DOCSLIB.ORG

Ngai Tahu Claims Settlement Act 1998

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Ngai Tahu Claims Settlement Act 1998 Reprint as at 1 August 2008 Ngai Tahu Claims Settlement Act 1998 Public Act 1998 No 97 Date of assent 1 October 1998 Contents Page Title 27 Preamble 27 1 Short Title and commencement 39 2 Expiry 39 3 Act to bind the Crown 40 Part 1 Apology by the Crown to Ngai Tahu 4 Apology 40 5 Text in Maori 40 6 Text in English 42 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint. A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint. 1 Reprinted as at Ngai Tahu Claims Settlement Act 1998 1 August 2008 Part 2 Interpretation 7 Interpretation of Act generally 45 8 Interpretation of terms 45 9 Meaning of Ngai Tahu and Ngai Tahu Whanui 55 10 Meaning of Ngai Tahu claims 55 11 Maori Reserved Land Act 1955 57 12 Parts of speech and grammatical forms 57 Part 3 Aoraki/Mount Cook 13 Purpose of this Part 57 14 Interpretation 57 15 Vesting of Aoraki/Mount Cook in Te Runanga o Ngai 58 Tahu 16 Gift of Aoraki/Mount Cook by Te Runanga o Ngai Tahu 58 17 Certain laws not affected 59 18 No gift duty 59 Part 4 Transfer and vesting of settlement properties 19 Purpose of this Part 59 20 Transfer and vesting of settlement properties 60 21 Power of the Crown to acquire property compulsorily for 61 purpose of settlement Part 5 Transfer of commercial properties—subject to deferred selection 22 Purpose of this Part 62 23 Hagley Nurses Home 63 24 Christchurch Court 63 25 Isle Street property 64 26 Wanaka plantation 64 27 Notice to Queenstown Lakes District Council 64 Part 6 Transfer of farm assets 28 Purpose of this Part 65 29 Interpretation 65 30 Land excluded from Fiordland National Park 65 2 Reprinted as at 1 August 2008 Ngai Tahu Claims Settlement Act 1998 Part 7 Transfer of forestry assets 31 Purpose of this Part 66 32 Interpretation 66 33 Certain transfers and grants not subdivisions 66 34 Transfer of Crown forest land to Ngai Tahu recipient 66 35 Crown forest land not transferred to Te Runanga o Ngai 67 Tahu 36 Transfer of Aoraki forest land 67 37 Transfer of Aoraki forest trees and improvements 68 38 Disposition of Crown forest land 68 39 Covenants to complete survey work 69 40 Section 24H(6) of Conservation Act 1987 to apply 69 41 Easements 69 42 Delegation 70 Part 8 Transfer of assets—general 43 Purpose of this Part 70 44 Interpretation 70 45 Certain dispositions not subdivisions 70 46 Issue of certificates of title 70 Part 9 Right of first refusal 47 Purpose of this Part 71 48 Interpretation 71 49 Relevant land not to be disposed of except in accordance 75 with this Part 50 Exceptions 75 51 Notice of excepted transactions 77 52 Preliminary notice 77 53 Contents of preliminary notice 78 54 Preliminary notice not to imply obligation pursuant to 78 other Acts 55 Te Runanga o Ngai Tahu may waive its rights pursuant 78 to this Part 56 Notice to be given before attempted disposal of relevant 79 land 57 Procedure for determination of special land 80 58 Relevant land becomes special land by agreement 80 59 Appointment of public valuer 81 3 Reprinted as at Ngai Tahu Claims Settlement Act 1998 1 August 2008 60 Request to President of New Zealand Institute of Valuers 81 to appoint public valuer 61 Appointment of public valuer by President of New 81 Zealand Institute of Valuers 62 Determination by public valuer 81 63 Relevant land becomes special land by determination of 82 public valuer 64 Attempted disposal of special land permitted 83 65 Notice to Te Runanga o Ngai Tahu before disposal 83 66 Acceptance by Te Runanga o Ngai Tahu 83 67 Negotiation in good faith 84 68 Certain obligations not implied 84 69 Non­acceptance by Te Runanga o Ngai Tahu 84 70 Notice to Te Runanga o Ngai Tahu of agreement subject 85 to section 64(b) 71 Notice to Te Runanga o Ngai Tahu of agreement subject 85 to section 69(a)(ii) 72 Disposal if no notice from Te Runanga o Nga Tahu in 85 respect of notice pursuant to section 70 73 Disposal if no notice from Te Runanga o Ngai Tahu in 86 respect of notice pursuant to section 71 74 Application of sections 75 to 83 86 75 Appointment of independent person 86 76 Failure to agree on appointment 86 77 Appointment of independent person by another person or 87 President of New Zealand Law Society 78 Determination by independent person 87 79 Early appointment of independent person 88 80 Disposal permitted if terms not more favourable 88 81 Application of sections 82 and 83 if terms more 89 favourable 82 Te Runanga o Ngai Tahu may give notice to purchase 89 83 Disposal permitted if no notice received 89 84 Re­offer required 89 85 This Part not to affect or derogate from certain rights and 90 restrictions 86 This Part not to affect or derogate from certain disposal 90 rights 87 Interpretation 90 88 Change of control of new Crown owner to which relevant 92 land has been transferred 89 Public valuer or independent person to be expert 95 4 Reprinted as at 1 August 2008 Ngai Tahu Claims Settlement Act 1998 90 Costs of public valuer pursuant to section 62 95 91 Costs of independent person pursuant to section 78 95 92 Notices 96 93 No further inquiries 96 94 Withdrawal by Crown body 97 95 Participation in sales process for relevant land 97 96 Disposal of more than 1 parcel of land 98 97 Part ceasing to apply 98 98 Noting on certificates of title 98 99 Removal of notation 99 100 Copy of certificate to be sent to Te Runanga o Ngai Tahu 100 Part 10 High country stations 101 Section 10 of deed of settlement 100 102 Interpretation 100 103 Notice of effective date 100 104 Covenants and easements relating to station areas 101 105 Transfers and leasebacks 101 106 Subdivisions 102 107 Leaseback conservation areas 102 108 Concessions and commercial activities 102 109 Conservation management strategies and conservation 105 management plans 110 Ecological monitoring 105 111 Easements and licences 106 112 Licences for bridges 106 113 Stopping of roads in Mararoa Valley Area 106 114 Gift duty 107 115 Lake Rere 107 116 New conservation area 107 Part 11 Mahinga kai Transfer and vesting of properties 117 Purpose of this Part 108 118 Effective date of matters set out in this Part 108 119 Interpretation 108 Land vested in Te Runanga o Ngai Tahu in fee simple 120 Tuku Tuku Iwi vested in Te Runanga o Ngai Tahu 108 121 Te Parinui o Whiti vested in Te Runanga o Ngai Tahu 108 122 Access to Te Parinui o Whiti 109 5 Reprinted as at Ngai Tahu Claims Settlement Act 1998 1 August 2008 123 Sinclair Wetlands vested in Te Runanga o Ngai Tahu 109 124 Te Waiomakua vested in Te Runanga o Ngai Tahu 109 125 Greenpark Huts vested in Te Runanga o Ngai Tahu 110 126 Motutapu vested in Te Runanga o Ngai Tahu 110 127 Okeina (Okains Bay) vested in Te Runanga o Ngai Tahu 110 128 Structures and improvements on Okeina (Okains Bay) 110 129 Management of Okeina (Okains Bay) by Banks Peninsula 111 District Council 130 Certificate of title for Okeina (Okains Bay) 112 131 South Bay­Kaikoura vested in Te Runanga o Ngai Tahu 112 132 The Point­Kaikoura vested in Te Runanga o Ngai Tahu 113 133 Whakamatakiuru (Ellesmere Landing) vested in Te 113 Runanga o Ngai Tahu 134 Certain leases of Whakamatakiuru (Ellesmere Landing) 114 not subdivisions 135 Road through Whakamatakiuru (Ellesmere Landing) 114 vested in Selwyn District Council 136 Matariki vested in Te Runanga o Ngai Tahu 114 137 Taramea (Howells Point) vested in Te Runanga o Ngai 114 Tahu Tribal properties 138 Value to be paid by Te Runanga o Ngai Tahu 115 139 Vesting of tribal properties in Te Runanga o Ngai Tahu 116 Land vested in Te Runanga o Ngai Tahu subject to protected private land agreements 140 South Bay/Kaikoura Peninsula vested in Te Runanga o 116 Ngai Tahu 141 Moturata vested in Te Runanga o Ngai Tahu 117 142 Huriawa vested in Te Runanga o Ngai Tahu 117 143 Mapoutahi vested in Te Runanga o Ngai Tahu 117 144 Noting on titles 118 145 Revocation of declaration under section 76 of Reserves 118 Act 1977 Vesting of land in Te Runanga o Ngai Tahu subject to Reserves Act 1977 146 Te Runanga o Ngai Tahu to be administering body 119 147 Te Runanga o Ngai Tahu to hold and administer Kahutara 119 148 Te Runanga o Ngai Tahu to hold and administer 119 Omihi/Goose Bay 149 Te Runanga o Ngai Tahu to hold and administer Oaro 119 6 Reprinted as at 1 August 2008 Ngai Tahu Claims Settlement Act 1998 150 Creation of historic reserve at Otukoro 120 151 Te Runanga o Ngai Tahu to hold and administer 120 Maerewhenua 152 Te Runanga o Ngai Tahu to hold and administer Takiroa 120 153 Te Runanga o Ngai Tahu to hold and administer Katiki 120 154 Te Runanga to hold and administer Onawe Pa 121 155 Creation of reserve around Kopuwai 121 156 Creation of historic reserve at Kawarau Gorge 122 157 Te Runanga o Ngai Tahu to hold and administer Waipapa 122 Point 158 Te Runanga o Ngai Tahu to hold and administer Maranuku 123 159 Creation of historic reserve at Moeraki Lake site 123 160 Creation of reserve at Wairewa 123 161 Addition of roads to Oruaka Historic Reserve 124 Changes of name and classifications 162 Change of name of Mount Cook National Park 125 163 Reserves 125 164 Change of classification 125 165 Change of name of conservation area 126 166 Change of name of certain reserves 126 Vesting of bed of Te Waihora 167 Interpretation 126 168 Vesting of bed of Te Waihora in Te Runanga o Ngai Tahu 126 169 Road vested in Selwyn District Council 127 170 Vesting of river protection reserve 127 171 Title extends to bed only 128 172 District Land Registrar to issue certificates of title for bed 128 of Te Waihora 173 Existing public access
Load more

Recommended publications
  • No 63, 11 September 1930, 2741
    ,.~~:(.,. "" !Jumb. 63. 2741 ~ . ,. ,,:::., ":?--- SUPPLEMENT TO THE NEW ZEALAND GAZETTE OF THURSDAY, SEPTEMBER 4, 1930. lJubliBhtb h]2 :authDrit!2. WELLINGTON, THURSDAY, SEP'l'EMBER 11, 1930. Notice rupecting OJlenceB at Maori Elections. 1 Chief Electoral Office, Wellington. 8th Se}ltember, 1930. I To ~he .RetllrIring Officer for the Western Maori Electoral rnHE following extracts from the Electoral Act, 1927, are . DIstrIct. ..L published for general information:- i IN pursuance of section 186 of the Electoral Act, 1927, I . I hereby authorize and require you to proceed, according to Deputy ReturnIng Officer may arrest any person guUty of personatIon. i law, to the election of a member of Parliament to serve in the 193. (1) Every Deputy Returning Officer may, without any: House of Representatives for the Western Maori Electoral other warrant than this Act, cause to be arrested and taken I District. before a Justice any person reasonably suspected of com- I further direct that you cause the nominations for the mitting or attempting to commit at a polling-place any act /said member to be received at t,he' Native Department, of personation. Government Buildings, Wellington, not later than noon on the (2) It shall be the duty. of the Returning Officer to insti-124th day of September, 1930, and, in the event of the election tute a prosecution against any person whom he believes to being contested, that the poll shall be taken on the 8th day have committed the offence of personation, or of aiding, of October, 1930. abetting, counselling, or procuring the commission of that You are further required to endorse on this writ the name offence by any person, at the.
