Ngāti Hāua Claims Settlement Bill
Government Bill
139—1
Explanatory note
General policy statement
This Bill gives effect to certain matters contained in Te Pua o Te Riri Kore, the Ngāti Hāua deed of settlement of historical claims.
Te Pua o Te Riri Kore was signed on 29 March 2025 between the Crown, the Ngāti Hāua Iwi Trust (the mandated entity for Ngāti Hāua), and Te Whiringa Kākaho o Ngāti Hāua (the post-settlement governance entity for Ngāti Hāua). The Bill contains provisions related to redress that require legislation for their implementation. Other aspects of the settlement are provided for only in Te Pua o Te Riri Kore as they do not require legislative authority.
This Bill comprises the following 5 Parts:
Part 1—
sets out the purpose of the Bill; and
provides that the provisions of the Bill take effect on the settlement date unless a provision states otherwise; and
specifies that the Bill binds the Crown; and
sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngāti Hāua, as recorded in Te Pua o Te Riri Kore; and
sets out the Crown’s acknowledgement of the importance of Te Pou Tikanga to Ngāti Hāua; and
defines terms used in the Bill, including key terms such as Ngāti Hāua and historical claims:
Part 2 pardons Te Rangiātea and Mātene Ruta Te Whareaitu for their convictions relating to events in the Wellington region in 1846, and recognises the character, mana, and reputation of Te Rangiātea and Mātene Ruta Te Whareaitu, together with that of their uri:
Part 3 provides for cultural redress in 12 subparts as follows:
protocols for Crown minerals and taonga tūturu; and
a statutory acknowledgement and deed of recognition; and
Te Tuanui (an overlay classification); and
changes to official geographic names; and
vesting of cultural redress properties; and
provisions that enable Ngāti Hāua to collect and possess certain cultural materials; and
an acknowledgement by the Crown of the association of Ngāti Hāua with certain Crown-owned minerals and mineral fossicking rights; and
an area of interest statement of particular cultural, historical, spiritual, and traditional associations of Ngāti Hāua with their area of interest; and
establishment of Te Pou Taiao, a joint management committee; and
provisions for interim membership of the Conservation Board whose jurisdiction includes the part of the upper Whanganui and Ruapehu districts; and
Nohoanga entitlements; and
placement of pou whenua:
Part 4 provides for commercial redress in 3 subparts, including transfer of commercial redress properties and deferred selection properties, rights of first refusal, and rights of second refusal:
Part 5 provides for matters relating to the reorganisation of the governance structures of Ngāti Hāua, including taxation matters.
There are 7 schedules as follows:
Schedule 1 describes the statutory areas to which the statutory acknowledgement relates and, in some cases, for which deeds of recognition are issued; and
Schedule 2 describes the Te Tuanui area to which Te Tuanui applies; and
Schedule 3 describes the cultural redress properties; and
Schedule 4 describes the Te Pou Taiao area and contains provisions relating to the membership, procedures, and funding of Te Pou Taiao; and
Schedule 5 describes the Nohoanga sites; and
Schedule 6 sets out provisions about notices in relation to right of first refusal land; and
Schedule 7 sets out provisions about notices in relation to right of second refusal land.
Departmental disclosure statement
The Office for Māori Crown Relations—Te Arawhiti 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=2025&no=139
Clause by clause analysis
Clause 1 states the Bill’s Title.
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 the historical claims.
Preliminary matters
Clause 3 states the purpose of the Bill.
Clause 4 provides that the provisions of the Bill take effect on the settlement date unless a provision states otherwise.
Clause 5 provides that the Bill binds the Crown.
Clause 6 gives an outline of the Bill.
Summary of historical account, acknowledgements, and apology of the Crown
Clauses 7 to 10 summarise the historical account in Te Pua o Te Riri Kore (the deed of settlement between the Crown and Ngāti Hāua), and record the acknowledgements and the apology given by the Crown to Ngāti Hāua in Te Pua o Te Riri Kore.
Crown acknowledgement of Te Pou Tikanga
Clause 11 sets out the Crown’s acknowledgement of the importance of Te Pou Tikanga to Ngāti Hāua.
Interpretation provisions
Clause 12 provides that the Bill is to be interpreted in a manner that best furthers the agreements in Te Pua o Te Riri Kore.
Clause 13 defines certain terms used in the Bill.
Clause 14 defines Ngāti Hāua.
Clause 15 defines the historical claims settled by the Bill.
Historical claims settled and jurisdiction of courts, etc, removed
Clause 16 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, Te Pua o Te Riri Kore, the Bill, and the settlement redress (but not in respect of the interpretation or implementation of Te Pua o Te Riri Kore or the Bill).
Amendment to Treaty of Waitangi Act 1975
Clause 17 amends the Treaty of Waitangi Act 1975 to remove the jurisdiction of the Waitangi Tribunal as provided in clause 16.
Resumptive memorials no longer to apply
Clause 18 provides that certain enactments do not apply to specified land.
Clause 19 provides for the removal of existing resumptive memorials from records of title relating to the specified land.
Effect of Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
Clause 20 contains provisions relating to the vesting or transfer of land under this 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 the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.
Clause 21 provides that, with certain exceptions, nothing in this Bill overrides the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.
Miscellaneous matters
Clause 22 overrides the rule under trust law that limits the life of a trust and of any documents that give effect to the settlement.
Clause 23 excludes certain provisions of Te Ture Whenua Maori Act 1993 from applying to Te Whiringa Kākaho o Ngāti Hāua.
Clause 24 requires the chief executive of the Office for Māori Crown Relations—Te Arawhiti to make Te Pua o Te Riri Kore available for inspection or purchase.
Part 2Pardons
Clause 25 sets out the historical background to the pardons of Te Rangiātea and Mātene Ruta Te Whareaitu.
Clause 26 pardons Te Rangiātea and Mātene Ruta Te Whareaitu for their convictions in relation to events in the Wellington region in 1846 and recognises their character, mana, and reputation.
Part 3Cultural redress
Part 3 provides for cultural redress.
Subpart 1—Protocols
Subpart 1 (clauses 27 to 32) 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 33 to 46) contains the Crown’s acknowledgement of the statements made by Ngāti Hāua 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—Te Tuanui
Subpart 3 (clauses 47 to 61) provides for Te Tuanui, an overlay classification, in relation to the Te Tuanui area (see Schedule 2). It sets out the purposes and limits of Te Tuanui. The subpart authorises the making of certain regulations and bylaws relating to Te Tuanui.
Subpart 4—Official geographic names
Subpart 4 (clauses 62 to 65) 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—Vesting of cultural redress properties
Subpart 5 (clauses 66 to 154) provides for the vesting of cultural redress properties (see the definition in clause 66 and descriptions of each property in Schedule 3).
Clauses 66 to 130 provide for the vesting of 64 cultural redress properties in the trustees of Te Whiringa Kākaho o Ngāti Hāua (the trustees). Of those properties, 16 vest in fee simple and 48 vest in fee simple to be administered as reserves.
Clause 124 provides for the vesting of the fee simple estate of the bed of Lake Pohoare in the trustees to be administered as a reserve.
Clauses 125 to 130 provide for 6 of the cultural redress properties to be jointly vested in the trustees and other governance entities, to be jointly administered as reserves.
Clauses 131 to 140 are general provisions that apply to the vesting of cultural redress properties.
Clauses 141 to 154 are further provisions applying to the cultural redress properties that vest to be administered as reserves. Clauses 150 and 151 apply to 7 of those properties, which will initially be administered by Ruapehu District Council but will later be administered by the trustees. Clause 152 applies to certain council-owned improvements on some of those properties. Clause 153 applies to a Crown-owned building on one property (Ngā Huinga).
Subpart 6—Cultural materials
Subpart 6 (clauses 155 to 160) requires the Minister of Conservation and the trustees to develop a cultural materials plan, to enable members of Ngāti Hāua to collect certain cultural materials within the area of interest of Ngāti Hāua.
Subpart 7—Minerals
Subpart 7 (clauses 161 to 169) contains the Crown’s acknowledgement of the association of Ngāti Hāua with relevant minerals in certain areas. It provides for members of Ngāti Hāua to search for and remove those minerals by hand.
Subpart 8—Area of interest statement
Subpart 8 (clauses 170 to 173) provides for an area of interest statement, which sets out the association of Ngāti Hāua with their area of interest. It requires the Director-General of Conservation to attach the area of interest statement to each conservation management strategy that applies to the area of interest, and provides that the Minister of Conservation and Director-General may have regard to it when exercising or performing certain statutory powers, functions, and duties.
Subpart 9—Te Pou Taiao—joint management committee
Subpart 9 (clauses 174 to 191) establishes Te Pou Taiao, a joint management committee with members appointed by the trustees and the Director-General of Conservation, to carry out functions in relation to a Te Pou Taiao area. The Te Pou Taiao area is made up of scenic reserves, including some scenic reserves that are reclassified from conservation areas (see clauses 189 and 190). Te Pou Taiao’s functions include—
providing strategic oversight, guidance, and advice on conservation matters affecting the Te Pou Taiao area; and
exercising certain powers under the Reserves Act 1977 (which the Minister of Conservation must delegate to Te Pou Taiao); and
preparing a draft reserve management plan for the Te Pou Taiao area, to be approved by the trustees and the Minister of Conservation.
Subpart 10—Ngāti Hāua interim membership on Conservation Board
Subpart 10 (clauses 192 and 193) provides for the Minister of Conservation to appoint 1 person nominated by the trustees to be an interim member of the Conservation Board whose jurisdiction includes the part of the Waimarino and Ruapehu region within the area of interest of Ngāti Hāua.
Subpart 11—Nohoanga entitlement
Subpart 11 (clauses 194 to 220) grants a Nohoanga entitlement to the trustees over 10 Nohoanga sites. The Nohoanga entitlement enables members of Ngāti Hāua to temporarily occupy the sites to access waterways for fishing and to gather other natural resources.
Subpart 12—Pou whenua
Subpart 12 (clause 221) authorises the trustees to erect 2 pou whenua (traditional boundary markers), 1 on the Ohinetonga Scenic Reserve and 1 within the Whanganui National Park at Whakahoro. The trustees may erect the pou whenua without any further authorisation under conservation legislation but must meet certain other requirements.
Part 4Commercial redress
Part 4 provides for commercial redress.
Subpart 1—Transfer of commercial redress properties and deferred selection properties
Subpart 1 (clauses 222 to 237) authorises the transfer of commercial redress properties and deferred selection properties to the trustees. Clauses 230 to 237 remove certain reserve statuses and conservation statuses from some of those properties and certain adjoining riverbeds.
Subpart 2—Right of first refusal over RFR land
Subpart 2 (clauses 238 to 270) provides the trustees with a right of first refusal (RFR) over RFR land. The RFR land includes—
exclusive RFR land (where the RFR is held by the trustees); and
shared RFR land (where the RFR is shared between the trustees, the trustees of Te Kāhui Maru Trust: Te Iwi o Maruwharanui, and the trustees of the Te Korowai o Wainuiārua Trust); and
the Raurimu Station property (where the RFR is shared between the trustees and the trustees of the Te Korowai o Wainuiārua Trust).
The owner of exclusive RFR land must not dispose of the land to a person other than the trustees or their nominee without first offering it to the trustees on the same or better terms (unless a specified exemption applies). For shared RFR land and the Raurimu Station property, the offer must also be made to the other relevant trustees. The right of first refusal lasts for 184 years for the exclusive RFR land, 180 years for shared RFR land, and 182 years for the Raurimu Station property.
Subpart 3—Right of second refusal over RSR land
Subpart 3 (clauses 271 to 286) provides the trustees with a right of second refusal (RSR) over RSR land. The RSR land is described in Te Pua o Te Riri Kore, and is land that is subject to a right of first refusal to the trustees of the Te Korowai o Wainuiārua Trust under the Te Korowai o Wainuiārua Claims Settlement Act 2025. The trustees’ right of second refusal over RSR land is triggered if the trustees of the Te Korowai o Wainuiārua Trust decline an offer to purchase that land in accordance with those trustees’ rights under the Te Korowai o Wainuiārua Claims Settlement Act 2025.
Part 5Governance reorganisation and taxation provisions
Part 5 (clauses 287 to 305) provides for governance reorganisation and taxation matters to implement and support the settlement of the historical claims of Ngāti Hāua.
Schedules
There are 7 schedules, as follows:
Schedule 1 sets out the areas subject to a statutory acknowledgement, and to both a statutory acknowledgement and a deed of recognition:
Schedule 2 describes the Te Tuanui area, to which Te Tuanui applies:
Schedule 3 describes the cultural redress properties:
Schedule 4 describes the Te Pou Taiao area and contains provisions relating to the membership, procedures, and funding of Te Pou Taiao:
Schedule 5 describes the Nohoanga sites:
Schedule 6 sets out provisions about notices in relation to RFR land:
Schedule 7 sets out provisions about notices in relation to RSR land.
Hon Paul Goldsmith
Ngāti Hāua Claims Settlement Bill
Government Bill
139—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Ngāti Hāua Claims Settlement Act 2025.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1 Preliminary matters, historical account, acknowledgements and apology, and settlement of historical claims
Preliminary matters
3 Purpose
The purpose of this Act is—
(a)
to record the acknowledgements and apology given by the Crown to Ngāti Hāua in Te Pua o Te Riri Kore; and
(b)
to give effect to certain provisions of Te Pua o Te Riri Kore that settles the historical claims of Ngāti Hāua.
4 Provisions to take effect on settlement date
(1)
The provisions of this Act take effect on the settlement date unless stated otherwise.
(2)
Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—
(a)
the provision to have full effect on that date; or
(b)
a power to be exercised under the provision on that date; or
(c)
a duty to be performed under the provision on that date.
5 Act binds the Crown
This Act binds the Crown.
6 Outline
(1)
This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of Te Pua o Te Riri Kore.
(2)
This Part—
(a)
sets out the purpose of this Act; and
(b)
provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and
(c)
specifies that the Act binds the Crown; and
(d)
sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngāti Hāua, as recorded in Te Pua o Te Riri Kore; and
(e)
sets out the Crown’s acknowledgement of the importance of Te Pou Tikanga to Ngāti Hāua; and
(f)
defines terms used in this Act, including key terms such as Ngāti Hāua and historical claims; and
(g)
provides that the settlement of the historical claims is final; and
(h)
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 Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 on certain land; and
(v)
the exclusion of the limit on the duration of a trust; and
(vi)
access to Te Pua o Te Riri Kore.
(3)
Part 2—
(a)
pardons Te Rangiātea and Mātene Ruta Te Whareaitu for their convictions relating to events in the Wellington region in 1846; and
(b)
recognises the character, mana, and reputation of Te Rangiātea and Mātene Ruta Te Whareaitu, together with that of their uri.
(4)
Part 3 provides for cultural redress, including,—
(a)
in subpart 1, protocols for Crown minerals and taonga tūturu on the terms set out in the documents schedule; and
(b)
in subpart 2, a statutory acknowledgement by the Crown of the statements made by Ngāti Hāua 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 some of those areas; and
(c)
in subpart 3, Te Tuanui (an overlay classification) applying to certain areas of land; and
(d)
in subpart 4, the provision of official geographic names; and
(e)
in subpart 5, cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties; and
(f)
in subpart 6, provisions that enable Ngāti Hāua to collect and possess cultural materials; and
(g)
in subpart 7, an acknowledgement by the Crown of the association of Ngāti Hāua with certain Crown-owned minerals, provisions for members of Ngāti Hāua to remove the minerals by hand from certain land, and a requirement for the Director-General to consult the trustees in certain circumstances; and
(h)
in subpart 8, an area of interest statement made by Ngāti Hāua of their particular cultural, historical, spiritual, and traditional association with the area of interest; and
(i)
in subpart 9, the establishment of a joint management committee, Te Pou Taiao, to perform certain functions and exercise certain powers in relation to a specified Te Pou Taiao area; and
(j)
in subpart 10, provision for the appointment of 1 person nominated by the trustees to be an interim member of the Conservation Board whose jurisdiction includes the part of the upper Whanganui region and Ruapehu region within the area of interest; and
(k)
in subpart 11, the grant of renewable Nohoanga entitlements over certain Nohoanga sites; and
(l)
in subpart 12, provision for the placing of pou whenua on the Ohinetonga Scenic Reserve and within the Whanganui National Park at Whakahoro.
(5)
Part 4 provides for commercial redress, including,—
(a)
in subpart 1, the transfer of commercial redress properties and deferred selection properties; and
(b)
in subpart 2, a right of first refusal; and
(c)
in subpart 3, a right of second refusal.
(6)
Part 5 provides for matters relating to the reorganisation of the governance structures of Ngāti Hāua, including taxation matters.
(7)
There are 7 schedules, as follows:
(a)
Schedule 1 describes the statutory areas to which the statutory acknowledgement relates and, in some cases, for which deeds of recognition are issued:
(b)
Schedule 2 describes the Te Tuanui area to which Te Tuanui applies:
(c)
Schedule 3 describes the cultural redress properties:
(d)
Schedule 4 describes the Te Pou Taiao area and contains provisions relating to the membership, procedures, and funding of Te Pou Taiao:
(e)
Schedule 5 describes the Nohoanga sites:
(f)
Schedule 6 sets out provisions about notices in relation to right of first refusal land:
(g)
Schedule 7 sets out provisions about notices in relation to right of second refusal land.
Summary of historical account, acknowledgements, and apology of the Crown
7 Summary of historical account, acknowledgements, apology, and pardon
(1)
Section 8 summarises the historical account in Te Pua o Te Riri Kore, setting out the basis for the acknowledgements and apology.
(2)
Sections 9 and 10 record the text of the acknowledgements and apology given by the Crown to Ngāti Hāua in Te Pua o Te Riri Kore.
(3)
The acknowledgements and apology are to be read together with the historical account recorded in part 3 of Te Pua o Te Riri Kore.
(4)
Section 26 pardons Te Rangiātea and Mātene Ruta Te Whareaitu for their convictions in relation to events in the Wellington region in 1846 and recognises their character, mana and reputation.
8 Summary of historical account
Te reo Māori
(1)
I te ngahuru tau 1840, ka whakawhiti kōrero te Karauna me tētehi atu iwi ki te hoko whenua i Heretaunga mō te Kamupene o Niu Tīreni, me te whakahau i ērā tāngata o Ngāti Hāua i reira e noho ana, kia wehe atu, kei peia atu e ngā hōia. I muri i te aranga o te pakanga i 1846, ka hopukina, ka whakawākia hoki ētehi tūpuna o Ngāti Hāua e te Karauna. Ka whakawhiua a Te Rangiātea kia mauheretia mō ōna rā katoa, ā, taro kau ake ka mate i te whare herehere. Ka whakawhiua tētehi atu tupuna, a Mātene Ruta Te Whareaitu kia whakamatea, ā, ka tāronatia te kakī kia mate rawa. I peia atu ētehi atu tūpuna tokorima ki Āhitereiria. I noho anō ēnei āhuatanga hei take mō ētehi atu whawhai i waenga i a Ngāti Hāua me te Karauna i Whanganui i te tau 1847.
(2)
Mai i ngā tau whakamutunga o te ngahuru tau 1850, ka piri a Ngāti Hāua ki te Kīngitanga, me te tautoko i ō rātou whanaunga i te whawhai ki te Karauna i Taranaki mai i 1863. I te tau 1865, ka raupatuhia e te Karauna ētehi whenua i Taranaki kei roto nei ētehi whenua, e whai pānga nei a Ngāti Hāua. I taua tau anō, ka tonoa ana hōia e te Karauna kia whakaekea te Kīngitanga i te pā i Ōhoutahi. I tautoko a Ngāti Hāua i ngā whakahē mārie i Parihaka i ātete rā ki ngā kōkiri a te Karauna ki te whakahau i tana muru raupatu. I te tau 1881 ka whakaekea a Parihaka e te Karauna, ka mauheretia ngā tāngata o Ngāti Hāua, ā, ka whakangaromia ā rātou rawa. Mai i te ngahuru tau 1860, ka noho ēnei mahi hei take whakamā take kore hoki mō Ngāti Hāua, arā, ka utaina te ingoa “Hauhau”
, “iwi tutū”
rānei ki runga i a rātou e te Karauna.
(3)
I te ngahuru tau 1860, hei whakangāwari i te whakanohonga i te hunga manene ki te whenua, ka whakaurua e te Karauna he Ture e taea ai e te Kōti Whakawā Whenua Māori te whakatōtahi i ngā tikanga pupuru i ngā whenua tuku iho o Ngāti Hāua. Ka huri tuarā i reira te iwi ki te Kōti Whakawā Whenua Māori i ētehi wā, engari, i te mutunga, me hoki mai ki te tū ki mua i te Kōti hei tautiaki i ō rātou pānga. Ka tīmata te hokohoko a te Karauna i ngā pānga whenua o Ngāti Hāua i te ngahuru tau 1870. I te tau 1886, ahakoa kāore te tini o Ngāti Hāua i mōhio kua haere ngā whakawā mō te poraka o Waimarino, kua whakawhiwhi taitara te Kōti. I tere hokona te nuinga o te poraka e te Karauna, tae atu ki ngā kāinga o Ngāti Hāua, ā, kāore i utua he moni tōtika.
(4)
Ahakoa rā, ka tahuri a Ngāti Hāua ki te pupuru i te aukati o te rohe ki te tonga o Te Rohe Pōtae. I te tau 1885, ka riro i te Karauna te whakaaetanga a Ngāti Hāua ki te hiki i te aukati mō te hanganga o te Rerewē Matua o Te Ika-a-Māui, nā tana puaki kī taurangi kīhai i ea i a ia, me tana tahuri ki te hoko i ngā whenua nui whakahirahira, hei nohonga mō te manene, nā ngā hokonga mai i ngā tāngata takitahi. Ka whakamahia e te Karauna ngā ture mahi tūmatanui hei hoko i ētehi whenua o Ngāti Hāua mō te Rerewē, ā, kīhai i utua he kāpeneheihana i ngā wā katoa. I te mutunga, ka noho tata whenua kore katoa a Ngāti Hāua, ā, kāore i kaha ki te whakarite oranga mō ngā whakatupuranga o aua wā, me ō muri whakatupuranga anō hoki.
(5)
I ngā ngahuru tau tuatahi mai i 1900, i whakaae a Ngāti Hāua ki te whakatūranga o Te Tāone Māori o Taumarunui i ētehi o ō rātou whenua i roto tonu anō i ō rātou ringa, ki te whakaotingia ētehi tikanga, engari kīhai te Karauna i hoki mai ki te whakatutuki i aua here. Ka whakaurua e te Karauna he ture i tino whakaheke i te mana o Ngāti Hāua ki ngā whakahaere o te tāone, me te whakaarotau i ngā pānga o te hunga manene, mā te whakawātea i ngā rīhi mutunga kore, me te hoko tekihana tāone mō ngā kaitango rīhi.
(6)
I te tau 1907 ka whakatūria e te Karauna te Tāpui ā-Motu o Tongariro, engari kāore i whakawhiti kōrero ki a Ngāti Hāua i mua. Kāhore te Karauna i homai i tētehi wāhi ki a Ngāti Hāua i roto i ngā whakahaere o te Tāpui, ā, ka noho ngā pēhanga i te taiao, nā te hanganga tūāhanga i roto i te Tāpui hei mamaetanga mō te iwi. I tua atu i tērā, mai i te tau 1971, ka whakamahia e te Karauna ngā rerenga wai i te rohe o Ngāti Hāua, tae atu ki te Awa o Whanganui, hei whakamahinga mō te Kōkiri Mahi Punahiko Wai o Tongariro, kāore he kōrero ki a Ngāti Hāua.
(7)
Kāore te Karauna i whakaaro ki ngā pānga o Ngāti Hāua i tana hokonga whakahau i ō rātou whenua i ngā tahataha o te Awa o Whanganui mō ngā tāpui whenua rerehua i ngā tau tuatahi o te rau tau rua tekau. Nāwai i hē, ka hē kē noa atu ēnei wharanga, i te kōpakitanga o aua whenua ki te Tāpui ā-Motu o Whanganui i 1987.
(8)
Nā te whānui o te ngaromanga o ngā whenua o Ngāti Hāua kua tino heke ngā āhuatanga ā-iwi me te puna ōhanga o te iwi, me te aha, kua kore te iwi e kaha ki te mahi oranga mōna anō. Nā konei, kua kore noa iho a Ngāti Hāua e kaha ki te whakatinana i tō rātou kaitiakitanga ki ngā ngahere, ki ngā rerenga wai, ki ngā kāinga me ngā wāhi tapu o te rohe, ā, kua pā ko te rawakore, te kore whare tōtika, te ekenga taumata mātauranga pāpaku, me te kore whāinga wāhi ōhanga hoki. Nā konei kua hē te ora o te toiora ā-wairua, ā-ahurea o te iwi, me te pirara o ngā tāngata o Ngāti Hauā ki ngā tāone, i waimeha ai te noho o ngā pori Māori, i raru ai te reo Māori, me ngā tikanga tuku iho. I roto i ēnei āhuatanga katoa, he rite tonu te tono a Ngāti Hāua kia tū tonu, kia whakaaetia tonutia tō rātou rangatiratanga, i kīa rā ka noho tonu ki a rātou i roto i te Tiriti o Waitangi.
English
(1)
In the 1840s, the Crown negotiated with another iwi to purchase land in Heretaunga on behalf of the New Zealand Company and ordered those Ngāti Hāua present to leave under threat of military force. After fighting broke out in 1846, the Crown captured and court martialled Ngāti Hāua tūpuna. One tupuna, Te Rangiātea, was sentenced to confinement for life and died soon thereafter in prison. Another tupuna, Mātene Ruta Te Whareaitu, was sentenced to death and executed by hanging. Another 5 tūpuna were exiled to Australia. These events served as a catalyst to further fighting between Ngāti Hāua and the Crown in Whanganui in 1847.
(2)
From the late 1850s, Ngāti Hāua joined the Kīngitanga movement and supported their whanaunga in fighting the Crown in Taranaki from 1863. In 1865, the Crown confiscated land in Taranaki which included land in which Ngāti Hāua have interests. That same year the Crown ordered an attack on the Kīngitanga at Ōhoutahi pā. Ngāti Hāua supported the peaceful protest at Parihaka against the Crown’s attempts to enforce its confiscation. In 1881, the Crown invaded Parihaka, arrested Ngāti Hāua people, and destroyed their property. Since the 1860s, Ngāti Hāua have endured intergenerational stigma of being labelled “Hauhau”
and “rebels”
by the Crown.
(3)
In the 1860s, in order to facilitate colonisation, the Crown promoted laws that provided for the Native Land Court to individualise the customary land tenure of Ngāti Hāua. The iwi boycotted the Native Land Court at times, but had to engage with it to protect their interests. The Crown began purchasing Ngāti Hāua land interests in the 1870s. In 1886, even though many Ngāti Hāua were not aware of the hearings of the Waimarino block, the Court awarded title. The Crown quickly purchased most of the block, including kāinga of Ngāti Hāua, without paying a fair price.
(4)
Meanwhile, Ngāti Hāua defended the southern aukati of Te Rohe Pōtae. In 1885, the Crown secured the agreement of Ngāti Hāua to lift the aukati for the construction of the North Island Main Trunk Railway by making promises that it did not honour, and then purchasing vast areas of land for settlement by way of purchase from individuals. The Crown used public works legislation to compulsorily acquire some Ngāti Hāua land for the Railway, with compensation not always paid. Ultimately, Ngāti Hāua became virtually landless, and were unable to provide for present and future generations.
(5)
In the early 1900s, Ngāti Hāua gave conditional agreement for the establishment of the Taumarunui Native Township on some of their remaining land, though the Crown did not honour those conditions. The Crown promoted legislation which drastically reduced Ngāti Hāua influence over its management, and prioritised settler interests by allowing perpetual leases and purchasing township sections on behalf of the lessees.
(6)
In 1907 the Crown established the Tongariro National Park without consulting Ngāti Hāua. The Crown did not provide Ngāti Hāua with a role in the Park’s management and the environmental impact from the development of infrastructure within the park has been distressing for the iwi. Furthermore, from 1971 the Crown utilised the waterways in the Ngāti Hāua rohe, including the Whanganui River, for use in the Tongariro Hydro-Electric Power Development Scheme without consulting Ngāti Hāua.
(7)
The Crown also did not consider Ngāti Hāua interests when it compulsorily acquired their land along the banks of the Whanganui River for scenic reserves in the early twentieth century. The Crown compounded this prejudice when it included that land in the Whanganui National Park in 1987.
(8)
The extent of Ngāti Hāua’s land loss has resulted in the erosion of tribal structures and the iwi’s economic base, and an inability to sustain themselves. Consequently, Ngāti Hāua are virtually unable to exercise kaitiakitanga over the forests, waterways, kāinga and wāhi tapu of the rohe, and have suffered poverty, poor housing, low educational achievement, and a lack of opportunities for social and economic development. This, in turn, has damaged the spiritual and cultural well-being of the iwi, and led to a dispersal of the Ngāti Hāua population to urban centres, which has contributed to a loss of community, te reo Māori, and traditional cultural practices. In the face of this, Ngāti Hāua have persistently called for the maintenance and recognition of their rangatiratanga, guaranteed to them by te Tiriti o Waitangi/the Treaty of Waitangi.
9 Acknowledgements
Te reo Māori
Te Tiriti o Waitangi
(1)
E whakaae ana te Karauna, nō te hainatanga o te Tiriti o Waitangi i te tau 1840, he tino pakari te tū a Ngāti Hāua i roto i tō rātou rohe. Ahakoa ēnei āhuatanga, kīhai te Karauna i tautiaki mārire i te tino rangatiratanga o Ngāti Hāua, he mea whakapūmau i raro i te Tiriti. Kāore te Karauna i whakatutuki i tāna i kī taurangi ai i raro i te Tiriti, ā, kīhai hoki ia i whakaea i ngā nawe mauroa o Ngāti Hāua. Nā reira, tēnei te Karauna te puaki atu nei i ngā whakaaetanga e whai ake nei.
Te pakanga i te riu o Heretaunga 1846
(2)
E whakaae ana te Karauna nāna i takahi ngā Upoko 2 me 3 o te Tiriti o Waitangi me ōna mātāpono i mua i te pakarutanga o te riri i roto i te riu o Heretaunga 1846, ā, i tino whara te iwi i āna mahi ki te—
(a)
whakahau i a Ngāti Hāua kia whakarērea ngā whenua me ngā mahinga kai i te riu o Heretaunga, me te nukunuku atu ki runga i aua mahinga kai, i mua i tana whakaaro ki tētehi utu kāpeneheihana;
(b)
whakahapa ki te tautiaki i ngā rawa o Ngāti Hāua kei murua, kei whakangaromia hoki e te hunga manene, ā, i tūkinotia, i tahuna hoki ngā rawa o Ngāti Hāua e ngā hōia a te Karauna, tae atu ki tētehi urupā me tētehi whare karakia iti; me te;
(c)
whakahau i te ture hōia mō tētehi wā i te marama o Māehe 1846.
Te whakawā o Te Rangiātea me Te Whareaitu, me te patunga o Te Whareaitu
(3)
E whakaae ana te Karauna ko te kino o te whakawhiu a te Karauna i a Te Rangiātea rāua ko Mātene Ruta Te Whareaitu i muri i ngā āhuatanga i pā i te rohe o Pōneke i te tau 1846 i takahi te Tiriti o Waitangi me ōna mātāpono, me te piringa o te hē ki te ingoa o te Karauna. E whakaae ana anō hoki te Karauna—
(a)
nā te whakawā i a Te Rangiātea rāua ko Mātene Ruta Te Whareaitu i āraia ai ngā tikanga tautiaki tika mō rāua, mehemea he kōti tangata noa kua noho anō ēnei tika ki rāua;
(b)
i kitea e te kōti i hara a Te Rangiātea, nā te mea he kaitautoko ia nō tētehi rangatira tutū, ā, i mahi, i āwhina, i whai wāhi hoki ki ngā mahi tutū ki te Karauna;
(c)
i kitea e te kōti i noho a Mātene Ruta Te Whareaitu hei kaitautoko mau patu mō tētehi rangatira tutū, ā, i whakahē, i wero hoki i tētehi o ngā taituarā Māori o te Karauna, ā, i mahi, i āwhina, i whai wāhi hoki ki ngā mahi tutū ki te Karauna;
(d)
i whakawāteatia a Te Rangiātea rāua ko Mātene Ruta Te Whareaitu mō ngā whakapae taumaha kē atu o te whai wāhi ki te kakari ki ngā hōia o te Karauna i Heretaunga i te 16 me te 16 o Mei, me te 16 o Hune 1846;
(e)
ka whakawhiua e te Kōti Hōia a Te Rangiātea, tētehi kaumātua koroua tonu, māuiui, he pōrewarewa hoki te hinengaro, kia mauheretia mō ōna rā katoa, ā, ko whakawhiu i a Mātene Ruta Te Whareaitu, kia tāronatia te kakī kia mate rawa;
(f)
i kīa te whakamatenga a te Karauna i a Mātene Ruta Te Whareaitu mā te tārona, i te 17 Hepetema 1846 e te āpiha hōia kaihautū o taua wā, he tauira, hei aronga mai mā te iwi Māori nui tonu, ā, i kī hoki ngā niupepa o Aotearoa, ko te whakamatenga o Te Whareaitu “tētehi ngakinga mate mutunga mai o te hekenga toto”
;
(g)
ka noho ēnei mahi a te Karauna hei taumahatanga nui, hei take whakamā hoki mō ngā uri o Te Rangiātea rāua ko Mātene Ruta Te Whareaitu; ā,
(h)
i nehua hohorotia ngā tūpāpaku o Te Rangiātea rāua ko Mātene Ruta Te Whareaitu, kāhore he tangihanga, he karakia nā Ngāti Hāua, ā, kāore i te mōhiotia te takotoranga whakamutunga o ēnei tūpuna tokorua. E kimi tonu ana ngā uri o ēnei tūpuna me Ngāti Hāua i ngā takotoranga o ēnei tūpuna, me tō rātou wawata kia whakahokia mai ki te wā kāinga.
Te hātepetanga atu o ngā whakarau Māori ki Tāhimania i te tau 1846
(4)
Kei te whakaae te Karauna, ahakoa kāore he taunakitanga, i hē rawa tana pei atu i ētehi whakarau Māori, tae atu ki ētehi tūpuna tokowhā o Ngāti Hāua, ki Tāhimania i te tau 1846. Kei te whakaae te Karauna kāore i tika te mahi a te Kāwana ki te whakatapeha i te āhua o ngā mahi hē a ngā mauhere ki ngā mana o Tāhimania, me tana inoi kia taumaha tonu ngā whiu mō aua mauhere. Kei te whakaae hoki te Karauna he takahi āna mahi i te Tiriti o Waitangi me ōna mātāpono.
Te pānga o te rironga o ngā parāoa i pokea ki te arsenic i a Ngāti Hāua i te tau 1847, kāore i wherawheratia ōkawatia e te Karauna
(5)
Kei te whakaae te Karauna—
(a)
i roto i ngā pakanga o 1847 i tae atu he pūrongo ki a ia, kia kitea he pāraoa kua pokea ki te arsenic, e ētehi tāngata o tētehi tauā, nā Tōpine te Mamaku i hautū, i roto i tētehi kāinga kua mahue i tētehi whānau manene, ā, e rua neke atu pea ngā tāngata Māori kua paihanatia; ā,
(b)
mai rā anō e whakapono ana a Ngāti Hāua nā aua parāoa paihana nei i māuiui rawa ai ō rātou tūpuna, me te mau tonu o te wehi ki te kai Pākehā, kāore i kainga e rātou mō te hia ngahuru tau, tae atu ki ngā wā o te kai kore. E mau tonu ana te mamae me te nawe mō ēnei āhuatanga i roto i a Ngāti Hāua, ā, mohoa noa nei.
Ko te pakanga i Taranaki, ko tōna mutunga ko te pakanga i Whanganui
(6)
E whakaae ana te Karauna ko ngā pakanga i Taranaki tētehi mahi takahi i te tika, ā, he takahi hoki i Te Tiriti o Waitangi me ōna mātāpono. E whakaae ana anō hoki te Karauna, ahakoa te hiahia o te tini o Ngāti Hāua kia mau tonu te rangimārie i roto i tō rātou rohe, nā ngā Pakanga o Taranaki ka tīmata te pakanga i te rohe o Whanganui, ā, e noho tonu ana te matenga o ō rātou tūpuna i te pakanga o Moutoa i 1864 hei nawe nui mō Ngāti Hāua.
Te kōkiri a te Karauna ki Ōhoutahi
(7)
E whakaae ana te Karauna i te mutunga, nāna nei anō i tīmata te pakanga i waenga i te Kīngitanga, kei roto nei a Ngāti Hāua, me te Karauna i te rohe o Whanganui, ā, i tīmata mai i te pakanga i Ōhoutahi pā i 1865. E whakaae ana te Karauna ko āna mahi he takahi tonu i te Tiriti o Waitangi me ōna mātāpono.
Te Raupatu
(8)
E whakaae ana te Karauna ko te raupatu/confiscation o ngā pānga o Ngāti Hāua i Taranaki i 1865 tētehi mahi takahi i te tika, ā, he takahi hoki i Te Tiriti o Waitangi me ōna mātāpono. E whakaae ana anō hoki te Karauna nō te murunga o ngā whenua, i ngaro hoki te wātea o ētehi mahinga kai mā Ngāti Hāua, i noho anō aua wāhi hei manawaora mō ngā tāngata o Ngāti Hāua i tō rātou rohe.
Ko te utanga a te Karauna i te ingoa he iwi tutū ki a Ngāti Hāua i te ngahuru tau 1860
(9)
E whakaae ana te Karauna nā tana utanga i te ingoa hē mō Ngāti Hāua hei “iwi tutū”
, “nanakia”
, hei “Hauhau”
anō hoki i roto i ngā Pakanga o Aotearoa, ka noho hei take whakamā mō te iwi, i whai noa iho rā kia mau tonu tō rātou tino rangatiratanga. E whakaae ana anō hoki te Karauna nā taua take whakamā mō Ngāti Hāua i whakapōraru te whāngainga o ā rātou kōrero tuku iho ki ngā reanga, me te tū tangata o aua uri i roto i tō rātou Ngāti Hāuatanga.
Te mauheretanga o ngā tūpuna me te whakangaromanga o ngā rawa i Parihaka i 1881
(10)
I ngā ngahuru tau 1870 me ngā tau tuatahi mai i 1880, ka kawea te ngākau o ngā tūpuna o Ngāti Hāua, mai i ngā rohe maha, kia haere rātou ki te kāinga o Parihaka, me ngā akoranga o ngā rangatira tokorua, a Te Whiti o Rongomai rāua ko Tohu Kākahi. Ko ēnei ētehi o ngā tūpuna i tino whara i ngā tino mahi hē, me ngā hapa a te Karauna i Parihaka. Kei te whakaae te Karauna—
(a)
i uru ngā tūpuna o Ngāti Hāua ki te kāhui o ngā mauhere nā te Karauna i whakarau, i roto i ngā whare herehere kino mō te take kore noa iho, arā, ngā whare herehere o Te Wai Pounamu, mō rātou i whai wāhi ki ngā totohe ātete rangimārie i Parihaka i 1879 me 1880. Nā ēnei mahi i murua ai ngā tika tangata taketake o ngā mauhere, ā, he takahi hoki i Te Tiriti o Waitangi me ōna mātāpono; ā
(b)
ā tana whakaeke me tana pāhoro nui i Parihaka i 1881 i tino tūkino te kāinga o Parihaka, i takahi hoki ngā tika tangata o te hunga noho i reira, tae atu ki ngā tūpuna o Ngāti Hāua. I whakangaromia e te Karauna ngā whare me ngā rawa katoa o ēnei tūpuna, i tānoatia ō rātou whare tapu, i huripokina hoki ā rātou mahinga kai. Nā ngā mahi hē, whakawiri hoki a te Karauna i ēnei tūpuna i pā ai tētehi mamae tino nui, ā, he mahi takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono.
Ngā Ture Whenua Māori
(11)
E whakaae ana te Karauna ko ngā whakahaere o ngā ture whenua Māori tētehi nawe nui nā Ngāti Hāua nā te mea, i herea a Ngāti Hāua kia mahi tahi me tētehi pūnaha kāore i tautokona e rātou, kei hātepengia rātou i te mana pupuru i ō rātou whenua. E whakaae ana anō hoki te Kārauna he tika te kī, he taumaha tonu ngā kawenga i utaina ki runga i a Ngāti Hāua e te Kōti Whakawā Whenua Māori, nā tana kawe i te huhua o ngā whakawā mō ō rātou poraka whenua i roto i te wā poto i 1886, me te mamao rawa o tēnā whakawā, o tēnā whakawā, o tēnā whakawā.
(12)
E whakaae ana te Karauna nā ngā whakahaere me te pānga o ngā ture whenua Māori, inarā, te whakawhiwhinga o ngā whenua o Ngāti Hāua ki ngā tāngata takitahi, me te tuku mana ki te tangata takitahi ki te whakahaere tikanga mō aua whenua, kāore he aronga mā rātou ki ō rātou iwi, hapū rānei, i hohoro ai te wehewehenga, te ngaromanga me te wāwāhanga o aua whenua, me te waimeha haere hoki o ngā āhuatanga ā-iwi o Ngāti Hāua. Ka noho ko te hē a te Karauna i tana kore e tautiaki i ēnei āhuatanga taketake o te iwi, i takea mai i te mana pupuru o te hapū me te iwi i ōna whenua, hei takahanga i Te Tiriti o Waitangi me ōna mātāpono.
Ngā kī taurangi a te Karauna mō te kirimana ki hīkina te aukati o Te Rohe Pōtae aukati i 1885
(13)
Kei te whakaae te Karauna—
(a)
i a Ngāti Hāua te rangatiratanga o ō rātou whenua i roto i Te Rohe Pōtae i mua i te kirimana i te tau he 1885 ki te hiki i te aukati, ā, i riro nā te iwi i whakahau te aukati i te rohe ki te tonga;
(b)
i roto i ngā whiriwhiri ki ngā tāngata Māori o Te Rohe Pōtae Māori kia hīkina te aukati hei whakangāwari i te hanganga o te Rerewē Matua o Te Ika-a-Māui, kāore te Karauna i tahuri ki te whakaae ki ngā tono a Ngāti Hāua kia kapea ō rātou whenua i Te Rohe Pōtae i te whakamananga o te Kōti Whakawā Whenua Māori;
(c)
i takahi te Karauna i ēnei kī taurangi i tāpaetia e ia i 1885 i roto i ngā whakawhiti kōrero ki te kimi whakaaetanga mō te hanganga o te Rerewē Matua o Te Ika-a-Māui mā roto i Te Rohe Pōtae:
(i)
ka whakawhānuitia atu ngā mana o ngā Komiti Māori ā-Rohe kia nui ake ai tō rātou mana i roto i ngā hātepe o te Kōti Whakawā Whenua Māori me ngā kaunihera ā-rohe;
(ii)
heoti anō nei ngā whenua ka tangohia e ia ko ngā whenua tika mō te hanganga o te Rerewē Matua o Te Ika-a-Māui; ā,
(iii)
e kore ia e āki i ngā tāngata Māori kia hoko whenua i hiahia rātou ki te rīhi noa iho;
(d)
kīhai te Karauna i whakatutuki i ēnei kī taurangi, nā reira, he mahi takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono, nā tana wareware ki te mahi tika, nā tana kore hoki e hāpai i te rangatiratanga o Ngāti Hāua.
Te Rerewē Matua o Te Ika-a-Māui
(14)
E whakaae ana te Karauna nā tana korenga e utu kāpeneheihana ki a Ngāti Hāua mō ngā whenua i tangohia whakahautia mō te Rerewē Matua o Te Ika-a-Māui i takahi tētehi kī taurangi nā te Minita Māori i te tau 1885 tērā tonu aua kāpeneheihana e utua, ā, he mahi takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono.
(15)
E whakaae ana anō hoki te Karauna i whiwhi ia i ngā painga nui whakahirahira nā tana āhei ki te waihanga i te Rerewē Matua o Te Ika-a-Māui mā roto i Te Rohe Pōtae, ki te whakatū kāinga noho hoki mō te Pākehā i roto i te rohe, engari kīhai a Ngāti Hāua i whiwhi i ngā painga mauroa i kīa rā e te Karauna ka riro i te iwi, i roto i ngā whakawhiti kōrero.
Te hoko i te poraka o Waimarino
(16)
E whakaae ana te Karauna, i te tau 1887, ka hokona wawetia e ia neke atu i te 90% o te poraka o Waimarino, 452,196 eka te rahi, mai i ngā tāngata Māori o Whanganui 821, tae atu ki a Ngāti Hāua. I takahi te Karauna i te Tiriti o Waitangi, ā, i heke ngā taumata whakaaro me te tika o ngā whakaritenga, nā te mea kīhai a Ngāti Hāua i āta mārama ko ēhea ngā whenua i te hokona e te Karauna, waihoki, kāore rātou i kaha ki te whakaū he tika te utu mō ō rātou pānga. Inarā—
(a)
i mārama te Karauna kāore i taea e Ngāti Hāua te āta tirotiro, te tuku whakahē rānei ki te rūritanga o te poraka i mua i te whakawhiwhinga a te Kōti i te nuinga o te poraka ki te Karauna;
(b)
i whakakāhore te Karauna i ngā tono a Ngāti Hāua kia wāhia ō rātou pānga i roto i te poraka, nā te mea, mā reira e whakaroatia ai te hoko a te Karauna;
(c)
nā te Karauna i whakatau, ki tana titiro, ngā whāinga take o ngā tēnā, o tēnā o ngā pānga o Ngāti Hāua, me te tuku utunga māna anō e whakarite;
(d)
kīhai te Karauna i whakamōhio i a Ngāti Hāua mō te utu mō ia eka e utua ana e ia mō te poraka o Waimarino.
(17)
E whakaae ana te Karauna kīhai i tika tana utu i te utu tika ki ngā kaipupuru o Ngāti Hāua i te poraka o Waimarino me ōna rawa whai hua, ā, he mahi takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono.
(18)
E whakaae ana te Karauna i whakahē pūputu tonu a Ngāti Hāua ki te hoko a te Karauna i te poraka o Waimarino, ā, kīhai i whai take tana whakautu ki ngā nawe o Ngāti Hāua mō tēnei hoko.
(19)
E whakaae ana te Karauna i ngaro i a Ngāti Hāua te mana pupuru i ōna kāinga i te poraka o Waimarino, tae atu ki Te Maire, ki Kākahi, me Rurumaiakatea, me ngā wāhi tapu pēnei i te pīnakitanga hauāuru me te tihi o Ruapehu, me tō rātou kore e whakaae, nā te mea, nā te Karauna, me tana takahi i te Tiriti o Waitangi me te mātāpono o te āta tautiaki mārire, i hapa i tana korenga e whakatutuki i ngā whakaritenga o te tīti hoko kia whakaaetia ngā wāhi mō ngā tāpui kaihoko ki a Ngāti Hāua, me tana tāpui hoki i ngā whenua iti iho i tāna i kī taurangi ai ki a Ngāti Hāua i roto i ngā whakawhiti kōrero. Nā konei, nā ngā mahi a te Karauna ka noho pokanoa a Ngāti Hāua i runga i ngā whenua o ētehi atu, nāwai ā, ka peia ki waho i ō rātou kāinga, nā te kore kai, nā ngā uauatanga o te noho kore taitara i ō rātou whenua.
Te Tāone Māori o Taumarunui
(20)
Kei te whakaae te Karauna—
(a)
i whakaae ētehi o ngā kaipupuru whenua o Ngāti Hāua ki te whakatūranga o Te Tāone Māori o Taumarunui ki runga i ō rātou whenua, nei ka wāhia te mana pupuru o ngā whenua e whakatūria ai te tāone e te Kōti Whakawā Whenua Māori i te tuatahi;
(b)
i tono te Karauna ki te Kōti Whakawā Whenua Māori kia whakatārewatia te whakarongo ki ngā tono wāwāhi whenua, ā, kīhai i hoki mai ki te kōrero ki ēnei kaipupuru i mua i tana pānuitanga i te tāone i te tau 1903, kāore anō ētehi wāwāhanga kia oti; ā,
(c)
ko tēnei korenga a te Karauna e whakaoti i ngā whakaritenga i whakaae rā ngā mema o Ngāti Hāua ki te whakatūranga o te tāone ka noho hei mahi takahi i Te Tiriti o Waitangi me ōna mātāpono.
(21)
E whakaae ana te Kārauna i tono a Ngāti Hāua kia whakatūria Te Tāone Māori o Taumarunui i raro i te Ture Whakahaere Whenua Māori 1900, kia tukua hoki ki te kaunihera whenua ā-takiwā, e kaha ake ai tō rātou rangatiratanga ki te tāone tēnā i te Native Township Act 1895. Ahakoa rā, i muri i tana whakatū i te tāone i te tau 1903, ka whakaurua e te Karauna tana ture i te tau 1905 hei whakakapi i te kaunihera whakahaere i te whenua, e rua ōna mema Māori, neke atu, nā te Māori i pōti, kia noho mai he poari whenua kē, kotahi anake tana mema Māori mā te Karauna hei tohu. Nā tana mahi whakawhanake kaupapa here mō ngā poari whenua, me tana kore e kōrero ki a Ngāti Hāua, ka hapa te Karauna nā tana kore e whakarite tikanga e mau ai te rangatiratanga mauroa o Ngāti Hāua, ā, he takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono.
(22)
E whakaae ana te Karauna kīhai i tutuki ngā tūmanako o Ngāti Hāua mō Te Tāone Māori o Taumarunui, tae atu ki te tūmanako ka mau tonu tō rātou mana mō te whakahaere i te tāone, ā, ka whiwhi painga hoki i ngā whenua i purutia tonutia ai e rātou. E whakaae ana anō hoki te Kārauna i hapa tana urupare ki ngā taumahatanga ahumoni mō ngā kaipupuru, ā, i whakaarotautia ki mua te painga mō ngā kairīhi, ki mua rā anō i ō ngā kaipupuru o Ngāti Hāua, nā tana—
(a)
whakawātea i te Poari ki te whakamahi moni whiwhi rēti hei hanga tūāhanga, kāti, mō te nuinga mā ngā reiti ēnei hei utu;
(b)
wareware ki te whakahau tikanga i te takanga ki muri o ngā whiwhinga rēti i ngā wāriu whenua;
(c)
tuku i te Poari ki te whakahau rīhi mutunga kore mō ngā kaipupuru o Ngāti Hāua ahakoa kāore i hiahia, me te utu i ētehi kāpeneheihana iti mō ngā rēti pāpaku i riro i a Ngāti Hāua mai i ēnei rīhi, e hia nei ngahuru tau i muri i te whakamananga tuatahi o ngā rīhi; ā
(d)
hoko me te hoko atu anō o ngā whenua o Ngāti Hāua i runga i ngā tono a ngā manene noho whenua.
(23)
E whakaae ana te Karauna nā ngā taimahatanga ahumoni mō ngā kaipupuru i muri i ēnei raruraru, i tahuri ai ētehi o ngā kaipupuru o Ngāti Hāua ki te hoko whenua i hiahia kē rātou ki te pupuru. Kīhai te Karauna i āta tautiaki mārire i ngā pānga o Ngāti Hāua i roto i Te Tāone Māori o Taumarunui, he takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono.
Te Tāpui ā-Motu o Tongariro
(24)
E whakaae ana te Karauna, ahakoa i mōhio ia ki te hira o ngā maunga i Te Tāpui ā-Motu o Tongariro ki a Ngāti Hāua, kīhai te Karauna i kōrero tahi me rātou mō te tāpuitanga o ngā tihi maunga mō te kaupapa whakatū tāpui ā-motu, i mua, i muri rānei i tana tīmatanga ki te kōrero ki tētehi atu iwi mō taua take, ā, he takahi tēnei i Te Tiriti o Waitangi me ōna mātāpono.
(25)
E whakaae ana te Karauna, mai o 1907 kāore ia i tuku i a Ngāti Hāua kia uru ki ngā whakaritenga whakahaere mauroa mō Te Tāpui ā-Motu o Tongariro, ā, kīhai hoki i aro atu ki tō rātou rangatiratanga me tō rātou kaitiakitanga i te maunga, ā, he takahanga tēnei i Te Tiriti o Waitangi me ōna mātāpono.
(26)
E whakaae ana te Karauna he taumahatanga nui ngā panonitanga tūkino i te taiao o Te Tāpui ā-Motu o Tongariro, nā te whanaketanga arumoni me te whakaurunga mai o ngā momo o tāwāhi, mā Ngāti Hāua, ina hoki, kīhai te iwi i kaha ki te noho hei kaitiaki i ngā taonga i roto i te Tāpui, kei tūkinotia aua taonga.
Ngā whenua i tukua
(27)
E whakaae ana te Karauna, āe, nā Ngāti Hāua i tuku te poraka o Rētāruke, i te rohe Whenua Māori o Aotea i te tau 1912 kia āhei ai te tangata te whakawhanake i aua whenua mō ngā mahi ahuwhenua arumoni, engari kia whakahokia mai ki a rātou i muri i ngā wāhanga rīhi 21 tau e rua. Ahakoa tērā, kāore i taea e Ngāti Hāua te noho anō ki aua whenua i te paunga o ngā rīhi i ngā ngahuru tau 1930 me 1950 nā te mea kāore i taea e rātou te utu kāpeneheihana mō ngā whakapainga, i noho nama rā rātou ki ngā kaitango rīhi. E whakaae ana te Karauna i mārama haere ia i roto i te ngahuru tau 1920 e kore kē e taea e Ngāti Hāua ēnei kāpeneheihana te utu, engari kāore i whai i ngā hipanga tika mō tēnei take, taea noatia te ngahuru tau 1950. Ka noho ko te korenga o te Karauna i tahuri ki te whakarite tikanga kia hoki anō te mana o ō rātou whenua tuku ki a Ngāti Hāua i roto i te wā ka kīa he kakama, he wā tika hoki, hei mahi takahi i te tika, ā, he takahi hoki i Te Tiriti o Waitangi me ōna mātāpono.
Ngā mahi tūmatanui—Te Hōhipera o Taumarunui
(28)
E whakaae ana te Karauna nāna i takahi Te Tiriti o Waitangi me ōna mātāpono nā tana hoko whakahau i ētehi atu whenua i ngā whenua i hiahiatia hei pae whakatū whare mō te Hōhipera o Taumarunui i te wā o te hokonga mō ngā mahi tūmatanui. E whakaae ana anō hoki te Karauna ki te hira ā-ahurea, ā-tāhuhu kōrero hoki o tēnei whenua ki a Ngāti Hāua, hei tūrangawaewae, ā, kua kore anō a Ngāti Hāua e āhei ki te noho tika ki Te Peka Pā me te whakamahi i Titipā urupā, nā ngā hoko whakahau o aua whenua e te Karauna.
(29)
E whakaae ana te Karauna e noho ana ngā tangohanga whenua o te Karauna mō ngā whenua tūmatanui hei nawe nui mā Ngāti Hāua, ā, i tāhaetia e ia ngā whenua tino hira ki ngā hapū o Ngāti Hāua.
Ngā tāpui tirohanga whenua o Whanganui
(30)
E whakaae ana te Karauna kāore i tika tana torotoro whakaaro ki a Ngāti Hāua, kāore hoki i āta whakatairite i ō rātou pānga ki ngā pānga o te ao tūmatanui, i tana hokonga o aua whenua hei whakarauora whenua rerehua. Nā ēnei hapanga i hokona whakahautia ai e te Karauna neke atu i te 300 eka atu anō o ngā whenua o te iwi i ngā taha o te Awa o Whanganui, tae atu ki ngā wāhi tapu me ngā mahinga kai, i roto i ngā tau i uaua rawa ai te mahi a Ngāti Hāua ki te kimi oranga mō rātou nā ngā ngaromanga whenua, ā, he tika kia nui atu tā te Karauna aro ki ngā whakaaro o Ngāti Hāua. He takahanga tēnei o te here i te Karauna kia āta tautiaki mārire i raro i Te Tiriti o Waitangi me ōna mātāpono.
Te Tāpui ā-Motu o Whanganui
(31)
Kei te whakaae te Karauna nā tana whakatūranga o te Tāpui ā-Motu o Whanganui i te tau 1987 ka hē kē atu te wharanga me te kino o te nawe mō Ngāti Hāua, mō ngā whenua i hokona e te Karauna i te rau tau tekau mā iwa, i noho rā hei takahanga i te Tiriti o Waitangi. E whakaae ana anō hoki te Karauna kua whakawhāititia te āhei o Ngāti Hāua ki te whakatinana i tō rātou kaitiakitanga ki ngā whenua me te Awa o Whanganui.
Te pūhore o te taiao
(32)
E whakaae ana te Karauna mai i te rau tau tekau mā iwa, kua hē haere ngā whenua, ngā ngahere me ngā rerenga wai i roto i te rohe o Ngāti Hāua, nā ngā mahi takakino, me ngā panonitanga tūturu nā ngā whakamahinga whenua hou. Nā te waerenga o ngā ngahere māori mō ngā omanga kararehe kia ngāhorohoro te whenua, kua kī ētehi rerenga wai maha i te parakiwai. Nā ngā tūtae, na ngā tūtae kararehe, ngā tāoke ahuahu whenua, me ngā puhanga wai kino, o ngā wheketere, o ngā kāinga hoki, i heke ai te pai o te wai o ētehi o ngā awa, me te heke anō i te tini o ngā ika wai māori, o te kēwai me ngā kākahi. E tino pōuri ana a Ngāti Hāua mō ēnei panonitanga ki te hauora me te toiora o ō rātou whenua, o ō rātou wai, me ngā pūnaha hauropi i roto i tō rātou rohe.
Te noho kore whenua
(33)
E whakaae ana te Karauna nā tana korenga e hāpai tikanga e mau tonu ai he whenua tōtika ki a Ngāti Hāua hei oranga ā-ōhanga, ā-pāpori, ā-ahurea mā rātou, ka puta he takahanga i te Tiriti o Waitangi me te mātāpono o te āta tautiaki mārire, ā, nā konei he tika te kī kua tata noho whenua kore a Ngāti Hāua.
Te reo Māori
(34)
E whakaae ana te Karauna i whakawhiua ngā tamariki a Ngāti Hāua i tae ake ki ngā kura nā te Karauna i whakatū mō te kōrero i tō rātou reo ake, ā, ka noho tēnei hei pūtake mō te hekenga o te reo Māori i roto i tō rātou iwi.
(35)
E whakaae ana te Karauna kīhai ia i noho ki te āta tautiaki, ki te whakatenatena hoki i te whakamahinga i te reo i roto i a Ngāti Hāua, me te hekenga anō o te reo i muri. Nā reira ka ngaro tētehi o ngā taonga a Ngāti Hāua i konei. E noho ana te korenga o te Karauna e āta tautiaki mārire i te reo Māori hei takahanga i Te Tiriti o Waitangi me ōna mātāpono.
Ngā putanga ōhanga-pāpori
(36)
E whakaae ana te Karauna nā ngā pānga tōpū o āna takahanga i te Tiriti o Waitangi i raru ai te whanaketanga ōhanga, pāpori, ahurea hoki o Ngāti Hāua. E whakaae ana anō hoki te Karauna kua pā te hē o te hauora, o te kore whare tōtika, o ngā ekenga taumata mātauranga pāpaku, te kore whāinga wāhi ōhanga hoki hei take i nukunuku ai te tangata ki waho i te rohe o Ngāti Hāua. E noho ana te purutanga o te ahikā me tō rātou Ngāti Hāuatanga hei tohu mō te aumangea o Ngāti Hāua.
English
Te Tiriti o Waitangi/The Treaty of Waitangi
(1)
The Crown acknowledges that when te Tiriti o Waitangi/the Treaty of Waitangi was signed in 1840, Ngāti Hāua held a position of great strength in their rohe. However, the Crown has failed to actively protect the tino rangatiratanga of Ngāti Hāua, which was guaranteed by te Tiriti o Waitangi/the Treaty of Waitangi. The Crown has not honoured its commitments under te Tiriti o Waitiangi/the Treaty of Waitangi and has failed to deal with the long-standing grievances of Ngāti Hāua. Therefore, the Crown makes the following acknowledgements.
Conflict in Heretaunga valley in 1846
(2)
The Crown acknowledges that it breached Articles 2 and 3 of te Tiriti o Waitangi/the Treaty of Waitangi and its principles before the outbreak of conflict in the Heretaunga valley in 1846, and caused the iwi serious prejudice when it—
(a)
ordered Ngāti Hāua to abandon land and crops in the Heretaunga valley and occupied their cultivations before it would consider paying compensation; and
(b)
did not protect Ngāti Hāua property from plunder and destruction by settlers, and Crown troops ransacked and burned Ngāti Hāua property, including an urupā and a chapel; and
(c)
unnecessarily imposed martial law for a period in March 1846.
Te Rangiātea and Te Whareaitu’s trial, and Te Whareaitu’s execution
(3)
The Crown acknowledges that the exceptional harshness of the Crown’s punishment of Te Rangiātea and Mātene Ruta Te Whareaitu arising from events in the Wellington region in 1846 breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles and brought dishonour to the Crown. The Crown further acknowledges that—
(a)
trying Te Rangiātea and Mātene Ruta Te Whareaitu under martial law meant they were deprived of procedural protections that would have been their right at a civilian trial; and
(b)
Te Rangiātea was found guilty of being an armed follower of a rebel chief, and for having acted, aided and assisted in the rebellion against the Crown; and
(c)
Mātene Ruta Te Whareaitu was found guilty of being an armed follower of a rebel chief, of resisting and wounding one of the Crown’s Māori allies, and for having acted, aided and assisted in the rebellion against the Crown; and
(d)
Te Rangiātea and Mātene Ruta Te Whareaitu were respectively acquitted of the more serious charges of having participated in fighting against Crown forces in Heretaunga on 16 May and 16 June 1846; and
(e)
the Court Martial sentenced Te Rangiātea, an elderly, sick and mentally unwell man, to confinement for life, and Mātene Ruta Te Whareaitu to be hanged by the neck until death; and
(f)
the Crown’s execution of Mātene Ruta Te Whareaitu by hanging on 17 September 1846 was described by the commanding military officer as an example to other Māori and in the New Zealand press as “a most sanguinary display of vengeance”
; and
(g)
the Crown’s actions have resulted in ongoing intergenerational trauma and stigma for the uri of Te Rangiātea and Mātene Ruta Te Whareaitu; and
(h)
the bodies of Te Rangiātea and Mātene Ruta Te Whareaitu were interred without appropriate Ngāti Hāua ceremony and that the final resting place of both tūpuna is unknown. The uri of these tūpuna and Ngāti Hāua continue to search for their remains and still desire to return them to their ancestral homelands.
Exile of Whanganui Māori prisoners to Tasmania in 1846
(4)
The Crown acknowledges that, despite a lack of evidence, it unjustly exiled 5 prisoners, including 4 Ngāti Hāua tūpuna, to Tasmania in 1846. The Crown acknowledges that the Governor acted in bad faith by misrepresenting the prisoners’ offences to the Tasmanian authorities, 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.
Impact of Ngāti Hāua acquiring flour laced with arsenic in 1847, which the Crown made no formal investigations into
(5)
The Crown acknowledges that,—
(a)
during the fighting in 1847, it received reports that members of a tauā led by Tōpine te Mamaku had found a mixture of flour poisoned with arsenic that was left in a home evacuated by a settler family, and that at least 2 Māori had been poisoned; and
(b)
Ngāti Hāua have long held the belief that poisoned flour made many of their tūpuna sick and left them afraid to consume Pākehā food for decades, including during times of food scarcity. The sense of mamae and grievance felt by Ngāti Hāua in relation to these events persists to this day.
Warfare in Taranaki leading to warfare in Whanganui
(6)
The Crown acknowledges that the wars in Taranaki constituted an injustice and were in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown further acknowledges that despite the desire of many from Ngāti Hāua to maintain peace in their rohe, the Taranaki Wars led to the outbreak of warfare in the Whanganui district and that the death of their tūpuna at the 1864 battle of Moutoa remains a considerable grievance for Ngāti Hāua.
The Crown’s attack on Ōhoutahi
(7)
The Crown acknowledges that it was ultimately responsible for the outbreak of warfare between the Kīngitanga, including Ngāti Hāua, and the Crown in the Whanganui district that began with the battle at the Ōhoutahi pā in 1865. The Crown acknowledges that its actions were a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Raupatu
(8)
The Crown acknowledges that the raupatu/confiscation of Ngāti Hāua interests in Taranaki in 1865 was an injustice, and breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown further acknowledges that when this whenua was confiscated, Ngāti Hāua also lost access to some mahinga kai areas that once helped to sustain the Ngāti Hāua people in their rohe.
The Crown’s labelling of Ngāti Hāua as rebels in the 1860s
(9)
The Crown acknowledges that its unfair labelling of Ngāti Hāua as “rebels”
, “hostile”
, and “Hauhau”
during the New Zealand Wars has stigmatised the iwi who sought to preserve their tino rangatiratanga. The Crown further acknowledges that the stigma Ngāti Hāua have borne for generations has had an intergenerational impact on the transmission of their kōrero tuku iho and pride in their Ngāti Hāuatanga.
Imprisonment of tūpuna and destruction of property at Parihaka in 1881
(10)
In the 1870s and early 1880s, Ngāti Hāua tūpuna were among Māori from many rohe drawn to the village of Parihaka, and the teachings of leaders Te Whiti o Rongomai and Tohu Kākahi. These tūpuna were among those who suffered from the Crown’s grievous acts and omissions at Parihaka. The Crown acknowledges that—
(a)
Ngāti Hāua tūpuna were among the protestors the Crown imprisoned, in conditions of unwarranted hardship, in South Island gaols for participating in peaceful campaigns of resistance at Parihaka in 1879 and 1880. This deprived the prisoners of basic human rights, and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles; and
(b)
in its invasion and subsequent occupation of Parihaka in 1881, it inflicted serious damage on Parihaka and assaulted the human rights of the people there, including Ngāti Hāua tūpuna. The Crown destroyed the houses and belongings of these tūpuna, desecrated their sacred buildings, and destroyed their cultivations. The Crown’s unjust and unconscionable treatment of these tūpuna caused great distress, and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Native land laws
(11)
The Crown acknowledges that the operation of the native land laws is a source of significant grievance for Ngāti Hāua because Ngāti Hāua were required to interact with a system they did not support or risk exclusion from the ownership of their lands. The Crown further acknowledges the strain placed on Ngāti Hāua by the Native Land Court holding hearings for the majority of their land blocks in a rapid timeframe in 1886 in geographically diverse locations.
(12)
The Crown acknowledges that the operation and impact of the native land laws, particularly the awarding of Ngāti Hāua land to individuals and enabling individuals to deal with that land without reference to their iwi or hapū, made the land more susceptible to fragmentation, alienation, and partition, and contributed to the erosion of Ngāti Hāua tribal structures. The failure of the Crown to actively protect these tribal structures, which were based on collective tribal custodianship of land, was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Crown assurances regarding the agreement to lift the Te Rohe Pōtae aukati in 1885
(13)
The Crown acknowledges that—
(a)
Ngāti Hāua exercised rangatiratanga over their lands within Te Rohe Pōtae prior to the 1885 agreement to lift the aukati and enforced the southern boundary of that aukati; and
(b)
during negotiations with Te Rohe Pōtae Māori to lift the aukati to facilitate the building of the North Island Main Trunk Railway, the Crown was not prepared to agree to requests from Ngāti Hāua to exclude their lands in Te Rohe Pōtae from the jurisdiction of the Native Land Court; and
(c)
the Crown breached the following assurances, which were made in 1885 during negotiations to obtain consent to construct the North Island Main Trunk Railway through Te Rohe Pōtae:
(i)
it would extend the powers of Māori District Committees to have a greater role in Native Land Court processes and local government; and
(ii)
it would acquire only as much land for the North Island Main Trunk Railway as would be needed for its construction; and
(iii)
it would apply no pressure on Māori to sell land they wished to lease; and
(d)
the Crown failed to uphold those assurances and thereby breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles by not acting in good faith and by failing to respect the rangatiratanga of Ngāti Hāua.
North Island Main Trunk Railway
(14)
The Crown acknowledges that its failure to pay compensation to Ngāti Hāua for land compulsorily taken for the construction of the North Island Main Trunk Railway dishonoured a promise made by the Native Minister in 1885 that such compensation would be paid, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(15)
The Crown further acknowledges that it derived enormous benefits from being able to construct the North Island Main Trunk Railway through Te Rohe Pōtae, and establish European settlement in the district, but Ngāti Hāua did not receive the long-term economic benefits they had been led to expect by the Crown during negotiations.
Waimarino block purchase
(16)
The Crown acknowledges that in 1887 it rapidly purchased more than 90% of the 452,196-acre Waimarino block from 821 Whanganui Māori, including Ngāti Hāua. The Crown breached te Tiriti o Waitangi/the Treaty of Waitangi and the standards of reasonableness and fair dealing because Ngāti Hāua did not know exactly what land was being purchased by the Crown, nor could they ensure that they were paid a fair price for their interests. In particular,—
(a)
the Crown was aware Ngāti Hāua had not been able to inspect and object to the survey of the block before the Court awarded the majority of the block to the Crown; and
(b)
the Crown discouraged Ngāti Hāua applications to have their interests partitioned from the block because it would delay the Crown’s purchase; and
(c)
the Crown determined what it considered to be the strengths of individual Ngāti Hāua interests and made payments according to its own judgement; and
(d)
the Crown did not inform Ngāti Hāua of the price it was paying per acre for the Waimarino block.
(17)
The Crown acknowledges that it failed to pay a fair price to the Ngāti Hāua owners of the Waimarino block and its valuable resources and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(18)
The Crown acknowledges that Ngāti Hāua consistently protested the Crown’s purchase of the Waimarino block and that it failed to respond in an effective way to the grievances of Ngāti Hāua in relation to this purchase.
(19)
The Crown acknowledges that Ngāti Hāua lost ownership of kāinga in the Waimarino block, including Te Maire, Kākahi, and Rurumaiakatea, and wāhi tapu such as the western slope and peak of Ruapehu without their consent because the Crown, in breach of te Tiriti o Waitangi/the Treaty of Waitangi and the principle of active protection, did not carry out the terms of the purchase deed to agree the location of the seller reserves with Ngāti Hāua and reserved less land than it promised Ngāti Hāua during negotiations. As a result, the Crown made Ngāti Hāua squatters who eventually had to move away from their kāinga due to the lack of food and the difficulties of living on land without a legal title.
Taumarunui Native Township
(20)
The Crown acknowledges that—
(a)
the consent of some Ngāti Hāua owners to the establishment of the Taumarunui Native Township on their land was given on the condition that the Native Land Court first subdivide ownership of the land on which the township would be established; and
(b)
the Crown asked the Native Land Court to delay hearing any subdivision applications and did not re-engage with those owners before it proclaimed the establishment of the township in 1903 without there having been any subdivision; and
(c)
the Crown’s failure to uphold the terms on which members of Ngāti Hāua consented to the establishment of the township breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(21)
The Crown acknowledges Ngāti Hāua requested that the Taumarunui Native Township be established under the Maori Lands Administration Act 1900 and vested in the local land council, which would have given Ngāti Hāua a greater ability to exercise rangatiratanga over the township than the Native Townships Act 1895 would have. However, after establishing the township in 1903, the Crown promoted legislation in 1905 that replaced the local land council that managed the land, and had at least 2 members elected by Māori, with a land board, which had only 1 Māori member who was appointed by the Crown. By developing its policy proposals for land boards without consulting Ngāti Hāua, the Crown failed to provide for the continuing rangatiratanga of Ngāti Hāua, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(22)
The Crown acknowledges that the expectations of Ngāti Hāua for the Taumarunui Native Township, including that they would retain influence over the administration of the township, and economically benefit from land retained in their ownership were not met. The Crown further acknowledges that it failed to respond to the financial challenges faced by the owners and it prioritised the interests of the lessees over Ngāti Hāua owners by—
(a)
allowing the Board to use rental incomes to fund infrastructure usually paid out of rates; and
(b)
taking no remedial action while rental incomes fell well behind land values; and
(c)
allowing the Board to impose perpetual leases on Ngāti Hāua owners against their will, and only paid some compensation for the low rentals Ngāti Hāua received from those leases many decades after the leases were first imposed; and
(d)
purchasing and onselling Ngāti Hāua land at the request of settlers.
(23)
The Crown acknowledges that the financial issues faced by the owners as a result of these problems led to Ngāti Hāua owners selling land they otherwise would have sought to retain. The Crown failed to actively protect Ngāti Hāua interests in the Taumarunui Native Township and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Tongariro National Park
(24)
The Crown acknowledges that, despite being aware of the significance of the maunga in Tongariro National Park to Ngāti Hāua, it did not consult them in relation to reserving the mountain peaks for the purposes of creating a national park before or after opening discussions on that subject with another iwi, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(25)
The Crown acknowledges that from 1907 it failed to include Ngāti Hāua in the ongoing management arrangements of Tongariro National Park, and failed to respect their rangatiratanga and kaitiakitanga over the maunga, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(26)
The Crown acknowledges that detrimental changes to the natural environment of Tongariro National Park through commercial development and the introduction of exotic species have distressed Ngāti Hāua, who have been unable to exercise their kaitiaki obligations to safeguard taonga within the Park from degradation.
Vested lands
(27)
The Crown acknowledges that Ngāti Hāua vested the Rētāruke block in the Aotea District Maori Land Board in 1912 so that it could be developed for commercial agriculture and returned to their control after being leased for 2 periods of 21 years. However, Ngāti Hāua were not able to reoccupy the land when the leases expired in the 1930s and 1950s because they could not pay compensation for improvements owed to the lessees. The Crown acknowledges that it became aware during the 1920s that Ngāti Hāua would not be able to afford that compensation but did not take steps to address the issue until the 1950s. The Crown’s failure to make arrangements for Ngāti Hāua to regain 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—Taumarunui Hospital
(28)
The Crown acknowledges that it breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles when it compulsorily acquired more land than was reasonably necessary for the site of Taumarunui Hospital at the time of the acquisition for the intended public work. The Crown further acknowledges the special cultural and historical significance of that land to Ngāti Hāua, as their tūrangawaewae, and that Ngāti Hāua have not been able to make proper use of Te Peka Pā and Titipā urupā according to their tikanga as a consequence of the compulsory acquisition of the land.
(29)
The Crown acknowledges that the Crown’s takings of Ngāti Hāua lands for public works are a significant grievance for Ngāti Hāua and that it took land of importance to Ngāti Hāua hapū.
Whanganui River scenic reserves
(30)
The Crown acknowledges that it did not adequately consult Ngāti Hāua nor fairly balance their interests and the public interest when it acquired Ngāti Hāua land for scenery preservation. These failures led the Crown to compulsorily acquire more than 300 acres of iwi lands along the banks of the Whanganui River, including wāhi tapu and cultivations, in circumstances where Ngāti Hāua were struggling to sustain themselves due to significant land loss, and the Crown should have done more to account for their views. 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
(31)
The Crown acknowledges that its establishment of Whanganui National Park in 1987 exacerbated the prejudice and sense of grievance felt by Ngāti Hāua about the land the Crown acquired in the 19th century in breach of te Tiriti o Waitangi/the Treaty of Waitangi. The Crown further acknowledges that the ability of Ngāti Hāua to practice their kaitiakitanga over land and the Whanganui River has been limited.
Environmental degradation
(32)
The Crown acknowledges that since the 19th century, the lands, forests, and waterways within the Ngāti Hāua rohe have undergone significant detrimental changes as a result of pollution and irreversible land-use changes. The removal of native forests for pasture has led to land erosion and siltation of many waterways. Sewage, animal effluence, landfill contaminants, and industrial and domestic wastewater discharge have reduced the water quality of some rivers, resulting in a reduction in the populations of native freshwater fish, crayfish, and mussels. Ngāti Hāua are profoundly distressed by these changes to the health and well-being of the lands, waters, and ecology within their rohe.
Landlessness
(33)
The Crown acknowledges that its failure to ensure that Ngāti Hāua retained sufficient land for their collective and individual economic, social, and cultural needs is a breach of te Tiriti o Waitangi/the Treaty of Waitangi and the principle of active protection and, as a result, Ngāti Hāua are virtually landless.
Te reo Māori
(34)
The Crown acknowledges that Ngāti Hāua children who attended Crown-established schools were sometimes punished for speaking their own language, which contributed to the decline of te reo Māori among their iwi.
(35)
The Crown acknowledges that it failed to actively protect and encourage the use of te reo among Ngāti Hāua, which has declined as a consequence. Ngāti Hāua has thereby suffered a loss of their taonga. The Crown’s failure to actively protect te reo Māori is a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Socio-economic outcomes
(36)
The Crown acknowledges that the cumulative impact of its breaches of te Tiriti o Waitangi/the Treaty of Waitangi has hindered the economic, social, and cultural development of Ngāti Hāua. The Crown further acknowledges that Ngāti Hāua have suffered poor health, inadequate housing, low educational outcomes, and a lack of economic opportunities that have significantly contributed to the migration away from the Ngāti Hāua rohe. The maintenance of their ahikā and Ngāti Hāuatanga is a testament to the resilience of Ngāti Hāua.
10 Apology
The text of the apology offered by the Crown to Ngāti Hāua, as set out in Te Pua o Te Riri Kore, is as follows:
Te whakapāha a te Karauna
“(a)
Tēnei te Karauna te puaki nei i tana whakapāha ki te iwi tuauri, ki te iwi pakari o Ngāti Hāua, ki ō koutou tūpuna kua moe nei ngā whatu, ki ā koutou mokopuna māna koutou e ārahi i roto ngā tau kei mua, inā rā ngā kupu o te whakapāha.
(b)
Tēnā koutou e Ngāti Hāua, e whakaae ana te Karauna mai anō, ko koutou tēnā i noho i ō koutou kāinga i te tuawhenua o te Awa o Whanganui, ki te whiri i te taura whiri a Hinengākau (the plaited rope of Hinengākau) mā te whakahau i te rangimārie, me te whakamahana i ngā hononga maha. I ō koutou tūpuna tā rātou ake matakite, mō te noho tahi, mō te painga mō tētehi, mō tētehi, i tā rātou waitohutanga i te Tiriti o Waitangi/the Treaty of Waitangi. Kei te tino whakapāha hoki te Karauna kāore i tutuki i a ia te kī taurangi o te Tiriti/the Treaty, ā, kawea kētia mai ana ko te tautohe, ko te mate rawa, me te tauwehe ki tō iwi.
(c)
Ka nui te whakamā o te Karauna mō ngā mahi kino, ki te patunga whakawehiwehi, mutunga mai o te hē o ō koutou tūpuna i 1846, ā, e tino pouri ana mō te āhua o tana mahi ki a Ngāti Hāua i 1840, i noho mai ai hei take whakahāwea tino nui, tino tika hoki, ki te Karauna. I ngā tau mai i 1860, nā ngā mahi a te Karauna ka tupu te pakanga i waenga i te Karauna me Ngāti Hāua. E tino ngau ana te pōuri o te Karauna mō te taumaha o ngā pānga o ngā pakanga ki a Ngāti Hāua me te whakamā take-kore e kawea tonutia nei e koutou, nā te utanga o te ingoa tutū, manawawera hoki ki a koutou.
(d)
E ū tonu ana a Ngāti Hāua ki te hāpai i tō rātou rangatiratanga mā te hono me te ārahi i ngā mahi pupuru whenua, me te tautiaki i te rohe ki te tonga o Te Rohe Pōtae. I te mutunga kāore he ara kē atu i wātea ki a Ngāti Hāua, atu i te kōrero tahi ki te Karauna mō tana whāinga i te whenua. I urutomo te Karauna ki Te Rohe Pōtae ki te whakaoti i te Rerewē Matua o Te Ika-a-Māui, nā tana puaki kī taurangi, kāore i ea i a ia. Kāpā i tangohia he whenua mō te rerewē e te Karauna, kāore he utu kāpeneheihana anake, engari i tua atu i tērā, ka hokona e ia ētehi whenua nui whakahirahira hei nohonga mō te Pākehā.
(e)
E tino pōuri ana te Karauna mōna i hoko i te tini o ngā whenua, i tata noho whenua kore ai a Ngāti Hāua, kāore he tomokanga mōna ki ōna rawa, ki ōna wāhi tapu me āna taonga. I tangohia whakahautia hoki e te Karauna ētehi atu whenua mō ngā mahi tūmatanui. Kīhai te Karauna i kōrero ki a Ngāti Hāua i mua i te whakatūranga o Te Tāpui ā-Motu o Tongariro, kāore hoki koutou i whai wāhi ki roto i ngā tikanga whakahaere, i kore ai koutou i kaha ki te tiaki i ngā wāhi tapu i roto i te Tāpui. E tino pōuri ana te ngākau o te Karauna, me tana pōuri i tino whiwhi hua nui ia i ana takahanga i te Tiriti/the Treaty, me te nui o ngā taumahatanga mā Ngāti Hāua, me te parenga atu o te tini o koutou, e ai ki ō koutou whakaaro, i roto i tōu rohe, ānō nei he iwi mana iti.
(f)
Kua roa rawa koutou e mahi nui ana ki te whakaatu i ēnei mahi takahi i te tika, ki te Karauna. Kua ako nui koutou ki te whakatere haere i ngā pūnaha me ngā hātepe o te Karauna, me te takahi tonu a te Karauna i ana kī taurangi, tana huri tuarā ki ā koutou whakahē, me te whakaparahako i a Ngāti Hāua, ahakoa he mārama tonu ki te katoa ō koutou taimahatanga. Kua tino hē i ngā mahi a te Karauna te whanaketanga ōhanga, pāpori hoki, o tō koutou iwi. Nā te hē o te hauora, nā te kore whare tōtika, ngā putanga mātauranga pāpaku me te korenga e whai wāhi ki ngā mahi ōhanga, i kaha ake ai te wehewehe atu o te tini o tō koutou iwi i te rohe. E tino pōuri ana te Karauna mō ana takahanga katoa i te Tiriti/the Treaty me ngā wharanga kua pā ki a koutou, me tana aumihi anō ki tō koutou pakari.
(g)
Mā roto i tēnei whakataunga, me tēnei whakapāha, te tūmanako rā a te Karauna ia, ka hangaia he tūāpapa mō tētehi piringa hou, i runga tonu i te wairua o te kōtuitanga i kitea e ō koutou tūpuna i te Tiriti o Waitangi/the Treaty of Waitangi.”
Crown apology
“(a)
To the ancient and resilient Ngāti Hāua, to your tūpuna who have passed and your mokopuna who will lead you into the future, the Crown makes the following apology:
(b)
Ngāti Hāua, the Crown recognises that you have maintained your place at the upper reaches of the Whanganui River for centuries, weaving together te taura whiri a Hinengākau (the plaited rope of Hinengākau) through brokering peace and fostering connection. Your tūpuna had a vision of partnership and mutual benefit when they signed te Tiriti o Waitangi/the Treaty of Waitangi. The Crown is greatly sorry that it did not live up to the promise of te Tiriti/the Treaty, and instead brought discord, death, and division to your iwi.
(c)
The Crown is deeply ashamed of and sorry for the horrific and reprehensible execution of your tupuna in 1846, and profoundly regrets that its behaviour toward Ngāti Hāua in the 1840s sowed deep and well-deserved mistrust of the Crown. In the 1860s, Crown actions led to warfare between the Crown and Ngāti Hāua. The Crown is sincerely sorry for the severe toll warfare has had on Ngāti Hāua and the intergenerational stigma you still carry from being labelled rebels and fanatics.
(d)
Ngāti Hāua have shown persistent commitment to their rangatiratanga by joining and leading land retention movements and guarding the southern boundary of Te Rohe Pōtae. Ngāti Hāua ultimately had no choice but to engage with the Crown’s determined drive to obtain land. The Crown gained access to Te Rohe Pōtae to complete the North Island Main Trunk Railway by giving assurances that it did not honour. The Crown not only took land for the Railway without paying compensation, but purchased extensive amounts of land for European settlement.
(e)
The Crown is truly remorseful for acquiring so much land that Ngāti Hāua became virtually landless, severed from resources, wāhi tapu, and taonga. The Crown compulsorily acquired further land for public works. The Crown did not consult with Ngāti Hāua before establishing the Tongariro National Park or include you in the management arrangements, leaving you unable to safeguard wāhi tapu within the Park. The Crown is greatly regretful and sorry that it gained so much from its breaches of te Tiriti/the Treaty at an immense cost to Ngāti Hāua and left many of you feeling marginalised in your own rohe, like second-class citizens.
(f)
You have worked tirelessly for so long to make the Crown aware of these injustices. You have had to learn and navigate the Crown’s systems and processes while the Crown has broken promises, ignored your protests, and shown Ngāti Hāua a profound lack of care when you have clearly been struggling. The Crown’s acts and omissions have hindered the socio-economic development of your people. Poor health, inadequate housing, low educational outcomes, and a lack of economic opportunities have contributed significantly to many of your people leaving the rohe. The Crown is unreservedly sorry for all of its breaches of te Tiriti/the Treaty and the harm they have caused you and pays tribute to your resilience.
(g)
Through this settlement, including this apology, the Crown hopes to build a platform on which we can form a new relationship, one that is based on the spirit of partnership that your tūpuna saw in te Tiriti o Waitangi/the Treaty of Waitangi.”
Crown acknowledgement of Te Pou Tikanga
11 Crown acknowledgement of importance of Te Pou Tikanga to Ngāti Hāua
(1)
The Crown acknowledges and respects the importance of Te Pou Tikanga to Ngāti Hāua.
(2)
The Crown acknowledges that Ngāti Hāua regards Te Pou Tikanga as—
(a)
underpinning the settlement of the historical claims of Ngāti Hāua against the Crown; and
(b)
a basis for resetting the relationship between Ngāti Hāua and the Crown.
(3)
The Crown acknowledges that Ngāti Hāua desires to have a relationship with the Crown based on Te Pou Tikanga.
(4)
In this section, Te Pou Tikanga has the meaning given in clause 2.1 of Te Pua o Te Riri Kore.
Interpretation provisions
12 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 Te Pua o Te Riri Kore.
13 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
area of interest means the area shown as the Ngāti Hāua area of interest in part 1 of the attachments
attachments means the attachments to Te Pua o Te Riri Kore
commercial redress property has the meaning given in section 222
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 42 by the Minister of Conservation and the Director-General; and
(b)
includes any amendments made under section 42(3)
deferred selection property has the meaning given in section 222
Director-General means the Director-General of Conservation
documents schedule means the documents schedule of Te Pua o Te Riri Kore
effective date means the date that is 6 months after the settlement date
exclusive RFR land has the meaning given in section 240
historical claims has the meaning given in section 15
interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property
jointly vested property has the meaning given in section 66
LINZ means Land Information New Zealand
local authority has the meaning given in section 5(1) of the Local Government Act 2002
member of Ngāti Hāua means an individual referred to in section 14(1)(a)
national park management plan has the meaning given to management plan in section 2 of the National Parks Act 1980
property redress schedule means the property redress schedule of Te Pua o Te Riri Kore
Raurimu Station property has the meaning given in section 238
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 14(1)(a); or
(ii)
1 or more members of Ngāti Hāua; or
(iii)
1 or more of the whānau, hapū, or groups referred to in section 14(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 2 of Part 4
RFR land has the meaning given in section 239
settlement date means the date that is 40 working days after the date on which this Act comes into force
shared RFR land has the meaning given in section 241
statutory acknowledgement has the meaning given in section 33
Te Kāhui Maru Trust: Te Iwi o Maruwharanui has the meaning given in section 12(1) of the Ngāti Maru (Taranaki) Claims Settlement Act 2022
Te Korowai o Wainuiārua Trust has the meaning given in section 12(1) of the Te Korowai o Wainuiārua Claims Settlement Act 2025
Te Pua o Te Riri Kore—
(a)
means the deed of settlement dated 29 March 2025 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)
Joseph George Allen Jr, Graham Evans Bell, Lois Jean Tutemahurangi, Louise Raewyn Wahapa, Brett Arthur Anderson, Aaron Jon Rice-Edwards, Raemoana Piki Waitapu Taiaroa-Whatarangi, and Timothy John Castle, for and on behalf of Ngāti Hāua; and
(iii)
Joseph George Allen Jr, Graham Evans Bell, Lois Jean Tutemahurangi, Louise Raewyn Wahapa, Brett Arthur Anderson, Aaron Jon Rice-Edwards, and Raemoana Piki Waitapu Taiaroa-Whatarangi, being the trustees of Te Whiringa Kākaho o Ngāti Hāua; and
(b)
includes—
(i)
the schedules of, and attachments to, the deed; and
(ii)
any amendments to the deed or its schedules and attachments
Te Tuanui has the meaning given in section 47
Te Whiringa Kākaho o Ngāti Hāua means the trust of that name established by a trust deed dated 25 March 2025
tikanga or Ngāti Hāua tikanga means Ngāti Hāua customary values and practices
trustees of Te Kāhui Maru Trust: Te Iwi o Maruwharanui has the meaning given in section 12(1) of the Ngāti Maru (Taranaki) Claims Settlement Act 2022
trustees of Te Whiringa Kākaho o Ngāti Hāua and trustees mean the trustees, acting in their capacity as trustees, of Te Whiringa Kākaho o Ngāti Hāua
trustees of the Te Korowai o Wainuiārua Trust has the meaning given in section 12(1) of the Te Korowai o Wainuiārua Claims Settlement Act 2025
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:
(e)
the day observed as the anniversary of the province of Auckland, other than in relation to the shared RFR land:
(f)
in relation to the shared RFR land, the day observed as the anniversary of the province of Taranaki.
(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.
14 Meaning of Ngāti Hāua
(1)
In this Act, Ngāti Hāua—
(a)
means the collective group composed of individuals who are descended from an ancestor of Ngāti Hāua; and
(b)
includes those individuals; and
(c)
includes any whānau, hapū, or group to the extent that it is composed of those individuals, including the following groups:
(1)
Hāuaroa ki te Rangi; and
(2)
Ngāi Turi; and
(3)
Ngāti Hāua; and
(4)
Ngāti Hāuaroa; and
(5)
Ngāti Hekeāwai; and
(6)
Ngāti Hinetakuao; and
(7)
Ngāti Hinewai; and
(8)
Ngāti Hira; and
(9)
Ngāti Keu; and
(10)
Ngāti Kura; and
(11)
Ngāti Onga; and
(12)
Ngāti Pareteho; and
(13)
Ngāti Pareuira; and
(14)
Ngāti Pikikōtuku; and
(15)
Ngāti Poutama; and
(16)
Ngāti Rangitauwhata; and
(17)
Ngāti Rangitengaue; and
(18)
Ngāti Reremai; and
(19)
Ngāti Ruru; and
(20)
Ngāti Tamakaitoa; and
(21)
Ngāti Tama-o-Ngāti Hāua; and
(22)
Ngāti Te Āwhitu; and
(23)
Ngāti Te Huaki; and
(24)
Ngāti Tū; and
(25)
Ngāti Te Wera; and
(26)
Ngāti Whakairi; and
(27)
Ngāti Whati.
(2)
In this section and section 15,—
ancestor of Ngāti Hāua means an individual who—
(a)
exercised customary rights by virtue of being descended from—
(i)
Hinengākau and Tamahina; or
(ii)
any other recognised ancestor of a group referred to in subsection (1)(c); and
(b)
exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840
customary rights means rights exercised according to Ngāti Hāua tikanga, including—
(a)
rights to occupy land; and
(b)
rights in relation to the use of land or other natural or physical resources
descended means that a person is descended from another person by—
(a)
birth; or
(b)
legal adoption; or
(c)
Māori customary adoption in accordance with Ngāti Hāua tikanga.
15 Meaning of historical claims
(1)
In this Act, historical claims—
(a)
means the claims described in subsection (2); and
(b)
includes the claims described in subsection (3); but
(c)
does not include the claims described in subsection (4).
(2)
The historical claims are every claim that Ngāti Hāua or a representative entity had on or before the settlement date, or may have after the settlement date, and that—
(a)
is founded on a right arising—
(i)
from te Tiriti o Waitangi/the Treaty of Waitangi or its principles; or
(ii)
under legislation; or
(iii)
at common law (including aboriginal title or customary law); or
(iv)
from a fiduciary duty; or
(v)
otherwise; and
(b)
arises from, or relates to, acts or omissions before 21 September 1992—
(i)
by or on behalf of the Crown; or
(ii)
by or under legislation.
(3)
The historical claims include—
(a)
a claim to the Waitangi Tribunal that relates exclusively to Ngāti Hāua or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:
(i)
Wai 764—Piriaka School Land (Taumarunui) claim:
(ii)
Wai 1191—Ngāti Hinewai Land claim:
(iii)
Wai 1505—Te Patutokotoko and Ngāti Heke (Bell) claim:
(iv)
Wai 2156—Ngāti Haauapaparangi Tangata Whenua claim; and
(b)
every other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Hāua or a representative entity:
(i)
Wai 48—The Whanganui ki Maniapoto claim:
(ii)
Wai 50—Rangitoto Tuhua 55A Block claim:
(iii)
Wai 81—Waihaha and Other Lands claim:
(iv)
Wai 146—King Country Lands claim:
(v)
Wai 167—Whanganui River claim:
(vi)
Wai 366—Hutt Valley Lands claim:
(vii)
Wai 759—Whanganui Vested Lands claim:
(viii)
Wai 987—Rangitoto-Tuhua Land Block claim:
(ix)
Wai 1064—Ngāti Rangatahi Public Works claim:
(x)
Wai 1097—Ohura South A (Taringamotu) Survey Block Alienation claim:
(xi)
Wai 1147—Te Uhi Ohura South claim:
(xii)
Wai 1203—Ohura South B and Associated Land Blocks claim:
(xiii)
Wai 1299—Ngāti Hekeāwai Land Block claim:
(xiv)
Wai 1480—Te Karu o Te Ngira claim:
(xv)
Wai 1594—Descendants of Te Hore Te Waa Nukurarae claim:
(xvi)
Wai 1605—Albert and Sophie Ketu Whānau claim:
(xvii)
Wai 1637—Te Ātihaunui a Pāpārangi (Taiaroa and Mair) claim:
(xviii)
Wai 1803—Ngāti Hari (Turu and Canterbury) claim:
(xix)
Wai 1812—Ongarue, Ohura and Otunui River Areas claim:
(xx)
Wai 1819—King Country Māori Contemporary Health Issues (Paki) claim:
(xxi)
Wai 1933—Descendants of Makara Blocks claim:
(xxii)
Wai 1934—Descendants of Ngakete Parehounuku claim:
(xxiii)
Wai 2278—Whanganui Mana Wahine (Waitokia) claim.
(4)
However, the historical claims do not include—
(a)
a claim that a member of Ngāti Hāua, or a whānau, hapū, or group referred to in section 14(1)(c), had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not an ancestor of Ngāti Hāua; or
(b)
any claim that a member of Ngāti Hekeāwai, Ngāti Kura, Ngāti Ruru, or Ngāti Tamakaitoa may have, to the extent that a claim is, or is founded on, a right arising from being descended from an ancestor other than Hinengākau and Tamahina; or
(c)
a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a) or (b).
(5)
A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.
Historical claims settled and jurisdiction of courts, etc, removed
16 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 Te Pua o Te Riri Kore.
(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)
Te Pua o Te Riri Kore; or
(c)
this Act; or
(d)
the redress provided under Te Pua o Te Riri Kore 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 Te Pua o Te Riri Kore or this Act.
Amendment to Treaty of Waitangi Act 1975
17 Amendment to Treaty of Waitangi Act 1975
(1)
This section amends the Treaty of Waitangi Act 1975.
(2)
In Schedule 3, insert in its appropriate alphabetical order:
Ngāti Hāua Claims Settlement Act 2025, section 16(4) and (5)
Resumptive memorials no longer to apply
18 Certain enactments do not apply
(1)
The enactments listed in subsection (2) do not apply—
(a)
to a cultural redress property; or
(b)
to a commercial redress property; or
(c)
to the exclusive RFR land; or
(d)
to the shared RFR land; or
(e)
to the Raurimu Station property; or
(f)
for the benefit of Ngāti Hāua 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.
19 Resumptive memorials to be cancelled
(1)
The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the record of title for, each allotment that—
(a)
is all or part of—
(i)
a cultural redress property:
(ii)
a commercial redress property:
(iii)
the exclusive RFR land:
(iv)
the shared RFR land:
(v)
the Raurimu Station property; and
(b)
is subject to a resumptive memorial recorded under an enactment listed in section 18(2).
(2)
The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after—
(a)
the settlement date, for a cultural redress property, a commercial redress property, the exclusive RFR land, or the Raurimu Station property; or
(b)
the date the RFR period commences, for shared 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 18(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
20 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 Te Pua o Te Riri Kore,—
(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 134 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, 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, 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 20 of the Ngāti Hāua Claims Settlement Act 2025; 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, 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 that is 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(1) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.
21 Act does not override Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
Except as provided in sections 20(2)(b) and (d), 138(1) and (2), 139(1) and (2), 231(1) to (3), 233(1) and (2), 235(1) and (2), and 237(1) and (2), nothing in this Act overrides the provisions of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.
Miscellaneous matters
22 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)
Te Whiringa Kākaho o Ngāti Hāua 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 Te Pua o Te Riri Kore 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 Te Whiringa Kākaho o Ngāti Hāua is or becomes a charitable trust, the trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019.
23 Treatment of Te Whiringa Kākaho o Ngāti Hāua under Te Ture Whenua Maori Act 1993
(1)
Te Whiringa Kākaho o Ngāti Hāua is not a trust constituted in respect of—
(a)
any Maori land for the purpose of section 236(1)(b) of Te Ture Whenua Maori Act 1993; or
(b)
any General land owned by Maori for the purpose of section 236(1)(c) of that Act.
(2)
In this section, Maori land and General land owned by Maori have the meanings given in section 4 of Te Ture Whenua Maori Act 1993.
24 Access to Te Pua o Te Riri Kore
The chief executive of the Office for Māori Crown Relations—Te Arawhiti must make copies of Te Pua o Te Riri Kore 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 Pardons
25 Historical background to pardons and recognition of character, mana, and reputation
Te reo Māori
(1)
I te tau 1846, ka toro te pakanga i te riu o Heretaunga i waenga i te Karauna, te hunga manene me Ngāti Hāua. I te whai te Karauna ki te hoko whenua, ā, ka tonoa e ia a Ngāti Hāua kia whakarērea ō rātou whenua me ā rātou kai i te riu o Heretaunga, nāna hoki i noho ki ā rātou mahinga kai, i mua i tana tīmata ki te whakaaro mō te utu i tētehi kāpeneheihana mā Ngāti Hāua. Ka tūkinotia e ngā hōia a te Karauna ā rātou rawa, ā, i whakahau take kore te Karauna kia mana ngā ture hōia i te marama o Māehe 1846. I ngā marama o Mei me Hune, ka arahina e Tōpine Te Mamaku tētehi taua ki te pakanga i te riu o Heretaunga, ā, i hinga he tūpāpaku i tētehi taha, i tētehi taha. Ka whakawhānuitia te ture hōia ki te rohe o Whanganui, me tana whai ki te hopu i ērā i whai wāhi ki te pakanga.
(2)
I te 1 Ākuhata 1846, ka mau i ngā hōia o te Karauna ētehi whanaunga tokorua nō Tōpine Te Mamaku, tata tonu ki te pā o tētehi rangatira i kīa rā e te Karauna he “tangata tutū”
i te takiwā o Pāuatahanui; ko Te Rangiātea tētehi, i kīa rā “he kaumātua he kaha rawa te māuiui, he pōauau rānei, i kore ai e kaha ki te oma atu”
, ā, ko Mātene Ruta Te Whareaitu tētehi, he teina tēnei ki a Tōpine Te Mamaku.
(3)
I te 14 me te 15 Hepetema 1846, ka whakatūria he kōti hōia hei whakawā i tēnei tokorua. Nā te whakawā i a Te Rangiātea rāua ko Mātene Ruta Te Whareaitu i raro i ngā ture hōia, i kore katoa ai ō rātou kauparenga whakahaere tika, kua wātea ki a rāua me he kōti tangata noa.
(4)
I kitea e te Kōti i hara a Te Rangiātea mō tana hāpai rākau whawhai me te tautoko hoki i tētehi rangatira tutū, me tana mahi, tana tautoko me tana āwhina i te tutū ki te Karauna. I muri i te puaki whakawā, tokorua ngā āpiha tākuta i hora whakaaro ki te Kōti Hōia, he “pōrewarewa te hinengaro”
o Te Rangiātea. Kātahi ka whakawhiua a Te Rangiātea e Te Kōti Hōia kia herea hei wairangi mō te roanga atu o tana oranga. E rua marama i muri mai, ka mate ia i roto i tētehi whare kāwanatanga.
(5)
I kitea e te Kōti i hara a Mātene Ruta Te Whareaitu mō tana hāpai rākau whawhai me te tautoko hoki i tētehi rangatira tutū, me te tūkino i tētehi hoa Māori o te Karauna, me tana mahi, tana tautoko me tana āwhina i te tutū ki te Karauna. I whakawhiua a Te Whareaitu kia tāronatia ia, kia mate rawa. I puta te kī a te āpiha ngārahu o ngā ope hōia i te wāhanga ki te tonga, ko te whakaaro kia noho te whakamatenga o Te Whareaitu “hei tauira ki ngā tāngata Māori, i reira te tini o rātou i taua wā”
.
(6)
I whakamatea rawatia a Mātene Ruta Te Whareaitu, nā te tārona, i 17 Hepetema 1846. I roto i ngā niupepa o Aotearoa, i puta te kī, ko te whakamatenga o Te Whareaitu “tētehi ngakinga mate mutunga mai o te hekenga toto”
.
(7)
I nehua hohorotia ngā tūpāpaku o Te Rangiātea rāua ko Mātene Ruta Te Whareaitu, kāhore he tangihanga, he karakia nā Ngāti Hāua, ā, kāore i te mōhiotia te takotoranga whakamutunga o ēnei tūpuna e rua. E kimi tonu ana ngā uri o ēnei tūpuna me Ngāti Hāua i ngā takotoranga o ēnei tūpuna, me tō rātou wawata kia whakahokia mai ki te wā kāinga.
(8)
I te 16 Hepetema 1846, i te rā i mua i tana whakamatenga, nā Mātene Ruta Te Whareaitu tēnei waiata tangi i tito:
| E rere rā e te aouru, tāu hōkai ana i runga rā, Kaikawe kōrero ki te iwi ka wehea, Nāna te punga i tuku ki raro waka, Rehurehu ai ngā tuku ki a Kapiti rā, Kia tangi au, homai kia ringia, He puna wai kei aku kamo. |
English
(1)
In 1846, conflict broke out in the Heretaunga valley between the Crown, settlers, and Ngāti Hāua. The Crown, seeking to purchase land, ordered Ngāti Hāua to abandon land and crops in the Heretaunga valley and occupied their cultivations before it would consider paying compensation to Ngāti Hāua. Crown troops and settlers destroyed their property and the Crown unnecessarily imposed martial law in March 1846. In May and June, a Ngāti Hāua tauā led by Tōpine Te Mamaku and the Crown engaged in conflict in the Heretaunga valley and there were fatalities on both sides. The Crown extended martial law to include the Whanganui district and sought to capture those who had been involved in the conflict.
(2)
On 1 August 1846, Crown troops captured 2 relatives of Tōpine Te Mamaku close to the pā of a chief the Crown considered a “rebel”
near Pāuatahanui; Te Rangiātea, who was an “old man either too sick or confused to escape capture”
, and Mātene Ruta Te Whareaitu, a younger brother of Tōpine Te Mamaku.
(3)
On 14 and 15 September 1846, a court martial was convened to try the 2 men. Trying Te Rangiātea and Mātene Ruta Te Whareaitu under martial law meant they were deprived of procedural protections that would have been their right at a civilian trial.
(4)
Te Rangiātea was found guilty of being an armed follower of a rebel chief, and for having acted, aided, and assisted in the rebellion against the Crown. Following the verdict, 2 medical officers provided opinions to the Court Martial that Te Rangiātea was of “unsound mind”
. The Court Martial then sentenced Te Rangiātea to confinement as a lunatic for the remainder of his life. He died in state care 2 months later.
(5)
Mātene Ruta Te Whareaitu was found guilty of being an armed follower of a rebel chief, of resisting and wounding one of the Crown’s Māori allies, and for having acted, aided, and assisted in the rebellion against the Crown. He was sentenced to be hanged by the neck until death. The commanding officer of military forces in the southern division described how Te Whareaitu’s execution was to serve as “an example to the Natives many of whom were present”
.
(6)
The Crown executed Mātene Ruta Te Whareaitu by hanging on 17 September 1846. This event was described in the New Zealand press as “a most sanguinary display of vengeance”
.
(7)
The bodies of Te Rangiātea and Mātene Ruta Te Whareaitu were interred without appropriate Ngāti Hāua ceremony and the final resting place of both tūpuna is unknown. The uri of these tūpuna and Ngāti Hāua continue to search for their remains and still desire to return them to their ancestral homelands.
(8)
On 16 September 1846, the day before he was executed, Mātene Ruta Te Whareaitu composed the following waiata tangi:
| E rere rā e te aouru, tāu hōkai ana i runga rā, Kaikawe kōrero ki te iwi ka wehea, Nāna te punga i tuku ki raro waka, Rehurehu ai ngā tuku ki a Kapiti rā, Kia tangi au, homai kia ringia, He puna wai kei aku kamo. Transition the dawn within your expanse above, Messenger to the people of my impending demise, Setting the anchor of my waka (determining my fateful departure), Tearfully obscuring the last tributes to Kapiti afar, Initiating my heartfelt lament, permeating in the release Of the pool of tears from mine eyes. |
26 Pardons and recognition of character, mana, and reputation
(1)
Sections 8, 9, and 25 and the historical account in Te Pua o Te Riri Kore record the Crown’s treatment of Te Rangiātea and Mātene Ruta Te Whareaitu under martial law, including the exceptional harshness of their punishments arising from events in the Wellington region in 1846 and the resulting intergenerational stigma and mamae experienced by their uri and by Ngāti Hāua.
(2)
Te Rangiātea and Mātene Ruta Te Whareaitu are pardoned for their convictions, and their character, mana, and reputation, as well as that of their uri, are recognised.
Part 3 Cultural redress
Subpart 1—Protocols
27 Interpretation
In this subpart,—
protocol—
(a)
means each of the following protocols issued under section 28(1) or (2):
(i)
the Crown minerals protocol:
(ii)
Appendix B of the Whakaaetanga Tiaki Taonga; and
(b)
includes any amendments made under section 28(3)
responsible Minister means the 1 or more Ministers who have responsibility under a protocol
Whakaaetanga Tiaki Taonga means the document entered into under clause 9.18 of Te Pua o Te Riri Kore (in the form set out in part 7 of the documents schedule).
General provisions applying to protocols
28 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 7 of the documents schedule.
(2)
Appendix B of the Whakaaetanga Tiaki Taonga must be treated as having been issued by the responsible Minister for that protocol on the terms set out in part 7 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.
29 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 Ngāti Hāua or a representative entity.
30 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
31 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
32 Appendix B of Whakaaetanga Tiaki Taonga
(1)
Appendix B of the Whakaaetanga 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
33 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 Ngāti Hāua of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
(b)
set out in part 4 of the documents schedule
statutory acknowledgement means the acknowledgement made by the Crown in section 34 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
34 Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
35 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 36 to 38; 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 39 and 40; and
(c)
to enable the trustees and any member of Ngāti Hāua to cite the statutory acknowledgement as evidence of the association of Ngāti Hāua with a statutory area, in accordance with section 41.
36 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.
37 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.
38 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.
39 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 34 to 38, 40, and 41; 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.
40 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.
41 Use of statutory acknowledgement
(1)
The trustees and any member of Ngāti Hāua may, as evidence of the association of Ngāti Hāua 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 Ngāti Hāua are not precluded from stating that Ngāti Hāua 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
42 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 5 of the documents schedule for the statutory areas administered by the Department of Conservation.
(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
43 Application of statutory acknowledgement to river, stream, or lake
(1)
If any part of the statutory acknowledgement applies to a river or stream, including a tributary, that part of the acknowledgement—
(a)
applies only to—
(i)
the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and
(ii)
the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but
(b)
does not apply to—
(i)
a part of the bed of the river or stream that is not owned by the Crown; or
(ii)
an artificial watercourse.
(2)
Despite subsection (1)(b)(i), the statutory acknowledgement applies to any part of the bed of the river or stream that is owned by Te Awa Tupua in the Puna Wai statutory area.
(3)
If any part of a statutory acknowledgement applies to a lake,—
(a)
that part of the acknowledgement applies only to the body of fresh water in the lake; and
(b)
that part of the acknowledgement 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.
(4)
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.
44 Exercise of powers and performance of functions and duties
(1)
The statutory acknowledgement and 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 Ngāti Hāua 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 the deed of recognition.
45 Rights not affected
(1)
The statutory acknowledgement and deed of recognition—
(a)
do not affect the lawful rights or interests of a person who is not a party to Te Pua o Te Riri Kore; 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
46 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:
Ngāti Hāua Claims Settlement Act 2025
Subpart 3—Te Tuanui
47 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
protection principles, for the Te Tuanui area,—
(a)
means the principles agreed by the trustees and the Minister of Conservation, as set out for the area in part 3 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 the Te Tuanui area, means the actions set out for the area in part 3 of the documents schedule
statement of values, for the Te Tuanui area, means the statement—
(a)
made by Ngāti Hāua of their values relating to their cultural, historical, spiritual, and traditional association with the Te Tuanui area; and
(b)
set out in part 3 of the documents schedule
Te Tuanui means the application of this subpart to the Te Tuanui area
Te Tuanui area—
(a)
means the area that is declared under section 48(1) to be subject to Te Tuanui; but
(b)
does not include an area that is declared under section 59(1) to be no longer subject to Te Tuanui.
48 Declaration of Te Tuanui and the Crown’s acknowledgement
(1)
The area described in Schedule 2 is declared to be subject to Te Tuanui.
(2)
The Crown acknowledges the statements of values for the Te Tuanui area.
49 Purposes of Te Tuanui
The only purposes of Te Tuanui are—
(a)
to require the New Zealand Conservation Authority and relevant Conservation Boards to comply with the obligations in section 51; and
(b)
to enable the taking of action under sections 52 to 57.
50 Effect of protection principles
The protection principles are intended to prevent the values stated in the statement of values for the Te Tuanui area from being harmed or diminished.
51 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 the Te Tuanui 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 the Te Tuanui 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 the Te Tuanui area, the Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.
52 Noting of Te Tuanui in strategies and plans
(1)
The application of Te Tuanui to the Te Tuanui area must be noted in any conservation management strategy, conservation management plan, or national park management plan affecting the area.
(2)
The noting of Te Tuanui 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.
53 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 48 that Te Tuanui applies to the Te Tuanui area; and
(b)
the protection principles for the Te Tuanui 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 54 or 55.
54 Actions by Director-General
(1)
The Director-General must take action in relation to the protection principles that relate to the Te Tuanui 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.
55 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 the Te Tuanui 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.
56 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 55(1):
(b)
to regulate or prohibit activities or conduct by members of the public in relation to the Te Tuanui 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).
57 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 55(1):
(b)
to regulate or prohibit activities or conduct by members of the public in relation to the Te Tuanui 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).
58 Effect of Te Tuanui on Te Tuanui area
(1)
This section applies if, at any time, Te Tuanui 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)
Te Tuanui 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.
59 Termination of Te Tuanui
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of the Te Tuanui area is no longer subject to Te Tuanui.
(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 Te Tuanui 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 Te Tuanui area.
(4)
The Minister of Conservation must ensure that an order made under this section is published in the Gazette.
60 Exercise of powers and performance of functions and duties
(1)
Te Tuanui 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 the Te Tuanui area than that person would give if the area were not subject to Te Tuanui.
(3)
Subsection (2) does not limit subsection (1).
(4)
This section is subject to the other provisions of this subpart.
61 Rights not affected
(1)
Te Tuanui does not—
(a)
affect the lawful rights or interests of a person who is not a party to Te Pua o Te Riri Kore; or
(b)
have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the Te Tuanui area.
(2)
This section is subject to the other provisions of this subpart.
Subpart 4—Official geographic names
62 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.
63 Official geographic names
(1)
A name specified in the second column of the table in clause 8.69 of Te Pua o Te Riri Kore is the official geographic name of the feature described in the third and fourth columns of that table.
(2)
Each official geographic name given under subsection (1) 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.
64 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 63.
(2)
The notice must state that each official geographic name became an official geographic name on the settlement date.
65 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—Vesting of cultural redress properties
66 Interpretation
In this subpart,—
Crown stratum means the space occupied by—
(a)
the water of a lake; and
(b)
the air above the bed of a lake
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)
Former Kākahi School property:
(2)
Former Kirikau School property:
(3)
Makakote property:
(4)
Makere Te Uruweherua:
(5)
Mangatiti Landing property:
(6)
Maniniau:
(7)
Maraekōwhai property:
(8)
Ngā Wai Heke:
(9)
Ōhura River property:
(10)
Rangipuhia:
(11)
Rangiwhakarurua:
(12)
Taitua Street site A:
(13)
Taitua Street site B:
(14)
Tawhata property:
(15)
Te Whiutahi:
(16)
Tūmoana:
Properties vested in fee simple to be administered as reserves
(17)
Aorangi property:
(18)
Awahou property:
(19)
Hawkin’s Wetland property:
(20)
Kākahi property:
(21)
Kauhangaroa property:
(22)
Kawautahi property:
(23)
Koiro Farms property:
(24)
Koiro property:
(25)
Kouturoa property:
(26)
Kururau property:
(27)
Mangaoturu property:
(28)
Matahānea:
(29)
Matiere Domain property:
(30)
Motutara property:
(31)
Ngā Huinga:
(32)
Ngamoturiki property:
(33)
Ngataumata property:
(34)
Ohinetonga property:
(35)
Ōhura Bowling Club property:
(36)
Opatu property:
(37)
Oruru property:
(38)
Ōwhango Domain property:
(39)
Paparoa property:
(40)
Pukeatua property:
(41)
Puketōtara site A:
(42)
Puketōtara site B:
(43)
Rangi property:
(44)
Reremai:
(45)
Rurumaiakatea:
(46)
Takahirekareka:
(47)
Tāngarākau Forest property:
(48)
Tāngarākau property:
(49)
Tapui property:
(50)
Tatu site A:
(51)
Tatu site B:
(52)
Te Miro:
(53)
Tuku Street Domain property:
(54)
Waipahihi property:
(55)
Waitewhena property:
(56)
Whakapapa Island property:
(57)
Whangamōmona Forest property:
Lakebed property vested in fee simple to be administered as reserve
(58)
bed of Lake Pohoare:
Properties jointly vested in fee simple to be administered as reserves
(59)
Hikurangi property:
(60)
Tahorapāroa property:
(61)
Tāngarākau marginal strip property:
(62)
Tangitu property:
(63)
Taumatamāhoe property:
(64)
Waihuka property
jointly vested property means each of the properties named in paragraphs (59) to (64) of the definition of cultural redress property
lake means—
(a)
the space occupied from time to time by the waters of the lake at their highest level without overflowing its banks; and
(b)
the airspace above the water of the lake; and
(c)
the bed below the water of the lake
reserve property means each of the properties named in paragraphs (17) to (64) of the definition of cultural redress property
Te Nehenehenui has the meaning given in section 12(1) of the Maniapoto Claims Settlement Act 2022
trustees of Te Nehenehenui has the meaning given in section 12(1) of the Maniapoto Claims Settlement Act 2022.
Properties vested in fee simple
67 Former Kākahi School property
The fee simple estate in the Former Kākahi School property vests in the trustees.
68 Former Kirikau School property
The fee simple estate in the Former Kirikau School property vests in the trustees.
69 Makakote property
(1)
The Makakote property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Makakote property vests in the trustees.
70 Makere Te Uruweherua
The fee simple estate in Makere Te Uruweherua vests in the trustees.
71 Mangatiti Landing property
(1)
The reservation of the Mangatiti Landing property as a local purpose reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Mangatiti Landing property vests in the trustees.
72 Maniniau
(1)
Maniniau ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in Maniniau vests in the trustees.
73 Maraekōwhai property
(1)
The Maraekōwhai property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Maraekōwhai property vests in the trustees.
74 Ngā Wai Heke
(1)
Ngā Wai Heke ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in Ngā Wai Heke vests in the trustees.
75 Ōhura River property
(1)
The reservation of the Ōhura River property as a local purpose reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Ōhura River property vests in the trustees.
76 Rangipuhia
(1)
Rangipuhia ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in Rangipuhia vests in the trustees.
77 Rangiwhakarurua
(1)
Rangiwhakarurua ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in Rangiwhakarurua vests in the trustees.
78 Taitua Street site A
The fee simple estate in Taitua Street site A vests in the trustees.
79 Taitua Street site B
The fee simple estate in Taitua Street site B vests in the trustees.
80 Tawhata property
(1)
The Tawhata property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Tawhata property vests in the trustees.
81 Te Whiutahi
(1)
Te Whiutahi ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in Te Whiutahi vests in the trustees.
82 Tūmoana
(1)
The fee simple estate in Tūmoana vests in the trustees.
(2)
The following powers and responsibilities of Manawatū–Whanganui Regional Council under the Soil Conservation and Rivers Control Act 1941 continue to apply as if the vesting under subsection (1) had not occurred:
(a)
to access, construct, reconstruct, alter, repair, or maintain any works in or on Tūmoana that minimise or prevent damage by floods or erosion and that are owned by the Council:
(b)
to access any works in or on any adjacent land that minimise or prevent damage by floods or erosion.
(3)
The improvements attached to Tūmoana associated with the walking track marked A on OMCR-006-017 do not vest in the trustees, despite the vesting under subsection (1).
(4)
Subsections (1) to (3) do not take effect until the trustees have provided Ruapehu District Council with a registrable easement in gross for a right to drain sewage on the terms and conditions set out in part 8.1 of the documents schedule.
Properties vested in fee simple to be administered as reserves
83 Aorangi property
(1)
The reservation of the Aorangi property (being Aorangi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Aorangi property vests in the trustees.
(3)
The Aorangi 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 Te Wera Scenic Reserve.
84 Awahou property
(1)
The reservation of the Awahou property (being part of Awahou Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Awahou property vests in the trustees.
(3)
The Awahou 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 Whatāruhe Scenic Reserve.
85 Hawkin’s Wetland property
(1)
The reservation of the Hawkin’s Wetland property (being part of Hawkin’s Wetland Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Hawkin’s Wetland property vests in the trustees.
(3)
The Hawkin’s Wetland 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 Te Kūkūwai o Tamahina Scenic Reserve.
86 Kākahi property
(1)
The Kākahi property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Kākahi property vests in the trustees.
(3)
The Kākahi 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 Te Kōhanga o Tauarua Scenic Reserve.
87 Kauhangaroa property
(1)
The reservation of the Kauhangaroa property (being part of Kauhangaroa Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Kauhangaroa property vests in the trustees.
(3)
The Kauhangaroa 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 Ngāi Turi Scenic Reserve.
88 Kawautahi property
(1)
The reservation of the Kawautahi property (being part of Kawautahi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Kawautahi property vests in the trustees.
(3)
The Kawautahi 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 Ngāmanoka Scenic Reserve.
89 Koiro Farms property
(1)
The Koiro Farms property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Koiro Farms property vests in the trustees.
(3)
The Koiro Farms 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 Tama Scenic Reserve.
90 Koiro property
(1)
The Koiro property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Koiro property vests in the trustees.
(3)
The Koiro 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 Koiro Scenic Reserve.
91 Kouturoa property
(1)
The Kouturoa property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Kouturoa property vests in the trustees.
(3)
The Kouturoa 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 Kouturoa Scenic Reserve.
92 Kururau property
(1)
The reservation of the Kururau property (being Kururau Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Kururau property vests in the trustees.
(3)
The Kururau 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 Hinewai Scenic Reserve.
93 Mangaoturu property
(1)
The reservation of the Mangaoturu property (being Mangaoturu Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Mangaoturu property vests in the trustees.
(3)
The Mangaoturu 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 Mangaoturu Scenic Reserve.
94 Matahānea
(1)
Matahānea ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in Matahānea vests in the trustees.
(3)
Matahānea 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 Matahānea Scenic Reserve.
95 Matiere Domain property
(1)
The reservation of the Matiere Domain property as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Matiere Domain property vests in the trustees.
(3)
The Matiere Domain property is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.
(4)
The reserve is named Toi Recreation Reserve.
(5)
Ruapehu District Council is the administering body of the reserve as if the Council were appointed to control and manage the reserve under section 28 of the Reserves Act 1977.
96 Motutara property
(1)
The reservation of the Motutara property (being part of Motutara Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Motutara property vests in the trustees.
(3)
The Motutara 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 Pikikōtuku Scenic Reserve.
97 Ngā Huinga
(1)
The reservation of the parts of Ngā Huinga that are a recreation reserve subject to the Reserves Act 1977 (being part of Taumarunui/Rangaroa Recreation Reserve) are revoked.
(2)
The part of Ngā Huinga that is a conservation area ceases to be a conservation area under the Conservation Act 1987.
(3)
The fee simple estate in Ngā Huinga vests in the trustees.
(4)
Ngā Huinga is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.
(5)
The reserve is named Ngā Huinga Recreation Reserve.
(6)
Ruapehu District Council is the administering body of the reserve as if the Council were appointed to control and manage the reserve under section 28 of the Reserves Act 1977.
(7)
Subsections (1) to (6) do not take effect until the trustees have provided—
(a)
Ruapehu District Council with a registrable easement in gross for a right to convey water on the terms and conditions set out in part 8.2 of the documents schedule; and
(b)
the Crown with a registrable easement in gross for a right of way on the terms and conditions set out in part 8.3 of the documents schedule.
(8)
Despite the provisions of the Reserves Act 1977, the easements—
(a)
are enforceable in accordance with their terms; and
(b)
are to be treated as having been granted in accordance with the Reserves Act 1977.
98 Ngamoturiki property
(1)
The reservation of the Ngamoturiki property (being part of Ngamoturiki Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Ngamoturiki property vests in the trustees.
(3)
The Ngamoturiki 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 Tamahina Scenic Reserve.
99 Ngataumata property
(1)
The reservation of the Ngataumata property (being Ngataumata Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Ngataumata property vests in the trustees.
(3)
The Ngataumata 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 Ngataumata Scenic Reserve.
100 Ohinetonga property
(1)
The reservation of the Ohinetonga property (being part of Ohinetonga Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Ohinetonga property vests in the trustees.
(3)
The Ohinetonga 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 Hautawa Scenic Reserve.
101 Ōhura Bowling Club property
(1)
The reservation of the Ōhura Bowling Club property as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Ōhura Bowling Club property vests in the trustees.
(3)
The Ōhura Bowling Club property is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.
(4)
The reserve is named Ōhura Recreation Reserve.
(5)
Ruapehu District Council is the administering body of the reserve as if the Council were appointed to control and manage the reserve under section 28 of the Reserves Act 1977.
102 Opatu property
(1)
The Opatu property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Opatu property vests in the trustees.
(3)
The Opatu 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 Tinirau Ariki Scenic Reserve.
103 Oruru property
(1)
The reservation of the Oruru property (being Oruru Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Oruru property vests in the trustees.
(3)
The Oruru 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 Oruru Scenic Reserve.
104 Ōwhango Domain property
(1)
The reservation of the Ōwhango Domain property (being part of Owhango Domain Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Ōwhango Domain property vests in the trustees.
(3)
The Ōwhango Domain 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 Turaki Scenic Reserve.
(5)
Ruapehu District Council is the administering body of the reserve as if the Council were appointed to control and manage the reserve under section 28 of the Reserves Act 1977.
105 Paparoa property
(1)
The Paparoa property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Paparoa property vests in the trustees.
(3)
The Paparoa 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 Paparoa Scenic Reserve.
106 Pukeatua property
(1)
The Pukeatua property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Pukeatua property vests in the trustees.
(3)
The Pukeatua 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 Reretāruke Scenic Reserve.
107 Puketōtara site A
(1)
The reservation of Puketōtara site A (being part of Sunshine Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Puketōtara site A vests in the trustees.
(3)
Puketōtara site A 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 Puketōtara Scenic Reserve.
(5)
Ruapehu District Council is the administering body of the reserve as if the Council were appointed to control and manage the reserve under section 28 of the Reserves Act 1977.
108 Puketōtara site B
(1)
The reservation of Puketōtara site B (being part of Sunshine Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Puketōtara site B vests in the trustees.
(3)
Puketōtara site B 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 Puketōtara (No 2) Scenic Reserve.
109 Rangi property
(1)
The reservation of the Rangi property (being part of Rangi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Rangi property vests in the trustees.
(3)
The Rangi 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 Te Āwhitu Scenic Reserve.
110 Reremai
(1)
Reremai ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in Reremai vests in the trustees.
(3)
Reremai 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 Reremai Scenic Reserve.
111 Rurumaiakatea
(1)
Rurumaiakatea ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in Rurumaiakatea vests in the trustees.
(3)
Rurumaiakatea 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 Rurumaiakatea Scenic Reserve.
112 Takahirekareka
(1)
The reservation of Takahirekareka as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Takahirekareka vests in the trustees.
(3)
Takahirekareka is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.
(4)
The reserve is named Takahirekareka Recreation Reserve.
(5)
Ruapehu District Council is the administering body of the reserve as if the Council were appointed to control and manage the reserve under section 28 of the Reserves Act 1977.
(6)
Subsections (1) to (5) do not take effect until the trustees have provided Ruapehu District Council with a registrable easement in gross for a right to drain sewage on the terms and conditions set out in part 8.4 of the documents schedule.
(7)
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.
113 Tāngarākau Forest property
(1)
The Tāngarākau Forest property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Tāngarākau Forest property vests in the trustees.
(3)
The Tāngarākau 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 Piupiuterangi Scenic Reserve.
114 Tāngarākau property
(1)
The reservation of the Tāngarākau property (being part of Tāngarākau Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Tāngarākau property vests in the trustees.
(3)
The Tāngarākau 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 Pouatu Scenic Reserve.
115 Tapui property
(1)
The reservation of the Tapui property (being part of Tapui Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Tapui property vests in the trustees.
(3)
The Tapui 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 Tuao Scenic Reserve.
116 Tatu site A
(1)
Tatu site A ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in Tatu site A vests in the trustees.
(3)
Tatu site A 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 Kimihia Scenic Reserve.
117 Tatu site B
(1)
The reservation of Tatu site B (being Tatu Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Tatu site B vests in the trustees.
(3)
Tatu site B 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 Tatu Scenic Reserve.
118 Te Miro
(1)
The reservation of Te Miro as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Te Miro vests in the trustees.
(3)
Te Miro 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 Te Miro Scenic Reserve.
119 Tuku Street Domain property
(1)
The reservation of the Tuku Street Domain property as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Tuku Street Domain property vests in the trustees.
(3)
The Tuku Street Domain property is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.
(4)
The reserve is named Tuku Street Recreation Reserve.
(5)
Ruapehu District Council is the administering body of the reserve as if the Council were appointed to control and manage the reserve under section 28 of the Reserves Act 1977.
(6)
Subsections (1) to (5) do not take effect until the trustees have provided Ruapehu District Council with a registrable easement in gross for the following rights on the terms and conditions set out in part 8.5 of the documents schedule:
(a)
a right to drain sewage:
(b)
a right to drain water.
(7)
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.
120 Waipahihi property
(1)
The reservation of the Waipahihi property (being Waipahihi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Waipahihi property vests in the trustees.
(3)
The Waipahihi 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 Waipahihi Scenic Reserve.
121 Waitewhena property
(1)
The reservation of the Waitewhena property (being part of Waitewhena Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Waitewhena property vests in the trustees.
(3)
The Waitewhena 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 Keu Scenic Reserve.
122 Whakapapa Island property
(1)
The reservation of the Whakapapa Island property (being Whakapapa Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Whakapapa Island property vests in the trustees.
(3)
The Whakapapa Island 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 Ruarangi Scenic Reserve.
123 Whangamōmona Forest property
(1)
The Whangamōmona Forest property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Whangamōmona Forest property vests in the trustees.
(3)
Whangamōmona 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 Mōmona Scenic Reserve.
Lakebed property vested in fee simple to be administered as reserve
124 Bed of Lake Pohoare
(1)
The reservation of the bed of Lake Pohoare (being part of Rotokahu Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the bed of Lake Pohoare vests in the trustees.
(3)
The bed of Lake Pohoare 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 Pohoare Scenic Reserve.
(5)
The vesting does not give any rights to, or impose any obligations on, the trustees in relation to—
(a)
the waters of Lake Pohoare; or
(b)
the aquatic life of Lake Pohoare (other than plants attached to the bed of the lake).
(6)
To the extent that the bed of Lake Pohoare has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.
(7)
To avoid doubt, the Crown stratum above the bed of Lake Pohoare—
(a)
remains vested in the Crown; and
(b)
continues to be a reserve and classified as a scenic reserve subject to the Reserves Act 1977; and
(c)
is part of the area of responsibility of Te Pou Taiao under subpart 9.
Properties jointly vested in fee simple to be administered as reserves
125 Hikurangi property
(1)
The reservation of the Hikurangi property (being Hikurangi Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Hikurangi property vests as undivided unequal shares in the following as tenants in common:
(a)
a quarter share vests in the trustees under this paragraph; and
(b)
a three-quarter share vests in the trustees of Te Nehenehenui under section 98(3)(a) of the Maniapoto Claims Settlement Act 2022.
(3)
The Hikurangi 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 Hikurangi Scenic Reserve.
(5)
The joint management body established by section 142 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 147.
126 Tahorapāroa property
(1)
The reservation of the Tahorapāroa property (being Tahorapāroa Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Tahorapāroa 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 82(3)(a) of the Te Korowai o Wainuiārua Claims Settlement Act 2025.
(3)
The Tahorapāroa 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 Tahorapāroa Scenic Reserve.
(5)
The joint management body established by section 143 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 147.
127 Tāngarākau marginal strip property
(1)
The Tāngarākau marginal strip property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Tāngarākau marginal strip 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 Te Kāhui Maru Trust: Te Iwi o Maruwharanui under section 59(3)(a) of the Ngāti Maru (Taranaki) Claims Settlement Act 2022.
(3)
The Tāngarākau marginal strip 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 Tāngarākau Historic Reserve.
(5)
The joint management body established by section 144 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 147.
128 Tangitu property
(1)
The reservation of the Tangitu property (being part of Tangitu Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Tangitu 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 Te Nehenehenui under section 99(3)(a) of the Maniapoto Claims Settlement Act 2022.
(3)
The Tangitu 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 Tangitu A Scenic Reserve.
(5)
The joint management body established by section 142 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 147.
129 Taumatamāhoe property
(1)
The Taumatamāhoe property ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the Taumatamāhoe 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 83(3)(a) of the Te Korowai o Wainuiārua Claims Settlement Act 2025.
(3)
The Taumatamāhoe 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 Taumatamāhoe Scenic Reserve.
(5)
The joint management body established by section 143 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 147.
130 Waihuka property
(1)
The reservation of the Waihuka property (being part of Waihuka Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Waihuka 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 Te Nehenehenui under section 101(3)(a) of the Maniapoto Claims Settlement Act 2022.
(3)
The Waihuka 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 Tangitu o Ruaputahanga Scenic Reserve.
(5)
The joint management body established by section 142 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 147.
General provisions applying to vesting of cultural redress properties
131 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.
132 Interests in land for certain reserve properties
(1)
This section applies to all or the part of each reserve property listed in subsection (2) 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)
The reserve properties are—
(a)
the Hikurangi property; and
(b)
the Tahorapāroa property; and
(c)
the Tāngarākau marginal strip property; and
(d)
the Tangitu property; and
(e)
the Taumatamāhoe property; and
(f)
the Waihuka property.
(3)
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.
(4)
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.
(5)
Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 147.
133 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 132 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.
134 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 a jointly vested property or Ngā Huinga), 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 Te Pua o Te Riri Kore.
(4)
Subsection (5) applies to—
(a)
a cultural redress property (other than a jointly vested property), but only to the extent that subsection (2) does not apply to the property; and
(b)
Ngā Huinga.
(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 a jointly vested property, 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 names of the trustees as follows:
(i)
for the Hikurangi property, for an undivided quarter share:
(ii)
for the Tahorapāroa property, for an undivided half share:
(iii)
for the Tāngarākau marginal strip property, for an undivided half share:
(iv)
for the Tangitu property, for an undivided half share:
(v)
for the Taumatamāhoe property, for an undivided half share:
(vi)
for the Waihuka property, for an undivided half share; 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 a jointly vested property, by the Crown and the trustees; or
(ii)
in the case of the Hikurangi property or Tangitu property or Waihuku property, by the Crown and the trustees and the trustees of Te Nehenehenui; or
(iii)
in the case of the Tahorapāroa property or Taumatamāhoe property, by the Crown and the trustees and the trustees of the Te Korowai o Wainuiārua Trust; or
(iv)
in the case of the Tāngarākau marginal strip property, by the Crown and the trustees and the trustees of Te Kāhui Maru Trust: Te Iwi o Maruwharanui.
(9)
In this section, authorised person means a person authorised by—
(a)
the chief executive of LINZ, for the following properties:
(i)
the Former Kākahi School property:
(ii)
the Former Kirikau School property:
(iii)
Taitua Street site A:
(iv)
Taitua Street site B; and
(b)
the chief executive of the Office for Māori Crown Relations—Te Arawhiti, for the following properties:
(i)
Makere Te Uruweherua:
(ii)
Tūmoana; and
(c)
the Director-General, for all other properties.
135 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 Makakote property:
(ii)
Makere Te Uruweherua:
(iii)
Ngā Wai Heke:
(iv)
Rangipuhia:
(v)
Tūmoana.
(3)
Part 4A of the Conservation Act 1987 does not apply to the vesting of the bed of Lake Pohoare.
(4)
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.
(5)
Subsections (2) and (4) do not limit subsection (1).
136 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 bed of Lake Pohoare or a jointly vested 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 135(4) and 145; and
(b)
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 Makakote property:
(ii)
Makere Te Uruweherua:
(iii)
Ngā Wai Heke:
(iv)
Rangipuhia:
(v)
Tūmoana; and
(c)
for the bed of Lake Pohoare,—
(i)
that Part 4A of the Conservation Act 1987 does not apply; and
(ii)
that the land is subject to sections 135(4) and 145; and
(d)
created under section 134(6) for a jointly vested property that is a reserve 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 132(4), 135(4), and 145; and
(e)
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 bed of Lake Pohoare or a jointly vested 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 property is subject to sections 135(4) and 145; or
(b)
part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a) remain only on the record of title for the part of the property that remains a reserve.
(4)
For the bed of Lake Pohoare, if the reservation of that 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 the property is subject to sections 135(4) and 145; or
(b)
part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a) remain only on the record of title for the part of the property that remains a reserve.
(5)
For a jointly vested property that is a reserve 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 134 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 132(4), 135(4), and 145; 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 134 or derived from a record of title created under that section, for the part of the property that remains a reserve.
(6)
The Registrar-General must comply with an application received in accordance with subsection (3)(a), (4)(a), or (5)(a), as relevant.
137 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 Te Pua o Te Riri Kore 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.
138 Reserve status removed from riverbeds adjoining certain cultural redress properties
(1)
The reserve status declared by section 42(1)(c) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 no longer applies to the adjoining riverbeds.
(2)
Section 42(2) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 does not apply to the adjoining riverbeds.
(3)
In this section, adjoining riverbeds means each of the following:
(a)
the part of the bed of the Ōhura River that adjoins the Tangitu property:
(b)
the part of the bed of the Kakahi Stream that adjoins the Ōwhango Domain property.
139 Conservation status removed from riverbed adjoining Matahānea
(1)
The conservation status declared by section 42(1)(a) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 no longer applies to the adjoining riverbed.
(2)
Section 42(2) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 does not apply to the adjoining riverbed.
(3)
In this section, adjoining riverbed means the bed of the part of the unnamed tributary of the Whanganui River that adjoins Matahānea.
140 Names of Crown protected areas discontinued
(1)
Subsection (2) applies—
(a)
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; and
(b)
in the case of the Tangitu property and the Ōwhango Domain property, to the adjoining riverbeds.
(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,—
adjoining riverbeds has the meaning given in section 138(3)
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
141 Application of other enactments to reserve properties
(1)
The trustees are the administering body of a reserve property, except as provided for in sections 95, 97, 101, 104, 107, 112, 119, and 125 to 130.
(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 each of the following reserve properties at any time that Ruapehu District Council is the administering body of that property:
(a)
Takahirekareka:
(b)
the Matiere Domain property:
(c)
Ngā Huinga:
(d)
the Ōhura Bowling Club property:
(e)
the Ōwhango Domain property:
(f)
Puketōtara site A:
(g)
the Tuku Street Domain property.
142 Joint management body for Hikurangi property, Tangitu property, and Waihuka property
(1)
A joint management body is established for the Hikurangi property, the Tangitu property, and the Waihuka property.
(2)
The following are appointers for the purposes of this section:
(a)
the trustees; and
(b)
the trustees of Te Nehenehenui.
(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.
143 Joint management body for Tahorapāroa property and Taumatamāhoe property
(1)
A joint management body is established for the Tahorapāroa property and the Taumatamāhoe 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.
144 Joint management body for Tāngarākau marginal strip property
(1)
A joint management body is established for the Tāngarākau marginal strip property.
(2)
The following are appointers for the purposes of this section:
(a)
the trustees; and
(b)
the trustees of Te Kāhui Maru Trust: Te Iwi o Maruwharanui.
(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.
145 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 a jointly vested property may be transferred only in accordance with section 147.
(3)
The fee simple estate in the reserve land in any other property may be transferred only in accordance with section 146 or 147.
(4)
In this section and sections 146 to 148, reserve land means the land that remains a reserve as described in subsection (1).
146 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)
the written consent of the administering body of the reserve land, if the trustees are transferring the reserve land but are not the administering body; and
(d)
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.
147 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.
148 Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
149 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.
Further provisions applying to Council-administered reserve land
150 Future interests relating to Council-administered reserve land
(1)
This section applies to specified reserve land, but only while—
(a)
the trustees are the owners of that land; and
(b)
Ruapehu District Council is the administering body of that land.
(2)
Despite the Council being the administering body, the trustees may, as if they were the administering body of specified reserve land,—
(a)
accept, grant, or decline to grant any interest in land that affects specified reserve land; or
(b)
renew or vary such an interest.
(3)
If a person wishes to obtain an interest in land in specified reserve land, or renew or vary such an interest, the person must apply under this section, in writing, through the Council.
(4)
The Council must—
(a)
advise the trustees of the applications it receives; and
(b)
undertake the administrative processes required by the Reserves Act 1977 in relation to each application.
(5)
Before the trustees determine an application, the trustees must consult the Council.
(6)
The Council may—
(a)
accept, grant, or decline to grant any interest that affects specified reserve land other than an interest in land; or
(b)
renew or vary such an interest.
(7)
The Reserves Act 1977, except section 59A of that Act, applies to the accepting, granting, declining, renewing, or varying of any interests under this section.
(8)
In this section and section 151, specified reserve land means all or any parts of each of the following reserve properties that remain a reserve under the Reserves Act 1977:
(a)
the Matiere Domain property:
(b)
Ngā Huinga:
(c)
the Ōhura Bowling Club property:
(d)
the Ōwhango Domain property:
(e)
Puketōtara site A:
(f)
Takahirekareka:
(g)
the Tuku Street Domain property.
151 Trustees become administering body of Council-administered reserve land
(1)
This section applies to specified reserve land, but only while the trustees are the owners of that land.
(2)
The trustees are the administering body of all specified reserve land on and from the date that is 3 years after the settlement date (the trigger date).
(3)
However, the trustees may give the Minister of Conservation and Ruapehu District Council written notice that they wish to become the administering body of any specified reserve land before the trigger date.
(4)
The Minister must, no later than 20 working days after receiving a notice under subsection (3), publish a notice in the Gazette declaring that—
(a)
the Council is no longer the administering body of the relevant specified reserve land; and
(b)
the trustees are the administering body of that land.
(5)
If a notice is published under subsection (4) before the trigger date, the trustees are the administering body of the relevant specified reserve land on and from the date that the notice is published.
(6)
If, on the trigger date, no notice has been published under subsection (4) in relation to any specified reserve land, the Minister of Conservation must publish a notice in the Gazette declaring that—
(a)
the Council is no longer the administering body of that land; and
(b)
the trustees are the administering body of that land.
Improvements on certain reserve properties
152 Council improvements attached to certain reserve properties
(1)
This section applies—
(a)
to the council improvements; and
(b)
despite the vesting of the properties listed in subsection (2) in the trustees under this subpart.
(2)
The properties are—
(a)
the Matiere Domain property; and
(b)
Ngā Huinga; and
(c)
the Ōhura Bowling Club property; and
(d)
Takahirekareka; and
(e)
the Tuku Street Domain property.
(3)
The council improvements—
(a)
remain vested in Ruapehu District Council; and
(b)
are personal property, not forming part of the relevant property, and do not confer an estate or interest in the property.
(4)
The council improvements may, at the Council’s discretion, remain attached to the relevant property—
(a)
without the consent of the owners of the property or the administering body of the reserve over the property (if no longer the Council); and
(b)
without charge.
(5)
Subsections (3) and (4) are subject to any other enactment that governs the ownership of a council improvement.
(6)
The Council, or a person authorised by the Council, may at any time access, use, or remove a council improvement—
(a)
without the consent of the owners of the relevant property or the administering body (if no longer the Council); and
(b)
without charge; and
(c)
otherwise in accordance with the Reserves Act 1977 and any other relevant enactment.
(7)
In removing a council improvement, the Council must—
(a)
give the owners of the relevant property and the administering body (if no longer the Council) at least 15 working days’ written notice of the intended removal; and
(b)
ensure that the land is left in a clean and tidy condition afterwards.
(8)
The owners of a property listed in subsection (2) are not liable for the council improvements on the property to the extent that they would, apart from this section, have been liable for them because they own the property.
(9)
In this section,—
council improvements means—
(a)
any improvement owned by Ruapehu District Council and attached to the Matiere Domain property, Ngā Huinga, the Ōhura Bowling Club property, or the Tuku Street Domain property immediately before those properties are vested in the trustees under this subpart, but excludes any improvement that is covered by an easement referred to in section 97(7) or 119(6); and
(b)
the buildings shown as A and B on deed plan OMCR-006-048 that are owned by Ruapehu District Council and attached to Takahirekareka immediately before that property is vested in the trustees under section 112
removal, in relation to council improvements, includes demolition of an improvement
use, in relation to council improvements, includes occupation, repair, or maintenance of an improvement.
153 Crown-owned building on Ngā Huinga
(1)
This section—
(a)
applies to the Crown-owned building; and
(b)
applies despite the vesting of Ngā Huinga in the trustees under section 97.
(2)
The Crown-owned building—
(a)
remains vested in the Crown; and
(b)
is personal property, not forming part of Ngā Huinga, and does not confer an estate or interest in Ngā Huinga.
(3)
The Crown-owned building may remain attached to Ngā Huinga—
(a)
without the consent of the owners of Ngā Huinga or the administering body of the reserve over Ngā Huinga; and
(b)
without charge.
(4)
Subsections (2) and (3) are subject to any other enactment that governs the ownership of the Crown-owned building.
(5)
The Crown, or a person authorised by the Crown, may at any time use or access the Crown-owned building—
(a)
without the consent of the owners of Ngā Huinga or the administering body; and
(b)
without charge; and
(c)
otherwise in accordance with the Reserves Act 1977 and any other relevant enactment.
(6)
The owners of Ngā Huinga are not liable for the Crown-owned building to the extent that they would, apart from this section, have been liable for it because they own Ngā Huinga.
(7)
In this section and in section 154,—
access, in relation to the Crown-owned building, includes—
(a)
vehicular access to the building along the route marked B on deed plan OMCR-006-032; and
(b)
the right to park in the area marked C on deed plan OMCR-006-032
Crown-owned building means the building that is identified as Area A on deed plan OMCR-006-032 and that is owned by the Crown and attached to Ngā Huinga immediately before Ngā Huinga is vested in the trustees under section 97
use, in relation to the Crown-owned building, includes occupation, repair, or maintenance of an improvement.
154 Trustees’ right of first refusal over Crown-owned building on Ngā Huinga
(1)
This section applies if the Crown—
(a)
decides that it no longer wishes to own and occupy the Crown-owned building; or
(b)
otherwise wishes to remove the Crown-owned building.
(2)
The Crown must offer the Crown-owned building to the trustees for purchase on any terms the Crown thinks fit.
(3)
However, the Crown may sell the Crown-owned building to the trustees only if the trustees can demonstrate that they are able to secure the right to use the building for a purpose compatible with the reserve classification under the Reserves Act 1977 that applies to Ngā Huinga on the proposed date of sale.
(4)
An offer made by the Crown under subsection (2) expires on the 40th working day after the trustees receive notice of the offer.
(5)
If the trustees agree to purchase the Crown-owned building, section 153 ceases to apply to the Crown-owned building from the date on which the ownership of the building transfers to the trustees.
(6)
If the trustees decline to purchase the Crown-owned building, the Crown or a person authorised by the Crown may, at the Crown’s discretion, remove the building—
(a)
without the consent of the owners of Ngā Huinga or the administering body of the reserve over Ngā Huinga; and
(b)
without charge; and
(c)
otherwise in accordance with the Reserves Act 1977 and any other relevant enactment.
(7)
The Crown may remove the Crown-owned building (or authorise the removal of the building) without making an offer under subsection (2) only if necessary to address an urgent risk to safety.
(8)
In removing the Crown-owned building, the Crown must ensure that the land is left in a clean and tidy condition afterwards.
Subpart 6—Cultural materials
155 Interpretation
In this subpart,—
cultural materials means plants, plant materials, and dead protected wildlife for which the Department of Conservation is responsible, provided that the materials are—
(a)
found within the area of interest of Ngāti Hāua; and
(b)
important to Ngāti Hāua in expressing and maintaining their cultural values and practices
cultural materials plan means a plan that has been agreed in accordance with section 156
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 has the meaning given in section 2(1) of the Conservation Act 1987.
Cultural materials plan
156 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 Ngāti Hāua 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.
157 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 156, 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 material plan continues to be in force until any reviewed or amended plan is agreed and comes into force.
158 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 Ngāti Hāua to collect and possess cultural materials for non-commercial purposes in accordance with section 159.
Authorisations for collecting and possessing certain cultural materials
159 Authorisation to collect or possess cultural materials for non-commercial purposes
(1)
The trustees may issue a written authorisation to a member of Ngāti Hāua—
(a)
to collect plants or plant materials:
(b)
to possess dead protected wildlife.
(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.
160 Possession of dead protected wildlife
Despite the Wildlife Act 1953 or regulations made under that Act, a member of Ngāti Hāua may possess dead protected wildlife if the member—
(a)
holds a written authorisation issued under section 159(1); 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 7—Minerals
161 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
former riverbed means a riverbed that is dry as a result of—
(a)
natural changes in the flow of the river, tributary, stream, or other natural watercourse; or
(b)
artificial diversion of water from the river, tributary, stream or other natural watercourse
qualifying land means conservation land that—
(a)
is believed by the trustees to contain relevant minerals; and
(b)
is within the area of interest; and
(c)
is not included in Schedule 4 of the Crown Minerals Act 1991; and
(d)
is not part of the Whanganui River (as defined in section 39 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017)
relevant area—
(a)
means each riverbed and former riverbed on conservation land that—
(i)
is within the area of interest; and
(ii)
is not included in Schedule 4 of the Crown Minerals Act 1991; and
(iii)
is not part of the Whanganui River (as defined in section 39 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017); and
(b)
includes any qualifying land added under section 169
relevant minerals means any of the following:
(a)
kōkōwai (ochre):
(b)
pākohe (argillite):
(c)
mangaweka / pukepoto (blue clay):
(d)
matā / tūhua (black obsidian):
(e)
ōnewa (basalt or greywacke):
(f)
paru (black mud)
riverbed means the land that the waters of a river, tributary, stream, or other natural watercourse cover at its fullest flow without flowing over its banks.
162 Acknowledgement by the Crown of association
The Crown acknowledges—
(a)
the long-standing cultural, historical, spiritual, and traditional association of Ngāti Hāua with the relevant minerals; and
(b)
the Ngāti Hāua statement of association with the relevant minerals, in the form set out in part 4 of the documents schedule.
163 Crown’s powers, functions, and duties under Crown Minerals Act 1991 not affected
This subpart does not limit or restrict the Crown from exercising its powers, and performing its functions and duties, in accordance with the Crown Minerals Act 1991.
Authorisations in relation to Crown-owned relevant minerals in relevant area
164 Authorisation to search for and remove Crown-owned relevant minerals
(1)
A member of Ngāti Hāua who has written authorisation from the trustees may—
(a)
search by hand for Crown-owned relevant minerals in a relevant area:
(b)
remove by hand Crown-owned relevant minerals from the relevant area.
(2)
A person who removes Crown-owned relevant minerals under subsection (1) may also remove from the relevant area, by hand, any other minerals that are—
(a)
bound to the relevant minerals; or
(b)
reasonably necessary for working the relevant minerals by traditional methods.
(3)
A person who removes Crown-owned relevant minerals under subsection (1) or other minerals under subsection (2) must not,—
(a)
on any day, remove more than the person can carry by hand in 1 load without assistance; or
(b)
use machinery or cutting equipment to remove the relevant minerals, or minerals.
(4)
The rights under this section and section 165 do not apply in relation to any part of the relevant area that is—
(a)
an ecological area declared under section 18 of the Conservation Act 1987; or
(b)
an archaeological site (as defined by section 6 of the Heritage New Zealand Pouhere Taonga Act 2014).
165 Access to relevant area to search for and remove Crown-owned relevant minerals
(1)
A person who is authorised to search for Crown-owned relevant minerals in, and remove Crown-owned relevant minerals from, a relevant area under section 164 may access the relevant area for that purpose—
(a)
on foot; or
(b)
by any means that are available to the public; or
(c)
by any other means specified in writing by the Director-General.
(2)
The means of access under subsection (1)(c) is subject to any conditions specified in writing by the Director-General.
166 Obligations if accessing relevant area
A person who accesses a relevant area under section 164 or 165 must take all reasonable care to do no more than minor damage to vegetation on, and other natural features of, the relevant area.
167 Relationship with other enactments
(1)
A person exercising a right under section 164 or 165 must comply with all other lawful requirements (for example, under the Resource Management Act 1991).
(2)
However,—
(a)
a person may exercise a right under section 164 or 165 despite not having any authorisation required by the conservation legislation; and
(b)
a permit is not required under section 8(1)(a) of the Crown Minerals Act 1991 to exercise a right under section 164(1).
(3)
Any activity that is not authorised under section 164(1) may require a permit under section 8(1)(a) of the Crown Minerals Act 1991.
168 Consultation in relation to relevant minerals
(1)
This section applies if the Director-General exercises powers, or performs functions or duties, under conservation legislation in a manner likely to affect the relationship of Ngāti Hāua with relevant minerals located in the relevant area.
(2)
The Director-General must, in exercising the powers, or performing the functions or duties,—
(a)
have regard to the Ngāti Hāua statement of association with the relevant minerals referred to in section 162(b); and
(b)
consult the trustees; and
(c)
have regard to the trustees’ views.
169 Qualifying land may be added to relevant area
(1)
The Director-General and the trustees may agree in writing to add qualifying land to the relevant area.
(2)
The Director-General must consult the Minister before agreeing in writing to add qualifying land.
(3)
The general location of the qualifying land must be indicated on a map or plan.
(4)
The Director-General must notify the addition of any qualifying land in the Gazette as soon as practicable after the addition of that land has been agreed in writing.
(5)
In this section, Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for administering the Crown Minerals Act 1991.
Subpart 8—Area of interest statement
170 Interpretation
In this subpart,—
area of interest statement means the statement—
(a)
made by Ngāti Hāua of their particular cultural, historical, spiritual, and traditional association with the area of interest; and
(b)
set out in part 2 of the documents schedule
specified conservation management strategy means each conservation management strategy that covers all or part of the area of interest.
171 Purpose of area of interest statement
The purpose of the area of interest statement is to express the nature of the cultural, historical, spiritual, and traditional association of Ngāti Hāua with the area of interest.
172 Area of interest statement to be attached to specified conservation management strategies
On and from the settlement date, the Director-General must attach the area of interest statement to each specified conservation management strategy.
173 Effect of area of interest statement
(1)
Subsection (2) applies if the Minister of Conservation or Director-General is exercising or performing a statutory power, function, or duty under an Act listed in subsection (4) in relation to natural resources or an historic resource that are or is—
(a)
managed by the Department of Conservation under any of those Acts; and
(b)
within the area of interest.
(2)
The Minister of Conservation or Director-General (as the case may be) may, but is not required to, have regard to the area of interest statement.
(3)
Subsection (2) applies despite anything to the contrary in those Acts (for example, if the Minister or Director-General’s discretion is confined to certain matters under 1 or more of those Acts).
(4)
The Acts are—
(a)
the Conservation Act 1987; and
(b)
the Reserves Act 1977; and
(c)
the Wild Animal Control Act 1977; and
(d)
the Wildlife Act 1953; and
(e)
the National Parks Act 1980.
(5)
Despite section 172, the area of interest statement is not—
(a)
part of a specified conservation management strategy; or
(b)
subject to section 17F, 17H, or 17I of the Conservation Act 1987.
(6)
In this section, natural resources and historic resource have the meanings given in section 2(1) of the Conservation Act 1987.
Subpart 9—Te Pou Taiao—joint management committee
174 Interpretation
In this subpart and Schedule 4,—
Commissioner has the meaning given in section 2(1) of the Reserves Act 1977
Minister means the Minister of Conservation
operational plan means the plan required by section 184
reserve management plan means the plan required by section 182
Te Pou Taiao means the joint management committee established by section 175
Te Pou Taiao area means—
(a)
each of the following scenic reserves, and each reserve means the land described by that name in Part 1 of Schedule 4:
(i)
Mangaorakei North Scenic Reserve:
(ii)
Motutara Scenic Reserve:
(iii)
Papapotu Scenic Reserve:
(iv)
Pukeatua Scenic Reserve:
(v)
Retaruke Scenic Reserve:
(vi)
Rotokahu Scenic Reserve:
(vii)
Te Ruahine Scenic Reserve:
(viii)
Wall Scenic Reserve; and
(b)
each scenic reserve reclassified from being a conservation area under section 189 (see Part 2 of Schedule 4); and
(c)
any scenic reserve added to the Te Pou Taiao area under section 191
Te Pou Tikanga has the meaning given in section 11.
Te Pou Taiao
175 Te Pou Taiao established
(1)
Te Pou Taiao is established as a joint management committee.
(2)
Part 3 of Schedule 4 sets out provisions relating to the membership, procedures, and funding of Te Pou Taiao.
176 Purpose of Te Pou Taiao
The purpose of Te Pou Taiao is—
(a)
kia toitū te mana me te mouri o te ao tūroa e tū nei, ensuring, as far as possible, the survival and preservation of the natural world and its relationship with its communities, by—
(i)
maintaining and promoting the mouri ora of the Te Pou Taiao area; and
(ii)
maintaining the kawa ora in respect of the Te Pou Taiao area; and
(iii)
promoting and giving expression to the relationship of Ngāti Hāua and their kawa, tikanga, and ritenga with the Te Pou Taiao area; and
(b)
to promote the purposes for which the scenic reserves in the Te Pou Taiao area are classified under section 19 of the Reserves Act 1977.
177 Functions of Te Pou Taiao
(1)
The functions of Te Pou Taiao are to—
(a)
provide strategic oversight, guidance, and advice to the Minister, the Director-General, and the trustees on conservation matters affecting the Te Pou Taiao area, including on—
(i)
opportunities for enhancing Ngāti Hāua conservation outcomes and other conservation outcomes; and
(ii)
opportunities for Ngāti Hāua to exercise their responsibilities as tāngata tiaki to enhance conservation outcomes; and
(iii)
any other matter relevant to—
(A)
the effective exercise by Ngāti Hāua of their responsibilities as tāngata tiaki; and
(B)
conservation management of the Te Pou Taiao area; and
(b)
carry out the functions delegated by the Minister in accordance with section 178 in relation to the Te Pou Taiao area; and
(c)
prepare the draft reserve management plan in accordance with section 182.
(2)
Without limiting subsection (1)(a), the advice provided by Te Pou Taiao may include advice on—
(a)
any conservation management strategy that affects the Te Pou Taiao area; and
(b)
annual conservation planning relating to the Te Pou Taiao area (including annual conservation priorities); and
(c)
any other statutory planning document prepared by the Minister or the Director-General that affects the Te Pou Taiao area.
(3)
Te Pou Taiao must carry out its functions in accordance with its purpose.
Delegations
178 Minister must delegate certain powers to Te Pou Taiao
(1)
No later than 12 months after the settlement date, the Minster must delegate under section 10 of the Reserves Act 1977 the following powers to Te Pou Taiao to exercise in relation to the Te Pou Taiao area:
(a)
the powers of the Minister relating to scenic reserves under that Act that are specified in clause 8.31.9(a) to (f) of Te Pua o Te Riri Kore:
(b)
the powers of an administering body relating to scenic reserves under that Act that are specified in clause 8.31.9(g) to (j) of Te Pua o Te Riri Kore:
(c)
the power of the Commissioner relating to scenic reserves under that Act that is specified in clause 8.31.9(k) and (l) of Te Pua o Te Riri Kore.
(2)
A delegation must be subject to any applicable condition specified in clause 8.31.9 of Te Pua o Te Riri Kore.
(3)
A delegation must be in writing.
(4)
A delegation made in accordance with subsection (1)(b) is made—
(a)
as if that power were held by the Minister under the Reserves Act 1977 (rather than an administering body); and
(b)
despite the fact that there is no administering body for the scenic reserves in the Te Pou Taiao area.
(5)
A delegation made in accordance with subsection (1)(c) is made as if that power were held by the Minister under the Reserves Act 1977 (rather than the Commissioner).
(6)
To avoid doubt,—
(a)
the powers delegated under this section are subject to any applicable restriction or requirement in the provisions of the Reserves Act 1977 referred to in clause 8.31.9 of Te Pua o Te Riri Kore; and
(b)
the exercise of those powers is subject to the applicable reserve classification (under section 19 of the Reserves Act 1977) of the scenic reserves in the Te Pou Taiao area.
(7)
This section is subject to section 179.
179 Revocation or alteration of delegations
(1)
The Minister may—
(a)
revoke a delegation made in accordance with section 178; or
(b)
alter a delegation made in accordance with section 178 by imposing an additional condition on the delegation.
(2)
However, the Minister must not revoke or alter a delegation without first consulting Te Pou Taiao and the trustees in accordance with clause 8.31.12 of Te Pua o Te Riri Kore.
(3)
A revocation or alteration may apply to 1 or more of the scenic reserves in the Te Pou Taiao area.
(4)
A revocation or alteration does not affect anything previously done under a delegation.
(5)
This section overrides section 10(5) of the Reserves Act 1977.
180 Exercise of delegated powers by Minister
(1)
The Minister may exercise a power of the Minister delegated to Te Pou Taiao in accordance with section 178(1)(a), but only if the Minister has first consulted Te Pou Taiao and the trustees in accordance with clause 8.31.12 of Te Pua o Te Riri Kore.
(2)
This section overrides section 10(6) of the Reserves Act 1977.
Consultation with Te Pou Taiao
181 Advice on Te Pou Taiao area
(1)
The Minister and the Director-General must consult Te Pou Taiao, and have regard to any advice it provides, in relation to conservation matters affecting the Te Pou Taiao area.
(2)
The Director-General must, in particular, consult Te Pou Taiao on the matters in subsection (3) and have regard to any advice it provides on those matters.
(3)
The matters are—
(a)
any conservation management strategy that affects the Te Pou Taiao area; and
(b)
any other statutory planning document prepared by the Minister or the Director-General that affects the Te Pou Taiao area; and
(c)
annual conservation planning, including annual conservation priorities, relating to the Te Pou Taiao area.
Administration of Te Pou Taiao area
182 Reserve management plan
(1)
Te Pou Taiao must prepare a draft reserve management plan for the Te Pou Taiao area to submit to the Minister and the trustees for approval.
(2)
Section 41 of the Reserves Act 1977 applies to the preparation, approval, and amendment of the reserve management plan—
(a)
to the extent that that section is not inconsistent with this section; and
(b)
with the necessary modifications, including that references to the Minister of Conservation be read as references to that Minister of Conservation and the trustees acting jointly.
(3)
The Director-General must fund and provide administrative support for the preparation of the draft management plan.
183 Operational management of Te Pou Taiao area
(1)
The operational management of the Te Pou Taiao area (other than any powers delegated to Te Pou Taiao under section 178) must be undertaken—
(a)
by the Director-General; and
(b)
to the extent specified in the operational plan approved under section 184, by the trustees.
(2)
The Director-General and the trustees (as the case may be) must carry out operational activities in accordance with—
(a)
the relevant conservation management strategy that applies to the Te Pou Taiao area; and
(b)
the reserve management plan (if it has been approved under section 182); and
(c)
the operational plan (if it has been approved under section 184).
(3)
However, the Director-General retains discretion over—
(a)
which (if any) operational activities are funded by the Director-General; and
(b)
the amount of any funding provided by the Director-General under the operational plan.
(4)
Te Pou Taiao or the trustees may, in their discretion, seek funding from any source for a specific project they undertake under the operational plan.
184 Preparation and content of operational plan
(1)
The Director-General must prepare and approve an operational plan that specifies priorities for operational activities within the Te Pou Taiao area, over not more than a 3-year period, for the purposes of—
(a)
implementing the reserve management plan; and
(b)
identifying funding from the Crown and income received from concessions that is to be made available for those activities.
(2)
The operational plan must identify any opportunities for the trustees to undertake operational management activities on the reserve sites, where those activities have been agreed between the Director-General and the trustees.
(3)
Before the Director-General approves the plan,—
(a)
a draft of the plan must be provided to the trustees and Te Pou Taiao for comment; and
(b)
the Director-General must have regard to their views.
(4)
A draft of the operational plan may be prepared, but not approved, before the reserve management plan is approved under section 182.
185 Amendments to operational plan
(1)
The Director-General may from time to time, as the Director-General thinks necessary, review and amend the operational plan.
(2)
Any review or amendments to the plan must be carried out in accordance with section 184(3).
(3)
However, if the Director-General considers that an amendment is minor or technical, the Director-General—
(a)
may amend the plan without complying with section 184(3); but
(b)
must give written notice of the amendment to Te Pou Taiao and the trustees.
186 Administration of concessions
(1)
This section applies to an application for a concession made to the Minister under section 59A of the Reserves Act 1977 that is to be decided by Te Pou Taiao under a delegation made in accordance with section 178(1) of this Act.
(2)
The Director-General must—
(a)
inform Te Pou Taiao that an application has been received; and
(b)
carry out the necessary administrative processes required by the Conservation Act 1987 (as applied by section 59A of the Reserves Act 1977) to enable Te Pou Taiao to decide the application in accordance with its delegation.
187 Income from concessions
(1)
This section applies to any money received as a rent, fee, royalty, or other payment under a concession granted in relation to a scenic reserve in the Te Pou Taiao area.
(2)
The money must be paid into a Crown Bank Account and applied for the benefit of 1 or more scenic reserves in the Te Pou Taiao area.
(3)
This section overrides section 78 of the Reserves Act 1977.
(4)
In this section, concession—
(a)
means a concession granted under section 59A of the Reserves Act 1977; and
(b)
to avoid doubt, includes a concession granted by Te Pou Taiao under a delegation made in accordance with section 178(1) of this Act.
Ngāti Hāua tikanga
188 Te Pou Taiao must take into account Ngāti Hāua tikanga
In exercising its functions under this Act and in accordance with its purpose, Te Pou Taiao must take into account Ngāti Hāua tikanga (including Te Pou Tikanga), including in the following circumstances:
(a)
before exercising a power delegated to it in accordance with section 178:
(b)
before providing advice on any matters under section 181:
(c)
when preparing a draft reserve management plan under section 182:
(d)
before providing any comments on a draft operational plan under section 184(3)(a):
(e)
when regulating its procedures (see clause 4(2) in Part 3 of Schedule 4).
Certain conservation areas reclassified as scenic reserves to form part of Te Pou Taiao area
189 Conservation areas reclassified as scenic reserves
(1)
Each conservation area specified in the first and second columns of the table in Part 2 of Schedule 4 ceases to be a conservation area under the Conservation Act 1987.
(2)
Each area is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(3)
Each scenic reserve (being a Crown protected area under the 2008 Act) has the name specified in the third column of the table in Part 2 of Schedule 4.
(4)
The new name given to a Crown protected area must be treated as if it—
(a)
were an official geographic name that takes effect on the settlement date; and
(b)
had first been reviewed and concurred with by the Board under subpart 3 of Part 2 of the 2008 Act.
(5)
In this section and section 190,—
2008 Act means the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
Board, Crown protected area, and official geographic name have the meanings given in section 4 of the 2008 Act.
190 Publication and subsequent alteration 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 2008 Act, of each official geographic name specified under section 189(3).
(2)
The notice must state that each official geographic name became an official geographic name on the settlement date.
(3)
The official geographic name given to a Crown protected area under section 189(3) must not be changed in accordance with subpart 3 of Part 2 of the 2008 Act without the written consent of the trustees, and any requirements under that subpart or other legislation for public notice of or consultation about the proposed name do not apply.
Further scenic reserves may be added to Te Pou Taiao area
191 Further scenic reserves may be added
(1)
The trustees, the Minister, and Te Pou Taiao may, at any time after the settlement date, agree in writing that further scenic reserves within the area of interest be added to the Te Pou Taiao area.
(2)
However, only a scenic reserve that is administered by the Department of Conservation may be added under this section.
(3)
If agreement is reached to add a reserve, the Minister must notify in the Gazette—
(a)
a description of the reserve; and
(b)
the date on which the addition takes effect, which must be no earlier than 28 days after the notice is published in the Gazette.
(4)
At the earliest opportunity after the addition of a reserve takes effect,—
(a)
Te Pou Taiao must prepare a draft amendment to the reserve management plan (and submit it to the Minister and trustees for approval) under section 182 to include the new reserve; and
(b)
the Minister must amend the operational plan under section 185 to include the new reserve.
(5)
A reserve added to the Te Pou Taiao area under this section may subsequently be removed from the Te Pou Taiao area, and subsections (1) to (4) apply with all necessary modifications.
(6)
To avoid doubt, the following apply to a scenic reserve added to the Te Pou Taiao area under this section:
(a)
Te Pou Taiao may exercise its functions under section 177 in relation to the reserve from the date the addition takes effect:
(b)
a delegation made in accordance with section 178 applies to the reserve from the date the addition takes effect (even if the delegation was made before that date).
Subpart 10—Ngāti Hāua interim membership on Conservation Board
192 Interim membership of Conservation Board
(1)
The Minister of Conservation must appoint 1 person nominated by the trustees to be a member of the Conservation Board under this section, in lieu of one of the members to be appointed under section 6P(2) of the Conservation Act 1987.
(2)
The appointment is for a term of 3 years and a person may be reappointed under subsection (1) for 1 or more terms, each of 3 years.
(3)
The power to make an appointment, and the term of any appointment, ends on the earlier of—
(a)
the last settlement date under legislation settling the historical claims of those Whanganui Iwi whose areas of interest are within the jurisdiction of the Conservation Board; and
(b)
the settlement date of any legislation that provides for collective redress relating to the Tongariro National Park, if that legislation proposes to change the membership of the Conservation Board.
(4)
In this section and section 193, Conservation Board means the Board—
(a)
established under Part 2A of the Conservation Act 1987; and
(b)
whose area of jurisdiction includes the part of the upper Whanganui region and Ruapehu region within the area of interest.
193 When interim member takes office
(1)
This section applies if, at the settlement date, the membership of the Conservation Board is at the maximum permitted under section 6P of the Conservation Act 1987.
(2)
A person appointed under section 192 does not become a member of the Conservation Board, and their term of appointment does not commence, until a role has become vacant because—
(a)
the term of a member appointed under section 6P(2) of the Conservation Act 1987 has ended; or
(b)
a member appointed under that section has died, resigned, or been removed from office.
(3)
A person must be not appointed as a member of the Conservation Board under section 6P(2) or 6R(4A) of the Conservation Act 1987 to fill a vacancy that arises unless—
(a)
a person has been appointed under section 192 and become an interim member in accordance with subsection (2); or
(b)
the power of appointment has ended under section 192(3).
(4)
To avoid doubt, this section—
(a)
applies despite section 6R(4A) of the Conservation Act 1987; but
(b)
is subject to section 6R(4) of that Act.
Subpart 11—Nohoanga entitlement
194 Interpretation
In this subpart,—
land holding agent means the Minister of the Crown responsible for the department of State that manages the Nohoanga site or the Commissioner of Crown Lands, as the case may be
Nohoanga entitlement means an entitlement granted to the trustees—
(a)
under this subpart; and
(b)
over a specified site; and
(c)
in the form specified in section 196(2)(b)
Nohoanga site means a specified site over which a Nohoanga entitlement is granted
specified site means a site—
(a)
described in Schedule 5; or
(b)
granted as a replacement site under section 212 or 213
waterway—
(a)
means a lake, being a body of fresh water that is entirely or nearly surrounded by land, or a river, being a continuously or intermittently flowing body of fresh water, and includes a stream and modified watercourse; but
(b)
does not include an artificial watercourse such as an irrigation canal, water supply race, canal for the supply of water for electricity power generation, or farm drainage canal.
195 Purpose of Nohoanga entitlement
The purpose of a Nohoanga entitlement is to permit members of Ngāti Hāua to occupy land, temporarily, exclusively, and on a non-commercial basis,—
(a)
so as to have access to a waterway for lawful fishing; and
(b)
for the lawful gathering of other natural resources in the vicinity of the Nohoanga site.
196 Grant and renewal of Nohoanga entitlement
(1)
The Crown must, in accordance with this subpart, grant to the trustees a Nohoanga entitlement over each specified site.
(2)
The grant must be—
(a)
for an initial term of 10 years beginning on the settlement date; and
(b)
made in the form set out in part 6 of the documents schedule, or as varied in accordance with section 198; and
(c)
on any special conditions set out in Schedule 5.
(3)
If there is inconsistency between the provisions of the form used for a Nohoanga entitlement under subsection (2)(b) and the provisions of this subpart, the provisions of this subpart prevail.
(4)
The trustees may renew a Nohoanga entitlement indefinitely for further terms of 10 years unless the entitlement is terminated under section 212 or 213.
197 Notification of Nohoanga entitlement
(1)
The land holding agent must notify the grant or renewal of a Nohoanga entitlement in the Gazette.
(2)
The chief executive of LINZ must note in their records—
(a)
the grant or renewal of the Nohoanga entitlement; and
(b)
the notice in the Gazette relating to the grant or renewal.
198 Terms and conditions of Nohoanga entitlement may be varied
(1)
The form of a Nohoanga entitlement may be varied from the form specified in section 196(2)(b) by—
(a)
the addition by the land holding agent, at the time of the grant of the Nohoanga entitlement, of terms reasonably required by the Crown to protect and preserve any of the following:
(i)
the land over which the Nohoanga entitlement is granted:
(ii)
the surrounding land:
(iii)
associated flora and fauna; or
(b)
agreement between the land holding agent and the trustees.
(2)
A variation must not be inconsistent with this subpart.
(3)
A variation must be in writing.
Rights under Nohoanga entitlement
199 Occupation of Nohoanga sites by members of Ngāti Hāua
(1)
The trustees have the right to permit members of Ngāti Hāua to occupy a Nohoanga site—
(a)
for the purpose set out in section 195; and
(b)
to the exclusion of all other people during the period or periods that it exercises the right to occupy the site.
(2)
Subsection (1) applies subject to sections 200 to 205.
200 Period of occupation of Nohoanga site
(1)
The trustees may permit members of Ngāti Hāua to occupy a Nohoanga site, to the exclusion of all other people, for any period or periods in a calendar year that do not exceed 210 days in total.
(2)
The trustees must not permit members of Ngāti Hāua to occupy a Nohoanga site in a calendar year during the period beginning on 1 May and ending with the close of 15 August.
201 Right to erect temporary dwellings
(1)
The trustees may permit members of Ngāti Hāua, while occupying a Nohoanga site under a Nohoanga entitlement, to erect camping shelters or similar temporary dwellings on the site.
(2)
The trustees must ensure that any camping shelters or temporary dwellings erected on the Nohoanga site are removed whenever the right to occupy that land is not being exercised.
202 Condition of site when occupation ceases
(1)
The trustees must, whenever members of Ngāti Hāua who are permitted to occupy a Nohoanga site under section 199 cease to occupy the site, ensure that the site is left in substantially the same condition as it was when the permitted members of Ngāti Hāua began occupying the site.
(2)
Subsection (1) does not apply to temporary effects normally associated with occupation of a Nohoanga site under a Nohoanga entitlement.
203 Activities on Nohoanga site
(1)
This section applies subject to section 201.
(2)
The trustees may, with the written consent of the land holding agent, permit members of Ngāti Hāua to undertake other activities on a Nohoanga site that are reasonably necessary for a Nohoanga entitlement to be used for the purpose set out in section 195.
(3)
When applying for the land holding agent’s consent, the trustees must provide to the land holding agent full details of the proposed activities, including (but not limited to)—
(a)
the effect of the proposed activities—
(i)
on the Nohoanga site; and
(ii)
if the Nohoanga site is held under the Conservation Act 1987 or an Act listed in Schedule 1 of that Act, on the surrounding land and associated flora and fauna; and
(b)
any measures that the trustees propose to take (if the land holding agent’s consent is given) to avoid, remedy, or mitigate adverse effects on the matters in paragraph (a)(i) and (ii).
(4)
The giving of consent is at the complete discretion of the land holding agent.
(5)
However, in considering whether to give consent in relation to land held under the Conservation Act 1987 or an Act listed in Schedule 1 of that Act, the land holding agent may require the trustees to obtain, at the expense of Te Whiringa Kākaho o Ngāti Hāua, an environmental impact report about the proposed activities and an audit of that report.
(6)
The land holding agent may give consent subject to any conditions that they think fit to impose.
(7)
Without limiting subsection (6), in giving consent in relation to land held under the Conservation Act 1987 or an Act listed in Schedule 1 of that Act, the land holding agent may impose reasonable conditions to avoid, remedy, or mitigate adverse effects of the proposed activities on the Nohoanga site, surrounding land, or associated flora and fauna.
(8)
If the Crown has complied with its obligations under a Nohoanga entitlement, the Crown is not liable to compensate the trustees or Te Whiringa Kākaho o Ngāti Hāua (whether on termination of the Nohoanga entitlement or at another time) for activities undertaken by the trustees on the Nohoanga site.
Obligations relating to Nohoanga sites
204 Nohoanga entitlement must not impede public access
The grant and exercise of a Nohoanga entitlement must not impede access by members of the public along a waterway.
205 Crown functions to continue
The grant and exercise of a Nohoanga entitlement does not prevent agents of the Crown or persons exercising statutory powers from performing their functions in relation to a Nohoanga site.
206 Nohoanga entitlement does not restrict Crown’s right to dispose of land
The grant and exercise of a Nohoanga entitlement does not restrict the Crown’s right to dispose of any Nohoanga site, land adjacent to a Nohoanga site, or land adjacent to a waterway that a Nohoanga site provides access to.
207 Trustees may enforce rights against other persons
While members of Ngāti Hāua are occupying a Nohoanga site under a Nohoanga entitlement, the trustees may enforce their rights under the Nohoanga entitlement against persons who are not parties to Te Pua o Te Riri Kore as if the trustees were the owners of the Nohoanga site.
208 Crown’s obligation to provide lawful access
(1)
If an event described in subsection (2) occurs during the term of a Nohoanga entitlement, the Crown must use reasonable endeavours to ensure that members of Ngāti Hāua continue, for the rest of the term, to have the same type of access to the Nohoanga site as they had before the event occurred.
(2)
The events are—
(a)
the Crown disposing of land adjacent to the Nohoanga site; or
(b)
a change in the classification or status of land adjacent to the Nohoanga site.
(3)
The Crown’s obligation under subsection (1) is subject to compliance with all applicable provisions in or under any other legislation.
209 Compliance with legislation and land and water management practices
(1)
The trustees, members of Ngāti Hāua permitted to occupy a Nohoanga site under section 199, and activities carried out on the Nohoanga site by them are subject to the legislation and land and water management practices that apply to that Nohoanga site.
(2)
The land holding agent, in carrying out land and water management practices that relate to the Nohoanga site, must have regard to the existence of the Nohoanga entitlement and must—
(a)
notify the trustees of an activity that may affect the use of the site; and
(b)
avoid unreasonable disruption to the use of the site.
(3)
To avoid doubt, the trustees are subject to any requirement to apply for resource consents for activities on the Nohoanga site.
(4)
In this section, activities includes activities undertaken under section 203.
210 Rights of trustees under Nohoanga entitlement not assignable
The rights of the trustees under a Nohoanga entitlement are not assignable.
Suspension and termination of Nohoanga entitlement
211 Suspension of Nohoanga entitlement
(1)
The land holding agent may suspend a Nohoanga entitlement in accordance with this section.
(2)
The land holding agent must not suspend the Nohoanga entitlement unless they first—
(a)
consult the trustees; and
(b)
have particular regard to the views of the trustees.
(3)
The land holding agent must not suspend the Nohoanga entitlement unless they consider the suspension necessary for the management of the relevant site, having regard to the purposes for which the site is held by the land holding agent.
(4)
If the Nohoanga entitlement is suspended, the trustees may, after the end of the suspension, permit members of Ngāti Hāua to occupy the Nohoanga site for a period equal to the period of the suspension.
(5)
The occupation of the Nohoanga site under subsection (4) is not subject to the restriction under section 200(2).
212 Termination of Nohoanga entitlement
(1)
The trustees and the Crown may terminate a Nohoanga entitlement by written agreement.
(2)
The Crown may terminate a Nohoanga entitlement by giving written notice to the trustees on 1 or more of the following grounds:
(a)
that the Crown has disposed of the Nohoanga site:
(b)
that the Nohoanga site has been destroyed or permanently and detrimentally affected:
(c)
that the Nohoanga site is on reserve land that may be required for the specific purpose for which it is held as a reserve:
(d)
that the Nohoanga site is an unformed legal road that is to be formed:
(e)
that, despite the Crown’s reasonable endeavours, lawful access to the Nohoanga site has ceased to exist because of the occurrence of an event described in section 208(2).
(3)
On the termination of the Nohoanga entitlement under this section, the Crown must take all reasonable steps to grant a replacement Nohoanga entitlement to the trustees.
(4)
Subsection (3) does not apply in relation to the Nohoanga entitlement if the fee simple estate in the Nohoanga site is vested in the trustees.
(5)
The grant of a replacement Nohoanga entitlement under subsection (3) must be over land that complies with clause 8.56 of Te Pua o Te Riri Kore.
213 Termination of Nohoanga entitlement for breach of obligations
(1)
This section applies if the trustees default in performing any of their obligations under a Nohoanga entitlement.
(2)
If the default is capable of remedy, the Crown may give notice to the trustees in writing, specifying the default and the remedy for the default required by the Crown.
(3)
The remedy required by the Crown must be reasonable in the circumstances.
(4)
If, at the end of 41 working days after notice is given by the Crown under subsection (2), the trustees have not remedied, or taken appropriate action to remedy, the default as required by the Crown, the Crown may immediately terminate the Nohoanga entitlement by written notice to the trustees.
(5)
If the default is not capable of remedy, the Crown may immediately terminate the Nohoanga entitlement by written notice to the trustees.
(6)
The trustees may, not earlier than 2 years after the termination of a Nohoanga entitlement under this section, apply to the Minister for the grant of a replacement Nohoanga entitlement that complies with clause 8.56 of Te Pua o Te Riri Kore.
(7)
On receipt of an application under subsection (6), the Crown may, in its discretion, take reasonable steps to grant a replacement Nohoanga entitlement over land that complies with clause 8.56 of Te Pua o Te Riri Kore.
(8)
In this section, Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for administering the Maori Trust Boards Act 1955.
214 Notification of termination of Nohoanga entitlement
(1)
If a Nohoanga entitlement is terminated under section 212 or 213, the land holding agent must give notice of the termination in the Gazette.
(2)
The chief executive of LINZ must note in their records the termination of the Nohoanga entitlement and its notification in the Gazette.
Rights not affected or created
215 Rights of other parties not affected
Except as expressly provided in this subpart, the grant and exercise of a Nohoanga entitlement does not affect the lawful rights or interests of a person who is not a party to Te Pua o Te Riri Kore.
216 No creation of rights in Nohoanga site
Except as expressly provided in this subpart, the grant and exercise of a Nohoanga entitlement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a Nohoanga site.
Application of other enactments
217 Part 3B of Conservation Act 1987 does not apply
Part 3B of the Conservation Act 1987 does not apply to the grant of a Nohoanga entitlement.
218 Section 8(1) and (3) of Local Government (Rating) Act 2002 applies
(1)
To avoid doubt, section 8(1) and (3) of the Local Government (Rating) Act 2002 applies to land over which a Nohoanga entitlement is granted.
(2)
The trustees must reimburse the person paying the rates for the Nohoanga site for rates payable under section 9 of the Local Government (Rating) Act 2002 for the Nohoanga site in proportion to the period for which the trustees are entitled to occupy the site.
219 Section 44 of Reserves Act 1977 does not apply
Section 44 of the Reserves Act 1977 does not apply in relation to a Nohoanga entitlement granted over land subject to that Act.
220 Section 11 and Part 10 of Resource Management Act 1991 do not apply
The grant of a Nohoanga entitlement is not a subdivision for the purposes of section 11 and Part 10 of the Resource Management Act 1991.
Subpart 12—Pou whenua
221 Placing of pou whenua
(1)
The trustees may, without the need for further authorisation under any conservation legislation, erect—
(a)
a permanent pou whenua on the Ohinetonga Scenic Reserve; and
(b)
a permanent pou whenua within the Whanganui National Park at Whakahoro.
(2)
Subsection (1) applies provided the Director-General is satisfied that the erection and use of the relevant pou whenua will have no more than a minor impact on the natural, historic, archaeological, or scientific values of the reserve or park.
(3)
The trustees must—
(a)
comply with building and planning legislation and all other relevant legislative requirements; and
(b)
if requested by the Director-General, supply evidence of compliance.
(4)
The trustees are responsible, at their cost, for—
(a)
obtaining any necessary building consents for the pou whenua; and
(b)
the construction and maintenance of the pou whenua.
(5)
In this section, pou whenua means a traditional boundary marker.
Part 4 Commercial redress
Subpart 1—Transfer of commercial redress properties and deferred selection properties
222 Interpretation
In this subpart,—
Boon Road property means the property described by that name in part 4 of the property redress schedule
commercial redress property—
(a)
means a property described in part 3 of the property redress schedule; but
(b)
does not include a property to which clause 10.7 of Te Pua o Te Riri Kore applies
deferred selection property means a property described in part 4 of the property redress schedule for which the requirements for transfer under Te Pua o Te Riri Kore have been satisfied
Falkner Park property means the property described by that name in part 4 of the property redress schedule
former Otunui School property means the property described by that name in part 4 of the property redress schedule
Kirikau (No 3) Scenic Reserve and marginal strip property means the property described by that name in part 3 of the property redress schedule
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
Marsack Conservation Area and marginal strip property means the property described by that name in part 3 of the property redress schedule
Matapuna Ballast Reserve property means the property described by that name in part 4 of the property redress schedule
Waitea Conservation Area means the property described by that name in part 4 of the property redress schedule
Whanganui River marginal strip property means the property described by that name in part 4 of the property redress schedule.
223 The Crown may transfer properties
To give effect to part 10 of Te Pua o Te Riri Kore, 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.
224 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 223 to the trustees:
(a)
a commercial redress property:
(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.
(3)
The Registrar-General must, in accordance with a written application by an authorised person,—
(a)
create a record of title for the fee simple estate in the property in the name of the Crown; and
(b)
record on the record of title any interests that are registered, noted, or to be noted and that are described in the application; but
(c)
omit any statement of purpose from the record of title.
(4)
Subsection (3) is subject to the completion of any survey necessary to create a record of title.
(5)
In this section and section 225, authorised person means a person authorised by the chief executive of the land holding agency for the relevant property.
225 Authorised person may grant covenant for later creation of record of title
(1)
For the purpose of section 224, 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.
226 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 Te Pua o Te Riri Kore 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 223, 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).
227 Section 24 of Conservation Act does not apply to transfer of certain properties
(1)
This section applies to—
(a)
the transfer to the trustees of the fee simple estate in the following commercial redress properties:
(i)
the Kirikau (No 3) Scenic Reserve and marginal strip property:
(ii)
the Marsack Conservation Area and marginal strip property; and
(b)
any transfer to the trustees of the fee simple estate in the following deferred selection properties:
(i)
the Boon Road property:
(ii)
the Falkner Park property:
(iii)
the former Otunui School property:
(iv)
the Matapuna Ballast Reserve property:
(v)
the Waitea Conservation Area.
(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 Part 4A of the Conservation Act 1987 applies to the transfer but that section 24 of that Act does not apply.
(4)
The Registrar-General must, upon the registration of the transfer of the property, record on any record of title for the property that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply.
(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.
228 Transfer of properties subject to lease
(1)
This section applies to a commercial redress property or deferred selection property—
(a)
for which the land holding agency is the Ministry of Education or the Ministry of Justice; 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 229 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 229.
(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.
229 Requirements if lease terminates or expires
(1)
This section applies if the lease referred to in section 228(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.
Statuses removed from certain commercial redress properties
230 Statuses removed from Kirikau (No 3) Scenic Reserve and marginal strip property
(1)
The reservation of the part of the Kirikau (No 3) Scenic Reserve and marginal strip property that is a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation under subsection (1).
(3)
The part of the Kirikau (No 3) Scenic Reserve and marginal strip property that is a conservation area ceases to be a conservation area under the Conservation Act 1987.
231 Statuses removed from riverbed adjoining Kirikau (No 3) Scenic Reserve and marginal strip property
(1)
The conservation status declared by section 42(1)(a) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 no longer applies to the part of the adjoining riverbed that is a conservation area.
(2)
The reserve status declared by section 42(1)(c) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 no longer applies to the part of the adjoining riverbed that is a reserve.
(3)
Section 42(2) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 does not apply to the adjoining riverbed.
(4)
In this section, adjoining riverbed means the bed of the part of the Whanganui River that adjoins the Kirikau (No 3) Scenic Reserve and marginal strip property.
232 Conservation status removed from Marsack Conservation Area and marginal strip property
The Marsack Conservation Area and marginal strip property ceases to be a conservation area under the Conservation Act 1987.
233 Conservation status removed from riverbed adjoining Marsack Conservation Area and marginal strip property
(1)
The conservation status declared by section 42(1)(a) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 no longer applies to the adjoining riverbed.
(2)
Section 42(2) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 does not apply to the adjoining riverbed.
(3)
In this section, adjoining riverbed means the bed of the part of the Whanganui River that adjoins the Marsack Conservation Area and marginal strip property.
Conservation status removed from certain deferred selection properties before transfer
234 Conservation status removed from Waitea Conservation Area before transfer
(1)
This section and section 235 apply if the Waitea Conservation Area is to be transferred under section 223 to the trustees.
(2)
Immediately before the property is transferred, it ceases to be a conservation area under the Conservation Act 1987.
235 Conservation status removed from riverbed adjoining Waitea Conservation Area before transfer
(1)
The conservation status declared by section 42(1)(a) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 no longer applies to the adjoining riverbed.
(2)
Section 42(2) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 does not apply to the adjoining riverbed.
(3)
In this section, adjoining riverbed means the bed of the part of the Kakahi Stream that adjoins the Waitea Conservation Area.
236 Conservation status removed from Whanganui River marginal strip property before transfer
(1)
This section and section 237 apply if the Whanganui River marginal strip property is to be transferred under section 223 to the trustees.
(2)
Immediately before the property is transferred, it ceases to be a conservation area under the Conservation Act 1987.
(3)
Any marginal strip reserved by section 24 of the Conservation Act 1987 from the transfer is reduced to a width of 3 metres.
(4)
The transfer instrument for the transfer of the property must include a statement that any marginal strip reserved by section 24 of the Conservation Act 1987 from the transfer is reduced to a width of 3 metres.
(5)
The Registrar-General must record the reduction of the marginal strip on the record of title for the property.
(6)
The trustees are appointed as the manager of any marginal strip reserved by section 24 of the Conservation Act 1987 from the transfer.
(7)
The appointment under subsection (6) is made—
(a)
on the date of the transfer; and
(b)
as if the appointment was made under section 24H of the Conservation Act 1987; and
(c)
for as long as the trustees are the owners of the land adjoining the marginal strip.
237 Conservation status removed from riverbed adjoining Whanganui River marginal strip property before transfer
(1)
The conservation status declared by section 42(1)(a) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 no longer applies to the adjoining riverbed.
(2)
Section 42(2) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 does not apply to the adjoining riverbed.
(3)
In this section, adjoining riverbed means the bed of the part of the Whanganui River that adjoins the Whanganui River marginal strip property.
Subpart 2—Right of first refusal over RFR land
Interpretation
238 Interpretation
In this subpart and Schedule 6,—
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
exclusive RFR land has the meaning in section 240
expiry date, in relation to an offer, means its expiry date under sections 243(2)(a) and 244
notice means a notice given under this subpart
offer means an offer by an RFR landowner, made in accordance with section 243, to dispose of RFR land to the trustees of any offer trust
offer trust means the trust specified for each of the following types of RFR land:
(a)
for exclusive RFR land, Te Whiringa Kākaho o Ngāti Hāua:
(b)
for shared RFR land,—
(i)
Te Whiringa Kākaho o Ngāti Hāua; and
(ii)
the Te Kāhui Maru Trust: Te Iwi o Maruwharanui; and
(iii)
the Te Korowai o Wainuiārua Trust:
(c)
for the Raurimu Station property,—
(i)
Te Whiringa Kākaho o Ngāti Hāua; and
(ii)
the Te Korowai o Wainuiārua Trust
public work has the meaning given in section 2 of the Public Works Act 1981
Raurimu Station commencement date means the earlier of—
(a)
the settlement date; and
(b)
14 May 2030 (being 5 years after the settlement date under the Te Korowai o Wainuiārua Claims Settlement Act 2025)
Raurimu Station property—
(a)
means the land described in part 6 of the attachments that, on the Raurimu Station commencement date, is held in fee simple by Landcorp Holdings Limited; and
(b)
includes any land obtained in exchange for a disposal of the Raurimu Station property under section 254(1)(c) or 255
recipient trust means the trust specified for each of the following types of RFR land:
(a)
for exclusive RFR land, Te Whiringa Kākaho o Ngāti Hāua; and
(b)
for shared RFR land or the Raurimu Station property, the offer trust whose trustees accept an offer to dispose of the land under section 246
related company has the meaning given in section 2(3) of the Companies Act 1993
RFR landowner, in relation to RFR land,—
(a)
means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
(b)
means a Crown body, if the body holds the fee simple estate in the land; and
(c)
includes a local authority to which RFR land—
(i)
has been disposed of under section 249(1); or
(ii)
has been disposed of under section 130 of the Ngāti Maru (Taranaki) Claims Settlement Act 2022 or section 193 of the Te Korowai o Wainuiārua Claims Settlement Act 2025, or both, before the settlement date under this Act; but
(d)
to avoid doubt, does not include an administering body in which RFR land—
(i)
is vested on the date on which the RFR period for the land commences; or
(ii)
is vested under section 250(1) after the settlement date; or
(iii)
is vested, under section 131(1) of the Ngāti Maru (Taranaki) Claims Settlement Act 2022 or section 194(1) of the Te Korowai o Wainuiārua Claims Settlement Act 2025, or both, before the settlement date
RFR period means,—
(a)
for exclusive RFR land, the period of 184 years on and from the settlement date under this Act:
(b)
for shared RFR land, the period of 180 years on and from 1 June 2025 (being 3 years after the settlement date under the Ngāti Maru (Taranaki) Claims Settlement Act 2022):
(c)
for the Raurimu Station property, the period of 182 years on and from the Raurimu Station commencement date
shared RFR land has the meaning in section 241
subsidiary has the meaning given in section 5 of the Companies Act 1993.
239 Meaning of RFR land
(1)
In this subpart, RFR land means—
(a)
exclusive RFR land (see section 240); and
(b)
shared RFR land (see section 241); and
(c)
the Raurimu Station property (see section 238).
(2)
Land ceases to be RFR land in any of the circumstances set out in subsections (3) to (7).
(3)
Land ceases to be RFR land if the fee simple estate in the land transfers from the RFR landowner to—
(a)
any of the following (for example, under section 223 in the case of a deferred selection property, or under a contract formed under section 247):
(i)
the trustees or their nominee:
(ii)
the trustees of the Te Korowai o Wainuiārua Trust or their nominee:
(iii)
the trustees of Te Kāhui Maru Trust: Te Iwi o Maruwharanui or their nominee; or
(b)
any other person (including the Crown or a Crown body) under section 242(d).
(4)
Land ceases to be RFR land if 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—
(a)
under any of sections 251 to 258 (which relate to permitted disposals of RFR land); or
(b)
under any matter referred to in section 259(1) (which specifies matters that may override the obligations of an RFR landowner under this subpart).
(5)
Land ceases to be RFR land if the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 268.
(6)
Land ceases to be RFR land if the RFR period for the land ends.
(7)
In the case of the Raurimu Station property, the land also ceases to be RFR land if transferred as a deferred selection property or shared deferred selection property under section 160(1) or (2) of the Te Korowai o Wainuiārua Claims Settlement Act 2025 to 1 or both of the following:
(a)
the trustees:
(b)
the trustees of Te Korowai o Wainuiārua Trust.
240 Meaning of exclusive RFR land
In this subpart, exclusive RFR land means—
(a)
the land described in part 4 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 4 of the attachments as landholding agency for the land; or
(iii)
is a reserve vested in an administering body that derived title from the Crown and that would, on the application of section 25 or 27 of the Reserves Act 1977, revest in the Crown; and
(b)
land that, on the settlement date, is vested in the Crown and administered by the New Zealand Railways Corporation and forms part of—
(i)
the Stratford - Okahukura Line located between point 1793110mE, 5703180mN and point 1761000mE, 5679480mN on SO 611727; or
(ii)
the North Island Main Trunk between point 1794100mE, 5696056mN and point 1805840mE, 5680605mN on SO 611727; and
(c)
any land excluded from the definition of commercial redress property in section 222 by paragraph (b) of that definition and that, on the settlement date, is—
(i)
vested in the Crown; or
(ii)
held in fee simple by the Crown; and
(d)
any land obtained in exchange for a disposal of exclusive RFR land under section 254(1)(c) or 255.
241 Meaning of shared RFR land
In this subpart, shared RFR land—
(a)
means the land described in part 5 of the attachments that, on 1 June 2025,—
(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 from the Crown and that would, on the application of section 25 or 27 of the Reserves Act 1977, revest in the Crown; and
(b)
means any land that, before the settlement date under this Act, was obtained in exchange for a disposal of shared RFR land under—
(i)
section 135(1)(c) or 136 of the Ngāti Maru (Taranaki) Claims Settlement Act 2022; or
(ii)
section 198(1)(c) or 199 of the Te Korowai o Wainuiārua Claims Settlement Act 2025; and
(c)
means any land obtained in exchange for a disposal of shared RFR land under section 254(1)(c) or 255; but
(d)
does not mean any land described in paragraph (a) or (b) if, on the settlement date under this Act, the land—
(i)
has ceased to be RFR land in any of the circumstances described in—
(A)
section 122(3)(a), (b), or (c) of the Ngāti Maru (Taranaki) Claims Settlement Act 2022; or
(B)
section 184(3)(a), (b), or (c) of the Te Korowai o Wainuiārua Claims Settlement Act 2025; or
(ii)
is subject to a contract formed under—
(A)
section 128 of the Ngāti Maru (Taranaki) Claims Settlement Act 2022; or
(B)
section 191 of the Te Korowai o Wainuiārua Claims Settlement Act 2025.
Restrictions on disposal of RFR land
242 Restrictions on disposal of RFR land
An RFR landowner must not dispose of RFR land to a person other than the trustees of a recipient trust or their nominee unless the land is disposed of—
(a)
under any of sections 248 to 258; or
(b)
under any matter referred to in section 259(1); or
(c)
in accordance with a waiver or variation given under section 268; or
(d)
within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust if the offer to those trustees was—
(i)
made in accordance with section 243; and
(ii)
made on terms that were the same as, or more favourable to those trustees than, the terms of the disposal to the person; and
(iii)
not withdrawn under section 245; and
(iv)
not accepted under section 246.
Right of first refusal for trustees of offer trusts
243 Requirements for offer
(1)
An offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust must be by notice to the trustees of the 1 or more offer trusts, as the case requires.
(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 statement that identifies the RFR land as exclusive RFR land, shared RFR land, or the Raurimu Station property; and
(d)
a street address for the land (if applicable); and
(e)
a street address, postal address, and fax number or electronic address for those trustees to give notices to the RFR landowner in relation to the offer.
244 Expiry date of offer
(1)
The expiry date of an offer must be on or after the date that is 40 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer.
(2)
However, the expiry date of an offer may be on or after the date that is 20 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer if—
(a)
those 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.
(3)
For an offer of shared RFR land or the Raurimu Station property, if the RFR landowner has received notices of acceptance from the trustees of 2 or more offer trusts at the expiry date specified in the notice given under section 243(1), the expiry date is extended for the trustees of those 2 or more offer trusts to the date that is 10 working days after the date on which the trustees receive the RFR landowner’s notice given under section 246(4).
245 Withdrawal of offer
The RFR landowner may, by notice to the trustees of the 1 or more offer trusts, withdraw an offer at any time before it is accepted.
246 Acceptance of offer
(1)
The trustees of an offer trust 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 of an offer trust must accept all the RFR land offered, unless the offer permits them to accept less.
(3)
In the case of an offer of shared RFR land or the Raurimu Station property, if, at the end of the expiry date, the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust, the offer is accepted.
(4)
In the case of an offer of shared RFR land or the Raurimu Station property, if, at the end of the expiry date specified in the notice of offer given under section 244(1), the RFR landowner has received notice of acceptance from the trustees of 2 or more offer trusts, the RFR landowner has 10 working days in which to give notice to the trustees of those 2 or more offer trusts—
(a)
specifying the offer trusts from whose trustees acceptance notices have been received; and
(b)
stating that the offer may be accepted by the trustees of only 1 of those offer trusts before the end of the tenth working day after the day on which the RFR landowner’s notice is received under this subsection.
247 Formation of contract
(1)
If the trustees of an offer trust 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 those 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 of the recipient trust.
(3)
Under the contract, the trustees of the recipient trust may nominate any person (the nominee) to receive the transfer of the RFR land.
(4)
The trustees of the recipient trust 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 of a recipient trust nominate a nominee, those trustees remain liable for the obligations of the transferee under the contract.
Disposals to others where land remains RFR land
248 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.
249 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.
250 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
251 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.
252 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 date on which the RFR period for the land commenced; or
(ii)
was conditional before that date but became unconditional on or after that date; or
(iii)
arose after the exercise (whether before, on, or after that date) of an option existing before that date; or
(b)
the requirements, existing before the date on which the RFR period for the land commenced, of a gift, an endowment, or a trust relating to the land.
253 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.
254 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.
255 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.
256 Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
257 Disposal to tenants
The Crown may dispose of RFR land,—
(a)
if the land was held for education purposes on the date on which the RFR period for the land commenced, 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 date on which the RFR period for the land commenced; or
(ii)
on or after that date under a right of renewal in a lease granted before that date; or
(c)
under section 93(4) of the Land Act 1948.
258 Disposal by Health New Zealand
Health New Zealand (established by section 11(1) 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 of an offer trust that, in the Minister’s opinion, the disposal will achieve, or assist in achieving, Health New Zealand’s objectives.
RFR landowner obligations
259 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 of an offer trust; 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
260 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.
261 Notice to trustees of offer trusts of disposal of RFR land to others
(1)
An RFR landowner must give the trustees of the 1 or more offer trusts, as the case requires, notice of the disposal of RFR land by the landowner to a person other than the trustees of an offer trust 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 242; and
(f)
if the disposal is to be made under section 242(d), a copy of any written contract for the disposal.
262 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 in any of the circumstances set out in subsections (2) to (4).
(2)
Subsections (5) and (6) apply if the fee simple estate in the land is to transfer from the RFR landowner to—
(a)
any of the following (for example, under section 223 in the case of a deferred selection property, or under a contract formed under section 247):
(i)
the trustees or their nominee:
(ii)
the trustees of the Te Korowai o Wainuiārua Trust or their nominee:
(iii)
the trustees of Te Kāhui Maru Trust: Te Iwi o Maruwharanui or their nominee; or
(b)
any other person (including the Crown or a Crown body) under section 242(d).
(3)
Subsections (5) and (6) apply if the fee simple estate in the land is to transfer or vest from the RFR landowner—
(a)
to or in a person other than the Crown or a Crown body—
(i)
under any of sections 251 to 258; or
(ii)
under any matter referred to in section 259(1); or
(b)
in accordance with a waiver or variation given under section 268.
(4)
In the case of the Raurimu Station property, subsections (5) and (6) also apply if the land is to be transferred as a deferred selection property or shared deferred selection property under section 160(1) or (2) of the Te Korowai o Wainuiārua Claims Settlement Act 2025 to 1 or both of the following:
(a)
the trustees:
(b)
the trustees of the Te Korowai o Wainuiārua Trust.
(5)
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.
(6)
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.
263 Notice to be given if disposal of shared RFR land or Raurimu Station property being considered
(1)
This section applies if an RFR landowner is considering whether to dispose of shared RFR land or the Raurimu Station property in a way that may require an offer under this subpart.
(2)
The RFR landowner must give notice to the trustees of the 1 or more offer trusts that, if the landowner decides to dispose of the land, the landowner may be required to offer the land to the trustees of 1 or more offer trusts under this subpart.
(3)
The notice must be given immediately before the RFR landowner commences the processes under any of the following provisions, as relevant:
(a)
section 52 of the Land Act 1948:
(b)
section 23 of the New Zealand Railways Corporation Restructuring Act 1990:
(c)
section 40 of the Public Works Act 1981 (providing that the tests in section 40(1) of that Act are met):
(d)
any other enactment that regulates or applies to the disposal of the land.
(4)
The notice must—
(a)
specify the legal description of the land; and
(b)
identify any record of title that contains the land; and
(c)
specify the street address for the land or, if it does not have a street address, include a description or a diagram with enough information to enable a person not familiar with the land to locate it.
(5)
To avoid doubt, a notice given under this section does not, of itself, mean that an obligation has arisen under—
(a)
section 564(3) of the Education and Training Act 2020 (concerning the application of sections 40 to 42 of the Public Works Act 1981 to transfers of land under the Education and Training Act 2020); or
(b)
sections 23(1) and 24(4) of the New Zealand Railways Corporation Restructuring Act 1990 (concerning the disposal of land of the Corporation); or
(c)
section 40 of the Public Works Act 1981 (concerning the requirement to offer back surplus land to a previous owner), or that section as applied by another enactment.
(6)
In this section, dispose of means to transfer the fee simple estate in the land.
264 Notice requirements
Schedule 6 applies to notices given under this subpart by or to—
(a)
an RFR landowner; or
(b)
the trustees of an offer trust or a recipient trust.
Right of first refusal recorded on records of title
265 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 260 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 of the 1 or more offer trusts, as the case requires, 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 239; and
(b)
subject to this subpart (which restricts disposal, including leasing, of the land).
266 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 262(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 of the 1 or more offer trusts, as the case requires, 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 265 for the land described in the certificate.
267 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 265; 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 of the 1 or more offer trusts, as the case requires, 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 265 from any record of title identified in the certificate.
General provisions applying to right of first refusal
268 Waiver and variation
(1)
The trustees of an offer trust may, by notice to an RFR landowner, waive any or all of the rights they have in relation to the landowner under this subpart.
(2)
The trustees of an offer trust 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.
269 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.
270 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 6 apply to the assignees (instead of to the RFR holder) as if the assignees were the trustees of the relevant offer trust, 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 of an offer trust under this subpart, because—
(a)
they are the trustees of that offer trust; or
(b)
they have previously been assigned those rights and obligations under this section.
Subpart 3—Right of second refusal over RSR land
Interpretation
271 Interpretation
In this subpart and in Schedule 7,—
Crown body has the meaning given in section 238
dispose of, in relation to RSR 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 274(2)(a) and 275
notice means a notice given under this subpart
offer means an offer by an RSR landowner, made in accordance with section 273, to dispose of RSR land to the trustees
RSR landowner, in relation to RSR 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 RSR land has been disposed of as RFR land (within the meaning of section 184 of the Te Korowai o Wainuiārua Claims Settlement Act 2025) under section 193(1) of that Act.
272 Meaning of RSR land
In this subpart, right of second refusal land or RSR land—
(a)
means the exclusive RFR land (within the meaning of section 183 of the Te Korowai o Wainuiārua Claims Settlement Act 2025) that is described in part 7 of the attachments to Te Pua o Te Riri Kore; and
(b)
to avoid doubt,—
(i)
includes any land obtained in exchange for a disposal of that land under section 198(1)(c) or 199 of the Te Korowai o Wainuiārua Claims Settlement Act 2025; but
(ii)
does not include any land that has ceased to be RFR land (within the meaning of section 184 of the Te Korowai o Wainuiārua Claims Settlement Act 2025) in any of the circumstances described in section 184(3) of that Act; and
(c)
does not include any land that, on the settlement date under this Act, is subject to a contract formed under section 191 of the Te Korowai o Wainuiārua Claims Settlement Act 2025.
Trustees’ right of second refusal
273 Offer to trustees for RSR land
(1)
This section applies if an RSR landowner intends to dispose of RSR land as RFR land (within the meaning of section 184 of the Te Korowai o Wainuiārua Claims Settlement Act 2025) in accordance with section 186(d) of that Act.
(2)
The RSR landowner must offer to dispose of the RSR land to the trustees before disposing of the land to any other person.
(3)
To avoid doubt, subsection (2) applies despite the power in section 186(d) of the Te Korowai o Wainuiārua Claims Settlement Act 2025 to dispose of the land to any person.
274 Requirements for offer for RSR land
(1)
An offer by an RSR landowner to dispose of RSR 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 RSR landowner in relation to the offer.
(3)
The terms of the offer to the trustees must be the same as, or less favourable to the trustees than, the terms of the offer made to the trustees of the Te Korowai o Wainuiārua Trust under section 187 of the Te Korowai o Wainuiārua Claims Settlement Act 2025 (see section 186(d)(ii) of that Act).
275 Expiry date of offer for RSR land
(1)
The expiry date of an offer must be on or after the date that is 40 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 20 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.
276 Withdrawal of offer for RSR land
The RSR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted.
277 Acceptance of offer for RSR land
(1)
The trustees may, by notice to the RSR 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 RSR land offered, unless the offer permits them to accept less.
278 Formation of contract for RSR land
(1)
If the trustees accept an offer by an RSR landowner to dispose of RSR land, a contract for the disposal of the land is formed between the RSR 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, provided that the variation does not make the terms more favourable to the trustees than the terms of the offer made to the trustees of the Te Korowai o Wainuiārua Trust under section 187 of the Te Korowai o Wainuiārua Claims Settlement Act 2025 (see section 186(d)(ii) of that Act).
(3)
Under the contract, the trustees may nominate any person (the nominee) to receive the transfer of the RSR land.
(4)
The trustees may nominate a nominee only if—
(a)
the nominee is lawfully able to hold the RSR land; and
(b)
notice is given to the RSR 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 RSR landowner needs in order to transfer the RSR land to the nominee.
(6)
If the trustees nominate a nominee, the trustees remain liable for the obligations of the transferee under the contract.
Notices about RSR land
279 Notice to LINZ of RSR land with record of title after settlement date
(1)
If a record of title is first created for RSR land after the settlement date, the RSR 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 RSR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the land has become RSR land.
(3)
The notice must be given as soon as is reasonably practicable after a record of title is first created for the RSR land or after the land becomes RSR land.
(4)
The notice must include the legal description of the land and the reference for the record of title.
280 Notice to LINZ of land ceasing to be RSR land
(1)
This section applies if land contained in a record of title is to cease being RSR land because it is to cease being RFR land (within the meaning of section 184 of the Te Korowai o Wainuiārua Claims Settlement Act 2025) by being transferred or vested in any of the circumstances described in section 184(3)(a), (b), or (c) of that Act.
(2)
The RSR 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 RSR 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.
281 Notice requirements for RSR land
Schedule 7 applies to notices given under this subpart by or to—
(a)
an RSR landowner; or
(b)
the trustees.
Right of second refusal recorded on records of title
282 Right of second refusal to be recorded on records of title for RSR 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 RSR land for which there is a record of title on the settlement date; and
(b)
the RSR 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 RSR 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 RSR land for which there is a record of title on the settlement date; or
(b)
after receiving a notice under section 279 that a record of title has been created for the RSR land or that the land has become RSR 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 and the trustees of the Te Korowai o Wainuiārua Trust 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 RSR land identified in the certificate that the land is—
(a)
RSR land, as defined in section 272; and
(b)
subject to this subpart (which restricts disposal, including leasing, of the land).
283 Removal of notations when RSR 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 280(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 282 for the land described in the certificate.
284 Removal of notations when RFR period ends under Te Korowai o Wainuiārua Claims Settlement Act 2025
(1)
This section applies if land contained in a record of title ceases to be RSR land because it is ceases to be RFR land (within the meaning of section 184 of the Te Korowai o Wainuiārua Claims Settlement Act 2025) under section 184(3)(d) of that Act.
(2)
The chief executive of LINZ must, as soon as is reasonably practicable after the land ceases to be RSR land, issue to the Registrar-General a certificate that includes—
(a)
the reference for each record of title for that RSR land that still has a notation recorded under section 282; and
(b)
a statement that the certificate is issued under this section.
(3)
The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
(4)
The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notation recorded under section 282 from any record of title identified in the certificate.
General provisions applying to RSR land
285 Waiver and variation in relation to RSR land
(1)
The trustees may, by notice to an RSR landowner, waive any or all of the rights they have in relation to the landowner under this subpart.
(2)
The trustees and an RSR 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.
286 Assignment of rights and obligations relating to RSR land
(1)
Subsection (3) applies if the RSR holder—
(a)
assigns the RSR holder’s rights and obligations under this subpart to 1 or more persons in accordance with the RSR holder’s constitutional document; and
(b)
has given the notices required by subsection (2).
(2)
The RSR holder must give notices to each RSR landowner that—
(a)
state that the RSR 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 7 apply to the assignees (instead of to the RSR 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 RSR holder
RSR 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.
Part 5 Governance reorganisation and taxation provisions
287 Interpretation
In this Part, unless the context otherwise requires,—
assets and liabilities—
(a)
means the assets and liabilities owned, controlled, or held, wholly or in part, immediately before the commencement of this Act, by the trustees of the Ngāti Hāua Iwi Trust; and
(b)
includes—
(i)
all assets of any kind, whether in the form of real or personal property, money, shares, securities, rights, or interests; and
(ii)
all liabilities, including debts, charges, duties, contracts, or other obligations (whether present, future, actual, contingent, payable, or to be observed or performed in New Zealand or elsewhere)
exempt income has the meaning given in section YA 1 of the Income Tax Act 2007
Inland Revenue Acts has the meaning given in section 3(1) of the Tax Administration Act 1994
Ngāti Hāua Iwi Trust means the registered charity of that name established by a trust deed dated 12 November 2001 with the registration number CC29892
taxable income has the meaning given in section YA 1 of the Income Tax Act 2007
taxable Māori authority distribution has the meaning given in section HF 7 of the Income Tax Act 2007
transferred employee means an employee to whom section 297 applies
undistributed charitable amount means the amount identified in accordance with section 304(5), applied as the context may require.
Subpart 1—Governance reorganisation
Ngāti Hāua Iwi Trust
288 Dissolution of Ngāti Hāua Iwi Trust
(1)
On the commencement of this Act,—
(a)
the Ngāti Hāua Iwi Trust is dissolved; and
(b)
the term of office of the trustees of that trust expires; and
(c)
proceedings by or against that trust may be continued, completed, and enforced by or against the trustees of Te Whiringa Kākaho o Ngāti Hāua; and
(d)
a reference to the Ngāti Hāua Iwi Trust (express or implied) in any enactment (other than this Act), or in any instrument, register, agreement, deed (other than the deed of settlement), lease, application, notice, or other document in force immediately before the commencement of this Act must, unless the context otherwise requires, be read as a reference to the trustees of Te Whiringa Kākaho o Ngāti Hāua.
(2)
A person holding office as a trustee of the Ngāti Hāua Iwi Trust immediately before the commencement of this Act is not entitled to compensation as a result of the expiry under this section of their term of office.
289 Vesting of assets and liabilities of Ngāti Hāua Iwi Trust
(1)
On the commencement of this Act, the assets and liabilities of the trustees of the Ngāti Hāua Iwi Trust—
(a)
vest in the trustees of Te Whiringa Kākaho o Ngāti Hāua and become the assets and liabilities of the trustees of Te Whiringa Kākaho o Ngāti Hāua; and
(b)
to the extent that those assets and liabilities are owned or held subject to any charitable trusts, are freed of all charitable trusts.
(2)
However, those assets and liabilities—
(a)
remain subject to any other trusts, covenants, or conditions affecting them; and
(b)
are subject to any trusts expressed in the trust deed of Te Whiringa Kākaho o Ngāti Hāua.
General matters relating to reorganisation
290 Matters not affected by transfer
Nothing given effect to or authorised by this subpart—
(a)
places any person in breach of a contract or confidence or involves the person in the commission of a civil wrong; or
(b)
creates a right for any person to terminate or cancel any contract or arrangement, to accelerate the performance of an obligation, to impose a penalty, or to increase a charge; or
(c)
places any person in breach of an enactment, a rule of law, or a contract that prohibits, restricts, or regulates the assignment or transfer of an asset or a liability or the disclosure of information; or
(d)
releases a surety, wholly or in part, from an obligation; or
(e)
invalidates or discharges a contract.
291 Status of existing instruments
(1)
The trustees of Te Whiringa Kākaho o Ngāti Hāua are to be treated as if they were the trustees of the Ngāti Hāua Iwi Trust under any existing instrument—
(a)
to which the trustees of the Ngāti Hāua Iwi Trust were a party; or
(b)
that the trustees of the Ngāti Hāua Iwi Trust gave, received, or were to give or receive.
(2)
An express or implied reference to the trustees of the Ngāti Hāua Iwi Trust in an existing instrument or in a register must be read as a reference to the trustees of Te Whiringa Kākaho o Ngāti Hāua, unless the context otherwise requires.
(3)
In this section, existing instrument means any agreement, deed, undertaking, application, notice, instrument recording an interest in land, or other document in effect immediately before the commencement of this Act.
292 Status of existing securities
(1)
A security held by the trustees of the Ngāti Hāua Iwi Trust as security for a debt or other liability to that trust incurred before the commencement of this Act—
(a)
is available to the trustees of Te Whiringa Kākaho o Ngāti Hāua as security for the discharge of that debt or liability; and
(b)
if the security extends to future or prospective debts or liabilities, is available as security for the discharge of debts or liabilities to those trustees incurred on or after the commencement of this Act.
(2)
The trustees of Te Whiringa Kākaho o Ngāti Hāua are entitled to the same rights and priorities, and subject to the same liabilities, in relation to the security as the trustees of the Ngāti Hāua Iwi Trust would have been if this Act had not been passed.
293 Continuation of proceedings
(1)
An action, arbitration, proceeding, or cause of action that was pending or existing by, against, or in favour of the trustees of the Ngāti Hāua Iwi Trust before the commencement of this Act may be continued and enforced by, against, or in favour of the trustees of Te Whiringa Kākaho o Ngāti Hāua.
(2)
It is not necessary to amend a pleading, writ, or other document to continue the action, arbitration, proceeding, or cause of action.
294 Books and documents to remain evidence
(1)
A document, matter, or thing that would have been admissible in evidence for or against the trustees of the Ngāti Hāua Iwi Trust is, on and after the commencement of this Act, admissible in evidence for or against the trustees of Te Whiringa Kākaho o Ngāti Hāua.
(2)
In this section, document has the meaning given in section 4(1) of the Evidence Act 2006.
295 Removal from register of charitable entities
The Ngāti Hāua Iwi Trust must be removed, under section 31 of the Charities Act 2005, from the register of charitable entities with effect on and from the commencement of this Act.
296 Other registers
(1)
The Registrar-General or any other person charged with keeping documents or registers is not required, solely because of the other provisions of this subpart, to change, in the documents or registers, the names of the trustees of the Ngāti Hāua Iwi Trust to the names of the trustees of Te Whiringa Kākaho o Ngāti Hāua.
(2)
If the trustees of Te Whiringa Kākaho o Ngāti Hāua present an instrument to a registrar or other person, the presentation of that instrument is, in the absence of evidence to the contrary, sufficient proof that the property is vested in those trustees, as specified in the instrument.
(3)
For the purposes of subsection (2), the instrument need not be an instrument of transfer, but must—
(a)
be executed or purport to be executed by the trustees of Te Whiringa Kākaho o Ngāti Hāua; and
(b)
relate to assets or liabilities owned, controlled, or held, wholly or in part, by the trustees of the Ngāti Hāua Iwi Trust immediately before the commencement of this Act; and
(c)
be accompanied by a certificate given by the trustees of Te Whiringa Kākaho o Ngāti Hāua or their solicitor stating that the property was vested in those trustees by or under this Act.
Employees
297 Transfer of employees
On the commencement of this Act, each employee of the trustees of the Ngāti Hāua Iwi Trust ceases to be an employee of that trust and becomes an employee of the trustees of Te Whiringa Kākaho o Ngāti Hāua.
298 Protection of terms and conditions of employment
(1)
The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to them immediately before the commencement of this Act.
(2)
Subsection (1)—
(a)
continues to apply to the terms and conditions of employment of a transferred employee until the terms and conditions are varied by agreement between the transferred employee and the trustees of Te Whiringa Kākaho o Ngāti Hāua; and
(b)
does not apply to a transferred employee who accepts any subsequent appointment with those trustees.
299 Continuity of employment
For the purposes of any enactment, rule of law, determination, contract, or agreement relating to the employment of a transferred employee, the transfer of the person’s employment from the trustees of the Ngāti Hāua Iwi Trust to the trustees of Te Whiringa Kākaho o Ngāti Hāua does not, of itself, break the employment of that person, and the period of their employment by the trustees of the Ngāti Hāua Iwi Trust is to be regarded as having been a period of service with the trustees of Te Whiringa Kākaho o Ngāti Hāua.
300 No compensation for technical redundancy
A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that—
(a)
the position held by the employee with the trustees of the Ngāti Hāua Iwi Trust has ceased to exist; or
(b)
the employee has ceased, as a result of their transfer to the trustees of Te Whiringa Kākaho o Ngāti Hāua, to be an employee of the trustees of the Ngāti Hāua Iwi Trust.
301 Liability of employees and agents
(1)
A trustee, an officer, or a representative of Te Whiringa Kākaho o Ngāti Hāua who held office at any time before the commencement of this Act is not personally liable for any act or thing done or omitted to be done by that person before the commencement of this Act in the exercise or bona fide exercise of a duty under any enactment or the relevant deed of trust.
(2)
This section applies only—
(a)
in the absence of actual fraud; and
(b)
if the act or omission does not amount to an offence under any enactment or rule of law.
Final report
302 Final report of Ngāti Hāua Iwi Trust
As soon as practicable after the commencement of this Act, the trustees of Te Whiringa Kākaho o Ngāti Hāua must prepare the final report of the Ngāti Hāua Iwi Trust.
Subpart 2—Taxation provisions
303 Application
This subpart applies, by virtue of the reorganisation of the governance of Ngāti Hāua Iwi under subpart 1, for the purposes of the Inland Revenue Acts.
Ngāti Hāua Iwi Trust
304 Taxation in respect of transfer of assets and liabilities of Ngāti Hāua Iwi Trust
(1)
On and from the date on which the assets and liabilities of the trustees of the Ngāti Hāua Iwi Trust vest in the trustees of Te Whiringa Kākaho o Ngāti Hāua under section 289(1),—
(a)
those trustees are deemed to be the same person as the trustees of the Ngāti Hāua Iwi Trust; and
(b)
everything done by the trustees of the Ngāti Hāua Iwi Trust before that date is deemed to have been done by the trustees of Te Whiringa Kākaho o Ngāti Hāua on the date that it was done by the trustees of the Ngāti Hāua Iwi Trust.
(2)
Income derived or expenditure incurred by the trustees of the Ngāti Hāua Iwi Trust before the assets and liabilities vest in the trustees of Te Whiringa Kākaho o Ngāti Hāua does not become income derived or expenditure incurred by those trustees just because the assets and liabilities vest in those trustees under section 289(1).
(3)
Subsection (4) applies if income of the trustees of the Ngāti Hāua Iwi Trust—
(a)
is derived from a financial arrangement, trading stock, revenue account property, or depreciable property; and
(b)
is exempt income of the trustees of the Ngāti Hāua Iwi Trust but is not exempt income of the trustees of Te Whiringa Kākaho o Ngāti Hāua.
(4)
The trustees of Te Whiringa Kākaho o Ngāti Hāua must be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property—
(a)
on the day that it becomes the property of those trustees; and
(b)
for a consideration that is its market value.
(5)
The trustees of Te Whiringa Kākaho o Ngāti Hāua must identify the undistributed charitable amount, using the following formula:
x − y
where—
- x
is the total of the amounts derived by the trustees of the Ngāti Hāua Iwi Trust that, but for the application of sections CW 41 and CW 42 of the Income Tax Act 2007, would have been taxable income derived by those trustees before the commencement of this Act
- y
is the total of the amounts described in item x that have been distributed before the commencement of this Act.
(6)
However, if the use of the formula in subsection (5) results in a number that is less than 0, the undistributed charitable amount is 0.
(7)
The undistributed charitable amount is excluded from the corpus of the trustees of Te Whiringa Kākaho o Ngāti Hāua for the purposes of the Income Tax Act 2007, to the extent to which it is otherwise included but for this subsection.
(8)
If the trustees of Te Whiringa Kākaho o Ngāti Hāua distribute any of the undistributed charitable amount to a person, that amount is treated as beneficiary income for the purposes of the Income Tax Act 2007, unless subsection (9) applies.
(9)
If the trustees of Te Whiringa Kākaho o Ngāti Hāua distribute any of the undistributed charitable amount for a charitable purpose, the distribution is exempt income of the recipient.
305 Election of trustees of Te Whiringa Kākaho o Ngāti Hāua to become Māori authority
(1)
If the trustees of Te Whiringa Kākaho o Ngāti Hāua make an election under section HF 11 of the Income Tax Act 2007 to become a Māori authority, to the extent that the undistributed charitable amount is distributed in an income year, that distribution will be—
(a)
exempt income if the distribution is applied for a charitable purpose; or
(b)
a taxable Māori authority distribution.
(2)
If this section applies, the amount must be disregarded for the purposes of section HF 8 of the Income Tax Act 2007.
Schedule 1 Statutory areas
ss 33, 42
Part 1 Areas subject only to statutory acknowledgement
| Statutory area | Location | |
|---|---|---|
| Hawkin’s Wetland Scenic Reserve | As shown on OMCR-006-067 | |
| Hikumutu Scenic Reserve | As shown on OMCR-006-068 | |
| Hukapapa Conservation Area | As shown on OMCR-006-069 | |
| Kaituna No. 2 Scenic Reserve | As shown on OMCR-006-071 | |
| Kakahi Conservation Area | As shown on OMCR-006-072 | |
| Kakahi Scenic Reserve | As shown on OMCR-006-073 | |
| Kirikau No. 4 Scenic Reserve | As shown on OMCR-006-075 | |
| Kirikau No. 5 Scenic Reserve | As shown on OMCR-006-076 | |
| Kokakonui Scenic Reserve | As shown on OMCR-006-077 | |
| Lairdvale Scenic Reserve | As shown on OMCR-006-078 | |
| Mākōura Scenic Reserve (formerly Part Neilsons Conservation Area) | As shown on OMCR-006-083 | |
| Ohinepane Recreation Reserve | As shown on OMCR-006-084 | |
| Ohinetonga Scenic Reserve | As shown on OMCR-006-085 | |
| Okahukura Scenic Reserve | As shown on OMCR-006-086 | |
| Otunui Conservation Area | As shown on OMCR-006-088 | |
| Owhango Domain Recreation Reserve | As shown on OMCR-006-089 | |
| Paorae Scenic Reserve | As shown on OMCR-006-090 | |
| Papapotu Scenic Reserve | As shown on OMCR-006-091 | |
| Parapara Scenic Reserve | As shown on OMCR-006-092 | |
| Part Moki Conservation Area | As shown on OMCR-006-081 | |
| Part Taumarunui/Rangaroa Recreation Reserve | As shown on OMCR-006-105 | |
| Puna Wai | As shown on OMCR-006-094 | |
| Rangi Scenic Reserve | As shown on OMCR-006-095 | |
| Rangitatea Conservation Area | As shown on OMCR-006-096 | |
| Raurimu Spiral Scenic Reserve | As shown on OMCR-006-097 | |
| Reserve E Conservation Area | As shown on OMCR-006-098 | |
| Retaruke Scenic Reserve | As shown on OMCR-006-099 | |
| Rotokahu Scenic Reserve | As shown on OMCR-006-100 | |
| Tāiki Scenic Reserve (formerly Part Opatu Conservation Area) | As shown on OMCR-006-087 | |
| Tamakehu Tuarua Scenic Reserve (formerly Hunua Conservation Area) | As shown on OMCR-006-070 | |
| Tapui Scenic Reserve | As shown on OMCR-006-104 | |
| Te Rauateti Scenic Reserve | As shown on OMCR-006-107 | |
| Te Riu o Te Atua Scenic Reserve (formerly Part Pukeatua Conservation Area) | As shown on OMCR-006-093 | |
| The Ratas Scenic Reserve | As shown on OMCR-006-108 | |
| Toi Conservation Area | As shown on OMCR-006-109 | |
| Tunnel Hill Scenic Reserve | As shown on OMCR-006-110 | |
| Waimarino Scientific Reserve | As shown on OMCR-006-111 | |
| Waireka Conservation Area | As shown on OMCR-006-112 | |
| Whakapapa Gorge Scenic Reserve | As shown on OMCR-006-113 |
Part 2 Areas subject to both statutory acknowledgement and deed of recognition
| Statutory area | Location | |
|---|---|---|
| Kawautahi Scenic Reserve | As shown on OMCR-006-074 | |
| Marginal Strip – Whakapapa River | As shown on OMCR-006-079 | |
| Motutara Scenic Reserve | As shown on OMCR-006-082 | |
| Part Mohakatino Conservation Area | As shown on OMCR-006-080 | |
| Part Tāngarākau Forest Conservation Area | As shown on OMCR-006-101 | |
| Part Tāngarākau Forest Conservation Area (Pūtikituna Pā) | As shown on OMCR-006-102 | |
| Tāngarākau Scenic Reserve | As shown on OMCR-006-103 | |
| Te Maire Scientific Reserve | As shown on OMCR-006-106 | |
| Whangamōmona Scenic Reserve | As shown on OMCR-006-114 |
Schedule 2 Te Tuanui area
s 48
| Te Tuanui area | Location | Description | ||
|---|---|---|---|---|
| Part Tongariro Conservation Area | As shown on OMCR-006-066 | Wellington Land District—Ruapehu District 15,743 hectares, approximately, being Sections 5 and 6 SO 35593, Section 4 SO 36603, Part Section 1 SO 36983, Section 1 SO 36984, Section 1 SO 36985, Sections 1 and 2 SO 37088, Sections 7, 12, 14, 15, 16, and 17 SO 304887, Part Section 4 SO 455316, and Parts Waimarino 1. |
Schedule 3 Cultural redress properties
ss 66, 131–133
Properties vested in fee simple
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Former Kākahi School property | Wellington Land District—Ruapehu District 1.7053 hectares, more or less, being Section 1 SO 522593. All record of title 879156 for the fee simple estate. | Subject to an unregistered licence to occupy to Manunui No. 3 Trust dated 14 December 2020. | ||
| Former Kirikau School property | Wellington Land District—Ruapehu District 0.6070 hectares, more or less, being Section 31 Block III Retaruke Survey District. All record of title WN456/273 for the fee simple estate. | Subject to an unregistered deed of lease to Fire Rescue and First Response Limited dated 1 November 2024. | ||
| Makakote property | Wellington Land District—Ruapehu District 0.10 hectares, approximately, being Section 28 Block XI Retaruke Survey District. Part Gazette notice B212290.1. Subject to survey. As shown on OMCR-006-004. | |||
| Makere Te Uruweherua | South Auckland Land District—Ruapehu District 0.37 hectares, approximately, being Crown Land (no registration). Subject to survey. As shown on OMCR-006-005. | |||
| Mangatiti Landing property | Wellington Land District—Ruapehu District 0.5539 hectares, more or less, being Part Waimarino 5B8. All proclamation 877. | |||
| Maniniau | Wellington Land District—Ruapehu District 0.1126 hectares, more or less, being Section 30 Block XI Retaruke Survey District. Part Gazette notice B212290.1. | |||
| Maraekōwhai property | Taranaki Land District—Ruapehu District 0.0405 hectares, more or less being Section 10 Block VII Heao Survey District. All Gazette 1914, p 3779. | |||
| Ngā Wai Heke | Taranaki Land District—Ruapehu District 0.75 hectares, approximately, being Crown Land Block VII Heao Survey District. Part Gazette 1887, p 675. Subject to survey. As shown on OMCR-006-009. | |||
| Ōhura River property | Taranaki Land District—Ruapehu District 1.7503 hectares, more or less, being Section 3 Block VI Heao Survey District. Part Gazette 1912, p 190. | Subject to a right of way created by deed of easement and held in record of title TNE2/1072. | ||
| Rangipuhia | Wellington Land District—Ruapehu District 4.22 hectares, approximately, being Part Section 13 Block III Whirinaki Survey District. Part Gazette Notice B212290.1 and All Proclamation 1993. Subject to survey. As shown on OMCR-006-011. | |||
| Rangiwhakarurua | Taranaki Land District—Stratford District 0.3177 hectares, more or less, being Crown Land Block X Pouatu Survey District. Part Gazette 1894, p 170. | |||
| Taitua Street site A | Wellington Land District—Ruapehu District 0.1186 hectares, more or less, being Lot 1 DP 76898. All record of title WN43C/558 for the fee simple estate. | Subject to an unregistered lease to Nik Turanga dated 8 November 2021. | ||
| Taitua Street site B | Wellington Land District—Ruapehu District 1.3481 hectares, more or less, being Lot 2 DP 76898. All record of title WN43C/559 for the fee simple estate. | Subject to an easement in gross to drain, discharge and convey water created by transfer B324181.4. | ||
| Tawhata property | Wellington Land District—Ruapehu District 0.0253 hectares, more or less, being Part Section 7 Block III Retaruke Survey District. Part record of title WN301/215 for the fee simple estate. | |||
| Te Whiutahi | Taranaki Land District—Ruapehu District 0.9434 hectares, more or less, being Sections 19 and 20 Block XVI Ohura Survey District. Part Proclamation 1863. | |||
| Tūmoana | South Auckland Land District—Ruapehu District 8.3 hectares, approximately, being Crown Land (no registration). Subject to survey. As shown on OMCR-006-017. | Subject to a right to drain sewage easement in gross referred to in section 82(4). |
Properties vested in fee simple to be administered as reserves
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Aorangi property | Taranaki Land District—Ruapehu District 2.0234 hectares, more or less, being Section 4 Block XV Ohura Survey District. All Gazette 1958, p 1562. | Subject to being a scenic reserve, as referred to in section 83(3). | ||
| Awahou property | Taranaki Land District—Stratford District 20 hectares, approximately, being Part Section 21 Block IV Ngatimaru Survey District. Part Gazette 1905, p 759. Subject to survey. As shown on OMCR-006-019. | Subject to being a scenic reserve, as referred to in section 84(3). | ||
| Hawkin’s Wetland property | Wellington Land District—Ruapehu District 0.5 hectares, approximately, being Part Section 2 SO 37921. Part Gazette notice B698573.1. Subject to survey. As shown on OMCR-006-020. | Subject to being a scenic reserve, as referred to in section 85(3). | ||
| Kākahi property | Wellington Land District—Ruapehu District 6.85 hectares, approximately, being Part Section 29 Block VI Hunua Survey District. Part Gazette notice B212290.1. Subject to survey. As shown on OMCR-006-021. | Subject to being a scenic reserve, as referred to in section 86(3). | ||
| Kauhangaroa property | Wellington Land District—Ruapehu District 153.01 hectares, approximately, being Part Section 1 Block XIV Kaitieke Survey District. Subject to survey. As shown on OMCR-006-022. | Subject to being a scenic reserve, as referred to in section 87(3). | ||
| Kawautahi property | Wellington Land District—Ruapehu District 4.51 hectares, approximately, being Parts Section 15 Block III Kaitieke Survey District. Part Gazette notice 618460.1. Subject to survey. As shown on OMCR-006-023. | Subject to being a scenic reserve, as referred to in section 88(3). | ||
| Koiro Farms property | Taranaki Land District—Ruapehu District 6.4 hectares, approximately, being Part Lot 2 DP 14430. Part Gazette notice 425176.2. Subject to survey. As shown on OMCR-006-024. | Subject to being a scenic reserve, as referred to in section 89(3). | ||
| Koiro property | Taranaki Land District—Ruapehu District 2.3345 hectares, more or less, being Section 16 Block VII Heao Survey District. Part Gazette 1887 p 667. | Subject to being a scenic reserve, as referred to in section 90(3). | ||
| Kouturoa property | Wellington Land District—Ruapehu District 0.6930 hectares, more or less, being Section 34 Block X Kaitieke Survey District. Part Gazette notice B212290.1. | Subject to being a scenic reserve, as referred to in section 91(3). | ||
| Kururau property | Taranaki Land District—Ruapehu District 4.5047 hectares, more or less, being Section 7 Block XV Ohura Survey District. All transfer 394199. | Subject to being a scenic reserve, as referred to in section 92(3). | ||
| Mangaoturu property | Wellington Land District—Ruapehu District 3.0276 hectares, more or less, being Section 8 Block VIII Retaruke Survey District. Part Gazette 1907, p 998. | Subject to being a scenic reserve, as referred to in section 93(3). | ||
| Matahānea | South Auckland Land District—Ruapehu District 0.88 hectares, approximately, being Part Section 13 Block II Piopiotea Survey District. Subject to survey. As shown on OMCR-006-029. | Subject to being a scenic reserve, as referred to in section 94(3). | ||
| Matiere Domain property | Taranaki Land District—Ruapehu District 2.4585 hectares, more or less, being Section 32 Matiere Suburban. Part Gazette notice 312625. | Subject to being a recreation reserve, as referred to in section 95(3). Subject to an unregistered licence to occupy to Matiere Community Society Incorporated with document number L20-0149. | ||
| Motutara property | Taranaki Land District—Ruapehu District 10 hectares, approximately, being Part Section 3 Block II Piopiotea West Survey District. Part Gazette 1930, p 3580. Subject to survey. As shown on OMCR-006-031. | Subject to being a scenic reserve, as referred to in section 96(3). | ||
| Ngā Huinga | South Auckland Land District—Ruapehu District 5.1 hectares, approximately, being Taumarunui Papakainga 21 and Taumarunui Papakainga 22. All records of title SA378/279 and SA399/267 for the fee simple estate. Subject to survey. 0.09 hectares, approximately, being Part Crown Land Block I Hunua Survey District (SO 16278). Subject to survey. 1.87 hectares, approximately, being Crown Land (no registration). Subject to survey. As shown on OMCR-006-032. | Subject to being a recreation reserve, as referred to in section 97(4). Subject to the right to convey water easement in gross referred to in section 97(7)(a). Subject to a right of way easement in gross referred to in section 97(7)(b). | ||
| Ngamoturiki property | Wellington Land District—Ruapehu District 7.7295 hectares, more or less, being Section 5 Block XII Retaruke Survey District. Part Gazette 1907, p 998. 4.3 hectares, approximately, being Parts Section 13 Block IX Kaitieke Survey District. Part Gazette 1913, p 1659. Subject to survey. As shown on OMCR-006-033. | Subject to being a scenic reserve, as referred to in section 98(3). | ||
| Ngataumata property | Wellington Land District—Ruapehu District 3.0857 hectares, more or less, being Section 12 Block XII Retaruke Survey District. Part Gazette 1913, p 1659. | Subject to being a scenic reserve, as referred to in section 99(3). | ||
| Ohinetonga property | Wellington Land District—Ruapehu District 15.1100 hectares, more or less, being Section 41 Block X Hunua Survey District. Part Gazette 1921, p 6. | Subject to being a scenic reserve, as referred to in section 100(3). | ||
| Ōhura Bowling Club property | Taranaki Land District—Ruapehu District 0.9965 hectares, more or less, being Section 12 Block IX Town of Ohura. All record of title TN232/56 for the fee simple estate. | Subject to being a recreation reserve, as referred to in section 101(3). | ||
| Opatu property | Taranaki Land District—Ruapehu District 10 hectares, approximately, being Parts Opatu D Block and Part Crown Land (SO 5768). Part Proclamation 2515. Subject to survey. As shown on OMCR-006-037. | Subject to being a scenic reserve, as referred to in section 102(3). | ||
| Oruru property | Wellington Land District—Ruapehu District 15.4185 hectares, more or less, being Section 6 Block XI Retaruke Survey District. Part Gazette 1907, p 998. | Subject to being a scenic reserve, as referred to in section 103(3). | ||
| Ōwhango Domain property | Wellington Land District—Ruapehu District 0.14 hectares, approximately, being Part Sections 59 and 71 Block X Hunua Survey District. All Gazette 1941 p 3843. Subject to survey. As shown on OMCR-006-039. | Subject to being a scenic reserve, as referred to in section 104(3). | ||
| Paparoa property | Wellington Land District—Ruapehu District 1.6110 hectares, more or less, being Sections 1, 2 and 3 SO 19108 and Part Waimarino CD3H. Part Proclamation 2156. | Subject to being a scenic reserve, as referred to in section 105(3). | ||
| Pukeatua property | Wellington Land District—Ruapehu District 10 hectares, approximately, being Part Section 8 Block V Kaitieke Survey District. Subject to survey. As shown on OMCR-006-042. | Subject to being a scenic reserve, as referred to in section 106(3). | ||
| Puketōtara site A | Wellington Land District—Ruapehu District 9.9907 hectares, more or less, being Reserve A Block I Hunua Survey District. | Subject to being a scenic reserve, as referred to in section 107(3). | ||
| Puketōtara site B | Wellington Land District—Ruapehu District 4.8110 hectares, more or less, being Section 43 Block I Hunua Survey District. All Gazette notice 576358.1. 1.2773 hectares, more or less, being Reserve B Block I Hunua Survey District. | Subject to being a scenic reserve, as referred to in section 108(3). | ||
| Rangi property | Taranaki Land District—Ruapehu District 10 hectares, approximately, being Part Section 37 Block I Rangi Survey District. Part Gazette notice 261046.0. Subject to survey. As shown on OMCR-006-045. | Subject to being a scenic reserve, as referred to in section 109(3). | ||
| Reremai | Wellington Land District—Ruapehu District 8.99 hectares, approximately, being Parts Section 3 Block XII Retaruke Survey District. Part Gazette notice B212290.1. Subject to survey. As shown on OMCR-006-046. | Subject to being a scenic reserve, as referred to in section 110(3). | ||
| Rurumaiakatea | Wellington Land District—Ruapehu District 3.4171 hectares, more or less, being Reserve C Block I Hunua Survey District. Comprised in Part Gazette notice 452525. 0.0402 hectares, more or less, being Part Section 16 Block I Hunua Survey District. | Subject to being a scenic reserve, as referred to in section 111(3). | ||
| Takahirekareka | Wellington Land District—Ruapehu District 25.57 hectares, approximately, being Sections 140, 141, 144, 150 and Part Section 15 Manunui Village. All record of title 390957 for the fee simple estate. Subject to survey. As shown on OMCR-006-048. | Subject to being a recreation reserve, as referred to in section 112(3). Subject to the right to drain sewage easement in gross referred to in section 112(6). Subject to a lease with instrument number 8186061.1, held in record of title 881776 Subject to an unregistered lease to King Country Polocrosse Association dated 28 October 2009. Subject to an unregistered licence to occupy for a community garden and grazing to Taumarunui Whakaarotahi Trust commencing 1 November 2020. Subject to a memorandum of agreement for the use of Manunui Hall to Taumarunui Whakaarotahi Trust Board dated 31 March 2021. | ||
| Tāngarākau Forest property | Taranaki Land District—Stratford District 40.00 hectares, approximately, being Part Section 2 Block IX Heao Survey District. Subject to survey. As shown on OMCR-006-049. | Subject to being a scenic reserve, as referred to in section 113(3). | ||
| Tāngarākau property | Taranaki Land District—Stratford District 10 hectares, approximately, being Part Section 2 Block III Pouatu Survey District and Part Section 9 Block VII Pouatu Survey District. Part Gazette notice 314387. Subject to survey. As shown on OMCR-006-050. | Subject to being a scenic reserve, as referred to in section 114(3). | ||
| Tapui property | Wellington Land District—Ruapehu District 10 hectares, approximately, being Part Section 16 Block IV Hunua Survey District. Part Gazette 1925, p 857. Subject to survey. As shown on OMCR-006-051. | Subject to being a scenic reserve, as referred to in section 115(3). | ||
| Tatu site A | Taranaki Land District—Ruapehu District 3.8 hectares, approximately, being Parts Crown Land Block XIII Ohura Survey District. Subject to survey. As shown on OMCR-006-052. | Subject to being a scenic reserve, as referred to in section 116(3). | ||
| Tatu site B | Taranaki Land District—Ruapehu District 4.6858 hectares, more or less, being Section 2 Village of Tatu Suburban, and Section 29 Block XIII Ohura Survey District. All Gazette notice 192493. | Subject to being a scenic reserve, as referred to in section 117(3). | ||
| Te Miro | Taranaki Land District—Ruapehu District 2.78 hectares, approximately, being Parts Section 6 Block II Piopio West Survey District. Part Gazette 1915, p 2. Subject to survey. As shown on OMCR-006-054. | Subject to being a scenic reserve, as referred to in section 118(3). Subject to an unregistered guiding permit with concession number 94716-GUI to the New Zealand Professional Fishing Guides Association. | ||
| Tuku Street Domain property | South Auckland Land District—Ruapehu District 1.0117 hectares, more or less, being Allotment A4A Block XIX Taumarunui Maori Township. All Gazette notice S101009. | Subject to being a recreation reserve, as referred to in section 119(3). Subject to the right to drain sewage easement in gross referred to in section 119(6)(a). Subject to the right to drain water easement in gross referred to in section 119(6)(b). Subject to an unregistered lease to Breakthrough Community Trust with document number L20-0110 dated 21 November 2017 and renewal of lease agreement dated 22 September 2022. | ||
| Waipahihi property | Wellington Land District—Ruapehu District 5.0586 hectares, more or less, being Section 6 Block VII Retaruke Survey District. Part Gazette 1907, p 1236. | Subject to being a scenic reserve, as referred to in section 120(3). | ||
| Waitewhena property | Taranaki Land District—Ruapehu District 8.4 hectares, approximately, being Parts Sections 31 and 32 Block V Ohura Survey District. All Gazette 1915, p 3554. 1.1 hectares, approximately, being Section 35 and Parts Sections 33 and 34 Block V Ohura Survey District. All Gazette 1926, p 1923. 0.4636 hectares, more or less, being Sections 38 and 39 Block V Ohura Survey District. All Gazette 1933, p 21. 0.1821 hectares, more or less, being Subdivision 1 of Section 36 Block V Ohura Survey District. Part Gazette 1926, p 3418. 0.0104 hectares, more or less, being Section 58 Block V Ohura Survey District. Part Gazette notice 166766. 1.11 hectares, approximately, being Parts Section 3 Block XV Town of Ohura. Balance Gazette 1931, p 11. All Gazette 1984, p 3621. All subject to survey. As shown on OMCR-006-057. | Subject to being a scenic reserve, as referred to in section 121(3). | ||
| Whakapapa Island property | Wellington Land District—Ruapehu District 61.51 hectares, approximately, being Parts Section 86 Block VI Hunua Survey District. All Gazette 1931, p 2207 and all Gazette notice 405289.1. Subject to survey. As shown on OMCR-006-058. | Subject to being a scenic reserve, as referred to in section 122(3). | ||
| Whangamōmona Forest property | Taranaki Land District—Stratford District 27.1139 hectares, more or less, being Section 1A Block X Mahoe Survey District. Part Gazette 1965, p 1333. 37.88 hectares, approximately, being Part Section 12 Block XI Mahoe Survey District. Part Gazette 1907, p 2306. Subject to survey. As shown on OMCR-006-059. | Subject to being a scenic reserve, as referred to in section 123(3). |
Lakebed property vested in fee simple to be administered as reserve
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Bed of Lake Pohoare | Wellington Land District—Ruapehu District 3.64 hectares, approximately, being Part Section 9 Block XIII Kaitieke Survey District, but excluding the Crown stratum as defined in section 66. Part Gazette 1913 p 1659. Subject to survey. As shown on OMCR-006-041. | Subject to being a scenic reserve, as referred to in section 124(3). |
Properties jointly vested in fee simple to be administered as reserves
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Hikurangi property | South Auckland Land District—Ruapehu District 10.4700 hectares, more or less, being Lot 1 DPS 38085. All transfer H716397.1. 112.1910 hectares more or less, being Section 10 and Part Section 11 Block V Tuhua Survey District. Balance Gazette notice S175511. | Subject to being a scenic reserve, as referred to in section 125(3). | ||
| Tahorapāroa property | Taranaki Land District—Stratford District 11.1359 hectares, more or less, being Lots 1 and 2 DP 8449 and Section 34 Block VI Pouatu Survey District. All Gazette notice 151558A. | Subject to being a scenic reserve, as referred to in section 126(3). | ||
| Tāngarākau marginal strip property | Taranaki Land District—Stratford District 1.1415 hectares, more or less, being Sections 1 and 2 SO 561336. | Subject to being a historic reserve, as referred to in section 127(3). | ||
| Tangitu property | Taranaki Land District—Ruapehu District 40.0000 hectares, more or less, being Sections 1 and 2 SO 564045. Part Gazette notice 294693.4. | Subject to being a scenic reserve, as referred to in section 128(3). Subject to an unregistered grazing licence with the concession number 82522-GRA to MK Gemmell Family Trust. | ||
| Taumatamāhoe property | Taranaki Land District—Whanganui District 11.5220 hectares, more or less, being Section 1 SO 593696. | Subject to being a scenic reserve, as referred to in section 129(3). | ||
| Waihuka property | Taranaki Land District—Ruapehu District 20.0003 hectares, more or less, being Section 1 SO 562858. Part Gazette notice 160471. | Subject to being a scenic reserve, as referred to in section 130(3). |
Schedule 4 Further matters relating to Te Pou Taiao
ss 174, 175, 189
Part 1 Existing scenic reserves that form part of Te Pou Taiao area
| Scenic reserve | Description | |
|---|---|---|
| Mangaorakei North Scenic Reserve | Wellington Land District–Ruapehu District 17.4420 hectares, more or less, being Section 2 Block I Kaitieke Survey District. | |
| Motutara Scenic Reserve | Taranaki Land District–Ruapehu District 12.46 hectares, approximately, being Part Section 3 Block II Piopiotea West Survey District. Subject to survey. 510.2763 hectares, more or less, being Sections 13, 14, and 42 Block III Piopiotea West Survey District. | |
| Papapotu Scenic Reserve: | Wellington Land District–Ruapehu District 11.3312 hectares, more or less, being Section 10 Block XII Retaruke Survey District. | |
| Pukeatua Scenic Reserve | Wellington Land District–Ruapehu District 5.6352 hectares, more or less, being Section 6 Block V Kaitieke Survey District. | |
| Retaruke Scenic Reserve | Wellington Land District–Ruapehu District 584.2648 hectares, more or less, being Sections 49 and 50 Block X Kaitieke Survey District, Section 1 Block XIII Kaitieke Survey District and Sections 9 and 12 Block XIV Kaitieke Survey District. | |
| Rotokahu Scenic Reserve | Wellington Land District–Ruapehu District 383.6419 hectares, more or less, being Section 1A of Section 2 and Subdivision 1 of Section 3 Block XIII Kaitieke Survey District. 126.26 hectares, approximately, being Part Section 9 Block XIII Kaitieke Survey District (including the Crown stratum (as defined in section 66) above Lake Pohoare, but excluding the bed of Lake Pohoare). Subject to survey. | |
| Te Ruahine Scenic Reserve | Wellington Land District–Ruapehu District 964.5134 hectares, more or less, being Sections 3, 7, and 9 Block I Kaitieke Survey District and Section 11 Block IV Retaruke Survey District. | |
| Wall Scenic Reserve | Wellington Land District–Ruapehu District 35.4100 hectares, more or less, being Section 8 Block VIII Hunua Survey District. |
Part 2 Conservation areas reclassified as scenic reserves to form part of Te Pou Taiao area
| Existing conservation area | Description | Official geographic name | ||
|---|---|---|---|---|
| Hunua Conservation Area | Wellington Land District–Ruapehu District 582.7473 hectares, more or less, being Section 2 Block II Kaitieke Survey District. | Tamakehu Tuarua Scenic Reserve | ||
| Kokaka Conservation Area | Wellington Land District–Ruapehu District 444.6483 hectares, more or less, being Sections 9 and 33 Block X, and Subdivision 1B Section 2, Subdivision 2 Section 3 and Section 6 Block XIII, all Kaitieke Survey District. | Tāhere Kākā Scenic Reserve | ||
| Neilsons Conservation Area | Wellington Land District–Ruapehu District 664.10 hectares, approximately, being Part Section 1 and Parts Section 3 Block XII Retaruke Survey District. Subject to survey. | Mākōura Scenic Reserve | ||
| Opatu Conservation Area | Taranaki Land District–Ruapehu District 182.0073 hectares, more or less, being Sections 15 and 23 Block VII Heao Survey District. 45.80 hectares, approximately, being Part Opatu D and Part Crown Land SO 5768. Subject to survey. | Tāiki Scenic Reserve | ||
| Opura Conservation Area | Taranaki Land District–Ruapehu District 122.8980 hectares, more or less, being Part Section 6 Block VII Heao Survey District. | Whakahīrangi Scenic Reserve | ||
| Pukeatua Conservation Area | Wellington Land District–Ruapehu District 267.60 hectares, approximately, being Part Section 8 Block V Kaitieke Survey District. Subject to survey. | Te Riu o Te Atua Scenic Reserve |
Part 3 Membership, procedures, and funding of Te Pou Taiao
Membership
1 Appointment of members to Te Pou Taiao
(1)
Te Pou Taiao must consist of 4 members appointed by the Minister.
(2)
The Minister must appoint—
(a)
2 members nominated by the trustees; and
(b)
2 members nominated by the Director-General.
(3)
The nominators under subclause (2) must—
(a)
consult each other about potential nominees before nominating a person to the Minister; and
(b)
give reasonable consideration to the other nominator’s views on potential appointees; and
(c)
notify the other nominator, in writing, of each nomination made to the Minister.
(4)
The Director-General must notify the appointment of each member by notice in the Gazette.
(5)
The notice of appointment must specify each member’s term of office.
(6)
A member takes office for a term of 5 years from the date specified in the notice of appointment and may be reappointed.
(7)
The trustees must appoint one of the members to be the chairperson.
(8)
The committee may start to perform its functions only after—
(a)
the appointments are made in accordance with this section; and
(b)
the chairperson is appointed.
2 Vacancies on Te Pou Taiao
(1)
Te Pou Taiao must, as soon as is reasonably practicable, notify the trustees and the Director-General if a member of Te Pou Taiao vacates their office for any reason.
(2)
The person who nominated the vacating member must nominate another person to be appointed by the Minister as a member of Te Pou Taiao.
(3)
The new member of the committee holds office for the remainder of the vacating member’s term of office.
(4)
Clause 1(4) and (5) applies to a person appointed under this clause.
Procedures and meetings
3 Quorum at meetings of Te Pou Taiao
Te Pou Taiao must conduct its meetings with the following quorum of members present, one of whom must be the chairperson:
(a)
1 member nominated by the trustees; and
(b)
1 member nominated by the Director-General.
4 Procedure and meetings of Te Pou Taiao
(1)
Except as otherwise provided in this clause and clause 5, Te Pou Taiao may regulate its own procedure.
(2)
In regulating its procedures, Te Pou Taiao must take into account Ngāti Hāua tikanga, including Te Pou Tikanga.
(3)
Te Pou Taiao must make decisions only with the agreement of all of the members who are present and who vote at a meeting.
(4)
Te Pou Taiao must hold its first meeting no later than 18 months after the settlement date.
(5)
Te Pou Taiao must meet as required to perform its functions, but no less than twice a year unless Te Pou Taiao agrees otherwise.
5 Substitutes at meetings
(1)
A member of Te Pou Taiao may nominate another person (a substitute) to attend a meeting of Te Pou Taiao in that member’s place.
(2)
However, the nominating member must (before the relevant meeting) give written notice of the nomination of a substitute to all other members of Te Pou Taiao.
(3)
A substitute contributes to the quorum of a meeting, and may vote, as if they were the nominating member.
Funding
6 Remuneration of members
(1)
Members of Te Pou Taiao are entitled to receive, out of public money appropriated by Parliament for the purpose, remuneration by way of salary, fees, or otherwise and travelling allowances or travelling expenses in accordance with the Fees and Travelling Allowances Act 1951 incurred in acting as members of Te Pou Taiao, as if Te Pou Taiao were a statutory board within the meaning of that Act.
(2)
Subclause (1) applies to members who are not members by virtue of being officers of any department of State.
7 Costs of Te Pou Taiao
The Crown must meet, out of public money appropriated by Parliament for the purpose, the reasonable administrative costs and expenses of Te Pou Taiao.
Schedule 5 Nohoanga sites
ss 194, 196
| Nohoanga site | Associated waterway | Description | Special conditions | |||
|---|---|---|---|---|---|---|
| Part Kaituna Scenic Reserve | Whanganui River | Taranaki Land District—Ruapehu District 2 hectares, approximately, being Part Section 43 Block III Piopiotea West Survey District. Subject to survey. As shown on deed plan OMCR-006-115. | ||||
| Part Kapuha Scenic Reserve | Ōhura River | Taranaki Land District—Ruapehu District 1.9 hectares, approximately, being Part Section 47 Block III Ohura Survey District. Subject to survey. As shown on deed plan OMCR-006-116. | No domestic animals. | |||
| Part Manaia Road Conservation Area | Whanganui River | Taranaki Land District—Ruapehu District 1 hectare, approximately, being Part Section 18 Block II Piopiotea West Survey District. Subject to survey. As shown on deed plan OMCR-006-117. | No domestic animals. | |||
| Part No. 7 Scenic Reserve | Whanganui River | Wellington Land District—Ruapehu District 1 hectare, approximately, being Part Section 15 Block IV Hunua Survey District. Subject to survey. As shown on deed plan OMCR-006-118. | No domestic animals. | |||
| Part Ohinetonga Scenic Reserve | Whakapapa River | Wellington Land District—Ruapehu District 1 hectare, approximately, being Part Sections 57 and 72 Block X Hunua Survey District. Subject to survey. As shown on deed plan OMCR-006-119. | No domestic animals. Department of Conservation and community revegetation (existing and future) may not be removed for, or damaged by, nohoanga activities. | |||
| Part Tangarakau Stream Conservation Area | Tāngarākau River | Taranaki Land District—Stratford District 1 hectare, approximately, being Part Section 4 Block III Pouatu Survey District. Subject to survey. As shown on deed plan OMCR-006-120. | ||||
| Part Tongariro Conservation Area (Ohinetonga Bridge) | Whakapapa River | Wellington Land District—Ruapehu District 1 hectare, approximately, being Part Section 4 SO 455316. Subject to survey. As shown on deed plan OMCR-006-121. | ||||
| Part Tongariro Conservation Area (Panepane) | Whakapapaiti Stream | Wellington Land District—Ruapehu District 1 hectare, approximately, being Part Section 4 SO 455316. Subject to survey. As shown on deed plan OMCR-006-122. | ||||
| Part Waiaraia Scenic Reserve | Heao Stream | Taranaki Land District—Ruapehu District 1.7 hectares, approximately, being Part Section 1 Block XII Waro Survey District. Subject to survey. As shown on deed plan OMCR-006-123 | ||||
| Part Waitaanga Conservation Area (Rerepahupahu Falls) | Waitaanga Stream (Rerepahupahu Falls) | Taranaki Land District—Ruapehu District 1.3 hectares, approximately, being Part Crown Land Block XI, XII, XV, and XVI Waro Survey District. Subject to survey. As shown on deed plan OMCR-006-124. |
Schedule 6 Notices in relation to RFR land
ss 238, 264, 270(3)
1 Requirements for giving notice
A notice by or to an RFR landowner or the trustees of an offer trust or a recipient trust under subpart 2 of Part 4 must be—
(a)
in writing and signed by—
(i)
the person giving it; or
(ii)
at least 2 of the trustees, for a notice given by the trustees of that trust; and
(b)
addressed to the recipient at the street address, postal address, fax number, or electronic address,—
(i)
for a notice to the trustees of that trust, specified for those trustees in accordance with Te Pua o Te Riri Kore, or in a later notice given by those trustees to the RFR landowner, or identified by the RFR landowner as the current address, fax number, or electronic address of those trustees; or
(ii)
for a notice to an RFR landowner, specified by the RFR landowner in an offer made under section 243, or in a later notice given to the trustees of an offer trust, or identified by those trustees as the current address, fax number, or electronic address of the RFR landowner; and
(c)
for a notice given under section 260 or 262, 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.
Schedule 7 Notices in relation to RSR land
s 281
1 Requirements for giving notice
A notice by or to an RSR landowner or the trustees under subpart 3 of Part 4 must be—
(a)
in writing and signed by—
(i)
the person giving it; or
(ii)
at least 2 of the trustees, for a notice given by the trustees; and
(b)
addressed to the recipient at the street address, postal address, fax number, or electronic address,—
(i)
for a notice to the trustees, specified for the trustees in accordance with Te Pua o Te Riri Kore, or in a later notice given by the trustees to the RSR landowner, or identified by the RSR landowner as the current address, fax number, or electronic address of the trustees; or
(ii)
for a notice to an RSR landowner, specified by the RSR landowner in an offer made under section 273, 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 RSR landowner; and
(c)
for a notice given under section 279 or 280, 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.