Te Awa Tupua (Whanganui River Claims Settlement) Bill

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15 Legal effect of declaration of Te Awa Tupua status

(1)

This section applies to persons exercising or performing a function, power, or duty under an Act referred to in Schedule 2

(a)

if the exercise or performance of that function, power, or duty relates to—

(i)

the Whanganui River; or

(ii)

an activity within the Whanganui River catchment that affects the Whanganui River; and

(b)

if, and to the extent that, the Te Awa Tupua status or Tupua te Kawa relates to that function, duty, or power.

(2)

Persons exercising or performing a function, power, or duty (decision makers) under the Acts listed in clause 1 of Schedule 2 must recognise and provide for—

(a)

the Te Awa Tupua status; and

(b)

Tupua te Kawa.

(3)

Decision makers under the Acts listed in clause 2 of Schedule 2 must have particular regard to—

(a)

the Te Awa Tupua status; and

(b)

Tupua te Kawa.

(4)

The obligations under subsections (2) and (3)

(a)

apply in addition to section 11(1); and

(b)

must be carried out in a manner that is consistent with the purpose of the Act under which the function, power, or duty is exercised or performed.

(5)

Subsections (2) and (3)

(a)

do not remove, or prevent the exercise of, any discretion that a decision maker has in exercising or performing a function, power, or duty under an Act referred to in subsection (2) or (3); but

(b)

permit a decision maker to consider the Te Awa Tupua status and Tupua te Kawa as determining factors when exercising or performing a function, power, or duty under an Act listed in Schedule 2.

(6)

If the exercise or performance of a function, power, or duty under subsection (2) or (3) requires a decision, document, or report, that decision, document, or report must state how the requirements of subsection (2) or (3), as the case may be, have been complied with.