    [Show full text]
  • Auckland Regional Office of Archives New Zealand
    A supplementary finding-aid to the archives relating to Maori Schools held in the Auckland Regional Office of Archives New Zealand MAORI SCHOOL RECORDS, 1879-1969 Archives New Zealand Auckland holds records relating to approximately 449 Maori Schools, which were transferred by the Department of Education. These schools cover the whole of New Zealand. In 1969 the Maori Schools were integrated into the State System. Since then some of the former Maori schools have transferred their records to Archives New Zealand Auckland. Building and Site Files (series 1001) For most schools we hold a Building and Site file. These usually give information on: • the acquisition of land, specifications for the school or teacher’s residence, sometimes a plan. • letters and petitions to the Education Department requesting a school, providing lists of families’ names and ages of children in the local community who would attend a school. (Sometimes the school was never built, or it was some years before the Department agreed to the establishment of a school in the area). The files may also contain other information such as: • initial Inspector’s reports on the pupils and the teacher, and standard of buildings and grounds; • correspondence from the teachers, Education Department and members of the school committee or community; • pre-1920 lists of students’ names may be included. There are no Building and Site files for Church/private Maori schools as those organisations usually erected, paid for and maintained the buildings themselves. Admission Registers (series 1004) provide details such as: - Name of pupil - Date enrolled - Date of birth - Name of parent or guardian - Address - Previous school attended - Years/classes attended - Last date of attendance - Next school or destination Attendance Returns (series 1001 and 1006) provide: - Name of pupil - Age in years and months - Sometimes number of days attended at time of Return Log Books (series 1003) Written by the Head Teacher/Sole Teacher this daily diary includes important events and various activities held at the school.
    [Show full text]
  • Te Korowai O Wainuiārua Historical Account – Draft for Eminent Historian Review Contents
    Te Korowai o Wainuiārua historical account – 25 June 2020 Te Korowai o Wainuiārua Historical Account – Draft for eminent historian review Contents Te Korowai o Wainuiārua Historical Account – Draft for eminent historian review .............................. 1 1. Uenuku, Tamakana, and Tamahaki at 1840 and the Treaty of Waitangi ....................................... 3 Uenuku, Tamakana, and Tamahaki identity at 1840 .......................................................................... 3 Uenuku ............................................................................................................................................ 3 Tamakana ........................................................................................................................................ 3 Tamahaki ......................................................................................................................................... 3 The Treaty of Waitangi........................................................................................................................ 4 2. Uenuku, Tamakana, and Tamahaki and the Colonial State 1840-1860 .......................................... 4 The New Zealand Company ................................................................................................................ 4 The Spain Commission ........................................................................................................................ 5 Crown purchasing negotiations .........................................................................................................
    [Show full text]
  • FOTWR-Newsletter-May-2016.Pdf
    Editorial It was pointed out in the recent AGM that we have been living beyond our means. In the past, we could cope with a $20 subscription which was enough to enable us to print and mail out our Annuals and newsletters. The subscription was raised to $25 some years ago, which kept the wolf from the door. But inflation has taken its toll and unfortunately, the subscription has been raised again. It should now be some $38, but we have kept the increase to $35 for now and are seeking further sources of income. As well, we would like to send out our newsletters by email to all those who have email addresses. This will cut our postage bill considerably, a necessary step since the cost of postage is due to increase in July. This newsletter has been formatted to allow us to eliminate the cost of envelopes for those newsletters which must be posted. It may be necessary to charge members whose newsletters are sent by ordinary mail, an extra amount to cover postage. AGM There were about 25 members present at the AGM, which was held at the Riverboat Centre on April 17th, 2016. Three of our committee stalwarts: Pauline Walton (Treasurer/Membership); Gloria Barr (Secretary), and Murray Laing offered their resignations which were accepted with regret. They, plus Alan Donald (our Chairman), were given Certificates of Appreciation for their service over the years. Robert Wills was also to have received a Certificate, but he unfortunately was absent. Pauline Walton was also made a Life Member as a reward for her very many years of service to the Friends.
    [Show full text]
  • River Road Firstopenedin1934 and Took 30 Years Ofnewzealand.River Becameinternationally Astherhine Known Withvisitorsattraction, Enjoying Leisurely River Boat Cruises
    M C Members of Journeys on the Whanganui ‘Journeys on the Whanganui’ is a collaborative group of tourism operators who offer their visitors a way to participate in a remote and adventurous journey of discovery and understanding. Stories of the history of both Maori, and the MYK Ways to experience the European settlers who followed them to this land, are shared with their guests as they journey the Whanganui River and National Park by cycle or on foot, by canoe C Whanganui River Road or jet-boat, staying in riverside accommodation and enjoying locally produced History food. Visit www.whanganuiriver.co.nz for more information. Operators Accommodation From its origins high on magnificent Mt Tongariro, the awa (river) travels The Whanganui River and Whanganui River Road can be explored in towards Taumarunui, then winds south through the Whanganui National many different ways, by vehicle, bike, jet boat, canoe or on foot. You A Whanganui Regional Museum H Kohu Cottage Phone: 06 342 8178 Park. For over 800 years, Maori have lived here, building marae and kainga may want to explore the area in your own private vehicle or join tours www.wrm.org.nz run by local operators. Contact ‘Journeys on the Whanganui’ Email: [email protected] (villages), cultivating sheltered river terraces and engaging with the forests. Email: [email protected] www.whanganuiriver.co.nz or Visit Whanganui www.whanganuinz. Numerous marae still exist along the river, and the river is home to many Rivertime Lodge com for more information. B Bridge to Nowhere Jet Boat Tours descendants of the original inhabitants.
    [Show full text]
  • Registered and Estimated Maori Mortality, by Region
    OFFICIAL Wai 903, A82 ‘Māori population trends in the Whanganui inquiry district 1880-1945, A scoping exercise’ Craig Innes Report commissioned by the Waitangi Tribunal for the Whanganui (Wai 903) district inquiry, October 2006 RECEIVED Waitangi Tribunal 27 OCT 2006 Ministry of Jusitce WELLINGTON Table of contents i. List of tables, figures and maps _____________________________ 3 ii. The author _____________________________________________ 4 iii. Introduction ___________________________________________ 5 1. The Whanganui Māori population prior to 1901 _____________________10 2. Where Whanganui Māori were located 1881-1945 ___________________11 3. Whanganui Māori population trends ______________________________16 4. Particular impacts – influenza pandemic, Ratana, urbanisation ________23 4.1. The 1918 influenza pandemic and Whanganui Māori ________________23 4.2. Influence of the Ratana settlement and urbanisation _________________24 5. Conclusion ____________________________________________ 28 6. Select bibliography______________________________________ 29 2 i. List of tables, figures and maps Tables Table 1: Iwi 1874-1901: Child-Woman Ratios (Children/100 Women 15 yrs +)a___10 Table 2: Location of Māori in the Whanganui district & other selected locales ____12 Table 3: Location of Māori within the Whanganui district: grouped totals. _______16 Table 4: Population increase over 1886 level 1891-1951______________________18 Table 5: Regional Distribution, 1901 and 1945 (per cent of total population ______19 Table 6: Principal Tribes by Region,
    [Show full text]
  • APPENDIX K - ARCHAEOLOGICAL and OTHER ITEMS
    APPENDIX K - ARCHAEOLOGICAL and OTHER ITEMS Note: To avoid confusion, numbers without items are marked as Blank Note**: Sites without an indicated Buffer shall default to an estimated buffer of 50m . These rural sites have not been specifically researched. The Historic Places Act applies regardless of any District Plan Buffer specified so care should be taken beyond any buffer also. Urban Map Rural Map List No. NZAA NO. Description Longitude Latitude Comments Buffer WDC No. No. No. Oven Fire cracked rocks - recorded as a 1m diameter patch of whole and firecracked stones, 1 R23/2 with large chunks of charcoal. 2689200 6127900 100x50 259 Rural 22 2 S23/19 Pits - 24 pits on low dune ridge. 2690748.23 6128076.45 Refer Note ** Rural 22 3 S23/17 Pits - at least 18 pits. 2690810.23 6128103.42 Refer Note ** Rural 22 4 S23/16 Pits - seven definite, one possible pit. 2690734.27 6128186.44 Refer Note ** Rural 22 Pits - three definite pits and two other possible 5 S23/15 pits. 2690796.27 6128248.4 Refer Note ** Rural 22 6 S23/14 Pits - eight to ten pits on a low ridge. 2690818.28 6128294.39 Refer Note ** Rural 22 Pit - a single pit. In 1981 the pit measured c.4 x 3 7 S23/13 paces. 2690804.31 6128341.39 Refer Note ** Rural 22 8 S23/20 Pits - five definite pits and two other likely pits. 2690803.31 6128389.38 Refer Note ** Rural 22 Fire scoop containing fire cracked rocks and charcoal, cut into old surface, covered by 30cm 9 S23/21 sand.
    [Show full text]
  • Te Tangi a Tauira – the Cry of the People
    Ngāi Tahu ki Murihiku Natural Resource and Environmental Iwi Management Plan 2008 The Cry of the People Te Tangi a Tauira Ka haea te ata Ka hāpara te ata Ka korokī te manu Ka wairori te ngutu Ko te ata nui Ka horahia Ka tangi te umere a ngā tamariki He awatea The daybreak comes forth The birds sing Welcoming the great day Spread before us Joy unfolds Behold a new day Photo credits for artwork (previous page) Main Photo Source: Venture Southland Kererū (wood pigeon, Hemiphaga novaeseelandiae) Source: Venture Southland Faces Sourced through: SXC Imagery The Kererū is a quiet, humble yet noble bird. Kererū eat the berries of the trees and spread the seeds throughout the land. May the message be spread through Te Tangi a Tauira. Mihi He mihi kau ake kia koutou, tātou hoki e noho pai ana kei waenganui te mahanatanga a o tātou whānau huri noa. Me mihi hoki ki a tātou e mahi ana hei tiaki ngā taonga tuku iho, hei oranga mō ngā uri whakatupu. Me hoki mahara ki ngā tini aituā,rātou kua haere ki te tini ki te mano, na reira haere, haere atu Rā. Rātou kia rātou, tātou kia tātou, heoi ano tēnā koutou, tēnā koutou, tēnā mai ano. Acknowledgements to all enjoying life in the warmth and comfort of our families. We must also acknowledge those of like mind working collaboratively to preserve the treasures that have been handed to ensure a place of well-being for all of us including the generations to come. We must also turn our thoughts to our ancestors who have departed this world and pay tribute to the knowledge and gifts they have left.
    [Show full text]
  • (Environmental Effects) Act 2012 and in the Matter of An
    BEFORE THE EPA Under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 And In the matter of an application for marine consent made by Chatham Rock Phosphate Limited to mine phosphate nodules from the crest of the Chatham Rise Statement of Evidence of Deborah Maria Bartlett on behalf of Te Rūnanga o Ngāi Tahu 12 September 2014 ANDERSON LLOYD Level 10, Otago House LAWYERS Cnr Moray Place & Princes DUNEDIN Street, Private Bag 1959, Solicitor: Stephen Christensen DUNEDIN 9054 ([email protected]) DX YX 10107 Tel 03 477 3973 Fax 03 477 3184 1 Introduction 1. My name is Maria Bartlett. 2. I joined Toitū te Whenua, the environmental unit of Te Rūnanga o Ngāi Tahu (“Te Rūnanga”) on 21 February 2011. 3. I was seconded to Toitū te Whenua from the Consents section of Environment Canterbury for a year as part of the Tuia programme between Ngāi Tahu and the regional council. 4. Prior to my secondment I had spent the better part of ten years processing resource consents for Environment Canterbury, with a focus on surface water consents and river works in the Waitaki catchment and south of the Rakaia river. This included co-ordinating consents for the Project Aqua proposal of Meridian Energy Limited for the Lower Waitaki River, participation in development of the Waitaki Catchment Water Allocation Regional Plan, co-ordination of consents in the Upper Waitaki Catchment and presentation of evidence at the hearings that followed. 5. Since arriving at Te Rūnanga, in addition to engaging in Resource Management Act processes and reforms of the local government sector, I have spent the last three and half years working on the minerals, oil and gas kaupapa, beginning with response to individual mining permit applications notified to Te Rūnanga by NZ Petroleum & Minerals (NZPAM) in accordance with the Crown Minerals Act.
    [Show full text]
  • He Whiritaunoka: the Whanganui Land Report
    Downloaded from www.waitangitribunal.govt.nz Waitangi Tribunal Te Rōpū Whakamana i te Tiriti o Waitangi Tākiri te haeata, ka ao, ka awatea, horahia mai ko te ao mārama The Honourable Te Ururoa Flavell Minister for Māori Development The Honourable Christopher Finlayson Minister for Treaty of Waitangi Negotiations The Honourable Maggie Barry Minister of Conservation Parliament Buildings Wellington 25 September 2015 E ngā Minita, ka whakatakotoria tēnei pūrongo, ki mua i ō koutou aroaro nā mātau nā Te Rōpū Whakamana i te Tiriti o Waitangi he mātai he wānanga hei whakatau mā te Karauna. E tāpaetia ana nā mātau arā, nā te Taraipiunara tēnei pūrongo, ko ia ko te wāhanga wharaurarahi o ngā tūwhiringa kōrero a ngā uri a ngā ati o te hunga kua okoki ki te moengaroa o ngā mano tini o te pō. Ko tō mātau tūmanako kia ‘utua te mamae ki te atawhai me te atawhai ki te atawhai.’ Nō konā, kia tau ki runga ki ngā iwi nā rātau ēnei īnoi, ēnei tūmanako, otirā, ki runga anō ki a koutou me te Kāwanatanga ngā tauwhiro ngā manaakitanga a Te Wāhi Ngaro. Here is the Waitangi Tribunal’s report on its inquiry into 83 claims submitted by Māori of the Whanganui inquiry district. These claims focused principally on the relationship between tangata whenua and their land. The report can be viewed as a companion to the Tribunal’s Whanganui River report of 1999, on which the Crown concluded a settlement last year. It should not come as a surprise that the process of colonisation in Whanganui did not evolve in a way that was consistent with the Treaty of Waitangi, and especially the guarantee of te tino rangatiratanga in the Māori text.
    [Show full text]
  • How the River Was Taken
    CHAPTER 6 HOW THE RIVER WAS TAKEN 6.1 Introduction The river passed from Maori control partly through the application of English law River passed primarily through but primarily through the operation of New Zealand statutes. It did not result from parliamentary the sale and purchase of riparian land or from negotiations with Atihaunui. In the intervention ånal analysis, it came about because the New Zealand Government had assumed and had then acquired, in fact, an unbridled power over the Maori people. This chapter considers the statutory process and Maori objections. 6.2 The Statutory Regime Earlier, we introduced the raft of legislation over years by which the Government General statutes on water and statutes assumed control of rivers and water for agricultural, industrial, drainage, town, speciåc to and recreational purposes. This was traced from ordinances of 1864 for water- Whanganui powered ëourmills and sawmills through to statutes on water rights for mining, irrigation, and hydroelectricity, beginning with the Gold Fields Act 1862 and culminating in the Resource Management Act 1991. Provisions to secure rivers for transport were considered, beginning with the Timber Floating Act 1873, and also measures for ëood protection, such as the River Boards Act 1884. These consolidated the Government’s control over rivers and water, regulating potential conëict between farming, mining, and industrial interests, preventing monopolies and assuring public access, though rarely with thought for Maori customary usages. Here, we are concerned with statutes more speciåc to the Whanganui River. 6.2.1 Enabling legislation for the port From 1854, the Government was in the settlers’ control.
    [Show full text]
  • New Zealand Gazette Of
    tumb. 73. '~I"~'" 2955 Lj , SUPPLEMENT TO THE NEW ZEALAND GAZETTE OF THURSDAY~ OOTOBER 15, 1925. WELLINGTON, FRIDAY, OOTOBER 16, 1925. N oeice respecting 0 !fences at .J[aori Elections. I Returning Officers appoimed for Maori Electoral Districts. Chief Electoral Office, I CHARLES FERGUSSON, Governor·General. Wellington 15th October, 1925. IN pursuance of the powers vested in me by the Legisla. HE following extracts from the Legislature Amendment I ture Act, 1908, I, General Sir Charles Fergusson, Baronet, T Act, 1910, are published for general information :- Governor-General of the Dominion of New Zealand, do : hereby appoint the following persons to be Returning Officers Deputy Returning Omeer may arrest any person guilty of personation. for the Maori electoral districts hereinafter mentioned :- 67. (1.) Every Deputy Returning Officer may, without any other warrant than this Act, cause to be arrested and taken For the Northern Maori Electoral District­ before a .Justice any person reasonably suspected of com­ WILLIAM EDWARD GOFFE. mitting or attempting to commit at a polling-place any act of personation. For tho Eastern Maori Electoral District­ (2.) It shall be the duty of the Returning Officer to insti­ tute a prosection against any person whom he believes to JOHN HARVEY. have committed the offence of personation, or of aiding, For the Western Maori Electoral District­ abetting, counselling, or procuring the commission of that offence by any person, at the election for which he is Return­ GEORGE PATRIOK SHEPHERD. ing Officer. For the Southern Maori Electoral District­ Punishment of personation. JOHN ROYDEN SANSOM. (3.) Every person who commits the offence of personation, As witness the hand of His Excellency the Governor­ or of aiding, abetting, counselling, or procuring the commis­ General, this 16th day of October, 1925.
    [Show full text]