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Te Urewera Act 2014

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Te Urewera Act 2014 Te Urewera Act 2014 Public Act 2014 No 51 Date of assent 27 July 2014 Commencement see section 2 Contents Page 1 Title 8 2 Commencement 8 Part 1 Te Urewera Subpart 1—Background, purpose, and principles 3 Background to this Act 8 4 Purpose of this Act 9 5 Principles for implementing this Act 10 Subpart 2—Interpretation and other matters 6 Interpretation generally 10 7 Interpretation 10 8 Provisions to take effect on settlement date 14 9 Act binds the Crown 14 10 Outline 14 Subpart 3—Legal identity of Te Urewera and vesting of Te Urewera land Legal entity 11 Te Urewera declared to be legal entity 16 Te Urewera establishment land vested in Te Urewera 12 Vesting of Te Urewera establishment land 17 13 Te Urewera land inalienable 17 1 Te Urewera Act 2014 2014 No 51 Amendment of other enactments 14 National Parks Act 1980 amended 17 15 Public Finance Act 1989 amended 18 Part 2 Governance and management of Te Urewera Subpart 1—Te Urewera Board Board established 16 Board established 18 Purposes, functions, and powers of Board 17 Purposes of Board 18 18 Functions of Board 18 19 General powers of Board 20 20 Decision making affecting relationship of iwi and hapū 20 with Te Urewera Membership of Board 21 Appointment of members of Board 21 22 Disqualification 22 23 Declaration required as condition of appointment 23 Chair and deputy chair of Board 24 Chair 23 25 Deputy chair 24 Terms for Board and members 26 First and subsequent terms of Board 24 27 Term for which members appointed 25 Vacancies 28 Removal of member 25 29 Vacancies 25 Liability 30 Liability of members 26 Decision making 31 Obligations of members of Board in decision making 26 32 Role of chair in decision making 26 33 Unanimous decisions 27 34 Consensus decisions 27 35 Mediation 28 36 Decision by voting 28 37 Decisions by committee 28 2 2014 No 51 Te Urewera Act 2014 Financial provisions 38 Budget of Board 29 39 Revenue 29 Taxation 40 Tax treatment of Te Urewera and Board 29 Application of other Acts 41 Other statutory powers not affected 30 42 Application of certain Acts 30 43 Application of Resource Management Act 1991 30 Subpart 2—Te Urewera management plan Preparation, approval, purpose, and scope of plan 44 Obligation on Board to prepare and approve management 31 plan for Te Urewera 45 Purpose of Te Urewera management plan 31 46 Contents of Te Urewera management plan 31 47 Relationship between management plan and conservation 32 planning documents Review of management plan 48 Review and amendment of management plan 33 Transitional 49 Transitional provision 33 Subpart 3—Operational management of Te Urewera 50 Responsibilities of chief executive and Director-General 34 51 Board’s statement of priorities 34 52 Powers and obligations 34 53 Annual operational plan 35 54 Kaimahi 36 Subpart 4—Authorisation of certain activities in Te Urewera 55 Categories of activity 36 56 Activities for which no authorisation required 37 57 Requirements applying to authorisations 37 Activity permits 58 Activities requiring activity permit 37 59 Process for determining applications for activity permits 38 60 Application of Wildlife Act 1953 38 61 Relationship with Fish and Game Council 39 3 Te Urewera Act 2014 2014 No 51 Concessions 62 Activities requiring concessions 39 Authorisation for biological control 63 Introduction of biological control organisms 40 64 Crown Minerals Act 1991 40 Subpart 5—Review of governance and management of Te Urewera 65 Independent review to be undertaken 40 66 Appointment of reviewer or review panel 41 67 Obligations of reviewer 41 68 Response on review report 42 69 Costs 42 Subpart 6—Bylaws, compliance and enforcement, offences, penalties, and other matters Bylaws 70 Board may make bylaws 42 Compliance and enforcement 71 Compliance and enforcement policy and training 44 72 Warranting 45 73 Powers of warranted officers 46 74 Constables 46 75 Warrants under other legislation 46 Offences 76 Offences in Te Urewera 46 77 Offences against warranted officers 49 Penalties 78 Penalties for specified offences 49 79 Penalties not otherwise prescribed 49 80 Penalties for offences committed for commercial gain 50 Proceedings 81 Proceedings in respect of offences 50 82 Limitation period for filing charging document 51 83 Presumptions relating to offences 51 Control of dogs in Te Urewera 84 Control of dogs 51 85 Dog control permits 51 86 Offences in relation to dogs 52 4 2014 No 51 Te Urewera Act 2014 Fines payable to Board 87 Board to receive fines 53 Part 3 Te Urewera land and related matters Interpretation 88 Interpretation 53 Subpart 1—Provisions for registration and other matters relating to Te Urewera land 89 Registration of Te Urewera establishment land in 54 Te Urewera 90 Resumptive memorials to be cancelled 55 91 Interests of registered proprietors of adjacent land not 55 affected 92 Existing interests to continue 55 93 Application of other enactments 56 Official geographic names 94 Official geographic names discontinued 56 Improvements 95 Ownership of improvements 57 Liabilities 96 Certain liabilities excluded 58 97 Costs of meeting any liability 58 Easements required 98 Easement over former Kainaha historic reserve 59 99 Waikaremoana easements 59 Subpart 2—Land added to, or removed from, Te Urewera or interests acquired 100 Land added to Te Urewera 59 101 Criteria for adding land 60 102 Other interests may be acquired 61 103 Relevant considerations for determining whether land 61 may be added or interests acquired Addition of private land 104 Proposal to add private land to Te Urewera 62 105 Minister’s obligations 63 5 Te Urewera Act 2014 2014 No 51 Addition of public conservation land 106 Board’s obligations 64 107 Minister’s obligations 65 Registration of land added to Te Urewera 108 Registration of land added to Te Urewera 66 Unformed roads 109 Stopping certain unformed roads adjoining Te Urewera 67 land 110 Registration of land added to Te Urewera if road stopped 68 Removal of land from Te Urewera 111 Circumstances when land may be removed from 69 Te Urewera 112 Registration after land removed from Te Urewera 69 Subpart 3—Powers to establish special areas and to enter into covenants Establishment of special areas within Te Urewera 113 Recommendation to establish special areas in Te Urewera 71 114 Criteria for recommendations to establish special areas 71 115 Determination of recommendation to establish special 72 areas 116 Management of areas established under this subpart 73 117 Minister may propose establishing specially protected 73 area Specially protected areas 118 Authorisation of activities in specially protected areas 73 Wilderness areas 119 Restrictions on activities in wilderness areas 73 120 Criteria for authorising activities in wilderness areas 74 Amenity areas 121 Limitation on purpose and principles 74 Power to covenant land 122 Board may enter into covenants 75 123 Scope of covenants 75 124 Compliance and enforcement 75 125 Legal effect and registration of covenant 76 6 2014 No 51 Te Urewera Act 2014 Subpart 4—Provisions relating to certain parts of Te Urewera Ruakituri Wilderness Area 126 Ruakituri Wilderness Area 76 Te Whāiti 127 Status of Te Whāiti changed 76 Onepoto 128 Status of Onepoto changed 77 Tāwhiuau Maunga and Ngāti Manawa interests in western parts of Te Urewera 129 Interpretation 78 130 Vesting of Tāwhiuau Maunga in name of Tangiharuru 78 131 Registration of Tāwhiuau Maunga in name of Tangiharuru 79 132 Role of trustees of Te Rūnanga o Ngāti Manawa 80 133 Management of Tāwhiuau area 80 134 Agreement between trustees of Te Rūnanga o Ngāti 80 Manawa and Te Urewera Board 135 Application of other provisions 81 Interests of Ngāti Whare in certain parts of Te Urewera 136 Agreement between trustees of Te Rūnanga o Ngāti 81 Whare and Te Urewera Board Interests of Ngāti Ruapani ki Waikaremoana in Waikaremoana area 137 Interests of Ngāti Ruapani ki Waikaremoana in 82 Waikaremoana area Subpart 5—Consequential amendments to other Acts 138 Amendment to other Acts 83 Schedule 1 84 Land descriptions Schedule 2 85 Further provisions relating to Board Schedule 3 99 Further provisions relating to authorisations and administrative matters 7 s 1 Te Urewera Act 2014 2014 No 51 Schedule 4 122 Further provisions relating to compliance and enforcement Schedule 5 139 Consequential amendments to other Acts The Parliament of New Zealand enacts as follows: 1 Title This Act is the Te Urewera Act 2014. 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. Part 1 Te Urewera Subpart 1—Background, purpose, and principles 3 Background to this Act Te Urewera (1) Te Urewera is ancient and enduring, a fortress of nature, alive with history; its scenery is abundant with mystery, adventure, and remote beauty. (2) Te Urewera is a place of spiritual value, with its own mana and mauri. (3) Te Urewera has an identity in and of itself, inspiring people to commit to its care. Te Urewera and Tūhoe (4) For Tūhoe, Te Urewera is Te Manawa o te Ika a Māui; it is the heart of the great fish of Maui, its name being derived from Murakareke, the son of the ancestor Tūhoe. (5) For Tūhoe, Te Urewera is their ewe whenua, their place of origin and return, their homeland. 8 2014 No 51 Te Urewera Act 2014 Part 1 s 4 (6) Te Urewera expresses and gives meaning to Tūhoe culture, language, customs, and identity. There Tūhoe hold mana by ahikāroa; they are tangata whenua and kaitiaki of Te Urewera. Te Urewera and all New Zealanders (7) Te Urewera is prized by other iwi and hapū who have acknow- ledged special associations with, and customary interests in, parts of Te Urewera.
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