Ngā Hapū o Te Iwi o Whanganui Claims Settlement Bill
Ngā Hapū o Te Iwi o Whanganui Claims Settlement Bill
Ngā Hapū o Te Iwi o Whanganui Claims Settlement Bill
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Ngā Hapū o Te Iwi o Whanganui Claims Settlement Bill
Government Bill
308—1
Explanatory note
General policy statement
The Ngā Hapū o Te Iwi o Whanganui Claims Settlement Bill (the Bill) gives effect to certain matters set out in the Ngā Hapū o Te Iwi o Whanganui Deed of Settlement, He Rau Tukutuku, signed by Ngā Hapū o Te Iwi o Whanganui and the Crown on 2 May 2026. The Bill contains provisions relating to redress that require legislation for their implementation. Other aspects of the arrangements are provided for only in the Deed of Settlement because they do not require legislative authority.
Negotiations
In June 2017, the Crown formally recognised the mandate of the Whanganui Land Settlement Negotiation Trust to negotiate the comprehensive settlement of the historical Treaty of Waitangi claims of Ngā Hapū o Te Iwi o Whanganui. Terms of negotiation were signed in July 2017.
Ngā Hapū o Te Iwi o Whanganui and the Crown signed an Agreement in Principle in August 2019.
Key elements of the Ngā Hapū o Te Iwi o Whanganui Claims Settlement Bill
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 (40 working days following the date of Royal Assent) unless a provision states otherwise; and
specifies that the Bill binds the Crown; and
sets out Te Tomokanga ki Te Matapihi (the Nga Hapū of Te Iwi o Whanganui tikanga and values framework) and Crown acknowledgement of the importance of Te Tomokanga ki Te Matapihi to Ngā Hapū o Te Iwi o Whanganui; and
sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngā Hapū o Te Iwi o Whanganui; and
defines terms used in the Bill, including key terms such as Ngā Hapū o Te Iwi o Whanganui and historical claims.
Part 2 provides for cultural redress in 7 subparts:
subpart 1 outlines the protocols for Crown minerals and Taonga Tūturu; and
subpart 2 outlines a statutory acknowledgement by the Crown of the Ngā Hapū o Te Iwi o Whanganui statements of their cultural, historical, spiritual and traditional association with certain statutory areas and the effect of that acknowledgement, together with a deed of recognition for specified areas; and
subpart 3 outlines the overlay classification applying to certain areas of land; and
subpart 4 outlines the provision of official geographic names; and
subpart 5 lists the cultural redress properties to be vested in Ngā Hapū o Te Iwi o Whanganui; and
subpart 6 outlines the cultural materials plan; and
subpart 7 outlines the provisions for Ngā Tūtei a Maru, the joint reserves board with Whanganui District Council.
Part 3 provides for commercial redress in 5 subparts:
subpart 1 provides for the transfer of commercial redress and deferred selection properties, and the removal of section 27B memorials; and
subpart 2 provides for licensed land; and
subpart 3 provides for the transfer of the Whanganui Forest property; and
subpart 4 provides for access to protected sites; and
subpart 5 provides for the right of first refusal.
There are 4 schedules:
Schedule 1 describes the statutory areas; and
Schedule 2 describes the overlay areas; and
Schedule 3 describes the cultural redress properties; and
Schedule 4 sets out provisions about notices in relation to right of first refusal land.
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=308
Clause by clause analysis
Clause 1 states the Title of the Bill.
Clause 2 specifies that the Bill comes 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 historical claims.
Subpart 1—Te Tomokanga ki Te Matapihi—The Gateway
Clause 3 sets out Te Tomokanga ki Te Matapihi of Ngā Hapū or Te Iwi o Whanganui.
Clause 4 sets out the Crown’s acknowledgement of the importance of Te Tomokanga ki Te Matapihi.
Subpart 2—Preliminary matters
Clause 5 states the purpose of the Bill.
Clause 6 provides that the provisions of the Bill take effect on the settlement date unless a provision states otherwise.
Clause 7 provides that the Bill binds the Crown.
Clause 8 gives an outline of the Bill.
Summary of historical account, acknowledgements, and apology of the Crown
Clauses 9 to 12 summarise the historical account in He Rau Tukutuku (the deed of settlement between the Crown and Ngā Hapū o Te Iwi o Whanganui in He Rau Tukutuku), and record the acknowledgements and apology given by the Crown to Ngā Hapū o Te Iwi o Whanganui in He Rau Tukutuku.
Interpretation provisions
Clause 13 provides that the Bill is to be interpreted in a manner that best furthers the agreements in He Rau Tukutuku.
Clause 14 defines certain terms used in the Bill.
Clause 15 defines Ngā Hapū o Te Iwi o Whanganui.
Clause 16 defines the historical claims settled by the Bill.
Historical claims settled and jurisdiction of courts, etc, removed
Clause 17 settles the historical claims and provides that the settlement is final. It removes the jurisdiction of courts, tribunals, and other judicial bodies in respect of the historical claims, He Rau Tukutuku, the Bill, and the settlement redress (but not in respect of the interpretation or implementation of He Rau Tukutuku or the Bill).
Amendment to Treaty of Waitangi Act 1975
Clause 18 amends the Treaty of Waitangi Act 1975 to remove the jurisdiction of the Waitangi Tribunal as provided in clause 17.
Resumptive memorials no longer to apply
Clause 19 provides that the specified land is no longer subject to certain enactments, namely, the provisions that protect land from permanent alienation by the Crown or Crown entities pending the settlement of claims. A related clause is clause 20, which provides for the removal of resumptive memorials from the computer registers for the specified land.
Effect of Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
Clause 21 relates to the vesting or transfer of land under the Bill where the legal descriptions of that land include, or may include, a part of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5 of Part 2 of Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.
Clause 22 provides that, with certain exceptions, nothing in this Bill overrides the provisions of Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.
Miscellaneous matters
Clause 23 overrides the rule under trust law that limits the life of a trust and of any documents that give effect to the settlement.
Clause 24 excludes certain provisions of Te Ture Whenua Maori Act 1993 from applying to Takapau Whāriki Trust.
Clause 25 requires the chief executive of the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau to make He Rau Tukutuku available for inspection or purchase.
Part 2Cultural redress
Subpart 1—Protocols
Subpart 1 (clauses 26 to 31) provides for 2 protocols: a Crown minerals protocol and a taonga tūturu protocol. The subpart provides that the protocols are subject to the Crown’s obligations and sets certain limits on the rights arising under the protocols.
Subpart 2—Statutory acknowledgement and deed of recognition
Subpart 2 (clauses 32 to 45) contains the Crown’s acknowledgement of the statements made by Ngā Hapū o Te Iwi o Whanganui of their association with certain statutory areas (see Schedule 1). It sets out the purposes and limits of the statutory acknowledgement. The subpart also provides that the Crown must issue a deed of recognition in relation to some of the statutory areas (see Part 2 of Schedule 1).
Subpart 3—Overlay classification
Subpart 3 (clauses 46 to 60) provides for an overlay classification, in relation to the overlay areas (see Schedule 2). It sets out the purposes and limits of the overlay areas. The subpart authorises the making of certain regulations and bylaws relating to the overlay areas.
Subpart 4—Official geographic names
Subpart 4 (clauses 61 to 64) 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 5—Advisory committee
Subpart 5 (clause 65) provides for the appointment of the trustees of Takapau Whāriki to a committee to advise the Minister for Oceans and Fisheries in relation to any areas that are of special significance to Ngā Hapū o Te Iwi o Whanganui.
Subpart 6—Vesting of cultural redress properties
Subpart 6 (clauses 66 to 112) provides for the vesting of cultural redress properties (see the definition in clause 66 and descriptions of each property in Schedule 3). Nine of the properties vest in fee simple, 17 vest in fee simple to be administered and 1 vests jointly in fee simple to be administered as reserves under the Reserves Act 1977. Clauses 94 to 112 set out technical provisions that facilitate the vesting of the cultural redress properties.
Subpart 7—Cultural materials
Subpart 7 (clauses 113 to 118) requires the Minister of Conservation and the trustees to develop a cultural materials plan, to enable members of Ngā Hāpu o Te Iwi o Whanganui to collect certain cultural materials within the area of interest of Ngā Hāpu o Te Iwi o Whanganui.
Subpart 8—Ngā Tūtei a Maru: the guardians of Maru
Subpart 8 (clauses 119 to 139) provides for a joint board (including appointees from the Whanganui District Council and the trustees) to be established to manage the reserves described in Schedule 4.
Part 3Commercial redress
Clause 140 sets out definitions applying to certain terms in this Part.
Subpart 1—Transfer of commercial redress properties and deferred selection properties
Subpart 1 (clauses 141 to 147) sets out provisions relating to transfer, registration, and related matters for commercial redress properties.
Subpart 2—Licensed land
Subpart 2 (clauses 148 to 150) provides for the status of the licensed land. The provisions set out the respective rights and obligations of the Crown and the trustees in relation to the licensed land.
Subpart 3—Whanganui Forest property
Subpart 3 (clause 151) provides that on the date of transfer the Whanganui Forest property ceases to be Crown forest land and any associated forestry assets cease to be Crown forestry assets.
Subpart 4—Access to protected sites
Subpart 4 (clauses 152 to 154) provides a right of access over certain protected sites for Māori for whom those site have a special cultural, spiritual, or historical significance.
Subpart 5—Right of first refusal over RFR land
Subpart 5 (clauses 155 to 184) provides the trustees with a right of first refusal over RFR land. The provisions prohibit RFR landowners, as defined, from disposing of RFR land other than to the trustees without first offering it to the trustees, unless any of the specified exemptions apply. The RFR period lasts for 185 years from the specified starting dates.
Schedules
There are 5 schedules, as follows:
Schedule 1 describes the statutory areas to which the statutory acknowledgement relates and for which deeds of recognition are issued:
Schedule 2 describes the overlay areas:
Schedule 3 describes the cultural redress properties:
Schedule 4 describes the Ngā Tūtei a Maru properties:
Schedule 5 sets out provisions that apply to notices given in relation to RFR land.
Hon Paul Goldsmith
Ngā Hapū o Te Iwi o Whanganui Claims Settlement Bill
Government Bill
308—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Ngā Hapū o Te Iwi o Whanganui 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
Subpart 1—Te Tomokanga ki Te Matapihi—The Gateway
3 Te Tomokanga ki Te Matapihi of Ngā Hapū o Te Iwi o Whanganui
(1)
This section sets out Te Tomokanga ki Te Matapihi of Ngā Hapū o Te Iwi o Whanganui and its constituent elements.
Te Tomokanga ki Te Matapihi
(2)
Te Tomokanga is a ceremonial gateway that leads onto the main courtyard of a marae. Manuhiri (visitors) must traverse this pathway in order to fulfil the formal ritual of encounter, the pōwhiri.
(3)
Te Tomokanga symbolises the values (Ngā Mātāpono) carved into the entranceway.
(4)
Te Matapihi, a significant landmark, is a window for Ngā Hapū o Te Iwi o Whanganui to look out to the external world through their tribal lens.
(5)
For Ngā Hapū o Te Iwi o Whanganui, it is the entrance into the Whanganui tribal domain.
Te Uku and Te Rino
(6)
Te Uku represents Ngā Hapū o Te Iwi o Whanganui and their rights and responsibilities, as tangata whenua within their tribal domain, to ensure that their relationship with the Crown endures for the benefit of future generations.
(7)
Te Rino represents the Crown in its relationship with Ngā Hapū o Te Iwi o Whanganui under te Tiriti o Waitangi/the Treaty of Waitangi.
Ngā Mātāpono: toitū te kupu, toitū te mana, toitū te whenua
(8)
Ngā Mātāpono are the intrinsic values of Ngā Hapū o Te Iwi o Whanganui.
Toitū te kupu: integrity
(9)
Integrity is founded on the intent of one’s word and the truth of its expression.
Toitū te mana: inherited authority
(10)
Inherited authority is founded on the recognition of the permanence of iwi mana and on the sharing of responsibility to uphold that mana. Mana stems from maintaining the relationship between humanity and the natural world, and people with one another, through appropriate tikanga.
Toitū te whenua: physical and metaphysical sustenance
(11)
Physical and metaphysical sustenance is founded on the connection, through appropriate tikanga, between humanity and the natural world, and the duty of care of humanity towards the natural world.
| Ko Matua Te Mana te pou tuarongo | |
| Ko Te Awa Tupua te tāhuhu ke te pou mua | |
| Ko Ruatipua rāua ko Paerangi ngā maihi | |
| Nei ra te whare kāho o Whanganui. |
| Ko te rangawhenua te mātāpuna o te ora | |
| Mai te whare toka ki te tokatū | |
| He matapihi ki uta, matapihi ki tai, matapihi ki te ao | |
| He ao āpōpō, he ao tea. |
4 Crown acknowledgement of Te Tomokanga ki Te Matapihi
(1)
The Crown acknowledges and respects the importance of Te Tomokanga ki Te Matapihi to Ngā Hapū o Te Iwi o Whanganui.
(2)
The Crown acknowledges that Ngā Hapū o Te Iwi o Whanganui—
(a)
have a desire to have a relationship with the Crown based on Te Tomokanga ki Te Matapihi; and
(b)
regard Te Tomokanga ki Te Matapihi—
(i)
as underpinning the settlement of their claims against the Crown; and
(ii)
as the basis for resetting the relationship between Ngā Hapū o Te Iwi o Whanganui and the Crown.
Subpart 2—Preliminary matters
5 Purpose
The purpose of this Act is—
(a)
to record the acknowledgements and apology given by the Crown to Ngā Hapū o Te Iwi o Whanganui in He Rau Tukutuku; and
(b)
to give effect to certain provisions of He Rau Tukutuku that settles the historical claims of Ngā Hapū o Te Iwi o Whanganui.
6 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.
7 Act binds the Crown
This Act binds the Crown.
8 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 He Rau Tukutuku.
(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 Ngā Hapū o Te Iwi o Whanganui, as recorded in He Rau Tukutuku; and
(e)
defines terms used in this Act, including key terms such as Ngā Hapū o Te Iwi o Whanganui 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 effect of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 on certain land described in He Rau Tukutuku or this Act; and
(v)
the exclusion of the limit on the duration of a trust; and
(vi)
access to He Rau Tukutuku.
(3)
Part 2 provides for cultural redress, including—
(a)
cultural redress that does not involve the vesting of land, namely,—
(i)
in subpart 1, protocols for Crown minerals and taonga tūturu on the terms set out in the documents schedule; and
(ii)
in subpart 2, a statutory acknowledgement by the Crown of the statements made by Ngā Hapū o Te Iwi o Whanganui of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement, together with a deed of recognition for the specified areas; and
(iii)
in subpart 3, an overlay classification applying to certain areas of land; and
(iv)
in subpart 4, the provision of official geographic names; and
(b)
a provision (subpart 5) to establish the trustees of the Takapau Whāriki Trust as an advisory committee to the Minister for Oceans and Fisheries; and
(c)
in subpart 6, cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties; and
(d)
in subpart 7, provisions that enable access to certain cultural materials; and
(e)
in subpart 8, the establishment of Ngā Tutei a Maru as a joint administering body of the reserves.
(4)
Part 3 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, certain licensed land; and
(c)
in subpart 3, certain unlicensed land; and
(d)
in subpart 4, access to protected sites; and
(e)
in subpart 5, a right of first refusal over RFR land.
(5)
There are 5 schedules, as follows:
(a)
Schedule 1 describes the statutory areas to which the statutory acknowledgement relates and for which deeds of recognition are issued:
(b)
Schedule 2 describes the overlay areas to which the overlay classification applies:
(c)
Schedule 3 describes the cultural redress properties:
(d)
Schedule 4 describes the reserves that the joint board will administer:
(e)
Schedule 5 sets out provisions that apply to notices given in relation to RFR land.
Summary of historical account, acknowledgements, and apology of the Crown
9 Summary of historical account, acknowledgements, and apology
(1)
Section 10 summarises the historical account in He Rau Tukutuku, setting out the basis for the acknowledgements and apology.
(2)
Sections 11 and 12 record the text of the acknowledgements and apology given by the Crown to Ngā Hapū o Te Iwi o Whanganui in He Rau Tukutuku.
(3)
The acknowledgements and apology are to be read together with the historical account recorded in part 4 of He Rau Tukutuku.
10 Summary of historical account
Te reo Māori
(1)
I te tau 1839, he tokomaha ngā rangatira i haina i tētehi puka hoko e whai nei ki te whakawhiti i ngā pānga ki ngā whenua nuku atu i te kotahi miriona eka te rahi, tae atu rā ki te katoa o te rohe o Ngā Hapū me te Iwi o Whanganui, ki te Kamupene Niu Tīreni. I te marama o Mei 1840, ka hainatia te Tiriti o Waitangi e ngā rangatira o Whanganui, i ētehi rangi i muri tata tonu mai i tā te Kāwana whakapuaki i te rangatiratanga o te Karauna ki runga o Niu Tīreni.
(2)
I taua marama tonu rā, e 32 ngā rangatira o Whanganui i haina hoki i te puka hoko a te Kamupene. Tae ana ki te tau 1841, i oti kē i ngā Pākehā o te Kamupene te whakatū tāone ki kō iti atu o te pā o Pūtiki. Ka tohungia e te Karauna tētehi Kōmihana Kerēme Whenua kia rangahau i ngā hokonga a te Kamupene, ā, i te tau 1844 kāore ngā rangatira o Whanganui i whakaae ki te “tohu”
a te Kōmihana i te 40,000 eka ki te Kamupene mā te utu i te £1,000 anō. I te tau 1846, ka tīmata ngā whiriwhiringa kōrero a te Karauna ki te whakatutuki i te hokonga a te Kamupene i raro i ngā ritenga o taua tohu, engari ka hinga i te tutūnga o te puehu i Heretaunga. Ka whakatauria e te Karauna te ture ā-ope kātua ki runga o Whanganui i te tau 1846 i reira rā tū ai he kakari i te tārewa tonu i tōna kapinga i 1847. Nō te tau 1848, ka tīmata anō ngā whiriwhiringa kōrero a te Karauna ki te whakaū i te “tohu”
mō te Kamupene, engari, e 89,600 katoa ngā eka o te poraka i hokona, heoi e £1,000 tonu te utu. Ka kaha tā te Karauna āki i ngā Māori kia whakaaengia ētehi tukunga nui mō te wāhi ki ngā whenua rāhui i tohungia.
(3)
I te tau 1863, ko ētehi o ngā uri o ngā hapū o Whanganui i whawhai ki te tautoko i te Kīngitanga ki Taranaki me Waikato. Ka hora te pakanga ki roto o Whanganui i te tau 1864, i te aukatihanga atu a ētehi Māori i te hekenga o ētehi atu apataki Pai Mārire o Whanganui ki te whakaeke atu ki te tāone Pākehā, i te pakanga ki te moutere o Moutoa. I te tau 1865, ka tohutohu atu te Karauna ki ōna hoa o Whanganui kia whakaeke atu ki uta, ā, ka kōkiri atu ki ngā pā ū ki te Kīngitanga, ki Ōhoutahi me Pīpīriki. Nō muri mai i te mutunga o te pakanga i te ngahuru tau 1960, he tokopae ngā Māori i piri atu ki te iwi i Parihaka, ka whai i ngā tikanga o te ātete mārire, ā, i reira rātou i te tau 1881, i te urutomonga atu a te Karauna.
(4)
I te ngahuru tau 1860, ka whakatūria e te Karauna te Kōti Whenua Māori hei poroporo i ngā pānga whenua tuku iho kia takitahi kē ngā taitara, kia māmā ai hoki te taipūwhenua. He nui te utu o ngā ritenga i te Kōti. Ka mate ngā hapū o Whanganui ki te haere tawhiti atu ki te tāone o Whanganui, noho atu ai mō te wā roa. Nā rātou tonu ngā utu rūri, me ētehi atu nama i pīkau, ā, tērā tonu anō te wā me hoko rawa te whenua e tutuki ai. I whai ngā hapū o Whanganui ki te tiaki i ō rātou whenua. I te ngahuru tau 1880, ka whai rātou ki te tuku i ō rātou whenua ki tētehi tarati i raro i te maru o Te Keepa Te Rangihiwinui, engari kāore te Karauna i tautoko atu. I waenga i te ngahuru tau 1870 me te ngahuru tau 1930 ko tā te Karauna me ngā kaihoko tūmataiti, he hoko i te nui o ngā whenua o Whanganui i ngā kaipupuri taitara takitahi. Ka haere tonu ngā mahi poroporo a ngā ture whenua Māori i ngā pānga whenua Māori i te rautau rua tekau, nā reira i uaua ai te whakahaere me te whakamahi i te whenua.
(5)
I te tau 1895, ka whakaae ngā Māori o Pīpīriki kia whakatūria te Tāone Māori o Pīpīriki ki runga i ō rātou whenua, engari, ka hinga te kaupapa. Eke ana ki te tau 1905, e 80,000 ngā eka whenua Māori i tukua e ngā hapū o Whanganui ki tētehi kaunihera whenua Māori hei rīhi mō te 42 tau, kia whakawhanakehia, ahakoa ka noho te mana pupuri whenua ki te iwi. Heoi, kāore te Karauna i ārai i ngā Māori i ngā hapa o te whakahaere i taua whenua, nā reira, kāore te katoa i whakahokia atu ki te iwi mō te hia nei ngahuru tau.
(6)
Mai i te tau 1870, i tangohia e te Karauna te hia mano eka whenua i ngā hapū o Whanganui i raro i te ture hei mahi hanganga tūmatanui. Tērā tona 3,000 eka o ngā whenua rāhui whakaariari kei ngā tahataha o te awa o Whanganui, nāwai rā i takoto hei tūāpapa mō te Whanganui National Park. I ētehi wā, ko ngā mahi hangahanga tūmatanui a te Karauna ka tūkino i ngā wāhi tapu, tae atu ki ngā urupā. He nui te huringa ki ngā whenua, ki ngā ngahere, ki ngā arawai anō hoki mai i te tau 1840, ā, e kore a muri e hokia. Ka mutu, kua mimiti ngā mātauranga taiao o ngā Hapū me ngā Iwi o Whanganui.
(7)
I te rautau rua tekau, kua ngaua Ngā Hapū o te Iwi o Whanganui e ngā putanga kino ki te hauora, e te iti haere o ngā āheinga mahi, e te pākarukaru o ngā whare, me te heke haeretanga o ngā whakatutukinga mātauranga. I ngā kura o te Karauna, i whiua ngā uri o ngā hapū o Whanganui mō te kōrero Māori te take, i raru ai te tukunga iho o te reo ki ngā reanga. He tokopae te hunga kua wehe i te rohe o Whanganui ki te rapu oranga mō rātou, ka mutu, e puritia ana ngā taonga tūturu ki ngā whare pupuri taonga me ētehi atu kā tū whare.
English
(1)
In 1839, several rangatira signed a deed purporting to convey over a million acres, including the entire rohe of the hapū and iwi of Whanganui, to the New Zealand Company. In May 1840, Whanganui rangatira signed te Tiriti o Waitangi/the Treaty of Waitangi, several days after the Governor had proclaimed sovereignty.
(2)
In the same month, 32 Whanganui rangatira also signed the Company deed. By 1841, Company settlers had established a township near Pūtiki Pā. The Crown appointed a Land Claims Commission to inquire into Company transactions and, in 1844, Whanganui rangatira refused to accept the Commissioner’s “award”
of 40,000 acres to the Company in return for a payment of £1,000. In 1846, the Crown began negotiations to complete the Company purchase on the terms of this award, but these broke down due to war in Heretaunga. The Crown extended martial law to Whanganui in 1846, where there was inconclusive fighting in 1847. In 1848, the Crown recommenced negotiations to secure the “award”
for the Company, but the block transacted included 89,600 acres, though the payment remained at £1,000. The Crown negotiated hard for Māori to make considerable compromises about the reserves set aside.
(3)
In 1863, some members of the hapū of Whanganui fought in support of the Kīngitanga in Taranaki and Waikato. Fighting spread into Whanganui in 1864, when some Whanganui Māori stopped other Whanganui Pai Mārire adherents from attacking the European township at the battle of Moutoa Island. In 1865, the Crown ordered its Whanganui allies to advance upriver, and they attacked the Kīngitanga pā at Ōhoutahi and Pīpīriki. After warfare ended in the 1860s, many Whanganui Māori joined the community at Parihaka, which practised peaceful resistance, and were present in 1881 during the Crown’s invasion.
(4)
In the 1860s, the Crown established the Native Land Court to individualise customary land tenure and facilitate colonisation. Court processes were expensive. The hapū of Whanganui were required to travel to Whanganui township and stay for long periods. They paid survey costs and other expenses, sometimes selling land to do so. The hapū of Whanganui tried to protect their whenua. In the 1880s, they attempted to vest land in a trust under Te Keepa Te Rangihiwinui, but the Crown did not support this. Between the 1870s and the 1930s, the Crown and private parties purchased a significant amount of Whanganui land from individual owners. The native land laws continued to fragment Māori land ownership in the 20th century and rendered it difficult to manage and utilise.
(5)
In 1895, Pīpīriki Māori agreed to the development of Pīpīriki Native Township on their land, but it ended in failure. By 1905, the hapū of Whanganui had vested around 80,000 acres in a Māori land council for lease for 42 years to be developed while remaining in their ownership. However, the Crown did not protect Māori from failures in the administration of this land, which meant all of it was not returned to their control for many decades.
(6)
Since 1870, the Crown has compulsorily taken thousands of acres from hapū of Whanganui for public purposes. This included almost 3,000 acres of scenic reserves along the Whanganui River that later formed the basis of the Whanganui National Park. Crown public works projects have at times damaged wāhi tapu, including urupā. Lands, forests, and waterways have undergone significant and irreversible changes since 1840. Environmental mātauranga among the hapū and iwi of Whanganui has eroded.
(7)
In the 20th century, Ngā Hapū o Te Iwi o Whanganui have suffered poor health outcomes, fewer employment opportunities, substandard housing, and lower educational achievement. In Crown schools, members of the hapū of Whanganui were punished for speaking te reo Māori, which affected transmission between generations. Many have left the Whanganui rohe to seek better opportunities, and taonga tūturu are housed in museums and other institutions.
11 Acknowledgements
Te reo Māori
Te whanaungatanga i raro i te Tiriti o Waitangi i waenga i Ngā Hapū o te Iwi o Whanganui me te Karauna, me te whakataunga kua roa e tāria ana.
(1)
E whakaae atu ana te Karauna, i tatū tōna hononga ki ngā tūpuna o Ngā Hapū o te Iwi o Whanganui i te waitohutanga o te Tiriti o Waitangi i Whanganui i te marama o Mei 1840, engari, ahakoa ngā oati o te Tiriti, he nui tonu ngā mahi a te Karauna i hua ake ai ko ētehi nawe mau roa ki Ngā Hapū o te Iwi o Whanganui. Kāore te Karauna i āta ū ki te whakahōnore i tana hononga ki Ngā Hapū o te Iwi o Whanganui i raro i te Tiriti o Waitangi, ka mutu, kua roa kē e tāria ana te whakaae, te whakaea hoki i ngā nawe mau roa me ngā nawe tūturu o Ngā Hapū o te Iwi o Whanganui.
Te kawenga atu ki tāwāhi me te pananga atu o ngā tāne o Whanganui i 1846
(2)
E whakaae ana te Karauna, ahakoa te iti o ngā taunakitanga, i hē tana pana atu i ngā mauhere e rima ki Tāhimānia i te tau 1846, tae atu ki a Hohepa Te Umuroa, he tupuna nō Ngā Hapū o te Iwi o Whanganui i mate nōna e mauheretia ana i reira. E whakaae ana te Karauna, he māminga te mahi a te Kāwana i tana whakapeau i ngā hara o ngā mauhere ki ngā mana whakahaere i Tāhimāhia, i te korenga o te taunakitanga, i tana tono hoki i ngā mana whakahaere kia tūkino i ngā mauhere. Ka whakaae hoki te Karauna, ko tērā mahi āna he takahi i te Tiriti o Waitangi me ōna mātāpono.
Te ture ā-ope kātua i te tau 1847
(3)
E whakaae ana te Karauna, kāore kau he take ohorere, he take whakawehi rānei hei parahau i te tōroatanga o te ture ā-ope kātua ki Whanganui i te marama o Māehe 1847. I te mea i ū tonu te ture ā-ope kātua i te marama o Āperira 1847, i te wā i mauheretia ai ngā taitamariki tokorima o Whanganui i muri mai i te kōhurutanga o tētehi whānau Pākehā, ka whakawākia rātou ki te kōti ā-kātua. Tokowhā ngā taitamariki, ko Te Awahuri Te Pūhaki tētehi, i wawe te patu i a rātou kia mate, hei “tauira whakatūpato”
, tērā i te āta whakawā i a rātou ki te kōti whānui, tērā tonu pea kua tika kē te tukanga whakawā i a rātou i reira. Nā tērā, kīhai rātou i whai wāhi ki ngā mōtika me ngā painga o te noho ki raro i te mana kirirarau, ka mutu, he mea takahi tērā i te Tiriti o Waitangi me ōna mātāpono.
Te Korenga o te rangahau i ngā kōrero mō te paitini i te paraoa
(4)
E whakaae ana Te Karauna:
(a)
i te tau 1847, ka pā te rongo, i te wā o ngā kakari i Whanganui, ka tūpono atu ētehi o ngā toa o tētehi tauā o Whanganui ki tētehi ranunga paraoa i paitinitia ki te akinihi, i roto tonu i te whare i whakarērea e tētehi Kaiwhakawā Tūmatanui Pākehā, otirā, tokorua, neke atu rānei, ngā Māori i paitinitia;
(b)
kāore te Karauna i rangahau i ngā kōrero mō te paitinitanga o ngā Māori tokorua, i rongo ai te Karauna i te marama o Ākuhata 1847, i muri noa atu i te mutunga o ngā kakari i Whanganui, ā,
(c)
kua roa Ngā Hapū o te Iwi o Whanganui e whakapono ana i tae taua paraoa paitini ki uta o te awa, me te aha, ka mate te tokonui i te puku o te rautau tekau mā iwa. Kei te mau tonu ngā nawe me te pāmamae ki Ngā Hapū o te Iwi o Whanganui i taua āhuatanga ināianei.
Ngā tūmanako o ngā tūpuna o Ngā Hapū o te Iwi o Whanganui mō te hokonga o te tau 1848
(5)
E whakaae ana te Karauna, ko te hokonga o Whanganui i te tau 1848, he take nui tērā i roto i te whanaungatanga o ngā tupuna o Ngā Hapū o te Iwi o Whanganui ki te Karauna. I te whai wāhitanga atu o ngā tini rangatira o Ngā Hapū o te Iwi o Whanganui ki taua hokonga, i pērā rātou i runga i te whakaaro he kaupapa whakawhanake tērā i te whanaungatanga ki te Karauna, ka toitū, ka whaihua hoki te katoa.
Te Hokonga i 1848
(6)
E whakaae ana te Karauna, ko te Hokonga o te Poraka o Whanganui 1848, i whakatairangatia atu ki Ngā Hapū o te Iwi o Whanganui koia ko te whakatutukitanga o ngā tohu i tūtohungia e Kōmihana Spain, kia riro i te Kamupene Niu Tīreni te 40,000 eka mō tāna utu i te £1,000. Heoi, kāore te Karauna i whakamōhio atu ki ngā tūpuna o Ngā Hapū o te Iwi o Whanganui, ahakoa i riro tonu i a rātou te utu £1,000, ko te takiwā i rūrihia e te Karauna, i whai wāhi atu hoki ki taua hokonga, i kō atu i te pūruatanga o tā Spain i tohu ai. Kāore tērā i eke ki te taumata o te pono, o te tika i hua mai i te Tiriti o Waitangi. He takahi tērā i te Tiriti o Waitangi me ōna mātāpono.
Ngā Whenua Rāhui i 1848
(7)
E whakaae ana te Karauna, nāna i whai kia nui ngā tukunga a ngā tūpuna o Ngā Hapū o te Iwi o Whanganui mō te taha ki te wāhi me te rahi o ngā whenua rāhui i te hokonga o Whanganui i te tau 1848. Ahakoa i tutuki te whiriwhiringa kōrero a ngā tūpuna kia tāpirihia ētehi whenua pai ki aua whenua rāhui i mau tonu i a rātou, i tōna whānuitanga, he tāpua, he uaua hoki ngā tukuhanga i whakaae atu ai rātou mō te taha ki te wāhi me te rahi o aua whenua rāhui. Ka mutu, ko ngā whenua rāhui i tatū i taua hokonga, he nawe nui tonu e ngau kino nei i Ngā Hapū o te Iwi o Whanganui.
(8)
Kei te whakaae hoki te Karauna, kāore i kapi i ngā whenua rāhui i whiriwhiritia i te hokonga o te tau 1848 ko ētehi o ngā pā me ngā kāinga i nōhia tonuhia e te iwi, arā, ko Pākaitore tētehi, he kāinga hī ika, i tau atu ai te nui o ngā iwi me ngā hapū o te awa o Whanganui i ngā kaupeka hī ika o te tau. Nāwai rā, ka tū tētehi papa hokohoko, haere nei, he pāka tūmatanui, i karangatia ko Moutoa Gardens, ā, ka kore e taea e ngā tūpuna o Whanganui te noho tonu atu ki reira. Ko te rironga o te mana whakahaere i Pākaitore he nawe nui, he pāmaetaetanga nui ki Ngā Hapū o te Iwi o Whanganui.
Ngā Pakanga i te Ngahuru Tau 1860
(9)
E whakaae ana te Karauna:
(a)
nā te pākaha o ana karawhiunga hōia i Taranaki i te ngahuru tau 1860 i mate ai ngā Māori o Whanganui ki te whakaū i ngā whakatau taumaha e pā ana ki tō rātou pono ki te Karauna, nā konā i nui ai ngā taukumekume i te rohe o Whanganui;
(b)
nā aua taukumekume ka tū te riri o ngā Māori o Whanganui ki Moutoa i te tau 1864; ā,
(c)
nā aua pakanga he nui ngā wharanga me ngā matenga, ka wehewehe hoki ngā hapū me ngā whānau o Whanganui. Mai i taua wā, kua mau tonu te ngākau pōuri me te mamae.
Tā te Karauna kawenga i ngā pakanga i Whanganui i te ngahuru tau 1860
(10)
E whakaae ana te Karauna, i te mutunga iho, nāna i pakū ai te pakanga a te Kīngitanga ki te Karauna i Whanganui, tērā i tīmata i te pā o Ōhoutahi, ka mutu i Pīpīriki i te tau 1865, otirā, I whai wāhi atu ai ētehi tūpuna o Whanganui hei kaitautoko i te Kīngitanga, ko ētehi hei hoa haere ki te Karauna. E whakaae ana te Karauna he takahi tērā i te Tiriti o Waitangi me ōna mātāpono.
Tā te Karauna uta i ngā karangatanga wehewehe ki Ngā Hapū o te Iwi o Whanganui
(11)
E whakaae ana te Karauna, nā ngā karangatanga i utaina i te wā o Ngā Pakanga Nunui o Niu Tīreni, i kīia rā ngā Māori o uta o te awa o Whanganui, he ito, ko ērā o tai, he hoa, ka ara ake ngā taukumekume. Nā aua taukumekume kua tupu te ngākau kawa me te mauāhara o Ngā Hapū o te Iwi o Whanganui, ko tēnā hapū ki tēnā, ko ngā hapū ki te Karauna anō, ā, e mau tonu ana te mamae o Ngā Hapū o te Iwi o Whanganui.
Te Ture Whenua Māori
(12)
E whakaae ana te Karauna:
(a)
kāore a ia i whiriwhiri kōrero ki Ngā Hapū o te Iwi o Whanganui mō te whakaaranga o ngā ture whenua Māori;
(b)
ko ngā whakahaere me ngā pāpātanga o ngā ture whenua Māori, otirā, o te tukanga tohu i ngā taitara whenua ki te hunga takitahi i taea ai e te tangata kotahi ngā ritenga mō taua whenua, tē aro ai ki te iwi me ngā hapū, nā reira, i māmā ake ai te poroporo, te wāwāhi, me te rironga atu o aua whenua. Nā tērā, ka horo ngā ritenga me ngā tikanga tūturu a te iwi o Ngā Hapū o te Iwi o Whanganui. Kāore te Karauna i āta atawhai i aua tikanga me aua ritenga, ā, he mea takahi tērā i te Tiriti o Waitangi me ōna mātāpono.
Ngā utu rūri tuwhene i pā i te hokonga o te poraka o Ōtaranoho
(13)
E whakaae ana te Karauna, ko ngā nama rūri i tohungia hei utu mā ngā tūpuna o Ngā Hapū o te Iwi o Whanganui, i ētehi wā, he taumahatanga nui. Otirā, e whakaae ana te Karauna, ko ngā utu rūri mō te poraka o Ōtaranoho kāore i tika hei pīkau mā ngā tūpuna o Ngā Hapū o te Iwi o Whanganui, ā, nā te korenga ōna i tiaki i ngā tūpuna o Ngā Hapū o te Iwi o Whanganui i taua taumahatanga, he takahi tērā i te Tiriti o Waitangi me ōna mātāpono.
Te Tarati a Te Keepa
(14)
E whakaae ana te Karauna, ko te whai ki te whakatū i te Tarati a Te Keepa i te tau 1880 he mahi nā Ngā Hapū o te Iwi o Whanganui ki te whakakotahi i ō rātou whenua ki raro i te mana whakahaere tōpū. Heoi, kāore te Karauna i tuku i te taitara tōpū tika kia tae rā anō ki te tau 1894, ā, ko taua hapa, he takahi i te Tiriti o Waitangi me ōna mātāpono.
Parihaka
(15)
E whakaae ana te Karauna i te ngahuru tau 1870 me te tīmatanga o te ngahuru tau 1880, ko ngā tūpuna o Ngā Hapū o te Iwi o Whanganui ētehi o ngā Māori nō ngā rohe maha i tae atu ki te papakāinga o Parihaka. He tokopae o aua tūpuna i noho ki Parihaka, hei apataki o Te Whiti o Rongomai rāua ko Tohu Kākahi. Ko ētehi atu i haere ki Parihaka i ō rātou kāinga i Whanganui, i ia marama. Ko aua tūpuna ētehi i pēpēhia e ngā ture me ngā hapa o te Karauna i Parihaka.
(16)
E whakaae ana te Karauna:
(a)
i mauheretia e ia ngā uri o Ngā Hapū o te Iwi o Whanganui mō te whai wāhi atu ki ngā mahi ātete rangimārie i kōkiritia ki Parihaka i te tau 1879 me 1880;
(b)
ka mana ngā ture “whakatārewa i ngā tukanga ture whānui”
, me te aha, ka hereherea ngā tūpuna o Ngā Hapū o te Iwi o Whanganui, kīhai i whakawākia;
(c)
ko te mauheretanga o aua tūpuna, kīhai i whakawākia, ka roa e herehere ana, ko tōna rite, he mauheretanga ture-kore;
(d)
ko te mauherenga o ngā tūpuna o Ngā Hapū o te Iwi o Whanganui i ngā whare herehere i Te Waipounamu mō te tōrangapū te take, he pā kino, he tūkino anō i a rātou ko ō rātou whānau, hapū hoki; ā
(e)
ko te āhua i pā ki aua mauhere tōrangapū:
(i)
i hē, i takahi i te ture whānui, i aupēhi hoki i ō rātou mana tangata; ā
(ii)
he takahi i te Tiriti o Waitangi me ōna mātāpono.
(17)
E whakaae ana te Karauna:
(a)
he whakakino nui tāna ki Parihaka, i takahia hoki e ia ngā tika tāngata o te hunga i noho ki reira i te wā o te pāhuatanga, i te nohoanga hoki o ngā Pākehā ki reira i muri mai;
(b)
i āta panaia atu e ia ētehi kirinoho maha, ka tūkinotia, ka takakinotia ō rātou kāinga, ō rātou whare tapu, ka kaiātia ā rātou taonga tuku iho, ka tūkinotia ā rātou mahinga kai nui, me ā rātou kīrehe, otirā, ka panaia ngā tūpuna o Ngā Hapū o te Iwi o Whanganui kia hoki atu ki Whanganui, ā, ka āta whakarite here kuhu ki Parihaka;
(c)
ko āna mahi he takahi i te mana motuhake o te Māori kia whanake, kia noho anō hoki hei hapori motuhake i runga i te rangimārie; ā
(d)
ko tāna tūkino i ngā tūpuna o Ngā Hapū o te Iwi o Whanganui ki Parihaka, i tino kino, otirā, i hē, ā, ko aua mahi he takahi i te Tiriti o Waitangi me ōna mātāpono.
Ngā Whenua Tuku
(18)
E whakaae ana te Karauna:
(a)
i tukuna e Ngā Hapū o te Iwi o Whanganui tōna 80,000 eka ki te Poari Whenua Māori o Aotea i waenganui i te tau 1903 me te tau 1905;
(b)
i whakapono ngā kaipupuri i ngā pānga whenua o Ngā Hapū o te Iwi o Whanganui ko ngā whenua i tukuna e rātou, ka rīhingia atu ki ngā kirinoho mō ētehi wā rīhi e rua, e 21 tau te roa, ā, mutu ana, ka whakahokia aua whenua ki tō rātou mana whakahaere;
(c)
ka tata mai ana te mutunga o te wā rīhi tuatahi ka mārama te Karauna kāore i taea e ngā kaipupuri te whakahaere ō rātou whenua nō te mea kāore i a rātou te moni hei utu i te kapeneihana mō ngā whakapaipaitanga e tika ana kia riro i ngā kairīhi, engari, kāore te Karauna i aro ki taua take kia tae rā anō ki te tau 1950; ā,
(d)
ko te korenga o te Karauna i whakatau ritenga mō Ngā Hapū o te Iwi o Whanganui kia riro anō i a rātou te mana whakahaere i ō rātou whenua tuku i te wā tika, i raro hoki i te āhuatanga pai, he takahi i te Tiriti o Waitangi, me ōna mātāpono.
Ngā Hanganga Tūmatanui: He Whakaaetanga Whānui
(19)
E whakaae ana te Karauna i riro i a ia te 2,200 eka o ngā whenua o ngā poraka i whai pānga ai ngā tūpuna Ngā Hapū o te Iwi o Whanganui i raro i te ture, mā te tango whenua i raro i te ture hanganga tūmatanui i te rautau tekau mā iwa me te rautau rua tekau. E whakaae ana hoki te Karauna, i taua wā, i riro i ngā rōpū ehara i te Karauna, ngā whenua o Ngā Hapū o te Iwi o Whanganui mō ngā hanganga tūmatanui ā-rohe, tae atu ki te whenua i Kai Iwi. Ko te nui o aua tangohanga whenua te pūtake o ngā nawe mau roa e ngau tonu ana i Ngā Hapū o te Iwi o Whanganui i tēnei rā.
Ngā hanganga tūmatanui: Te Rua Keri Kōhatu i Kaiwhaiki
(20)
I te tau 1878, i kuhu te Karauna ki te whiriwhiri take i waenga i ngā tūpuna o Ngā Hapū o te Iwi o Whanganui me te Wanganui Harbour Board kia tau ai tētehi ritenga e keria ai e te Poari ngā kōhatu o ngā whenua o ngā hapū i Kaiwhaiki. Nā te Karauna ngā tūpuna o Ngā Hapū o te Iwi o Whanganui i āki, ki te kore ngā ‘ritenga pai’ e tatū ki te Poari, tērā tonu pea ka riro te whenua mā te ture. E whakaae ana te Karauna kīhai ia i atawhai i Ngā Hapū o te Iwi o Whanganui i tāna tuku kupu whakatūpato atu kei riro te whenua i te Poari, ā,he takahi tērā i te Tiriti o Waitangi me ōna mātāpono.
Ngā nawe mō te rironga o te Rua Keri Kōhatu o Kaiwhaiki i raro i te ture
(21)
E whakaae ana te Karauna i te tau 1920, i riro i te Wanganui Harbour Board te rua keri kōhatu iraro i te ture, i muri i te 40 tau o te utu i ngā nama ki ngā Māori o Kaiwhaiki, ā, he iti iho te utu hoko i te uara tika o te rua keri kōhatu, ki tā Ngā Hapū o te Iwi o Whanganui. Ka aukatihia te whai wāhitanga atu o ngā kaipupuri ki ō rātou whenua, ā, ka tūkinotia ngā wāhi tapu o taua whenua, ka mutu, ka mau tonu te mamae i taua tangohanga ināianei.
Ngā whenua tuku mō ngā kura kīhai i whakahokia ki ngā hapū
(22)
E whakaae ana te Karauna he mea tuku nā Ngā Hapū o te Iwi o Whanganui ngā whenua ki te Karauna hei whakatū kura. Ko ētehi o aua whenua kāore i whakahokia ki ngā kaipupuri tūturu, ki ō rātou uri rānei i te katinga o ngā kura, ā, ka mau tonu tēnei nawe ki ngā hapū.
Te tukunga o te kura o Koriniti
(23)
E whakaae ana te Karauna, i te tau 1899 ka tukua e ngā tūpuna o Ngā Hapū o te Iwi o Whanganui ngā whenua ki te Karauna mō tētehi kura ki Koriniti, e whitu tekau tau i tū ai hei kura mō te hapori o Koriniti. I te tau 1977, ka hokona atu e te Karauna te whenua, kāore i whai i ngā hātepe tika ki te rangahau ne i he mea tuku te whenua i mua, nā reira e tika ana kia whakahokia atu ki ngā uri o ngā kaipupuri pānga whenua tuatahi. Ko te korenga o te Karauna i āta rapu i te māramatanga ki te pūtake i riro ai i te Karauna taua whenua, he takahi i tana kawenga kia āta tiaki i ngā pānga whenua o ngā tūpuna o Ngā Hapū o te Iwi o Whanganui, he takahi hoki i te Tiriti o Waitangi me ōna mātāpono.
Ngā hanganga tūmatanui: Te Rori o Parapara
(24)
E whakaae ana te Karauna i te tīmatanga, i te puku hoki o ngā tau 1900, he mea tango nānā ngā whenua o te poraka o Ngāpukewhakapū i raro i te ture, kia hangaia ai, kia whakatikatikahia ai hoki te rori o Parapara, ināianei ko te Huarahi Matua 4. I haere taua rori mā te papakāinga o Ōtoko, he kāinga nui i roto i te iwi, i raro hoki i ngā tikanga wairua o te hāhi Ringatū, otirā, i tōna poropiti, i a Te Kooti. He mea wehewehe te rori i te papakāinga. Nā ētehi mahi o muri mai, i whānui ake ai te rori. Nā ngā mahi hangahanga rori i tūkinotia ai ngā wāhi tapu, tae atu rā ki te urupā o Kākātahi, me te pōhutukawa tapu, a Te Kāhui o Ngā Rangatahi. E whakaae ana te Karauna ki ngā nawe o te iwi o Ōtoko mō te huarahi wehewehe i tō rātou papakāinga.
Ngā hanganga tūmatanui: Te Pā Wai o Atene
(25)
E whakaae ana te Karauna kāore ngā tūpuna o Ngā Hapū o te Iwi o Whanganui i whakamōhiotia, i whai wāhi atu rānei ki te Order in Council o te tau 1958 i āhei ai tā te Karauna rangahau i ngā mahi whakatū pā wai ki Ātene. Kei te whakaae hoki te Karauna ko ngā tūpuna o Ngā Hapū o te Iwi o Whanganui i whakaririka i te tūpono mai o te waipuke i te pā wai o Ātene, ka hinga ō rātou kāinga, ō rātou marae, ngā whenua motuhake me ngā wāhi tapu. E maumahara ana Ngā Hapū o te Iwi o Whanganui, i te hiku o te ngahuru tau 1950, i te tīmatanga o te ngahuru tau 1960, nā runga i te whakaririka kei waipuke, ka whakarērea e ētehi ō rātou kāinga, ka hahua ngā kōiwi i ō rātou urupā, ā, ka tapukea ngā whanaunga ki tawhiti atu i ō rātou urupā tūpuna. Tēnei te Karauna e tūtohu ana i te mamae i pā ki aua tūpuna.
Te rironga o ngā Whenua Rāhui Whakaariari o Te Awa o Whanganui i Raro i te Ture
(26)
E whakaae ana te Karauna kāore ia i āta whiriwhiri kōrero ki Ngā Hapū o te Iwi o Whanganui, kāore hoki i aro tautika atu ki ō rātou pānga me ērā o ngā pānga tūmatanui i te rironga o ō rātou whenua hei papa rāhui whakaariari. Nā aua hapa i riro ai i te Karauna te 2,745.5 eka o ngā whenua o ngā hapū i ngā tahataha o te awa o Whanganui i raro i te ture, tatū atu rā ki ngā pāmu, ngā urupā, me ngā whenua i ora ai ētehi o ngā uri o ngā hapū. He takahi tērā i te Tiriti o Waitangi me ōna mātāpono.
Te tāpiritanga o ngā papa rāhui whakaariari ki te Whanganui National Park
(27)
E whakaae atu ana te Karauna i te tau 1987, i tāpirihia ētehi o ngā papa rāhui whakaariari ki te Whanganui National Park, ā, he whakakino anō tēnei i ngā tāmitanga i tau ki runga ki Ngā Hapū o te Iwi o Whanganui, nā te mea i whakawhāitihia tō rātou āhei ki te tiaki i ō rātou whenua me ā rātou rawa.
Ngā whakatoihara utu pēnihana
(28)
E whakaae ana te Karauna, ko ngā Māori, tae atu ki ērā o Ngā Hapū o te Iwi o Whanganui, i rongo i te whakatoihara i te whiwhinga ki te pēnihana pahake iti iho i tērā i riro i te nuinga atu o ngā tāngata o Niu Tīreni i ngā ngahuru tau e whā tuatahi o te rautau rua tekau, ā, ko taua momo whakatoihara i ngā uri o Ngā Hapū o te Iwi o Whanganui he takahi i te Tiriti o Waitangi me ōna mātāpono.
Te takakino i te taiao
(29)
E whakaae ana te Karauna, mai i te puku o te rautau tekau mā iwa, he nui ngā huringa i pā ki ngā whenua, ngā ngahere, me ngā arawai o te rohe o Ngā Hapū o te Iwi o Whanganui, ā, he nui tonu ērā he tūkinotanga, e kore hoki e taea te whakatikatika, nā konei e ngau kino ana te auhitanga nui ki Ngā Hapū o te Iwi o Whanganui, tae atu ki:
(a)
te topenga o ngā rākau taketake kia tupu ai ngā pātītī, i horo ai te whenua, i poke ai te tini o ngā arawai;
(b)
te whakarere i ngā para, i ngā para kīrehe, i ngā para kikino, me ngā waipara ki roto ki ngā arawai o te rohe, nā reira i heke ai te ora o te wai, i pā kinotia ai hoki ko ētehi koiora o ngā wai māori, he kai nā ngā hapū hei oranga mō rātou; otirā,
(c)
te urutomokanga mai o ngā manu, ngā kīrehe me ngā ika tauhou ki te rohe o Ngā Hapū o te Iwi o Whanganui, ko te pāpātanga, he mea tūkino i te taiao taketake.
(30)
Ka mutu, e whakaae ana anō te Karauna ko te kino i pā ki tō rātou rohe, he tūkino anō i ngā mātauranga o Ngā Hapū o te Iwi o Whanganui, he whakaiti hoki i ā rātou kawenga kaitiaki i te nuinga o ā rātou rawa, taonga hoki.
Te reo Māori
(31)
E whakaae ana te Karauna kāore i tutuki tāna āta tiaki i te reo, kāore hoki i akiaki i tā te iwi, me tā ngāi Māori tuku i te reo kia rere, nā kōnei kua kino te pāpātanga ki te reo Māori i te rohe o Whanganui, ā, he takahi tērā i te Tiriti o Waitangi me ōna mātāpono
Ngā whiunga i ngā kura mō te reo te take
(32)
E whakaae ana te Karauna i tūkinotia ngā tamariki o Ngā Hapū o te Iwi o Whanganui, ka hia nei ngā ngahuru tau i whiua ai rātou mō te kōrero i tō rātou reo te take i roto i ngā kura i whakatūria e te Karauna.
Ngā take ohaoha-pāpori
(33)
E whakaae ana te Karauna nō te mutunga o te rautau tekau mā iwa tae atu ki te rautau rua tekau, i raru Ngā Hapū o te Iwi o Whanganui i te pākarukaru o ngā whare, i te iti o ngā āheinga mahi, i te kino hoki o te hauora. Ko te pūnaha mātauranga he mea tātāmi, kāore i whai hua ki ngā reanga o ngā tamariki Māori o Whanganui. Nā ngā āhuatanga pakukore i mate ai ētehi o ngā uri o Ngā Hapū o te Iwi o Whanganui ki te wehe i ō rātou kāinga, otirā, ko ētehi, kua momotu rā ngā here ki ō rātou hapū, ki tō rātou tūrangawaewae. Kei te whakaae anō te Karauna kua kaha, kua manawanui hoki Ngā Hapū o te Iwi o Whanganui i aua āhuatanga, kua kaha ki te pupuri ki ā rātou tikanga, ki tō rātou ahurea, me tō rātou tuakiri.
English
Te Tiriti o Waitangi/the Treaty of Waitangi relationship between Ngā Hapū o Te Iwi o Whanganui and the Crown, and long-awaited redress
(1)
The Crown acknowledges that it established a relationship with tūpuna of Ngā Hapū o Te Iwi o Whanganui at the signing of te Tiriti o Waitangi/the Treaty of Waitangi in Whanganui in May 1840, but despite the promise of te Tiriti o Waitangi/the Treaty of Waitangi, many Crown actions since have created long-standing grievances for Ngā Hapū o Te Iwi o Whanganui. The Crown has not always honoured its partnership under te Tiriti o Waitangi/the Treaty of Waitangi with Ngā Hapū o Te Iwi o Whanganui, and recognition of and redress for longstanding and legitimate grievances of Ngā Hapū o Te Iwi o Whanganui is long overdue.
Transportation and exile of Whanganui men 1846
(2)
The Crown acknowledges that, despite a lack of evidence, it unjustly exiled 5 prisoners to Tasmania in 1846, including Hōhepa Te Umuroa, a tupuna of Ngā Hapū o Te Iwi o Whanganui, who died while imprisoned there. The Crown acknowledges that the Governor acted in bad faith by misrepresenting the prisoners’ offences to the Tasmanian authorities in the absence of evidence, and by asking the authorities to treat the prisoners harshly. The Crown further acknowledges that its behaviour was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Martial law in 1847
(3)
The Crown acknowledges that there was no sufficiently serious emergency or threat to justify extending martial law in Whanganui in March 1847. As martial law was still in place in April 1847 when 5 Whanganui youths were captured after the murder of a settler family, they were tried by court martial. Four of the youths, including Te Awahuri Te Pūhaki, were then swiftly executed as an “immediate example”
rather than being tried in the civil courts, where they could have expected a less peremptory and fairer process. This denied them access to the rights and privileges of citizenship, and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Failure to investigate reports of a flour poisoning incident
(4)
The Crown acknowledges that,—
(a)
in 1847, it received reports that, during the fighting in Whanganui, members of a Whanganui tauā had found a mixture of flour poisoned with arsenic in the evacuated house of a Pākehā justice of the peace, and that at least 2 Māori had been poisoned; and
(b)
it did not investigate the reports that 2 Māori had been poisoned which it received in August 1847 after the fighting in Whanganui had ended; and
(c)
Ngā Hapū o Te Iwi o Whanganui have long held the view that flour poisoned by settlers found its way upriver and caused many deaths in the mid-19th century. The sense of grievance and mamae felt by Ngā Hapū o Te Iwi o Whanganui in relation to these events persists to this day.
Ngā Hapū o Te Iwi o Whanganui tūpuna expectations of 1848 transaction
(5)
The Crown acknowledges that the 1848 Whanganui transaction was a significant moment in the relationship between Ngā Hapū o Te Iwi o Whanganui tūpuna and the Crown. When many rangatira of Ngā Hapū o Te Iwi o Whanganui entered into this transaction, they saw it as part of building a relationship with the Crown that was enduring and mutually beneficial.
1848 transaction
(6)
The Crown acknowledges that the 1848 Whanganui Block Transaction was represented to Ngā Hapū o Te Iwi o Whanganui tūpuna as the completion of Commissioner Spain’s recommended award, which provided for the New Zealand Company to receive a 40,000 acre grant in return for a £1,000 payment. However, the Crown failed to inform Ngā Hapū o Te Iwi o Whanganui tūpuna that, even though they still only received a payment of £1,000, the area the Crown surveyed and included in this transaction more than doubled Spain’s award. This did not meet the standards of utmost good faith and fair dealing that found expression in te Tiriti o Waitangi/the Treaty of Waitangi. This was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
1848 reserves
(7)
The Crown acknowledges that it sought considerable compromises from tūpuna of Ngā Hapū o Te Iwi o Whanganui over the location and extent of reserves in the 1848 Whanganui transaction. While tūpuna successfully bargained to add some good land to the reserves they retained, overall, they made significant and painful compromises on the location and extent of reserves. As a result, the reserves made from the transaction are a strongly-felt grievance for Ngā Hapū o Te Iwi o Whanganui.
(8)
The Crown also acknowledges that the negotiated reserves in the 1848 Whanganui transaction did not include some pā and kāinga still in use, including Pākaitore, a fishing kāinga where many iwi and hapū from along the Whanganui River stayed for seasonal fishing. This area became a marketplace, then a public park known as Moutoa Gardens, and Whanganui tūpuna were no longer able to stay there. Loss of control over Pākaitore remains a significant grievance and cause of mamae for Ngā Hapū o Te Iwi o Whanganui.
War in 1860s
(9)
The Crown acknowledges that—
(a)
its military aggression in Taranaki during the 1860s forced Whanganui Māori to make difficult decisions about their allegiance to the Crown, and led to great tensions in the Whanganui district; and
(b)
these tensions culminated in armed conflict between Whanganui Māori at Moutoa Island in 1864; and
(c)
these conflicts caused significant injury and death, and created rifts within and between hapū and whānau of Whanganui that have remained a source of grief and hurt ever since.
The Crown’s responsibility for war in Whanganui in 1860s
(10)
The Crown acknowledges that it was ultimately responsible for the outbreak of warfare between the Kīngitanga and the Crown in Whanganui that began at Ōhoutahi pā and ended at Pīpīriki in 1865, and in which tūpuna of Ngā Hapū o Te Iwi o Whanganui were involved as both Kīngitanga supporters and as Crown allies. The Crown acknowledges that its actions were a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
The Crown’s divisive labelling of Ngā Hapū o Te Iwi o Whanganui tūpuna
(11)
The Crown acknowledges that the distinction it made during the New Zealand Wars between up-river Whanganui Māori it labelled as hostile, and down-river Whanganui Māori it considered to be friendly, helped to create tensions. These tensions have caused discord and enmity within Ngā Hapū o Te Iwi o Whanganui, between these hapū and others, and between hapū and the Crown, and remain a considerable source of grievance for Ngā Hapū o Te Iwi o Whanganui.
Native land laws
(12)
The Crown acknowledges that—
(a)
it did not consult Ngā Hapū o Te Iwi o Whanganui about the introduction of the native land laws; and
(b)
the operation and impact of the native land laws, in particular the awarding of land titles to individuals and enabling of individuals to deal with that land without reference to iwi and hapū, made those lands more susceptible to partition, fragmentation, and alienation. This contributed to the erosion of the traditional tribal structures of Ngā Hapū o Te Iwi o Whanganui. The Crown failed to actively protect those structures, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Excessive survey costs incurred in sale of Ōtaranoho block
(13)
The Crown acknowledges that the survey costs charged to tūpuna of Ngā Hapū o Te Iwi o Whanganui were, in some cases, a significant burden. In particular, the Crown acknowledges that survey costs associated with the Ōtaranoho block were an unreasonable burden on Ngā Hapū o Te Iwi o Whanganui tūpuna, and that its failure to protect tūpuna of Ngā Hapū o Te Iwi o Whanganui from this burden breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Kemp’s Trust
(14)
The Crown acknowledges that the attempt to establish Kemp’s Trust in 1880 was an effort by Ngā Hapū o Te Iwi o Whanganui to provide for collective control over their land. However, the Crown did not provide an effective form of collective title until 1894, and this failure was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Parihaka
(15)
The Crown acknowledges that in the 1870s and early 1880s, tūpuna of Ngā Hapū o Te Iwi o Whanganui were among Māori from many rohe drawn to the village of Parihaka. Large numbers of these tūpuna lived at Parihaka as followers of Te Whiti-o-Rongomai and Tohu Kākahi. Others travelled to Parihaka monthly from their kāinga in Whanganui. These tūpuna were among those who suffered from the Crown’s acts and omissions at Parihaka.
(16)
The Crown acknowledges that—
(a)
it imprisoned members of Ngā Hapū o Te Iwi o Whanganui for their participation in the peaceful resistance campaign initiated at Parihaka in 1879 and 1880; and
(b)
legislation was enacted that “suspended the ordinary course of law”
and as a result, tūpuna of Ngā Hapū o Te Iwi o Whanganui were detained without trial; and
(c)
the detention of these tūpuna without trial for an unreasonably lengthy period assumed the character of indefinite detention; and
(d)
the imprisonment of tūpuna of Ngā Hapū o Te Iwi o Whanganui in South Island gaols for political reasons inflicted unwarranted hardships on them and on members of their whānau and hapū; and
(e)
the treatment of these political prisoners—
(i)
was wrongful, a breach of natural justice, and deprived them of basic human rights; and
(ii)
was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(17)
The Crown acknowledges that—
(a)
it inflicted serious damage on Parihaka and assaulted the human rights of the people residing there during its invasion and subsequent occupation of the settlement; and
(b)
it forcibly removed many inhabitants, destroyed and desecrated their homes and sacred buildings, stole heirlooms, systematically destroyed large cultivations and livestock, forced tūpuna of Ngā Hapū o Te Iwi o Whanganui to return to Whanganui, and regulated entry into Parihaka; and
(c)
its actions were a complete denial of the Māori right to develop and sustain autonomous communities in a peaceful manner; and
(d)
its treatment of tūpuna of Ngā Hapū o Te Iwi o Whanganui at Parihaka was unconscionable and unjust, and these actions constituted a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Vested lands
(18)
The Crown acknowledges that—
(a)
Ngā Hapū o Te Iwi o Whanganui vested approximately 80,000 acres in the Aotea District Maori Land Council between 1903 and 1905; and
(b)
Ngā Hapū o Te Iwi o Whanganui owners expected that the land they vested would be leased to settlers for two 21-year lease periods and then returned to their control; and
(c)
near the end of the first lease period, the Crown became aware that the owners would not be able to resume control of their vested lands because they would not be able to afford to pay the compensation for improvements the lessees were entitled to, but did not take steps to address the issue until the 1950s; and
(d)
the Crown’s failure to make arrangements for Ngā Hapū o Te Iwi o Whanganui to resume control of their vested lands in a reasonable and timely manner was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Public works: general acknowledgement
(19)
The Crown acknowledges that it compulsorily acquired over 2,200 acres of land from blocks in which tūpuna of Ngā Hapū o Te Iwi o Whanganui held interests through takings of land for public works during the 19th and 20th centuries. The Crown also acknowledges that, during this period, non-Crown entities acquired land from Ngā Hapū o Te Iwi o Whanganui for local public works, including land at Kai Iwi. Many of these takings have given rise to long-standing grievances still felt by Ngā Hapū o Te Iwi o Whanganui today.
Public works: Kaiwhaiki Quarry
(20)
In 1878, the Crown intervened between tūpuna of Ngā Hapū o te Iwi o Whanganui and the Wanganui Harbour Board to broker an arrangement for the Board to quarry stone on hapū land at Kaiwhaiki. The Crown pressured tūpuna of Ngā Hapū o te Iwi o Whanganui that, if “amicable terms”
were not reached with the Board, the land could be compulsorily acquired. The Crown acknowledges that it failed to actively protect Ngā Hapū o Te Iwi o Whanganui when it threatened that the land could be taken by the Board, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Grievance around compulsory acquisition of Kaiwhaiki Quarry
(21)
The Crown acknowledges that in 1920, the Wanganui Harbour Board, after paying royalties to Kaiwhaiki Māori for some 40 years, compulsorily acquired the Kaiwhaiki Quarry for a price that Ngā Hapū o Te Iwi o Whanganui saw as unequal to the quarry’s value. The owners lost access to their land and saw wāhi tapu on the land destroyed, and the taking remains a grievance to this day.
Gifted school sites not returned to hapū
(22)
The Crown acknowledges that Ngā Hapū o Te Iwi o Whanganui gifted lands to the Crown to be used for schools. Some of these sites were not returned to the original owners or their descendants after the schools ceased operation, and this remains a grievance for hapū.
Disposal of Koriniti School
(23)
The Crown acknowledges that in 1899, tūpuna of Ngā Hapū o Te Iwi o Whanganui gifted land to the Crown for a school in Koriniti, which served the Koriniti community for 70 years. In 1977, the Crown sold this land without taking reasonable steps to investigate whether it had originally been gifted and therefore should be returned to the descendants of the original owners. The Crown’s failure to adequately inform itself of the circumstances in which this land came into Crown ownership breached its duty to actively protect the interests of tūpuna of Ngā Hapū o Te Iwi o Whanganui and te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Public works: Parapara Road
(24)
The Crown acknowledges that in the early and mid-1900s, it compulsorily acquired land from the Ngāpukewhakapū block for the construction and maintenance of Parapara Road, now State Highway 4. The road was routed through Ōtoko papakāinga, a place of cultural and spiritual significance with connections to the Ringatū faith and its prophet Te Kooti, dividing the settlement in 2. Later works widened the road. The works resulted in damage to nearby wāhi tapu, including Kākātahi urupā, and the sacred pōhutukawa tree Te Kāhui o Ngā Rangatahi. The Crown acknowledges the grievances held by the people of Ōtoko about the highway that bisects their papakāinga.
Public works: Ātene dam
(25)
The Crown acknowledges that Ngā Hapū o Te Iwi o Whanganui tūpuna were not consulted or notified of the 1958 Order in Council that enabled the Crown to carry out exploratory works at Ātene for a prospective dam. The Crown further acknowledges that tūpuna of Ngā Hapū o Te Iwi o Whanganui were distressed at the prospect of flooding from the proposed Ātene dam destroying their homes, marae, sites of significance, and wāhi tapu. Ngā Hapū o Te Iwi o Whanganui remember that, in the late 1950s and early 1960s, concern about flooding led some to leave their homes, relocate kōiwi from their burial places, and bury relatives away from ancestral urupā. The Crown wishes to acknowledge the mamae felt by these tūpuna.
Compulsory acquisition of Whanganui River Scenic Reserves
(26)
The Crown acknowledges that it did not adequately consult with Ngā Hapū o Te Iwi o Whanganui or fairly balance their interests and the public interest when it acquired their land for scenery preservation. These failures led the Crown to compulsorily acquire 2,745.5 acres of hapū land along the banks of the Whanganui River including farmland and urupā, and land that some hapū members needed to sustain themselves. This was a breach of the Crown’s duty of active protection under te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Whanganui National Park incorporation of scenic reserves
(27)
The Crown further acknowledges that in 1987, it included some scenic reserves in the Whanganui National Park, which has intensified the prejudice suffered by Ngā Hapū o Te Iwi o Whanganui as it has further limited their ability to practice their kaitiakitanga over their land and resources.
Pensions discrimination
(28)
The Crown acknowledges that Māori, including members of Ngā Hapū o Te Iwi o Whanganui, suffered discrimination through receiving lower old-age pensions than many other New Zealanders during the first 4 decades of the 20th century and that, in discriminating against these members of Ngā Hapū o Te Iwi o Whanganui in this manner, it breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Environmental degradation
(29)
The Crown acknowledges that since the middle of the 19th century, the lands, forests, and waterways within the rohe of Ngā Hapū o Te Iwi o Whanganui have undergone significant, and in many cases detrimental and irreversible, changes that have been and remain profoundly distressing to Ngā Hapū o Te Iwi o Whanganui, including—
(a)
the removal of native forests for pasture, which resulted in land erosion and the siltation of many waterways; and
(b)
the discharge of sewage, animal effluent, landfill contaminants, and industrial and domestic wastewater into the waterways of the rohe, which has reduced their water quality and negatively impacted some populations of native freshwater species that hapū have relied upon for sustenance; and
(c)
the introduction of birds, animals, and fish into the rohe of Ngā Hapū o Te Iwi o Whanganui, which have had a harmful impact on native ecologies.
(30)
The Crown further acknowledges that harm to the environment in their rohe has contributed to the erosion of mātauranga among Ngā Hapū o Te Iwi o Whanganui, and has undermined their ability to exercise kaitiakitanga over many of their natural resources and taonga.
Te reo Māori
(31)
The Crown acknowledges that it failed actively to protect te reo Māori and encourage its use by iwi and Māori, which had a detrimental impact on te reo Māori in the Whanganui rohe, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Te reo Māori punishment in schools
(32)
The Crown acknowledges that children of Ngā Hapū o Te Iwi o Whanganui suffered harm by being punished for speaking their own language in Crown-established schools for many decades.
Socio-economic issues
(33)
The Crown acknowledges that, from the late 19th century and into the 20th century, Ngā Hapū o Te Iwi o Whanganui have suffered from substandard housing conditions, fewer employment opportunities, and poor health outcomes. The educational system has had low expectations and outcomes, which afflicted generations of Whanganui Māori children. This socio-economic deprivation has left members of Ngā Hapū o Te Iwi o Whanganui with little choice but to leave their kāinga and some have become disconnected from their hapū and tūrangawaewae. The Crown further acknowledges that Ngā Hapū o Te Iwi o Whanganui have remained resilient in these circumstances and work tirelessly to uphold their values, culture, and identity.
12 Apology
The text of the Apology offered by the Crown to Ngā Hapū o Te Iwi o Whanganui, as set out in He Rau Tukutuku, is as follows:
Te Reo Māori
“(a)
Ki a koutou, ki Ngā Hapū o te Iwi o Whanganui, otirā, ki ō koutou tūpuna, ki ā koutou mokopuna, ahakoa kei hea rā koutou, tēnei te whakapāha tōmuri mārika nei a te Karauna.
(b)
E whakapāha nei te Karauna, i te korenga ōna i whakahōnore i āna kawenga ki a koe, hei hoa Tiriti. I uru mai koutou ki te hokonga o te tau 1848 mō tētehi poraka whenua i aroha nuitia e koutou, e whai ana kia whakakaha ake i te whanaungatanga ki te Karauna. Ka nui rā te āwhitu o te Karauna i te korenga ōna i ū ki te tika me te pono i ana whiriwhiringa ki a koutou i taua hokonga. Kāore i tika tā te Karauna whiriwhiri i te utu mō ō koutou whenua, me te aha, ka riro ō koutou kāinga i ngā whenua kīhai i rāhuitia.
(c)
E whakapāha kau ana te Karauna i te hē o tana pei i ō tūpuna ki Tāhimānia i te tau 1846, ā, ka whakaūngia te ture ā-ope kātua i te tau 1847 ahakoa kāore nei e nui te parahautanga. Ka nui te āwhitu o te Karauna i hua ai i āna mahi i te ngahuru tau 1860 ko te pakanga, ko te riringitanga o te toto ki Whanganui. Ka mutu, e whakapāha atu nei, nāna i tupu ai te taukumekume i waenga i ngā hapū, he nui tonu rātou i utaina ki ngā karangatanga wehewehe a te Karauna, i kīia rā he hunga whakamoho, tae atu ki te māteatea mauroa i hua ake.
(d)
I ngā tau whai muri i te pakanga, he tokopae ō koutou tūpuna i piri atu ki te iwi i Parihaka, ā, ka mārire te ātete atu ki te Karauna. Ko tā te Karauna whakautu atu, he mauhere, he herehere, he pei atu i ō koutou tūpuna i ō rātou kāinga i Parihaka, me te aha, hei konei te whakapāha nui.
(e)
E whakaae ana te Karauna ki te ū a tō koutou iwi me ō koutou hapū ki tō koutou whenua me tō koutou rangatiratanga. Heoi, ko tā te Karauna he whakaara ake i ngā ture i takitahi ai ngā pānga whenua, ka kōkiri ai i te rironga atu o tētehi wāhanga nui o ō koutou whenua. Nā aua ture i takahi ngā tikanga me ngā ritenga a ō koutou hapū me tō koutou iwi, me te aha, tēnei rā te whakapāha a te Karauna. Nā te Karauna anō i tango, tērā anō te wā, nāna hoki i tūkino ō koutou whenua i te mahinga o ngā hanganga tūmatanui, ka riro mai hoki te manomano eka whenua mō ngā rāhui whakaariari i ngā tahataha o te awa o Whanganui. Ka nui te whakapāha a te Karauna i te korenga ōna i āta tiaki i tō mana whakahaere tōpū ki ngā takiwā rahi o te whenua i puritia tonuhia e koutou, ka mutu, i te rironga atu o ngā whenua i ngau kino i a koutou, i whakaparahakotia ai koutou i tō koutou ake whenua. Ka nui te whakapāha a te Karauna i te pākinotia o tō koutou iwi e te rawakore me te pōharatanga, i wehe atu ai te tokopae i ō rātou kāinga, i momotu ai hoki ngā taura here ki ngā tūrangawaewae, tae atu hoki ki te korenga o te Karauna i atawhai i te reo Māori i te rohe o Whanganui.
(f)
E Ngā Hapū o te Iwi o Whanganui, kua manawa piharau koutou ki te tiaki i tō koutou iwi, kia mau ai te rongo, kia toitū ai te ora. Ka nui te mana o ā koutou mahi i te whanaungatanga mai ki te Karauna. Heoi, i ētehi wā, ko tā te Karauna he takahi kē i taua whanaungatanga. Ka nui rā te ngākau pōuri me te whakaae ki ana tini hapa, tēnei te whakapāha a te Karauna i te kino o tāna takahi i te Tiriti o Waitangi, otirā i a koutou. Tēnei ka whakamānawa i tō koutou manawanui.
(g)
Mā tēnei whakataunga, mā tēnei whakapāha anō hoki, ko te tūmanako o te Karauna kia ea te kino kua tau ki runga ki a koutou, ka mutu, kia whakahokia te hōnore i takakinotia. I te tau 1869, i whakaatuhia mai e ō koutou rangatira te Whiritaunoka ki te Karauna, he tohu o te tūmanako kia mutu te riri i waenga i a tāua, otirā, “kia pai ake āpōpō”
. Tēnei te Karauna e whai ana, i roto i te ngākau pāpaku, ki te whakautu i te hohounga o te rongo kua roa e tāria ana, kia ū hoki ki ngā tūmanako o te Tiriti o Waitangi. E ngākaunui ana te Karauna ki te whakawhanake anō i te whanaungatanga ki a koutou, ki ā koutou tamariki me ā koutou mokopuna, otirā, kia pai ake ai ngā rā te tū mai nei.”
English
“(a)
To you, Ngā Hapū o Te Iwi o Whanganui, and to your tūpuna and your mokopuna, wherever you stand, the Crown offers this long-overdue apology.
(b)
The Crown is sincerely sorry that it has failed to honour its obligations to you as a Treaty partner. You entered into the 1848 transaction for a block of your treasured whenua seeking to strengthen an enduring relationship with the Crown. The Crown profoundly regrets its failure to negotiate this transaction with you in utmost good faith. The Crown did not negotiate the price for your land fairly, and you lost kāinga on the lands that were not reserved.
(c)
The Crown sincerely apologises that it unjustly exiled your tūpuna to Tasmania in 1846 and extended martial law in 1847 without sufficient justification. The Crown profoundly regrets that its actions in the 1860s led to war and bloodshed in Whanganui. It is particularly sorry it caused tensions between hapū, many of whom it divisively labelled as hostile, and for the long-lasting stigma that resulted.
(d)
In the years following the war, many of your tūpuna joined the community at Parihaka and engaged in peaceful resistance against the Crown. In response, the Crown arrested, imprisoned, and forcibly drove away your tūpuna from their homes at Parihaka, and for this it is deeply remorseful.
(e)
The Crown acknowledges the commitment of your iwi and hapū to their whenua and rangatiratanga. However, the Crown promoted land laws that individualised ownership of your whenua and facilitated alienation of much of your land. These laws undermined your hapū and iwi structures, and for this the Crown is deeply sorry. The Crown also took, and in some cases damaged, your land for public works, and took thousands of acres for scenery preservation along the Whanganui River. The Crown is sincerely sorry for its failure to protect your collective control over large areas of land you still retained, and for the bitter losses of other land, which left you feeling marginalised in your own whenua. The Crown deeply regrets that your people have suffered from socio-economic deprivation which has led many to leave their kāinga and to become disconnected from their tūrangawaewae, and for its failure to protect te reo Māori within the Whanganui rohe.
(f)
Ngā Hapū o Te Iwi o Whanganui, you have sought always to protect your people, and secure peace and prosperity for them. You have acted with great mana in your relationship with the Crown. However, the Crown has at times disrespected your friendship. With great remorse and in recognition of its many failings, the Crown sincerely apologises for its grievous breaches of te Tiriti o Waitangi/the Treaty of Waitangi against you, and pays tribute to your resilience.
(g)
With this settlement and this apology, the Crown hopes to atone for the harm it has inflicted on you, and restore its tarnished honour. In 1869, your rangatira held out the symbol of Whiritaunoka (knotted taunoka/broom stems) to the Crown, a token of hope for the end of conflict between us and “better times in the future”
. The Crown humbly seeks, at long last, to respond with reconciliation and truly live up to the aspirations of te Tiriti o Waitangi/the Treaty of Waitangi. The Crown looks forward to rebuilding its relationship with you, your tamariki, and your mokopuna, and to better times.”
Interpretation provisions
13 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 He Rau Tukutuku.
14 Interpretation
(1)
In this Act, unless the context otherwise requires,—
administering body has the meaning given in section 2(1) of the Reserves Act 1977
aquatic life has the meaning given in section 2(1) of the Conservation Act 1987
attachments means the attachments to He Rau Tukutuku
commercial redress property has the meaning given in section 140
Commissioner of Crown Lands means the Commissioner of Crown Lands appointed in accordance with section 24AA of the Land Act 1948
consent authority has the meaning given in section 2(1) of the Resource Management Act 1991
conservation area has the meaning given in section 2(1) of the Conservation Act 1987
conservation legislation means—
(a)
the Conservation Act 1987; and
(b)
the enactments listed in Schedule 1 of that Act
conservation management plan has the meaning given in section 2(1) of the Conservation Act 1987
conservation management strategy has the meaning given in section 2(1) of the Conservation Act 1987
Crown has the meaning given in section 2(1) of the Public Finance Act 1989
cultural redress property has the meaning given in section 66
deed of recognition—
(a)
means a deed of recognition issued under section 41 by the Minister of Conservation and the Director-General; and
(b)
includes any amendments made under section 41(3)
deferred selection property has the meaning given in section 140
Director-General means the Director-General of Conservation
documents schedule means the documents schedule of He Rau Tukutuku
effective date means the date that is 6 months after the settlement date
He Rau Tukutuku—
(a)
means the deed of settlement dated 2 May 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)
Richard Kingi, Ken Robert Mair, Desmond Canterbury, George Matthews, Hone Tamehana, Kieran “Kahurangi”
Simon, Novena McGuckin, Dr Rawiri Tinirau, Dr Brendon “Te Tiwha”
Puketapu, Tina Green, Turama Hawira, Aimee Simon, and John Niko Maihi, for and on behalf of Ngā Hapū o Te Iwi o Whanganui; and
(iii)
Ken Robert Mair, Richard Kingi, Desmond Canterbury, Hone Tamehana, Kieran “Kahurangi”
Simon, Novena McGuckin, and Dr Brendon “Te Tiwha”
Puketapu, being the trustees of Takapau Whāriki 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
historical claims has the meaning given in section 16
interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property
licensed land has the meaning given in section 140
LINZ means Land Information New Zealand
local authority has the meaning given in section 5(1) of the Local Government Act 2002
member of Ngā Hapū o Te Iwi o Whanganui means an individual referred to in section 15(1)(a)
national park management plan has the meaning given to management plan in section 2 of the National Parks Act 1980
Ngā Tūtei a Maru means the board established by section 120
overlay classification has the meaning given in section 46
property redress schedule means the property redress schedule of He Rau Tukutuku
record of title has the meaning given in section 5(1) of the Land Transfer Act 2017
regional council has the meaning given in section 2(1) of the Resource Management Act 1991
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 15(1)(a); or
(ii)
1 or more members of Ngā Hapū o Te Iwi o Whanganui; or
(iii)
1 or more of the whānau, hapū, or groups referred to in section 15(1)(c)
reserve has the meaning given in section 2(1) of the Reserves Act 1977
reserve property has the meaning given in section 66
resource consent has the meaning given in section 2(1) of the Resource Management Act 1991
RFR means the right of first refusal provided for by subpart 5 of Part 3
RFR area has the meaning given in section 155
RFR land has the meaning given in section 156
settlement date means the date that is 40 working days after the date on which this Act comes into force
settlement redress area means the area shown as the Ngā Hapū o Te Iwi o Whanganui settlement redress area in part 1 of the attachments
statutory acknowledgement has the meaning given in section 32
tikanga means customary values and practices
Takapau Whāriki Trust means the trust of that name established by a trust deed dated 2 May 2026
trustees of Takapau Whāriki Trust and trustees mean the trustees, acting in their capacity as trustees, of Takapau Whāriki 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 day observed as the anniversary of the province of Wellington.
(2)
In this Act, a reference to the vesting of a cultural redress property, or the vesting of the fee simple estate in a cultural redress property, includes the vesting of an undivided share of the fee simple estate in the property.
15 Meaning of Ngā Hapū o Te Iwi o Whanganui
(1)
In this Act, Ngā Hapū o Te Iwi o Whanganui—
(a)
means the collective group composed of individuals who are descended from a Ngā Hapū o Te Iwi o Whanganui tupuna; and
(b)
includes those individuals; and
(c)
includes every whānau, hapū, or group to the extent that it is composed of those individuals, including the following descent groups:
(i)
Ngā Paerangi; and
(ii)
Ngā Poutama; and
(iii)
Ngāti Hau (shared); and
(iv)
Ngāti Haunui ā Paparangi; and
(v)
Ngāti Hinearo; and
(vi)
Ngāti Hine kōrako; and
(vii)
Ngāti Hineoneone; and
(viii)
Ngāti Hine o Te Rā; and
(ix)
Ngāti Kauika (shared); and
(x)
Ngāti Kurawhatia (shared); and
(xi)
Ngāti Pāmoana; and
(xii)
Ngāti Patutokotoko (shared); and
(xiii)
Ngāti Ruakā; and
(xiv)
Ngāti Tānewai; and
(xv)
Ngāti Tuera; and
(xvi)
Ngāti Tūmango; and
(xvii)
Ngāti Tūpoho; and
(xviii)
Tamareheroto (shared); and
(xix)
Te Awa Iti (including Ngāti Hine, Ngāti Ruawai, and Ngāti Waikarapu); and
(xx)
the descendants of Wainu rāua ko tāna tāne ko Tukorero.
(2)
All the historical claims based on descent from Wainu rāua ko tāna tāne ko Tukorero have been settled through the Ngāti Apa (North Island) Deed of Settlement and the Ngāti Apa (North Island) Claims Settlement Act 2010.
(3)
In subsection (1)(c), a reference to shared denotes that some of the historical claims of these groups have been included in other settlements as follows because those groups met the relevant claimant definition in those other settlements:
(a)
some historical claims of Ngāti Kurawhatia and Ngāti Hau have been included in the Te Korowai o Wainuiārua settlement (see Te Korowai o Wainuiārua Claims Settlement Act 2025):
(b)
some historical claims of Ngāti Patutokotoko have been included in—
(i)
the Te Korowai o Wainuiārua and Ngāti Rangi settlements (see Te Korowai o Wainuiārua Claims Settlement Act 2025 and Ngāti Rangi Claims Settlement Act 2019); and
(ii)
the Ngāti Hāua settlement through Ngāti Hekeāwai; and
(c)
some historical claims of Tamareheroto and Ngāti Kauika have been included in the Ngaa Rauru Kiitahi settlement (see Ngaa Rauru Kiitahi Claims Settlement Act 2005).
(4)
In this section and section 16,—
descended means that a person is descended from another person by—
(a)
birth; or
(b)
legal adoption; or
(c)
whāngai in accordance with Ngā Hapū o Te Iwi o Whanganui tikanga
Ngā Hapū o Te Iwi o Whanganui tupuna means an individual who—
(a)
exercised tūpuna rights by virtue of being descended from—
(i)
one or more of the following:
(A)
Ruatipua:
(B)
Paerangi:
(C)
Haunui a Paparangi:
(D)
Hinengakau:
(E)
Tamaupoko:
(F)
Tupoho; and
(ii)
a recognised tupuna of a descent group listed in subsection (1)(c); and
(b)
exercised the tūpuna rights predominantly in relation to the settlement redress area at any time after 6 February 1840
tikanga means customary values and practices
tūpuna rights means rights exercised according to tikanga Māori, including—
(a)
rights to occupy land; and
(b)
rights in relation to the use of land or other natural or physical resources
whāngai means customary adoption in accordance with the tikanga of the group concerned.
16 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 Ngā Hapū o Te Iwi o Whanganui 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 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 Ngā Hapū o Te Iwi o Whanganui or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:
(i)
Wai 180—Koroniti School Site claim:
(ii)
Wai 214—Parikino Block claim:
(iii)
Wai 584—Paetawa Block claim:
(iv)
Wai 671—Whanganui Groundwater claim:
(v)
Wai 978—Te Tupoho Whanganui Land Purchase 1848 claim:
(vi)
Wai 999—Te Poho Matapihi Trust Reserved Lands claim:
(vii)
Wai 1028—Ngāti Hineoneone Te Tuhi Block claim:
(viii)
Wai 1051—Ngā Paerangi Descendants Native Land Court claim:
(ix)
Wai 1070—Te Tuhi Block claim:
(x)
Wai 1107—Te Korowai o Te Awaiti claim:
(xi)
Wai 1143—Ngāti Hinearo and Ngāti Tuera alienation claim:
(xii)
Wai 1483—Ngāti Tānewai claim:
(xiii)
Wai 1604—Ōhotu 6F1 Block (Ngāti Waikarapu) claim:
(xiv)
Wai 1636—Waipakura Block (Tamehana) 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 Ngā Hapū o Te Iwi o Whanganui or a representative entity:
(i)
Wai 48—Whanganui Ki Maniapoto claim:
(ii)
Wai 167—Whanganui River claim:
(iii)
Wai 428—Pipiriki Township claim:
(iv)
Wai 505—Wanganui and Waitotara Blocks claim:
(v)
Wai 634—Māori Land and the Laws of Succession claim:
(vi)
Wai 759—Whanganui Vested Lands claim:
(vii)
Wai 979—Ngāti Hau Lands Transfer claim:
(viii)
Wai 1105—Upper Waitotara River Land Blocks claim:
(ix)
Wai 1229—Atihau Lands claim:
(x)
Wai 1254—Ngā Poutamanui-a-Awa Lands & Resources claim:
(xi)
Wai 1607—Ngāti Kurawhatia Lands claim:
(xii)
Wai 1637—Te Atihau Nui a Paparangi (Taiaroa and Mair) claim:
(xiii)
Wai 2157—Te Wai Nui a Rua (Ranginui and Ranginui-Tamakehu) claim:
(xiv)
Wai 2158—Descendants of Tamakehu (M Tamakehu and J Tamakehu) claim:
(xv)
Wai 2218—Ngā Wairiki Lands Policies (Waitai) claim, as it relates to the Ngā Hapū o te Iwi o Whanganui aspects of this claim (while the Ngā Wairiki me Ngāti Apa aspects of the claim have been settled by the Ngāti Apa (North Island) deed of settlement and the Ngāti Apa (North Island) Claims Settlement Act 2010):
(xvi)
Wai 2278—Whanganui Mana Wahine (Waitokia) claim.
(4)
However, the historical claims do not include—
(a)
a claim that a member of Ngā Hapū o Te Iwi o Whanganui, or a whānau, hapū, or group referred to in section 15(1)(c), had or may have that is founded on a right arising by virtue of being descended from a tupuna who is not a tupuna of Ngā Hapū o Te Iwi o Whanganui; or
(b)
a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a); or
(c)
subject to subsection (5), any claim made by a member of any of—
(i)
Ngāti Kurawhatia:
(ii)
Ngāti Hau:
(iii)
Ngāti Haunui ā Paparangi:
(iv)
Tamareheroto:
(v)
Ngāti Kauika:
(vi)
Ngāti Patutokotoko.
(5)
Subsection (4)(c) applies, but only to the extent that a claim is a historical claim referred to in this subsection and—
(a)
has been settled by the Ngāti Hāua Claims Settlement Act 2026, the Ngaa Rauru Kiitahi Claims Settlement Act 2005, the Ngāti Rangi Claims Settlement Act 2019, or the Te Korowai o Wainuiārua Claims Settlement Act 2025; or
(b)
is agreed to be settled as recorded in the deed of settlement between Ngāti Hāua and the Crown and dated 29 March 2025; or
(c)
is settled by legislation giving effect to the deed of settlement referred to in paragraph (b).
(6)
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
17 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 He Rau Tukutuku.
(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)
He Rau Tukutuku; or
(c)
this Act; or
(d)
the redress provided under He Rau Tukutuku 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 He Rau Tukutuku or this Act.
Amendment to Treaty of Waitangi Act 1975
18 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:
Ngā Hapū o Te Iwi o Whanganui Claims Settlement Act 2026, section 17(4) and (5)
Resumptive memorials no longer to apply
19 Certain enactments do not apply
(1)
The enactments listed in subsection (2) do not apply—
(a)
to the licensed land; or
(b)
to a deferred selection property (other than a property that is also RFR land) on and from the date of its transfer to the trustees; or
(c)
to the RFR land referred to in section 156(1)(a); or
(d)
to land in the RFR area; or
(e)
to land within the “Removal of Resumptive Memorials Area”
shown on SO 614162; or
(f)
for the benefit of Ngā Hapū o Te Iwi o Whanganui 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.
20 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 is subject to a resumptive memorial recorded under an enactment listed in section 19(2) and that—
(a)
is all or part of—
(i)
the licensed land:
(ii)
a deferred selection property (other than a property that is also RFR land):
(iii)
the RFR land referred to in section 156(1)(a):
(b)
is solely within the RFR area:
(c)
is solely within the “Removal of Resumptive Memorials Area”
shown on SO 614162.
(2)
The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after—
(a)
the settlement date, for the licensed land, the RFR land referred to in section 156(1)(a), each allotment that is solely within the RFR area, or each allotment that is solely within the “Removal of Resumptive Memorials Area”
shown on SO 614162; or
(b)
the date of transfer of the property to the trustees, for a deferred selection property (other than a property that is also RFR land).
(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 19(2) on a record of title identified in the certificate, but only in respect of each allotment described in the certificate.
Effect of Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
21 Land subject to Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
(1)
This section applies if, at the time land is vested or transferred in accordance with this Act, the description of the land includes, or may include, part of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5 of Part 2 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.
(2)
Despite any other provision in this Act or the deed,—
(a)
no part of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5 of Part 2 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 vests or is transferred in accordance with this Act; and
(b)
the conservation status declared by section 42(1)(a) or (c) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 no longer applies to any part of the bed; and
(c)
any conservation status applied to the land does not apply to any part of the bed; and
(d)
section 42(2) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 does not apply to any part of the bed.
(3)
If the land is a cultural redress property, a written application under section 98 must include a statement that this section applies and that the record of title for the land excludes all parts of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5 of Part 2 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 that are included or may be included in the description of the land.
(4)
In respect of any other land, a transfer instrument must include a statement that this section applies and that the record of title for the land excludes all parts of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5 of Part 2 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 that are included or may be included in the description of the land.
(5)
The Registrar-General must, on receipt of a written application or a transfer instrument in respect of the land, note on the record or records of title that—
(a)
the land is subject to section 21 of the Ngā Hapū o Te Iwi o Whanganui Claims Settlement Act 2026; and
(b)
the land excludes all parts of the bed of the Whanganui River vested in Te Awa Tupua under subpart 5 of Part 2 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 that are included or may be included in the description of the land.
(6)
A person may apply for the notations entered under subsection (5) to be removed by providing a certificate to the Registrar-General from a licensed cadastral surveyor that certifies that the land does not include part of the bed of the Whanganui River vested in Te Awa Tupua.
(7)
The Registrar-General must, as soon as is reasonably practicable after receiving the certificate, remove the notations entered under subsection (5) from each record of title identified in the certificate.
(8)
If the licensed cadastral surveyor’s certificate relates to land that, immediately before its vesting or transfer under this Act, was subject to the Conservation Act 1987 or the Reserves Act 1977, the surveyor must provide a copy of the certificate to the Director-General of Conservation.
(9)
Despite anything in the Land Transfer Act 2017, a part of the bed of the Whanganui River subject to notation under subsection (5) is not required to be surveyed for the purposes of that Act if the part of the bed has an average width of less than 3 metres.
(10)
In this section,—
bed has the meaning given in section 7 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
conservation status means the status of any land as a conservation area or a reserve
licensed cadastral surveyor has the same meaning as in section 4 of the Cadastral Survey Act 2002
Te Awa Tupua means the legal person created by section 14 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
Whanganui River has the meaning given in section 39 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.
22 This Act does not override Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
Except as provided in section 21(2)(b) and (d), nothing in this Act overrides the provisions of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.
Miscellaneous matters
23 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)
Takapau Whāriki 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 He Rau Tukutuku 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 Takapau Whāriki Trust is or becomes a charitable trust, the trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019.
24 Treatment of Takapau Whāriki Trust under Te Ture Whenua Maori Act 1993
(1)
Takapau Whāriki Trust is not a trust constituted in respect of—
(a)
any Maori land for the purposes of section 236(1)(b) of Te Ture Whenua Maori Act 1993; or
(b)
any General land owned by Maori for the purposes 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.
25 Access to He Rau Tukutuku
The chief executive of the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau must make copies of He Rau Tukutuku 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—Protocols
26 Interpretation
In this subpart,—
protocol—
(a)
means each of the following protocols issued under section 27(1) or (2):
(i)
the Crown minerals protocol:
(ii)
Appendix B of the Te Tomokanga Tiaki Taonga; and
(b)
includes any amendments made under section 27(3)
responsible Minister means the 1 or more Ministers who have responsibility under a protocol
Te Tomokanga Tiaki Taonga means the document entered into under clause 8.4 of He Rau Tukutuku (in the form set out in part 5.2 of the documents schedule).
General provisions applying to protocols
27 Issuing, amending, and cancelling protocols
(1)
The responsible Minister must issue the Crown minerals protocol to the trustees on the terms set out in part 4 of the documents schedule.
(2)
Appendix B of the Te Tomokanga Tiaki Taonga must be treated as having been issued by the responsible Minister for that protocol on the terms set out in part 5.2 of the documents schedule.
(3)
The responsible Minister may amend or cancel a protocol at the initiative of—
(a)
the trustees; or
(b)
the responsible Minister.
(4)
The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.
28 Protocols subject to rights, functions, and duties
A protocol does not restrict—
(a)
the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability—
(i)
to introduce legislation and change Government policy; and
(ii)
to interact with or consult a person that the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
(b)
the responsibilities of the responsible Minister or a department of State; or
(c)
the legal rights of Ngā Hapū o Te Iwi o Whanganui or a representative entity.
29 Enforcement of protocols
(1)
The Crown must comply with a protocol while it is in force.
(2)
If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950.
(3)
Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol.
(4)
To avoid doubt,—
(a)
subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and
(b)
subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2).
Crown minerals
30 Crown minerals protocol
(1)
The chief executive of the department of State responsible for the administration of the Crown Minerals Act 1991 must note a summary of the terms of the Crown minerals protocol in—
(a)
a register of protocols maintained by the chief executive; and
(b)
the minerals programmes that affect the Crown minerals protocol area, but only when those programmes are changed.
(2)
The noting of the summary is—
(a)
for the purpose of public notice only; and
(b)
not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991.
(3)
The Crown minerals protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals.
(4)
In this section,—
Crown mineral means a mineral, as defined in section 2(1) of the Crown Minerals Act 1991,—
(a)
that is the property of the Crown under section 10 or 11 of that Act; or
(b)
over which the Crown has jurisdiction under the Continental Shelf Act 1964
Crown minerals protocol area means the area shown on the map attached to the Crown minerals protocol, together with the adjacent waters
minerals programme has the meaning given in section 2(1) of the Crown Minerals Act 1991.
Taonga tūturu
31 Appendix B of Te Tomokanga Tiaki Taonga
(1)
Appendix B of the Te Tomokanga Tiaki Taonga does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
(2)
In this section, taonga tūturu—
(a)
has the meaning given in section 2(1) of the Protected Objects Act 1975; and
(b)
includes ngā taonga tūturu, as defined in section 2(1) of that Act.
Subpart 2—Statutory acknowledgement and deed of recognition
32 Interpretation
In this subpart,—
relevant consent authority, for a statutory area, means a consent authority of a region or district that contains, or is adjacent to, the statutory area
statement of association, for a statutory area, means the statement—
(a)
made by Ngā Hapū o Te Iwi o Whanganui of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
(b)
set out in part 2 of the documents schedule
statutory acknowledgement means the acknowledgement made by the Crown in section 33 in respect of the statutory areas, on the terms set out in this subpart
statutory area means an area described in Schedule 1, the general location of which is indicated on the deed plan for that area
statutory plan—
(a)
means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement as defined in section 43AA of the Resource Management Act 1991; and
(b)
includes a proposed plan, as defined in section 43AAC of that Act.
Statutory acknowledgement
33 Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
34 Purposes of statutory acknowledgement
The only purposes of the statutory acknowledgement are—
(a)
to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 35 to 37; and
(b)
to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 38 and 39; and
(c)
to enable the trustees and any member of Ngā Hapū o Te Iwi o Whanganui to cite the statutory acknowledgement as evidence of the association of Ngā Hapū o Te Iwi o Whanganui with a statutory area, in accordance with section 40.
35 Relevant consent authorities to have regard to statutory acknowledgement
(1)
This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
(2)
On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustees are affected persons in relation to the activity.
(3)
Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.
36 Environment Court to have regard to statutory acknowledgement
(1)
This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
(2)
On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274 of the Resource Management Act 1991, whether the trustees are persons with an interest in the proceedings greater than that of the general public.
(3)
Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991.
37 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
(1)
This section applies to an application made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area.
(2)
On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48, 56, or 62 of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to the application.
(3)
On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area—
(a)
in determining whether the trustees are persons directly affected by the decision; and
(b)
in determining, under section 59(1) or 64(1) of the Heritage New Zealand Pouhere Taonga Act 2014, an appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application.
(4)
In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.
38 Recording statutory acknowledgement on statutory plans
(1)
On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
(2)
The information attached to a statutory plan must include—
(a)
a copy of sections 33 to 37, 39, and 40; and
(b)
descriptions of the statutory areas wholly or partly covered by the plan; and
(c)
the statement of association for each statutory area.
(3)
The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—
(a)
part of the statutory plan; or
(b)
subject to the provisions of Schedule 1 of the Resource Management Act 1991.
39 Provision of summary or notice to trustees
(1)
Each relevant consent authority must, on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:
(a)
if the application is received by the consent authority, a summary of the application; or
(b)
if notice of the application is served on the consent authority under section 145(10) of the Resource Management Act 1991, a copy of the notice.
(2)
A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B(4) of the Resource Management Act 1991 or as may be agreed between the trustees and the relevant consent authority.
(3)
The summary must be provided—
(a)
as soon as is reasonably practicable after the relevant consent authority receives the application; but
(b)
before the relevant consent authority decides under section 95 of the Resource Management Act 1991 whether to notify the application.
(4)
A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the notice.
(5)
The trustees may, by written notice to a relevant consent authority,—
(a)
waive the right to be provided with a summary or copy of a notice under this section; and
(b)
state the scope of that waiver and the period it applies for.
(6)
This section does not affect the obligation of a relevant consent authority to decide,—
(a)
under section 95 of the Resource Management Act 1991, whether to notify an application:
(b)
under section 95E of that Act, whether the trustees are affected persons in relation to an activity.
40 Use of statutory acknowledgement
(1)
The trustees and any member of Ngā Hapū o Te Iwi o Whanganui may, as evidence of the association of Ngā Hapū o Te Iwi o Whanganui with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before—
(a)
the relevant consent authorities; or
(b)
the Environment Court; or
(c)
Heritage New Zealand Pouhere Taonga; or
(d)
the Environmental Protection Authority or a board of inquiry under Part 6AA of the Resource Management Act 1991.
(2)
The content of a statement of association is not, because of the statutory acknowledgement, binding as fact on—
(a)
the bodies referred to in subsection (1); or
(b)
parties to proceedings before those bodies; or
(c)
any other person who is entitled to participate in those proceedings.
(3)
However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.
(4)
To avoid doubt,—
(a)
the trustees and members of Ngā Hapū o Te Iwi o Whanganui are not precluded from stating that Ngā Hapū o Te Iwi o Whanganui has an association with a statutory area that is not described in the statutory acknowledgement; and
(b)
the content and existence of the statutory acknowledgement do not limit any statement made.
Deed of recognition
41 Issuing and amending deed of recognition
(1)
This section applies in respect of the statutory areas listed in Part 2 of Schedule 1.
(2)
The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 3 of the documents schedule.
(3)
The Minister of Conservation and the Director-General may amend the deed, but only with the written consent of the trustees.
General provisions relating to statutory acknowledgement and deed of recognition
42 Application of statutory acknowledgement and deed of recognition to lake
(1)
If any part of a statutory acknowledgement or deed of recognition applies to a lake,—
(a)
that part of the acknowledgement or deed of recognition applies only to—
(i)
the body of fresh water in the lake; and
(ii)
the bed of the lake; and
(b)
in the case of a statutory acknowledgement, that part of the acknowledgement does not apply to any part of the bed of the lake that is not owned by the Crown; and
(c)
in the case of a deed of recognition, that part of the deed of recognition does not apply to any part of the bed of the lake that is not owned and managed by the Crown; and
(d)
that part of the acknowledgement or deed of recognition does not apply,—
(i)
in the case of a lake not controlled by artificial means, to any land that the waters of the lake do not cover at their highest level without overflowing the banks of the lake; or
(ii)
in the case of a lake controlled by artificial means, to any land that the waters of the lake do not cover at the maximum operating level; or
(iii)
to any river, stream, or watercourse, whether artificial or otherwise, that drains into or out of a lake.
(2)
In this section,—
lake means a body of fresh water that is entirely or nearly surrounded by land, and includes a lake controlled by artificial means
maximum operating level means the level of water prescribed for an activity carried out in or on a lake under a resource consent or a rule in a regional plan or proposed plan within the meaning of the Resource Management Act 1991.
43 Exercise of powers and performance of functions and duties
(1)
The statutory acknowledgement and a deed of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw.
(2)
A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Ngā Hapū o Te Iwi o Whanganui with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.
(3)
Subsection (2) does not limit subsection (1).
(4)
This section is subject to—
(a)
the other provisions of this subpart; and
(b)
any obligation imposed on the Minister of Conservation or the Director-General by a deed of recognition.
44 Rights not affected
(1)
The statutory acknowledgement and a deed of recognition—
(a)
do not affect the lawful rights or interests of a person who is not a party to He Rau Tukutuku; and
(b)
do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.
(2)
This section is subject to the other provisions of this subpart.
Consequential amendment to Resource Management Act 1991
45 Amendment to Resource Management Act 1991
(1)
This section amends the Resource Management Act 1991.
(2)
In Schedule 11, insert in its appropriate alphabetical order:
Ngā Hapū o Te Iwi o Whanganui Claims Settlement Act 2026
Subpart 3—Overlay classification
46 Interpretation
In this subpart,—
Conservation Board means a board established under section 6L of the Conservation Act 1987
New Zealand Conservation Authority means the Authority established by section 6A of the Conservation Act 1987
overlay area—
(a)
means an area that is declared under section 47(1) to be subject to the overlay classification; but
(b)
does not include an area that is declared under section 58(1) to be no longer subject to the overlay classification
overlay classification means the application of this subpart to each overlay area
protection principles, for an overlay area,—
(a)
means the principles agreed by the trustees and the Minister of Conservation, as set out for the area in part 1 of the documents schedule; and
(b)
includes any principles as they are amended by the written agreement of the trustees and the Minister of Conservation
specified actions, for an overlay area, means the actions set out for the area in part 1 of the documents schedule
statement of values, for an overlay area, means the statement—
(a)
made by Ngā Hapū o Te Iwi o Whanganui of their values relating to their cultural, historical, spiritual, and traditional association with the overlay area; and
(b)
set out in part 1 of the documents schedule.
47 Declaration of overlay classification and the Crown’s acknowledgement
(1)
Each area described in Schedule 2 is declared to be subject to the overlay classification.
(2)
The Crown acknowledges the statements of values for the overlay areas.
48 Purposes of overlay classification
The only purposes of the overlay classification are—
(a)
to require the New Zealand Conservation Authority and relevant Conservation Boards to comply with the obligations in section 50; and
(b)
to enable the taking of action under sections 51 to 56.
49 Effect of protection principles
The protection principles are intended to prevent the values stated in the statement of values for an overlay area from being harmed or diminished.
50 Obligations on New Zealand Conservation Authority and Conservation Boards
(1)
When the New Zealand Conservation Authority or a Conservation Board considers a conservation management strategy, conservation management plan, or national park management plan that relates to an overlay area, the Authority or Board must have particular regard to—
(a)
the statement of values for the area; and
(b)
the protection principles for the area.
(2)
Before approving a strategy or plan that relates to an overlay area, the New Zealand Conservation Authority or a Conservation Board must—
(a)
consult the trustees; and
(b)
have particular regard to the views of the trustees as to the effect of the strategy or plan on—
(i)
any matters in the implementation of the statement of values for the area; and
(ii)
any matters in the implementation of the protection principles for the area.
(3)
If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to an overlay area, the Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.
51 Noting of overlay classification in strategies and plans
(1)
The application of the overlay classification to an overlay area must be noted in any conservation management strategy, conservation management plan, or national park management plan affecting the area.
(2)
The noting of the overlay classification is—
(a)
for the purpose of public notice only; and
(b)
not an amendment to the strategy or plan for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.
52 Notification in Gazette
(1)
The Minister of Conservation must notify in the Gazette, as soon as practicable after the settlement date,—
(a)
the declaration made by section 47 that the overlay classification applies to the overlay areas; and
(b)
the protection principles for each overlay area.
(2)
An amendment to the protection principles, as agreed by the trustees and the Minister of Conservation, must be notified by the Minister in the Gazette as soon as practicable after the amendment has been agreed in writing.
(3)
The Director-General may notify in the Gazette any action (including any specified action) taken or intended to be taken under section 53 or 54.
53 Actions by Director-General
(1)
The Director-General must take action in relation to the protection principles that relate to an overlay area, including the specified actions.
(2)
The Director-General retains complete discretion to determine the method and extent of the action to be taken.
(3)
The Director-General must notify the trustees in writing of any action that the Director-General intends to take.
54 Amendment to strategies or plans
(1)
The Director-General may initiate an amendment to a conservation management strategy, conservation management plan, or national park management plan to incorporate objectives for the protection principles that relate to an overlay area.
(2)
The Director-General must consult relevant Conservation Boards before initiating the amendment.
(3)
The amendment is an amendment for the purposes of section 17I(1) to (3) of the Conservation Act 1987 or section 46(1) to (4) of the National Parks Act 1980.
55 Regulations
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for 1 or more of the following purposes:
(a)
to provide for the implementation of objectives included in a strategy or plan under section 54(1):
(b)
to regulate or prohibit activities or conduct by members of the public in relation to an overlay area:
(c)
to create offences for breaches of regulations made under paragraph (b):
(d)
to prescribe the following fines for an offence referred to in paragraph (c):
(i)
a fine not exceeding $5,000; and
(ii)
if the offence is a continuing one, an additional amount not exceeding $500 for every day on which the offence continues.
(2)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
56 Bylaws
(1)
The Minister of Conservation may make bylaws for 1 or more of the following purposes:
(a)
to provide for the implementation of objectives included in a strategy or plan under section 54(1):
(b)
to regulate or prohibit activities or conduct by members of the public in relation to an overlay area:
(c)
to create offences for breaches of bylaws made under paragraph (b):
(d)
to prescribe the following fines for an offence referred to in paragraph (c):
(i)
a fine not exceeding $5,000; and
(ii)
if the offence is a continuing one, an additional amount not exceeding $500 for every day on which the offence continues.
(2)
Bylaws made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
57 Effect of overlay classification on overlay areas
(1)
This section applies if, at any time, the overlay classification applies to any land in—
(a)
a national park under the National Parks Act 1980; or
(b)
a conservation area under the Conservation Act 1987; or
(c)
a reserve under the Reserves Act 1977.
(2)
The overlay classification does not affect—
(a)
the status of the land as a national park, conservation area, or reserve; or
(b)
the classification or purpose of a reserve.
58 Termination of overlay classification
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of an overlay area is no longer subject to the overlay classification.
(2)
The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
(a)
the trustees and the Minister of Conservation have agreed in writing that the overlay classification is no longer appropriate for the relevant area; or
(b)
the relevant area is to be, or has been, disposed of by the Crown; or
(c)
the responsibility for managing the relevant area is to be, or has been, transferred to a different Minister of the Crown or the Commissioner of Crown Lands.
(3)
The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of a relevant area if—
(a)
subsection (2)(c) applies; or
(b)
there is a change in the statutory management regime that applies to all or part of the overlay area.
(4)
The Minister of Conservation must ensure that an order made under this section is published in the Gazette.
59 Exercise of powers and performance of functions and duties
(1)
The overlay classification does not affect, and must not be taken into account by, any person exercising a power or performing a function or duty under an enactment or a bylaw.
(2)
A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the values stated in the statement of values for an overlay area than that person would give if the area were not subject to the overlay classification.
(3)
Subsection (2) does not limit subsection (1).
(4)
This section is subject to the other provisions of this subpart.
60 Rights not affected
(1)
The overlay classification does not—
(a)
affect the lawful rights or interests of a person who is not a party to He Rau Tukutuku; or
(b)
have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, an overlay area.
(2)
This section is subject to the other provisions of this subpart.
Subpart 4—Official geographic names
61 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.
62 Official geographic names
(1)
A name specified in the second column of the table in clause 8.39 of He Rau Tukutuku 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.
63 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 62.
(2)
The notice must state that each official geographic name became an official geographic name on the settlement date.
64 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 5—Advisory committee
65 Appointment of advisory committee
(1)
The Minister for Oceans and Fisheries must, not later than the settlement date, appoint the trustees of Takapau Whāriki to be an advisory committee to the Minister under section 21(1) of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995.
(2)
The purpose of the advisory committee is to provide advice to the Minister in relation to any areas that the trustees and the Minister agree are of special significance to Ngā Hapū o Te Iwi o Whanganui (the identified areas).
(3)
The trustees, acting as the advisory committee, may submit written advice to the Minister if decisions are being made relating to any proposed change in the management of the identified areas.
Subpart 6—Vesting of cultural redress properties
66 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 3:
Properties vested in fee simple
(1)
Kai Iwi Road property:
(2)
Kai Iwi 6A1 site A:
(3)
Kai Iwi 6A1 site B (Urupā):
(4)
Kauarapaoa Road property:
(5)
Mōwhānau site A:
(6)
Mōwhānau site B:
(7)
Pitangi Village property:
(8)
Rapanui Road property:
(9)
Whanganui River Road property:
Properties vested in fee simple to be administered as reserves
(10)
Kai Iwi 6A1 site C:
(11)
Kauarapaoa property:
(12)
Koriniti property:
(13)
Kotiti Stream property:
(14)
Mōwhānau site C:
(15)
Ohotu property:
(16)
Otawaki property:
(17)
Otoko property:
(18)
Paetawa property:
(19)
Pākaitore property:
(20)
Puketarata property:
(21)
Ranana/Morikau property:
(22)
Raorikia property:
(23)
Tauakira property:
(24)
Taukoro Forest property:
(25)
Whanganui River property:
(26)
Whitiau property:
Property jointly vested in fee simple to be administered as reserve
(27)
Ohoutahi property
reserve property means each of the properties named in paragraphs (10) to (27) of the definition of cultural redress property
Te Korowai o Wainuiārua Trust means the trust of that name established by a trust deed dated 1 July 2023
trustees of the Te Korowai o Wainuiārua Trust means the trustees, acting in their capacity of trustees, of the Te Korowai o Wainuiārua Trust.
Properties vested in fee simple
67 Kai Iwi Road property
The fee simple estate in the Kai Iwi Road property vests in the trustees.
68 Kai Iwi 6A1 site A
(1)
The reservation of Kai Iwi 6A1 site A as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Kai Iwi 6A1 site A vests in the trustees.
69 Kai Iwi 6A1 site B (Urupā)
(1)
The reservation of Kai Iwi 6A1 site B (Urupā) as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Kai Iwi 6A1 site B (Urupā) vests in the trustees.
70 Kauarapaoa Road property
The fee simple estate in the Kauarapaoa Road property vests in the trustees.
71 Mōwhānau site A
(1)
The reservation of Mōwhānau site A (being part of Nukumaru Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Mōwhānau site A vests in the trustees.
72 Mōwhānau site B
(1)
The reservation of Mōwhānau site B (being part of Nukumaru Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Mōwhānau site B vests in the trustees.
(3)
Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable restrictive covenant in gross on the terms and conditions set out in part 10.1 of the documents schedule.
73 Pitangi Village property
The fee simple estate in the Pitangi Village property vests in the trustees.
74 Rapanui Road property
The fee simple estate in the Rapanui Road property vests in the trustees.
75 Whanganui River Road property
The fee simple estate in the Whanganui River Road property vests in the trustees.
Properties vested in fee simple to be administered as reserves
76 Kai Iwi 6A1 site C
(1)
The reservation of Kai Iwi 6A1 site C as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Kai Iwi 6A1 site C vests in the trustees.
(3)
Kai Iwi 6A1 site C is declared a reserve and classified as a local purpose (cultural activities and ecological restoration) reserve subject to section 23 of the Reserves Act 1977 for the purpose of enabling cultural activities that recognise and maintain the spiritual, cultural, ancestral, customary, and historical relationship between Ngā Hapū o Te Iwi o Whanganui and the whenua, and protecting and restoring the ecological values of the reserve.
(4)
The reserve is named Kai Iwi 6A1 Local Purpose (cultural activities and ecological restoration) Reserve.
77 Kauarapaoa property
(1)
The reservation of the Kauarapaoa property (being Kauarapaoa Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Kauarapaoa property vests in the trustees.
(3)
The Kauarapaoa property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Kauarapaoa Scenic Reserve.
78 Koriniti property
(1)
The Koriniti property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Koriniti property vests in the trustees.
(3)
The Koriniti property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Koriniti Scenic Reserve.
79 Kotiti Stream property
(1)
The Kotiti Stream property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Kotiti Stream property vests in the trustees.
(3)
The Kotiti Stream property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Kotiti Stream Scenic Reserve.
80 Mōwhānau site C
(1)
The reservation of Mōwhānau site C (being part of Nukumaru Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Mōwhānau site C vests in the trustees.
(3)
Mōwhānau site C is declared a reserve and classified as a local purpose (cultural activities and ecological restoration) reserve subject to section 23 of the Reserves Act 1977 for the purpose of enabling cultural activities that recognise and maintain the spiritual, cultural, ancestral, customary, and historical relationship between Ngā Hapū o Te Iwi o Whanganui and the whenua, and restoring and protecting the ecological values of the reserve.
(4)
The reserve is named Mōwhānau Local Purpose (cultural activities and ecological restoration) Reserve.
(5)
Subsections (1) to (4) do not take effect until the trustees have provided the Whanganui District Council with a registrable easement for the following rights on the terms and conditions set out in part 10.2 of the documents schedule:
(a)
a right of way:
(b)
a right to convey sewage:
(c)
a right to convey water.
(6)
Despite the provisions of the Reserves Act 1977, the easement—
(a)
is enforceable in accordance with its terms; and
(b)
is to be treated as having been granted in accordance with the Reserves Act 1977.
81 Ohotu property
(1)
The Ohotu property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Ohotu property vests in the trustees.
(3)
The Ohotu property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Ohotu Scenic Reserve.
82 Otawaki property
(1)
The reservation of the Otawaki property (being Otawaki Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Otawaki property vests in the trustees.
(3)
The Otawaki property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Otawaki Scenic Reserve.
83 Otoko property
(1)
The reservation of the Otoko property (being Otoko Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Otoko property vests in the trustees.
(3)
The Otoko property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named the Otoko Scenic Reserve.
84 Paetawa property
(1)
The reservation of the Paetawa property (being Paetawa Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Paetawa property vests in the trustees.
(3)
The Paetawa property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Paetawa Scenic Reserve.
85 Pākaitore property
(1)
The reservation of the Pākaitore property (being Moutoa Gardens Historic Reserve) as a historic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Pākaitore property vests in the trustees.
(3)
The Pākaitore property is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.
(4)
The reserve is named Pākaitore Historic Reserve.
(5)
The board established by section 120 is the administering body for the reserve.
(6)
Subsection (5) continues to apply despite any subsequent transfer under section 106.
86 Puketarata property
(1)
The reservation of the Puketarata property (being Puketarata Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Puketarata property vests in the trustees.
(3)
The Puketarata property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Puketarata Scenic Reserve.
87 Ranana/Morikau property
(1)
The reservation of the Ranana/Morikau property (being Ranana/Morikau Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Ranana/Morikau property vests in the trustees.
(3)
The Ranana/Morikau property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Ranana/Morikau Scenic Reserve.
88 Raorikia property
(1)
The reservation of the Raorikia property (being Raorikia Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Raorikia property vests in the trustees.
(3)
The Raorikia property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Raorikia Scenic Reserve.
89 Tauakira property
(1)
The reservation of the Tauakira property (being Tauakira Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Tauakira property vests in the trustees.
(3)
The Tauakira property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Tauakira Scenic Reserve.
90 Taukoro Forest property
(1)
The Taukoro Forest property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Taukoro Forest property vests in the trustees.
(3)
The Taukoro Forest property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Taukoro Scenic Reserve.
91 Whanganui River property
(1)
The reservation of the Whanganui River property (being Whanganui River Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Whanganui River property vests in the trustees.
(3)
The Whanganui River property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Whanganui River Scenic Reserve.
92 Whitiau property
(1)
The reservation of the Whitiau property (being Whitiau Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Whitiau property vests in the trustees.
(3)
The Whitiau property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Whitiau Scenic Reserve.
Property jointly vested in fee simple to be administered as reserve
93 Ohoutahi property
(1)
The reservation of the Ohoutahi property (being Ohoutahi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Ohoutahi property vests as undivided half shares in the following as tenants in common:
(a)
a share vests in the trustees under this paragraph; and
(b)
a share vests in the trustees of the Te Korowai o Wainuiārua Trust under section 81(3)(a) of the Te Korowai o Wainuiārua Claims Settlement Act 2025.
(3)
The Ohoutahi property is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.
(4)
The reserve is named Ohoutahi Historic Reserve.
(5)
The joint management body established by section 104 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.
(6)
Subsection (5) continues to apply despite any subsequent transfer under section 106.
General provisions applying to vesting of cultural redress properties
94 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 3.
95 Interests in land for certain reserve properties
(1)
This section applies to all or the part of the Ohoutahi property that remains a reserve under the Reserves Act 1977 (the reserve land), but only while the reserve land has an administering body that is treated as if the land were vested in it.
(2)
If the reserve property is affected by an interest in land listed for the property in Schedule 3, the interest applies as if the administering body were the grantor, or the grantee, as the case may be, of the interest in respect of the reserve land.
(3)
Any interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered owner of the reserve land.
(4)
Subsections (2) and (3) continue to apply despite any subsequent transfer of the reserve land under section 106.
96 Interests in land for Pākaitore property
(1)
This section applies to all or the part of the Pākaitore property that remains a reserve under the Reserves Act 1977 (the reserve land).
(2)
Any interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered owner of the reserve land.
(3)
Subsection (2) continues to apply despite any subsequent transfer of the reserve land under section 106.
97 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) that is listed for the property in Schedule 3, and 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, except to the extent that subsection (3) applies.
(3)
If all or part of the cultural redress property is reserve land to which section 95 applies, the interest applies as if the administering body of the reserve land were the grantor of the interest in respect of the reserve land.
(4)
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.
98 Registration of ownership
(1)
This section applies to a cultural redress property vested in the trustees under this subpart.
(2)
Subsection (3) applies to a cultural redress property (other than the Ohoutahi property and the Pākaitore property), but only to the extent that the property is all of the land contained in a record of title for a fee simple estate.
(3)
The Registrar-General must, on written application by an authorised person,—
(a)
register the trustees as the owners of the fee simple estate in the property; and
(b)
record any entry on the record of title and do anything else necessary to give effect to this subpart and to part 8 of He Rau Tukutuku.
(4)
Subsection (5) applies to—
(a)
a cultural redress property (other than the Ohoutahi property), but only to the extent that subsection (2) does not apply to the property; and
(b)
the Pākaitore property.
(5)
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 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.
(6)
For the Ohoutahi property, the Registrar-General must, in accordance with a written application by an authorised person,—
(a)
create a record of title for an undivided half share of the fee simple estate in the property 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.
(7)
Subsections (5) and (6) are subject to the completion of any survey necessary to create a record of title.
(8)
A 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—
(i)
in the case of a property other than the Ohoutahi property, by the Crown and the trustees; or
(ii)
in the case of the Ohoutahi property, by the Crown, the trustees, and the trustees of the Te Korowai o Wainuiārua Trust.
(9)
In this section, authorised person means a person authorised by—
(a)
the chief executive of LINZ for the following properties:
(i)
the Rapanui Road property:
(ii)
the Kai Iwi Road property:
(iii)
the Kauarapaoa Road property:
(iv)
the Pitangi Village property:
(v)
the Whanganui River Road property:
(b)
the Director-General, for all other properties.
99 Application of Part 4A of Conservation Act 1987
(1)
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.
(2)
Section 24 of the Conservation Act 1987 does not apply to the vesting of—
(a)
a reserve property; or
(b)
each of the following properties:
(i)
the Kauarapaoa property:
(ii)
the Whanganui River Road property.
(3)
If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property.
(4)
Subsections (2) and (3) do not limit subsection (1).
100 Matters to be recorded on record of title
(1)
The Registrar-General must record on the record of title—
(a)
for a reserve property (other than the Ohoutahi property),—
(i)
that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and
(ii)
that the land is subject to—
(A)
sections 99(3) and 106; and
(B)
section 96(2), in the case of the Pākaitore property; and
(b)
created under section 98(6) for the Ohoutahi property,—
(i)
that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and
(ii)
that the land is subject to sections 95(3), 99(3), and 106; and
(c)
for each of the following properties, that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply:
(i)
the Kauarapaoa property:
(ii)
the Whanganui River Road property; and
(d)
for any other cultural redress property, 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.
(3)
For a reserve property (other than the Ohoutahi property), if the reservation of the property under this subpart is revoked for—
(a)
all of the property, the Director-General must apply in writing to the Registrar-General 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 land is subject to—
(A)
sections 99(3) and 106; and
(B)
section 96(2), in the case of the Pākaitore property; and
(b)
part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a) remain on the record of title only for the part of the property that remains a reserve.
(4)
For the Ohoutahi property, if the reservation of the property under this subpart is revoked for—
(a)
all of the property, the Director-General must apply in writing to the Registrar-General to remove from any record of title created under section 98 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 sections 95(3), 99(3), and 106; or
(b)
part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a) remain only on any record of title, created under section 98 or derived from a record of title created under that section, for the part of the property that remains a reserve.
(5)
The Registrar-General must comply with an application received in accordance with subsection (3)(a) or (4)(a), as relevant.
101 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 He Rau Tukutuku in relation to a cultural redress property.
(3)
Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this subpart, of the reserve status of a cultural redress property.
(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 a cultural redress property under this subpart; or
(b)
any matter incidental to, or required for the purpose of, the vesting.
102 Names of Crown protected areas discontinued
(1)
Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the settlement date, was all or part of a Crown protected area.
(2)
The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.
(3)
In this section, Board, 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.
Further provisions applying to reserve properties
103 Application of other enactments to reserve properties
(1)
The trustees are the administering body of a reserve property, except as provided for in sections 85 and 93.
(2)
Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve property.
(3)
If the reservation of a reserve property under this subpart is revoked under section 24 of the Reserves Act 1977 for all or part of the property, section 25(2) of that Act applies to the revocation, but not the rest of section 25 of that Act.
(4)
A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, despite anything in that Act.
(5)
A reserve property must not have a name assigned to it or have its name changed under section 16(10) of the Reserves Act 1977 without the written consent of the owners of the property, and section 16(10A) of that Act does not apply to the proposed name.
(6)
Subsection (2) does not apply to the Pākaitore property (see section 135).
Compare: SC 88
104 Joint management body for Ohoutahi property
(1)
A joint management body is established for the Ohoutahi property.
(2)
The following are appointers for the purposes of this section:
(a)
the trustees; and
(b)
the trustees of the Te Korowai o Wainuiārua Trust.
(3)
Each appointer may appoint 2 members to the joint management body.
(4)
A member is appointed only if the appointer gives written notice with the following details to the other appointers:
(a)
the full name, address, and other contact details of the member; and
(b)
the date on which the appointment takes effect, which must be no earlier than the date of the notice.
(5)
An appointment ends after 5 years or when the appointer replaces the member by making another appointment.
(6)
A member may be appointed, reappointed, or discharged at the discretion of the appointer.
(7)
Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a board.
(8)
However, the first meeting of the body must be held no later than 2 months after the settlement date.
105 Reserve management plan for certain reserves
(1)
The trustees must, within 5 years of the settlement date, prepare and submit a reserve management plan under section 41 of the Reserves Act 1977 for the following reserve properties:
(a)
Koriniti property:
(b)
Ohotu property:
(c)
Otawaki property:
(d)
Tauakira property:
(e)
Whanganui River property.
(2)
The trustees and the Director-General may agree to contract a third party to prepare the reserve management plan in consultation with the trustees and the Director-General.
(3)
However, if a third party is contracted to prepare the reserve management plan, the trustees must—
(a)
review and, if necessary, amend the reserve management plan before it is submitted; and
(b)
submit the reserve management plan to the Minister of Conservation for approval in accordance with section 41(1) of the Reserves Act 1977.
(4)
The Department of Conservation must provide funding and administrative support to the trustees to enable preparation and approval of the reserve management plan under this section.
(5)
If the trustees and the Director-General are, within 4 years of the settlement date, unable to agree on a third party to prepare the reserve management plan under subsection (2),—
(a)
the trustees are responsible for preparing and submitting the reserve management plan; and
(b)
subsections (3) and (4) do not apply.
(6)
Section 41 of the Reserves Act 1977 applies to the preparation and approval of the reserve management plan under this section, but if there is any inconsistency between this section and section 41 of the Reserves Act 1977, this section prevails over that section.
106 Subsequent transfer of reserve land
(1)
This section applies to all or the part of a reserve property that remains a reserve under the Reserves Act 1977 after the property has vested in the trustees under this subpart.
(2)
The fee simple estate in the reserve land in the Ohoutahi property may be transferred only in accordance with section 108 or 110.
(3)
The fee simple estate in the reserve land in the Pākaitore property may be transferred only in accordance with section 109.
(4)
The fee simple estate in the reserve land in any other property may be transferred only in accordance with section 107 or 110.
(5)
In this section and sections 107 to 111, reserve land means the land that remains a reserve as described in subsection (1).
107 Transfer of reserve land to new administering body
(1)
The registered owners of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners).
(2)
The Minister of Conservation must give written consent to the transfer if the registered owners satisfy the Minister that the new owners are able—
(a)
to comply with the requirements of the Reserves Act 1977; and
(b)
to perform the duties of an administering body under that Act.
(3)
The Registrar-General must, upon receiving the required documents, register the new owners as the owners of the fee simple estate in the reserve land.
(4)
The required documents are—
(a)
a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and
(b)
the written consent of the Minister of Conservation to the transfer of the reserve land; and
(c)
any other document required for the registration of the transfer instrument.
(5)
The new owners, from the time of their registration under this section,—
(a)
are the administering body of the reserve land; and
(b)
hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
(6)
A transfer that complies with this section need not comply with any other requirements.
108 Transfer of reserve land in Ohoutahi property
(1)
The trustees may apply in writing to the Minister of Conservation for consent to transfer their share in the fee simple estate in the reserve land to a beneficial entity.
(2)
The Minister of Conservation must give written consent to the transfer if the trustees satisfy the Minister that the joint management body established under section 104 will be able—
(a)
to comply with the requirements of the Reserves Act 1977; and
(b)
to perform the duties of an administering body under that Act.
(3)
The Registrar-General must, upon receiving the required documents, register the beneficial entity as the owners of an undivided half share in the fee simple estate in the reserve land.
(4)
The required documents are—
(a)
a transfer instrument to transfer an undivided half share in the fee simple estate in the reserve land to the beneficial entity, including a notification that the share in the reserve land is to be held for the same reserve purposes as those for which it was held immediately before the transfer; and
(b)
the written consent of the Minister of Conservation to the transfer of an undivided half share in the fee simple estate in the reserve land; and
(c)
any other document required for the registration of the transfer instrument.
(5)
Despite a transfer under this section, the joint management body established under section 104 continues to be the administering body of the reserve land and section 104(2) to (8) applies subject to the following:
(a)
the beneficial entity replaces the trustees as an appointer to the joint management body:
(b)
the members of the joint management body appointed by the beneficial entity replace the members appointed by the trustees:
(c)
any other necessary modifications.
(6)
A transfer that complies with this section need not comply with any other requirements.
(7)
In this section, beneficial entity means a legal entity or the trustees of a trust that—
(a)
represents only a group of members of Ngā Hapū o Te Iwi o Whanganui (for example, a hapū of Ngā Hapū o Te Iwi o Whanganui); and
(b)
is approved by the trustees in accordance with their trust deed.
109 Transfer of reserve land in Pākaitore property to new trustees or custodian trustee
(1)
The registered owners of the reserve land may transfer the fee simple estate in the reserve land if—
(a)
the transferees are—
(i)
the trustees of the same trust in whose trustees the share was vested by this or another Act; or
(ii)
the custodian trustee of that trust; and
(b)
the instrument to transfer the share is accompanied by a certificate given by the transferees, or the transferees’ lawyer, verifying that paragraph (a) applies.
(2)
In this section, custodian trustee means the custodian trustee of the Takapau Whāriki Trust that is appointed under clause 29 of the trust deed for that Trust.
110 Transfer of reserve land if trustees change
The registered owners of the reserve land may transfer the fee simple estate in the reserve land if—
(a)
the transferors of the reserve land are or were the trustees of a trust; and
(b)
the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and
(c)
the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees’ lawyer, verifying that paragraphs (a) and (b) apply.
111 Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
112 Saving of bylaws, etc, in relation to reserve properties
(1)
This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 or the Reserves Act 1977 in relation to a reserve property before the property was vested in the trustees under this subpart.
(2)
The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 or the Reserves Act 1977.
Subpart 7—Cultural materials
113 Interpretation
In this subpart,—
conservation land means land that is—
(a)
vested in the Crown or held in fee simple by the Crown; and
(b)
held, managed, or administered by the Department of Conservation under the conservation legislation
cultural materials means plants, plant materials, and dead protected wildlife for which the Department of Conservation is responsible, provided—
(a)
that these materials are important to Ngā Hapū o Te Iwi o Whanganui in expressing and maintaining their cultural values and practices; and
(b)
in the case of the plants and plant materials, that they are found on conservation land within the settlement redress area; and
(c)
in the case of dead protected wildlife, that the material is found within the settlement redress area
cultural materials plan means a plan that has been agreed in accordance with section 114
dead protected wildlife—
(a)
means the dead body or any part of the dead body of any wildlife that is protected, whether absolutely or partially, under the conservation legislation; but
(b)
excludes marine mammals
plant means any member of the plant kingdom, and includes any alga, bacterium, or fungus, and any part of or seed or spore from any plant.
Cultural materials plan
114 Preparation of cultural materials plan
(1)
The trustees and the Minister of Conservation must jointly agree a cultural materials plan that provides for the members of Ngā Hapū o Te Iwi o Whanganui to collect and possess cultural materials.
(2)
The first cultural materials plan must be agreed not later than the fifth anniversary of the settlement date, or a later date, as the trustees and the Minister of Conservation may agree.
115 Review and amendment of cultural materials plan
(1)
The cultural materials plan must be reviewed as a whole at least once every 5 years following the agreement of the first plan under section 114, or at any other time that the Minister and trustees may agree.
(2)
The cultural materials plan or any part of it may also be amended at any other time by agreement of the Minister and the trustees.
(3)
A cultural materials plan continues to be in force until any reviewed or amended plan is agreed and comes into force.
116 Scope of cultural materials plan
The cultural materials plan must set out the terms and conditions on which the trustees may grant authorisations to members of Ngā Hapū o Te Iwi o Whanganui to collect and possess cultural materials for non-commercial purposes in accordance with section 117.
Authorisations for collecting and possessing certain cultural materials
117 Authorisation to collect or possess cultural materials
(1)
The trustees may issue a written authorisation to a member of Ngā Hapū o Te Iwi o Whanganui—
(a)
to collect plants or plant materials from conservation land within the settlement redress area:
(b)
to possess dead protected wildlife found within the settlement redress area.
(2)
An authorisation may be issued without the requirement for a permit or other authorisation under the conservation legislation.
(3)
An authorisation may be issued only if—
(a)
a cultural materials plan has been agreed and is in effect; and
(b)
the authorisation is consistent with the cultural materials plan.
(4)
An authorisation to possess dead protected wildlife must not permit the hunting, taking alive, or killing of living wildlife.
118 Possession of dead protected wildlife
Despite the Wildlife Act 1953 or regulations made under that Act, a member of Ngā Hapū o Te Iwi o Whanganui may possess dead protected wildlife if the member—
(a)
holds a written authorisation issued under section 117; and
(b)
has acted in accordance with—
(i)
the terms and conditions of the authorisation; and
(ii)
the relevant provisions of the cultural materials plan.
Subpart 8—Ngā Tūtei a Maru: the guardians of Maru
119 Interpretation
In this subpart,—
Ngā Tūtei a Maru means the board established by section 120
reserves means each of the following sites as described in Schedule 4:
(a)
the Mōwhānau Village Recreation Reserves:
(b)
the Pākaitore property:
(c)
Part Gonville Domain (Tawhero):
(d)
Queen’s Park (Pukenamu).
120 Ngā Tūtei a Maru established
(1)
A joint board called Ngā Tūtei a Maru is established.
(2)
Ngā Tūtei a Maru is the administering body of the reserves, as if it were appointed to control and manage the reserves under section 30(1) of the Reserves Act 1977.
(3)
However, section 30 of the Reserves Act 1977 (other than section 30(1)) does not apply to Ngā Tūtei a Maru or the reserves.
(4)
On the establishment of Ngā Tūtei a Maru under subsection (1), any other board appointed under section 30(1) of the Reserves Act 1977 to control or manage the Pākaitore property is disestablished.
(5)
Ngā Tūtei a Maru is not a committee, joint committee, council organisation, or council-controlled organisation for the purposes of the Local Government Act 2002.
121 Purposes
The purposes of Ngā Tūtei a Maru are—
(a)
to give expression to Te Tomokanga ki te Matapihi as set out in part 2 of He Rau Tukutuku:
(b)
to reflect a partnership between Ngā Hapū o Te Iwi o Whanganui and the Whanganui District Council:
(c)
to administer the reserves in accordance with the classification and purpose of each, so as to promote—
(i)
the health and well-being of the land and people of Whanganui; and
(ii)
the ability of Ngā Hapū o te Iwi o Whanganui to carry out their traditional and customary activities on the reserves.
122 Functions and powers of Ngā Tūtei a Maru
Primary function
(1)
The primary function of Ngā Tūtei a Maru is to achieve its purposes.
Functions and powers in relation to reserves
(2)
To meet any legal obligations, Ngā Tūtei a Maru may exercise or perform a relevant power or function of an administering body under the Reserves Act 1977, including—
(a)
for the Pākaitore property, as if the reserve were vested in the administering body for the purposes of sections 48, 48A, and 58A of the Reserves Act 1977; and
(b)
for the part of Queen’s Park (Pukenamu) contained in records of title 538968, WN20A/311, and WN25D/829, as if that part of the reserve were vested in the administering body for the purposes of sections 48, 48A, and 61(2A) of the Reserves Act 1977.
Powers delegated to territorial authorities under Reserves Act 1977
(3)
Ngā Tūtei a Maru also has the powers that the Minister of Conservation has delegated to territorial authorities under section 10 of the Reserves Act 1977 (to the extent that they are relevant),—
(a)
as if references to a territorial authority in the instrument of delegation included Ngā Tūtei a Maru; and
(b)
in the case of section 59A of the Reserves Act 1977, as if the reserves were controlled and managed under section 28 of the Reserves Act 1977.
Members of public not excluded from reserves
(4)
Nothing in this subpart affects the right of members of the public to access the reserves in accordance with the Reserves Act 1977.
123 Granting of interests by Ngā Tūtei a Maru
(1)
This section applies to the part of Queen’s Park (Pukenamu) (the property) as contained in the following records of title, to the extent that the areas remain a reserve under the Reserves Act 1977 (the reserve land):
(a)
538968; and
(b)
WN20A/311; and
(c)
WN25D/829.
(2)
Any interest that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered owner of the reserve land.
(3)
The Registrar-General must, on written application by the chief executive of the Whanganui District Council, record on the record of title for the reserve land that the land is subject to section 123(2) of the Ngā Hapū o te Iwi o Whanganui Claims Settlement Act 2026.
(4)
If the reservation of the reserve land is revoked—
(a)
for all of the reserve land, the chief executive of the Whanganui District Council must apply in writing to the Registrar-General to remove from the record of title the notation that the land is subject to section 123(2); and
(b)
for part of the reserve land, the Registrar-General must ensure that the notation referred to in paragraph (a) remains on the record of title only for the part of the reserve land that remains a reserve.
Membership of Ngā Tūtei a Maru
124 Appointment of members of Ngā Tūtei a Maru
(1)
Ngā Tūtei a Maru comprises 6 members appointed as follows:
(a)
the chairperson of the Takapau Whāriki Trust; and
(b)
the Mayor of Whanganui District Council; and
(c)
2 members appointed by the trustees of the Takapau Whāriki Trust; and
(d)
2 members appointed by the Whanganui District Council.
(2)
An appointer has full discretion to appoint a member or remove that member.
(3)
When appointing a member, an appointer must give written notice to the other appointer of—
(a)
the appointee’s full name, address, and other contact details; and
(b)
the date on which the appointment takes effect.
(4)
An appointer must give written notice to the other appointer if a member is removed or resigns, with the date on which the removal or resignation takes effect.
(5)
A member may at any time resign by giving written notice to the member’s appointer.
(6)
Despite section 31(f) of the Reserves Act 1977, if a member appointed to Ngā Tūtei a Maru by the Whanganui District Council is an elected member of that council, the appointee does not cease to be a member of Ngā Tūtei a Maru on ceasing to hold office as an elected member of the Council.
(7)
Section 31(b), (d), and (e) of the Reserves Act 1977 applies to the members of Ngā Tūtei a Maru.
125 Term of office of members
(1)
A member of Ngā Tūtei a Maru—
(a)
holds office for the term specified in the notice of appointment, but not exceeding 4 years; and
(b)
may be reappointed.
(2)
A member’s appointment ends on the earlier of—
(a)
the resignation or removal of the member; and
(b)
the expiry of the term of that member’s appointment.
(3)
If a member’s term ends and no successor has been appointed, the member must continue in office until a successor is appointed, unless the member has resigned or been removed.
(4)
A successor must be appointed only for the residual period of the former member’s term of office.
126 Fees and allowances of members
Each appointer is responsible for setting and paying fees or allowances to the members appointed by that appointer.
Procedural matters applying to Ngā Tūtei a Maru
127 Procedural matters
Application of Reserves Act 1977
(1)
Sections 32 to 34 of the Reserves Act 1977 apply to Ngā Tūtei a Maru as if it were a board for the purposes of that Act, subject to the necessary modifications or as otherwise specified in this section.
Meetings
(2)
The first meeting of Ngā Tūtei a Maru must be held not later than 6 months after the settlement date.
(3)
Unless otherwise agreed by Ngā Tūtei a Maru, Ngā Tūtei a Maru must meet at least once a year.
(4)
If the chairperson is not present at a meeting, the deputy chairperson must preside over the meeting (despite section 32(5) and (6) of the Reserves Act 1977).
Appointments
(5)
The right to make an appointment is exercised by an appointer giving written notice of an appointment to the other appointer and to Ngā Tūtei a Maru.
(6)
The chairperson must be a member appointed by the trustees of the Takapau Whāriki Trust and the deputy chairperson must be a member of Ngā Tūtei a Maru appointed by the Whanganui District Council.
(7)
An appointer may replace the chairperson or deputy chairperson for the remainder of the relevant term of office by giving written notice of the appointment to the other appointer and to Ngā Tūtei a Maru.
Voting and quorum
(8)
The chairperson has a deliberative vote, but not a casting vote (despite section 32(7) of the Reserves Act 1977).
(9)
The quorum for a meeting of Ngā Tūtei a Maru is a minimum of 2 members appointed by each appointer and must include the chairperson or deputy chairperson (despite section 32(9) of the Reserves Act 1977).
Consensus decision making
(10)
When making a decision on any matter, the members of Ngā Tūtei a Maru must strive to achieve consensus, meaning that no member of Ngā Tūtei a Maru at a meeting expressly disagrees with a proposal.
(11)
However, the person chairing a meeting may allow a decision on a proposal to be made by a 75% majority of the members present and voting if, after a period of reasonable discussion on the proposal, that person is satisfied that consensus is unlikely to be achieved (despite section 32(10) of the Reserves Act 1977).
(12)
Unless otherwise provided and subject to the Reserves Act 1977, Ngā Tūtei a Maru must regulate its own procedure.
128 Administrative support for Ngā Tūtei a Maru
The Whanganui District Council must provide administrative support to Ngā Tūtei a Maru.
129 Application of other Acts to Ngā Tūtei a Maru
To the extent that the following enactments are relevant to the purpose and functions of Ngā Tūtei a Maru, they apply to Ngā Tūtei a Maru (with any necessary modifications):
(a)
the Local Authorities (Members’ Interests) Act 1968:
(b)
the Local Government Official Information and Meetings Act 1987.
Management of reserves
130 Management plan
(1)
Not later than 5 years after Ngā Tūtei a Maru is established by section 120, Ngā Tūtei a Maru must prepare and approve an integrated management plan for the reserves in accordance with section 41 of the Reserves Act 1977.
(2)
The management plan—
(a)
must promote the ability of Ngā Hapū o te Iwi o Whanganui to carry out their traditional and customary activities on the reserves; and
(b)
may include provisions covering all the reserves as well as setting out a separate section for each reserve.
(3)
Until the integrated management plan required by subsection (1) comes into force under the Reserves Act 1977, the management plans in force for the reserves on the settlement date continue to apply to the reserves.
131 Role for Ngā Hapū o te Iwi o Whanganui
Ngā Tūtei a Maru, Ngā Hapū o te Iwi o Whanganui, and Whanganui District Council must discuss how to achieve the aspiration of Ngā Hapū o te Iwi o Whanganui to be more involved in the operational management of the reserves.
132 Operational management of reserves
(1)
The Whanganui District Council is responsible for the operational management of the reserves.
(2)
The reserves must be managed in a manner that is consistent with—
(a)
the integrated management plan; and
(b)
the council’s annual operational plan; and
(c)
any directions provided to the Whanganui District Council by Ngā Tūtei a Maru.
133 Annual operational plan
(1)
Each year, Ngā Tūtei a Maru and the Whanganui District Council must meet to develop an annual operational plan for the reserves for the year ahead.
(2)
The plan must set out—
(a)
the operational activities to be undertaken on the reserves; and
(b)
any projects to be undertaken on the reserves; and
(c)
opportunities for Ngā Hapū o te Iwi o Whanganui—
(i)
to undertake operational activities or projects on the reserves; and
(ii)
to carry out their traditional and customary activities on the reserves; and
(d)
any other matters relevant to the management of the reserves.
(3)
The annual operational plan must be developed in time for the Whanganui District Council to include any necessary funding proposals in its long-term or annual planning processes.
134 Operational funding
The Whanganui District Council must fund the operational management of the reserves, but only to the extent provided through the long-term and annual plans of the council.
Financial provisions
135 Application of Part 4 of Reserves Act 1977
Part 4 of the Reserves Act 1977 (financial provisions) applies to Ngā Tūtei a Maru as if it were a local authority.
136 Management of revenue
(1)
As far as it is reasonably practicable to separate the revenue received in relation to the reserves from any other revenue it receives, the Whanganui District Council must—
(a)
hold the revenue received by Ngā Tūtei a Maru in its capacity as the administering body of the reserves; and
(b)
account for that revenue separately from all other revenue received by the Whanganui District Council.
(2)
The Whanganui District Council must use that revenue—
(a)
under the direction of Ngā Tūtei a Maru; and
(b)
only in relation to the reserves.
Reporting responsibility
137 Annual report
Ngā Tūtei a Maru must report annually to—
(a)
the trustees of the Takapau Whāriki Trust; and
(b)
the Whanganui District Council.
Additional reserves
138 Administering body of additional reserves
(1)
The trustees of the Takapau Whāriki Trust and the Whanganui District Council may agree to Ngā Tūtei a Maru being appointed under section 30 of the Reserves Act 1977 to be the administering body of any reserve land, other than the reserves listed in the definition of reserves in section 119, provided that the reserve is located within the boundaries of both—
(a)
the settlement redress area; and
(b)
the area comprising the district of the Whanganui District Council.
(2)
An appointment under subsection (1) is subject to the relevant processes under the Reserves Act 1977 and the procedural processes of both the Takapau Whāriki Trust and the Whanganui District Council.
(3)
If Ngā Tūtei a Maru is appointed to administer another reserve under subsection (1), the provisions of this subpart apply as if the additional reserves were listed in the definition of reserves in section 119.
139 Existing interests to continue
(1)
Any interests relating to the reserves immediately before the settlement date are existing interests.
(2)
Existing interests continue to apply, with all necessary modifications, until the interest expires or is terminated.
(3)
For the purposes of the existing interests, on and from the settlement date,—
(a)
in any case where the interest has been granted by or to the Crown, the Crown is deemed to have been replaced by Ngā Tūtei a Maru as the grantor or grantee; and
(b)
if the context requires, references to other enactments are to be read as references to this Act.
Part 3 Commercial redress
140 Interpretation
In subparts 1 to 4,—
commercial redress property means a property described in part 3 of the property redress schedule
Crown forest land has the meaning given in section 2(1) of the Crown Forest Assets Act 1989
Crown forestry assets has the meaning given in section 2(1) of the Crown Forest Assets Act 1989
Crown forestry licence—
(a)
has the meaning given in section 2(1) of the Crown Forest Assets Act 1989; and
(b)
in relation to a property that is licensed land, means the licence described in the third column of the table in part 3 of the property redress schedule
Crown forestry rental trust means the forestry rental trust referred to in section 34 of the Crown Forest Assets Act 1989
Crown forestry rental trust deed means the trust deed made on 30 April 1990 establishing the Crown forestry rental trust
deferred selection property means a property described in part 4 of the property redress schedule for which the requirements for transfer under He Rau Tukutuku 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 a deferred selection property, in part 4 of the property redress schedule
licensed land—
(a)
means a property described as licensed land in part 3 of the property redress schedule; but
(b)
excludes—
(i)
trees growing, standing, or lying on the land; and
(ii)
improvements that have been—
(A)
acquired by a purchaser of the trees on the land; or
(B)
made by the purchaser or the licensee after the purchaser has acquired the trees on the land
licensee means the registered holder of the Crown forestry licence
licensor means the licensor of the Crown forestry licence
protected site means any area of land situated in the licensed land or the Whanganui Forest property that—
(a)
is wāhi tapu or a wāhi tapu area within the meaning of section 6 of the Heritage New Zealand Pouhere Taonga Act 2014; and
(b)
is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero as defined in section 6 of that Act
right of access means the right conferred by section 152
Te Puna Hāpori property (land only) means the property described by that name in part 3 of the property redress schedule
Whanganui Forest property means the land described by that name in part 4 of the property redress schedule.
Subpart 1—Transfer of commercial redress properties and deferred selection properties
141 The Crown may transfer properties
(1)
To give effect to part 9 of He Rau Tukutuku, 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 a 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.
(2)
Subsection (3) applies to a deferred selection property that is subject to a resumptive memorial recorded under any enactment listed in section 19(2).
(3)
As soon as is reasonably practicable after the date on which a deferred selection property is transferred to the trustees, the chief executive of the land holding agency must give written notice of that date to the chief executive of LINZ for the purposes of section 20 (which relates to the cancellation of resumptive memorials).
142 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 141 to the trustees:
(a)
a commercial redress property (other than licensed land):
(b)
a 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; or
(c)
the property is the Te Puna Hāpori property (land only).
(3)
The Registrar-General must, in accordance with a written application by an authorised person,—
(a)
create 1 or more records 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 sections 143 and 144, authorised person means a person authorised by the chief executive of the land holding agency for the relevant property.
143 Record of title for licensed land
(1)
This section applies to each property that is licensed land and is to be transferred to the trustees under section 141.
(2)
The Registrar-General must, in accordance with a written application by an authorised person,—
(a)
create a record of title in the name of the Crown for the fee simple estate in the property; 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.
(3)
Subsection (2) is subject to the completion of any survey necessary to create a record of title.
144 Authorised person may grant covenant for later creation of record of title
(1)
For the purposes of sections 142 and 143, 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.
145 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 He Rau Tukutuku 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 141, 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).
146 Transfer of properties subject to lease
(1)
This section applies to a deferred selection property—
(a)
for which the land holding agency is—
(i)
the Department of Corrections; or
(ii)
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 147 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 147.
(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.
147 Requirements if lease terminates or expires
(1)
This section applies if the lease referred to in section 146(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—Licensed land
148 Licensed land ceases to be Crown forest land
(1)
The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the trustees.
(2)
However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989 but be inconsistent with this subpart, part 9 of He Rau Tukutuku, or part 6 of the property redress schedule.
149 Trustees are confirmed beneficiaries and licensors of licensed land
(1)
The trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the licensed land.
(2)
The effect of subsection (1) is that—
(a)
the trustees are entitled to the rental proceeds payable for the licensed land to the trustees of the Crown forestry rental trust under a Crown forestry licence since the commencement of the licence; and
(b)
all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries in relation to the licensed land.
(3)
The Crown must give notice under section 17(4)(b) of the Crown Forest Assets Act 1989 in respect of a Crown forestry licence, even though the Waitangi Tribunal has not made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land.
(4)
Notice given by the Crown under subsection (3) has effect as if—
(a)
the Waitangi Tribunal had made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land; and
(b)
the recommendation became final on the settlement date.
(5)
The trustees are the licensors under each Crown forestry licence as if the licensed land were returned to Māori ownership—
(a)
on the settlement date; and
(b)
under section 36 of the Crown Forest Assets Act 1989.
(6)
However, section 36(1)(b) of the Crown Forest Assets Act 1989 does not apply to the licensed land.
150 Effect of transfer of licensed land
Section 149 applies whether or not the transfer of the fee simple estate in the licensed land has been registered.
Subpart 3—Whanganui Forest property
151 Whanganui Forest property
On the date of transfer, the Whanganui Forest property ceases to be Crown forest land and any Crown forestry assets associated with that land cease to be Crown forestry assets.
Subpart 4—Access to protected sites
152 Right of access to protected sites
(1)
The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special cultural, historical, or spiritual significance to have access across the land to each protected site.
(2)
Subsection (1) takes effect on and from the date of the transfer of the property to the trustees.
(3)
The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.
(4)
The right of access is subject to the following conditions:
(a)
a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and
(b)
the right of access may be exercised only at reasonable times and during daylight hours; and
(c)
a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access that are reasonably required—
(i)
for the safety of people; or
(ii)
for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
(iii)
for operational reasons.
153 Right of access over licensed land
(1)
A right of access over licensed land is subject to the terms of any Crown forestry licence.
(2)
However, subsection (1) does not apply if the licensee has agreed to the right of access being exercised.
(3)
An amendment to a Crown forestry licence is of no effect to the extent that it would—
(a)
delay the date from which a person may exercise a right of access; or
(b)
adversely affect a right of access in any other way.
154 Right of access to be recorded on records of title
(1)
This section applies to the transfer to the trustees of any licensed land or the Whanganui Forest property.
(2)
The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land.
(3)
The Registrar-General must, upon the registration of the transfer of the land, record on any record of title for the land that the land is subject to a right of access to protected sites on the land.
Subpart 5—Right of first refusal over RFR land
Interpretation
155 Interpretation
In this subpart and Schedule 5,—
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 158(2)(a) and 159
notice means a notice given under this subpart
offer means an offer by an RFR landowner, made in accordance with section 158, 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 area means the area shown on SO 614526
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 164(1); but
(d)
to avoid doubt, does not include an administering body in which RFR land is vested—
(i)
on the settlement date; or
(ii)
after the settlement date, under section 165
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.
156 Meaning of RFR land
(1)
In this subpart, RFR land means—
(a)
the land described in part 5 of the attachments that, on the settlement date,—
(i)
is vested in the Crown; or
(ii)
is held in fee simple by the Crown or the Crown body specified in the table in part 5 of the attachments as the landholding agency for the land; and
(b)
the land that is within the RFR area that on the settlement date—
(i)
is vested in the Crown; or
(ii)
is held in fee simple by the Crown; or
(iii)
is a reserve vested in an administering body that derived title to the reserve from the Crown and that would, on the application of section 25 or 27 of the Reserves Act 1977, revest in the Crown; and
(c)
any land obtained in exchange for a disposal of RFR land under section 169(1)(c) or 170.
(2)
RFR land does not include a commercial redress property.
(3)
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 141 in the case of a deferred selection property or under a contract formed under section 162); or
(ii)
any other person (including the Crown or a Crown body) under section 157(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 166 to 173 (which relate to permitted disposals of RFR land); or
(ii)
under any matter referred to in section 174(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 182; or
(d)
the RFR period for the land ends.
Restrictions on disposal of RFR land
157 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 163 to 173; or
(b)
under any matter referred to in section 174(1); or
(c)
in accordance with a waiver or variation given under section 182; 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 158; 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 160; and
(iv)
not accepted under section 161.
Trustees’ right of first refusal
158 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.
159 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.
160 Withdrawal of offer
The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted.
161 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.
162 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
163 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.
164 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.
165 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
166 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.
167 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.
168 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.
169 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.
170 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.
171 Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
172 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.
173 Disposal by Health New Zealand
Health New Zealand (established by section 11 of the Pae Ora (Healthy Futures) Act 2022), or any of its subsidiaries, may dispose of RFR land to any person if the Minister of Health has given notice to the trustees that, in the Minister’s opinion, the disposal will achieve, or assist in achieving, Health New Zealand’s objectives.
RFR landowner obligations
174 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
175 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.
176 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 157; and
(f)
if the disposal is to be made under section 157(d), a copy of any written contract for the disposal.
177 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 141 in the case of a deferred selection property, or under a contract formed under section 162); or
(ii)
any other person (including the Crown or a Crown body) under section 157(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 166 to 173; or
(ii)
under any matter referred to in section 174(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 182.
(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.
178 Notice requirements
Schedule 5 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
179 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 175 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 156; and
(b)
subject to this subpart (which restricts disposal, including leasing, of the land).
180 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 177(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 179 for the land described in the certificate.
181 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 179; 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 179 from any record of title identified in the certificate.
General provisions applying to right of first refusal
182 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.
183 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.
184 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 5 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 Statutory areas
ss 32, 41
Part 1 Areas subject only to statutory acknowledgement
| Statutory area | Location | |
|---|---|---|
| Aramoana Domain Recreation Reserve | As shown on TTW-008-001 | |
| Raukawa Scenic Reserve | As shown on TTW-008-002 | |
| Taukoro Conservation Area | As shown on TTW-008-003 | |
| Te Komai Conservation Area | As shown on TTW-008-004 |
Part 2 Areas subject to both statutory acknowledgement and deed of recognition
| Statutory area | Location | |
|---|---|---|
| Lake Kohata Wildlife Management Reserve | As shown on TTW-008-006 | |
| Mystery Block Conservation Area | As shown on TTW-008-007 | |
| Owairua Scenic Reserve | As shown on TTW-008-008 | |
| Taunoka Conservation Area | As shown on TTW-008-009 |
Schedule 2 Overlay areas
s 47
| Overlay area | Location | Description | ||
|---|---|---|---|---|
| Ahuahu area | As shown on TTW-008-010 |
Wellington Land District—Whanganui District Ahuahu Stream Conservation Area 5.2333 hectares, more or less, being Section 6 Block XIV Tauakira Survey District 25.0095 hectares, more or less, being Part Section 3 Block IX Tauakira Survey District 6.6130 hectares, more or less, being Part Section 2 Block IX Tauakira Survey District Haehaekupenga Scenic Reserve 39.7856 hectares, more or less, being Part Section 2 Block XIII Tauakira Survey District Ahuahu Conservation Area 776.5108 hectares, more or less, being Section 3 Block XIII Tauakira Survey District 680.2613 hectares, more or less, being Section 1 Block II Waipakura Survey District 53.0138 hectares, more or less, being Part Te Tuhi 3A Te Tuhi Scenic Reserve 128.4891 hectares, more or less, being Part Te Tuhi 3B |
||
| Jean D’Arcy – Powataunga area | As shown on TTW-008-011 |
Wellington Land District—Whanganui District Powataunga Scenic Reserve 970.0315 hectares, more or less, being Section 18 Block VIII Moumahaki Survey District Part Jean D’Arcy Memorial Conservation Area 595.8000 hectares, more or less, being Lot 2 DP 51555 |
||
| Pitangi area | As shown on TTW-008-012 |
Wellington Land District—Whanganui District Pitangi Scenic Reserve 323.9812 hectares, more or less, being Lot 2 DP 346052 495.1328 hectares, more or less, being Section 3 Block XV Tauakira Survey District 278.6260 hectares, more or less, being Section 2 Block XV Tauakira Survey District Mangahowhi Conservation Area 132.7368 hectares, more or less, being Section 1 Block XVI Tauakira Survey District |
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| Tokomaru East area | As shown on TTW-008-013 |
Wellington Land District—Whanganui District Tokomaru East Block Conservation Area 4.4515 hectares, more or less, being Section 22 Block V Waipakura Survey District 513.9305 hectares, more or less, being Part Subdivision 2 Run 28 SO 14288 |
Schedule 3 Cultural redress properties
ss 66, 94–97
Properties vested in fee simple
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Kai Iwi Road property |
Wellington Land District—Whanganui District 0.31 hectares, approximately, being Section 3 Block XV Nukumaru Survey District. Balance Gazette notice 566059. Subject to survey. 1.1571 hectares, more or less, being Sections 5, and 6 Block XV Nukumaru Survey District. Balance Gazette notice 566059. As shown on TTW-008-014. |
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| Kai Iwi 6A1 site A |
Wellington Land District—Whanganui District 10 hectares, approximately, being Part Kai-Iwi 6A1. Part Gazette notice K40436. Subject to survey. As shown on TTW-008-015. |
Subject to a pipeline easement in gross in favour of First Gas Limited (formerly the Natural Gas Corporation of New Zealand Limited) created by pipeline easement certificate 753579 (and varied by certificates 890656.1 and 890659.1). |
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| Kai Iwi 6A1 site B (Urupā) |
Wellington Land District—Whanganui District 1 hectare, approximately, being Part Kai-Iwi 6A1. Part Gazette notice K40436. Subject to survey. As shown on TTW-008-016. |
Subject to a pipeline easement in gross in favour of First Gas Limited (formerly the Natural Gas Corporation of New Zealand Limited) created by pipeline easement certificate 753579 (and varied by certificates 890656.1 and 890659.1). |
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| Kauarapaoa Road property |
Wellington Land District—Whanganui District 0.6 hectares, approximately, being Crown land, Block VI Waipakura Survey District. Part Gazette 1877 p 736. Subject to survey. As shown on TTW-008-017. |
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| Mōwhānau site A |
Wellington Land District—Whanganui District 0.52 hectares, approximately, being Section 18 Mowhanau Village. Part Gazette notice 906486.1. 0.25 hectares, approximately, being Part Section 1 SO 18911. Part Gazette notice 762327.6. All subject to survey. As shown on TTW-008-018. |
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| Mōwhānau site B |
Wellington Land District—Whanganui District 1.25 hectares, approximately, being Sections 15, 16 and 17 Mowhanau Village, and Part Section 1 SO 18911. Part Gazette notice 762327.6. Subject to survey. As shown on TTW-008-019. |
Subject to the restrictive covenant in gross referred to in section 72(3). Subject to a pipeline easement in gross in favour of First Gas Limited (formerly the Natural Gas Corporation of New Zealand Limited) created by pipeline easement certificate 753580 (and varied by certificate 890660.1). |
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| Pitangi Village property |
Wellington Land District—Whanganui District 0.05 hectares, approximately, being Part Section 1A Pitangi Village. Part Gazette 1925 p 1138. Subject to survey. As shown on TTW-008-020. |
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| Rapanui Road property |
Wellington Land District—Whanganui District 1.0302 hectares, more or less, being Lot 6 DP 370109. 0.1841 hectares, more or less, being 1/5 share in Lot 9 DP 370109. All record of title 284363 for the fee simple estate. |
Subject to 7322840.1 consent notice pursuant to section 221 of the Resource Management Act 1991 (affects Lot 6 DP 370109). Subject to section 241(2) of the Resource Management Act 1991. Together with a right to convey telecommunications and computer media created by Easement Instrument 7322840.3. Some of the easements created by Easement Instrument 7322840.3 are subject to section 243(a) of the Resource Management Act 1991. Subject to a right to convey electricity in gross in favour of Powerco Limited created by Easement Instrument 7322840.4. The easements created by Easement Instrument 7322840.3 are subject to section 243(a) of the Resource Management Act 1991. Approval pursuant to section 348 of the Local Government Act 1974 held in certificate 7567557.1. Subject to, and together with, the shared land easement and restrictive covenant provisions created by Easement Instrument 7567557.2. |
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| Whanganui River Road property |
Wellington Land District—Whanganui District 1.76 hectares, approximately, being Part Closed Road Block XV Tauakira Survey District. Balance Proclamation 5632. Subject to survey. As shown on TTW-008-022. |
Properties vested in fee simple to be administered as reserves
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Kai Iwi 6A1 site C |
Wellington Land District—Whanganui District 16.82 hectares, approximately, being Part Kai-Iwi 6A1. Part Gazette notice K40436. Subject to survey. As shown on TTW-008-023. |
Subject to being a local purpose (cultural activities and ecological restoration) reserve, as referred to in section 76(3). Subject to a pipeline easement in gross in favour of First Gas Limited (formerly the natural Gas Corporation of New Zealand Limited) created by easement certificate 753579 (and varied by certificates 890656.1 and 890659.1). |
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| Kauarapaoa property |
Wellington Land District—Whanganui District 58.8413 hectares, more or less, being Sections 6 and 7 Block XII Moumahaki Survey District. Part Gazette notice 372646.1 |
Subject to being a scenic reserve, as referred to in section 77(3). |
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| Koriniti property |
Wellington Land District—Whanganui District 135.6790 hectares, more or less, being Part Te Tuhi 2B4. Part record of title WN284/89 for the fee simple estate. |
Subject to being a scenic reserve, as referred to in section 78(3). |
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| Kotiti Stream property |
Wellington Land District—Whanganui District 2.93 hectares, approximately, being Section 166 Right Bank Wanganui River. Subject to survey. As shown on TTW-008-026. |
Subject to being a scenic reserve, as referred to in section 79(3). |
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| Mōwhānau site C |
Wellington Land District—Whanganui District 4.66 hectares, approximately, being Part Section 1 SO 18911. Part Gazette notice 762327.6. 0.89 hectares, approximately, being Part Section 13 Mowhanau Village. Part Gazette notice 762327.6. 0.5564 hectares, more or less, being Section 14 Mowhanau Village. Part Gazette notice 762327.6. 0.4047 hectares, more or less, being Section 12 Mowhanau Village Part Gazette 1930 p 651. 0.4022 hectares, more or less, being Section 11 Mowhanau Village. Part Gazette notice 762327.6. 0.3642 hectares, more or less, being Section 9 Mowhanau Village. Part Gazette notice 762327.6. 0.3920 hectares, more or less, being Section 73 Mowhanau Village. Part Gazette notice 762327.6. 0.3794 hectares, more or less, being Section 10 Mowhanau Village. Part Gazette notice 762327.6. 0.27 hectares, approximately, being Part Section 8 Mowhanau Village. Part Gazette notice 762327.6. All subject to survey. As shown on TTW-008-027. |
Subject to being a local purpose (cultural activities and ecological restoration) reserve, as referred to in section 80(3). Subject to the right of way easement referred to in section 80(5)(a). Subject to the easement for a right to convey sewage referred to in section 80(5)(b). Subject to the easement for a right to convey water referred to in section 80(5)(c). Subject to a pipeline easement in gross in favour of First Gas Limited (formerly the Natural Gas Corporation of New Zealand Limited) created by easement certificate 753580 (and varied by certificate 890660.1). Subject to a pipeline easement in gross in favour of First Gas Limited (formerly the Natural Gas Corporation of New Zealand Limited) created by memorandum of transfer 918825.1. |
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| Ohotu property |
Wellington Land District—Whanganui District 60.0503 hectares, more or less, being Ohotu 5A Block. All record of title WN417/120 for the fee simple estate. |
Subject to being a scenic reserve, as referred to in section 81(3). |
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| Otawaki property |
Wellington Land District—Whanganui District 153.78 hectares, approximately, being Section 16 Block VII Waipakura Survey District. All Gazette 1911 p 3008. Subject to survey. 55.6442 hectares, more or less, being Section 20 Block VII Waipakura Survey District. All Gazette 1955 p 813. As shown on TTW-008-029. |
Subject to being a scenic reserve, as referred to in section 82(3). |
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| Otoko property |
Wellington Land District—Whanganui District 3.9457 hectares, more or less, being Section 11 Block II Mangawhero Survey District. Part Gazette notice 416724.2. |
Subject to being a scenic reserve, as referred to in section 83(3). |
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| Paetawa property |
Wellington Land District—Whanganui District 27.36 hectares, approximately, being Lot 1 DP 34487, Part Te Tuhi 5, and Part Paetawa North. Balance Proclamation 710 and all Transfer 129174.4. Subject to survey. As shown on TTW-008-031. |
Subject to being a scenic reserve, as referred to in section 84(3). |
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| Pākaitore property |
Wellington Land District—Whanganui District 0.91 hectares, more or less, being Part Reserve I Town of Wanganui. Balance record of title WN21/110 for the fee simple estate. Subject to survey. As shown on TTW-008-032. |
Subject to being a historic reserve, as referred to in section 85(3). |
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| Puketarata property |
Wellington Land District—Whanganui District 105.4484 hectares, more or less, being Parts Puketarata 4E1, 4E2, and 4H. Balance Proclamation 1272. 8.9865 hectares, more or less, being Part Puketarata 4D. Part Proclamation 1050. |
Subject to being a scenic reserve, as referred to in section 86(3). |
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| Ranana/Morikau property |
Wellington Land District—Whanganui District 99 hectares, approximately, being Section 1 Block V Tauakira Survey District, and Parts Morikau 1 and Ranana Blocks. Balance Proclamation 708. Subject to survey. As shown on TTW-008-034. |
Subject to being a scenic reserve, as referred to in section 87(3). |
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| Raorikia property |
Wellington Land District—Whanganui District 41.6067 hectares, more or less, being Part Lot 1 DP 7113. All record of title WN456/119 for the fee simple estate. |
Subject to being a scenic reserve, as referred to in section 88(3). |
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| Tauakira property |
Wellington Land District—Whanganui District 56.9342 hectares, more or less, being Section 11 Block III Waipakura Survey District. Part Proclamation 767. |
Subject to being a scenic reserve, as referred to in section 89(3). |
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| Taukoro Forest property |
Wellington Land District—Whanganui District 473.2798 hectares, more or less, being Section 10 Block II Mangawhero Survey District. Part Gazette 1926 p 2351. |
Subject to being a scenic reserve, as referred to in section 90(3). |
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| Whanganui River property |
Wellington Land District—Whanganui District 13.9 hectares, approximately, being Section 26 Block X Waipakura Survey District. Part Gazette 1916 p 2341. Subject to survey. 5.7314 hectares, more or less, being Section 27 Block X Waipakura Survey District. Part Gazette 1912 p 14. As shown on TTW-008-038. |
Subject to being a scenic reserve, as referred to in section 91(3). Subject to an unregistered permit with concession number 88939-GUI. Subject to an unregistered guiding permit with concession number 94716-GUI to New Zealand Professional Fishing Guides Association. |
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| Whitiau property |
Wellington Land District—Whanganui District 65.28 hectares, approximately, being Section 516 Left Bank Wanganui River and Section 2 SO 421260. Balance Gazette 1991 p 2524. Subject to survey. As shown on TTW-008-039. |
Subject to being a scenic reserve, as referred to in section 92(3). |
Property jointly vested in fee simple to be administered as reserve
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Ohoutahi property |
Wellington Land District—Whanganui District 18.03 hectares, approximately, being Part Ohoutahi 1B and Parts Ohoutahi 2. Balance Proclamation 944. Subject to survey. As shown on TTW-008-040. |
Subject to being a historic reserve, as referred to in section 93(3). Subject to an unregistered authority for research and collection with permit number 94915-FLO. |
Schedule 4 Ngā Tūtei a Maru reserves
s 119
| Reserve site | Description | |
|---|---|---|
| Queen’s Park (Pukenamu) |
Wellington Land District—Whanganui District 4.8180 hectares, more or less, being Sections 2 and 3 SO 431652 and Sections 1, 2, and 4 SO 542528. All record of title 921513 for the fee simple estate. 0.3106 hectares, more or less, being Section 4 SO 431652. All record of title 538968 for the fee simple estate. 0.8137 hectares, more or less, being Section 547 Town of Wanganui. All record of title WN20A/311 for the fee simple estate. 0.0970 hectares, more or less, being Part Section 548 City of Wanganui. All record of title WN25D/829 for the fee simple estate. 0.3661 hectares, more or less, being Section 549 City of Wanganui. All record of title WN25D/830 for the fee simple estate. 0.1817 hectares, more or less, being Section 558 City of Wanganui. All record of title WN25D/831 for the fee simple estate. |
|
| Part Gonville Domain (Tawhero) |
Wellington Land District—Whanganui District 19.4621 hectares, more or less, being Part Section 396 Right Bank Wanganui River. Balance record of title 624496. 0.2673 hectares, more or less, being Section 395 Right Bank Wanganui River. All record of title 624495. |
|
| Mōwhānau Village Recreation Reserves |
Wellington Land District—Whanganui District 0.6652 hectares, more or less, being sections 54 and 55 Mowhanau Village. All Gazette notice 642613. 4.1512 hectares, more or less, being Sections 69, 70, 71, 82, and 83 Mowhanau Village. Part Gazette 1982 p 722. |
|
| Pākaitore property |
Wellington Land District—Whanganui District 0.91 hectares, approximately, being Part Reserve I Town of Wanganui. Balance record of title WN21/110 for the fee simple estate. Subject to survey. |
Schedule 5 Notices in relation to RFR land
ss 155, 178, 184(3)
1 Requirements for giving notice
A notice by or to an RFR landowner or the trustees under subpart 5 of Part 3 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 He Rau Tukutuku, 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 158, 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 175 or 177, 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
Ngā Hapū o Te Iwi o Whanganui Claims Settlement Bill
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