer may appoint 1 member to the joint management body.

A member is appointed only if the appointer gives written notice with the following details to the other appointers:

An appointment ends after 5 years or when the appointer replaces the member by making another appointment.

A member may be appointed, reappointed, or discharged at the discretion of the appointer.

Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a board.

However, the first meeting of the body must be held no later than 2 months after the vesting date.

The registered proprietors of an undivided share in the fee simple estate in a joint cultural redress property must not transfer the undivided share.

However, the registered proprietors may transfer the undivided share if—

Each joint cultural redress property vests under this subpart subject to, or together with, any interests listed for the property in Schedule 4 or granted in relation to the property before the vesting date.

This section applies to a joint cultural redress property while all or part of the property remains a reserve under the Reserves Act 1977 (the reserve land).

If the property is affected by an interest that is an interest in land and the interest is listed for the property in Schedule 4 or granted in relation to the property before the vesting date, the interest applies as if the administering body were the grantor, or the grantee, as the case may be, of the interest in respect of the reserve land.

Any interest that is an interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered proprietor of the land.

However, subsections (2) and (3) do not affect the registration of the easement referred to in section 67(6).

This section applies if a joint cultural redress property is subject to an interest (other than an interest in land) that is listed for the property in Schedule 4, or that is granted in relation to the property before the vesting date, and for which there is a grantor, whether or not the interest also applies to land outside the joint cultural redress property.

The interest applies as if the owners of the joint cultural redress property were the grantor of the interest in respect of the property, except to the extent that subsection (3) applies.

If all or part of the joint cultural redress property is reserve land to which section 72 applies, the interest applies as if the administering body of the reserve land were the grantor of the interest in respect of the reserve land.

The interest applies—

This section applies in relation to the fee simple estate in a joint cultural redress property vested under this subpart.

The Registrar-General must, in accordance with an application received from an authorised person,—

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

A computer freehold register must be created under this section as soon as is reasonably practicable after the vesting date, but no later than—

In this section, authorised person means a person authorised by the Director-General.

The vesting of the fee simple estate in a joint cultural redress property under this subpart is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24, 24A, and 24AA of that Act do not apply to the disposition.

If the reservation of a joint cultural redress property under section 67(3) or 68(3) is revoked in relation to all or part of the property, then the vesting is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 in relation to all or that part of the property.

The Registrar-General must record on a computer freehold register for a joint cultural redress property that—

A notification made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.

If the reservation under section 67(3) or 68(3) is revoked for—

The Registrar-General must comply with an application received in accordance with subsection (3)(a).

The vesting of the fee simple estate in a joint cultural redress property under this subpart 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 deed of settlement in relation to a joint cultural redress property.

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a joint cultural redress property.

If the reservation under section 67(3) or 68(3) of a joint cultural redress property as a reserve is revoked under section 24 of the Reserves Act 1977 in relation to all or part of the property, section 25(2) of that Act applies to the revocation, but not the rest of section 25.

The registered proprietors of a joint cultural redress property must not mortgage, or give a security interest in, all or any part of the property that, at any time after vesting under section 67 or 68, remains a reserve under the Reserves Act 1977.

This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 or the Reserves Act 1977 in relation to a joint cultural redress property before the property vested under section 67 or 68.

The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 or the Reserves Act 1977.

A joint cultural redress property is not a Crown protected area.

The Minister must not change the name of a joint cultural redress property under section 16(10) of the Reserves Act 1977 without the written consent of the administering body of the property, and section 16(10A) of that Act does not apply to the proposed change.

In this section, Crown protected area has the meaning given in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

In this subpart,—

To give effect to part 6 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised—

Subsection (3) applies to a commercial property or a deferred selection property that is subject to a resumptive memorial recorded under any enactment listed in section 17(2).

As soon as is reasonably practicable after the date on which a commercial property or a deferred selection property is transferred under subsection (1), the chief executive of the land holding agency must give written notice of that date to the chief executive of LINZ for the purposes of section 18 (which relates to the cancellation of resumptive memorials).

This section applies to each of the following properties that is to be transferred to the trustees of the Ngāi Te Rangi Settlement Trust or the trustees of the Ngā Pōtiki a Tamapahore Trust under section 83:

However, this section applies only to the extent that—

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

Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.

In this section and section 85, authorised person means a person authorised by the chief executive of the land holding agency for the relevant property.

For the purposes of section 84, the authorised person may grant a covenant for the later creation of a computer freehold register for any commercial property or deferred selection property.

Despite the Land Transfer Act 1952,—

This section applies to the transfer of the fee simple estate in a commercial property or a deferred selection property under section 83.

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 deed of settlement 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 83, 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).

In this subpart and Schedule 5,—

In this subpart, RFR land means—

Land ceases to be RFR land if—

The Minister for Treaty of Waitangi Negotiations must, for Te Puna Katikati RFR land that is required as cultural redress for the settlement of other historical Treaty claims, give notice to the following persons that the land ceases to be RFR land:

The notice may be given at any time before a contract is formed under section 95 for the disposal of the land.

In this section,—

An RFR landowner must not dispose of RFR land to a person other than the relevant trustees or their nominee unless the land is disposed of—

An offer by an RFR landowner to dispose of RFR land to the relevant trustees must be by notice to the relevant trustees.

The notice must include—

The expiry date of an offer must be on or after the date that is 20 working days after the date on which the relevant trustees receive notice of the offer.

However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the relevant trustees receive notice of the offer if—

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

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

The relevant trustees must accept all the RFR land offered, unless the offer permits them to accept less.

If the relevant trustees accept 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 relevant trustees on the terms in the offer.

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

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

The relevant trustees may nominate a nominee only if—

The notice must specify—

If the relevant trustees nominate a nominee, the relevant trustees remain 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—

The Bay of Plenty District Health Board (established by section 19(1) of the New Zealand Public Health and Disability Act 2000), or any of its subsidiaries, may dispose of RFR land to any person if the Minister of Health has given notice to the trustees of the Ngāi Te Rangi Settlement Trust that, in the Minister’s opinion, the disposal will achieve, or assist in achieving, the district health board’s objectives.

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 relevant trustees notice of the disposal of RFR land by the landowner to a person other than the relevant trustees or their 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—

Subsections (2) and (3) apply 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—

Subsections (5) and (6) apply if the Minister for Treaty of Waitangi Negotiations gives notice under section 89 that any RFR land contained in a computer register ceases to be RFR land.

The RFR landowner must, as soon as practicable after receiving the notice under section 89, give the chief executive of LINZ notice that the land has ceased to be RFR land.

The notice must include—

Schedule 5 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 relevant trustees 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 110(2), issue to the Registrar-General a certificate that includes—

The chief executive must provide a copy of each certificate to the relevant trustees 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 112 for the land described in the certificate.

The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice under section 110(5), issue to the Registrar-General a certificate that includes—

The chief executive must provide a copy of each certificate to the trustees of the Ngāi Te Rangi Settlement Trust 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 from the computer register identified in the certificate any notification recorded under section 112 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 relevant trustees 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 112 from any computer register identified in the certificate.

The relevant trustees may, by notice to an RFR landowner, waive any or all of the rights the relevant trustees have in relation to the landowner under this subpart.

The relevant trustees 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 5 apply to the assignees (instead of to the RFR holder) as if the assignees were the relevant trustees, with any necessary modifications.

In this section,—