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Ngāi Tahu Claims Settlement Act 1998

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Ngāi Tahu Claims Settlement Act 1998 Reprint as at 20 May 2014 Ngāi Tahu Claims Settlement Act 1998 Public Act 1998 No 97 Date of assent 1 October 1998 Commencement see section 1(2) Contents Page Title 23 Preamble 1 Short Title and commencement 32 2 Expiry 33 3 Act to bind the Crown 33 Part 1 Apology by the Crown to Ngāi Tahu 4 Apology 33 5 Text in Māori 33 6 Text in English 34 Part 2 Interpretation 7 Interpretation of Act generally 36 8 Interpretation of terms 36 9 Meaning of Ngāi Tahu and Ngāi Tahu Whānui 45 10 Meaning of Ngāi Tahu claims 45 11 Maori Reserved Land Act 1955 46 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 of Treaty Settlements. 1 Reprinted as at Ngāi Tahu Claims Settlement Act 1998 20 May 2014 12 Parts of speech and grammatical forms 46 Part 3 Aoraki/Mount Cook 13 Purpose of this Part 46 14 Interpretation 46 15 Vesting of Aoraki/Mount Cook in Te Rūnanga o Ngāi Tahu 47 16 Gift of Aoraki/Mount Cook by Te Rūnanga o Ngāi Tahu 47 17 Certain laws not affected 48 18 No gift duty 48 Part 4 Transfer and vesting of settlement properties 19 Purpose of this Part 48 20 Transfer and vesting of settlement properties 48 21 Power of the Crown to acquire property compulsorily for purpose 50 of settlement Part 5 Transfer of commercial properties—Subject to deferred selection 22 Purpose of this Part 50 23 Hagley Nurses Home 51 24 Christchurch Court 51 25 Isle Street property 51 26 Wanaka plantation 52 27 Notice to Queenstown Lakes District Council 52 Part 6 Transfer of farm assets 28 Purpose of this Part 52 29 Interpretation 52 30 Land excluded from Fiordland National Park 53 Part 7 Transfer of forestry assets 31 Purpose of this Part 53 32 Interpretation 53 33 Certain transfers and grants not subdivisions 53 34 Transfer of Crown forest land to Ngāi Tahu recipient 54 35 Crown forest land not transferred to Te Rūnanga o Ngāi Tahu 54 36 Transfer of Aoraki forest land 54 37 Transfer of Aoraki forest trees and improvements 55 38 Disposition of Crown forest land 55 39 Covenants to complete survey work 55 40 Section 24H(6) of Conservation Act 1987 to apply 56 41 Easements 56 2 Reprinted as at 20 May 2014 Ngāi Tahu Claims Settlement Act 1998 42 Delegation 56 Part 8 Transfer of assets—General 43 Purpose of this Part 56 44 Interpretation 56 45 Certain dispositions not subdivisions 56 46 Issue of certificates of title 57 Part 9 Right of first refusal 47 Purpose of this Part 57 48 Interpretation 57 49 Relevant land not to be disposed of except in accordance with this 60 Part 50 Exceptions 60 51 Notice of excepted transactions 62 52 Preliminary notice 62 53 Contents of preliminary notice 63 54 Preliminary notice not to imply obligation pursuant to other Acts 63 55 Te Rūnanga o Ngāi Tahu may waive its rights pursuant to this Part 63 56 Notice to be given before attempted disposal of relevant land 64 57 Procedure for determination of special land 65 58 Relevant land becomes special land by agreement 65 59 Appointment of public valuer 65 60 Request to President of New Zealand Institute of Valuers to 65 appoint public valuer 61 Appointment of public valuer by President of New Zealand 65 Institute of Valuers 62 Determination by public valuer 66 63 Relevant land becomes special land by determination of public 66 valuer 64 Attempted disposal of special land permitted 66 65 Notice to Te Rūnanga o Ngāi Tahu before disposal 67 66 Acceptance by Te Rūnanga o Ngāi Tahu 67 67 Negotiation in good faith 67 68 Certain obligations not implied 67 69 Non-acceptance by Te Rūnanga o Ngāi Tahu 68 70 Notice to Te Rūnanga o Ngāi Tahu of agreement subject to section 68 64(b) 71 Notice to Te Rūnanga o Ngāi Tahu of agreement subject to section 68 69(a)(ii) 72 Disposal if no notice from Te Rūnanga o Ngāi Tahu in respect of 69 notice pursuant to section 70 3 Reprinted as at Ngāi Tahu Claims Settlement Act 1998 20 May 2014 73 Disposal if no notice from Te Rūnanga o Ngāi Tahu in respect of 69 notice pursuant to section 71 74 Application of sections 75 to 83 69 75 Appointment of independent person 69 76 Failure to agree on appointment 69 77 Appointment of independent person by another person or President 70 of New Zealand Law Society 78 Determination by independent person 70 79 Early appointment of independent person 71 80 Disposal permitted if terms not more favourable 71 81 Application of sections 82 and 83 if terms more favourable 71 82 Te Rūnanga o Ngāi Tahu may give notice to purchase 71 83 Disposal permitted if no notice received 71 84 Re-offer required 72 85 This Part not to affect or derogate from certain rights and 72 restrictions 86 This Part not to affect or derogate from certain disposal rights 72 87 Interpretation 72 88 Change of control of new Crown owner to which relevant land has 73 been transferred 89 Public valuer or independent person to be expert 75 90 Costs of public valuer pursuant to section 62 76 91 Costs of independent person pursuant to section 78 76 92 Notices 76 93 No further inquiries 77 94 Withdrawal by Crown body 77 95 Participation in sales process for relevant land 77 96 Disposal of more than 1 parcel of land 78 97 Part ceasing to apply 78 98 Noting on certificates of title 78 99 Removal of notation 79 100 Copy of certificate to be sent to Te Rūnanga o Ngāi Tahu 79 Part 10 High country stations 101 Section 10 of deed of settlement 80 102 Interpretation 80 103 Notice of effective date 80 104 Covenants and easements relating to station areas 80 105 Transfers and leasebacks 81 106 Subdivisions 81 107 Leaseback conservation areas 81 108 Concessions and commercial activities 82 109 Conservation management strategies and conservation 83 management plans 4 Reprinted as at 20 May 2014 Ngāi Tahu Claims Settlement Act 1998 110 Ecological monitoring 84 111 Easements and licences 84 112 Licences for bridges 85 113 Stopping of roads in Mararoa Valley Area 85 114 Gift duty 85 115 Lake Rere 85 116 New conservation area 85 Part 11 Mahinga kai Transfer and vesting of properties 117 Purpose of this Part 86 118 Effective date of matters set out in this Part 86 119 Interpretation 86 Land vested in Te Rūnanga o Ngāi Tahu in fee simple 120 Tuku Tuku Iwi vested in Te Rūnanga o Ngāi Tahu 86 121 Te Parinui o Whiti vested in Te Rūnanga o Ngāi Tahu 86 122 Access to Te Parinui o Whiti 87 123 Sinclair Wetlands vested in Te Rūnanga o Ngāi Tahu 87 124 Te Waiomākua vested in Te Rūnanga o Ngāi Tahu 87 125 Greenpark Huts vested in Te Rūnanga o Ngāi Tahu 87 126 Motutapu vested in Te Rūnanga o Ngāi Tahu 87 127 Ōkeina (Okains Bay) vested in Te Rūnanga o Ngāi Tahu 88 128 Structures and improvements on Ōkeina (Okains Bay) 88 129 Management of Ōkeina (Okains Bay) by Banks Peninsula District 89 Council 130 Certificate of title for Ōkeina (Okains Bay) 89 131 South Bay-Kaikōura vested in Te Rūnanga o Ngāi Tahu 89 132 The Point-Kaikōura vested in Te Rūnanga o Ngāi Tahu 90 133 Whakamātakiuru (Ellesmere Landing) vested in Te Rūnanga o 90 Ngāi Tahu 134 Certain leases of Whakamātakiuru (Ellesmere Landing) not 90 subdivisions 135 Road through Whakamātakiuru (Ellesmere Landing) vested in 90 Selwyn District Council 136 Matariki vested in Te Rūnanga o Ngāi Tahu 91 137 Taramea (Howells Point) vested in Te Rūnanga o Ngāi Tahu 91 Tribal properties 138 Value to be paid by Te Rūnanga o Ngāi Tahu 91 139 Vesting of tribal properties in Te Rūnanga o Ngāi Tahu 92 Land vested in Te Rūnanga o Ngāi Tahu subject to protected private land agreements 140 South Bay/Kaikōura Peninsula vested in Te Rūnanga o Ngāi Tahu 93 5 Reprinted as at Ngāi Tahu Claims Settlement Act 1998 20 May 2014 141 Moturata vested in Te Rūnanga o Ngāi Tahu 93 142 Huriawa vested in Te Rūnanga o Ngāi Tahu 93 143 Māpoutahi vested in Te Rūnanga o Ngāi Tahu 93 144 Noting on titles 94 145 Revocation of declaration under section 76 of Reserves Act 1977 94 Vesting of land in Te Rūnanga o Ngāi Tahu subject to Reserves Act 1977 146 Te Rūnanga o Ngāi Tahu to be administering body 94 147 Te Rūnanga o Ngāi Tahu to hold and administer Kahutara 95 148 Te Rūnanga o Ngāi Tahu to hold and administer Ōmihi/Goose Bay 95 149 Te Rūnanga o Ngāi Tahu to hold and administer Ōaro 95 150 Creation of historic reserve at Ōtūkoro 95 151 Te Rūnanga o Ngāi Tahu to hold and administer Maerewhenua 96 152 Te Rūnanga o Ngāi Tahu to hold and administer Takiroa 96 153 Te Rūnanga o Ngāi Tahu to hold and administer Kātiki 96 154 Te Rūnanga o Ngāi Tahu to hold and administer Ōnawe Pā 96 155 Creation of reserve around Kopuwai 96 156 Creation of historic reserve at Kawarau Gorge 97 157 Te Rūnanga o Ngāi Tahu to hold and administer Waipapa Point 98 158 Te Rūnanga o Ngāi Tahu to hold and administer Maranuku 98 159 Creation of historic reserve at Moeraki Lake site 98 160 Creation of reserve at Wairewa 98 161 Addition of roads to Ōruaka Historic Reserve 99 Changes of name and classifications 162 Change of name of Mount Cook National Park 100 163 Reserves 100 164 Change of classification 100 165 Change of name of conservation area 100 166 Change of name of certain reserves 100 Vesting of bed of Te Waihora 167 Interpretation 101 168 Vesting of bed of Te Waihora in Te Rūnanga o Ngāi Tahu 101 169 Road vested in Selwyn District Council 101 170 Vesting of river protection reserve 101 171 Title extends to bed only 102 172 Registrar to issue certificates of title for bed of Te Waihora 102 173 Existing public access and use 103 174 Existing lawful commercial use and structures 103 175 Maimais 103 176 Statutory adviser 103 177 Joint
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