This Part gives effect to Te Pā Auroa nā Te Awa Tupua, a framework that provides for—

Te Pā Auroa is a relevant consideration in the exercise of all statutory functions, powers, and duties in relation to the Whanganui River or to activities in its catchment that affect the Whanganui River.

The statutory functions, powers, and duties referred to in subsection (1) must be exercised in a manner that is consistent with the purpose of the legislation under which those statutory functions, powers, and duties are exercised.

This Part must be interpreted in a manner that best furthers—

Te Awa Tupua is an indivisible and living whole, comprising the Whanganui River from the mountains to the sea, incorporating all its physical and metaphysical elements.

Tupua te Kawa comprises the intrinsic values that represent the essence of Te Awa Tupua, namely—

Ko Te Kawa Tuatahi

Ko Te Kawa Tuarua

Ko Te Kawa Tuatoru

Ko Te Kawa Tuawhā

Te Awa Tupua is a legal person and has all the rights, powers, duties, and liabilities of a legal person.

The rights, powers, and duties of Te Awa Tupua must be exercised or performed, and responsibility for its liabilities must be taken, by Te Pou Tupua on behalf of, and in the name of, Te Awa Tupua, in the manner provided for in this Part and in Ruruku Whakatupua—Te Mana o Te Awa Tupua.

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

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

The obligations under subsections (2) and (3)—

Subsections (2) and (3)—

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.

Unless expressly provided for by or under this Act, nothing in this Act—

Te Awa Tupua is to be treated as—

The office of Te Pou Tupua is established.

The purpose of Te Pou Tupua is to be the human face of Te Awa Tupua and act in the name of Te Awa Tupua.

Te Pou Tupua has full capacity and all the powers reasonably necessary to achieve its purpose and perform and exercise its functions, powers, and duties in accordance with this Act.

The functions of Te Pou Tupua are—

Without limiting subsection (1), Te Pou Tupua, in performing its functions,—

The office of Te Pou Tupua comprises 2 persons appointed by the nominators as follows:

The office of Te Pou Tupua comprises 2 persons appointed by nominators as set out in subsections (1A), (1B), and (1C).

One person must be nominated by the iwi with interests in the Whanganui River and one person must be nominated on behalf of the Crown as provided for in subsections (1B) and (1C).

In the case of the first nomination after the commencement of this Act, 1 person must be nominated on behalf of the Crown by the Minister for Treaty of Waitangi Negotiations, in consultation with the Minister for Māori Development, the Minister of Conservation, and the Minister for the Environment.

For all subsequent nominations, 1 person must be nominated on behalf of the Crown by the Minister for the Environment, in consultation with the Minister for Māori Development, the Minister of Conservation, and any other Minister that those Ministers consider to be relevant in light of the purpose of Te Pou Tupua.

In making their nominations, each of the nominators a nominator must be satisfied that the relevant nominee has the mana, skills, knowledge, and experience to achieve the purpose and perform the functions of Te Pou Tupua.

However, before making a nomination, a nominator must give notice to the other nominator—

The nominators must jointly appoint the persons nominated under subsection (1), having regard to the ability of the 2 nominees jointly to fulfil the purpose and perform the functions of Te Pou Tupua.

Further provision is made for matters relevant to Te Pou Tupua in Part 1 of Schedule 3.

In this section and Schedule 3, nominator means, as the case requires,—

The persons appointed to Te Pou Tupua are not personally liable for any action taken or omission made in their capacity as Te Pou Tupua, but only if the action or omission relates to their powers and functions under this Act and they have acted in good faith.

Except as provided for in section 56, Te Pou Tupua is responsible for the liabilities of Te Awa Tupua.

Te Pou Tupua and the trustees must enter into a contract under which the trustees provide administrative support for Te Pou Tupua, including support in the administration of Te Korotete (the Te Awa Tupua Fund), unless Te Pou Tupua and the trustees agree otherwise.

The persons appointed to Te Pou Tupua are to be treated, for the purpose of applying for registration as a charitable entity under the Charities Act 2005, as officers of Te Awa Tupua.

Te Pou Tupua is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

Te Awa Tupua and Te Pou Tupua are deemed to be the same person for the purposes of the Inland Revenue Acts and the liabilities and obligations placed on a person under those Acts.

In particular, and to avoid doubt,—

Any income, expenditure, supply, acquisition, or use as described in subsection (2) is not income, expenditure, supply, acquisition, or use by Te Awa Tupua.

A notice issued by the Commissioner of Inland Revenue to Te Awa Tupua is treated for the purposes of the Inland Revenue Acts as a notice issued to Te Pou Tupua.

Despite subsections (1) to (4), Te Awa Tupua and Te Pou Tupua are jointly and severally liable under the Inland Revenue Acts.

This section amends the Income Tax Act 2007.

After section CH 10, insert:

After section CW 40B, insert:

An advisory group to be known as Te Karewao is established to provide advice and support to Te Pou Tupua in the performance of its functions.

In providing advice and support to Te Pou Tupua, Te Karewao must act in the interests of Te Awa Tupua and consistently with Tupua te Kawa.

Part 2 of Schedule 3 provides for matters relevant to Te Karewao.

Te Karewao consists of—

If Te Pou Tupua performs a function in relation to a discrete part of the Whanganui River, Te Karewao must also include 1 person appointed by the iwi and hapū with interests in that part of the River, but only for the purpose of providing advice and support about that function.

Despite subsections (1) and (2), Te Pou Tupua may invite other persons to assist it or Te Karewao, including representatives of—

Persons invited under subsection (3) to give assistance do not become members of Te Karewao.

Te Kōpuka is established to be a strategy group for Te Awa Tupua.

Te Kōpuka comprises representatives of persons and organisations with interests in the Whanganui River, including iwi, relevant local authorities, departments of State, commercial and recreational users, and environmental groups.

The purpose of Te Kōpuka is to act collaboratively to advance the health and well-being of Te Awa Tupua.

Further provisions relating to Te Kōpuka are set out in Part 1 of Schedule 4.

The primary function of Te Kōpuka is to develop and approve Te Heke Ngahuru.

Further functions of Te Kōpuka are—

In performing its functions, Te Kōpuka must have particular regard to—

Te Kōpuka may determine, in any particular circumstances, whether, how, and to what extent it performs any function specified in subsection (2).

Te Kōpuka has full capacity and all the powers reasonably necessary to achieve its purpose and perform its functions.

Te Kōpuka consists of not more than 17 members, appointed by the appointers as follows:

The Manawatu–Wanganui Regional Council must make the appointments under subsection (1)(g) to (j), but only after it has consulted any groups representing the interests referred to in those paragraphs, the relevant departments of State, and other relevant agencies.

The appointers must use their best endeavours to appoint members not later than 40 working days—

Before making an appointment under subsection (1), each appointer must—

In this section and section 33(3), appointers means the persons responsible for making appointments to Te Kōpuka under subsections (1) and (2).

Despite Schedule 7 of the Local Government Act 2002, Te Kōpuka is a permanent joint committee for the administrative purposes of—

The relevant local government legislation does not apply to Te Kōpuka.

In this section, permanent joint committee means a joint committee described in clause 30(1)(b) of Schedule 7 of the Local Government Act 2002 except that the committee must not be discharged other than with the written and unanimous agreement of the appointers.

If at any time the Manawatu–Wanganui Regional Council adopts, under any legislation, a collaborative planning process to develop a policy statement or plan relating to freshwater management in the Whanganui River catchment, Te Kōpuka is to be the group appointed by the Council for that process.

The purpose of Te Heke Ngahuru is to provide for the collaboration of persons with interests in the Whanganui River, in order to address and advance the health and well-being of Te Awa Tupua.

Te Heke Ngahuru must—

Provisions relating to the development, approval, notification, and review of Te Heke Ngahuru are set out in Part 2 of Schedule 4.

Persons exercising or performing functions, powers, or duties under any of the Acts referred to in subsection (2) must have particular regard to Te Heke Ngahuru.

The Acts are as follows:

The obligations under subsection (1) apply—

If the exercise or performance of a function, power, or duty referred to in this section is the subject of a written report, decision, or document, the report, decision, or document must state how subsection (1) has been complied with.

A person exercising or performing a function, power, or duty to which this section applies may, in his or her discretion, adopt or implement Te Heke Ngahuru, wholly or in part, including as part of an RMA planning document, but may do so only in accordance with the applicable statutory process.

In this section and section 38, RMA planning document means a regional policy statement, regional plan, or district plan as these terms are defined in section 43AA of the Resource Management Act 1991.

Each time Te Heke Ngahuru, or an amendment to it, is approved, each relevant local authority—

If a relevant local authority initiates a review under subsection (1), on completion of that review,—

In this subpart and Schedule 5,—

To avoid doubt, in this subpart and Schedule 5, Whanganui River does not include any lake or lake bed.

On the settlement date, any Crown-owned part of the bed of the Whanganui River that is—

On the settlement date, the fee simple estate in the Crown-owned parts of the bed of the Whanganui River vests in Te Awa Tupua.

The vesting by subsection (1) does not include—

Despite section 11(1) of the Crown Minerals Act 1991, the vesting by subsection (1) includes pakohe, gravel, sand, and shingle in or on the land that is vested, but only to the extent that they are owned by the Crown.

Upon the vesting of the fee simple estate in the Crown-owned parts of the bed of the Whanganui River by section 41(1), any part that, immediately before the vesting, was—

The functions, powers, and duties arising under an Act referred to in subsection (1) continue to apply instead of the functions, powers, and duties that would otherwise have been exercised or performed by Te Pou Tupua under section 19(1)(d)(i) as a result of the vesting.

The following land, for as long as it is part of the bed of the Whanganui River, must not be alienated:

In this section, alienate—

Subsection (1) does not apply to minerals vested in Te Awa Tupua by section 41(3).

If a matter arises that may lead to the development of a proposal to acquire or take an interest in land less than a fee simple estate under Part 2 of the Public Works Act 1981, as soon as is reasonably possible the Crown or local authority, as the case may be, must—

In subsection (4)(b), the process of engagement between Te Pou Tupua and the Crown or local authority, as the case may be, includes a requirement—

The following legislation does not apply to the vesting of land by section 41(1) or under section 53(3):

The vesting by section 41(1) or under section 53(3) does not, unless expressly provided for,—

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

Subsection (2) applies if, and to the extent that, there are water boundaries between the Whanganui River and the adjoining lands.

The common law rules of accretion, erosion, and avulsion apply to the water boundaries when the adjoining lands are subject to those rules.

In relation to land transferred or vested under section 48(2) or 49(1), the boundary between the transferred or vested land and any adjoining land is a water boundary.

The vesting of the Crown-owned parts of the bed of the Whanganui River by section 41(1) or under section 53(3) or 55(3)(a) does not create or transfer—

The following matters are preserved and not affected by the vesting of the Crown-owned parts of the Whanganui River by section 41(1) or under section 53(3) or 55(3)(a):

Despite the vestings referred to in subsection (1),—

In this section,—

In this section, existing interest means, in relation to land vested by section 41(1) or under section 53(3) or 55(3)(a), a lawful interest in existence immediately prior to the date on which the land is vested.

An existing interest continues to apply in accordance with its terms, with any necessary modifications, until—

Unless section 42(2) applies, on and from the date on which the land is vested,—

This section—

The part of the land on which the bed of the Whanganui River is located may be transferred to, or vested in, Te Awa Tupua as long as written agreement for the transfer or vesting is first obtained from Te Pou Tupua and the owner of the land.

If any land transferred to, or vested in, Te Awa Tupua under this section is subject to a lease, licence, mortgage, or charge, the consent of the holder of the lease, licence, mortgage, or charge is required.

If part of the Whanganui River is located on Māori freehold land, the Māori Land Court may, on application by a person referred to in subsection (2), make a vesting order to vest in Te Awa Tupua the part of any Māori freehold land on which the bed of the Whanganui River is located.

The persons who may apply to the Māori Land Court under subsection (1) are—

The Māori Land Court must not make a vesting order under subsection (1)—

The Māori Land Court must not make a vesting order in respect of Māori freehold land set apart as a Māori reservation under Part 17 of Te Ture Whenua Maori Act 1993 or any prior enactment to the same effect unless—

Land that is subject to a lease, licence, mortgage, or charge may be vested in Te Awa Tupua under this section, but only with the consent of the holder of the lease, licence, mortgage, or charge.

In exercising its jurisdiction under subsection (1), the Māori Land Court may make other orders that it considers necessary—

In exercising its powers under subsection (6)(b), the Māori Land Court—

Every order made under subsection (6)(b)—

The following provisions of Te Ture Whenua Maori Act 1993 apply, as relevant, to orders made under subsection (1):

If land is transferred to, or vested in, Te Awa Tupua under section 48(2) or 49(1), the Registrar-General must, upon registration of the transfer or vesting of the land,—

Land vested under section 49(1) ceases to be Māori freehold land upon registration of the vesting order.

The land transferred or vested under section 48(2) or 49(1) must, for as long as Te Awa Tupua remains the legal owner of the land, be described in the cadastre as part of the bed of the Whanganui River.

The transfer or vesting of land under section 48(2) or 49(1) is subject to the completion of any survey required to create a computer register for any balance land.

This section applies—

If the conditions set out in subsection (1) are met,—

In making a vesting order under subsection (2)(b), the Māori Land Court—

Land transferred or vested under subsection (2) becomes adjoining land to which section 45 applies.

Land vested under subsection (2)(b) becomes Māori freehold land upon registration of the vesting order.

A transfer or vesting under subsection (2) is subject to the completion of any survey required to create a computer register for the land to be transferred or vested.

The owner of the appurtenant land may apply to the Registrar-General to issue 1 computer register for the appurtenant land and the land transferred or vested under this section.

The Registrar-General must comply with an application received under subsection (7).

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the transfer or vesting of land under section 48(2), 49(1), or 51(2) or to any matter incidental to, or required for, the purpose of that transfer or vesting.

A transfer or vesting referred to in subsection (1) does not—

Section 123 of Te Ture Whenua Maori Act 1993 applies to any orders made under section 49(1) or (6) or 51(2)(b) or (3)—

In relation to a transfer or vesting referred to in subsection (1), 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.

Subsection (3) applies to any part of land owned by the Crown if, after the settlement date,—

The Acts referred to in subsection (1)(a) are—

On and from the date on which the land referred to in subsection (1) becomes part of the bed of the Whanganui River, the fee simple estate in that land vests in Te Awa Tupua as if that land were vested by section 41(1).

This section applies if, after the settlement date,—

If the land to which this section applies was previously vested in Te Awa Tupua under section 53(3) or by section 41(1), on and from the date that the land ceases to be part of the bed of the Whanganui River, that land—

However, in relation to land to which this section applies, any existing interests continue to apply under the legislation that applied to that interest prior to the vesting in, or transfer of the land to, Te Awa Tupua until the interest expires or is terminated, whichever is the sooner.

In subsection (3), existing interests has the meaning given in section 47(1).

This section applies to any parts of the bed of the Whanganui River that are held by the Crown under the Public Works Act 1981.

If at any time a part of the bed of the Whanganui River to which this section applies is no longer required for a public work under the Public Works Act 1981, the chief executive of Land Information New Zealand must—

If any land that is part of the bed remains in Crown ownership after the requirements under subsection (2)(b) have been complied with,—

Land vested under subsection (3)(a)—

Part 4A of the Conservation Act 1987 and section 11 and Part 10 of the Resource Management Act 1991 do not apply—

Subsection (7) applies if—

Land described in subsection (6) vests in the Crown as Crown land subject to the Land Act 1948.

The liabilities of Te Awa Tupua in respect of land it owns by virtue of section 41(1), 53(3), or 55(3)(a) are excluded in accordance with clause 1 of Schedule 5.

On and from the date on which land is vested by section 41(1) or under section 53(3) or 55(3)(a), the Crown continues to have the liabilities applying under clause 2 of Schedule 5.

There is a fund called Te Korotete.

Te Korotete includes the Crown contribution to Te Korotete, as provided for by clause 7.1 of Ruruku Whakatupua—Te Mana O Te Awa Tupua.

The purpose of Te Korotete is to support the health and well-being of Te Awa Tupua.

Te Korotete must be—

In administering Te Korotete, Te Pou Tupua must—

To avoid doubt,—

The trustees must support Te Pou Tupua in the administration of Te Korotete, as may be required by the contract entered into under section 22.

Te Pou Tupua must allocate the Crown contribution to Te Korotete on a contestable basis in accordance with the processes required by clauses 7.5 and 7.7 of Ruruku Whakatupua—Te Mana o Te Awa Tupua.

Te Pou Tupua may allocate, as provided for in subsection (3),—

Money to which subsection (2) refers may be allocated—

In this section, Crown contribution means the contribution referred to in section 57(2).

No person may, without making a written request to Te Pou Tupua and receiving a written authorisation from Te Pou Tupua,—

Subsection (1) applies to the use, in the manner described in paragraphs (a) to (c), of any other name, title, style, or designation that so resembles the name Te Awa Tupua as to be likely to mislead, confuse, or deceive a person into believing that there is an association with Te Awa Tupua.

Subsection (4) applies to a request under subsection (1) by—

Te Pou Tupua must not unreasonably withhold the requested authorisation, if the proposed use—

If Te Pou Tupua considers that the grant of an authorisation may adversely affect the mana of Te Awa Tupua, Te Pou Tupua must—

If Te Pou Tupua considers that the name Te Awa Tupua is being used in a manner contrary to subsection (1) or (2), Te Pou Tupua may—

A register of hearing commissioners, to be called the Te Awa Tupua register, must be developed and agreed, in consultation with iwi with interests in the Whanganui River, by—

The purpose of the register is to provide a register of persons qualified to hear and determine applications under the Resource Management Act 1991 for resource consents—

Te Pou Tupua must maintain the Te Awa Tupua register.

In this section, section 62, and Schedule 6, hearing commissioner means a person accredited under section 39A of the Resource Management Act 1991 to act as a hearing commissioner.

The iwi with interests in the Whanganui River may nominate hearing commissioners to be included on the Te Awa Tupua register.

The Te Awa Tupua register must include persons who have—

Further provisions relating to the Te Awa Tupua register are set out in Schedule 6.

Subsection (2) applies if—

Despite sections 95D(e) and 104(3)(a)(ii) of the Resource Management Act 1991, the consent authority must not disregard any effect on the Whanganui River.

As soon as practicable after the settlement date, the groups and organisations referred to in subsection (2) (the collaborative group) must collectively establish a process under which they collaborate to—

The collaborative group consists of representatives of—

Without limiting the requirements of subsection (1), the collaborative group must consider—

The collaborative group must—

In subsection (3)(b), regulatory provisions—

In this section and section 65, relevant Ministers includes 1 or more of the following:

After the relevant Ministers have considered the report required by section 64(4)(b), they may recommend, if they are satisfied that the existing regulatory methods are inadequate for the purposes described in subsection (2), that the Governor-General make regulations for 1 or more of those purposes.

The Governor-General may, by Order in Council made on the recommendation of the relevant Ministers given in accordance with subsection (1), make regulations relating to the management of activities carried out on the surface of the water of the Whanganui River for the purpose of providing for—

As soon as practicable after the settlement date, the groups and organisations referred to in subsection (2) must establish a representative group (the fisheries co-ordination group) to—

The fisheries co-ordination group consists of representatives of—

The members of the fisheries co-ordination group must agree on the terms of reference for the group.

This section, and actions taken under it, do not limit the rights of any iwi under—

As soon as practicable after the settlement date, the iwi with interests in the Whanganui River and the Ministry for Primary Industries (together, the participants) must establish a collaborative process to develop regulations under the Fisheries Act 1996 for the management of customary food gathering by the iwi with interests in the Whanganui River.

The Governor-General may, by Order in Council made on the recommendation of the Minister for Primary Industries given in accordance with subsection (3), make regulations under the Fisheries Act 1996 to provide for—

The Minister for Primary Industries must recommend the making of regulations if the participants agree and give notice to the Minister that regulations are required for the management of customary food gathering in relation to the Whanganui River.

This section applies to taonga tūturu found in the Whanganui River on or after the settlement date.

The taonga tūturu must be held in the interim custody of Te Awa Tupua until the ownership of the taonga tūturu is determined under the Protected Objects Act 1975, subject to any conditions that the chief executive considers appropriate.

Subsection (2) does not apply if, at any time, the chief executive, in his or her discretion, considers that an alternative to the interim custody of Te Awa Tupua would be appropriate in the circumstances, such as, for example, if conservation treatment is required.

The discretion of the chief executive or any other person under section 11(2) of the Protected Objects Act 1975 to apply to the Māori Land Court applies under this section.

Te Pou Tupua must, in accordance with section 11(3) of the Protected Objects Act 1975, notify the chief executive when taonga tūturu are found in the Whanganui River and are being held in the interim custody of Te Awa Tupua.

For the purpose of giving a notice required by section 11(4)(a)(ii) of the Protected Objects Act 1975, Te Awa Tupua is to be treated as a party that has an interest in a taonga tūturu to which this section applies.

This section does not limit—

In this section, chief executive means the chief executive of the Ministry for Culture and Heritage.

The Crown acknowledges through this settlement that Te Awa Tupua is an indivisible and living whole, comprising the Whanganui River from the mountains to the sea, incorporating its tributaries and all its physical and metaphysical elements—“E rere kau mai te Awa nui, mai i te Kāhui Maunga ki Tangaroa”.

The Crown acknowledges that to Whanganui Iwi the enduring concept of Te Awa Tupua—the inseparability of the people and the River—underpins the responsibilities of the iwi and hapū of Whanganui in relation to the care, protection, management, and use of the Whanganui River in accordance with the kawa and tikanga maintained by the descendants of Ruatipua, Paerangi, and Haunui-a-Paparangi.

The Crown acknowledges and respects the intrinsic connection between the iwi and hapū of Whanganui and the Whanganui River reflected in the Whanganui pepeha, “Ko au te awa, ko te awa ko au”.

The Crown acknowledges the importance of the Whanganui River as a source of physical and spiritual sustenance for iwi and hapū of Whanganui, including—

The Crown acknowledges that the iwi and hapū of Whanganui, over many generations since 1840, have maintained the position that they never willingly or knowingly relinquished their rights and interests in the Whanganui River and have sought to protect and provide for their special relationship with the Whanganui River in many ways, including—

The Crown acknowledges that it has not adequately dealt with the longstanding grievances of the iwi and hapū of Whanganui in relation to the Whanganui River.

The Crown acknowledges that since 1840 it has assumed control and authority over the Whanganui River. In particular, the Crown acknowledges that it promoted and implemented legislation during the nineteenth and early twentieth centuries that had little or no recognition of Whanganui Iwi interests in the Whanganui River and that had no provision for the involvement of Whanganui Iwi in the management of the River, including—

The Crown acknowledges that it has failed to recognise, respect, and protect the special relationship of the iwi and hapū of Whanganui with the Whanganui River.

The Crown acknowledges that—

The Crown acknowledges that the Crown and other parties have extracted large amounts of gravel from the bed of the Whanganui River and that the effects of that extraction and the lack of compensation have been a source of grievance for Whanganui Iwi since the late nineteenth century.

The Crown acknowledges that by the middle of the twentieth century the cumulative effect of the Crown’s acts and omissions in relation to the Whanganui River had caused significant prejudice to Whanganui Iwi.

The Crown acknowledges that the cumulative effect of these acts and omissions amounted to a failure to actively protect the interests of Whanganui Iwi and was a breach of the Treaty of Waitangi and its principles.

The Crown acknowledges that the cumulative effect of its actions and omissions undermined the ability of the iwi and hapū of Whanganui to exercise their customary rights and responsibilities in respect of the Whanganui River and consequently the expression of their mana.

The Crown acknowledges that the litigation between 1938 and 1962 relating to the ownership of the bed of the Whanganui River—

The Crown acknowledges that in relation to the creation and establishment of the Tongariro Power Development Scheme—

The Crown acknowledges that the diversion of the headwaters of the Whanganui River for the Tongariro Power Development scheme—

The Crown acknowledges the national importance of the Whanganui River and its contribution to New Zealand’s development through—

The Crown acknowledges that through this settlement Whanganui Iwi have sought to bring all the iwi, hapū, and other communities of the Whanganui River together for the common purpose of upholding and protecting the mana of the Whanganui River and its health and well-being for the benefit of future generations and, ultimately, all of New Zealand.

The Crown acknowledges that the approach taken by Whanganui Iwi in respect of this settlement represents significant compromise and generosity of spirit by Whanganui Iwi and promotes a collaborative, inclusive approach to the Whanganui River and its future governance and management with the recognition and protection of Te Awa Tupua at its heart.

The text of the apology offered by the Crown to Whanganui Iwi, as set out in Ruruku Whakatupua—Te Mana o Te Iwi o Whanganui, is as follows:

The Crown acknowledges that Whanganui Iwi—

The Crown further acknowledges that—

For the purposes of the Resource Management Act 1991, the trustees—

For the purposes of Acts other than the Resource Management Act 1991, in relation to matters relating to or affecting the Whanganui River, the trustees—

The trustees are to be treated as a public body for the purposes of—

Sections 72 and 73 do not provide the trustees with a right to be consulted or notified (including limited notification under the Resource Management Act 1991) if the trustees would not otherwise have that right.

If there is a discretion under the Resource Management Act 1991 or an Act referred to in section 73 for the decision maker to consult or notify the trustees,—

Sections 72 and 73 do not—

In subsection (3)(a), procedural requirement—

In this subpart and Schedule 7,—

The Crown acknowledges that the carrying out of customary activities by Whanganui Iwi is an integral part of the relationship of Whanganui Iwi with the Whanganui River.

All persons exercising or performing functions and powers under the Resource Management Act 1991 must recognise and provide for the acknowledgement given in subsection (1).

Members of Whanganui Iwi may carry out authorised customary activities on the Whanganui River, subject to the requirements of this subpart and Schedule 7.

Subsection (1) applies despite—

The trustees must, in consultation with the iwi and hapū with interests in the Whanganui River, develop appropriate protocols and processes in relation to—

An authorised customary activity must be carried out in accordance with—

The requirements set out in this section must be met before the following authorised customary activities may be carried out:

For a river stones activity that is to be carried out on or over any part of the Whanganui River that is administered under conservation legislation, the trustees and the Director-General must develop under section 78, and agree, the criteria that must be met before the activity may be carried out.

For a customary fishing activity,—

The criteria developed and agreed under this section may—

The right of members of Whanganui Iwi to carry out authorised customary activities under this subpart—

A customary fishing activity may only be carried out, as the case may require,—

A recognition agreement or a protected customary rights order granted under the Marine and Coastal Area (Takutai Moana) Act 2011 must be in force before any authorised customary activity may be carried out in the common marine and coastal area under section 77.

Nothing in this subpart affects the obligation of any person to comply with the relevant legislation in relation to—

In this section, common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011.

The Crown recognises the statement set out in Schedule 8 on the importance of Ngā Ripo o Whanganui (the rapids of the Whanganui River) to Whanganui Iwi.

In sections 84 to 86,—

The names specified in the second column of the table in clause 8.2 of Ruruku Whakatupua—Te Mana o Te Iwi o Whanganui are the official geographic names of the streams formerly known by the names in the first column 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 84.

The notices 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 the streams to which this subpart applies, 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 Part,—

In this subpart, a reference to any trustees is to those trustees acting in their capacity as trustees.

In this subpart and subpart 2, unless the context otherwise requires, terms used and not defined in those subparts, but defined in—

On the commencement of this Act,—

A person holding office as a member of the Maori Trust Board immediately before the commencement of this Act is not entitled to compensation as a result of the expiry under this section of his or her term of office.

On the commencement of this Act, the assets and liabilities of the Whanganui River Maori Trust Board vest in the trustees of Ngā Tāngata Tiaki o Whanganui and become the assets and liabilities of the trustees.

On vesting, the assets and liabilities become—

In this section, assets and liabilities means the assets and liabilities owned, controlled, or held, wholly or in part, by the Maori Trust Board immediately before the commencement of this Act.

As soon as practicable after the commencement of this Act, the trustees of Ngā Tāngata Tiaki o Whanganui must prepare a final report as if it were an annual report required by section 31 of the Maori Trust Boards Act 1955 for the Whanganui River Maori Trust Board.

The final report must show the financial results of the Maori Trust Board’s affairs during the period starting on the day after the last day covered by the previous annual report and ending on the day before the commencement of this Act.

As soon as practicable after the final report is completed, the trustees of Ngā Tāngata Tiaki o Whanganui must provide it to the Minister for Māori Development, who must present it to the House of Representatives as soon as practicable after receiving it.

On the commencement of this Act, Te Whiringa Muka Trust is dissolved.

On the commencement of this Act, the assets and liabilities of the trustees of Te Whiringa Muka Trust vest in the trustees of Ngā Tāngata Tiaki o Whanganui and become the assets and liabilities of the trustees.

On vesting, the assets and liabilities become—

In this section, assets and liabilities means the assets and liabilities owned, controlled, or held, wholly or in part, by the trustees of Te Whiringa Muka Trust immediately before the commencement of this Act.

To avoid doubt, the assets and liabilities of the subsidiary continue to be the assets and liabilities of the subsidiary.

Subsection (2) applies to any asset or liability of the subsidiary that, immediately before the commencement of this Act, is held subject to any charitable purposes.

On the commencement of this Act,—

If, on the commencement of this Act, the subsidiary is a tax charity for the purposes of the Inland Revenue Acts, the subsidiary ceases to be a tax charity at that time.

To avoid doubt, nothing in this section has the effect, of itself, of causing the subsidiary to be a different person for the purposes of the Inland Revenue Acts.

On the commencement of this Act, the Pakaitore Trust is dissolved as if it were terminated under section 241 of Te Ture Whenua Maori Act 1993.

On the commencement of this Act, the assets and liabilities of the trustees of the Pakaitore Trust vest in the trustees of Ngā Tāngata Tiaki o Whanganui and become the assets and liabilities of the trustees.

On vesting, the assets and liabilities become—

In this section, assets and liabilities means the assets and liabilities owned, controlled, or held, wholly or in part, by the trustees of the Pakaitore Trust immediately before the commencement of this Act.

On and from the commencement of this Act,—

However, any reference in the Maori Fisheries Act 2004 to the date on which the mandated iwi organisation is recognised must be treated as a reference to the date on which the iwi’s first mandated iwi organisation was recognised.

To avoid doubt, on and from the commencement of this Act, Ngā Tāngata Tiaki o Whanganui must—

This section applies only if the constitutional documents of Ngā Tāngata Tiaki o Whanganui or the subsidiary did not comply with the Maori Fisheries Act 2004 immediately before the commencement of this Act, and applies only to whichever documents did not comply.

Subsection (3) applies to the constitutional documents during the period (transition period) that—

The constitutional documents must be treated as if they comply with the Maori Fisheries Act 2004.

Subsection (5) applies to any approval or ratification of the constitutional documents under section 17(2) of the Maori Fisheries Act 2004 given before the commencement of this Act or during the transition period.

The approval or ratification must be treated as if, when given, the constitutional documents complied with the Maori Fisheries Act 2004.

On and from the commencement of this Act,—

Te Ohu Kai Moana Trustee Limited must, in accordance with the Maori Fisheries Act 2004 (with any necessary modifications), take all actions required to provide administratively for the matters set out in sections 101(1) and 103, including making the appropriate changes to the iwi register.

Nothing given effect to or authorised by this subpart—

The trustees of Ngā Tāngata Tiaki o Whanganui are to be treated as if they were the Whanganui Iwi trust under any existing instrument—

An express or implied reference to a Whanganui Iwi trust in an existing instrument or in a register must be read as a reference to the trustees of Ngā Tāngata Tiaki o Whanganui unless the context otherwise requires.

In this section, existing instrument means any agreement, deed, undertaking, application, notice, instrument recording an interest in land, or other document in effect immediately before the commencement of this Act.

A security held by a Whanganui Iwi trust as security for a debt or other liability to the Whanganui Iwi trust incurred before the commencement of this Act—

The trustees of Ngā Tāngata Tiaki o Whanganui are entitled to the same rights and priorities, and subject to the same liabilities, in relation to the security as the relevant Whanganui Iwi trust would be if this Act had not been passed.

A document, matter, or thing that would have been admissible in evidence for or against a Whanganui Iwi trust is, on and after the commencement of this Act, admissible in evidence for or against the trustees of Ngā Tāngata Tiaki o Whanganui.

In this section, document has the meaning given in section 4(1) of the Evidence Act 2006.

The Whanganui Iwi trusts and the subsidiary must be removed, under section 31 of the Charities Act 2005, from the register of charitable entities with effect on and from the commencement of this Act.

This section applies despite anything else in the Charities Act 2005.

The Registrar-General or any other person charged with keeping books or registers is not required to change the name of a Whanganui Iwi trust to the names of the trustees of Ngā Tāngata Tiaki o Whanganui in the books or registers or in a document solely because of the other provisions of this subpart.

If the trustees of Ngā Tāngata Tiaki o Whanganui present an instrument to a registrar or other person, the presentation of that instrument is, in the absence of evidence to the contrary, sufficient proof that the property is vested in the trustees, as specified in the instrument.

For the purposes of subsection (2), the instrument need not be an instrument of transfer, but must—

On the commencement of this Act, each employee of a Whanganui Iwi trust ceases to be an employee of that trust and becomes an employee of the trustees of Ngā Tāngata Tiaki o Whanganui.

The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to him or her immediately before the commencement of this Act.

Subsection (1)—

For the purposes of any enactment, rule of law, determination, contract, or agreement relating to the employment of a transferred employee, the transfer of the person’s employment from a Whanganui Iwi trust to the trustees of Ngā Tāngata Tiaki o Whanganui does not, of itself, break the employment of that person, and the period of his or her employment by the Whanganui Iwi trust is to be regarded as having been a period of service with the trustees of Ngā Tāngata Tiaki o Whanganui.

A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that—

This subpart applies, by virtue of the reorganisation of the governance of Whanganui Iwi under subpart 1, for the purposes of the Inland Revenue Acts.

On and from the date on which the assets and liabilities of the Whanganui Iwi trusts vest in the trustees of Ngā Tāngata Tiaki o Whanganui under subpart 1,—

Income derived or expenditure incurred by a Whanganui Iwi trust before the assets and liabilities vest in the trustees of Ngā Tāngata Tiaki o Whanganui does not become income derived or expenditure incurred by the trustees just because the assets and liabilities vest in the trustees under subpart 1.

If income of a Whanganui Iwi trust is derived from a financial arrangement, trading stock, revenue account property, or depreciable property and is exempt income of the Whanganui Iwi trust, but is not exempt income of the trustees of Ngā Tāngata Tiaki o Whanganui, the trustees are to be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property—

The trustees of Ngā Tāngata Tiaki o Whanganui must identify the undistributed charitable amount, meaning the sum of the 3 amounts calculated by applying the following formula to each Whanganui Iwi trust:

The undistributed charitable amount described in subsection (4) is excluded from the corpus of Ngā Tāngata Tiaki o Whanganui for the purposes of the Income Tax Act 2007, to the extent to which it would be included but for this subsection.

If the trustees of Ngā Tāngata Tiaki o Whanganui distribute any of the undistributed charitable amount to a person, that amount is treated as beneficiary income for the purposes of the Income Tax Act 2007, unless subsection (7) applies.

If the trustees of Ngā Tāngata Tiaki o Whanganui distribute any of the undistributed charitable amount for a charitable purpose, the distribution is exempt income of the recipient.

If the trustees of Ngā Tāngata Tiaki o Whanganui are a Maori authority (having made an election under section HF 11 of the Income Tax Act 2007), to the extent that the undistributed charitable amount referred to in section 116(4) is distributed in an income year, that distribution will be—

If this section applies, the distribution must be disregarded for the purposes of section HF 8 of the Income Tax Act 2007.

This section applies if income of the subsidiary is derived from a financial arrangement, trading stock, revenue account property, or depreciable property and is exempt income of the subsidiary before the commencement of this Act and ceases to be exempt income as a result of the application of section 98.

The subsidiary is to be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property for a consideration that is its market value on the commencement of this Act.

This section applies if the subsidiary—

The undistributed charitable amount must be calculated on the date when the subsidiary ceases to be a tax charity under section 98(3).

A distribution of the undistributed charitable amount by the subsidiary after its election to be a Māori authority is—

A distribution that is a taxable Māori authority distribution under subsection (3)(b) must be disregarded for the purposes of section HF 8 of the Income Tax Act 2007.

The Whanganui River Trust Board Act 1988 (1988 No 230) is repealed.

The following orders are revoked:

This section consequentially amends the Conservation Act 1987.

In section 6P(7)(b), replace “Whanganui River Maori Trust Board” with “trustees of Ngā Tāngata Tiaki o Whanganui (as defined by section 7 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2016)”.

This section consequentially amends the National Parks Act 1980.

In section 30(2)(b), replace “Whanganui River Maori Trust Board” with “trustees of Ngā Tāngata Tiaki o Whanganui (as defined by section 7 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2016)”.

This section consequentially amends the Public Audit Act 2001.

In Schedule 2, insert in its appropriate alphabetical order: