Hon Christopher Finlayson
Government Bill
146—3B
As reported from the committee of the whole House
Bill note
Key
1 Title
2 Commencement
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Part 5Te Urewera
Subpart 1—Background, purpose, 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 6Governance 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 management 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
167A Relationship with Fish and Game Council
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 7Te 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 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 5Land descriptions
Schedule 6Further provisions relating to Board
Schedule 7Further provisions relating to authorisations and administrative matters
Schedule 8Further provisions relating to compliance and enforcement
Schedule 9Consequential amendments to other Acts
Legislative history
The Parliament of New Zealand enacts as follows: