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 1—Vesting 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 2—Protocols
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 3—Fisheries advisory committee
45 Fisheries advisory committee
Subpart 4—Official geographic names
46 Interpretation
47 Official geographic names
48 Publication of official geographic names
49 Subsequent alteration of official geographic names
Subpart 5—Rangitāiki River Forum
50 Membership of Tūhoe on Rangitāiki River Forum
Part 3
Commercial redress
51 Interpretation
Subpart 1—Transfer 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 2—Right of first refusal over RFR land
Interpretation
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 1—Background, 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 2—Interpretation 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 3—Legal 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 1—Te 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
Vacancies
135 Removal of member
136 Vacancies
Liability
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
Taxation
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 2—Te 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
Transitional
156 Transitional provision
Subpart 3—Operational 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 4—Authorisation 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
Concessions
168 Activities requiring concessions
Authorisation for biological control
169 Introduction of biological control organisms
170 Crown Minerals Act 1991
Subpart 5—Review 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 6—Bylaws, compliance and enforcement, offences, penalties, and other matters
Bylaws
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
Offences
182 Offences in Te Urewera
183 Offences against warranted officers
Penalties
184 Penalties for specified offences
185 Penalties not otherwise prescribed
186 Penalties for offences committed for commercial gain
Proceedings
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
Interpretation
194 Interpretation
Subpart 1—Provisions 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
Improvements
201 Ownership of improvements
Liabilities
202 Certain liabilities excluded
203 Costs of meeting any liability
Easements required
204 Easement over former Kainaha historic reserve
205 Waikaremoana easements
Subpart 2—Land 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 3—Powers 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 4—Provisions relating to certain parts of Te Urewera
Ruakituri Wilderness Area
232 Ruakituri Wilderness Area
Te Whāiti
233 Status of Te Whāiti changed
Onepoto
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 5—Consequential 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