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Ngāti Maru (Taranaki) Claims Settlement Bill
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Hon Andrew Little
Ngāti Maru (Taranaki) Claims Settlement Bill
Government Bill
36—1
Contents
Explanatory note
1
Title
2
Commencement
Part 1
Preliminary matters, historical account, 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 Maru
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
Effect of Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
19
Land subject to Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
20
Act does not override Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
Miscellaneous matters
21
Limit on duration of trusts does not apply
22
Access to deed of settlement
Part 2
Cultural redress
Subpart 1—Protocols
23
Interpretation
General provisions applying to protocols
24
Issuing, amending, and cancelling protocols
25
Protocols subject to rights, functions, and duties
26
Enforcement of protocols
Primary industries
27
Primary industries protocol
Taonga tūturu
28
Appendix B of Whakaaetanga Tiaki Taonga
Subpart 2—Statutory acknowledgement and deeds of recognition
29
Interpretation
Statutory acknowledgement
30
Statutory acknowledgement by the Crown
31
Purposes of statutory acknowledgement
32
Relevant consent authorities to have regard to statutory acknowledgement
33
Environment Court to have regard to statutory acknowledgement
34
Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
35
Recording statutory acknowledgement on statutory plans
36
Provision of summary or notice to trustees
37
Use of statutory acknowledgement
Deeds of recognition
38
Issuing and amending deeds of recognition
General provisions relating to statutory acknowledgement and deeds of recognition
39
Application of statutory acknowledgement and deed of recognition to river or stream
40
Exercise of powers and performance of functions and duties
41
Rights not affected
Consequential amendment to Resource Management Act 1991
42
Amendment to Resource Management Act 1991
Subpart 3—Vesting of cultural redress properties
43
Interpretation
Properties vested in fee simple
44
Former Matau School House property
45
Former Tarata School House property
46
Former Tarata School property
47
Purangi Domain property
48
Tahora Railways property
49
Tarawai property
50
Te Kerikeringa – Toetoe Road property
Properties vested in fee simple to be administered as reserves
51
Pūrangi property
52
Stratford Railway Strip property
53
Tāngarākau River property
54
Tarata Domain property
55
Tarata property
56
Te Kerikeringa – River property
57
Waitara River No 3 property
58
Whangamōmona River property
Property jointly vested in fee simple to be administered as reserve
59
Tāngarākau marginal strip property
General provisions applying to vesting of cultural redress properties
60
Properties vest subject to or together with interests
61
Interests in land for certain reserve properties
62
Interests that are not interests in land
63
Registration of ownership
64
Application of Part 4A of Conservation Act 1987
65
Matters to be recorded on record of title
66
Application of other enactments
67
Names of Crown protected areas discontinued
Further provisions applying to reserve properties
68
Application of other enactments to reserve properties
69
Joint management body for Tāngarākau marginal strip property
70
Subsequent transfer of reserve land
71
Transfer of reserve land to new administering body
72
Transfer of reserve land if trustees change
73
Reserve land not to be mortgaged
74
Saving of bylaws, etc, in relation to reserve properties
Subpart 4—Natural resources
75
Interpretation
Maru Taiao area
76
Acknowledgement of association
77
Purpose of Maru Taiao plan
78
Maru Taiao plan may be lodged with relevant local authority
79
Effect of Maru Taiao plan
80
Maru Taiao plan may be lodged with relevant department
81
Limitation of rights
Joint management agreement
82
Duty to make joint management agreement
83
Scope
84
Contents
85
Principles for development and operation
86
Monitoring and enforcement
87
Resource consent process
88
Preparation, review, change, or variation of Resource Management Act 1991 planning document
89
Engagement on abandoned petroleum wells and resource consents for mining activities
90
Process for finalising agreement
91
Suspension
92
Waiver of rights
93
Legal framework
94
Extension
95
Review and amendment
96
Other powers not affected
97
Exercise of powers in certain circumstances
Cultural materials plan
98
Duty to make cultural materials plan
99
Possession of protected wildlife
Minerals
100
Acknowledgement of association
101
Authorisation to search for and remove Crown-owned pākohe and pūrangi
102
Access to relevant area to search for and remove Crown-owned pākohe or pūrangi
103
Obligations if accessing relevant area
104
Relationship with other enactments
105
Crown not to seek return or assert ownership of minerals removed
Part 3
Commercial redress
106
Interpretation
Subpart 1—Transfer of licensed land and deferred selection properties
107
The Crown may transfer properties
108
Records of title for deferred selection properties
109
Record of title for licensed land
110
Authorised person may grant covenant for later creation of record of title
111
Application of other enactments
112
Transfer of properties subject to lease
113
Requirements if lease terminates or expires
Subpart 2—Licensed land
114
Licensed land ceases to be Crown forest land
115
Trustees are confirmed beneficiaries and licensors of licensed land
116
Effect of transfer of licensed land
Subpart 3—Access to protected sites
117
Right of access to protected sites
118
Right of access over licensed land
119
Right of access to be recorded on records of title
Subpart 4—Right of first refusal over RFR land
Interpretation
120
Interpretation
121
Meaning of exclusive RFR land
122
Meaning of RFR land
Restrictions on disposal of RFR land
123
Restrictions on disposal of RFR land
Right of first refusal for trustees of offer trusts
124
Requirements for offer
125
Expiry date of offer
126
Withdrawal of offer
127
Acceptance of offer
128
Formation of contract
Disposals to others where land remains RFR land
129
Disposal to the Crown or Crown bodies
130
Disposal of existing public works to local authorities
131
Disposal of reserves to administering bodies
Disposals to others where land may cease to be RFR land
132
Disposal in accordance with obligations under enactment or rule of law
133
Disposal in accordance with legal or equitable obligations
134
Disposal under certain legislation
135
Disposal of land held for public works
136
Disposal for reserve or conservation purposes
137
Disposal for charitable purposes
138
Disposal to tenants
RFR landowner obligations
139
RFR landowner’s obligations subject to other matters
Notices about RFR land
140
Notice to LINZ of RFR land with record of title after RFR date
141
Notice to trustees of offer trusts of disposal of RFR land to others
142
Notice to LINZ of land ceasing to be RFR land
143
Notice to be given if disposal of shared RFR land or Tahora Bus Stop property being considered
144
Notice requirements
Right of first refusal recorded on records of title
145
Right of first refusal to be recorded on records of title for RFR land
146
Removal of notations when land to be transferred or vested
147
Removal of notations when RFR period ends
General provisions applying to right of first refusal
148
Waiver and variation
149
Disposal of Crown bodies not affected
150
Assignment of rights and obligations under this subpart
Schedule 1
Statutory areas
Schedule 2
Cultural redress properties
Schedule 3
Notices in relation to RFR land
The Parliament of New Zealand enacts as follows: