Tūhoe Claims Settlement Bill

  • enacted

Hon Christopher Finlayson

Tūhoe Claims Settlement Bill

Government Bill


As reported from the committee of the whole House


Bill 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


Schedule 1
Hapū of Tūhoe

Schedule 2
Cultural redress properties

Schedule 2
Cultural redress properties

Schedule 3
Notices in relation to RFR land

Schedule 4
Consequential amendments


Legislative history

The Parliament of New Zealand enacts as follows: