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Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008

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Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 Reprint as at 1 August 2020 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 Public Act 2008 No 98 Date of assent 29 September 2008 Commencement see section 2 Contents Page Preamble 1 Title 9 2 Commencement 9 Part 1 Purpose of Act, acknowledgements and apology, interpretation provisions, settlement of claims, and miscellaneous matters Subpart 1—Purpose of Act and acknowledgements and apology of the Crown to Affiliate 3 Purpose 9 4 Act binds the Crown 9 5 Outline 10 6 Acknowledgements and apology 11 7 Text of acknowledgements 11 8 Text of apology 13 Subpart 2—Interpretation provisions 9 Interpretation of Act generally 14 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Office for Māori Crown Relations—Te Arawhiti. 1 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act Reprinted as at 2008 1 August 2020 10 Interpretation 14 11 Meaning of Affiliate and of Affiliate Ancestor 20 12 Meaning of Affiliate historical claims 21 Subpart 3—Settlement of claims Jurisdictions of courts, etc, removed 13 Settlement of Affiliate historical claims final 23 Amendment to Treaty of Waitangi Act 1975 14 Amendment to Treaty of Waitangi Act 1975 23 15 Schedule 3 amended 23 Protections no longer apply 16 Certain enactments do not apply 23 17 Removal of memorials 24 Subpart 4—Miscellaneous matters Perpetuities 18 Rule against perpetuities does not apply 25 Date on which actions or matters must occur 19 Timing of actions or matters 26 Access to deed of settlement 20 Access to deed of settlement 26 Part 2 Cultural redress Subpart 1—Protocols General provisions 21 Authority to issue, amend, or cancel protocols 26 22 Protocols subject to rights, functions, and obligations 26 23 Enforceability of protocols 27 24 Limitation of rights 27 Noting of certain protocols 25 Noting of DOC protocol 28 26 Noting of fisheries protocol 28 Subpart 2—Statutory acknowledgement, geothermal statutory acknowledgement, and deed of recognition Statutory acknowledgement 27 Statutory acknowledgement by the Crown 28 28 Purposes of statutory acknowledgement 28 29 Relevant consent authorities to have regard to statutory 29 acknowledgement 30 Environment Court to have regard to statutory acknowledgement 29 2 Reprinted as at Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 1 August 2020 2008 31 Heritage New Zealand Pouhere Taonga and Environment Court to 29 have regard to statutory acknowledgement 32 Recording statutory acknowledgement on statutory plans 30 33 Distribution of resource consent applications to trustees 30 34 Use of statutory acknowledgement 31 Application of statutory acknowledgements in relation to rivers 35 Statutory acknowledgements in relation to rivers 31 Geothermal statutory acknowledgement 36 Geothermal statutory acknowledgement by the Crown 32 37 Purposes of geothermal statutory acknowledgement 32 38 Relevant consent authorities to have regard to geothermal statutory 32 acknowledgement 39 Environment Court to have regard to geothermal statutory 32 acknowledgement 40 Recording geothermal statutory acknowledgement on statutory 33 plans 41 Distribution of resource consent applications to trustees 33 42 Use of geothermal statutory acknowledgement 34 Deed of recognition 43 Authorisation to enter into and amend deed of recognition 34 General provisions 44 Exercise of powers, duties, and functions 35 45 Rights not affected 35 46 Limitation of rights 35 Amendment to Resource Management Act 1991 47 Amendment to Resource Management Act 1991 35 48 Schedule 11 of Resource Management Act 1991 amended 35 Subpart 3—Whenua rahui 49 Interpretation 36 50 Declaration of whenua rahui 36 51 The Crown’s acknowledgement of Affiliate values 36 52 Purposes of whenua rahui declaration and acknowledgement 36 53 Agreement on protection principles 36 54 New Zealand Conservation Authority and Conservation Boards to 37 have particular regard to Affiliate values 55 New Zealand Conservation Authority and Conservation Boards to 37 consult with trustees 56 Conservation management strategy 37 57 Noting of whenua rahui 37 58 Notification in Gazette 38 59 Actions by Director-General 38 3 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act Reprinted as at 2008 1 August 2020 60 Amendment to conservation documents 38 61 Regulations 39 62 Bylaws 39 63 Existing classification of whenua rahui 39 64 Termination of whenua rahui status 39 65 Exercise of powers, duties, and functions 40 66 Rights not affected 40 67 Limitation of rights 40 Subpart 4—Specially classified reserves 68 Interpretation 41 69 Declaration of specially classified reserves 41 70 The Crown’s acknowledgement of Affiliate values 41 71 Purposes of specially classified reserves declaration and 41 acknowledgement 72 Agreement on protection principles 41 73 Rotorua District Council to have regard to protection principles 42 74 Rotorua District Council to consult with trustees 42 75 Notifications in Gazette 42 76 Actions by Rotorua District Council 42 77 Existing classification of specially classified reserve 43 78 Termination of specially classified reserve status 43 79 Exercise of powers, duties, and functions 43 80 Rights not affected 43 81 Limitation of rights 43 Subpart 5—The Crown not prevented from providing other relationship redress 82 The Crown not prevented from providing other relationship redress 44 Subpart 6—Place names 83 Interpretation 44 84 Place names 44 85 Publication of new place names notice 45 86 Alteration of new place names 45 87 Date place name altered or assigned 45 Part 3 Cultural redress properties and other properties Subpart 1—Vesting of cultural redress properties 88 Interpretation 45 Sites that vest in fee simple 89 Pateko Island 46 90 Te Koutu Pa 46 91 Okataina Lodge site 46 4 Reprinted as at Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 1 August 2020 2008 92 Okataina Outdoor Education Centre site 47 93 Te Ariki trust 47 94 Te Ariki site 47 95 Punaromia site 48 Sites that vest in fee simple subject to conservation covenant 96 Site on Horohoro Bluff 48 97 Site adjacent to Orakei Korako 48 98 Site adjacent to Lake Rotomahana 48 99 Te Wairoa 48 100 Lake Rotokawa site 49 101 Beds of Lakes Rotongata (Mirror Lake) and Rotoatua 49 102 Moerangi site 50 103 Kakapiko 50 Sites that vest in fee simple to be administered as scenic reserves 104 Rangitoto site 51 105 Sites on Paeroa Range 51 106 Wai-o-Tapu site 51 Sites that vest in fee simple to be administered as recreation reserves 107 Roto-a-Tamaheke Reserve 52 108 Whakarewarewa Thermal Springs Reserve 52 School sites 109 School sites vest in fee simple 53 Subpart 2—General provisions relating to vesting of cultural redress properties 110 Vesting subject to encumbrances 53 111 Registration of ownership 53 112 Application of Part 4A of Conservation Act 1987 55 113 Recording application of Part 4A of Conservation Act 1987 and 56 sections of this Act 114 Application of Reserves Act 1977 to reserve sites 57 115 Application of other enactments 58 116 Application of certain payments 58 117 Subsequent transfer of reserve land 59 Subpart 3—Delayed vesting of other properties Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa 118 Interpretation 60 119 Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa 60 vest in Pikiao entity 5 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act Reprinted as at 2008 1 August 2020 Karamuramu Baths land 120 Interpretation 61 121 Karamuramu Baths land and esplanade land set aside as esplanade 62 reserve 122 Karamuramu Baths land vests in trustees in fee simple 62 123 Easement may be granted in favour of Karamuramu Baths land 63 Part 4 Commercial redress Subpart 1—Transfer of commercial redress properties 124 The Crown authorised to do certain acts 64 125 Minister of Conservation may grant easements 64 126 Registrar-General to create computer freehold register 64 127 Application of other enactments 65 Subpart 2—Licensed land and MAF forest land Licensed land 128 Licensed land ceases to be Crown forest land 66 129 Trustees confirmed beneficiaries and licensors in relation to 66 licensed land 130 Effect of transfer of licensed land 67 131 Public access to continue 67 132 Public right of way easements may be granted 67 MAF forest land 133 Effect of trustees electing to purchase MAF forest land 68 134 Forestry rights after purchase of MAF forest land 68 Subpart 3—Right of access to protected sites 135 Interpretation 69 136 Right of access to protected site 69 137 Right of access subject to Crown forestry licence and registered 70 lease of MAF forest land 138 Notation on computer freehold register 70 139 Limitations on application of subpart 70 Schedule 1 72 Definitions of each collective group that together constitute Affiliate, and other related definitions Schedule 2 78 Meaning of Affiliate historical claims Schedule 3 82 Statutory acknowledgements Schedule 4 83 Descriptions of nga whenua rahui 6 Reprinted as at Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 1 August 2020 2008 Preamble Schedule 5 84 Descriptions of specially classified reserves Schedule 6 85 Cultural redress properties Schedule 7 90 Other land related to cultural redress properties Preamble (1) The Affiliate (comprising the Iwi and Hapu of Te Arawa that are now affiliated to the Te Pumautanga o Te Arawa trust) traditionally operated as independent entities, coming together when prompted by common interests. Together they exercised customary interests within the approximately 1 150 000-acre area from the Bay of Plenty coast to the inland Rotorua lakes and into the interior to the Mamaku Ranges and Kaingaroa Forest. Other iwi and hapu also exercised customary interests within this area. The Affiliate engaged with the opportun- ities created by the arrival of Pakeha traders and missionaries in its rohe from the 1830s.
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