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Ngāti Hinerangi Claims Settlement Bill
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Hon Andrew Little
Ngāti Hinerangi Claims Settlement Bill
Government Bill
171—1
Contents
Explanatory note
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 Ngāti Hinerangi
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
Part 2
Cultural redress
Subpart 1—Protocols
21
Interpretation
General provisions applying to protocols
22
Issuing, amending, and cancelling protocols
23
Protocols subject to rights, functions, and duties
24
Enforcement of protocols
Crown minerals
25
Crown minerals protocol
Taonga tūturu
26
Taonga tūturu protocol
Subpart 2—Statutory acknowledgement, geothermal statutory acknowledgement, and deeds of recognition
27
Interpretation
Statutory acknowledgement
28
Statutory acknowledgement by the Crown
29
Purposes of statutory acknowledgement
30
Relevant consent authorities to have regard to statutory acknowledgement
31
Environment Court to have regard to statutory acknowledgement
32
Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
33
Recording statutory acknowledgement on statutory plans
34
Provision of summary or notice to trustees
35
Use of statutory acknowledgement
Geothermal statutory acknowledgement
36
Geothermal statutory acknowledgement by the Crown
37
Purposes of geothermal statutory acknowledgement
38
Relevant consent authorities to have regard to geothermal statutory acknowledgement
39
Environment Court to have regard to geothermal statutory acknowledgement
40
Recording geothermal statutory acknowledgement on statutory plans
41
Provision of summary or notice to trustees
42
Use of geothermal statutory acknowledgement
Deeds of recognition
43
Issuing and amending deeds of recognition
General provisions relating to statutory acknowledgement, geothermal statutory acknowledgement, and deeds of recognition
44
Application of statutory acknowledgement to river or stream
45
Exercise of powers and performance of functions and duties
46
Rights not affected
Consequential amendment to Resource Management Act 1991
47
Amendment to Resource Management Act 1991
Subpart 3—Overlay classification
48
Interpretation
49
Declaration of overlay classification and the Crown’s acknowledgement
50
Purposes of overlay classification
51
Effect of protection principles
52
Obligations on New Zealand Conservation Authority and Conservation Boards
53
Noting of overlay classification in strategies and plans
54
Notification in
Gazette
55
Actions by Director-General
56
Amendment to strategies or plans
57
Regulations
58
Bylaws
59
Effect of overlay classification on overlay area
60
Termination of overlay classification
61
Exercise of powers and performance of functions and duties
62
Rights not affected
Subpart 4—Advisory committee
63
Appointment of advisory committee in relation to Waihou catchment and certain fisheries in Tauranga Moana
Subpart 5—Vesting of cultural redress properties
64
Interpretation
Properties vested in fee simple
65
Ōkauia property
66
Tūranga o Moana property
67
Wairere Falls property
Properties vested in fee simple to be administered as reserves
68
Ngā Tamahine e Rua
69
Ngāti Hinerangi property
70
Ngāti Hinerangi Waipapa property
71
Te Ara o Maurihoro (East) property
72
Te Ara o Maurihoro (West) property
73
Te Hanga property
74
Te Mimiha o Tūwhanga
75
Te Taiaha a Tangata
76
Te Tuhi (East) property
77
Te Tuhi (West) property
78
Te Wai o Ngāti Hinerangi property
General provisions applying to vesting of cultural redress properties
79
Properties vest subject to or together with interests
80
Interests in land for certain reserve properties
81
Interests that are not interests in land
82
Registration of ownership
83
Application of Part 4A of Conservation Act 1987
84
Matters to be recorded on record of title
85
Application of other enactments
86
Names of Crown protected areas discontinued
Further provisions applying to reserve properties
87
Application of other enactments to reserve properties
88
Subsequent transfer of reserve land
89
Transfer of reserve land to new administering body
90
Transfer of reserve land in Ngāti Hinerangi Waipapa property to new administering body
91
Transfer of reserve land in Te Tuhi (East) property and Te Ara o Maurihoro (East) property to new administering body
92
Joint management body for Te Tuhi (East) property and Te Ara o Maurihoro (East) property
93
Provisions that apply if transfer under section 90 or 91 not sought
94
Transfer of reserve land if trustees change
95
Reserve land not to be mortgaged
96
Saving of bylaws, etc, in relation to reserve properties
Part 3
Commercial redress
97
Interpretation
Subpart 1—Transfer of commercial redress properties
98
The Crown may transfer properties
99
Minister of Conservation may grant easements
100
Records of title for commercial redress properties
101
Record of title for licensed land
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
Subpart 2—Licensed land
106
Licensed land ceases to be Crown forest land
107
Trustees are confirmed beneficiaries and licensors of licensed land
108
Effect of transfer of licensed land
Subpart 3—Access to protected sites
109
Right of access to protected sites
110
Right of access over licensed land
111
Right of access to be recorded on record of title
Subpart 4—Right of first refusal over RFR land
Interpretation
112
Interpretation
113
Meaning of RFR land
Restrictions on disposal of RFR land
114
Restrictions on disposal of RFR land
Trustees’ right of first refusal
115
Requirements for offer
116
Expiry date of offer
117
Withdrawal of offer
118
Acceptance of offer
119
Formation of contract
Disposals to others but land remains RFR land
120
Disposal to the Crown or Crown bodies
121
Disposal of existing public works to local authorities
122
Disposal of reserves to administering bodies
Disposals to others where land may cease to be RFR land
123
Disposal in accordance with obligations under enactment or rule of law
124
Disposal in accordance with legal or equitable obligations
125
Disposal under certain legislation
126
Disposal of land held for public works
127
Disposal for reserve or conservation purposes
128
Disposal for charitable purposes
129
Disposal to tenants
130
Disposal by Housing New Zealand Corporation
RFR landowner obligations
131
RFR landowner’s obligations subject to other matters
Notices about RFR land
132
Notice to LINZ of RFR land with record of title after settlement date
133
Notice to trustees of disposal of RFR land to others
134
Notice to LINZ of land ceasing to be RFR land
135
Notice requirements
Right of first refusal recorded on records of title
136
Right of first refusal to be recorded on records of title for RFR land
137
Removal of notations when land to be transferred or vested
138
Removal of notations when RFR period ends
General provisions applying to right of first refusal
139
Waiver and variation
140
Disposal of Crown bodies not affected
141
Assignment of rights and obligations under this subpart
Schedule 1
Statutory areas
Schedule 2
Overlay area
Schedule 3
Cultural redress properties
Schedule 4
Notices in relation to RFR land
The Parliament of New Zealand enacts as follows: