Ngāti Ruapani mai Waikaremoana Claims Settlement Bill
Ngāti Ruapani mai Waikaremoana Claims Settlement Bill
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Ngāti Ruapani mai Waikaremoana Claims Settlement Bill
Ngāti Ruapani mai Waikaremoana Claims Settlement Bill
Government Bill
257—1
Explanatory note
General policy statement
The Ngāti Ruapani mai Waikaremoana Claims Settlement Bill (the Bill) gives effect to certain matters set out in the Ngāti Ruapani mai Waikaremoana deed of settlement (the deed), which was signed by the Crown, Ngāti Ruapani mai Waikaremoana, and the trustees of Ngāti Ruapani mai Waikaremoana Trust on 25 February 2026. The Bill records the acknowledgements and apology made to Ngāti Ruapani mai Waikaremoana when the deed was signed, and gives effect to redress in the deed that requires legislation.
Ngāti Ruapani mai Waikaremoana are a group of approximately 1,662 people and have an area of interest that covers 150,000 hectares around Lake Waikaremoana.
Negotiations
Ngāti Ruapani mai Waikaremoana were initially part of the Ngāi Tūhoe mandate and settlement negotiations. In 2008, Ngāti Ruapani resolved to withdraw from the Ngāi Tūhoe settlement negotiations. In 2009, the Crown recognised Ngāti Ruapani mai Waikaremoana as a large natural group for Treaty settlement purposes.
Ngāti Ruapani mai Waikaremoana claimants and entities unsuccessfully sought to secure a Crown-recognised mandate. Due to ongoing internal divisions, the Crown remained unwilling to support another mandate until there was a base of unity.
In 2017, following a show of unity and willingness to work together by Ngāti Ruapani mai Waikaremoana, the Crown began working with the Ngāti Ruapani mai Waikaremoana Negotiating Group (the Negotiating Group) to seek a mandate to represent Ngāti Ruapani mai Waikaremoana in negotiations with the Crown.
After multiple attempts to mandate an entity, in December 2018 Ngāti Ruapani mai Waikaremoana conferred a mandate on the Negotiating Group.
In October 2019, the Crown formally recognised the mandate of the Negotiating Group to negotiate the comprehensive settlement of the historical Treaty of Waitangi claims of Ngāti Ruapani mai Waikaremoana.
Terms of negotiation were signed on 19 March 2020.
Ngāti Ruapani mai Waikaremoana and the Crown signed an agreement in principle in August 2022.
Key elements of Ngāti Ruapani mai Waikaremoana settlement
The Bill comprises 3 parts.
Part 1—
sets out the purpose of the Bill; and
provides that the provisions of the Bill take effect on the settlement date unless a provision states otherwise; and
provides that the Bill binds the Crown; and
sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngāti Ruapani mai Waikaremoana; and
defines terms used in the Bill, including key terms such as Ngāti Ruapani mai Waikaremoana and historical claims.
Part 2 provides for cultural redress in 2 subparts, including—
changes to official geographic names; and
vesting of cultural redress properties.
Part 3 provides for the vesting of additional land in Te Urewera as part of the place encompassing Te Urewera land. Ngāti Ruapani mai Waikaremoana have an innate connection with Te Urewera, which was established as a legal entity under the Te Urewera Act 2014 as part of the Ngāi Tūhoe settlement. A key aspiration for Ngāti Ruapani mai Waikaremoana is to see Crown-owned land in their area of interest vested in Te Urewera to enable it to be protected for future generations of Ngāti Ruapani mai Waikaremoana.
Part 4 provides for commercial redress in 2 subparts, including transfer of commercial redress properties and deferred selection properties, and rights of first refusal.
There are 3 schedules, as follows:
Schedule 1 describes the cultural redress properties:
Schedule 2 describes the additional Te Urewera land:
Schedule 3 sets out provisions about notices in relation to land that is subject to a right of first refusal.
Departmental disclosure statement
The Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=257
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 provides for the Bill to come into force on the day after Royal assent.
Part 1Preliminary matters, historical account, acknowledgements and apology, and settlement of historical claims
Part 1 provides for preliminary matters and the settlement of the historical claims of Ngāti Ruapani mai Waikaremoana.
Preliminary matters
Clause 3 states the purpose of the Bill.
Clause 4 provides that the provisions of the Bill take effect on the settlement date unless a provision states otherwise.
Clause 5 provides that the Bill binds the Crown.
Clause 6 provides an outline of the Bill.
Summary of historical account, acknowledgements, and apology of the Crown
Clauses 7 to 10 record the summary of the historical account, the acknowledgements, and the apology given by the Crown to Ngāti Ruapani mai Waikaremoana in the deed of settlement.
Interpretation provisions
Clause 11 provides that the Bill is to be interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
Clause 12 defines certain terms used in the Bill.
Clause 13 defines the claimant group Ngāti Ruapani mai Waikaremoana.
Clause 14 defines the historical claims settled by the Bill.
Historical claims settled and jurisdiction of courts, etc, removed
Clause 15 settles the historical claims (as defined in clause 14) and provides that the settlement is final. It removes the jurisdiction of courts, tribunals, and other judicial bodies in respect of the historical claims, the deed of settlement, the Bill, and the settlement redress (but not in respect of the interpretation or implementation of the deed of settlement or the Bill).
Amendment to Treaty of Waitangi Act 1975
Clause 16 amends the Treaty of Waitangi Act 1975 to remove the jurisdiction of the Waitangi Tribunal as provided in clause 15.
Resumptive memorials no longer to apply
Clause 17 provides that certain enactments do not apply to specified land.
Clause 18 provides for the removal of existing memorials from records of title relating to the specified land.
Miscellaneous matters
Clause 19 overrides the rule under trust law that limits the life of a trust and of any documents that give effect to the settlement.
Clause 20 excludes certain provisions of Te Ture Whenua Maori Act 1993 from applying to Ngāti Ruapani mai Waikaremoana Trust (the trust).
Clause 21 requires the chief executive of the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau to make copies of the deed of settlement available for inspection free of charge, and for purchase at a reasonable price, at the head office of the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau in Wellington on any working day. The deed must also be made available free of charge on an internet site maintained by or on behalf of the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau.
Part 2Cultural redress
Part 2 provides for cultural redress.
Subpart 1—Official geographic names
Subpart 1 (clauses 22 to 25) provides for changes to official geographic names. It sets out the requirements for publishing notice of each new official geographic name and provides for the process for altering a new official geographic name.
Subpart 2—Vesting of cultural redress properties
Subpart 2 (clauses 26 to 34) provides for the vesting of cultural redress properties.
Clause 26 defines cultural redress property for this subpart (see descriptions of each property in Schedule 1).
Properties vested in fee simple
Clause 27 provides for the vesting of the Kaitawa property in fee simple in the trustees of the trust.
Clause 28 provides for the vesting of the Turi-o Kahu property in fee simple in the trustees of the trust.
General provisions applying to vesting of cultural redress properties
Clauses 29 to 34 are general provisions that apply to the vesting of the cultural redress properties under clauses 27 and 28.
Part 3Addition of land to Te Urewera
Part 3 provides for the addition of land that is defined as the additional Te Urewera land to the place that encompasses Te Urewera land (see the definition of additional Te Urewera land in clause 35 and the description of that property in Schedule 2). Clause 36 provides for the vesting of the fee simple estate in the additional Te Urewera land in the legal entity that is Te Urewera. Part 3 also provides for matters related to the vesting of that land, including the following:
that, before the settlement date, the Minister of Conservation must grant an easement in gross, in favour of Genesis Energy Limited, for specified rights that is to take effect immediately before the settlement date (clause 37):
that any existing interests (as defined in clause 35), which include the easement in gross granted under clause 37, continue on and from the vesting of the additional Te Urewera land under clause 36 until they expire or are terminated (clause 38):
the application of other enactments to the vesting of the additional Te Urewera land (clause 39):
discontinuing official geographic names for any part of the additional Te Urewera land that was a Crown protected area immediately before the vesting of that land (clause 40):
providing for the ownership of improvements that are attached to the additional Te Urewera land (clause 41):
providing for the registration of the additional Te Urewera land after vesting (clause 42).
Part 4Commercial redress
Part 4 provides for commercial redress.
Subpart 1—Transfer of commercial redress properties and deferred selection properties
Subpart 1 (clauses 43 to 49) authorises the transfer of commercial redress properties and deferred selection properties to the trustees of the trust. Clauses 48 and 49 provide for matters relating to the transfer of a commercial redress property that—
is held by the Ministry of Education; and
is to be transferred to the trustees of the trust; and
after that transfer, is to be subject to a lease back to the Crown.
Subpart 2—Right of first refusal over RFR land
Subpart 2 (clauses 50 to 78) provides the trustees of the trust with a right of first refusal (RFR) in relation to RFR land (as defined in clause 51). The owner of the RFR land must not dispose of the land to a person other than the trustees or their nominee without first offering it to the trustees on the same or better terms, unless a specified exemption applies. The RFR for RFR land lasts for 185 years on and from the settlement date.
Schedule 1 describes the cultural redress properties.
Schedule 2 describes the additional Te Urewera land.
Schedule 3 sets out provisions that apply to notices given in relation to RFR land.
Hon Paul Goldsmith
Ngāti Ruapani mai Waikaremoana Claims Settlement Bill
Government Bill
257—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Ngāti Ruapani mai Waikaremoana Claims Settlement Act 2026.
2 Commencement
This Act comes into force on the day after Royal assent.
Part 1 Preliminary matters, historical account, acknowledgements and apology, and settlement of historical claims
Preliminary matters
3 Purpose
The purpose of this Act is—
(a)
to record the acknowledgements and apology given by the Crown to Ngāti Ruapani mai Waikaremoana in the deed of settlement; and
(b)
to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Ruapani mai Waikaremoana.
4 Provisions to take effect on settlement date
(1)
The provisions of this Act take effect on the settlement date unless stated otherwise.
(2)
Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—
(a)
the provision to have full effect on that date; or
(b)
a power to be exercised under the provision on that date; or
(c)
a duty to be performed under the provision on that date.
5 Act binds the Crown
This Act binds the Crown.
6 Outline
(1)
This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
(2)
This Part—
(a)
sets out the purpose of this Act; and
(b)
provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and
(c)
specifies that the Act binds the Crown; and
(d)
sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngāti Ruapani mai Waikaremoana, as recorded in the deed of settlement; and
(e)
defines terms used in this Act, including key terms such as Ngāti Ruapani mai Waikaremoana and historical claims; and
(f)
provides that the settlement of the historical claims is final; and
(g)
provides for—
(i)
the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
(ii)
a consequential amendment to the Treaty of Waitangi Act 1975; and
(iii)
the effect of the settlement on certain memorials; and
(iv)
the exclusion of the limit on the duration of a trust; and
(v)
access to the deed of settlement.
(3)
Part 2 provides for cultural redress, including—
(a)
cultural redress that does not involve the vesting of land, namely, the provision of official geographic names; and
(b)
cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties.
(4)
Part 3 provides for the vesting of the fee simple estate of certain land in Te Urewera.
(5)
Part 4 provides for commercial redress, including,—
(a)
in subpart 1, the transfer of commercial redress properties and deferred selection properties to the trustees; and
(b)
in subpart 2, a right of first refusal over RFR land.
(6)
There are 3 schedules, as follows:
(a)
Schedule 1 describes the cultural redress properties:
(b)
Schedule 2 describes the additional Te Urewera land:
(c)
Schedule 3 sets out provisions that apply to notices given in relation to RFR land.
Summary of historical account, acknowledgements, and apology of the Crown
7 Summary of historical account, acknowledgements, and apology
(1)
Section 8 summarises the historical account in the deed of settlement, setting out the basis for the acknowledgements and apology.
(2)
Sections 9 and 10 record the text of the acknowledgements and apology given by the Crown to Ngāti Ruapani mai Waikaremoana in the deed of settlement.
(3)
The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.
8 Summary of historical account
Te reo Māori
(1)
Kāore i waitohua e Ngāti Ruapani Te Tiriti o Waitangi, ā, kāore he mana o te Karauna ki roto o Te Urewera, i mua o te tau 1860. Ko te tūtakitanga tuatahi ki te Karauna ko tana whakaeke i Te Kōpani me Onepoto i te tau 1866. I whakaekea tonutia e ana hōia ngā pā o Waikaremoana mai i ngā tau 1869 ki te 1871. Ko te whakaaro o te Karauna he hoariri a Ngāti Ruapani, i te mutunga atu i patua te tangata, i raupatuhia ngā whenua. He whakahaukore te mahi a te Karauna, he tūkino i ngā kāinga me ngā māra kai me te whānako kararehe. Nā ēnei tūmahi, i pā mai te matekai, te noho rawa-kore, me ōna tini mate katoa.
(2)
I te tau 1871, ka houhia te rongo i waenga i te Karauna me te iwi o Te Urewera. I whakaae te Karauna kia wehe atu ia, ka waiho a Te Urewera mā rātau anō rātau e whakahaere. I te tau o muri mai, i huihui ngā rangatira o Te Urewera, me ētahi o Ngāti Ruapani, ka whakaarahia e rātau ko Te Whitu Tekau hei hāpai i te mana motuhake o Tūhoe i roto o Te Urewera. Engari, kāore i aro atu te Karauna ki Te Whitu Tekau, me tā rātau whakahē i Te Kooti Whenua Māori me ana mahi rūri. Mai i te tau 1868 ki te 1890, kāore i taea e Ngāti Ruapani te aukati i te rironga atu o te 100,00 eka o ō rātau whenua tuku iho i raro i te kooti. I whakawhitia e tēnei te taitara mai i te taitara tuku iho ki te taitara takitahi, me te whakararu i ngā tikanga whakahaere me ngā tikanga whakatau a te hapū, a te iwi. I riro atu ngā whenua o Ngāti Ruapani i Waipaoa me Waikareiti.
(3)
I te tau 18, kāore i tika te whakapae a te Karauna i te riri a Ngāti Ruapani ki te Karauna, ka puta tana whakawehi ka raupatuhia ō rātau whenua 178,000 eka o “ngā poraka e whā o te tonga”
i te tonga o te moana o Waikaremoana. I raro i tēnei taumahatanga, i whakaae a Ngāti Ruapani kia unuhia mai ana kerēme kia whiwhi utu ai me ngā whenua rāhui 2,500 eka.
(4)
I ngā kōrero rangatira o te tau 1895, i whakaae te Karauna kia manaakitia te mana motuhake o Tūhoe me te whakatū i tētahi takiwā rāhui motuhake 656,000 te nui. Ko ngā kōrero rangatira te tūāpapa o te Ture Rāhui Māori o te Takiwā o te Urewera 1896, kia noho ai te mana whakahaere ki te iwi o te rohe o Te Urewera. I te rua tekau tau i muri mai, i takaroa te whakatinana a te Karauna i te Ture, e whakararu ana i ngā wāhanga whakamaru, me tana hurihuri i te ture ko ia me tōna kotahi. I whakakorehia te Ture i te tau 1922.
(5)
I roto i ngā tau maha i ngana tonu te Karauna ki te hoko i ngā pānga i roto i te poraka o Waikaremoana, ko ngā whenua nui whakamutunga ēnei o Ngāti Ruapani. I te tau 1921, i raro i Te Whakamoanatanga o Te Urewera, i tino tāmia e te Karauna a Ngāti Ruapani, me te whakamataku i a rātau ka murua ō rātau whenua i te poraka o Waikaremoana. Ahakoa kāore rātau i hiahia, i hokona atu e Ngāti Ruapani ōna pānga i roto i te poraka, engari kāore i whakamanatia e te Karauna ngā here katoa o te hoko. I whakaitia te utu hoko ki te nuinga o ngā rangatira o te whenua, ka mutu i whakatārewahia te utu i te nama ki a rātau mō e hia tau, whāia ka tau mai ngā uauatanga ki a rātau. Me te aha, e 600 eka noa iho ngā whenua rāhui i te taha moana i wehea mai e te Karauna.
(6)
Nō te tau 1925, 2,490 eka noa iho o ngā whenua rāhui i toe mai ki a Ngāti Ruapani. He maha ngā tau i herea e te Karauna te kaha o Ngāti Ruapani ki te ahu i ō rātau toenga whenua, te rapu oranga rānei mai i te whenua. I tangohia hoki e rātau ngā whenua mō ngā mahi papariki, ahakoa te mōhio he uaua ki a Ngāti Ruapani te whai oranga mō rātau.
(7)
I te tau 1954, i whakatūria e te Karauna te Rohe Pāka o Te Urewera, ā, kāore i kōrerorero ki a Ngāti Ruapani. I karapotia e te pāka ngā whenua rāhui taha moana o Ngāti Ruapani, ā, i aukatia ngā mahi tuku iho a Ngāti Rupani i roto o Te Urewera e ngā kaupapahere o te pāka. I whakaurua hoki e te Karauna te moana o Waikaremoana ki roto i te pāka, ā, kāore i whai i te whakaae a Ngāti Ruapani. I tukuna te taitara o te papamoana ki a Ngāti Ruapani me ētahi atu hunga i te tau 1918, ā, ka whakaūngia tērā i te pīratanga i te tau 1944. I te tau 1954 i mutu te whakahē a te Karauna ki te taitara. Hei mahi hiko, i whakarerekēhia e te Karauna, mai i ngā tau o te 1920, te papamoana ānō nei nōna ake, ā, i whakahekea te wai o te moana, i horo haere te whenua me te kore haere o ngā ika. I te tau 1971, i whakaae te Karauna kia rīhitia te papamoana engari kāore i utua ngā ariki nō rātau mō ana whakamahinga maha i mua o te tau 1967, he moni ēnei i tino hiahia a Ngāti Ruapani kia ora ai rātau.
(8)
Tae noa ki te tau 1895 i noho whenua kore a Ngāti Ruapani i ngā mahi hao whenua a te Karauna. I noho rātau i roto i te rawakore. Kāore i tino aro atu te Karauna ki ēnei āhuatanga, ā, i ētahi wā i kino kē atu ngā āhuatanga i a rātau. Waihoki, i ngana te Karauna ki te whakapākehā i a Ngāti Ruapani kia noho Pākehā ai me te whakahau i a Ngāti Ruapani kia wehe atu i ō rātau whenua tuku iho i muri o te Pakanga Tuarua o te Ao. Ko te hunga i neke kua noho momotu mai i ā rātau tikanga, tūrangawaewae, whānau hoki.
(9)
Ahakoa tēnei pōharatanga me te noho momotu mai, i ora tonu a Ngāti Ruapani. He pakari rātau me te maukaha ki ō rātau hononga ki Waikaremoana.
English
(1)
Ngāti Ruapani mai Waikaremoana did not sign te Tiriti o Waitangi/the Treaty of Waitangi and the Crown had no official presence in Te Urewera until the 1860s. The first substantial contact between Ngāti Ruapani and the Crown was the Crown’s armed attacks on Te Kōpani and Onepoto in 1866. Attacks on Waikaremoana settlements continued between 1869 and 1871. The Crown unfairly treated Ngāti Ruapani as rebels, with dire consequences, including loss of life and land. Crown forces used scorched earth tactics, destroying kāinga and crops, and stole horses, cattle, and food supplies. These acts resulted in starvation and exposure that contributed to many deaths among Ngāti Ruapani.
(2)
In 1871, the Crown entered into a peace compact with Te Urewera Māori. The Crown agreed to withdraw from Te Urewera and let Te Urewera Māori manage their own affairs. The following year, Te Urewera rangatira, including those from Ngāti Ruapani, united as Te Whitu Tekau to assert their mana motuhake in Te Urewera. However, the Crown did not formally recognise Te Whitu Tekau and had little regard for their opposition to the Native Land Court and its surveys. Between 1868 and 1890, Ngāti Ruapani could not prevent more than 100,000 acres in which they asserted customary interests passing through the court. This process converted customary title into individualised land ownership and undermined tribal structures and collective decision making. Ngāti Ruapani lost land, including land in the Waipaoa block and interests in Lake Waikareiti.
(3)
In 1875, the Crown, unfairly claiming Ngāti Ruapani had earlier rebelled against the Crown, threatened to confiscate their interests in the “four southern blocks”
of 178,000 acres south of Lake Waikaremoana. Under this duress, Ngāti Ruapani agreed to withdraw their claims in return for a payment and 2,500 acres of reserves.
(4)
In an 1895 compact, the Crown agreed to respect the mana motuhake of Te Urewera Māori and to establish an inalienable 656,000-acre reserve. The compact formed the basis for the Urewera District Native Reserve Act 1896, which provided for local self-government within the reserve by Te Urewera Māori. Over the next 2 decades, the Crown delayed implementing the Act, undermined its protective provisions, and promoted unilateral changes to it. The Act was ultimately repealed in 1922.
(5)
For many years, the Crown made repeated attempts to purchase interests in the Waikaremoana block, the last substantial landholding of Ngāti Ruapani. In 1921, as part of the Urewera Consolidation Scheme, the Crown put considerable pressure on Ngāti Ruapani, including threatening to compulsorily acquire land in the Waikaremoana block. Ngāti Ruapani reluctantly agreed to sell their interests in the block, but the Crown did not honour all the sale conditions. It reduced the purchase price paid to most owners, and for many years deferred repaying money it owed them, causing considerable hardship. The Crown also set aside only 600 acres of lakeside reserves.
(6)
By 1925, Ngāti Ruapani retained only 2,490 acres in small reserves. For several decades, the Crown restricted the ability of Ngāti Ruapani to develop their remaining lands or derive an income from them. It also took land for public works, despite knowing Ngāti Ruapani were struggling to sustain themselves.
(7)
In 1954, the Crown established the Urewera National Park without consulting Ngāti Ruapani. The park completely enclosed the Ngāti Ruapani lakeside reserves, and park policies restricted Ngāti Ruapani customary use of Te Urewera. The Crown also included Lake Waikaremoana in the park without Ngāti Ruapani consent. Title to the lakebed had been awarded to Ngāti Ruapani and other groups in 1918, and confirmed on appeal in 1944. In 1954, the Crown decided to not further contest the title. To generate hydroelectricity, the Crown had, from the 1920s, modified the lakebed as if it owned it, and lowered lake levels, causing erosion and reducing fish stocks. In 1971, the Crown agreed to lease the lakebed but did not compensate the owners for its many uses of it before 1967, a loss of income that Ngāti Ruapani sorely needed.
(8)
Decades of Crown land acquisitions had left Ngāti Ruapani virtually landless by 1895. They have suffered from severe socio-economic deprivation. The Crown did little to alleviate these conditions and, at times, contributed to them. Further, the Crown sought to assimilate Ngāti Ruapani into European culture and encouraged Ngāti Ruapani to migrate from their traditional lands following World War II. Those who moved away have been disconnected from their tikanga, tūrangawaewae, and whānau.
(9)
Despite this deprivation and disconnection, Ngāti Ruapani mai Waikaremoana have endured. They are resolute and tenacious in their connections to Waikaremoana.
9 Acknowledgements
Te reo Māori
Te Tiriti o Waitangi
(1)
E whakaae ana te Karauna kāore i waitohua e Ngāti Ruapani mai Waikaremoana Te Tiriti o Waitangi i te tau 1840. Ko te mana o te Karauna ki Aotearoa i ahu mai i ngā here Tiriti o te Karauna, tae atu ki ngā whakataurangi whakamaru, i uru ai a Ngāti Ruapani mai Waikaremoana ki raro i ērā. E whakaae ana te Karauna kāore i eke i a ia te maha o ōna here Tiriti ki a Ngāti Ruapani mai Waikaremoana. Ahakoa ngā mahi o mua a Ngāti Ruapani mai Waikaremoana ki te whakamaumahara i te Karauna ki ōna here, kāore i tutuki i te Karauna te whakarite i ngā nawe mauroa, tōtika hoki a Ngāti Ruapani mai Waikaremoana mā tētahi tikanga whaitake, ka mutu he roa rawa te wā e tāria ana kia whakaaetia aua nawe. Kei te pā tonu mai te pōuri me te mamae nui ki a Ngāti Ruapani mai Waikaremoana me te pānga o ngā ngoikoretanga o te Karauna i tēnei rā.
Te Pakanga me te “Whakahaukore”
(2)
E whakaae ana te Karauna ko ia te take i pakaru mai ai te riri i te rohe o Waikaremoana, ā, ko ētahi o āna mahi i te rohe o Waikaremoana i te tau 1866 ki te 1872 ko—
(a)
tōna ngoikore ki te āta tirotiro me te whakahaere tika i ngā mahi a ana ope taua, ā, ko te hua o tērā ko te whakamate kino i ngā mauhere kore pū i Onepoto i te tau 1866;
(b)
te whakamātau a te Karauna ki te whakakore atu i a Ngāti Ruapani mai Waikaremoana mai i te roto o Waikaremoana mā te kaupapahere “whakahaukore”
, ā, ko te mutunga atu ko te urupatu katoa i ngā pā kāinga, ngā māra, ngā pātaka kai, ngā kararehe, ngā wāhi tapu me ngā taonga, me
(c)
ngā whakaekenga i ngā kāinga, pērā i Te Kōpani i te tau 1866, i whawhai ai a Ngāti Ruapani mai Waikaremoana mō ō rātau whenua, tae atu ki a Whataroa me Ōhiwa i te tau 1870, i patua e ngā hōia a te Karauna tētahi tipuna o Ngāti Ruapani mai Waikaremoana me te hopu i tētahi tamaiti.
(3)
E whakaae ana te Karauna ko te utu o ēnei mahi ki a Ngāti Ruapani mai Waikaremoana ko te mate kai katoa o ngā tāngata me te nui o ngā tāngata i mate. He mauroa, he kino hoki te pānga o ngā mahi a te Karauna ki tō rātau mana, te hanganga pāpori, oranga hoki. E whakaae ana te Karauna kāore rawa atu ia i aro atu ki te ora me te oranga o Ngāti Ruapani mai Waikaremoana, i tino kino tana mahi haukore, ā, nā āna mahi i heke iho te whētuki me te korekore i roto i ngā reanga mai anō, he takahi tērā i te Tiriti o Waitangi me ōna mātāpono.
Te mauhere ki Wharekauri
(4)
E whakaae ana te Karauna i mauheretia tētahi tangata, neke atu rānei o Ngāti Ruapani mai Waikaremoana, ā, kāore hoki i whakawā tika i a rātau mō tētahi wā roa, ka mutu i noho rātau i roto i ngā āhuatanga weriweri i Wharekauri. I roto i tēnei mahi tūkino kāore i tika te manaaki i a rātau, me te aha kāore i taea e te ture ēnei mahi kino te whakawā nā runga i ngā ture maha e tiaki ana i aua mahi. E mōhio ana te Karauna, nā runga i tērā, i takahia e ia Te Tiriti o Waitangi me ōna mātāpono.
I kīia he hoariri
(5)
I hē te whakatau a te Karauna he hoariri a Ngāti Ruapani mai Waikaremoana i tana whakauru hē mai i ngā whenua o Ngāti Ruapani mai Waikaremoana ki te whakataunga tango whenua o te tau 1867, ahakoa ehara rātau i te hoariri.
Te raupatu me te tango whenua i te tau 1867
(6)
E whakaae ana te Karauna i hē tana whakauru i ngā whenua 0 Ngāti Ruapani mai Waikaremoana ki ngā whakataunga tango whenua o te tau 1867 me te kore rapu i tō rātau whakaae, ā, kāore hoki i kōrerorero ki a rātau. I tino hē te raupatu i ngā whenua o Ngāti Ruapani mai Waikaremoana, ā, i takahi i Te Tiriti o Waitangi me ōna mātāpono. Nā tērā, kāore i paku aro atu te Karauna ki te mana o Ngāti Ruapani mai Waikaremoana, me te aha i kino kē atu te mamae me te tūkino i pā ki a rātau.
Kāore i tuku kapeneheihana
(7)
E whakaae ana te Karauna he taumaha rawa tana kawe i te riri ki Waikaremoana, ā, i kino, i hohoro te pā o te mamae ki a Ngāti Ruapani mai Waikaremoana. I pēhia a Ngāti Ruapani mai Waikaremoana e ngā pānga mauroa o tēnei mamae mai anō i ngā reanga o mua, ā, kāore i whiwhi kapeneheihana mai i te Karauna.
Onepoto
(8)
E whakaae ana te Karauna i murua e ia ngā whenua o Ngāti Ruapani mai Waikaremoana i Onepoto me ētahi atu whenua i te awa o Waikaretāheke, tae atu ki ngā papa rākau i te tau 1872 me te tuku kapeneheihana, ā, i takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono.
Ngā Poroka e Whā i te Taha Tonga
(9)
E whakaae ana te Karauna i riro i a ia ngā whenua katoa o Ngāti Ruapani mai Waikaremoana i te tau 1875 mai i ngā poraka e whā i te taha tonga, he tata ki te 178,000 eka te nui, me Onepoto hoki, whai muri i te whakamataku i a rātau ka raupatuhia ō rātau pānga i roto i tēnei whenua. He mauroa, he tino kino ngā mahi tāmi me te uruhi o te tango i ngā whenua i tēnei rohe ki ngā pānga tuku iho, te mana me te oranga o Ngāti Ruapani mai Waikaremoana me te takahi i Te Tiriti o Waitangi me ōna mātāpono, i heke iho ai te mamae me te tūkino nui i roto i ngā reanga.
Ngā Poroka e Whā i te Taha Tonga – Ngā Whenua Rāhui
(10)
E whakaae ana te Karauna—
(a)
ko ngā taitara i whiwhi a Ngāti Ruapani mai Waikaremoana me tētahi atu iwi mō ngā whenua rāhui i Whareama, Te Kōpani, Te Heiotāhoka me Ngāputahi i tukuna kētia atu ki ngā tāngata 60 kaua ki ngā rangatira whenua katoa;
(b)
nō te tau 1889 rā anō i whakawhiwhia te taitara o ngā whenua rāhui e whā, ka mutu kāore tonu he kuhunga ā-ture mō ngā whenua rāhui i Whareama me Ngāputahi; ā,
(c)
I whakaurua mai a Whareama me Ngāputahi i muri mai ki roto i te Whakamoanatanga o Te Urewera ahakoa ngā tohe a Ngāti Ruapani mai Waikaremoana, ā, i riro i te Karauna i te tau 1921.
Ngā Ture Whenua Māori
(11)
E whakaae ana te Karauna kāore ia i kōrerorero ki a Ngāti Ruapani mai Waikaremoana mō te whakaurunga mai o ngā ture whenua Māori.
Te Whitu Tekau
(12)
E whakaae ana te Karauna—
(a)
kāore i whakamanatia e ia Te Whitu Tekau hei kaupapa tōrangapū i muri i te whakatūtanga e ngā rangatira o Te Urewera i te tau 1872 hei kaunihera whakahaere pupuri i te mana motuhake o Tūhoe whai muri i te “tatau pounamu”
o te tau 1871;
(b)
I whakahē Te Whitu Tekau ki ngā whakaritenga whenua, ngā rori, me te mahi a Te Kooti Whenua Māori i roto tō rātau rohe i whakatauhia e rātau; ā,
(c)
ahakoa ngā tikanga a Te Whitu Tekau, i tīmata ngā mahi pēhi a te Karauna ki te whakatuwhera i Te Urewera mō ngā rori, te rurī me ngā whakawātanga a Te Kooti Whenua Māori.
Te Kooti Whenua Māori me te Ariki Takitahi o te Taitara
(13)
E whakaae ana te Karauna nāna i whakauru mai i Te Kooti Whenua Māori ki ngā whenua o Ngāti Ruapani mai Waikaremoana ahakoa te whakahē a Te Whitu Tekau, ā, nā ngā whakahaere me te pānga o ngā ture whenua Māori, otirā te whakawhiwhi i ngā taitara ki te tangata takitahi kaua ki te hapū, ki te iwi rānei, i noho tuwhera ai ngā whenua o Ngāti Ruapani Mai Waikaremoana kia wāwāhitia, kia wehewehetia, kia riro atu hoki. I tautoko hoki tēnei i te takahi i ngā hanganga ā-iwi, ā, i ahu mai tēnei mai i te mana o te iwi me ngā hapū. Kāore i whakamarutia e te Karauna ēnei hanganga, ā, i takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono.
Te Takiwā Rāhui Māori o Te Urewera (UDNR)
(14)
E whakaae ana te Karauna i te tau 1894, ki te 1895, i whakariterite a Ngāti Ruapani mai Waikaremoana i runga i te ngākau pono, i te taha o ētahi atu hunga, kia whakaae te Karauna ki tētahi whakaritenga pono, ā, i tūkinotia a Ngāti Ruapani mai Waikaremoana e te Karauna nā te āhua o tana whakatinana i te Ture Takiwā Rāhui Māori o Te Urewera 1896.
(15)
E whakaae ana te Karauna—
(a)
i tino tōmuri i a ia te whakatū i te whakamana whakahaere ā-rohe e ai ki te Ture Takiwā Rāhui Māori o Te Urewera. Kātahi ka tino hē kē atu nā ngā tōmuritanga korekiko o te whakatū i tētahi rōpū hei whakawā i ngā pīra ki ngā whakatau a te Kōmihana o Te Urewera;
(b)
kāore i tuku ara kia noho ai ko te tangata whenua o Te Urewera te nuinga o te Kōmihana o Te Urewera i ngā whakawātanga;
(c)
kāore i tukuna he wāhanga ki ngā tangata whenua o Te Urewera ki te rōpū pīra o te Kōmihana o Te Urewera;
(d)
kāore i tautokona e ia te whakaaetanga i roto i roto i te whakaritenga kia whakawhiwhia ngā taitara whenua i roto i te Takiwā Rāhui Māori o Te Urewera ki ngā hapū;
(e)
i whakararua te mātāpono matua o te Ture, te mana motuhake nā tana whakatau i te tau 1909 kia whakarerekēhia ngā mema o te Komiti Nui, i raro i te Ture ka pōtitia rātau; ā,
(f)
kāore i whakatūria e ia tētahi tikanga tōtika mō te whakahaere me te mana whakahaere o ngā whenua o te rohe, ā, i takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono.
(16)
E whakaae ana te Karauna i takahia e ia tana whakaritenga me Ngāti Ruapani mai Waikaremoana me ētahi atu hunga mā te whakatairanga i āna ake huringa ki te Ture 1896, ā, i takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono.
(17)
E whakaae ana hoki te Karauna—
(a)
nāna i whakatairanga ngā ture aukati i te Takiwā Rāhui Māori o Te Urewera mai i ngā wāhanga ā-ture kia kore ai e noho whenua kore me te whakarite ka whiwhi a Ngāti Ruapani mai Waikaremoana me ētahi atu hunga i te utu tino iti mō te wāriu a te Kāwanatanga mō ō rātau pānga whenua;
(b)
ko te Karauna anake te kaihoko, ā, i tohe a Ngāti Ruapani mai Waikaremoana he iti rawa ana utu hoko whenua i te Takiwā Rāhui Māori o Te Urewera; ā,
(c)
kāore i whakaurua e ia te wāriu o ngā rākau i tana whiriwhiri i ngā utu mō ngā whenua o te Takiwā Rāhui Māori o Te Urewera.
Te Poraka o Waipaoa 5
(18)
E whakaae ana te Karauna ko tana tuku i a Waipaoa 5 ki roto i te Poari Whenua Māori o Te Tairāwhiti i te tau 1906 i takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono.
(19)
E whakaae ana te Karauna—
(a)
Nāna anō te whakatau ki te whakaheke i te utu i whakaaetia e ngā rangatira whenua o Waipaoa i tētahi hui o ngā rangatira whenua i te tau 1910, kāore he huringa atu mō ngā rangatira whenua pōhara i tua atu i te whakaae ki te utu i whakaheketia e te Karauna i te tau 1913; ā,
(b)
ko ngā mahi a te Karauna he takahi i Te Tiriti o Waitangi me ōna mātāpono.
Waikareiti
(20)
E whakaae ana hoki te Karauna he nawe nui tonu te rironga o te moana o Waikareiti, tae atu ki te wāwāhi me te rūri i te poraka o Waipaoa, mō Ngāti Ruapani mai Waikaremoana.
Te Poraka o Waikaremoana
(21)
E whakaae ana te Karauna—
(a)
i tāmia e ia a Ngāti Ruapani mai Waikaremoana kia whakaurua atu ōna pānga i roto i te poraka o Waikaremoana ki te Whakamoanatanga o Te Urewera mā te whakamataku i a rātau ka murua e ia te whenua i raro i te ture;
(b)
i riro mai i a ia ētahi o ngā pānga o Ngāti Ruapani mai Waikaremoana i roto i te poraka o Waikaremoana mā te utu i te ono hereni i te eka mō ētahi atu whenua, kātahi ka whakawhitia ērā mō ō rātau whenua i Waikaremoana;
(c)
i riro mai i a ia ētahi atu o ngā pānga o Ngāti Ruapani mai Waikaremoana i Waikaremoana mā te utu i te 15 hereni i te eka ahakoa i whakaae ngā rangatira whenua ki te 16 hereni te utu hoko;
(d)
i riro mai i a ia ētahi atu o ngā pānga o Ngāti Ruapani mai Waikaremoana i Waikaremoana mā te utu i te ono hereni i te eka ahakoa i whakaaetia kētia te utu o te 15 hereni i te eka;
(e)
he nui te rawakore i pā mai i tēnei ki ngā rangatira whenua o Ngāti Ruapani mai Waikaremoana nā te whakaae kia utua rātau mō ō rātau pānga i Waikaremoana mā ngā monimanamana, kāore te Karauna i whakarite ka utua rātau mō te itarete e nama ana ki a rātau mai i ā rātau monimanamana. Nō te 25 tau rā anō i muri mai o te tatūtanga kātahi anō ka ea i te Karauna te wāriu pūrawa o ngā monimanamana;
(f)
kāore ia i whakarite ka whai whenua a Ngāti Ruapani mai Waikaremoana mō ō rātau hiahia onāianei, o anamata hoki; ā,
(g)
nā ēnei mahi me ngā hapa, i takahia e ia Te Tiriti o Waitangi me ōna mātāpono.
Ngā whenua rāhui o Waikaremoana
(22)
E whakaae ana te Karauna nāna i whakaiti i ngā whai wāhitanga ōhanga ki a Ngāti Ruapani mai Waikaremoana mā te aukati i te rīhi a ngā rangatira whenua o ngā whenua rāhui o Waikaremoana i ō rātau whenua me te aukati i te turaki a ngā rangatira whenua i ngā rākau i runga i ō rātau whenua. He takahi ēnei mahi i Te Tiriti o Waitangi me ōna mātāpono.
(23)
E whakaae ana te Karauna kāore he here utu reiti o ngā whenua rāhui o Waikaremoana i raro i te Ture Whenua o Te Urewera 1921–1922. Engari, i te tau 1964, i whakakorehia e te Karauna tēnei here kore utu reiti ahakoa kāore i taea e Ngāti Ruapani mai Waikaremoana te mahi moni mai i ngā whenua rāhui nā ngā here a te Karauna.
(24)
E whakaae ana te Karauna i te tau 1971, i tahuri ia ki te tautapa i ngā whenua rāhui o Waikaremoana hei āpitihanga ki te Rohe Pāka o Te Urewera i roto i te mahere takiwā, e aukati ana i te whakatū, te noho rānei a Ngāti Ruapani mai Waikaremoana ki runga i ngā whenua rāhui.
Te papamoana o Waikaremoana
(25)
E whakaae ana te Karauna, he maha ngā tau i muri i te whakatau a te Kooti Whenua Māori o te tau 1918, kāore i whakamanatia e te Karauna te mana o Ngāti Ruapani mai Waikaremoana ki te papamoana o Waikaremoana, ā, i nui te raruraru ki a Ngāti Ruapani mai Waikaremoana nā tana whakahaere i te papamoana ānō nei nā te Karauna ake. Otirā, e whakaae ana te Karauna—
(a)
ahakoa he mana tō Ngāti Ruapani mai Waikaremoana ki te papamoana kāore te Karauna i kōrerorero ki a Ngāti Ruapani mai Waikaremoana i mua i tana tīmata ki te hanga i te Teihana Hiko o Kaitawa, ā, nā tērā i maroke ai he wāhanga o te papamoana, ā, i mate hoki ngā ika;
(b)
i hangaia ngā rori me ngā hanganga nunui ki te papamoana maroke me te kore whakaae a ōna rangatira whenua;
(c)
nō te tau 1971 rā anō kātahi anō te Karauna ka utu rēti ki a Ngāti Ruapani mai Waikaremoana mō tēnei whenua, ā, kāore anō kia utua e ia a Ngāti Ruapani mai Waikaremoana mō tana whakamahi i te papamoana i mua o te tau 1967; ā,
(d)
i roto i tana whakahaere i te papamoana kāore i whakaaronuitia e te Karauna te rangatiratanga o Ngāti Ruapani mai Waikaremoana, ka mutu i takahia e ia te Tiriti o Waitangi me ōna mātāpono.
Whenua kore
(26)
Nā te ngoikore o te Karauna ki te whakarite ka mau tonu i a Ngāti Ruapani mai Waikaremoana he whenua rawaka mō ōna hiahia onāianei me ā muri ake he nui te tūkino i pā mai ki a Ngāti Ruapani mai Waikaremoana, ā, i riro te nuinga o ngā whenua tuku iho o Ngāti Ruapani mai Waikaremoana me tō rātau kaha ki te tiaki i a rātau anō. Kāore i eke i te Karauna ōna here i raro i Te Tiriti o Waitangi me ōna mātāpono ki te āta tiaki i a Ngāti Ruapani kia kore ai rātau e noho whenua kore.
Te Rohe Pāka o Te Urewera
(27)
E whakaae ana te Karauna he hononga motuhake tō Ngāti Ruapani mai Waikaremoana ki Te Urewera, me ngā rawa, ngā wāhi tapu me ngā taonga i roto.
(28)
E whakaae ana te Karauna—
(a)
kāore ia i kōrerorero ki a Ngāti Ruapani mai Waikaremoana mō te whakatūtanga o Te Rohe Pāka o Te Urewera i te tau 1954, mō te whakawhanuitanga rānei i te tau 1957;
(b)
i tino whakaitia e te poari whakahaere o te pāka te kaha o Ngāti Ruapani mai Waikaremoana ki te whakamahi me te whakawhanake i ngā rawa o ō rātau whenua e pātata ana, e karapotia ana rānei e te Pāka;
(c)
i whakaurua ngā pānga o Ngāti Ruapani mai Waikaremoana i te moana o Waikaremoana ki roto i te Pāka i te tau 1954 me tā rātau kore whakaae; ā,
(d)
nā tōna ngoikore ki te tino tiaki i ngā pānga o Ngāti Ruapani mai Waikaremoana i te whakatūtanga me te poari whakahaere o te Rohe Pāka o Te Urewera i takahi ia i Te Tiriti o Waitangi me ōna mātāpono.
Te Kura Māori o Te Kōkako
(29)
E whakaae ana te Karauna—
(a)
i te tau 1896, i rīhitia e te Karauna he wāhi mō tētahi kura Māori i Te Kōkako mai i ngā rangatira whenua o Ngāti Ruapani mai Waikaremoana mō te 21 tau i te rēti tino iti rawa, engari kāore i whakahoutia te rīhi i tōna mutunga. Engari, i te tau 1921, i murua e te Karauna ngā eka e whā o te whenua i reira te kura e tū ana me te kore utu kapeneheihana ki ngā rangatira whenua, ka mutu i takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono; ā,
(b)
nō te tau 1945, ko tāna i whakatau ai i runga ngā māharahara hauora kāore i tika a Te Kōkako hei kura, kātahi ka murua e te Karauna he rima eka atu anō o tētahi whenua e pātata ana ki te pā o Te Waimako kia pai ai te neke i te kura ki reira. Ahakoa ko te whakatau a te Karauna, i te tau 1946 ka noho tonu te kura ki Te Kōkako, nō te tau 1967 rā anō i mana ai tana whakahoki i te whenua, ka mutu kāore ia i utu kapeneheihana ki a Ngāti Ruapani mai Waikaremoana mō te muru i te whenua.
Te Papariki
(30)
E whakaae ana te Karauna—
(a)
kāore ia i whakamōhio atu ki a Ngāti Ruapani mai Waikaremoana mō te whakatū i te Teihana Hiko o Piripāua me te tango i ētahi o ngā whenua i mua i tana uru atu ki ō rātau whenua mō ngā rūri tuatahi, me tō rātau kore mōhio, kore whakaae rānei, ā, kāore i aro atu ki tō rātau mana me tō rātau rangatiratanga;
(b)
i kuhu poka noa ia ki ngā whenua o Ngāti Ruapani mai Waikaremoana me te takahi i ō rātau mana, oranga hoki mā te tūkino i ngā māra me ngā uru huarākau me te kari poka noa i ngā kōhatu;
(c)
i whakahāweatia a Ngāti Ruapani mai Waikaremoana, ka mutu i whara kino rātau i te kaupare a te Karauna i ā rātau whakahē tika ki te muru a te Karauna i ō rātau whenua mō te papariki, me te whakaiti i te rironga o ngā whenua o ngā Pākehā nā runga i ā rātau tono;
(d)
ko te tikanga me kōrerorero tika tonu ki a Ngāti Ruapani mai Waikaremoana e pā ana ki te tango whenua mō te Teihana Hiko o Piripāua engari kāore i tutuki tērā, kāore hoki i ōrite te manaaki i a rātau pērā i ētahi atu rangatira whenua; ā,
(e)
i takahia Te Tiriti o Waitangi me ōna mātāpono nā runga i te āhua o tana tango whenua mō te Teihana Hiko o Piripāua, i mauroa ai te mamae ki a Ngāti Ruapani mai Waikaremoana me tō rātau hononga ki ō rātau whenua.
Te Muru Whenua ā-Ture i Ngā Pānga Kore Hua Ohaoha
(31)
E whakaae ana te Karauna i waenga i te tau 1953 me te 1974, i whakamanatia e ia te Kaitiaki Māori ki te muru ā-ture i ngā whenua o Ngāti Ruapani mai Waikaremoana i runga i te whakaaro o te Karauna kāore i te puta he hua ohaoha i aua whenua, ā, he takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono me te momotu atu i te hono tika o Ngāti Ruapani mai Waikaremoana ki tō rātau tūrangawaewae.
Te Haere ki te Pakanga
(32)
E whakaae ana, e mihi atu hoki te Karauna ki a Ngāti Ruapani mai Waikaremoana mō tā rātau tautoko i ngā pakanga a Aotearoa o te rau tau rua tekau, tae atu ki te whawhai i ngā pakanga e rua o te ao.
Te Reo o Waikaremoana
(33)
E whakaae ana te Karauna kāore i āta tiakina e ia te reo o Waikaremoana me te whakatairanga kia whakamahia te reo i waenganui i a Ngāti Ruapani mai Waikaremoana. E whakaae anō hoki te Karauna nā tēnei ngoikoretanga i heke te matatau o Ngāti Ruapani mai Waikaremoana ki te reo o Waikaremoana, ā, i uaua ai te tuku haere i te mita o Waikaremoana ki ngā reanga hou. E whakaae ana te Karauna he takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono.
Te Noho Rawakore me te Wehenga Atu
(34)
E whakaae ana te Karauna kei waho te nuinga o ngā tāngata o Ngāti Ruapani e noho ana i ō rātau whenua tuku iho nā runga i ana kaupapahere, e noho momotu mai ai rātau mai i ā rātau tikanga, tō rātau tūrangawaewae me ō rātau whānau.
(35)
E whakaae ana te Karauna i noho rawakore te hunga i mahue mai ki runga i ngā whenua, me te kino o ngā pānga hauora, te koretake o te mātauranga me ngā whare noho, ka mutu he roa e noho pērā ana, ā, kāore i ōrite ō rātau whai wāhitanga kia pai ai te noho pērā i te maha atu o ngā tāngata o Aotearoa.
Aukatitanga
(36)
E whakaae ana te Karauna he mahi tino hē te whakawehenga me te aukatitanga i pā ki ngā ākonga Māori o Te Kura Māori o Te Kōkako i ngā tau o te 1920 me te 1930. E whakaae ana hoki te Karauna i pā mai ētahi atu momo aukatitanga ki a Ngāti Ruapani mai Waikaremoana i roto i te wā i runga hoki i ō rātau whenua, he takahi tērā i tō rātau mana tangata whenua. Kāore i tika ēnei mahi kaikiri, ā, i mauroa te mamae ki ngā reanga o Ngāti Ruapani mai Waikaremoana.
Ngā tauārai mātauranga
(37)
E whakaae ana te Karauna—
(a)
ko tētahi o ngā whāinga matua o te pūnaha mātauranga mō te maha o ngā mahi ko te whakapākehā i ngā tamariki o Ngāti Ruapani mai Waikaremoana ki raro i ngā tikanga Pākehā;
(b)
Kāore i uaratia ngā tirohanga a Ngāti Ruapani mai Waikaremoana e te pūnaha mātauranga;
(c)
He nui te whakamamae i pā ki ngā tamariki o Ngāti Ruapani mai Waikaremoana mai i ngā patunga me te whakaiti i a rātau mō te kōrero Māori i ngā kura a te Karauna. I tautoko tēnei i te pēhi a Ngāti Ruapani mai Waikaremoana i tōna tuakiri, reo, ahurea hoki;
(d)
I uaua ki ngā tamariki o Ngāti Ruapani mai Waikaremoana e noho ana i runga i ō rātau whenua tuku iho te whai mātauranga kura tuarua, ā, i te nuinga o te wā i mate rātau ki te puta atu ki waho o te takiwā ki te kura tuarua. Nā tēnei i tau mai ai ngā taumahatanga ki a rātau me ō rātau whānau i tautoko i a rātau;
(e)
he pāpaku noa ngā tūmanako o te pūnaha mātauranga mō ngā ākonga Māori, ā, kāore rawa atu i kātata ngā whakataenga mātauranga a ngā tamariki o Ngāti Ruapani mai Waikaremoana ki ētahi atu o Aotearoa; ā,
(f)
ko ngā whakataenga mātauranga pāpaku tētahi āhuatanga i noho rawakore ai a Ngāti Ruapani mai Waikaremoana mō ngā reanga maha.
Te Mana Tuku Iho, te Whakapākehātanga me te Tū Māia
(38)
E whakaae ana te Karauna—
(a)
I te tau 1840, i a Ngāti Ruapani mai Waikaremoana tonu te mana tuku iho o ō rātau whenua me ā rātau rawa me te torotoro hoki ki te ao hou;
(b)
i te rau tau tekau mā iwa, ā, tae atu noa ki te rau tau rua tekau, i whakatairanga te Karauna i ngā ture me te waihanga kaupapahere hei whakapākehā i te Māori kia noho Pākehā ai;
(c)
nā ngā ture me ōna tāhapatanga, i hāpai ai te Karauna i te haumatetanga o te rangatiratanga, ngā hanganga ā-iwi me te mātauranga o Ngāti Ruapani mai Waikaremoana me te mana tuku iho o ō rātau whenua, rawa hoki; ā,
(d)
ahakoa tēnei i tū māia tonu a Ngāti Ruapani mai Waikaremoana me te mau tonu ki tō rātau tuakiri me tō rātau mana tae noa ki tēnei rā.
English
Te Tiriti o Waitangi/The Treaty of Waitangi
(1)
The Crown acknowledges that Ngāti Ruapani mai Waikaremoana did not sign te Tiriti o Waitangi/the Treaty of Waitangi in 1840. The Crown’s authority over New Zealand rested in part on the Treaty and the Crown’s Treaty obligations, including its protective guarantees, applied to Ngāti Ruapani mai Waikaremoana. The Crown acknowledges that it has failed to meet many of its Treaty obligations to Ngāti Ruapani mai Waikaremoana. Despite the previous efforts of Ngāti Ruapani mai Waikaremoana to remind the Crown of its obligations, the Crown has failed to deal with the long-standing and legitimately held grievances of Ngāti Ruapani mai Waikaremoana in an appropriate way, and recognition of those grievances is long overdue. The sense of grief and loss suffered by Ngāti Ruapani mai Waikaremoana and the impact of the Crown’s failings endure today.
War and scorched earth
(2)
The Crown acknowledges that it was ultimately responsible for the outbreak of conflict in the Waikaremoana district and that its conduct during its attacks on the Waikaremoana district in 1866 and 1869 to 1872 included—
(a)
the failure to properly monitor and control the actions of the armed forces, resulting in the execution of unarmed prisoners at Onepoto in 1866; and
(b)
the Crown’s attempt to dispose of and clear out Ngāti Ruapani mai Waikaremoana from around Lake Waikaremoana by using a scorched earth policy, which resulted in the widespread destruction of kāinga, pā, cultivations, food stores, animals, wāhi tapu, and taonga; and
(c)
attacks on kāinga, such as Te Kōpani in 1866, where Ngāti Ruapani mai Waikaremoana fought to defend their lands, and Whataroa and Ōhiwa in 1870, where Crown forces killed a tipuna of Ngāti Ruapani mai Waikaremoana and captured a child.
(3)
The Crown acknowledges that the impacts of these actions on Ngāti Ruapani mai Waikaremoana included widespread starvation and extensive loss of life. The Crown’s actions had an enduring and devastating effect on the mana, social structure, and well-being of Ngāti Ruapani mai Waikaremoana. The Crown acknowledges that its conduct showed ruthless disregard for the survival and well-being of Ngāti Ruapani mai Waikaremoana, went far beyond what was necessary or appropriate in the circumstances, and the destruction left a legacy of intergenerational trauma and was in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Detention on Chatham Islands
(4)
The Crown acknowledges that it detained at least 1 member of Ngāti Ruapani mai Waikaremoana without trial for an unreasonable length of time and in harsh conditions on the Chatham Islands. This injustice involved deprivation of basic human rights and could not be legally challenged because of several indemnity acts. The Crown acknowledges that, in doing so, it breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Labelling as rebels
(5)
The Crown unjustly treated Ngāti Ruapani mai Waikaremoana as rebels when it wrongfully included lands in which Ngāti Ruapani mai Waikaremoana held interests in the 1867 deed of cession, even though they had not been in rebellion.
Confiscation and 1867 deed of cession
(6)
The Crown acknowledges that it unjustly included Ngāti Ruapani mai Waikaremoana lands in the 1867 deed of cession without their consent and without any consultation. The effective confiscation of Ngāti Ruapani mai Waikaremoana interests was fundamentally wrongful and a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. In doing so, the Crown demonstrated a blatant disregard for the rights and mana of Ngāti Ruapani mai Waikaremoana, further compounding the harm and injustice inflicted upon them.
Failure to compensate
(7)
The Crown acknowledges that its military conduct at Waikaremoana was excessive and caused catastrophic and immediate prejudice to Ngāti Ruapani mai Waikaremoana. Ngāti Ruapani mai Waikaremoana have had to endure the lasting impacts of this prejudice for many generations without compensation from the Crown.
Onepoto
(8)
The Crown acknowledges that, in 1872, it took Ngāti Ruapani mai Waikaremoana land at Onepoto and other land beside the Waikaretāheke River, including its timber resources, without providing compensation and that this was in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
The four southern blocks
(9)
The Crown acknowledges that, in 1875, it acquired all of Ngāti Ruapani mai Waikaremoana interests in approximately 178,000 acres in the four southern blocks in southern Waikaremoana, including Onepoto, after threatening to confiscate their interests in this land. The aggressive and coercive measures undertaken to acquire land in this district had lasting and devastating effects on the customary interests, mana, and well-being of Ngāti Ruapani mai Waikaremoana and breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles, causing intergenerational harm and profound injustice.
The four southern blocks: reserves
(10)
The Crown acknowledges that—
(a)
the titles Ngāti Ruapani mai Waikaremoana and another tribal grouping received for 4 reserves at Whareama, Te Kōpani, Te Heiotāhoka, and Ngāputahi were granted to 60 individuals rather than to all owners; and
(b)
the title to the 4 reserves was not awarded until 1889 and Whareama and Ngāputahi remained with no legal access; and
(c)
Whareama and Ngāputahi were subsequently included in the Urewera Consolidation Scheme, against the wishes of Ngāti Ruapani mai Waikaremoana, and were acquired by the Crown in 1921.
Native land laws
(11)
The Crown acknowledges that it did not consult Ngāti Ruapani mai Waikaremoana about the introduction of native land laws.
Te Whitu Tekau
(12)
The Crown acknowledges that—
(a)
it did not formally recognise Te Whitu Tekau as a political institution after the leaders of Te Urewera established it in 1872 as a governing council to uphold mana motuhake in Te Urewera following the “peace compact”
in 1871; and
(b)
Te Whitu Tekau objected to land dealings, roads, surveys, and the Native Land Court operating within the boundaries it had established; and
(c)
despite Te Whitu Tekau policies, the Crown eventually exerted pressure to open up Te Urewera to roads, surveying, and Native Land Court sittings.
Native Land Court and individualisation of title
(13)
The Crown acknowledges that it introduced the Native Land Court to Ngāti Ruapani mai Waikaremoana lands despite the opposition of Te Whitu Tekau and that the operation and impact of the native land laws, in particular the awarding of titles to individuals rather than to hapū or iwi, made Ngāti Ruapani mai Waikaremoana lands more susceptible to partition, fragmentation, and alienation. This contributed to the undermining of their tribal structures, which were based on collective tribal and hapū custodianship. The Crown failed to protect these structures and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Urewera District Native Reserve
(14)
The Crown acknowledges that, in 1894 and 1895, Ngāti Ruapani mai Waikaremoana negotiated in good faith, alongside other groups, to secure Crown agreement to a solemn compact, and the Crown caused Ngāti Ruapani mai Waikaremoana severe prejudice by the manner in which it implemented the Urewera District Native Reserve Act 1896 (the 1896 Act).
(15)
The Crown acknowledges that—
(a)
it caused significant delays in the establishment of the local government provided for under the 1896 Act. This was compounded by unreasonable delays in the establishment of a body to hear appeals from decisions of the Urewera Commission; and
(b)
it failed to provide options to ensure majority Te Urewera Māori participation in the Urewera Commission when it sat; and
(c)
it failed to provide any role for Te Urewera Māori on the Urewera Commission appellate body; and
(d)
it failed to uphold the agreement in the compact that land titles in the Urewera District Native Reserve would be awarded to hapū; and
(e)
it undermined the 1896 Act’s core principle of self-government by intervening in 1909 to change the membership of the General Committee, which that Act had provided would be elected; and
(f)
it ultimately failed to establish an effective system of local land administration and governance, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(16)
The Crown acknowledges that it breached its compact with Ngāti Ruapani mai Waikaremoana and other groups by promoting unilateral changes to the 1896 Act and that this breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(17)
The Crown also acknowledges that—
(a)
it promoted legislation that exempted the Urewera District Native Reserve from statutory provisions intended to prevent landlessness and ensure that Ngāti Ruapani mai Waikaremoana and other groups were paid a minimum of Government valuation for their land interests; and
(b)
it was a monopoly purchaser and paid prices for Urewera District Native Reserve land that Ngāti Ruapani mai Waikaremoana protested were too low; and
(c)
it excluded the value of timber when calculating prices for Urewera District Native Reserve lands.
Waipaoa 5 block
(18)
The Crown acknowledges that the compulsory vesting of Waipaoa 5 in the Tairawhiti District Maori Land Board in 1906 was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(19)
The Crown acknowledges that—
(a)
it unilaterally reduced the price that the owners of Waipaoa 5 had agreed to accept at a meeting of the assembled owners in 1910, and the impoverished owners had little choice but to accept the reduced price offered by the Crown in 1913; and
(b)
its actions were a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Lake Waikareiti
(20)
The Crown also acknowledges that the alienation of Lake Waikareiti, including through the partition and survey of the Waipaoa block, remains a major grievance for Ngāti Ruapani mai Waikaremoana.
Waikaremoana block
(21)
The Crown acknowledges that—
(a)
it pressured Ngāti Ruapani mai Waikaremoana into allowing their interests in the Waikaremoana block to be included in the Urewera Consolidation Scheme by threatening to compulsorily acquire the land; and
(b)
it acquired some Ngāti Ruapani mai Waikaremoana interests in the Waikaremoana block by paying 6 shillings an acre in the form of other land that was exchanged for their Waikaremoana land; and
(c)
it acquired some of the other Ngāti Ruapani mai Waikaremoana interests in Waikaremoana by paying 15 shillings an acre despite the owners having agreed to sell at a price of 16 shillings an acre; and
(d)
it acquired other Ngāti Ruapani mai Waikaremoana interests in Waikaremoana by paying 6 shillings an acre despite previously agreeing to pay 15 shillings an acre; and
(e)
it caused considerable hardship to Ngāti Ruapani mai Waikaremoana owners who accepted payment for their Waikaremoana interests in the form of debentures, by not ensuring that they were paid the interest due on their debentures. The Crown did not finally pay off the capital value of the debentures until 25 years after it first became due; and
(f)
it failed to ensure that Ngāti Ruapani mai Waikaremoana retained sufficient land for their present and future needs; and
(g)
by these acts and omissions, the Crown breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Waikaremoana reserves
(22)
The Crown acknowledges that it restricted the economic opportunities of Ngāti Ruapani mai Waikaremoana by preventing the owners of the Waikaremoana reserves from leasing their land and by taking steps to prevent the owners from felling timber on their land. These actions were in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(23)
The Crown acknowledges that the Waikaremoana reserves had been exempt from rates under the Urewera Lands Act 1921–1922. However, in 1964, the Crown lifted the rates exemption even though Ngāti Ruapani mai Waikaremoana were unable to earn any income from the reserves due to Crown restrictions.
(24)
The Crown acknowledges that, in 1971, it took steps to ensure the Waikaremoana reserves were designated as additions to the Urewera National Park in the local district plan, preventing Ngāti Ruapani mai Waikaremoana from building or living on the reserves.
Waikaremoana lakebed
(25)
The Crown acknowledges that, for many years following the 1918 Native Land Court decision, the Crown did not recognise Ngāti Ruapani mai Waikaremoana rights in the bed of Lake Waikaremoana, and caused great prejudice to Ngāti Ruapani mai Waikaremoana by administering the lakebed as if it were Crown property. In particular, the Crown acknowledges that,—
(a)
despite Ngāti Ruapani mai Waikaremoana’s interest in the lakebed, the Crown did not consult Ngāti Ruapani mai Waikaremoana before commencing the construction of Kaitawa Power Station, which ultimately led to some of the lakebed becoming dry land and the degradation of fishing stocks; and
(b)
it constructed roads and significant structures on the exposed lakebed without the consent of its owners; and
(c)
it did not pay Ngāti Ruapani mai Waikaremoana rent for this land until 1971, and it has never paid Ngāti Ruapani mai Waikaremoana for its use of the lakebed before 1967; and
(d)
in its administration of the lakebed, the Crown failed for many years to respect Ngāti Ruapani mai Waikaremoana rangatiratanga and breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Landlessness
(26)
The Crown’s failure to ensure that Ngāti Ruapani mai Waikaremoana retained sufficient lands for the present and future needs of their people caused enduring harm to Ngāti Ruapani mai Waikaremoana and deprived Ngāti Ruapani mai Waikaremoana of nearly all of their customary lands and the ability to sustain their people. The Crown did not meet its duty under te Tiriti o Waitangi/the Treaty of Waitangi and its principles to actively protect Ngāti Ruapani mai Waikaremoana from becoming virtually landless.
Te Urewera National Park
(27)
The Crown acknowledges that Ngāti Ruapani mai Waikaremoana have a special relationship with Te Urewera and the resources, wāhi tapu, and taonga that lie within it.
(28)
The Crown acknowledges that—
(a)
it did not consult Ngāti Ruapani mai Waikaremoana about the establishment of Te Urewera National Park in 1954, or about the expansion of the park in 1957; and
(b)
the governance of the park severely restricted the ability of Ngāti Ruapani mai Waikaremoana to use and develop the resources of their land adjoining or enclosed by the park; and
(c)
Ngāti Ruapani mai Waikaremoana interests in Lake Waikaremoana were included in the park in 1954 without their consent; and
(d)
its failure to adequately provide for the interests of Ngāti Ruapani mai Waikaremoana in the establishment and governance of Te Urewera National Park breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Kokako Native School
(29)
The Crown acknowledges that,—
(a)
in 1896, the Crown leased a site for a native school at Kokako from Ngāti Ruapani mai Waikaremoana owners for 21 years at a peppercorn rental but did not renew the lease after it expired. Instead, in 1921, the Crown compulsorily took the 4 acres of land on which the school continued to operate without paying any compensation to the owners, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles; and
(b)
by 1945, it had concluded that, due to health concerns, the site at Kokako was unsuitable for a school, and it compulsorily took a further 5 acres of land near Waimako Pā so that the school could be relocated. Although the Crown decided, in 1946, that the school would remain at Kokako, it did not formally return the land until 1967 and never paid any compensation to Ngāti Ruapani mai Waikaremoana for this taking.
Public works
(30)
The Crown acknowledges that it—
(a)
failed to inform Ngāti Ruapani mai Waikaremoana of the proposed Piripaua Power Station and the possible taking of some of their lands before the Crown entered their lands for preliminary surveys, without their knowledge or consent, disregarding their mana and rangatiratanga; and
(b)
trespassed unlawfully on Ngāti Ruapani mai Waikaremoana lands and blatantly disrespected their rights and livelihood by damaging crops and orchards and quarrying gravel without permission; and
(c)
discriminated against Ngāti Ruapani mai Waikaremoana and caused clear prejudice by inequitably dismissing their legitimate objections to the taking of their lands for public works, while reducing the amount of land taken in response to requests from neighbouring European landowners; and
(d)
was required to consult adequately with Ngāti Ruapani mai Waikaremoana in relation to the taking of land for the Piripaua Power Station but failed to do so and to treat them equally with other landowners; and
(e)
breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles in the manner in which it took land for the Piripaua Power Station, causing lasting harm to Ngāti Ruapani mai Waikaremoana and their connection to their whenua.
Compulsory acquisition of uneconomic interests
(31)
The Crown acknowledges that, between 1953 and 1974, it empowered the Māori Trustee to compulsorily acquire interests in Ngāti Ruapani mai Waikaremoana lands that the Crown considered uneconomic, and this was in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles and deprived some Ngāti Ruapani mai Waikaremoana of a direct link to their tūrangawaewae.
War service
(32)
The Crown acknowledges and pays tribute to the Ngāti Ruapani mai Waikaremoana contribution to New Zealand’s 20th century war efforts, including military service during both World Wars.
Te reo o Waikaremoana
(33)
The Crown acknowledges that it failed to actively protect te reo o Waikaremoana and promote its use among Ngāti Ruapani mai Waikaremoana. The Crown further acknowledges that this failure contributed to a decreased fluency in te reo o Waikaremoana among Ngāti Ruapani mai Waikaremoana and has made it harder to pass on the Waikaremoana mita to new generations. The Crown acknowledges that this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Socio-economic deprivation and migration
(34)
The Crown acknowledges that its policies have contributed to most individuals from Ngāti Ruapani living outside of their traditional lands, which has disconnected them from their tikanga, tūrangawaewae, and whānau.
(35)
The Crown acknowledges that those who remained on the whenua have endured socio-economic deprivation, including poorer health outcomes and inadequate education and housing, for far too long and have not had the same opportunities in life that many other New Zealanders have enjoyed.
Discrimination
(36)
The Crown acknowledges the appalling segregation and discrimination suffered by Māori students attending Kokako Native School during the 1920s and 1930s. The Crown also acknowledges that Ngāti Ruapani mai Waikaremoana have, at times, suffered from other forms of discrimination within their own lands—an affront to their mana and rights as tangata whenua. These acts of racial prejudice were inexcusable and caused lasting harm to generations of Ngāti Ruapani mai Waikaremoana.
Educational disadvantage
(37)
The Crown acknowledges that—
(a)
one of the key goals of the education system for many decades was to assimilate Ngāti Ruapani mai Waikaremoana children into European culture; and
(b)
Ngāti Ruapani mai Waikaremoana perspectives were not valued by the education system; and
(c)
Ngāti Ruapani mai Waikaremoana children suffered significant harm when they were physically punished and humiliated for speaking te reo Māori in Crown-established schools. This contributed to suppressing Ngāti Ruapani mai Waikaremoana identity, language, and culture; and
(d)
Ngāti Ruapani mai Waikaremoana children living on their traditional lands have experienced difficulties accessing secondary education and have often needed to travel outside the takiwā to attend secondary school. This has placed a burden on them and on their families who have supported them; and
(e)
the education system long had lower expectations for Māori students and the educational achievements of Ngāti Ruapani mai Waikaremoana children lagged far behind those of other New Zealanders; and
(f)
low educational achievements have been a factor that contributed to poor socio-economic outcomes for Ngāti Ruapani mai Waikaremoana over several generations.
Customary control, assimilation, and resilience
(38)
The Crown acknowledges that,—
(a)
in 1840, Ngāti Ruapani mai Waikaremoana retained full customary control over their lands and resources while engaging with te ao hou; and
(b)
during the 19th century and well into the 20th century, the Crown promoted laws and developed policies that were intended to facilitate the eventual assimilation of Māori into European culture; and
(c)
through its acts and omissions, the Crown contributed to the erosion of the rangatiratanga, tribal structures, and mātauranga (traditional knowledge) of Ngāti Ruapani mai Waikaremoana and their customary control over their lands and resources; and
(d)
despite this, Ngāti Ruapani mai Waikaremoana have remained resilient and retained their identity and mana to the present day.
10 Apology
The text of the apology offered by the Crown to Ngāti Ruapani mai Waikaremoana, as set out in the deed of settlement, is as follows:
Whakapāha
“(a)
E ngā uri o Ngāti Ruapani mai Waikaremoana, ngā tamariki mokopuna, ngā pākeke, kaumātua, koinei te tino whakapāha tino tōmuri a te Karauna. Ka nui te whakapā a te Karauna mō ngā takahitanga maha o Te Tiriti o Waitangi i roto i ngā whakatipuranga maha mō ngā mahi kino i puta i tēnei ki a koutou—nō mātau te hē.
(b)
Nā ngā mahi a te Karauna kāore i whai wā a Ngāti Ruapani ki te waitohu i te Tiriti, ā, i mua o te tau 1860 i te mau tonu i ō tīpuna te mana o ō rātau whenua me te kore whakapōrearea a te Karauna. Ko te mahi tuatahi a te Karauna i roto o Waikaremoana he kawe mai i te riri ki te rohe mai i te tau 1866 ki te 1872.
(c)
Ka nui te pōuri o te Karauna mō ana mahi kino, te whawhai me te whakahaukore i a koutou. I kōhuritia, i whara hoki i te Karauna koutou me te tūkino i ō mahinga kai me ō pā kāinga. Kāore i tahuri ki te tuitui i te whanaungatanga e ai ki te Tiriti, engari i tāmia kētia koutou e te Karauna “ānō he hoariri”
koutou me te raupatu i ō whenua. I runga ēnā mahi whakamamae nui ki a Ngāti Ruapani, e whakapāha ana te Karauna mō ēnā mahi kino.
(d)
E whakapāha hoki te Karauna mō te maha o ngā wā kīhai i kōrerorero tahi ki a koutou, kāore hoki i aro atu ki te hiahia o Ngāti Ruapani mā koutou anō koutou e whakahaere. I takahia e tēnei wairua te kaupapa ake o te Ture Rāhui Māori o te Takiwā o Te Urewera, kia mau ai te mana whakahaere ki roto o Te Urewera engari i whakahīhī te Karauna ki te takahuri i te Ture i runga i tōna anō hiahia. Mai anō he raweke te mahi e te Karauna i te moana o Waikaremoana ānō nei nōna ake, ā, kāore i aro atu ki ō hiahia i te whakatūtanga o te Pāka Rāhui o Te Urewera. I aukatia koe e te Karauna mai i te poari whakahaere. He maha ngā wā, i whakamahia e te Karauna ō whenua mō āna ake kaupapa ahakoa kāore ō whakaae ki tērā, nō reira ka whakapāha mō te takahi i tō rangatiratanga.
(e)
Ka nui te āwhiti o te Karauna mō ana mahi me ōna ngoikoretanga, i riro ai te nuinga o ngā whenua o Ngāti Ruapani. Kia riro mai ai ō whenua, he maha ngā mahi tinihanga a te Karauna ki te whakaiti i tō rangatiratanga, ā, ko te mutunga atu i mauroa te pāmamae nei ki a koe. I riro mai ngā Poraka e Whā o te Tonga i a mātau mā te werowero ka raupatuhia e te Karauna ki te kore e tukuna mai e koe tēnei whenua, me te aha me te whakatumatuma anō i a koe kia riro mai ai ō pānga i roto i te poraka o Waikaremoana. Ahakoa i riro te nuinga o ō whenua i ēnei mahi, i tangohia tonutia e te Karauna ō whenua rāhui iti noa mō ngā mahi papariki. Kei te mōhio te Karauna nā te kore whenua i noho rawakore ai koe, ā, i pā kino tēnei ki te ahurea o Ngāti Ruapani.
(f)
Mā tēnei whakataunga Tiriti, e rapu ana te Karauna i te ara e mauru ai te mamae me te whakatoihara i pā ki a koe me te whakatipu anō i te pono hei hoa Tiriti tōtika. Kei te mōhio te Karauna he tino mārama ake a Ngāti Ruapani ki ō koutou hiahia, whenua hoki. I a koe e whakapau kaha ana kia pai ake ai te anamata, e pūmau ana te tautoko a te Karauna i tō matakitenga mā tētahi whanaungatanga hou i raro i Te Tiriti o Waitangi me ōna mātāpono.”
Apology
“(a)
To Ngāti Ruapani mai Waikaremoana, ki ō tamariki, ō mokopuna, ki ō kaumātua, the Crown offers this long overdue apology. The Crown unreservedly apologises for its many breaches of te Tiriti o Waitangi/the Treaty of Waitangi over successive generations and for the harm that this has caused to your people—nō mātou te hē.
(b)
The Crown never gave Ngāti Ruapani the opportunity to sign te Tiriti/the Treaty and, before 1860, your tīpuna maintained control of their lands with little influence from the Crown. The Crown’s first direct actions in Waikaremoana were military assaults that brought war to the district between 1866 and 1872.
(c)
The Crown is profoundly sorry for its aggressive acts of war and for the scorched earth tactics it employed against you. The Crown killed and injured your people and destroyed your cultivations and villages. Instead of forming a partnership with you based on te Tiriti/the Treaty, the Crown oppressed you as “rebels”
and effectively confiscated your land. For these acts that caused so much injury to Ngāti Ruapani, the Crown wholeheartedly apologises.
(d)
The Crown apologises for the numerous times it did not consult you and ignored Ngāti Ruapani desire for control over your own affairs. It undermined the original intention of the Urewera District Native Reserve Act, which provided for tribal control of Te Urewera, and promoted unilateral changes to that Act. The Crown wrongfully treated Lake Waikaremoana as its own for many years, and it failed to respect your interests when it established Te Urewera National Park. The Crown excluded you from its governance. In many instances, the Crown used your land for its own purposes without your consent, and it apologises for failing to respect your rangatiratanga.
(e)
The Crown deeply regrets its acts and omissions, which have left Ngāti Ruapani virtually landless. To obtain your land, the Crown used many methods that overrode your rangatiratanga and caused unnecessary and long-lasting prejudice. It acquired the four southern blocks by threatening confiscation if you did not agree to give up this land, and it employed aggressive tactics to obtain your interests in the Waikaremoana block. Despite rendering Ngāti Ruapani virtually landless, the Crown still took further land for public works from the small reserves you had retained. The Crown recognises that losing control of your whenua has had a devastating impact on your economic well-being and ability to connect to your cultural identity as Ngāti Ruapani.
(f)
Through this Treaty settlement, the Crown seeks to atone for the hurt and prejudice it has caused you and to earn your trust as an honourable Treaty partner. The Crown recognises that Ngāti Ruapani understand the needs of your people and whenua better than anyone. As you work toward a better future, the Crown commits to be there to tautoko your vision through a new relationship based on te Tiriti o Waitangi/the Treaty of Waitangi and its principles.”
Interpretation provisions
11 Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
12 Interpretation
In this Act, unless the context otherwise requires,—
additional Te Urewera land has the meaning given in section 35
administering body has the meaning given in section 2(1) of the Reserves Act 1977
attachments means the attachments to the deed of settlement
commercial redress property has the meaning given in section 43
Crown has the meaning given in section 2(1) of the Public Finance Act 1989
cultural redress property has the meaning given in section 26
deed of settlement—
(a)
means the deed of settlement dated 25 February 2026 and signed by—
(i)
the Honourable Paul Jonathan Goldsmith, Minister for Treaty of Waitangi Negotiations, and the Honourable Nicola Valentine Willis, Minister of Finance, for and on behalf of the Crown; and
(ii)
Ihakara Puketapu-Dentice, Neuton Lambert, Nina (Nicky) Kirikiri, and Tumanako Malcom Waiwai for and on behalf of Ngāti Ruapani mai Waikaremoana; and
(iii)
Ihakara Puketapu-Dentice, Neuton Lambert, Nina (Nicky) Kirikiri, and Tumanako Malcom Waiwai, being the trustees of Ngāti Ruapani mai Waikaremoana Trust; and
(b)
includes—
(i)
the schedules of, and attachments to, the deed; and
(ii)
any amendments to the deed or its schedules and attachments
deferred selection property has the meaning given in section 43
Director-General means the Director-General of Conservation
documents schedule means the documents schedule of the deed of settlement
historical claims has the meaning given in section 14
interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property
LINZ means Land Information New Zealand
member of Ngāti Ruapani mai Waikaremoana means an individual referred to in section 13(1)(a)
Ngāti Ruapani mai Waikaremoana tikanga means customary values and practices of Ngāti Ruapani mai Waikaremoana
Ngāti Ruapani mai Waikaremoana Trust means the trust of that name established by a trust deed dated 25 February 2026
property redress schedule means the property redress schedule of the deed of settlement
record of title has the meaning given in section 5(1) of the Land Transfer Act 2017
Registrar-General has the meaning given to Registrar in section 5(1) of the Land Transfer Act 2017
representative entity means—
(a)
the trustees; and
(b)
any person, including any trustee, acting for or on behalf of—
(i)
the collective group referred to in section 13(1)(a); or
(ii)
1 or more members of Ngāti Ruapani mai Waikaremoana; or
(iii)
1 or more of the whānau, hapū, or groups referred to in section 13(1)(c)
reserve has the meaning given in section 2(1) of the Reserves Act 1977
RFR means the right of first refusal provided for by subpart 2 of Part 4
RFR land has the meaning given in section 51
settlement date means the date that is 40 working days after the date on which this Act comes into force
trustees of Ngāti Ruapani mai Waikaremoana Trust and trustees mean the trustees, acting in their capacity as trustees, of Ngāti Ruapani mai Waikaremoana Trust
working day means a day other than—
(a)
Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day:
(b)
if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday:
(c)
a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:
(d)
the days observed as the anniversaries of the provinces of Auckland, Hawke’s Bay, and Wellington.
13 Meaning of Ngāti Ruapani mai Waikaremoana
(1)
In this Act, Ngāti Ruapani mai Waikaremoana—
(a)
means the collective group composed of individuals who are descended from an ancestor of Ngāti Ruapani mai Waikaremoana; and
(b)
includes those individuals; and
(c)
includes any whānau, hapū, or group to the extent that it is composed of those individuals, including the following groups:
(i)
Ngāti Ruapani:
(ii)
Ngāti Hinekura:
(iii)
Whānau Pani:
(iv)
Ngāi Tarapāroa.
(2)
In this section and section 14,—
ancestor of Ngāti Ruapani mai Waikaremoana means an individual who—
(a)
exercised customary rights by virtue of being descended from—
(i)
Ruapani and 1 or more of the following:
(A)
Hinekura:
(B)
Pukehore:
(C)
Tūwai; or
(ii)
any recognised ancestor of a whānau, hapū, or group referred to in subsection (1)(c); and
(b)
exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840
area of interest means the area shown as the Ngāti Ruapani mai Waikaremoana area of interest in part 1 of the attachments
customary rights means rights exercised according to Ngāti Ruapani mai Waikaremoana tikanga, including—
(a)
rights to occupy land; and
(b)
rights in relation to the use of land or other natural or physical resources
descended means that a person is descended from another person by—
(a)
birth; or
(b)
legal adoption; or
(c)
customary adoption in accordance with Ngāti Ruapani mai Waikaremoana tikanga.
14 Meaning of historical claims
(1)
In this Act, historical claims—
(a)
means the claims described in subsection (2); and
(b)
includes the claims described in subsection (3); but
(c)
does not include the claims described in subsection (4).
(2)
The historical claims are every claim that Ngāti Ruapani mai Waikaremoana or a representative entity had on or before the settlement date, or may have after the settlement date, and that—
(a)
is founded on a right arising—
(i)
from te Tiriti o Waitangi/the Treaty of Waitangi or its principles; or
(ii)
under legislation; or
(iii)
at common law (including aboriginal title or customary law); or
(iv)
from a fiduciary duty; or
(v)
otherwise; and
(b)
arises from, or relates to, acts or omissions before 21 September 1992—
(i)
by or on behalf of the Crown; or
(ii)
by or under legislation.
(3)
The historical claims include—
(a)
a claim to the Waitangi Tribunal that relates exclusively to Ngāti Ruapani mai Waikaremoana or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:
(i)
Wai 144—Ruapani lands claim:
(ii)
Wai 945—Ngāti Ruapani ancestral lands, forests and waterways claim:
(iii)
Wai 1033—Te Heiotahoka 2B, Te Kopani 36 and 37 Trust claim:
(iv)
Wai 1342—Mātiria Ruawai-Taoho Wills Whānau Trust claim:
(v)
Wai 2245—Te Wiremu Waiwai and Ngāti Ruapani Lake Waikaremoana (Thoms and Waiwai) claim; and
(b)
every other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Ruapani mai Waikaremoana or a representative entity:
(i)
Wai 542—Te Kapuamātotoro lands claim:
(ii)
Wai 937—Noa Tiwai lakes, lands and other resources claim:
(iii)
Wai 1013—Pere Kaitiakitanga claim.
(4)
However, the historical claims do not include—
(a)
a claim that a member of Ngāti Ruapani mai Waikaremoana, or a whānau, hapū, or group referred to in section 13(1)(c), had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not an ancestor of Ngāti Ruapani mai Waikaremoana; or
(b)
a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).
(5)
A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.
Historical claims settled and jurisdiction of courts, etc, removed
15 Settlement of historical claims final
(1)
The historical claims are settled.
(2)
The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
(3)
Subsections (1) and (2) do not limit the deed of settlement.
(4)
Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of—
(a)
the historical claims; or
(b)
the deed of settlement; or
(c)
this Act; or
(d)
the redress provided under the deed of settlement or this Act.
(5)
Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act.
Amendment to Treaty of Waitangi Act 1975
16 Amendment to Treaty of Waitangi Act 1975
(1)
This section amends the Treaty of Waitangi Act 1975.
(2)
In Schedule 3, insert in its appropriate alphabetical order:
Ngāti Ruapani mai Waikaremoana Claims Settlement Act 2026, section 15(4) and (5)
Resumptive memorials no longer to apply
17 Certain enactments do not apply
(1)
The enactments listed in subsection (2) do not apply—
(a)
to land within the “Removal of Resumptive Memorials Area”
shown on SO 614164; or
(b)
for the benefit of Ngāti Ruapani mai Waikaremoana or a representative entity.
(2)
The enactments are—
(a)
Part 3 of the Crown Forest Assets Act 1989:
(b)
sections 568 to 570 of the Education and Training Act 2020:
(c)
Part 3 of the New Zealand Railways Corporation Restructuring Act 1990:
(d)
sections 27A to 27C of the State-Owned Enterprises Act 1986:
(e)
sections 8A to 8HJ of the Treaty of Waitangi Act 1975.
18 Resumptive memorials to be cancelled
(1)
The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the record of title for, each allotment that—
(a)
is solely within the “Removal of Resumptive Memorials Area”
shown on SO 614164; or
(b)
is subject to a resumptive memorial recorded under an enactment listed in section 17(2).
(2)
The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after the settlement date.
(3)
Each certificate must state that it is issued under this section.
(4)
As soon as is reasonably practicable after receiving a certificate, the Registrar-General must—
(a)
register the certificate against each record of title identified in the certificate; and
(b)
cancel each memorial recorded under an enactment listed in section 17(2) on a record of title identified in the certificate, but only in respect of each allotment described in the certificate.
Miscellaneous matters
19 Limit on duration of trusts does not apply
(1)
A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16 of the Trusts Act 2019,—
(a)
do not prescribe or restrict the period during which—
(i)
Ngāti Ruapani mai Waikaremoana Trust may exist in law; or
(ii)
the trustees may hold or deal with property or income derived from property; and
(b)
do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
(2)
However, if Ngāti Ruapani mai Waikaremoana Trust is or becomes a charitable trust, the trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019.
20 Treatment of Ngāti Ruapani mai Waikaremoana Trust under Te Ture Whenua Maori Act 1993
(1)
Ngāti Ruapani mai Waikaremoana Trust is not a trust constituted in respect of—
(a)
any Maori land for the purpose of section 236(1)(b) of Te Ture Whenua Maori Act 1993; or
(b)
any General land owned by Maori for the purpose of section 236(1)(c) of that Act.
(2)
In this section, Maori land and General land owned by Maori have the meanings given in section 4 of Te Ture Whenua Maori Act 1993.
21 Access to deed of settlement
The chief executive of the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau must make copies of the deed of settlement available—
(a)
for inspection free of charge, and for purchase at a reasonable price, at that Office in Wellington between 9 am and 5 pm on any working day; and
(b)
free of charge on an internet site maintained by or on behalf of that Office.
Part 2 Cultural redress
Subpart 1—Official geographic names
22 Interpretation
In this subpart,—
Act means the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
Board has the meaning given in section 4 of the Act
official geographic name has the meaning given in section 4 of the Act.
23 Official geographic names
(1)
A name specified in the second column of the table in clause 5.3 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.
(2)
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.
24 Publication of official geographic names
(1)
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 23.
(2)
The notice must state that each official geographic name became an official geographic name on the settlement date.
25 Subsequent alteration of official geographic names
(1)
In making a determination to alter the official geographic name of a feature named under this subpart, the Board—
(a)
need not comply with section 16, 17, 18, 19(1), or 20 of the Act; but
(b)
must have the written consent of the trustees.
(2)
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.
Subpart 2—Vesting of cultural redress properties
26 Interpretation
In this subpart, cultural redress property means each of the following properties, and each property means the land of that name described in Schedule 1:
(a)
Kaitawa property:
(b)
Turi-o Kahu property.
Properties vested in fee simple
27 Kaitawa property
(1)
The Kaitawa property (which is part of a conservation area) ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Kaitawa property vests in the trustees.
28 Turi-o Kahu property
(1)
Any part of the Turi-o Kahu property that is part of a conservation area ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Turi-o Kahu property vests in the trustees.
General provisions applying to vesting of cultural redress properties
29 Properties vest subject to or together with interests
Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 1.
30 Interests that are not interests in land
(1)
This section applies if a cultural redress property is subject to an interest (other than an interest in land) for which there is a grantor, whether or not the interest also applies to land outside the cultural redress property.
(2)
The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property.
(3)
The interest applies—
(a)
until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and
(b)
with any other necessary modifications; and
(c)
despite any change in status of the land in the property.
31 Registration of ownership
(1)
This section applies to both of the cultural redress properties vested in the trustees under this subpart.
(2)
The Registrar-General must, in accordance with a written application by an authorised person,—
(a)
create 1 record of title for the fee simple estate in both of the properties in the names of the trustees; and
(b)
record on the record of title any interests that are registered, noted, or to be noted and that are described in the application.
(3)
Subsection (2) is subject to the completion of any survey necessary to create the record of title.
(4)
The record of title must be created under this section as soon as is reasonably practicable after the settlement date, but not later than—
(a)
24 months after the settlement date; or
(b)
any later date that is agreed in writing by the Crown and the trustees.
(5)
In this section, authorised person means a person authorised by the chief executive of the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau.
32 Application of Part 4A of Conservation Act 1987
The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.
33 Matters to be recorded on record of title
(1)
The Registrar-General must record on the record of title for the cultural redress properties that the land is subject to Part 4A of the Conservation Act 1987.
(2)
A notation made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.
34 Application of other enactments
(1)
The vesting of the fee simple estate in a cultural redress property under this subpart does not—
(a)
limit section 10 or 11 of the Crown Minerals Act 1991; or
(b)
affect other rights to subsurface minerals.
(2)
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 to fulfil the terms of the deed of settlement in relation to a cultural redress property.
(3)
Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—
(a)
the vesting of the fee simple estate in a cultural redress property under this subpart; or
(b)
any matter incidental to, or required for the purpose of, the vesting.
Part 3 Addition of land to Te Urewera
35 Interpretation
In this Part, unless the context otherwise requires,—
additional Te Urewera land means the land described in Schedule 2
existing interest means any interest relating to the additional Te Urewera land (including the registered interests listed for the land in the third column of the table in Schedule 2) in existence immediately before the vesting of that land under section 36
Te Urewera means the legal entity created by section 11 of the Te Urewera Act 2014 or, as the context requires, the place encompassing Te Urewera land
Te Urewera Board means the Board established by section 16 of the Te Urewera Act 2014
Te Urewera land means the land held from time to time in the name of Te Urewera and subject to the Te Urewera Act 2014.
Additional Te Urewera land vested in Te Urewera
36 Vesting of fee simple estate in additional Te Urewera land
(1)
The additional Te Urewera land ceases to be vested in the Crown.
(2)
Any part of the additional Te Urewera land that is—
(a)
a conservation area under the Conservation Act 1987 ceases to be a conservation area:
(b)
Crown land under the Land Act 1948 ceases to be Crown land:
(c)
land held for public work under the Public Works Act 1981 ceases to be held under that Act:
(d)
a reserve under the Reserves Act 1977 has its reserve status revoked.
(3)
The fee simple estate in the additional Te Urewera land—
(a)
vests in Te Urewera; and
(b)
is held under, and in accordance with, this Act and the Te Urewera Act 2014.
Compare: 2014 No 51 s 12
Other matters relating to vesting of additional Te Urewera land
37 Minister of Conservation to grant easement
(1)
Before the settlement date, the Minister of Conservation must grant a registrable easement in gross, in favour of Genesis Energy Limited, for the following rights on the terms and conditions set out in part 1.1 of the documents schedule:
(a)
a right of way:
(b)
a right to convey and store water:
(c)
a right to convey telecommunications:
(d)
a right to convey electricity.
(2)
The easement—
(a)
takes effect immediately before the settlement date; and
(b)
is enforceable in accordance with its terms, despite Part 3B of the Conservation Act 1987; and
(c)
is to be treated as having been granted in accordance with Part 3B of that Act.
(3)
This section takes effect on the day on which this Act comes into force.
38 Existing interests to continue
(1)
The existing interests continue to apply, with any necessary modification, on and from the vesting of the additional Te Urewera land under section 36 until they expire or are terminated.
(2)
For the purposes of the existing interests, on and from that vesting,—
(a)
in any case where the interest has been granted by or to the Crown, the Crown is to be treated as having been replaced by Te Urewera Board as the grantor or grantee; and
(b)
if the context requires, references to other enactments are to be read as references to this Act or the Te Urewera Act 2014; and
(c)
references to Te Urewera National Park are to be read as references to Te Urewera.
Compare: 2014 No 51 s 92
39 Application of other enactments
(1)
Nothing in Part 4A of the Conservation Act 1987 or the Public Works Act 1981 applies to the vesting of the fee simple estate in the additional Te Urewera land.
(2)
Nothing in Te Ture Whenua Maori Act 1993 applies to the additional Te Urewera land.
(3)
Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this subpart, of the reserve status of any part of the additional Te Urewera land.
(4)
Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—
(a)
the vesting of the fee simple estate in the additional Te Urewera land; or
(b)
any matter incidental to, or required for the purpose of, the vesting.
(5)
The vesting of the fee simple estate in the additional Te Urewera land does not—
(a)
limit section 10 or 11 of the Crown Minerals Act 1991; or
(b)
affect other rights to subsurface minerals in the additional Te Urewera land.
(6)
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 to fulfil the terms of the deed of settlement in relation to the additional Te Urewera land.
Compare: 2014 No 51 s 93
40 Official geographic names discontinued
(1)
If any part of the additional Te Urewera land was a Crown protected area immediately before its vesting under section 36, the official geographic name of that land is discontinued on and from that vesting.
(2)
The New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa must amend the Gazetteer to record that the relevant official geographic names have been discontinued by this section.
(3)
In this section, Crown protected area, Gazetteer, and official geographic name have the meanings given in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.
Compare: 2014 No 51 s 94
41 Ownership of improvements
(1)
The improvements that, immediately before the vesting of the additional Te Urewera land, are attached to that land and vested in the Crown—
(a)
remain vested in the Crown; and
(b)
on and from that vesting, may be used, occupied, accessed, maintained, removed, or demolished by the Chief Executive of Tūhoe Te Uru Taumatua or the Director-General in a manner that is consistent with—
(i)
the management plan for Te Urewera prepared and approved under subpart 2 of Part 2 of the Te Urewera Act 2014; and
(ii)
the annual operational plan for Te Urewera.
(2)
Subsection (1)(b) applies only to the extent that the use, occupation, access, maintenance, removal, or demolition of the improvements is not inconsistent with—
(a)
the terms of an existing interest; or
(b)
any existing grant by the Crown to a third party for the use of the improvements.
(3)
Other improvements attached to the additional Te Urewera land that are not governed by an existing interest are, on and from the vesting of that land under section 36, vested in—
(a)
the person or body that attached the improvement to the land; or
(b)
if that person or body no longer exists or no longer has an interest in the improvement, the person or body that would have had ownership rights to the improvement immediately before the vesting, as if the improvement were personal property.
Compare: 2014 No 51 s 95
Registration of additional Te Urewera land
42 Registration of land added to Te Urewera
(1)
After the vesting of the additional Te Urewera land under section 36, an authorised person must promptly apply in writing to the Registrar-General to create a new record of title, in the name of Te Urewera, for the fee simple estate in Te Urewera land.
(2)
The Registrar-General must, in accordance with that application,—
(a)
register the vesting under section 36 against any existing records of title for that land and cancel those records as to that land; and
(b)
cancel the existing record of title that is in the name of Te Urewera for the fee simple estate in Te Urewera land; and
(c)
create 1 record of title, in the name of Te Urewera, for the fee simple estate in Te Urewera land, which is—
(i)
the additional Te Urewera land; and
(ii)
the land in the record of title that is in the name of Te Urewera for the fee simple estate in Te Urewera land immediately before that record of title is cancelled under paragraph (b); and
(d)
record on the new record of title—
(i)
any interests that are registered, noted, or to be noted and are described in the application; and
(ii)
a notation that the land is subject to the Te Urewera Act 2014 and that the land vested under section 36 of this Act is also subject to this Act; and
(iii)
for the purposes of section 91 of the Te Urewera Act 2014, a notation that the record of title for the fee simple estate is limited as to parcels.
(3)
Subsection (2)—
(a)
applies despite—
(i)
the Land Transfer Act 2017 or any other enactment or rule of law; and
(ii)
the fact that Te Urewera land is situated in 2 land registration districts; and
(b)
is subject to the completion of any survey necessary to create the new record of title for the fee simple estate.
(4)
Section 108(4) and (5) of the Te Urewera Act 2014 applies in relation to the land that is registered under this section in the same way as it applies in relation to the land that is registered under section 108 of that Act.
(5)
In this section, authorised person means a person authorised by the chief executive of the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau.
Compare: 2014 No 51 s 108
Part 4 Commercial redress
Subpart 1—Transfer of commercial redress properties and deferred selection properties
43 Interpretation
In this subpart,—
commercial redress property—
(a)
means a property described in part 3 of the property redress schedule; but
(b)
does not include a property to which clause 6.10 of the deed of settlement applies
deferred selection property means the property described in part 4 of the property redress schedule for which the requirements for transfer under the deed of settlement have been satisfied
land holding agency means the land holding agency specified,—
(a)
for a commercial redress property, in part 3 of the property redress schedule; or
(b)
for the deferred selection property, in part 4 of the property redress schedule.
44 The Crown may transfer properties
To give effect to part 6 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised—
(a)
to transfer the fee simple estate in a commercial redress property or the deferred selection property to the trustees; and
(b)
to sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
45 Records of title for commercial redress properties and deferred selection properties
(1)
This section applies to each of the following properties that is to be transferred under section 44 to the trustees:
(a)
a commercial redress property:
(b)
the deferred selection property.
(2)
However, this section applies only to the extent that—
(a)
the property is not all of the land contained in a record of title for a fee simple estate; or
(b)
there is no record of title for the fee simple estate in all or part of the property.
(3)
The Registrar-General must, in accordance with a written application by an authorised person,—
(a)
create a record of title for the fee simple estate in the property in the name of the Crown; and
(b)
record on the record of title any interests that are registered, noted, or to be noted and that are described in the application; but
(c)
omit any statement of purpose from the record of title.
(4)
Subsection (3) is subject to the completion of any survey necessary to create a record of title.
(5)
In this section and section 46, authorised person means a person authorised by the chief executive of the land holding agency for the relevant property.
46 Authorised person may grant covenant for later creation of record of title
(1)
For the purposes of section 45, the authorised person may grant a covenant for the later creation of a record of title for a fee simple estate in any commercial redress property or deferred selection property.
(2)
Despite the Land Transfer Act 2017,—
(a)
the authorised person may request the Registrar-General to register the covenant under that Act by creating a record of title that records an interest; and
(b)
the Registrar-General must comply with the request.
47 Application of other enactments
(1)
This section applies to the transfer to the trustees of the fee simple estate in a commercial redress property or deferred selection property.
(2)
The transfer is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.
(3)
The transfer does not—
(a)
limit section 10 or 11 of the Crown Minerals Act 1991; or
(b)
affect other rights to subsurface minerals.
(4)
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 to fulfil the terms of the deed of settlement in relation to the transfer.
(5)
Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the transfer or to any matter incidental to, or required for the purpose of, the transfer.
(6)
In exercising the powers conferred by section 44, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer.
(7)
Subsection (6) is subject to subsections (2) and (3).
48 Transfer of properties subject to lease
(1)
This section applies to a commercial redress property—
(a)
for which the land holding agency is the Ministry of Education; and
(b)
the ownership of which is to be transferred to the trustees; and
(c)
that, after the transfer, is to be subject to a lease back to the Crown.
(2)
Section 24 of the Conservation Act 1987 does not apply to the transfer of the property.
(3)
The transfer instrument for the transfer of the property must include a statement that the land is to become subject to section 49 upon the registration of the transfer.
(4)
The Registrar-General must, upon the registration of the transfer of the property, record on any record of title for the property that—
(a)
the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and
(b)
the land is subject to section 49.
(5)
A notation made under subsection (4) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.
49 Requirements if lease terminates or expires
(1)
This section applies if the lease referred to in section 48(1)(c) (or a renewal of that lease) terminates, or expires without being renewed, in relation to all or part of the property that is transferred subject to the lease.
(2)
The transfer of the property is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 in relation to all or that part of the property.
(3)
The registered owners of the property must apply in writing to the Registrar-General,—
(a)
if no part of the property remains subject to such a lease, to remove from the record of title for the property the notations that—
(i)
section 24 of the Conservation Act 1987 does not apply to the property; and
(ii)
the property is subject to this section; or
(b)
if only part of the property remains subject to such a lease (the leased part), to amend the notations on the record of title for the property to record that, in relation to the leased part only,—
(i)
section 24 of the Conservation Act 1987 does not apply to that part; and
(ii)
that part is subject to this section.
(4)
The Registrar-General must comply with an application received in accordance with subsection (3) free of charge to the applicant.
Subpart 2—Right of first refusal over RFR land
Interpretation
50 Interpretation
In this subpart and Schedule 3,—
control, for the purposes of paragraph (d) of the definition of Crown body, means,—
(a)
for a company, control of the composition of its board of directors; and
(b)
for another body, control of the composition of the group that would be its board of directors if the body were a company
Crown body means—
(a)
a Crown entity, as defined in section 7(1) of the Crown Entities Act 2004; and
(b)
a State enterprise, as defined in section 2 of the State-Owned Enterprises Act 1986; and
(c)
the New Zealand Railways Corporation; and
(d)
a company or body that is wholly owned or controlled by 1 or more of the following:
(i)
the Crown:
(ii)
a Crown entity:
(iii)
a State enterprise:
(iv)
the New Zealand Railways Corporation; and
(e)
a subsidiary or related company of a company or body referred to in paragraph (d)
dispose of, in relation to RFR land,—
(a)
means—
(i)
to transfer or vest the fee simple estate in the land; or
(ii)
to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but
(b)
to avoid doubt, does not include—
(i)
to mortgage, or give a security interest in, the land; or
(ii)
to grant an easement over the land; or
(iii)
to consent to an assignment of a lease, or to a sublease, of the land; or
(iv)
to remove an improvement, a fixture, or a fitting from the land
expiry date, in relation to an offer, means its expiry date under sections 53(2)(a) and 54
notice means a notice given under this subpart
offer means an offer by an RFR landowner, made in accordance with section 53, to dispose of RFR land to the trustees
public work has the meaning given in section 2 of the Public Works Act 1981
related company has the meaning given in section 2(3) of the Companies Act 1993
RFR landowner, in relation to RFR land,—
(a)
means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
(b)
means a Crown body, if the body holds the fee simple estate in the land; and
(c)
includes a local authority to which RFR land has been disposed of under section 59(1); but
(d)
to avoid doubt, does not include an administering body in which RFR land is vested after the settlement date, under section 60(1)
RFR period means the period of 185 years on and from the settlement date
subsidiary has the meaning given in section 5 of the Companies Act 1993.
51 Meaning of RFR land
(1)
In this subpart, RFR land means—
(a)
the land described in part 3 of the attachments that, on the settlement date,—
(i)
is vested in the Crown; or
(ii)
is held in fee simple by the Crown; and
(b)
any land excluded from the definition of commercial redress property in section 43 by paragraph (b) of that definition and that, on the settlement date, is—
(i)
vested in the Crown; or
(ii)
held in fee simple by the Crown; and
(c)
any land obtained in exchange for a disposal of RFR land under section 64(1)(c) or 65.
(2)
Land ceases to be RFR land if—
(a)
the fee simple estate in the land transfers from the RFR landowner to—
(i)
the trustees or their nominee (for example, under section 44 in the case of the deferred selection property or under a contract formed under section 57); or
(ii)
any other person (including the Crown or a Crown body) under section 52(d); or
(b)
the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body—
(i)
under any of sections 61 to 67 (which relate to permitted disposals of RFR land); or
(ii)
under any matter referred to in section 68(1) (which specifies matters that may override the obligations of an RFR landowner under this subpart); or
(c)
the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 76; or
(d)
the RFR period for the land ends.
Restrictions on disposal of RFR land
52 Restrictions on disposal of RFR land
An RFR landowner must not dispose of RFR land to a person other than the trustees or their nominee unless the land is disposed of—
(a)
under any of sections 58 to 67; or
(b)
under any matter referred to in section 68(1); or
(c)
in accordance with a waiver or variation given under section 76; or
(d)
within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees if the offer to the trustees was—
(i)
made in accordance with section 53; and
(ii)
made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and
(iii)
not withdrawn under section 55; and
(iv)
not accepted under section 56.
Trustees’ right of first refusal
53 Requirements for offer
(1)
An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees.
(2)
The notice must include—
(a)
the terms of the offer, including its expiry date; and
(b)
the legal description of the land, including any interests affecting it, and the reference for any record of title for the land; and
(c)
a street address for the land (if applicable); and
(d)
a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer.
54 Expiry date of offer
(1)
The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees receive notice of the offer.
(2)
However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees receive notice of the offer if—
(a)
the trustees received an earlier offer to dispose of the land; and
(b)
the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and
(c)
the earlier offer was not withdrawn.
55 Withdrawal of offer
The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted.
56 Acceptance of offer
(1)
The trustees may, by notice to the RFR landowner who made an offer, accept the offer if—
(a)
it has not been withdrawn; and
(b)
its expiry date has not passed.
(2)
The trustees must accept all the RFR land offered, unless the offer permits them to accept less.
57 Formation of contract
(1)
If the trustees accept an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and the trustees on the terms in the offer.
(2)
The terms of the contract may be varied by written agreement between the RFR landowner and the trustees.
(3)
Under the contract, the trustees may nominate any person (the nominee) to receive the transfer of the RFR land.
(4)
The trustees may nominate a nominee only if—
(a)
the nominee is lawfully able to hold the RFR land; and
(b)
notice is given to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
(5)
The notice must specify—
(a)
the full name of the nominee; and
(b)
any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.
(6)
If the trustees nominate a nominee, the trustees remain liable for the obligations of the transferee under the contract.
Disposals to others where land remains RFR land
58 Disposal to the Crown or Crown bodies
(1)
An RFR landowner may dispose of RFR land to—
(a)
the Crown; or
(b)
a Crown body.
(2)
To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 of the Education and Training Act 2020.
59 Disposal of existing public works to local authorities
(1)
An RFR landowner may dispose of RFR land that is a public work or part of a public work, in accordance with section 50 of the Public Works Act 1981, to a local authority, as defined in section 2 of that Act.
(2)
To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—
(a)
the RFR landowner of the land; and
(b)
subject to the obligations of an RFR landowner under this subpart.
60 Disposal of reserves to administering bodies
(1)
An RFR landowner may dispose of RFR land in accordance with section 26 or 26A of the Reserves Act 1977.
(2)
To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—
(a)
the RFR landowner of the land; or
(b)
subject to the obligations of an RFR landowner under this subpart.
(3)
However, if RFR land vests back in the Crown under section 25 or 27 of the Reserves Act 1977, the Crown becomes—
(a)
the RFR landowner of the land; and
(b)
subject to the obligations of an RFR landowner under this subpart.
Disposals to others where land may cease to be RFR land
61 Disposal in accordance with obligations under enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
62 Disposal in accordance with legal or equitable obligations
An RFR landowner may dispose of RFR land in accordance with—
(a)
a legal or an equitable obligation that—
(i)
was unconditional before the settlement date; or
(ii)
was conditional before the settlement date but became unconditional on or after the settlement date; or
(iii)
arose after the exercise (whether before, on, or after the settlement date) of an option existing before the settlement date; or
(b)
the requirements, existing before the settlement date, of a gift, an endowment, or a trust relating to the land.
63 Disposal under certain legislation
An RFR landowner may dispose of RFR land in accordance with—
(a)
section 54(1)(d) of the Land Act 1948; or
(b)
section 34, 43, or 44 of the Marine and Coastal Area (Takutai Moana) Act 2011; or
(c)
section 355(3) of the Resource Management Act 1991; or
(d)
an Act that—
(i)
excludes the land from a national park within the meaning of the National Parks Act 1980; and
(ii)
authorises that land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987, the National Parks Act 1980, or the Reserves Act 1977.
64 Disposal of land held for public works
(1)
An RFR landowner may dispose of RFR land in accordance with—
(a)
section 40(2) or (4) or 41 of the Public Works Act 1981 (including as applied by another enactment); or
(b)
section 52, 105(1), 106, 114(3), 117(7), or 119 of the Public Works Act 1981; or
(c)
section 117(3)(a) of the Public Works Act 1981; or
(d)
section 117(3)(b) of the Public Works Act 1981 if the land is disposed of to the owner of adjoining land; or
(e)
section 23(1) or (4), 24(4), or 26 of the New Zealand Railways Corporation Restructuring Act 1990.
(2)
To avoid doubt, RFR land may be disposed of by an order of the Māori Land Court under section 134 of Te Ture Whenua Maori Act 1993, after an application by an RFR landowner under section 41(1)(e) of the Public Works Act 1981.
65 Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
(a)
section 15 of the Reserves Act 1977; or
(b)
section 16A or 24E of the Conservation Act 1987.
66 Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
67 Disposal to tenants
The Crown may dispose of RFR land,—
(a)
if the land was held on the settlement date for education purposes, to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or
(b)
under section 67 of the Land Act 1948, if the disposal of the land is to a lessee under a lease of the land granted—
(i)
before the settlement date; or
(ii)
on or after the settlement date under a right of renewal in a lease granted before the settlement date; or
(c)
under section 93(4) of the Land Act 1948.
RFR landowner obligations
68 RFR landowner’s obligations subject to other matters
(1)
An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
(a)
any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
(b)
any interest or legal or equitable obligation—
(i)
that prevents or limits an RFR landowner’s disposal of RFR land to the trustees; and
(ii)
that the RFR landowner cannot satisfy by taking reasonable steps; and
(c)
the terms of a mortgage over, or security interest in, RFR land.
(2)
Reasonable steps, for the purposes of subsection (1)(b)(ii), does not include steps to promote the passing of an enactment.
Notices about RFR land
69 Notice to LINZ of RFR land with record of title after settlement date
(1)
If a record of title is first created for RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the record of title has been created.
(2)
If land for which there is a record of title becomes RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.
(3)
The notice must be given as soon as is reasonably practicable after a record of title is first created for the RFR land or after the land becomes RFR land.
(4)
The notice must include the legal description of the land and the reference for the record of title.
70 Notice to trustees of disposal of RFR land to others
(1)
An RFR landowner must give the trustees notice of the disposal of RFR land by the landowner to a person other than the trustees or their nominee.
(2)
The notice must be given on or before the date that is 20 working days before the day of the disposal.
(3)
The notice must include—
(a)
the legal description of the land, including any interests affecting it; and
(b)
the reference for any record of title for the land; and
(c)
the street address for the land (if applicable); and
(d)
the name of the person to whom the land is being disposed of; and
(e)
an explanation of how the disposal complies with section 52; and
(f)
if the disposal is to be made under section 52(d), a copy of any written contract for the disposal.
71 Notice to LINZ of land ceasing to be RFR land
(1)
This section applies if land contained in a record of title is to cease being RFR land because—
(a)
the fee simple estate in the land is to transfer from the RFR landowner to—
(i)
the trustees or their nominee (for example, under section 44 in the case of the deferred selection property, or under a contract formed under section 57); or
(ii)
any other person (including the Crown or a Crown body) under section 52(d); or
(b)
the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body—
(i)
under any of sections 61 to 67; or
(ii)
under any matter referred to in section 68(1); or
(c)
the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 76.
(2)
The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.
(3)
The notice must include—
(a)
the legal description of the land; and
(b)
the reference for the record of title for the land; and
(c)
the details of the transfer or vesting of the land.
72 Notice requirements
Schedule 3 applies to notices given under this subpart by or to—
(a)
an RFR landowner; or
(b)
the trustees.
Right of first refusal recorded on records of title
73 Right of first refusal to be recorded on records of title for RFR land
(1)
The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the records of title for,—
(a)
the RFR land for which there is a record of title on the settlement date; and
(b)
the RFR land for which a record of title is first created after the settlement date; and
(c)
land for which there is a record of title that becomes RFR land after the settlement date.
(2)
The chief executive must issue a certificate as soon as is reasonably practicable—
(a)
after the settlement date, for RFR land for which there is a record of title on the settlement date; or
(b)
after receiving a notice under section 69 that a record of title has been created for the RFR land or that the land has become RFR land, for any other land.
(3)
Each certificate must state that it is issued under this section.
(4)
The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
(5)
The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each record of title for the RFR land identified in the certificate that the land is—
(a)
RFR land, as defined in section 51; and
(b)
subject to this subpart (which restricts disposal, including leasing, of the land).
74 Removal of notations when land to be transferred or vested
(1)
The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 71(2), issue to the Registrar-General a certificate that includes—
(a)
the legal description of the land; and
(b)
the reference for the record of title for the land; and
(c)
the details of the transfer or vesting of the land; and
(d)
a statement that the certificate is issued under this section.
(2)
The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
(3)
If the Registrar-General receives a certificate issued under this section, the Registrar-General must, immediately before registering the transfer or vesting described in the certificate, remove from the record of title identified in the certificate any notation recorded under section 73 for the land described in the certificate.
75 Removal of notations when RFR period ends
(1)
The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes—
(a)
the reference for each record of title for that RFR land that still has a notation recorded under section 73; and
(b)
a statement that the certificate is issued under this section.
(2)
The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
(3)
The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notation recorded under section 73 from any record of title identified in the certificate.
General provisions applying to right of first refusal
76 Waiver and variation
(1)
The trustees may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart.
(2)
The trustees and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
(3)
A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
77 Disposal of Crown bodies not affected
This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.
78 Assignment of rights and obligations under this subpart
(1)
Subsection (3) applies if the RFR holder—
(a)
assigns the RFR holder’s rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder’s constitutional document; and
(b)
has given the notices required by subsection (2).
(2)
The RFR holder must give notices to each RFR landowner that—
(a)
state that the RFR holder’s rights and obligations under this subpart are being assigned under this section; and
(b)
specify the date of the assignment; and
(c)
specify the names of the assignees and, if they are the trustees of a trust, the name of the trust; and
(d)
specify the street address, postal address, and fax number or electronic address for notices to the assignees.
(3)
This subpart and Schedule 3 apply to the assignees (instead of to the RFR holder) as if the assignees were the trustees, with any necessary modifications.
(4)
In this section,—
constitutional document means the trust deed or other instrument adopted for the governance of the RFR holder
RFR holder means the 1 or more persons who have the rights and obligations of the trustees under this subpart, because—
(a)
they are the trustees; or
(b)
they have previously been assigned those rights and obligations under this section.
Schedule 1 Cultural redress properties
ss 26, 29
Properties vested in fee simple
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Kaitawa property |
Gisborne Land District—Wairoa District 3.9 hectares, approximately, being Part Section 6 Block III Waiau Survey District. Subject to survey. As shown on TTW-144-02. |
|||
| Turi-o Kahu property |
Gisborne Land District—Wairoa District 35.67 hectares, approximately, being Parts Section 8 Block III Waiau Survey District. 46.3900 hectares, more or less, being Section 1 SO 8451. 4.72 hectares, approximately, being Part Section 9 Block III Waiau Survey District. All subject to survey. As shown on TTW-144-02. |
Schedule 2 Additional Te Urewera land
s 35
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Additional Te Urewera land |
Mangaone Conservation Area Gisborne Land District—Wairoa District 3848.9650 hectares, more or less, being Sections 5 and 6 SO 8541. |
|||
|
Onepoto—Conservation Area Gisborne Land District—Wairoa District 91.5 hectares, approximately, being Part Section 5 Block I Waiau Survey District. 0.1011 hectares, more or less, being Section 6 Block I Waiau Survey District. |
Subject to the easement in gross for a right of way as referred to in section 37(1)(a). Subject to an unregistered easement in gross for a right of way, a right to convey electricity, and a right to convey telecommunications in favour of Vital Limited, with concession number 107159-TEL (dated 4 April 2024). |
|||
|
Onepoto Conservation Area (Secondary Use Area) Gisborne Land District—Wairoa District 7.7943 hectares, more or less, being Section 7 Block I Waiau Survey District and Sections 18 and 19 SO 8881. Balance record of title GS5B/673. |
Subject to an easement in gross for a right to convey telecommunications and a right to convey water created by easement instrument 6548161.16. |
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Panekirikiri Conservation Area Gisborne Land District—Wairoa District 55.8300 hectares, more or less, being Section 4 SO 8541 Waiau Survey District. 1907.8190 hectares, more or less, being Small Grazing Run 108 SO 2408. 794.6000 hectares, more or less, being Lot 1 DP 7751 Waiau Survey District. All record of title GS5B/1298 for the fee simple estate. |
Subject to the right of way easement created by transfer 181591.5 (affects Lot 1 DP 7751). |
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Part Onepoto Conservation Area Gisborne Land District—Wairoa District 149.8 hectares, approximately, being Part Section 8 Block III Waiau Survey District. 1.0 hectare, approximately, being Part Section 6 Block III Waiau Survey District. |
Subject to the easement in gross for a right to convey telecommunications as referred to in section 37(1)(c). |
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Part Tuai Conservation Area Gisborne Land District—Wairoa District 19.3250 hectares, more or less, being Section 12 SO 8881. Part record of title 103079 for a Gazette notice. |
Subject to the easement in gross for a right of way as referred to in section 37(1)(a). Subject to the easement in gross for a right to convey and store water as referred to in section 37(1)(b). Subject to the easement in gross for a right to convey telecommunications as referred to in section 37(1)(c). Subject to the easement in gross for a right to convey electricity as referred to in section 37(1)(d). |
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Ruakituri Scenic Reserve Gisborne Land District—Wairoa District 248.0723 hectares, more or less, being Section 3 Block VII Tuahu Survey District. Part Gazette 1930, p 3579. |
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Tutaemaro Conservation Area Gisborne Land District—Wairoa District 627.8000 hectares, more or less, being Section 15 SO 8552. |
Subject to a registered Deed of Easement held in GSPR5C/522. |
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Waihi South Conservation Area Gisborne Land District—Wairoa District 365.7200 hectares, more or less, being Sections 17 and 18 SO 8528. |
Subject to a registered Deed of Easement held in GSPR5C/521. |
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Waikareiti Conservation Area Gisborne Land District—Wairoa District 190.8092 hectares, more or less, being Section 2 Block II Tuahu Survey District. 990.0 hectares, approximately, being Part Tahora 2F1. 110.0000 hectares, more or less, being Section 4 Urewera District. 2660.0 hectares, approximately, being Part Waipaoa 5. 9.7 hectares, approximately, being Part Waipaoa 4. 5.0 hectares, approximately, being Part Waipaoa 4. |
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Waikaretaheke River Marginal Strip Gisborne Land District—Wairoa District 0.5 hectares, approximately, being Crown Land (under action) SO 5456. 0.5 hectares, approximately, being Crown Land (under action) SO 4282. 3.3133 hectares, more or less, being Section 1 SO 5216. |
Subject to a deed of easement held in GSPR5C/1113. Subject to the easement in gross for a right to convey and store water as referred to in section 37(1)(b). Subject to the easement in gross for a right to convey telecommunications as referred to in section 37(1)(c). Subject to the easement in gross for a right to convey electricity as referred to in section 37(1)(d). |
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Other land Gisborne Land District—Wairoa District 46.3300 hectares, more or less, being Sections 4, 5, 6, 7, 8, and 10 SO 8881. Part record of title GS5D/588 for the fee simple estate. 32.8 hectares, approximately, being Part Section 9 SO 8881. Part record of title GS5D/588 for the fee simple estate. |
Subject to an easement in gross for a right to convey telecommunications and water created by easement instrument 6548161.17. Subject to an easement in gross for a right to convey telecommunications created by easement instrument 6548161.18. |
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All land described in this column is subject to survey. As shown on TTW-144-03. |
Schedule 3 Notices in relation to RFR land
ss 50, 72, 78(3)
1 Requirements for giving notice
A notice by or to an RFR landowner or the trustees under subpart 2 of Part 4 must be—
(a)
in writing and signed by—
(i)
the person giving it; or
(ii)
at least 2 of the trustees, for a notice given by the trustees; and
(b)
addressed to the recipient at the street address, postal address, fax number, or electronic address,—
(i)
for a notice to the trustees, specified for the trustees in accordance with the deed of settlement, or in a later notice given by the trustees to the RFR landowner, or identified by the RFR landowner as the current address, fax number, or electronic address of the trustees; or
(ii)
for a notice to an RFR landowner, specified by the RFR landowner in an offer made under section 53, or in a later notice given to the trustees, or identified by the trustees as the current address, fax number, or electronic address of the RFR landowner; and
(c)
for a notice given under section 69 or 71, addressed to the chief executive of LINZ at the Wellington office of LINZ; and
(d)
given by—
(i)
delivering it by hand to the recipient’s street address; or
(ii)
posting it to the recipient’s postal address; or
(iii)
faxing it to the recipient’s fax number; or
(iv)
sending it by electronic means such as email.
2 Use of electronic transmission
Despite clause 1, a notice given in accordance with clause 1(a) may be given by electronic means as long as the notice is given with an electronic signature that satisfies section 226(1)(a) and (b) of the Contract and Commercial Law Act 2017.
3 Time when notice received
(1)
A notice is to be treated as having been received—
(a)
at the time of delivery, if delivered by hand; or
(b)
on the sixth day after posting, if posted; or
(c)
at the time of transmission, if faxed or sent by other electronic means.
(2)
However, a notice is to be treated as having been received on the next working day if, under subclause (1), it would be treated as having been received—
(a)
after 5 pm on a working day; or
(b)
on a day that is not a working day.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Ngāti Ruapani mai Waikaremoana Claims Settlement Bill
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