Te Urewera–Tūhoe Bill

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Hon Christopher Finlayson

Te Urewera–Tūhoe Bill

Government Bill



Explanatory note

1 Title

2 Commencement

Part 1
Preliminary matters, acknowledgements and apology, and settlement of historical claims

Preliminary matters

3 Purpose

4 Provisions to take effect on settlement date

5 Parts 1 to 4 bind the Crown

6 Outline

Summary of historical account, acknowledgements, and apology

7 Summary of historical account, acknowledgements, and apology

8 Summary of historical account

9 Acknowledgements

10 Apology

Interpretation provisions

11 Interpretation of Act generally

12 Interpretation

13 Meaning of Tūhoe in Parts 1 to 4

14 Meaning of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

15 Settlement of historical claims final

Amendment to Treaty of Waitangi Act 1975

16 Amendment to Treaty of Waitangi Act 1975

Resumptive memorials no longer to apply

17 Certain enactments do not apply

18 Resumptive memorials to be cancelled

Miscellaneous matters

19 Rule against perpetuities does not apply

20 Access to deed of settlement

Part 2
Cultural redress

21 The Crown not prevented from providing other similar redress

Subpart 1Vesting of cultural redress properties

22 Interpretation

CNI forests properties vested in fee simple

23 CNI forests properties

Properties vested in fee simple

24 Onini

25 Waikokopu

Property vested in fee simple to be administered as reserve

26 Te Tii

General provisions applying to vesting of cultural redress properties

27 Properties vest subject to or together with interests

28 Registration of ownership

29 Application of Part 4A of Conservation Act 1987

30 Matters to be recorded on computer freehold register

31 Application of other enactments

Further provisions applying to Te Tii

32 Application of other enactments

33 Subsequent transfer of Te Tii

34 Transfer of reserve land to new administering body

35 Transfer of reserve land to trustees of existing administering body if trustees change

36 Reserve land not to be mortgaged

Further provisions relating to CNI forests properties

37 Removal of Crown forestry licence memorial

38 Removal of public access and easement notations

Subpart 2Protocols

39 Interpretation

General provisions applying to protocols

40 Issuing, amending, and cancelling protocols

41 Protocols subject to rights, functions, and duties

42 Enforcement of protocols

Primary industries

43 Primary industries protocol

Taonga tūturu

44 Taonga tūturu protocol

Subpart 3Fisheries advisory committee

45 Fisheries advisory committee

Subpart 4Official geographic names

46 Interpretation

47 Official geographic names

48 Publication of official geographic names

49 Subsequent alteration of official geographic names

Subpart 5Rangitāiki River Forum

50 Membership of Tūhoe on Rangitāiki River Forum

Part 3
Commercial redress

51 Interpretation

Subpart 1Transfer of deferred selection properties

52 The Crown may transfer deferred selection properties

53 Computer freehold registers for deferred selection properties

54 Authorised person may grant covenant for later creation of computer freehold register

55 Application of other enactments

56 Transfer of properties subject to lease

57 Requirements if lease terminates or expires

Subpart 2Right of first refusal over RFR land


58 Interpretation

59 Meaning of RFR land

Restrictions on disposal of RFR land

60 Restrictions on disposal of RFR land

Trustees’ right of first refusal

61 Requirements for offer

62 Expiry date of offer

63 Withdrawal of offer

64 Acceptance of offer

65 Formation of contract

Disposals to others but land remains RFR land

66 Disposal to the Crown or Crown bodies

67 Disposal of existing public works to local authorities

68 Disposal of reserves to administering bodies

Disposals to others where land may cease to be RFR land

69 Disposal in accordance with obligations under enactment or rule of law

70 Disposal in accordance with legal or equitable obligations

71 Disposal by the Crown under certain legislation

72 Disposal of land held for public works

73 Disposal for reserve or conservation purposes

74 Disposal for charitable purposes

75 Disposal to tenants

Disposals where land ceases to be RFR land

76 Disposal to Te Urewera

RFR landowner obligations

77 RFR landowner’s obligations subject to other matters

Notices about RFR land

78 Notice to LINZ of RFR land with computer register after settlement date

79 Notice to trustees of disposal of RFR land to others

80 Notice to LINZ of land ceasing to be RFR land

81 Notice requirements

Right of first refusal recorded on computer registers

82 Right of first refusal to be recorded on computer registers for RFR land

83 Removal of notifications when land to be transferred or vested

84 Removal of notifications when RFR period ends

General provisions applying to right of first refusal

85 Waiver and variation

86 Disposal of Crown bodies not affected

87 Assignment of rights and obligations under this subpart

Part 4
Transitional matters, repeal, and revocations

88 Interpretation

Board and certain charitable trusts dissolved and assets transferred

89 Dissolution of Tuhoe-Waikaremoana Maori Trust Board

90 Vesting of charitable assets and liabilities

91 Vesting of certain other assets and liabilities

92 Certain charitable trusts removed from register of charitable entities

93 Tūhoe Fisheries Charitable Trust Board removed from register

Provisions relating to Maori Fisheries Act 2004 matters

94 Recognition of mandated iwi organisation and asset holding company

95 Exemption for certain voting processes

96 Functions of Te Ohu Kai Moana Trustee Limited

Other transitional matters

97 Final report of Trust Board

98 Matters not affected by transfer

99 Books and documents to remain evidence

100 Registers

101 Interpretation

102 Liability of employees and agents

103 Transfer of employees

104 Protection of terms and conditions of employment

105 Continuity of employment

106 No compensation for technical redundancy

Amendments to other enactments

107 Amendment to Maori Trust Boards Act 1955

108 Amendments to Maori Trust Boards Regulations 1985

109 Consequential amendments

Part 5
Te Urewera

Subpart 1Background, purposes, and principles

110 Background to Parts 5 to 7

111 Purpose of Parts 5 to 7

112 Principles for implementing Parts 5 to 7

Subpart 2Interpretation and other matters

113 Interpretation generally

114 Interpretation

115 Provisions to take effect on settlement date

116 Parts 5 to 7 bind the Crown

117 Outline

Subpart 3Legal identity of Te Urewera and vesting of Te Urewera land

Legal entity

118 Te Urewera declared to be legal entity

Te Urewera establishment land vested in Te Urewera

119 Vesting of Te Urewera establishment land

120 Te Urewera land inalienable

Amendment of other enactments

121 National Parks Act 1980 amended

122 Public Finance Act 1989 amended

Part 6
Governance and management of Te Urewera

Subpart 1Te Urewera Board

Board established

123 Board established

Purposes, functions, and powers of Board

124 Purposes of Board

125 Functions of Board

126 General powers of Board

127 Decision making affecting relationship of iwi and hapū with Te Urewera

Membership of Board

128 Appointment of members of Board

129 Disqualification

130 Declaration required as condition of appointment

Chair and deputy chair of Board

131 Chair

132 Deputy chair

Terms for Board and members

133 First and subsequent terms of Board

134 Term for which members appointed


135 Removal of member

136 Vacancies


137 Liability of members

Decision making

138 Obligations of members of Board in decision making

139 Role of chair in decision making

140 Unanimous decisions

141 Consensus decisions

142 Mediation

143 Decision by voting

144 Decisions by committee

Financial provisions

145 Budget of Board

146 Revenue


147 Tax treatment of Te Urewera and Board

Application of other Acts

148 Other statutory powers not affected

149 Application of certain Acts

150 Application of Resource Management Act 1991

Subpart 2Te Urewera management plan

Preparation, approval, purpose, and scope of plan

151 Obligation on Board to prepare and approve management plan for Te Urewera

152 Purpose of Te Urewera managment plan

153 Contents of Te Urewera management plan

154 Relationship between management plan and conservation planning documents

Review of management plan

155 Review and amendment of management plan


156 Transitional provision

Subpart 3Operational management of Te Urewera

157 Responsibilities of chief executive and Director-General

158 Board's statement of priorities

159 Powers and obligations

160 Annual operational plan

161 Kaimahi

Subpart 4Authorisation of certain activities in Te Urewera

162 Categories of activity

163 Activities for which no authorisation required

164 Requirements applying to authorisations

Activity permits

165 Activities requiring activity permit

166 Process for determining applications for activity permits

167 Application of Wildlife Act 1953


168 Activities requiring concessions

Authorisation for biological control

169 Introduction of biological control organisms

170 Crown Minerals Act 1991

Subpart 5Review of governance and management of Te Urewera

171 Independent review to be undertaken

172 Appointment of reviewer or review panel

173 Obligations of reviewer

174 Response on review report

175 Costs

Subpart 6Bylaws, compliance and enforcement, offences, penalties, and other matters


176 Board may make bylaws

Compliance and enforcement

177 Compliance and enforcement policy and training

178 Warranting

179 Powers of warranted officers

180 Constables

181 Warrants under other legislation


182 Offences in Te Urewera

183 Offences against warranted officers


184 Penalties for specified offences

185 Penalties not otherwise prescribed

186 Penalties for offences committed for commercial gain


187 Proceedings in respect of offences

188 Limitation period for filing charging document

189 Presumptions relating to offences

Control of dogs in Te Urewera

190 Control of dogs

191 Dog control permits

192 Offences in relation to dogs

Fines payable to Board

193 Board to receive fines

Part 7
Te Urewera land and related matters


194 Interpretation

Subpart 1Provisions for registration and other matters relating to Te Urewera land

195 Registration of Te Urewera establishment land in Te Urewera

196 Resumptive memorials to be cancelled

197 Interests of registered proprietors of adjacent land not affected

198 Existing interests to continue

199 Application of other enactments

Official geographic names

200 Official geographic names discontinued


201 Ownership of improvements


202 Certain liabilities excluded

203 Costs of meeting any liability

Easements required

204 Easement over former Kainaha historic reserve

205 Waikaremoana easements

Subpart 2Land added to, or removed from, Te Urewera or interests acquired

206 Land added to Te Urewera

207 Criteria for adding land

208 Other interests may be acquired

209 Relevant considerations for determining whether land may be added or interests acquired

Addition of private land

210 Proposal to add private land to Te Urewera

211 Minister's obligations

Addition of public conservation land

212 Board's obligations

213 Minister's obligations

Registration of land added to Te Urewera

214 Registration of land added to Te Urewera

Unformed roads

215 Stopping certain unformed roads adjoining Te Urewera land

216 Registration of land added to Te Urewera if road stopped

Removal of land from Te Urewera

217 Circumstances when land may be removed from Te Urewera

218 Registration after land removed from Te Urewera

Subpart 3Powers to establish special areas and to enter into covenants

Establishment of special areas within Te Urewera

219 Recommendation to establish special areas in Te Urewera

220 Criteria for recommendations to establish special areas

221 Determination of recommendation to establish special areas

222 Management of areas established under this subpart

223 Minister may propose establishing specially protected area

Specially protected areas

224 Authorisation of activities in specially protected areas

Wilderness areas

225 Restrictions on activities in wilderness areas

226 Criteria for authorising activities in wilderness areas

Amenity areas

227 Limitation on purpose and principles

Power to covenant land

228 Board may enter into covenants

229 Scope of covenants

230 Compliance and enforcement

231 Legal effect and registration of covenant

Subpart 4Provisions relating to certain parts of Te Urewera

Ruakituri Wilderness Area

232 Ruakituri Wilderness Area

Te Whāiti

233 Status of Te Whāiti changed


234 Status of Onepoto changed

Tāwhiuau Maunga and Ngāti Manawa interests in western parts of Te Urewera

235 Interpretation

236 Vesting of Tāwhiuau Maunga in name of Tangiharuru

237 Registration of Tāwhiuau Maunga in name of Tangiharuru

238 Role of trustees of Te Rūnanga o Ngāti Manawa

239 Management of Tāwhiuau area

240 Agreement between trustees of Te Rūnanga o Ngāti Manawa and Te Urewera Board

241 Application of other provisions

Interests of Ngāti Whare in certain parts of Te Urewera

242 Agreement between between trustees of Te Rūnanga o Ngāti Whare and Te Urewera Board

Interests of Ngāti Ruapani ki Waikaremoana in Waikaremoana area

243 Interests of Ngāti Ruapani ki Waikaremoana in Waikaremoana area

Subpart 5Consequential amendments to other Acts

244 Amendment to other Acts

Schedule 1
Hapū of Tūhoe

Schedule 2
Cultural redress properties

Schedule 3
Notices in relation to RFR land

Schedule 4
Consequential amendments

Schedule 5
Land descriptions

Schedule 6
Further provisions relating to Board

Schedule 7
Further provisions relating to authorisations and administrative matters

Schedule 8
Further provisions relating to compliance and enforcement

Schedule 9
Consequential amendments to other Acts

The Parliament of New Zealand enacts as follows: