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Ngāi Tai ki Tāmaki Claims Settlement Bill
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Hon Andrew Little
Ngāi Tai ki Tāmaki Claims Settlement Bill
Government Bill
295—2
Contents
Ngā kōrero
Commentary
Key
1
Title
2
Commencement
Part 1
Preliminary matters, acknowledgements and apology, and settlement of historical claims
Preliminary matters
3
Purpose
4
Provisions to take effect on settlement date
5
Act binds the Crown
6
Outline
Summary of historical account, acknowledgements, and apology of the Crown
7
Summary of historical account, acknowledgements, and apology
8
Summary of historical account
9
Acknowledgements
10
Apology
Interpretation provisions
11
Interpretation of Act generally
12
Interpretation
13
Meaning of Ngāi Tai ki Tāmaki
14
Meaning of historical claims
Historical claims settled and jurisdiction of courts, etc, removed
15
Settlement of historical claims final
Amendment to Treaty of Waitangi Act 1975
16
Amendment to Treaty of Waitangi Act 1975
Resumptive memorials no longer to apply
17
Certain enactments do not apply
18
Resumptive memorials to be cancelled
Miscellaneous matters
19
Rule against perpetuities does not apply
20
Access to deed of settlement
21
Provisions that have same effect
Part 2
Cultural redress
Subpart 1—Vesting of cultural redress properties
22
Interpretation
Properties vested in fee simple
23
Mangemangeroa
24
Te Wairoa
Properties vested in fee simple to be administered as reserves
25
Hihiorapa Urupā
26
Future interests relating to Hihiorapa Urupā reserve land
27
Administration of Hihiorapa Urupā reserve land
28
Hukunui
29
Application of motu plan to Hukunui
30
Right of entry onto Hukunui by the Crown
31
Hūnua Falls property
32
Improvements attached to Hūnua Falls property
33
Future interests relating to Hūnua Falls reserve land
34
Administration of Hūnua Falls reserve land
35
Joint management body for Hūnua Falls reserve land
36
Matter to be recorded on record of title for Hūnua Falls reserve land
37
Motukaraka
38
Ororopupu
39
Application of motu plan to Ororopupu
40
Right of entry onto Ororopupu by the Crown
41
Tai Rawhiti
42
Te Matuku-Ngāi Tai
43
Te Naupata
44
Te Rae-o-Kahu Pā
45
Application of motu plan for Te Rae-o-Kahu Pā
46
Right of entry onto Te Rae-o-Kahu Pā by the Crown
47
Te Tauroa
48
Application of motu plan to Te Tauroa
49
Right of entry onto Te Tauroa by the Crown
50
Te Waiarohia Pā
51
Totara
52
Waikopua
Property vested in fee simple to be held as Māori reservation
53
Maungarei A
General provisions applying to vesting of cultural redress properties
54
Properties vest subject to or together with interests
55
Interests in land for Hūnua Falls property
56
Interests that are not interests in land
57
Registration of ownership
58
Application of Part 4A of Conservation Act 1987
59
Matters to be recorded on record of title
60
Application of other enactments
61
Names of Crown protected areas discontinued
Access to land under Crown Minerals Act 1991
62
Certain land to be treated as if included in Schedule 4 of Crown Minerals Act 1991
63
When land may be treated as no longer included in Schedule 4 of Crown Minerals Act 1991
Further provisions applying to reserve properties
64
Application of other enactments to reserve properties
65
Subsequent transfer of reserve land
66
Transfer of reserve land to new administering body
67
Transfer of reserve land if trustees change
68
Reserve land not to be mortgaged
69
Saving of bylaws, etc, in relation to reserve properties
Consequential amendments to Hauraki Gulf Marine Park Act 2000
70
Amendments to Hauraki Gulf Marine Park Act 2000
71
New section 41A inserted (Removal of land described in Schedule 5 from Park)
41A
Removal of land described in Schedule 5 from Park
72
Schedule 5 amended
Subpart 2—Statutory acknowledgement and deed of recognition
73
Interpretation
Statutory acknowledgement
74
Statutory acknowledgement by the Crown
75
Purposes of statutory acknowledgement
76
Relevant consent authorities to have regard to statutory acknowledgement
77
Environment Court to have regard to statutory acknowledgement
78
Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
79
Recording statutory acknowledgement on statutory plans
80
Provision of summary or notice to trustees
81
Use of statutory acknowledgement
Deed of recognition
82
Issuing and amending deed of recognition
General provisions relating to statutory acknowledgement and deed of recognition
83
Application of statutory acknowledgement to river or stream
84
Exercise of powers and performance of functions and duties
85
Rights not affected
Consequential amendment to Resource Management Act 1991
86
Amendment to Resource Management Act 1991
Subpart 3—Protocols
87
Interpretation
General provisions applying to protocols
88
Issuing, amending, and cancelling protocols
89
Protocols subject to rights, functions, and duties
90
Enforcement of protocols
Primary industries
91
Primary industries protocol
Taonga tūturu
92
Taonga tūturu protocol
Subpart 4—Official geographic names
93
Interpretation
94
Official geographic names
95
Publication of official geographic names
96
Subsequent alteration of official geographic names
97
Name change for Crown protected area
Part 3
Commercial redress
Subpart 1—Transfer of transfer properties
98
Interpretation
99
The Crown may transfer properties
100
Records of title for transfer properties that are not shared redress
101
Records of title for shared transfer properties
102
Authorised person may grant covenant for later creation of record of title
103
Application of other enactments
104
Transfer of properties subject to lease
105
Requirements if lease terminates or expires
106
Management of marginal strip
Subpart 2—Vesting of certain Crown owned minerals and related matters
107
Application and interpretation
108
Certain minerals no longer to be reserved to the Crown
109
Notation of mineral ownership on records of title
Subpart 3—Right of first refusal over RFR land
Interpretation
110
Interpretation
111
Meaning of RFR land
Restrictions on disposal of RFR land
112
Restrictions on disposal of RFR land
Trustees’ right of first refusal
113
Requirements for offer
114
Expiry date of offer
115
Withdrawal of offer
116
Acceptance of offer
117
Formation of contract
Disposals to others
but
where
land remains RFR land
118
Disposal to the Crown or Crown bodies
119
Disposal of existing public works to local authorities
120
Disposal of reserves to administering bodies
Disposals to others where land may cease to be RFR land
121
Disposal in accordance with obligations under enactment or rule of law
122
Disposal in accordance with legal or equitable obligations
123
Disposal under certain legislation
124
Disposal of land held for public works
125
Disposal for reserve or conservation purposes
126
Disposal for charitable purposes
127
Disposal to tenants
RFR landowner obligations
128
RFR landowner’s obligations subject to other matters
Notices about RFR land
129
Notice to LINZ if land becomes RFR land on settlement date
130
Notice to LINZ of RFR land with record of title after settlement date
131
Notice to trustees of disposal of RFR land to others
132
Notice to LINZ of land ceasing to be RFR land
133
Notice requirements
Right of first refusal recorded on records of title
134
Right of first refusal to be recorded on records of title for RFR land
135
Removal of
notifications
notations
when land to be transferred or vested
136
Removal of
notifications
notations
when RFR period ends
General provisions applying to right of first refusal
137
Waiver and variation
138
Disposal of Crown bodies not affected
139
Assignment of rights and obligations under this subpart
Schedule 1
Cultural redress properties
Schedule 2
Statutory areas
Schedule 3
Notices in relation to RFR land
Legislative history
The Parliament of New Zealand enacts as follows: