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Ngāti Rangitihi Claims Settlement Bill
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Hon Andrew Little
Ngāti Rangitihi Claims Settlement Bill
Government Bill
17—2
Contents
Ngā kōrero
Commentary
Key
1
Title
2
Commencement
Part 1
Preliminary provisions
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 Rangitihi
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
Limit on duration of trusts 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
Appendix B of Whakaaetanga Tiaki Taonga
Subpart 2—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
Deeds of recognition
36
Issuing and amending deeds of recognition
General provisions relating to statutory acknowledgement and deeds of recognition
37
Application of statutory acknowledgement and deeds of recognition to river or stream
38
Exercise of powers and performance of functions and duties
39
Rights not affected
Consequential amendment to Resource Management Act 1991
40
Amendment to Resource Management Act 1991
Subpart 3—Whenua rāhui
41
Interpretation
42
Declaration of whenua rāhui and the Crown’s acknowledgement
43
Purposes of whenua rāhui
44
Effect of protection principles
45
Obligations on New Zealand Conservation Authority and Conservation Boards
46
Noting of whenua rāhui in strategies and plans
47
Notification in
Gazette
48
Actions by Director-General
49
Amendment to strategies or plans
50
Regulations
51
Bylaws
52
Effect of whenua rāhui on whenua rāhui area
53
Termination of whenua rāhui
54
Exercise of powers and performance of functions and duties
55
Rights not affected
Subpart 4—Joint advisory committee
56
Interpretation
57
Appointment of members to joint advisory committee
58
Constitution of joint advisory committee
59
Functions of joint advisory committee
60
Advice on Part Matata property and Whakapoukarakia
61
Vacancy in membership of committee
62
Costs and expenses of committee
Subpart 5—Lake Tarawera Scenic Reserve
63
Interpretation
64
Change of reserve classification
65
Official geographic name of reserve
66
Subsequent alteration of official geographic name
Subpart 6—Official geographic names
67
Interpretation
68
Official geographic names
69
Publication of official geographic names
70
Subsequent alteration of official geographic names
Subpart 7—Vesting of cultural redress properties
71
Interpretation
Properties vested in fee simple to be administered as reserves
72
Awarua
73
Matata property
74
Mihimarino
75
Moura property
76
Ngāheretā property
77
Omanuhiri
78
Ongarara
79
Otaramuturangi
80
Ōtūkapuarangi
81
Pakipaki o Roohi
82
Te Kahao o Rongomai
83
Te Kaokaoroa
84
Te Tapahoro Campground
85
Review of operation of campground at Te Tapahoro Recreation Reserve
86
Review of administration of Te Tapahoro Recreation Reserve
87
Te Tirohanga o Niheta
88
Te Tūāhu o Rangiaohia
89
Waimangu Volcanic Valley
90
Crown stratum above lakebeds in Waimangu Volcanic Valley
91
Official geographic name of reserve
92
Subsequent alteration of official geographic name
93
Whakapoukarakia
Property vested in fee simple subject to conservation covenant
94
Te Tapahoro property
General provisions applying to vesting of cultural redress properties
95
Properties vest subject to or together with interests
96
Interests in land for Te Tapahoro Campground
97
Interests in land for certain reserve properties
98
Interests that are not interests in land
99
Registration of ownership
100
Application of Part 4A of Conservation Act 1987
101
Matters to be recorded on record of title
102
Application of other enactments
103
Minister of Conservation may grant easements
104
Names of Crown protected area discontinued
Further provisions applying to reserve properties
105
Application of other enactments to reserve properties
106
Subsequent transfer of reserve land
107
Transfer of reserve land to new administering body
108
Transfer of reserve land in Waimangu Volcanic Valley to trustees of Tūhourangi Tribal Authority
109
Transfer of reserve land in Ōtūkapuarangi to trustees of Tūhourangi Tribal Authority
110
Transfer of other reserve land to Te Rūnanga o Ngāti Awa
111
Establishment of joint management body for Waimangu Volcanic Valley and Ōtūkapuarangi
112
Establishment of joint management body for other reserve land
113
Transfer of reserve land if trustees change
114
Reserve land not to be mortgaged
115
Saving of bylaws, etc, in relation to reserve properties
Subpart 8—Te Ariki site
116
Interpretation
117
Vesting of Te Ariki site
118
Registration of ownership
119
Amendment to Public Finance Act 1989
Subpart 9—Tarawera River
120
Interpretation
Tarawera Awa Restoration Strategy Group
121
Establishment and purpose of Strategy Group
122
Functions of Strategy Group
123
Capacity
124
Procedures of Strategy Group
125
Membership of Strategy Group
126
Chairperson and deputy chairperson
127
Standing orders
128
Application of other statutory provisions
129
Meetings of Strategy Group
130
Decision making
131
Strategy Group to be open and inclusive
132
Stakeholders
133
Administrative and technical support of Strategy Group
134
Technical advisory groups
Tarawera Awa Restoration Strategy Document
135
Purposes of Strategy Document
136
Contents of Strategy Document
137
Effect on Resource Management Act 1991 planning documents
138
Effect on Local Government Acts 2002 and 1974
Process for preparation and approval of Strategy Document
139
Preparation of first draft Strategy Document
140
Notification and submissions on draft Strategy Document
141
Approval of Strategy Document
142
Notice of approval of Strategy Document
Review and amendment of Strategy Document
143
Review of and amendments to Strategy Document
Part 3
Commercial redress
Subpart 1—Transfer of deferred selection property
144
Interpretation
145
The Crown may transfer property
146
Record of title for deferred selection property
147
Authorised person may grant covenant for later creation of record of title
148
Application of other enactments
149
Transfer of property subject to lease
150
Requirements if lease terminates or expires
Subpart 2—Right of first refusal over RFR land
151
Interpretation
152
Meaning of RFR land
Restrictions on disposal of RFR land
153
Restrictions on disposal of RFR land
Trustees’ right of first refusal
154
Requirements for offer
155
Expiry date of offer
156
Withdrawal of offer
157
Acceptance of offer
158
Formation of contract
Disposals to others where land remains RFR land
159
Disposal to the Crown or Crown bodies
160
Disposal of existing public works to local authorities
161
Disposal of reserves to administering bodies
Disposals to others where land may cease to be RFR land
162
Disposal in accordance with obligations under enactment or rule of law
163
Disposal in accordance with legal or equitable obligations
164
Disposal under certain legislation
165
Disposal of land held for public works
166
Disposal for reserve or conservation purposes
167
Disposal for charitable purposes
168
Disposal to tenants
RFR landowner obligations
169
RFR landowner’s obligations subject to other matters
Notices about RFR land
170
Notice to LINZ of RFR land with record of title after settlement date
171
Notice to trustees of disposal of RFR land to others
172
Notice to LINZ of land ceasing to be RFR land
173
Notice requirements
Right of first refusal recorded on records of title
174
Right of first refusal to be recorded on records of title for RFR land
175
Removal of notations when land to be transferred or vested
176
Removal of notations when RFR period ends
General provisions applying to right of first refusal
177
Waiver and variation
178
Disposal of Crown bodies not affected
179
Assignment of rights and obligations under this subpart
Schedule 1
Statutory areas
Schedule 2
Whenua rāhui area
Schedule 3
Cultural redress properties and Te Ariki site
Schedule 4
Notices in relation to RFR land
Legislative history
The Parliament of New Zealand enacts as follows: