Ngatikahu ki Whangaroa Claims Settlement Bill. 8) After Crown officials approached them about gifting an area Lord Ranfurly had picnicked at for a scenic reserve, Motukiwi Hone Tua and other Ngatikahu ki Whangaroa offered the Crown approximately 10 acres for this purpose. The Crown, however, eventually decided to take 706 acres for the Ranfurly Bay Scenic Reserve, including important Ngatikahu ki Whangaroa wāhi tapu and 5 urupā. Māori owners received a total of £1,060 from the Crown as compensa- tion, but lost £40 per year from a 30-year lease of the block.(9) Following World War II, the Crown took land at Matakaraka that the navy had occupied during the conflict. In 1983, the Crown transferred the land to the Lands and Survey Department, and only revested it in Māori ownership in 10 1990. The Crown purchased other land at Matakaraka for scenic reserve pur- poses without getting the consent of all owners. Ngatikahu ki Whangaroa wereleft virtually landless and the majority of their people now live outside their rohe.Te whakarāpopototanga o ngā kōrero o mua 15
Ngatikahu ki Whangaroa Claims Settlement Bill. 9Acknowledgements (1)The Crown acknowledges that it failed to deal with the long-standing grievan- ces of Ngatikahu ki Whangaroa in an appropriate way, and that recognition of these grievances is long overdue.(2)The Crown acknowledges that, in approving pre-Treaty land transactions, issu- ing grants to settlers for some of these lands, and retaining 11 000 acres of “surplus land” from transactions in the Ngatikahu ki Whangaroa rohe, it—5 (a) failed to consider the customary rights and interests of Ngatikahu ki Whangaroa in these lands; and (b) failed to assess the impact of the alienation of these lands on Ngatikahu ki Whangaroa; and10 (c) failed to survey most of these lands. The Crown acknowledges that these failures breached Te Tiriti o Waitangi/the Treaty of Waitangi and its principles. (3)The Crown acknowledges that—15 (a) Ngatikahu ki Whangaroa have long disputed the extent of the Crown’s 1863 Mangonui purchase; and (b) the Crown did not challenge the Native Land Court’s 1870 award to Māori of nearly 4 000 acres at Taemaro within the period provided in the native land laws for appealing court decisions; and 20 (c) the Māori owners of Taemaro subsequently protested that the Crown co- erced them into surrendering the title for the block in return for reserves of approximately 750 acres at Taemaro and Waimahana; and (d) the Taemaro Reserve did not include all areas occupied and cultivated by Ngatikahu ki Whangaroa; and 25 (e) the Crown’s failure to ensure Ngatikahu ki Whangaroa retained adequate reserves within the boundaries of the Mangonui purchase breached Te Tiriti o Waitangi/the Treaty of Waitangi and its principles. (4)The Crown acknowledges that— (a) the operation and impact of the native land laws, in particular the award- ing of the important Ngatikahu ki Whangaroa blocks of Taemaro, Taupo, Matakaraka B, and Motukahakaha to individuals rather than iwi or hapū, made Ngatikahu ki Whangaroa lands more susceptible to partition, frag- mentation, and alienation; and30 (b) this contributed to the erosion of Ngatikahu ki Whangaroa tribal struc- tures, which were based on collective tribal custodianship of land. The Crown’s failure to protect the tribal structures of Ngatikahu ki Whangar- oa was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.35Ngatikahu ki Whangaroa Claims Settlement Bill Part 1 cl 9 (5) The Crown acknowledges that the compulsory taking of more than 700 acres for a scenic reserve at Ranfurly Bay in 1919—
Ngatikahu ki Whangaroa Claims Settlement Bill. Te Whakapāna
Ngatikahu ki Whangaroa Claims Settlement Bill ii) any amendments to the deed or its schedules and attachmentsDirector-General means the Director-General of Conservationdocuments schedule means the documents schedule of the deed of settlementeffective date means the date that is 6 months after the settlement datefreshwater fisheries management plan has the meaning given in section 2(1) 5 of the Conservation Act 1987historical claims has the meaning given in section 14interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a propertyKahukuraariki Trust means the trust of that name established by a trust deed 10 dated 7 November 2015LINZ means Land Information New Zealandlocal authority has the meaning given in section 5(1) of the Local Government Act 2002member of Ngatikahu ki Whangaroa means an individual referred to in sec- 15tion 13(1)(a)national park management plan has the meaning given to management planin section 2 of the National Parks Act 1980overlay classification has the meaning given in section 41property redress schedule means the property redress schedule of the deed of 20 settlementRegistrar-General means the Registrar-General of Land appointed in accord- ance with section 4 of the Land Transfer Act 1952representative entity means—
Ngatikahu ki Whangaroa Claims Settlement Bill. Miscellaneous matters19 Rule against perpetuities does not apply
Ngatikahu ki Whangaroa Claims Settlement Bill. 30Relevant consent authorities to have regard to statutory acknowledgement (1)This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.(2)On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding,5 under section 95E of the Resource Management Act 1991, whether the trustees are affected persons in relation to the activity. (3)Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991. 31Environment Court to have regard to statutory acknowledgement10(1)This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area. (2)On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under sec-15 tion 274 of the Resource Management Act 1991, whether the trustees are per- sons with an interest in the proceedings greater than that of the general public. (3)Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991. 32Heritage New Zealand Pouhere Taonga and Environment Court to have20 regard to statutory acknowledgement (1)This section applies to an application made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area.25(2)On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48, 56, or 62 of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to the application. (3)On and from the effective date, the Environment Court must have regard to the30 statutory acknowledgement relating to the statutory area— (a) in determining whether the trustees are persons directly affected by the decision; and (b) in determining, under section 59(1) or 64(1) of the Heritage New Zea- land Pouhere Taonga Act 2014, an appeal against a decision of Heritage35 New Zealand Pouhere Taonga in relation to the application. (4)In this section, archaeological site has the meaning given in section 6 of the Her...
Ngatikahu ki Whangaroa Claims Settlement Bill b) any obligation imposed on the Minister of Conservation or the Director- General by the deed of recognition.39 Rights not affected
Ngatikahu ki Whangaroa Claims Settlement Bill egy, give the trustees an opportunity to make submissions in relation to those concerns. 46Noting of overlay classification in strategies and plans (1)The application of the overlay classification to the overlay area must be noted in any conservation management strategy, conservation management plan, or5 national park management plan affecting the area. (2)The noting of the overlay classification is— (a) for the purpose of public notice only; and (b) not an amendment to the strategy or plan for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act10 1980. 47Notification in Gazette (1)The Minister of Conservation must notify in the Gazette, as soon as practicable after the settlement date,— (a) the declaration made by section 42 that the overlay classification ap- plies to the overlay area; and15 (b) the protection principles for the overlay area. (2)An amendment to the protection principles, as agreed by the trustees and the Minister of Conservation, must be notified by the Minister in the Gazette as soon as practicable after the amendment has been agreed in writing.20(3)The Director-General may notify in the Gazette any action (including any spe- cified action) taken or intended to be taken under section 48 or 49. 48Actions by Director-General (1)The Director-General must take action in relation to the protection principles that relate to the overlay area, including the specified actions.25(2)The Director-General retains complete discretion to determine the method and extent of the action to be taken. (3)The Director-General must notify the trustees in writing of any action intended to be taken. 49Amendment to strategies or plans30(1)The Director-General may initiate an amendment to a conservation manage- ment strategy, conservation management plan, or national park management plan to incorporate objectives for the protection principles that relate to the overlay area. (2)The Director-General must consult relevant Conservation Boards before initiat-35 ing the amendment. Ngatikahu ki Whangaroa Claims Settlement Bill Part 2 cl 52 (3)The amendment is an amendment for the purposes of section 17I(1) to (3) of the Conservation Act 1987 or section 46(1) to (4) of the National Parks Act 1980. 50Regulations The Governor-General may, by Order in Council made on the recommendation5 of the Minister of Conservation, make regulations for 1 or more of the follow- ing purposes: (a) to provide for the implementation of objectives...
Ngatikahu ki Whangaroa Claims Settlement Bill. 2)The overlay classification does not affect—(a) the status of the land as a national park, conservation area, or reserve; or(b) the classification or purpose of the reserve. 53Termination of overlay classification (1)The Governor-General may, by Order in Council made on the recommendation5 of the Minister of Conservation, declare that all or part of the overlay area is no longer subject to the overlay classification. (2)The Minister of Conservation must not make a recommendation for the pur- poses of subsection (1) unless— (a) the trustees and the Minister of Conservation have agreed in writing that10 the overlay classification is no longer appropriate for the relevant area; or (b) the relevant area is to be, or has been, disposed of by the Crown; or (c) the responsibility for managing the relevant area is to be, or has been, transferred to a different Minister of the Crown or the Commissioner of15 Crown Lands. (3)The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of a relevant area if— (a) subsection (2)(c) applies; or (b) there is a change in the statutory management regime that applies to all20 or part of the overlay area. 54Exercise of powers and performance of functions and duties (1)The overlay classification does not affect, and must not be taken into account by, any person exercising a power or performing a function or duty under an enactment or a bylaw.25(2)A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the values stated in the statement of values for the overlay area than that person would give if the area were not subject to the overlay classification. (3)Subsection (2) does not limit subsection (1).30(4)This section is subject to the other provisions of this subpart. 55Rights not affected (1)The overlay classification does not— (a) affect the lawful rights or interests of a person who is not a party to the deed of settlement; or35 (b) have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the overlay area. Ngatikahu ki Whangaroa Claims Settlement Bill Part 2 cl 60 (2) This section is subject to the other provisions of this subpart.Subpart 4—Official geographic names 56Interpretation In this subpart,— Act means the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa)5 Act 2008 Board has the meaning given in section 4 of the Act of...