Skip To Main Content

New Zealand Legislation: Bills

Bills are proposed Acts

Hon Christopher Finlayson

Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Bill

Government Bill

274—2

As reported from the Māori Affairs Committee

Te pūrongo a te Komiti mō ngā Take Māori

Contents

Part 1
Purpose of Act, interpretation, settlement of historical claims, and miscellaneous matters

Subpart 1—Purpose of Act

4 Act binds the Crown

Subpart 2—Interpretation

6 Interpretation of Act generally

7 Interpretation

8 Meaning of Taranaki Whānui ki Te Upoko o Te Ika

9 Meaning of historical claims

Subpart 3—Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

10 Settlement of historical claims final

Consequential amendment to Treaty of Waitangi Act 1975

11 Amendment to Treaty of Waitangi Act 1975

Protections no longer apply

12 Certain enactments do not apply

13 Removal of memorials

Subpart 4—Miscellaneous matters

14 Rule against perpetuities does not apply

Timing of actions or matters

15 Timing of actions or matters

Access to deed of settlement

16 Access to deed of settlement

Part 2
Cultural redress

Subpart 1—Protocols

General provisions

17 Authority to issue, amend, or cancel protocols

18 Protocols subject to rights, functions, and obligations

19 Enforceability of protocols

20 Limitation of rights

Noting of DOC and fisheries protocols

21 Noting of DOC protocol

22 Noting of fisheries protocol

Subpart 2—Statutory acknowledgement and deed of recognition

Statutory acknowledgement

23 Statutory acknowledgement by the Crown

24 Purposes of statutory acknowledgement

25 Relevant consent authorities to have regard to statutory acknowledgement

26 Environment Court to have regard to statutory acknowledgement

27 Historic Places Trust and Environment Court to have regard to statutory acknowledgement

28 Recording statutory acknowledgement on statutory plans

29 Distribution of resource consent applications to trustees

30 Use of statutory acknowledgement

31 Application of statutory acknowledgement to river, stream, or harbour

Deed of recognition

32 Authorisation to enter into and amend deed of recognition

General provisions

33 Exercise of powers and performance of duties and functions

34 Rights not affected

35 Limitation of rights

Consequential amendment to Resource Management Act 1991

36 Amendment to Resource Management Act 1991

Subpart 3—The Crown not prevented from providing other similar redress

37 The Crown not prevented from providing other similar redress

Subpart 4—Vesting of cultural redress properties

38 Interpretation

Sites vest in fee simple

39 1 Thorndon Quay

40 81–87 Thorndon Quay

41 Waiwhetu Road site

42 Former Wainuiomata College site

43 Former Wainuiomata Intermediate School site

44 Former Waiwhetu School site

45 Pipitea Marae site

45A Subsequent vesting of Pipitea Marae site in jointly established trust

Sites vest in fee simple to be administered as Maori reservations

46 Dendroglyph site

Sites vest in fee simple subject to conservation covenant

48 Bed of Lake Kohangatera and Lake Kohangatera esplanade land

49 Bed of Lake Kohangapiripiri and Lake Kohangapiripiri esplanade land

50 Lake Kohangatera and Lake Kohangapiripiri Scientific Reserve

51 Lawful access or use, and recreational activities, in relation to lakes

52 Existing structures in or on lakebeds and esplanade land

53 Determination of matters relating to existing structures

54 Liability for existing structures

55 New structures require consent

56 Authorisations not affected

Sites vest in fee simple to be administered as scenic, recreation, or local purpose reserves

57 Wi Tako Scenic Reserve

58 Point Dorset Recreation Reserve

59 Korokoro Gateway site

Harbour Islands reserves vest in fee simple to be administered as scientific or historic reserves

60 Makaro Scientific Reserve

61 Mokopuna Scientific Reserve

62 Matiu Scientific Reserve

63 Matiu Historic Reserve

Application of Reserves Act 1977 to Harbour Islands reserves

64 Harbour Islands Kaitiaki Board to be administering body

65 Functions, obligations, and powers of Minister

66 Functions, obligations, and powers of Director-General

67 Modified application of certain provisions of Reserves Act 1977 in relation to Harbour Islands reserves

68 Certain provisions of Reserves Act 1977 do not apply in relation to Harbour Islands reserves

69 Advice on conservation and other matters

70 Appointment of Harbour Islands Kaitiaki Board and other provisions that apply

Subpart 5—General provisions relating to vesting of cultural redress properties

71 Properties vest subject to, or together with, encumbrances

72 Registration of ownership

73 Application of Part 4A of Conservation Act 1987

74 Recording application of Part 4A of Conservation Act 1987 and sections of this Act

75 Application of other enactments

76 Application of certain payments

Provisions relating to reserve sites

77 Subsequent transfer of reserve land

78 Revocation of reservation of reserve site

79 Trustees must not mortgage reserves

80 Saving of bylaws, etc, in relation to reserve sites

81 Consequential repeal of enactments

Subpart 6—Place names

82 Interpretation

83 New place names

84 Publication of notice of new place names

85 Alteration of new place names

86 When new place name takes effect

Part 3
Commercial redress

Subpart 1—Transfer of deferred selection properties

87 The Crown may transfer properties

88 Registrar-General to create computer freehold register

89 Application of other enactments

Subpart 2—Trustees' right of first refusal in relation to RFR land

90 Interpretation

91 Meaning of RFR land

Restrictions on disposal of RFR land

92 Restrictions on disposal of RFR land

Trustees’ right of first refusal

93 Requirements for offer

94 Expiry date of offer

95 Withdrawal of offer

96 Acceptance of offer

97 Formation of contract

Disposals to others

98 Disposals to the Crown or Crown bodies

99 Disposals in accordance with enactment or rule of law

100 Disposals in accordance with legal or equitable obligation

101 Disposals by the Crown under certain legislation

102 Disposals of land held for public works

103 Disposals of existing public works

104 Disposals for reserve or conservation purposes

105 Disposals for charitable purposes

106 Disposals to tenants

107 Disposals by Housing New Zealand Corporation

108 Disposals by Capital and Coast District Health Board

109 RFR landowner’s obligations under this subpart

109A Notice of RFR land with computer register after settlement date

110 Notice to trustees of disposals of RFR land to others

111 Notice of land ceasing to be RFR land

112 Notice requirements

Memorials for RFR land

113 Recording memorials on computer registers for RFR land

114 Removal of memorials when land to be transferred or vested

115 Removal of memorials when RFR period ends

General provisions

116 Time limits must be strictly complied with

117 Waiver and variation

118 Disposal of Crown bodies not affected

Schedule 1
Statutory areas

Schedule 2
Cultural redress properties

Schedule 3
Provisions applying to Harbour Islands Kaitiaki Board

Schedule 4
Notices in relation to RFR land

Legislative history

The Parliament of New Zealand enacts as follows: