Te Tau Ihu Claims Settlement Bill Government Bill Explanatory note General policy statement This Bill gives effect to the deeds of settlement in which the Crown and Ngāti Apa ki te Rā Tō, Ngāti Kuia, Rangitāne o Wairau, Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, Te Ātiawa o Te Waka- a-Māui, and Ngati Toa Rangatira agree to the final settlement of the historical claims of those iwi. It is intended to divide the Bill at the committee of the whole House stage so that— • Parts 1 to 3 become the Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill: • Parts 4 to 7 become the Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settle- ment Bill: • Parts 8 to 10 become the Ngati Toa Rangatira Claims Settle- ment Bill: • Part 11 becomes the Haka Ka Mate Attribution Bill. Parts 1 to 3—Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill Parts 1 to 3 give effect to the deeds of settlement of Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau. 123—1 2 Te Tau Ihu Claims Settlement Bill Explanatory note Parts 4 to 7—Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Bill Parts 4 to 7 give effect to the deeds of settlement of Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka- a-Māui. Parts 8 to 10—Ngati Toa Rangatira Claims Settlement Bill Parts 8 to 10 give effect to the deed of settlement of Ngati Toa Ran- gatira. Part 11—Haka Ka Mate Attribution Bill Part 11 also gives effect to the deed of settlement of Ngati Toa Ran- gatira. It provides for redress to Ngati Toa Rangatira relating to the haka Ka Mate. It is the intention of the Crown and Ngati Toa Rangatira that Ngati Toa Rangatira have a right of attribution in perpetuity in relation to the haka Ka Mate that is not assignable. Clause by clause analysis Clause 1 states the Bill’s Title. Clause 2 specifies the Bill’s commencement date. Part 1 Preliminary matters and settlement of historical claims Parts 1 to 3 relate to 3 iwi, Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau, and to their 3 deeds of settlement, the settlement of their historical claims, and redress provided to them. Part 1 provides for preliminary matters and the settlement of the his- torical claims. Subpart 1—Purpose of Act, historical accounts, acknowledgements, and apologies Clause 3 states the purpose of Parts 1 to 3 of the Bill. Explanatory note Te Tau Ihu Claims Settlement Bill 3 Clause 4 provides that the provisions of Parts 1 to 3 of the Bill take effect on the settlement date unless a provision states otherwise. Clause 5 provides that Parts 1 to 3 of the Bill bind the Crown. Clause 6 provides an outline of Parts 1 to 3 of the Bill. Clauses 7 to 16 summarise the historical accounts from the 3 deeds of settlement (which provide backgrounds to the deeds) and record the acknowledgements and the apologies given by the Crown to the iwi in the deeds. Subpart 2—Interpretation Clause 17 provides that Parts 1 to 3 of the Bill are to be interpreted in a manner that best furthers the agreements in the deeds of settlement. Clauses 18 and 19 define certain terms used in Parts 1 to 3 of the Bill. Clause 20 defines Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau. Clause 21 defines historical claims. Subpart 3—Settlement of historical claims Historical claims settled and jurisdiction of courts, etc, removed Clause 22 settles the historical claims and provides that the settle- ment is final. It removes the jurisdiction of courts, tribunals, and other judicial bodies in respect of the historical claims, the deeds of settlement, Parts 1 to 3 of the Bill, and the settlement redress (but not in respect of the interpretation or implementation of the deeds of settlement or Parts 1 to 3 of the Bill). Consequential amendment to Treaty of Waitangi Act 1975 Clause 23 amends the Treaty of Waitangi Act 1975 to remove the jurisdiction of the Waitangi Tribunal as provided in clause 22. Protections no longer apply Clause 24 provides that certain enactments do not apply to specified land. 4 Te Tau Ihu Claims Settlement Bill Explanatory note Clause 25 provides for the removal of existing memorials from the computer registers relating to the specified land. Subpart 4—Other matters Clause 26 provides for an exception to the rule against perpetuities and any relevant provisions of the Perpetuities Act 1964 for the settle- ment trusts and in respect of documents entered into by the Crown to give effect to the deeds of settlement. Clause 27 requires the chief executive of the Ministry of Justice to make copies of the deeds of settlement available for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington on any working day. The deeds must also be made available free of charge on an Internet site maintained by or on behalf of the Ministry of Justice. Clause 28 provides that if a provision in Parts 1 to 3 has the same effect as a provision in Parts 4 to 7 or 8 to 10, the provisions must be given effect to only once. Part 2 Cultural redress Part 2 provides for cultural redress. Subpart 1—Protocols Subpart 1 (clauses 29 to 36) provides for the issue of protocols by the Minister of Conservation, the Minister for Primary Industries, the Minister of Energy and Resources, and the Minister for Arts, Culture and Heritage. The subpart provides that the protocols are subject to the Crown’s obligations and limits the rights arising under them. Subpart 2—Statutory acknowledgement and deeds of recognition Subpart 2 (clauses 37 to 52) contains the Crown’s acknowledgement of the statements made by the relevant iwi of their association with certain statutory areas and of their coastal values. The purposes and limits of the statutory acknowledgement are specified. The subpart Explanatory note Te Tau Ihu Claims Settlement Bill 5 also provides that the Crown may issue and amend deeds of recog- nition. Subpart 3—Overlay classification Subpart 3 (clauses 53 to 71) provides for an overlay classification to be declared in relation to certain overlay sites. The purposes and limits of the overlay classification are specified. The subpart author- ises the making of certain regulations and bylaws relating to the over- lay classification. Subpart 4—Vesting of cultural redress properties Subpart 4 (clauses 72 to 97) provides for the vesting of 24 cultural redress properties in the trustees of the relevant settlement trusts (in some cases, jointly with each other or with the trustees of trusts for iwi under related settlements). Of the 24 properties, 11 vest in fee simple, 1 vests in fee simple subject to a conservation covenant, and 12 vest in fee simple to be administered as reserves. Subpart 5—General provisions relating to vesting of cultural redress properties Subpart 5 (clauses 98 to 111) contains technical provisions to facili- tate the vesting of the cultural redress properties. Subpart 6—Vesting and gifting back of properties Subpart 6 (clauses 112 and 113) provides for the vesting of a prop- erty in the trustees of the Ngāti Apa ki te Rā Tō Trust, the vesting of another property in those trustees (jointly with the trustees of trusts for iwi under a related settlement), and the gifting back of the prop- erties to the Crown. Subpart 7—Geographic names Subpart 7 (clauses 114 to 117) provides for the alteration and assign- ment of geographic names, sets out the requirements for publishing 6 Te Tau Ihu Claims Settlement Bill Explanatory note a notice of a new geographic name, and provides for the process for altering any new geographic name. Subpart 8—Customary use of eels Subpart 8 (clauses 118 and 119) contains the Crown’s acknowledge- ment of the association of Ngāti Apa ki te Rā Tō with eels in the part of the Nelson Lakes National Park within the Ngāti Apa conserva- tion protocol area, and provides for the customary use of the eels by members of the iwi. Subpart 9—Pakohe removal and consultation Subpart 9 (clauses 120 to 127) contains the Crown’s acknowledge- ment of the association of Ngāti Kuia and Rangitāne o Wairau with pakohe, provides for members of those iwi to remove pakohe from certain riverbeds by hand, and requires the Director-General to con- sult the trustees of the settlement trusts of those iwi in relation to pakohe in certain situations. Subpart 10—Minerals fossicking right Subpart 10 (clauses 128 to 132) provides for members of the settle- ment iwi to remove natural material from certain riverbeds by hand. Subpart 11—Statutory kaitiaki and customary use of tītī Subpart 11 (clauses 133 to 136) appoints the trustees of the Te Runanga o Ngāti Kuia Trust as statutory kaitiaki of Tītī Island and the Chetwode Islands with the power to advise the Minister of Conservation and the Director-General on certain matters relating to the islands, and provides for the customary use of tītī by members of Ngāti Kuia and Rangitāne o Wairau. Subpart 12—Recognition of historical association with Endeavour Inlet Subpart 12 (clause 137) contains the Crown’s recognition of the his- torical association of Rangitāne o Wairau with Endeavour Inlet.