ngaruahine and the trustees of te korowai o ngaruahine trust and the crown · 2020. 6. 2. · 2.2:...

NGARUAHINE

and

THE TRUSTEES OF TE KOROWAI O NGARUAHINE TRUST

and

THE CROWN

DEED OF SETTLEMENT:

ATTACHMENTS

I

NGARUAHINE DEED OF SETTLEM ENT:ATTACHM ENTS

TABLE OF CONTENTS

1. AREA OF INTEREST AND KAITIAKI AREA (OTS-023-01 AND OTS-023-56) 4

2. DEED PLANS 7

2.1 CULTURAL REDRESS PROPERTIES 8

KAIPI STREET PROPERTY (OTS-023-62) 9

TE KOHINGA PROPERTY (OTS-023-03) 10

TE POHO O TARANAKI (OTS-023-02 AND OTS-023-02A) 11

TE NGUTU O TE MANU SITE A (OTS-023-04) 13

TE NGUTU O TE MANU SITE B (OTS-023-63) 14

WAIPAKARI PROPERTY (OTS-023-05) 15

2.2 TE WHARIKI O NGARUAHINE SITES AND STATUTORY AREAS 16

KAPUNI STREAM-OHAWE MARGINAL STRIP (OTS-023-06) 17

KAUPOKUNI-A-TURI (BEING KAUPOKONUI RECREATION RESERVE) (OTS- 023-08) 18

KAUPOKONUI-MANAIA MARGINAL STRIP (OTS-023-07) 19

OEO-KAUPOKONUI MARGINAL STRIP (OTS-023-09) 20

OHAW E-HAW ERA MARGINAL STRIP (OTS-023-10) 21

W AINGONGORO RIVER NO 4 MARGINAL STRIP (OTS-023-11) 22

2.3 STATUTORY AREAS 23

AW ATUNA STREAM AND ITS TRIBUTARIES (OTS-023-18) 24

INAHA STREAM AND ITS TRIBUTARIES (OTS-023-35) 25

KAHOURI STREAM AND ITS TRIBUTARIES (OTS-023-36) 26

KAPUNI STREAM AND ITS TRIBUTARIES (OTS-023-37) 27

KAPUNI STREAM-OHAWE MARGINAL STRIP (OTS-023-06) 28

KAUPOKONUI-A-TURI (BEING KAUPOKONUI RECREATION RESERVE) (OTS- 023-08) 29

KAUPOKONUI-MANAIA MARGINAL STRIP (OTS-023-07) 30


KAUPOKONUI STREAM AND ITS TRIBUTARIES (OTS-023-19) 31

KAUPOKONUI STREAM MARGINAL STRIP (OTS-023-12) 32

KONINI STREAM AND ITS TRIBUTARIES (OTS-023-38) 33

MANGANUI RIVER AND ITS TRIBUTARIES (OTS-023-20) 34

MANGARANGI STREAM AND ITS TRIBUTARIES (OTS-023-39) 35

MANGATAWA STREAM AND ITS TRIBUTARIES (OTS-023-21) 36

MANGATOKI STREAM AND ITS TRIBUTARIES (OTS-023-40) 37

MANGATOROMIRO STREAM AND ITS TRIBUTARIES (OTS-023-41) 38

MANGAWHERO STREAM AND ITS TRIBUTARIES (OTS-023-22) 39

MANGAWHERO STREAM MARGINAL STRIP (OTS-023-13) 40

MOTUMATE STREAM AND ITS TRIBUTARIES (OTS-023-42) 41

NGARUAHINE COASTAL MARINE AREA (OTS-023-56) 42

OEO-KAUPOKONUI MARGINAL STRIP (OTS-023-09) 43

OEO STREAM AND ITS TRIBUTARIES (OTS-023-23) 44

OHAWE-HAWERA MARGINAL STRIP (OTS-023-10) 45

OMITI STREAM AND ITS TRIBUTARIES (OTS-023-24) 46

OPUHI STREAM AND ITS TRIBUTARIES (OTS-023-43) 47

OTAKEHO STREAM AND ITS TRIBUTARIES (OTS-023-25) 48

OURI STREAM AND ITS TRIBUTARIES (OTS-023-26) 49

OURI STREAM MARGINAL STRIP (OTS-023-14) 50

PAETAHI STREAM AND ITS TRIBUTARIES (OTS-023-27) 51

PATEA RIVER AND ITS TRIBUTARIES (OTS-023-28) 52

PIAKAU STREAM AND ITS TRIBUTARIES (OTS-023-44) 53

PUNEHU STREAM AND ITS TRIBUTARIES (OTS-023-29) 54

RAOA STREAM AND ITS TRIBUTARIES (BEING RAWA STREAM AND ITS TRIBUTARIES) (OTS-023-30) 55

TAIKATU STREAM AND ITS TRIBUTARIES (OTS-023-31) 56

TAUNGATARA STREAM AND ITS TRIBUTARIES (OTS-023-32) 57

NGARUAHINE DEED OF SETTLEM ENT:A TTACHM ENTS

TAWHITI STREAM AND ITS TRIBUTARIES (OTS-023-45) 58

TE POPO STREAM AND ITS TRIBUTARIES (OTS-023-46) 59

TUIKONGA STREAM AND ITS TRIBUTARIES (OTS-023-47) 60

W AHAMOKO STREAM AND ITS TRIBUTARIES (OTS-023-48) 61

WAIHI STREAM (HAWERA) AND ITS TRIBUTARIES (OTS-023-49) 62

WAIHI STREAM (OEO) AND ITS TRIBUTARIES (OTS-023-50) 63

WAIKARETU STREAM AND ITS TRIBUTARIES (OTS-023-51) 64

WAIMATE STREAM AND ITS TRIBUTARIES (OTS-023-52) 65

W AINGONGORO RIVER AND ITS TRIBUTARIES (OTS-023-33) 66




W AINGONGORO STREAM MARGINAL STRIP (OTS-023-17) 70

W AIOKURA STREAM AND ITS TRIBUTARIES (OTS-023-53) 71

WAIPAEPAEITI STREAM AND ITS TRIBUTARIES (OTS-023-54) 72

W AIPAEPAENUI STREAM AND ITS TRIBUTARIES (OTS-023-34) 73

W AIPUKU STREAM AND ITS TRIBUTARIES (OTS-023-55) 74

3. EXCLUSIVE RFR AREA (OTS-023-57) 75

4. SHARED RFR AREA (OTS-023-58) 77

5. DRAFT SETTLEMENT BILL 79

NGARUAHINE DEED OF SETTLEM ENT:ATTACH M ENTS

1. AREA OF INTEREST AND KAITIAKI AREA (OTS-023-01 and OTS-023-56)


1: AREA OF INTEREST AND KAITIAKI AREA

Tris map is f a Ttesty Segment puf?oi« nrfy | HpiruahiDe and the Groan dKtocrAtedge thal I nJSs* rai nay »'aa haw fita/aaa h tns aaa.

scat-6 Ccm ClfirV1 Fviesfd

Ta/ariaiJ Lar4 OsHot TaniX* -sr AjI 'critj' Hew Pfymofr, Scu'b Ta rsk i & St«dfr/d 0 ‘stids

OTS-023-01

Ngaruahine Area of Interest

Areas referred to in the deed of settlement between Ngaruahine and the Crown

tofcotFoaw

72.7J'*Ui m i ciUnthst of the Ctcan

K s u p o k o n o>

Wfling00- 010


1: AREA OF INTEREST AND KAITIAKI AREA

Tcranafs L&ftf frsVlfil Territorial Aultorny. Squ?h Ta'anaXi CXstrtet

C * r p S »«3Tnrt*B>j£r« er r>:~r« ?'y

Ofl£»Of IffcJlfStltUfTK-rtl

OTS-023-56

Ngaruahine Coastal Marine Area

Areas referred to In the deed of settlement between Nglruahlne and the Crown

i»jljtajr>:a-ies:

ter Hg&ruahne

r & M . - Wfar H-d


2. DEED PLANS


2.1 CULTURAL REDRESS PROPERTIES


2.1: CULTURAL REDRESS PROPERTIES

KAIPI STREET PROPERTY (OTS-023-62)

Section 1 SO 12596

Potential Purchase

0.6074 hectares, m ore o r lass, being Section 1 S 0 12596. A lt com pute! freehold register TNH27103S.

fpcnrcTai* zze!i C Drvn fWkfttU

Taranaki land Dkstrcl Ts-rriiorisl Authority: South Taranaki District

C:rr;-2ad i t t fCpajHfrBtcoKaipi Street property

IX Ngalma'ire

Areas referred to in the deed of settlement between NgSruahine and the Crown "h r anJ on W -o f of tto C’oat-



TE KOHINGA PROPERTY (OTS-023-03)

O fr-r^ T !*.Stttoranti

Vest Fee Simple as Historic Reserve

A re a A ’0 .2 hectares, approxim ately, being

C ro w n Land . S u b ject to survey.

A re a S:

0 ,0 5 0 hectares , approxim ate ly , being C ro w n Land (S 0 10627).

A re a C:0 ,2 4 0 hectares , ap proxim ately, being

L o t 13 OP 12681,

/p>'Ltnjk i t ia CCrae feKfteJ

TaranaV.i Larri District Tentorta* Authority: South Taranari District

CoT^sdzs jgn#ii;rij*«£i$&n. aawJaka (»* trfcAr,^ criy.

iteOfl&rfM

Te Koh’mga property

Areas referred to in the deed of settlement between Ngaruahine and the Crown L-.- AjIhto/and Oft totall d (he Conn

2 .1 : CULTURAL REDRESS PROPERTIES

TE POHO O TARANAKI (OTS-023-02 and OTS-023-02A)

NGARUAHINE DEED OF SETTLEM ENT:_________________________________________________ ATTACHM ENTS_____________

Part Section 6 Block VII KaupokpnuiSD .

Vest Fee Simple

"jk ■

tOOd Me i«s

type«kuteS'3k S Otaf. CUfi&l ?4«rt5l

Taranaki Lard Dfetnct Territorial Authority: Stratford Bisbtet

Cartp j*a a aBnnkriw eri irJwIVs vty

X I

0.&233 hectares, approximately, being Part Section 6 Block VII Kaupokonui Survey D is tr ic t Part com puter freehold register TNH 2M 62. Subject to survey.

Te Poho o Taranaki

Areas referred to in the deed of settlement betweenNgaruahine and the Crown

OTS-023-02B B M KBAfprctci as b ba-tlds/ib

zg7/yfar a-il firt t^ ia f i t V* QWM)



c* TieU/

A /m A:0.8233 hectares, approxim ately, being P art Section 6 B lock VII Kaupokonul S urvey D islricL Part com puter freehold reg ister TN H 2/862. Subject to survey.

A re a B :0 .8233 hectares, m ore o r less, being Lot 1 DP 5292.

Vdtrts

Taranaki Lard District Tefrtorial Authority: Str&foni District

C-sr l̂*d w a rtfrowr&Uri&y\}*lias i/d hS& ftfi a t i

Te Poho o Taranaki Exchange Areaste RjjlrusOiii

Areas referred to in the deed of settlement between Ngaruahine and the Crown te a il cn teftst d Ihe frown



TE NGUTU O TE MANU SITE A (OTS-023-04)

4.0 hectares, approximately, baing Part Section 40 Block XVI Kaupokonui Survey D is tric t Part com puter freehold register TNK4tf10. Subject to survey.

OTS-023-04rr̂ rt I lleitr.M

as to

v*u!vwTaranaki la id Dshlst

Terrltort# A'Jltxiriry; South Taranaki D'sTict TeNgutuote ManusiteA

after c l Iim Ij SrllUmmii Areas referred to In the deed of settlement between

Ngaruahine and the Crown TX&cen z&ywftp S d Cfl tth-J* cr t 'c Crown


*■

♦ i L ' *; • » .* , f ,. ~r— ■* i 1



TE NGUTU O TE MANU SITE B (OTS-023-63)

Potential purchase

HiTHfra

16.1 hectares, approxim ately, being P art Section 40 B lock XVI K aupokonu i S urvey District. Part c o m p u ter freehold register TNK4J210. Sub]ect to survey.

I Metres

AjeraaniJi sa 'e i i •>*='. Q jtf& : ftatfvsj

W to toinSaries:Taranaki Laid Dsfrlct Territory AuitxirHy: Souifi Taranaftl Ds&icl

Oyrc Jsl 33 3 j i fT h rrwess-'Ait: r. fcindrcs we hirai.ie crf,\ tv H^ftnwhrc

Areas referred to in the deed of settlement between NgSruahlne and the Crown tor and or- ttiitii f i f tte G tfM l



WAIPAKARI PROPERTY (OTS-023-05)


Hawer§V'fVT\

1.4544 hectares . m ore o r less , beingS ections 3 1 7 ,3 1 8 ,3 1 9 and 3 20Tow n o f Q h aw e. A ll G a ze tte N o tice W 8826.

Tafan-akl Land District Tarntorial Au'hcrity: -South Taranaki District

Cc=7f 1H H a tj-xttk lili'HkifAltifi KtT>i?r« Jrt irtioifk* triy

Waipakari property

Areas referred to In the deed of settlement between Ngaruahine and the Crown fcr a r»l cr- N fraT i& U * C-*wn

\15


2.2 TE WHARIKI 0 NGARUAHINE SITES AND STATUTORY AREAS


2.2: TE WHARIKI O NGARUAHINE SITES AND STATUTORY AREAS

KAPUNI STREAM-OHAWE MARGINAL STRIP (OTS-023-06)

Tareraki U nd D'stnct Tmihifctl Authority; South Taranskl District

Cxafitci L i a ij-ijti: Up’ttertatofi rWiaiija aM h Jcjtmj cny

Kapuni Stream-Ohawe Marginal Strip-u S r .lV X -

Office



KAUPOKUNI-A-TURI (BEING KAUPOKONUI RECREATION RESERVE) (OTS-023-08)



KAUPOKONUI-MANAIA MARGINAL STRIP (OTS-023-07)



OEO-KAUPOKONUI MARGINAL STRIP (OTS-023-09)

Taranaki Land DsfcW femtoral Authority; Salih Taranaki Ds^'el

C on ;H d ss aEco-rJans are b leat*? eby

Oeo-Kaupokonui Marginal Strip

Areas referred to in the deed of settlement betweenNgaruahine and the Crov/n

App W ¥ l0 i i f ho-n darter

set?



OHAWE-HAWERA MARGINAL STRIP (OTS-023-10)

Tsraiski L sr r j District Tetritodal Auftcrty. Sojlh faranaki Dlstmi

CC*m**!h'

Ohawe-Hawera Marginal Strip


AftXCkBd a * to ba u rA s is :

a -s .i

fcr and cn fete/ ul C to o i

OTS-023-10

NG ARUAHINE DEED OF SETTLEMENT:ATTACHM ENTS


WAINGONGORO RIVER NO 4 MARGINAL STRIP (OTS-023-11)

tfrrzvTrdt jrjU

Tarsnski Lard Dislrcl Terrltoflsl A lacrity: South Taranaki DisIi'cJ

lit i yifHi npflmcAlxn F u n iiitj h i itijw.-a cny.


OTS-023-11

Waingongoro River No 4 Marginal Stripkt NgjfvatirfJ

frr »f>4 cn fccfcl' of ± s C r o n


2.3 STATUTORY AREAS

NGARUAHINE DEED OF SETTLEMENT:ATTACHM ENTS

2.3: STATUTORY AREAS

AWATUNA STREAM AND ITS TRIBUTARIES (OTS-023-18)

iverlea

t&m to tsxsafevO.W

Av/atuna Stream and its tributariesVxf.£*UJtra

Areas referred to In the deed of settlement between Ngaruahine and the Crown

Q llls i of Ttisly S s lK m w ili

Statutory Acknowledgement and Deed of Recognition



INAHA STREAM AND ITS TRIBUTARIES (OTS-023-35)

Statutory Acknowledgement

Liwgarih'

ilanoatoki

Te Roli

OTS-023-35

Taa'JAf Land District Temtorifif Authority: Soulh Tararctt and

Strstfcfd DUfriClSO am )rd os * pacta

Sxr’d ara r u r d a tv * ;*V

n *̂T13S5ESS3B

Inaha Stream and its tributariesl:r NgifiZhiK

Areas referred to In the deed of settlement between Ngaruahine and the Crown Tlif JfiJ C fibctcr ol 5is Crcon

NGARUAHINE DEED OF SETTLEMENT:ATTACHM ENTS


KAHOURI STREAM AND ITS TRIBUTARIES (OTS-023-36)



KAPUNI STREAM AND ITS TRIBUTARIES (OTS-023-37)

\ KafjortgaJ;iwerlea'( j

.Ivfangayfhero; _ ^ ;

Te Roti,

OhaWii;

OTS-023-37

ja r i r iW Land D iit a t Territorial Authority. South Isranete A

Sratford Q stfgfe& a b iu i ifircarJw.

i^rim tn 'nS aH ia

Kapuni Stream and Its tributaries


[tt UQkwhn)

V .M .. X M *for ir.d cn ie ta ? of I •« Creawt




KAUPOKONUI-A-TURI (BEING KAUPOKONUI RECREATION RESERVE) (OTS-023-08)

d m m Lftr sn3 o i i x t i i f uf CfOWT

NG ARUAHINE DEED OF SETTLEM ENT:ATTACHM ENTS


KAUPOKONUI-MANAIA MARGINAL STRIP (OTS-023-07)

Overlay Classification and Statutory Acknowledgement

Ka u p o k o n u i.SOUTH

I74°05-

/ J f K A U P O K O N U I H E A D S R O A D '

2CO 4DQ SCO KJD 1,050

r/ct>«sow

P Cov-n Ccc 1*y I ’rX»y*i_____________

OTS-023-07

Taranaki Lard DWrict wntarial Authority: South Taranaki Dlstrct

£tn;?*cf e* a cpilti: i»jr


% liw garth

| Lsfcak&i

Atangawtiero

K a p in w

.Liu: ij-.n.i

>Ls TokloFa

1 .0 3 0 2.0CO 3 .0CO d.coa

OTS-023-19



KAUPOKONUI STREAM AND ITS TRIBUTARIES (OTS-023-19)

Kaupokonui Stream and Its tributaries

Areas referred to in the deed of settlement betweenNgSruahlne and the Crown

F ?Jir*er i *3 I n t : i i » i r 43

te.. EL TSjtV

t i t 1 n -31* behrf v!H* Crajr

T «M M LindtHfrfct Tertik-.tUI f t i f fK f i t f EouJi Tsar aht 6

Glnrfwd Dt-tvi?Cs-p fci as jrpte wp */■-«*»".



KAUPOKONUI STREAM MARGINAL STRIP (OTS-023-12)

TsreneW Lard Dislrfc? lenrlfcftcl Atf5fic*3y. Sojlh Taranaki Dlsl/W

COTf̂ ad « JJ'tfH: f*ptf**rT»fcrtS 3 'i ir



KONINI STREAM AND ITS TRIBUTARIES (OTS-023-38)

Taranaki Lard D&trcl Tentorial Authority; Slrnifcrd DisUfct

Con; 4x1 m a g-K te rtprmrtjhn Eastiittt ue hiatke af(.

Ctflce T«es?v5*ltl»—■llll4§y

OTS‘023-38

r: ei to baaKfcjKB.

U cfar HgflnJSShe

■ rM 'M ... m NV:f ar>i co be*iaJ c( toe Crown

Konini Stream and its tributaries



2,3: STATUTORY AREAS

MANGANUI RIVER AND ITS TRIBUTARIES (OTS-023-20)

GlftfiQ r/Tm ly Set'll WTVonli


Pembroke

f f f t r j i r v i* irafc S P-.yr. i.g.-n ‘f I f t

! ,; ----------Tsrerwfci L « ii| DtsLnri

T&niforkl Aulbcrty; S lfiCcrc DtstnsS '* -rjima rn Icn

Baf.iSTH 8» n i z 'M zrtf.

Wanganui River and its tributaries

Areas referred to In the deed of settlement between Ngaruahine and the Crown 'titiM f® ' - ' i l 'i*r m i o f hwuf ul tw Ctt«n



MANGARANGI STREAM AND ITS TRIBUTARIES (OTS-023-39)


M a n g s ' ’ ;

mbroka

Tarancfc; LartJ Gtstrte! Terrilora’ Aulhorrty: Slfalfold District Stream and Its tributaries



MANGATAWA STREAM AND ITS TRIBUTARIES (OTS-023-21)

Ts-andci Land Dislifcl TnrritoriaJ AjjIIkj'L'/. S tu lli Taranaki Dblfkd

Cnpiris- »^^rrei'i$nlS4ra;M ft33i*H3 E>i "fli-jliM Of/

Mangatawa Stream and Its tributaries

: | i

o i(fc*t/r*4 jiv Areas referred to in the deed of settlement between Ngaruahine and the Crown

fKl * l l l l Or

kc, Li btraKtafci

fef Dfrf Q U^n f d Ctrtai

4.0C4J 4 Wtirci

fe t r c W i Ktfc I Ortr. OVt'W



MANGATOKI STREAM AND ITS TRIBUTARIES (OTS-023-40)

fir KaAnehto

r j 4 . a / V

Mangatoki Stream and its tributaries

Areas referred to In the deed of settlement betweenNgaruahine and the Crown

Tdfaio«j LardDsHst 'fenitaral AUtafiSy: South ?&ah£fci R

S ^ c t t l DitfktaCes-fitd 55 t JTitTSrKmwcrjtn

& v ln t « n&storrtj



MANGATOROMIRO STREAM AND ITS TRIBUTARIES (OTS-023-41)


-LITTLE OSO , S O A P

V hakatutaau /' " - L *

Glaiton

OTS -0 23 -41

Office of Treaty

Mangatoromiro Stream and Its tributaries




MANGAWHERO STREAM AND ITS TRIBUTARIES (OTS-023-22)

-alike r f Tnefy

as Is tw irtterwj

IrvP^flS irK

as?jyfcr U li « b s fc jl 01 fw c r w n

Mangawhero Stream and its tributaries

Areas referred to In the deed of settlement betweenNgaruahlne and the Crown

TgrannVi Und DislrirtToF-loria'AuifKirfy. SetUi Tsf yssfci Dtaiifc4

.1 svanarktu-iBWP;?V? |H =iVB



MANGAWHERO STREAM MARGINAL STRIP (OTS-023-13)

TarsnsJci Lartl Distffc*T&rrib?igi Au^ionty. South TaianakiDlsIfkS

Cvrf-'c-i Vi ]Soui ±r»a a’-i i o n ̂

m

O TS -0 2 3 -13


y infer NffSraMiw

7Jd.J -for and cn b d a f d the e tc**!

Mangawhero Stream Marginal Strip




MOTUMATE STREAM AND ITS TRIBUTARIES (OTS-023-42)

| Statutory Acknowledgement

co f/iangatoki

Riverlea

/

iHjjplOiraioi;

VVaingof,(-

1.030 2.0C0 4.033

lf& rjK n X i z a la

$ ora-* i R tvu i

OTS-023-42

Tar'afiSfcRand CXstr>=4Terribrid Aulhofty. Soutn Taranaki Dtelrfct

Ckmp W s ) a jrifri c Sm k & C ! jrf •reicSl

Motumate Stream and its tributaries

gr*«» nl ir*wi|SyukinutriigV


**r—\ W jl/frtry NgSnahns

ffix M ffi. 3UJLNfcr *rd ctt S«hW Of F o Crown



NGARUAHINE COASTAL MARINE AREA (OTS-023-56)

TjrnnaW Utfrf Dstrtet Territory A u lto rfr Sautfi TaraftSKl District

OTS-0 23 -56

Ngaruahine Coastal Marine Area


fcr Kg&TBhnt:

ftr crd eftW h# Credit

tffHZfj-aa lx I:



OEO-KAUPOKONUI MARGINAL STRIP (OTS-023-09)

Taranaki Land D'sSrtctlemfcral Authority; South Taranaki DsT;ct

C:-n;feS» a rfprjrMrtitir.Bun&ries are blcstM or/.

Oeo-Kaupokonui Marginal Stripto teundaries

w-tfjflfus'tlrE

f f T l OHir-c#L j fJ ^ H | | | | | Areas referred to in the deed of settlement between

Ngaruahine and the Crown $ :£ > Mfer ar>l o-i be'af rf. the &tnwt

O TS -0 23 -09



OEO STREAM AND ITS TRIBUTARIES (OTS-023-23)

Msfcaka J y

Taiingatars r TrH n i , ' y f [A¥.-6iUR3f

! i_____Slatutory Acknowledgement and Deed of Recognition

It

/ / j m d 7 J l

Jb J / / < J, <

ra y r — *’^ fe 'P lham ym /,i T,\ ,#\ , u

7 ‘/H

f /

& / £ 1 1 v >

ft s S I S u n° r l ¥ y *. i / if y —* f f /

B \ 1 \ f *- X " / [ S 1 / I ; H a u p o k o n tn jf /

i f e r v ? ^ o t a j S l i o i ^ / / = _> j | / |\iCtr > H M " T r 'n 4 h> I I I /

l.5C



OHAWE-HAWERA MARGINAL STRIP (OTS-023-10)

TorsnsJcj Lard DfclrM Terrifcn^Auinorly'. Sojlh raraisKi Dlslffcl

Cffffvtd » J ysfh = r±r>H n

OTS-023-10VCCO

Zzj Vrircs

I? bq iritsrisa.

1 SfoNn

lc }M te jlN

^ : , x „ ^ s - n / . u vkTT^f-nNre

Ohawe-Hawera Marginal Strip




OMITI STREAM AND ITS TRIBUTARIES (OTS-023-24)

----Statutory Acknowledgement and Deed of Recognition

Omiti Stream and its tributaries


!d Scurwir

'■/a imfor ard co Sehstf of tte C w f l

Teranata' Land D 'abict Teirikria f A u h f ir if / : S fc jtn Tyana'»j and

S ta fc r c C is t i rb C arp Jed as a fEyhc .-^:re??nk^'

fo.fd>'-cs w traatre-r-y



OPUHI STREAM AND ITS TRIBUTARIES (OTS-023-43)

orvtorwcjc/S ttt 'em tm


RC A D

PA) HIM

PdKlurrLT

“ Otakcboq\w w

Olakeho

KAUPOKCk

0 6CO SCO 1.200 1,530

OTS-023-43

« 'o leuril.rea:Ts'anski Lard Distrbt Tofrltoild Aulhorty South Tcraiaki Cisfrbl

0 j* p k j as e atjb i '£cn«>- »»'U iiile iV tf

Opuhi Stream and its tributariesIre Mgsnpfoie

Areas referred to In the deed of settlement between Ngaruahine and the Crown for end cn w fe !' of i* Crc^’ t



OTAKEHO STREAM AND ITS TRIBUTARIES (OTS-023-25)

^Y a tfnga ta ra>,, { / ' RiverSeaf Awsrhma j!

angawheroji /

.aupojbruu

OTS-023-25

Ta'anate Laod Dstrfcl IdPltona A'jiJ'oriy South TaranAi District

COTf te-J a? s gnpY* iff>re=*n|a^B & rd iixs ue r>icai\5 : t i f

Otakeho Stream and its tributaries


sj t» tojfrJdis:

fcr frTj c l t‘ c Grcwt

0 1.009 zccc 3.0CO 4,C0l>-------M ---------- !-------------- 1 I I I W i l I 1

JfcrcKTirs irate£ Ct « i rtea vti




OURI STREAM AND ITS TRIBUTARIES (OTS-023-26)

Tarer»2>;i Land District TbfiibUal Auftorily. Swth Tsfanaki Distifct

a 19'ipb:Oiy.

Office o f Treaty &Ml*n>eot5

0 1,O M 2.OD0 3 0C0 4.1X0

a Crwi Ccf>?\il Heser.!v

Ouri Stream and its tributaries


itsJitoVjbOirdfrira:

fcf

m & Llet and qQbehsf ol 4ib Cto«ri


Taranaki Land D'stricl

Territory Authority: Satf h Taranaki DanielCdT£ iki 410 grof*t rt£rtr>?--i!V;n

B iU djfii UO f>l tills e srf/.

o irm cf rrLMt>Scttliroonto

K ttS flM

OTS-023-14


OURI STREAM MARGINAL STRIP (OTS-023-14)

f r e

to to on la rie s

ftr Kgftrttohho

V a * l c f B *Q r« w i


Ouri Stream Marginal Strip




PAETAHI STREAM AND ITS TRIBUTARIES (OTS-023-27)

Taranaki Land DialrcS Tariltorfet Authority; S;ralford Dislrct

Cptp ,'*atft£ «pn«ntwe--'fo jp d rn iiiinJalvtor-V.

Paetahi Stream and Its tributaries

Areas referred to in the deed of settlement betweenNgaruahine and the Crown 7cr P 'd cri-Sfitaii of Be Credit

MO t.MO 1.600 2.CC0

Afprafr&e t&/4 & O w i C o r^ .B sb t * :

* » . Û TZZI---



PATEA RIVER AND ITS TRIBUTARIES (OTS-023-28)

Tarsosfcl U rd District TeniTcrial AuShortly: Slrstfcrd D&rict

Ornfl»dix nf t u t i n s t n v ia l i , * aif.

Patea River and its tributaries




PIAKAU STREAM AND ITS TRIBUTARIES (OTS-023-44)

Taranaki Lard Qstrict

t&nlcrlal Authority; Stratford District

Can:ltd t i a p a h : rcprarbtcfieco 'Ans are n s d M cnty

Piakau Stream and Its tributaries




PUNEHU STREAM AND ITS TRIBUTARIES (OTS-023-29)

Taranaki Land Dfetfct Tern^ora! Authority; S g d li T a fd r ^ l D 'stfct

C onptel a 3 g'53'K reyrwrtafcn FcuriiiriCi ire n ia Jh e vff.

m ^ M fc s L w /iivfcf i f i j n V b iia l d Lbs Cr?Mt

Punehu Stream and its tributaries


GOT 1,00? L iO T « C 0 i.sCO

jM a m

9 vKvn Ctfrtfil iiiuad



RAOA STREAM AND ITS TRIBUTARIES (BEING RAWA STREAM AND ITS TRIBUTARIES) (OTS-023-30)

Taranasi Land D i& tc t Temporal Aultorify: Sauth TararaKl

e r?rf*T>rH5:n Eaxtiaiics ere n ia th e erf/.

Raoa Stream and its tributaries (being Rawa Stream and its tributaries)

Areas referred to in the deed of settlement between NgSruahine and the Crov/n

I X . . .

kiftffoeCfffW

OTS-023-30

Statutory Acknowledgement and Deed of Recognition [_

55



TAIKATU STREAM AND ITS TRIBUTARIES (OTS-023-31)



TAUNGATARA STREAM AND ITS TRIBUTARIES (OTS-023-32)

© \\

/ I f

— .— —̂

Statutory Acknowledgement and Deed of Recognition |

Y v .

r l a W

/ / J V f p .

/ /

/ // / J / /

t /

( I f .S fL m/ /7 T ® n g a ta ra V IA ^a tu n

,

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V

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^ ■ .............................. . . . d [i.

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/

1.CC0 2.CCC 3,000< Vfiffta

A$f#6n& iC£Jt fi &CT Ctfw^r -tor;*! ___

Ta-an^I Land D-slrfcl lenltontf Aulhoity: South TatanektCXstrtat

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* ih a m i i . . , = ~ p :

J \ f l / J / f

iS l/vTaungatara Stream and its tributaries

i n — p



TAWHITI STREAM AND ITS TRIBUTARIES (OTS-023-45)


iAraukuku Pa

ii'u titl F ri

if Norman byf e A ' f e

1.200lUebrs OTS-023-45

Oin


gitKi-cf

B if l suti.m ui.n


TE POPO STREAM AND ITS TRIBUTARIES (OTS-023-46)

Te Popo Stream and its tributaries

Areas referred to in the deed of settlement betweenNgaruahine and the Crown 045r jnd cn tdial cI I**? C?



TUIKONGA STREAM AND ITS TRIBUTARIES (OTS-023-47)

Tatgnfta ISrtd Cteirlst Tvtntaiial Authority: SI/fiL'ord Olsi/fcl

Cary l&i sa i 9 uXPb t-i T-.»l« rtf taUt l(i{

0 400 SCO 1.203 1,000 2CCOiB d iB ^ B E Z IZ Z ta M ^ Z IZ Z lj

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=*5Ai.t*+

Wi‘ '"S INft* 6ftJ «1 t^vatt Cl ttc Crown

Tuikonga Stream and its tributaries




WAHAMOKO STREAM AND ITS TRIBUTARIES (OTS-023-48)

Taranaki Lard D sl/ta Tom'larid Aulitorly South taraiekf Olatrtst

Cctp Yd as ISor.djiH T-i gcV

Wahamoko Stream and Its tributaries


to BG tnJtrw

W BL Wf a and on t te n if of tfw Cre***

^fCTTJUntlj 3-a'»C Crt*i Oopfljs f» ser



WAIHI STREAM (HAWERA) AND ITS TRIBUTARIES (OTS-023-49)


Tararaki Lard D&&W Tiff.lorial Authority; South TafflfiSfcl DfelfCt

C&afl*) *1 j t*jr*Mfi»kfi£»r*;:rw ere hdrjtkw (Wy

Waihi Stream (Hawera) and Its tributariesfjgirus’-bi

Areas referred to In the deed of settlement between Ngaruahine and the Crov/n t it m l *32fc* « \ bfchal i t tr* C-um



WAIHI STREAM (OEO) AND ITS TRIBUTARIES (OTS-023-50)


■UTTl E

PAIHINI i P.OAD

Gian.o'

174°Q0'■j A725

Tararaki Lard TarrTarial Authority: South torenaht Dtetrct

Ccm4ed M a rtfrTHriifeft Eotrdifhs are b ita 'h v cny

Waihi Stream (Oeo) and its tributaries


cstaboimkriss.

tor figSrua-i-e

h r w r i i r i beTaf i£ the g-oatv

0 3 M « o eoa see t.cco

ff f iD jT a l; scsfi0 O yp & t

OTS-0 23-50



WAIKARETU STREAM AND ITS TRIBUTARIES (OTS-023-51)

D MC 4C0 6 0 0 cOO 1.T O

ATPtMTBte fc * *D Om~ fra n s i

OTS-023-51

Tsranjki Lard Oisfrta Tenlloriai jftuihorly South Taranaki DistrM

Djrp Ms?* H prtw hte Sjy-srei i t sf-V

Waikaretu Stream and its tributaries


ffl> ha tfttnlar c;:

-frrNQirnhns

im iH x tt' agjy



WAIMATE STREAM AND ITS TRIBUTARIES (OTS-023-52)


P A I H I N i R O A D

Rskaumara

G lanton

174°00'- A725 So u th r o a d

Taranaki lard Datrd Tsfrrtjrial Attar ily: South Taranaki DbtrM

v'crfjfd B? .1 gTjH: nfMMIfttlMEsxnaris « riVaY'v* crty

Waimate Stream and its tributaries

i§ VoiriM of frail* &



WAINGONGORO RIVER AND ITS TRIBUTARIES (OTS-023-33)

ii,

liwoartti'

tfangawhero

Rot'll/; WfI X r f m

laupofconui.

^rokaara >r

' % H a w e ta f

/fprcnrrzte s-afe ?■ OtA' Cbpiî ri F* w « t

OTS-023-33


(Jpfrawd Btobcun iarca;

=>Sr3j>f>

far srd a i b^i-flef f c Crown

Waingongoro River and its tributaries


T a’ahtW Land D tstte:T c r ila rd Authoriy . South Ta'onoLi {■

sretfcrd Diarets




Tatandki Lard D&lriet TsrrHjfial At&ittiy: 5&Jlh TfifCnfiM Dtelrte

Crrp'td u igtif/i: n o ta ria l





C L I F F O R D R O A D

Taranaki Lsnd D h lif t Tijrrlcria AU furft/: SeUti Tarnckl D iltfc t

Ox3jk*d si ■ -j'spb: rstrarkKfi O ftN n a 1 « f i i i l ' . i Ci';

Waingongoro River No 2 Marginal Strip


s p jjjtih ju tiJ K ii

i ix " \t « if w

u m i ?v,Wte u > i -/i taftaf of tw Cn:**n




/fST>»T«f * >ali

\

OTS-023-11

TarsiEM Lard District tcfrlbflel Aû iodty. South Taranaki Dtelffci

Cut u l i'iffi: rmttrMKn FriliJrtwl k < tefctiM O’V

Waingongoro River No 4 Marginal StripArapve4*t Istrtusd#!®;

k( NoteaNns

W r iffr sod cri fcefcf of die Ctc*n'M f B M»*«! ai TH MUTl »* 1




WAINGONGORO STREAM MARGINAL STRIP (OTS-023-17)

T B W iif iiU rd Dulrid T ertona A'ilhnrit/; S odh Taaasfci DlitncS

C crv W n 3 B fT tw rkicr & V 5 S W 3 * * o' *

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lsh a ix c t rka

Vt K ^ w It k

& U M . & Z #rr»t m b& uf trf f c Ofi*MI

Waingongoro Stream Marginal Strip

Areas referred to in the deed of settlement between MgSruahine and the Crown



WAIOKURA STREAM AND ITS TRIBUTARIES (OTS-023-53)

P t f T k '

P̂ angawmero

okactra

Tarsnskl Lard Drslrict Territorial Al/.hontyr South Tgrenaki District

Ctn^iid tfi I grtfft :


WAIPAEPAEITI STREAM AND ITS TRIBUTARIES (OTS-023-54)

NGARUAHINE DEED OF SETTLEM ENT:__________________________________________________ATTACHM ENTS____________

Taranaki L3rd District Ttf f i l i a l A u tio rty S w th Taranaki Distibt

C rrrpb l i i - < g i i f f i i N p*K *fi«cn Oor) derir* r * *•' Jo s * « « V

oir.L« of Trtaiy

gwd S3 to bo irdsiei

PRgifaflHf»

& M k & wfir w d cnscH a* ol l i s C icm ti

OTS-023-54

Waipaepaeiti Stream and its tributaries



Taranaki Lard DMrict Tarriitna! Autbsfily: ScUh TararaKI D&lrct

C-TOfM 13 a reprerMrfaten BanS ats sa n k r iA f l a t /


WAIPAEPAENUI STREAM AND ITS TRIBUTARIES (OTS-023-34)

Waipaepaenui Stream and its tributaries


,&i toto.nis'K'i

V -

fcf &f>] in i t t te C'?W1



WAIPUKU STREAM AND ITS TRIBUTARIES (OTS-023-55)

Trfftfi&xi Lard Os tret Tembfl'al Authority: Haw FfyffOJlh A

Stertrd Ci&tkts** ji ijTff rtyV iniii'ii

Bs* i t**. r i ’■«*.* iHj

0 -0 3 COO ( SCO 1.050 2,000

It/elrw

* Co m OcjTrT̂ d ***o«ci

Waipuku Stream and its tributaries


&i to tennises

hr

fMfH. o a yfcf arrf


3. EXCLUSIVE RFR AREA (OTS-023-57)


3: EXCLUSIVE RFR AREA

(

(

“BriSriifci {-fifld DfLTi:t

T c rrilx ia l Authority: South TsransM 4

Stratford D istricts

KaupoKoriu'

This r-3 ? 5 fo r Treaty -Set le rn e r l p t jp c s e s O fiy

Ngaruahine Exclusive Right of First Refusal Area


O TS -0 23 -5 7

76


4. SHARED RFR AREA (OTS-023-58)


4: SHARED RFR AREA

(

Tnrarcaki Land CteS'fct

Ts iih :raJALU *c(f?/ South TorcPcfciDfSfrcttd * jfni»trt*rtrsir«pfcf-

*a<

Ngaruahine Shared Right of First Refusal Area


Ap»twed ft* & icar»iavfcs:

...frr Ngactchns

S tiiM k Wfc n rd « t t a r i f f o f f a Crown

This rra? k fcrTrwty S s lta rs n l p j'p cses oriy

0 1 2 3 4 5

A & i& ifzix iuy'i % 97 rtf! * i W a i

OTS-023-58

NGARUAHINE DEED OF SETTLEMENT: ATTACHMENTS

5. DRAFT SETTLEMENT BILL

PCO 17855/1.34 Drafted by Parliamentary Counsel Office

IN CONFIDENCE

THIS BILL IS SUBJECT TO PEER REVIEW AND OTHER PCO QUALITY ASSURANCE MATTERS.

Ngaruahine Claims Settlement Bill

Government Bill

Explanatory note

General policy statement

Clause by clause analysis

(

Hon Christopher FinlaysonNgaruahine Claims Settlement Bill

Government Bill

ContentsPage

1 Title 72 Commencement 7

Part 1Preliminary matters, acknowledgements and apology,

and settlement of historical claimsPreliminary matters

3 Purpose 74 Provisions to take effect on settlement date 75 Act binds the Crown 86 Outline 8

Summary o f historical account, acknowledgements, and apology o f the Crown

7 Summary of historical account, acknowledgements, and 10 apology

8 Summary of historical account 109 Acknowledgements 1210 Apology 16

Interpretation provisions11 Interpretation of Act generally 1712 Interpretation 1813 Meaning of Ngaruahine 2114 Meaning of historical claims 22

1

Ngaruahine Claims Settlement B ill

Historical claims settled and jurisdiction o f courts, etc, removed

15 Settlement of historical claims final

Amendment to Treaty ofWaitangi Act 197516 Amendment to Treaty ofWaitangi Act 1975

Resumptive memorials no longer to apply17 Certain enactments do not apply18 Resumptive memorials to be cancelled

Miscellaneous matters19 Rule against perpetuities does not apply20 Access to deed of settlement

Part 2 Cultural redress

Subpart 1—Protocols21 Interpretation

General provisions applying to protocols22 Issuing, amending, and cancelling protocols23 Protocols subject to rights, functions, and duties24 Enforcement of protocols

Conservation25 Conservation protocol

Fisheries26 Fisheries protocol

Taonga tuturu27 Taonga tuturu protocol

Subpart 2—Statutory acknowledgement and deeds of recognition

28 Interpretation

Statutory acknowledgement29 Statutory acknowledgement by the Crown30 Purposes of statutory acknowledgement31 Relevant consent authorities to have regard to statutory

acknowledgement32 Environment Court to have regard to statutory

acknowledgement

24

24

2425

2626

27

272828

28

29

30

30

313132

32


33 Heritage New Zealand Pouhere Taonga and Environment 33Court to have regard to statutory acknowledgement

34 Recording statutory acknowledgement on statutory plans 3335 Provision of summary or notice to trustees 3436 Use of statutory acknowledgement 35

Deeds o f recognition37 Issuing and amending deeds of recognition 36

General provisions relating to statutory acknowledgement and deeds o f recognition

38 Application of statutory acknowledgement and deed of 36recognition to river or stream

39 Exercise of powers and performance of functions and 37duties

40 Rights not affected 37

Consequential amendment to Resource Management Act 1991

41 Amendment to Resource Management Act 1991 38

Subpart 3—Whariki o Ngaruahine42 Interpretation 3843 Declaration of Whariki o Ngaruahine and the Crown’s 39

acknowledgement44 Purposes of Whariki o Ngaruahine 3945 Agreement on protection principles 3946 Obligations on New Zealand Conservation Authority and 39

Conservation Boards47 Noting of Whariki o Ngaruahine in strategies and plans 4048 Notification in Gazette 4049 Actions by Director-General 4150 Amendment to strategies or plans 4151 Regulations 4152 Bylaws 4253 Existing classification of Whariki o Ngaruahine areas 4254 Termination of Whariki o Ngaruahine classification 4355 Exercise of powers and performance of functions and 43

duties56 Rights not affected 44

Subpart 4—Vesting of cultural redress properties 57 Interpretation 4 4


Properties vested in fee simple to be administered as reserves

58 Te Kohinga property 4559 Te Ngutu o te Manu site A 4560 Waipakari property 46

Property vested in fee simple61 Te Poho o Taranaki 46

General provisions applying to vesting o f cultural redress properties

V 62 Properties vest subject to or together with interests 4763 Interests that are not interests in land 4764 Registration of ownership 4865 Application of Part 4A of Conservation Act 1987 4966 Matters to be recorded on computer freehold register 4967 Application of other enactments 5068 Names of Crown protected areas discontinued 51

Further provisions applying to reserve properties69 Application of other enactments to reserve properties 5170 Subsequent transfer of reserve land 5271 Transfer of reserve land to new administering body 5272 Transfer of reserve land to trustees of existing 53

administering body if trustees change73 Reserve land not to be mortgaged 5374 Saving of bylaws, etc, in relation to reserve properties 54

Subpart 5—Kaitiaki plan75 Interpretation 54

( 76 Purpose of kaitiaki plan 5477 Kaitiaki plan may be lodged with relevant local authority 5478 Effect of kaitiaki plan 5579 Kaitiaki plan may be lodged with relevant department 5580 Limitation of rights 55

Subpart 6—Te Ngutu o Te Manu site B and Kaipi Street property

80A Interpretation 5581 Te Ngutu o Te Manu site B 5681A Kaipi Street property 56

Subpart 7—Regional council representation82 Interpretation 56

4


83 Purpose and objectives 5784 Iwi representation on Council committee 5785 Members to act in interests of committee 5886 Change in committee structure 58

Part 3 Commercial redress

87 Interpretation 58

Subpart 1—Transfer of deferred selection properties88 The Crown may transfer properties 5989 Transfer of Kaipi Street Conservation Area if it becomes a 59

deferred selection property90 Minister of Conservation may grant easements 5991 Computer freehold registers for deferred selection 60

properties92 Authorised person may grant covenant for later creation 60

of computer freehold register93 Application of other enactments 61

Subpart 2—Right of first refusal over RFR land94 Interpretation 6195 Meaning of RFR land 6495A Taranaki Iwi participation under this subpart 65

Restrictions on disposal o f RFR land96 Restrictions on disposal of RFR land 65

Trustees ’ right o f first refusal97 Requirements for offer 6698 Expiry date of offer 6699 Withdrawal of offer 67100 Acceptance of offer 67101 Formation of contract 68

Disposals to others but land remains RFR land102 Disposal to the Crown or Crown bodies 68103 Disposal of existing public works to local authorities 69104 Disposal of reserves to administering bodies 69

Disposals to others where land may cease to be RFR land105 Disposal in accordance with obligations under enactment 70

or rule of law106 Disposal in accordance with legal or equitable obligations 70107 Disposal under certain legislation 70

Ngaruahine Claims Settlem ent Bill

108 Disposal of land held for public works 71109 Disposal for reserve or conservation purposes 71110 Disposal for charitable purposes 71111 Disposal to tenants 71

RFR landowner obligations112 RFR landowner’s obligations subject to other matters 72

Notices about RFR land113 Notice to LINZ of RFR land with computer register after 72

settlement date114 Notice to trustees of offer trusts of disposal of RFR land 73

to others115 Notice to LINZ of land ceasing to be RFR land 73116 Notice to governance entities if disposal of certain RFR 74

land being considered117 Notice requirements 75

Right o f first refusal recorded on computer registers118 Right of first refusal to be recorded on computer registers 76

for RFR land119 Removal of notifications when land to be transferred or 76

vested120 Removal of notifications when RFR period ends 77

General provisions applying to right o f first refusal121 Waiver and variation 78122 Disposal of Crown bodies not affected 78123 Assignment of rights and obligations under this subpart 78

Schedule 1 80Statutory areas

Schedule 2 83Whariki o Ngaruahine areas

Schedule 3 84Cultural redress properties

Schedule 4 86Notices relating to RFR land

6

Ngaruahine Claims Settlem ent Bill Part 1 cl 4

The Parliament of New Zealand enacts as follows:

1 TitleThis Act is the Ngaruahine Claims Settlement Act 2 0 1 4 . Compare: SC 1

2 CommencementThis Act comes into force on the day after the date on which it receives the Royal assent.Compare: SC 2

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

claimsPreliminary matters

3 PurposeThe purpose of this Act is—(a) to record the acknowledgements and apology given by

the Crown to Ngaruahine in the deed of settlement; and(b) to give effect to certain provisions o f the deed of settle

ment that settles the historical claims o f Ngaruahine.Compare: SC 3

4 Provisions to take effect on settlement date(1) The provisions o f this Act take effect on the settlement date

unless stated otherwise.(2) Before the date on which a provision takes effect, a person may

prepare or sign a document or do anything else that is required for—(a) the provision to have full effect on that date; or(b) a power to be exercised under the provision on that date;

or(c) a duty to be performed under the provision on that date.Compare: SC 4

7

Part 1 cl 5 Ngaruahine Claim s Settlem ent Bill

5 Act binds the CrownThis Act binds the Crown.Compare: SC 5

6 Outline(1) This section is a guide to the overall scheme and effect o f this

Act, but does not affect the interpretation or application o f the other provisions o f this Act or o f the deed of settlement.

(2) This Part—(a) sets out the purpose o f this Act; and(b) provides that the provisions o f this Act take effect on

the settlement date unless a provision states otherwise; and

(c) specifies that the Act binds the Crown; and(d) sets out a summary o f the historical account, and records

the text o f the acknowledgements and apology given by the Crown to Ngaruahine, as recorded in the deed of settlement; and

(e) defines terms used in this Act, including key terms such as Ngaruahine and historical claims; and

(f) provides that the settlement o f the historical claims is final; and

(g) provides for—(i) the effect o f the settlement o f the historical claims

on the jurisdiction o f a court, tribunal, or other judicial body in respect o f the historical claims; and

(ii) a consequential amendment to the Treaty ofW aitangi Act 1975; and

(iii) the effect of the settlement on certain memorials; and

(iv) the exclusion o f the law against perpetuities; and(v) access to the deed o f settlement.

(3) P a rt 2 provides for cultural redress, including—(a) cultural redress that does not involve the vesting o f land,

namely,—(i) in s u b p a rt 1, protocols for conservation, fish

eries, and taonga tuturu on the terms set out in the documents schedule; and


(ii) in s u b p a rt 2 , a statutory acknowledgement by the Crown of the statements made by Ngaruahine o f their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect o f that acknowledgement, together with deeds o f recognition for the specified areas; and

(iii) in s u b p a rt 3 , Whariki o Ngaruahine applying to certain areas o f land; and

(iv) in s u b p a rt 5 , provision for the trustees to prepare and lodge a kaitiaki plan with relevant local authorities and relevant departments; and

(v) in s u b p a rt 7 , provision for the iwi o f Taranaki to contribute to the decision-making processes o f the Taranaki Regional Council; and

(b) in s u b p a rt 4 , cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties; and

(c) in s u b p a rt 6, cultural redress linked to clause 5.12 o f the deed of settlement.

(4) P a r t 3 provides for commercial redress, including—(a) in s u b p a rt 1, the transfer o f deferred selection proper

ties; and(b) in s u b p a rt 2, the right of first refusal (RFR) redress.

(5) There are 4 schedules, as follows:(a) S c h e d u le 1 describes the statutory areas to which the

statutory acknowledgement relates and, in some cases, for which deeds o f recognition are issued:

(b) S c h e d u le 2 describes Whariki o Ngaruahine areas to which Whariki o Ngaruahine applies:

(c) S c h e d u le 3 describes the cultural redress properties:(d) S c h e d u le 4 sets out provisions that apply to notices

given in relation to RFR land.Compare: SC 6

9

Part 1 cl 7 Ngaruahine Claim s Settlement Bill

Summary of historical account, acknowledgements, and apology of the Crown7 Summary of historical account, acknowledgements, and

apology(1) S e c tio n 8 summarises the historical account in the deed of

settlement, setting out the basis for the acknowledgements and apology.

(2) S e c tio n s 9 and 10 record the text o f the acknowledgements and apology given by the Crown to Ngaruahine in the deed of settlement.

(3) The acknowledgements and apology are to be read togetherwith the historical account recorded in part 2 of the deed ofsettlement.Compare: SC 7

8 Summary of historical account(1) Before 1860, Ngaruahine were prosperous and economically

successful, and retained ownership o f their lands and resources after consistently opposing the sale of land in their rohe to Europeans. In the late 1850s, some Ngaruahine provided assistance to northern Taranaki iwi who were resisting Crown efforts to acquire land. The Crown declared some Maori who were preventing surveys elsewhere in Taranaki to be in rebellion and commenced hostilities against them in 1860. Some Ngaruahine entered the war on the side o f the non-sellers. This phase o f war ended in 1861.

(2) Following the occupation o f the Tataraimaka block by Crown troops, conflict in Taranaki resumed in 1863, and Ngaruahine people again travelled north to engage with Crown forces. In 1865, the Crown proclaimed 1.2 million acres o f Taranaki land confiscated, including all o f the Ngaruahine rohe. The confiscations were indiscriminate, depriving both “loyal” and “rebel” Maori of their lands.

(3) War continued, and in early 1866 Crown forces entered the Ngaruahine rohe and used scorched earth tactics which devastated several Ngaruahine villages, along with associated food stores, livestock, and crops. As a result o f the Crown’s mili-


tary campaigns, Ngaruahine people were forced to abandon their former homes and food-gathering sites, suffering severe hardship. Some Ngaruahine people were taken prisoner during the war, and a number lost their lives.

(4) The process that was established to compensate “loyal” Maori for the confiscation o f their land began in the mid 1860s, before fighting had ceased in southern Taranaki. This made it difficult for Ngaruahine people to participate in hearings. By 1880 none o f the Compensation Court awards to Ngaruahine people had been implemented.

(5) In the late 1860s, Ngaruahine and other southern Taranaki iwi resisted the extension o f European settlement onto their lands, and in 1868 the Ngaruahine leader Tltokowaru took up arms. After a series of victories against Crown forces, Tltokowaru eventually lost his support for reasons that remain unclear, and was pursued by Crown forces into the Taranaki interior. Government Ministers offered a bounty for Tltokowaru dead or alive, and for his followers alive. Crown forces later took the heads o f some followers, including at least 1 Ngaruahine chief.

(6) In the early 1870s many Ngaruahine returned to their lands on the Waimate Plains. Through the 1870s, the Crown attempted to secure nominally confiscated Ngaruahine land for European settlement by making formal and informal payments to Maori, and by promising to provide reserves and protect significant Ngaruahine sites. These promises were not fulfilled, and by the late 1870s many Ngaruahine people were uncertain about the status o f their lands.

(7) By this time, many Ngaruahine had relocated to Parihaka in central Taranaki and were supporting its leaders Te Whiti and Tohu and their movement for Maori peace and independence. Between 1879 and 1880, Ngaruahine people participated in campaigns o f peaceful resistance initiated at Parihaka, and some were arrested and exiled to South Island prisons where they were detained in harsh conditions for at least 17 months without trial. In November 1881, more than 1 500 Crown troops invaded and dismantled Parihaka, and Ngaruahine people were then displaced from the settlement.

(8) In the early 1880s, the West Coast Commissions investigated Maori grievances, including the failure to implement compen-

l l

Part 1 cl 9 Ngaruahine Claims Settlem ent Bill

sation awards. Although approximately 26 000 acres were eventually returned to Ngaruahine as reserves, the Crown retained over 145 000 acres o f Ngaruahine land and then on-sold it to settlers. Almost all o f the Ngaruahine land returned was under non-customary individualised title, and much of it was located in bush. Reserves were not returned to Maori outright, but were placed under the control o f the Public Trustee, who then sold or leased in perpetuity large areas to European farmers. By 1904 observers reported that Taranaki Maori people felt demoralised and helpless because they had lost control over their lands.

(9) In 1963, the titles o f all remaining Taranaki reserves were amalgamated, leaving owners without specific interests in customary land. Today, less than 5 percent of the area that was reserved for Maori is in Maori freehold ownership, and approximately 50 000 acres remain under the perpetual leasing system. Apart from marae, the only lands now held by Ngaruahine as an iwi are some Tauranga waka reserves situated on the coast.

(10) During the 20th century, Crown efforts to address Taranaki Maori grievances failed to do so. Some inquiries were limited in their scope, and others provided for compensation payments that were not discussed with Ngaruahine and other Taranaki Maori. The Taranaki Maori Claims Settlement Act 1944 stated that the sums were a full settlement o f claims relating to the confiscations and Parihaka. There is no evidence that Ngaruahine or other iwi agreed to this.Compare: SC 8

9 Acknowledgements(1) The Crown acknowledges that recognition o f the historical

grievances o f Ngaruahine is long overdue. The Crown hereby recognises the legitimacy o f the grievances of Ngaruahine and makes the following acknowledgements.

(2) The Crown acknowledges that, prior to 1865, Ngaruahine had retained ownership and control over their lands and were participating successfully in the trading economy.

(3) The Crown acknowledges that—

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(a) the cumulative effect o f the Crown’s actions in purchasing land in Taranaki created tensions that led to the outbreak of war; and

(b) it conducted a bush scouring campaign and used scorched earth tactics in southern Taranaki during 1865 and 1866 to reduce the ability o f Maori, including Ngaruahine, to fight; and

(c) these campaigns resulted in the devastation o f a number o f important Ngaruahine kainga, including Mawhiti- whiti and Ahipaipa, and forced Ngaruahine to flee their settlements and caused severe hardship for Ngaruahine; and

(d) Ngaruahine suffered loss o f life during the Taranaki wars; and

(e) the Taranaki wars constituted an injustice and were in breach o f the Treaty ofW aitangi and its principles.

(4) The Crown acknowledges that—(a) Ngaruahine as an iwi was not in rebellion, and was un

fairly treated as being in rebellion when the Crown proclaimed all of its land confiscated in 1865; and

(b) the confiscations deprived Ngaruahine of access to their wahi tapu and sites o f ancestral significance, traditional sources of food and other resources on that land, and had a devastating effect on the welfare, economy, culture, and social development o f Ngaruahine; and

(c) the confiscations were indiscriminate in extent and application, wrongful and unjust, and were in breach o f the Treaty ofWaitangi and its principles.

(5) The Crown acknowledges that the prejudicial effects of theconfiscations were compounded by the inadequacies of thecompensation process, including—(a) holding Compensation Court hearings outside the

Ngaruahine rohe at a time of significant upheaval, which restricted Ngaruahine participation; and

(b) the failure to return land to Ngaruahine for more than 15 years after the confiscation.

(6) The Crown acknowledges that—(a) ongoing tensions over its confiscation in southern

Taranaki contributed to the outbreak of further armed

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conflict between the Ngaruahine leader Tltokowaru and the Crown in 1868 to 1869, and that this conflict caused further displacement and hardship for Ngaruahine; and

(b) it offered bounties for the capture of Tltokowaru dead or alive, and for any o f his followers alive; and

(c) members o f Crown forces took the heads o f some o f TT- tokowaru’s followers, including that o f at least 1 Ngaruahine chief.

(7) The Crown acknowledges that by the late 1870s, its failure to enforce the confiscation in the Ngaruahine rohe, its failure to return or reserve land as promised, and its use o f informal cash payments (takoha) to open land for settlement had left Ngaruahine uncertain about the status of their lands and without security about where they were to live.

(8) The Crown acknowledges that—(a) it detained members o f Ngaruahine and other Maori of

Taranaki for their participation in the peaceful resistance campaign initiated at Parihaka in 1879 and 1880; and

(b) legislation was enacted that “suspended the ordinary course o f law”, and as a result most prisoners, including many Ngaruahine people, were detained without trial; and

(c) the detention o f those prisoners without trial for an unreasonably lengthy period assumed the character o f indefinite detention; and

(d) the imprisonment of Ngaruahine and other Maori of Taranaki in South Island gaols for political reasons inflicted unwarranted hardships on them and their whanau and hapu; and

(e) the treatment o f these political prisoners—(i) was wrongful, a breach of natural justice, and

deprived them of basic human rights; and(ii) was a breach o f the Treaty of Waitangi and its

principles.(9) The Crown acknowledges that—

(a) Ngaruahine provided material support to the Parihaka community, and that large numbers o f Ngaruahine


people were residing at Parihaka when Crown forces invaded the settlement in 1881; and

(b) it inflicted serious damage on the prosperous Maori village o f Parihaka and the people residing there, forcibly dispersed many of the inhabitants, and assaulted the human rights of the people; and

(c) these actions caused great distress and were a complete denial o f the Maori right to develop and sustain autonomous communities in a peaceful manner; and

(d) its treatment o f Ngaruahine people at Parihaka was unconscionable and unjust and that these actions constituted a breach of the Treaty o f Waitangi and its principles.

(10) The Crown acknowledges that—(a) the West Coast Commissions were inadequate in their

scope and therefore did not fully address the injustices of the confiscations; and

(b) the reserves created for Ngaruahine by the second West Coast Commission in the 1880s were—(i) smaller than those recommended by the first West

Coast Commission; and(ii) mainly located in bush; and(iii) almost all returned under non-customary individ

ualised title; and(iv) not sufficient for the present and future needs of

Ngaruahine; and(c) the Crown’s actions with respect to the West Coast

Settlement Reserves, considered cumulatively, including the imposition of a regime of perpetually renewable leases and the sale of large quantities o f land by the Public and Maori Trustee—(i) ultimately deprived Ngaruahine o f the control

and ownership o f the lands reserved for them in Taranaki; and

(ii) were in breach o f the Treaty o f Waitangi and its principles.

(11) The Crown acknowledges that the lands and other resources confiscated from Ngaruahine have made a significant contribution to the wealth and development o f New Zealand.

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(12) The Crown acknowledges that its nationalisation o f petroleum resources in New Zealand in 1937 caused a great sense o f grievance within Ngaruahine that is still held today.

(13) The Crown acknowledges that environmental degradation o f Ngaruahine lands, waterways, and coastal waters, including deforestation, freshwater and marine pollution, and the displacement o f indigenous plants and animals from the effects of the dairy industry, resource extractive industries, and other causes, is a source o f great distress for Ngaruahine.

(14) The Crown recognises the efforts and struggles o f Ngaruahine in pursuit of their claims for redress and compensation against the Crown for 140 years.

(15) The Crown acknowledges that despite previous efforts made in the 20th century, including the Sim Commission and the Taranaki Maori Claims Settlement Act 1944, it has failed to deal with the grievances of Ngaruahine in an adequate and appropriate way.

(16) The Crown acknowledges that its breaches o f the Treaty of Waitangi and its principles during the 19th and 20th centuries have together significantly undermined the traditional systems o f authority and economic capacity o f the Ngaruahine iwi, and the physical, cultural, and spiritual well-being of its people. The Crown acknowledges that it has failed to protect the rangatiratanga o f Ngaruahine, in breach of its obligations under Article Two of the Treaty ofWaitangi.Compare: SC 9

10 Apology(1) The Crown offers the following apology to the tupuna, the

descendants, the hapu, and the whanau of Ngaruahine.(2) The Crown regrets its actions that led to the outbreak of war

in Taranaki. During those wars, Crown forces mounted numerous attacks against Ngaruahine kainga, and used scorched earth tactics that devastated Ngaruahine cultivations, livestock, and food-stores. These actions caused severe hardship, deprivation, exile, and death for many Ngaruahine people. For both its actions and their effects, the Crown unreservedly apologises.

16


(3) The Crown is sorry for the immense prejudice it caused by confiscating land that had sustained Ngaruahine tupuna for centuries. The raupatu was indiscriminate, unjust, and unconscionable. The Crown deeply regrets the serious damage its actions have caused to Ngaruahine and its people.

(4) The Crown deeply regrets its unjust treatment o f those Ngaruahine people it imprisoned for taking part in campaigns of peaceful resistance. The Crown sincerely apologises to those tupuna it exiled hundreds of kilometres from their homes, to the whanau who grieved in their absence, to their descendants, and to Ngaruahine.

(5) The Crown deeply regrets and unreservedly apologises for its unconscionable actions at Parihaka, and for the harm those actions caused to the community and those Ngaruahine people who resided there.

(6) For generations, the Crown has failed to live up to its obligations to Ngaruahine under the Treaty ofWaitangi. The effects o f its actions over generations have damaged their autonomy, cultural and spiritual heritage, and ability to exercise customary rights and responsibilities. The Crown solemnly apologises to Ngaruahine for all its breaches o f the Treaty o f Waitangi and its principles.

(7) The Crown hopes that this settlement and this apology will relieve the burden o f grievance that Ngaruahine has carried for so many years, and will assist Ngaruahine to heal the wounds of the past. The Crown looks forward to building a relationship of mutual trust and co-operation with Ngaruahine founded on respect for the Treaty of Waitangi and its principles.Compare: SC 10

Interpretation provisions11 Interpretation of Act generally

It is the intention of Parliament that the provisions o f this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.Compare: SC 11

17

Part 1 cl 12 Ngaruahine Claims Settlement Bill

12 InterpretationIn this Act, unless the context otherwise requires,— administering body has the meaning given in section 2(1) of the Reserves Act 1977aquatic life has the meaning given in section 2(1) o f the Conservation Act 1987attachments means the attachments to the deed o f settlement Commissioner o f Crown Lands means the Commissioner of

z Crown Lands appointed under section 24AA of the Land Act\ 1948

computer register—(a) has the meaning given in section 4 o f the Land Trans

fer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and

(b) includes, where relevant, a certificate o f title issued under the Land Transfer Act 1952

consent authority has the meaning given in section 2(1) of the Resource Management Act 1991conservation area has the meaning given in section 2(1) of the Conservation Act 1987 conservation legislation means—(a) the Conservation Act 1987; and(b) the enactments listed in Schedule 1 o f that Act conservation management plan has the meaning given in section 2(1) o f the Conservation Act 1987

( conservation management strategy has the meaning givenin section 2(1) o f the Conservation Act 1987Crown has the meaning given in section 2(1) of the PublicFinance Act 1989cultural redress property has the meaning given in s e c tio n 5 7

deed of recognition—(a) means a deed o f recognition issued under s e c tio n 3 7

by—(i) the Minister o f Conservation and the Director-

General; or(ii) the Commissioner of Crown Lands; and

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Ngaruahine Claims Settlement Bill Part 1 cl 12

(b) includes any amendments made under s e c tio n 3 7 (4 ) deed of settlement—(a) means the deed o f settlement dated 1 A u g u s t 2 0 1 4 and

signed by—(i) the Honourable Christopher Finlayson, Minis

ter for Treaty o f Waitangi Negotiations, and the Honourable Simon William English, Minister of Finance, for and on behalf o f the Crown; and

(ii) Daisy Noble, for and on behalf of Ngaruahine; and

(iii) the chairperson and 2 other trustees of Te Ko- rowai o Ngaruahine, on behalf of all of the trustees o f Te Korowai o Ngaruahine; and

(b) includes—(i) the schedules of, and attachments to, the deed;

and(ii) any amendments to the deed or its schedules and

attachmentsdeferred selection property has the meaning given in s e c tio n 8 7

Director-General means the Director-General o f Conservationdocuments schedule means the documents schedule o f the deed of settlementeffective date means the date that is 6 months after the settlement dateexclusive RFR area has the meaning given in s e c tio n 94 exclusive RFR land has the meaning given in s e c tio n 94 freshwater fisheries management plan has the meaning given in section 2(1) of the Conservation Act 1987 historical claims has the meaning given in s e c tio n 14 interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a propertyiwi of Taranaki has the meaning given in s e c tio n 8 2 kaitiaki plan means the kaitiaki plan provided for by s u b p a r t 5 o f P a r t 2


LINZ means Land Information New Zealandlocal authority has the meaning given in section 5(1) o f theLocal Government Act 2002member of Ngaruahine means an individual referred to in s e c tio n 1 3 (1 )(a )

national park management plan has the meaning given to management plan in section 2 of the National Parks Act 1980 property redress schedule means the property redress sched-

, ule of the deed o f settlement^ regional council has the meaning given in section 2(1) of the

Resource Management Act 1991Registrar-General means the Registrar-General o f Land appointed under section 4 o f the Land Transfer Act 1952 relevant department has the meaning given in s e c tio n 7 5 relevant local authority has the meaning given in s e c tio n 7 5 representative entity means—(a) the trustees; and(b) any person, including any trustee, acting for or on behalf

of—(i) the collective group referred to in s e c tio n

1 3 (1 )(a ); or(ii) 1 or more members of Ngaruahine; or(iii) 1 or more o f the whanau, hapu, or groups referred

to in s e c tio n 1 3 (1 )(c )reserve has the meaning given in section 2( 1) of the Reserves

( Act 1977reserve property has the meaning given in s e c tio n 5 7 resource consent has the meaning given in section 2(1) of the Resource Management Act 1991RFR means the right of first refusal provided for by s u b p a rt 2 o f P a r t 3

R F R land has the meaning given in s e c tio n 9 5 settlement date means the date that is 40 working days after the date on which this Act comes into force shared R F R area has the meaning given in s e c tio n 9 4 statutory acknowledgement has the meaning given in s e c tio n 2 8

20

Ngaruahine Claims Settlement Bill Part 1 cl 13

Te Korowai o Ngaruahine means the trust o f that name established by a trust deed dated 20 June 2013 tikanga means customary values and practices trustees of Te Korowai o Ngaruahine and trustees mean the trustees, acting in their capacity as trustees, o f Te Korowai o NgaruahineWhariki o Ngaruahine has the meaning given in s e c tio n 4 2 working day means a day other than—(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter

Monday, Anzac Day, the Sovereign’s birthday, and Labour Day:

(b) if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday:

(c) a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:

(d) the days observed as the anniversaries of the provinces of Taranaki and Wellington.

Compare: SC 12

13 Meaning of Ngaruahine(1) In this Act, Ngaruahine—

(a) means the collective group composed o f individuals who are descended from 1 or more Ngaruahine tupuna; and

(b) includes those individuals; and(c) includes any whanau, hapu, or group to the extent that

it is composed o f those individuals, including the following groups:(i) Kanihi-Umutahi hapu:(ii) Okahu-Inuawai hapu:(iii) Ngati Manuhiakai hapu:(iv) Ngati Tu hapu:(v) Ngati Haua hapu:(vi) Ngati Tamaahuroa-Titahi hapu.

(2) In this section and s e c tio n 1 4 ,—area o f interest means the area shown as the Ngaruahine area of interest in part 1 o f the attachments

21


customary rights means rights exercised according to tikanga Maori, including—(a) rights to occupy land; and(b) rights in relation to the use of land or other natural or

physical resourcesdescended means that a person is descended lfom another person by—(a) birth; or(b) legal adoptionNgaruahine tupuna means an individual who—(a) exercised customary rights by virtue o f being descended

from—(i) Turi Arikinui; or(ii) Rongorongo; or(iii) a recognised tupuna of any o f the groups referred

to in s u b s e c tio n (1 )(c )( i) to (v i); and(b) exercised the customary rights predominantly in rela

tion to the area of interest at any time after 6 Februaiy 1840.

Compare: SC 13

14 Meaning of historical claims(1) In this Act, historical claims—

(a) means the claims described in s u b s e c tio n (2 ); and(b) includes the claims described in s u b s e c tio n (3); but(c) does not include the claims described in s u b s e c tio n

(4 ).(2) The historical claims are every claim that Ngaruahine or a rep

resentative entity had on or before the settlement date, or may have after the settlement date, and that—(a) is founded on a right arising—

(i) from the Treaty o f Waitangi or its principles; or(ii) under legislation; or(iii) at common law (including aboriginal title or cus

tomary law); or(iv) from a fiduciary duty; or(v) otherwise; and

(b) arises from, or relates to, acts or omissions before 21 September 1992—


(1) by or on behalf o f the Crown; or(ii) by or under legislation.

(3) The historical claims include—(a) a claim to the Waitangi Tribunal that relates exclusively

to Ngaruahine or a representative entity, including each o f the following claims, to the extent that s u b s e c tio n(2) applies to the claim:(1) Wai 132 (Ngaruahine Land (E Taha and others)

claim):(ii) Wai 138 (Te Whana Whanau Trust (T Whana and

others) claim):(iii) Wai 559 (the Okahu and others (John Hooker,

Lawa Nuku) claim); and(b) any other claim to the Waitangi Tribunal, including each

o f the following claims, to the extent that s u b s e c tio n(2) applies to the claim and the claim relates to Ngaruahine or a representative entity:(i) Wai 54 (Nga Iwi o Taranaki (Makere Rangiata

Love and others) claim):(ii) Wai 131 (Taranaki Maori Trust Board (Hamiora

Raumati and others) claim):(iii) Wai 143 (Taranaki claims (Taranaki Consoli

dated Claims)):(iv) Wai 552 (Araukuku Lands, Forest and Fisheries

(L Turahui) claim):(v) Wai 796 (Petroleum claim).

(4) However, the historical claims do not include—(a) a claim that a member o f Ngaruahine, or a whanau,

hapu, or group referred to in s e c tio n 1 3 (1 )(c ), had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not an ancestor o f Ngaruahine; or

(b) a claim that a representative entity had or may have that is based on a claim referred to in p a ra g ra p h (a).

(5) A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.Compare: SC 14

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Historical claims settled and jurisdiction of courts, etc, removed15 Settlement o f historical claims final(1) The historical claims are settled.(2) The settlement o f the historical claims is final, and, on and

from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect o f those claims.

(3) S u b s e c tio n s (1 ) and (2 ) do not limit the deed o f settlement.(4) Despite any other enactment or rule o f law, on and from the

settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of—(a) the historical claims; or(b) the deed o f settlement; or(c) this Act; or(d) the redress provided under the deed o f settlement or this

Act.(5) S u b s e c tio n (4 ) does not exclude the jurisdiction o f a court,

tribunal, or other judicial body in respect of the interpretation or implementation o f the deed of settlement or this Act. Compare: SC 15

Amendment to Treaty of Waitangi Act 197516 Amendment to Treaty of Waitangi Act 1975(1) This section amends the Treaty ofWaitangi Act 1975.(2) In Schedule 3, insert in its appropriate alphabetical order

“Ngaruahine Claims Settlement Act 2 0 1 4 , s e c tio n 1 5 (4 ) a n d (5 )” .Compare: SC 16

Resumptive memorials no longer to apply17 Certain enactments do not apply(1) The enactments listed in s u b s e c tio n (2 ) do not apply—

(a) to a cultural redress property; or(b) to a deferred selection property that is not land in the

exclusive RFR area or the shared RFR area, on and from the date of its transfer to the trustees; or


(c) to land in the exclusive RFR area or the shared RFR area; or

(d) for the benefit o f Ngaruahine or a representative entity.(2) The enactments are—

(a) Part 3 o f the Crown Forest Assets Act 1989:(b) sections 211 to 213 o f the Education Act 1989:(c) Part 3 o f the New Zealand Railways Corporation Re

structuring Act 1990:(d) sections 27A to 27C o f the State-Owned Enterprises Act

1986:(e) sections 8 A to 8HJ of the Treaty o f Waitangi Act 1975. Compare: SC 17

18 Resumptive memorials to be cancelled(1) The chief executive o f LINZ must issue to the Registrar-Gen

eral 1 or more certificates that specify the legal description of, and identify the computer register for, each allotment that is subject to a resumptive memorial recorded under any enactment listed in s e c tio n 1 7 (2 ) and that—(a) is all or part o f—

(i) a cultural redress property:(ii) a deferred selection property (other than an allot

ment that is solely in the exclusive RFR area or the shared RFR area); or

(b) is solely within the exclusive RFR area or the shared RFR area.

(2) The chief executive o f LINZ must issue a certificate as soon as is reasonably practicable after—(a) the settlement date, for a cultural redress property or

each allotment that is solely in the exclusive RFR area or the shared RFR area; or

(b) the date o f transfer of the property to the trustees, for a deferred selection property that is not land in the exclusive RFR area or the shared RFR area.

(3) Each certificate must state that it is issued under this section.(4) As soon as is reasonably practicable after receiving a certifi

cate, the Registrar-General must—(a) register the certificate against each computer register

identified in the certificate; and

25


(b) cancel each memorial recorded under an enactment listed in s e c tio n 1 7 (2 ) on a computer register identified in the certificate, but only in respect o f each allotment described in the certificate.

Compare: SC 18

Miscellaneous matters19 Rule against perpetuities does not apply(1) The rule against perpetuities and the provisions o f the Perpetu

ities Act 1964—(a) do not prescribe or restrict the period during which—

(i) Te Korowai o Ngaruahine may exist in law; or(ii) the trustees may hold or deal with property or

income derived from property; and(b) do not apply to a document entered into to give effect

to the deed o f settlement if the application o f that rule or the provisions o f that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.

(2) However, if Te Korowai o Ngaruahine is, or becomes, a charitable trust, the application (if any) of the rule against perpetuities or of any provision o f the Perpetuities Act 1964 to that trust must be determined under the general law.Compare: SC 19

20 Access to deed of settlementThe chief executive o f the Ministry of Justice must make copies o f the deed o f settlement available—(a) for inspection free of charge, and for purchase at a rea

sonable price, at the head office o f the Ministry o f Justice in Wellington between 9 am and 5 pm on any working day; and

(b) free o f charge on an Internet site maintained by or on behalf of the Minisfiy o f Justice.

Compare: SC 20

26


Part 2 Cultural redress

Subpart 1—Protocols21 Interpretation

In this subpart,— protocol—(a) means each o f the following protocols issued under

s e c tio n 2 2 (1 )(a ):(i) the conservation protocol:(ii) the fisheries protocol:(iii) the taonga tuturu protocol; and

(b) includes any amendments made under s e c tio n 2 2 (1 )(b )

responsible Minister means,—(a) for the conservation protocol, the Minister o f Conser

vation:(b) for the fisheries protocol, the Minister for Primary In

dustries:(c) for the taonga tuturu protocol, the Minister for Arts,

Culture and Heritage.Compare: SC 21

General provisions applying to protocols22 Issuing, amending, and cancelling protocols(1) Each responsible Minister—

(a) must issue a protocol to the trustees on the terms set out in part 4 o f the documents schedule; and

(b) may amend or cancel that protocol.(2) The responsible Minister may amend or cancel a protocol at

the initiative of—(a) the trustees; or(b) the responsible Minister.

(3) The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.Compare: SC 22

27


23 Protocols subject to rights, functions, and dutiesProtocols do not restrict—(a) the ability of the Crown to exercise its powers and per

form its functions and duties in accordance with the law and Government policy, for example, the ability—(i) to introduce legislation and change Government

policy; and(ii) to interact with or consult a person the Crown

considers appropriate, including any iwi, hapu, marae, whanau, or other representative oftangata whenua; or

(b) the responsibilities of a responsible Minister or a department of State; or

(c) the legal rights of Ngaruahine or a representative entity. Compare: SC 23

24 Enforcement of protocols(1) The Crown must comply with a protocol while it is in force.(2) If the Crown fails to comply with a protocol without good

cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950.

(3) Despite s u b s e c tio n (2 ), damages or other forms o f monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol.

(4) To avoid doubt,—(a) s u b s e c tio n s (1 ) and (2 ) do not apply to guidelines

developed for the implementation of a protocol; and(b) s u b s e c tio n (3 ) does not affect the ability o f a court

to award costs incurred by the trustees in enforcing the protocol under s u b s e c tio n (2 ).

Compare: SC 24

Conservation25 Conservation protocol(1) The Director-General must note a summary of the terms o f the

conservation protocol in any conservation management strategy, conservation management plan, freshwater fisheries man-

28


(2)

(3)

(

(4 )

26( (1)

(2)

(3)

agement plan, or national park management plan that affects the conservation protocol area.The noting of the summa

ngaruahine and the trustees of te korowai o ngaruahine trust and the crown · 2020. 6. 2. · 2.2:...

Documents