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Ngāi Tahu Claims Settlement Act 1998

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Ngāi Tahu Claims Settlement Act 1998 Reprint as at 30 June 2012 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 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 Ngāi Tahu 4 Apology 40 5 Text in Māori 40 6 Text in English 42 Part 2 Interpretation 7 Interpretation of Act generally 44 8 Interpretation of terms 44 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. This Act is administered by the Office of Treaty Settlements. 1 Reprinted as at Ngāi Tahu Claims Settlement Act 1998 30 June 2012 9 Meaning of Ngāi Tahu and Ngāi Tahu Whānui 54 10 Meaning of Ngāi Tahu claims 55 11 Maori Reserved Land Act 1955 56 12 Parts of speech and grammatical forms 56 Part 3 Aoraki/Mount Cook 13 Purpose of this Part 56 14 Interpretation 57 15 Vesting of Aoraki/Mount Cook in Te Rūnanga o Ngāi 57 Tahu 16 Gift of Aoraki/Mount Cook by Te Rūnanga o Ngāi Tahu 57 17 Certain laws not affected 58 18 No gift duty 58 Part 4 Transfer and vesting of settlement properties 19 Purpose of this Part 59 20 Transfer and vesting of settlement properties 59 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 62 24 Christchurch Court 62 25 Isle Street property 63 26 Wanaka plantation 63 27 Notice to Queenstown Lakes District Council 63 Part 6 Transfer of farm assets 28 Purpose of this Part 64 29 Interpretation 64 30 Land excluded from Fiordland National Park 64 Part 7 Transfer of forestry assets 31 Purpose of this Part 65 32 Interpretation 65 33 Certain transfers and grants not subdivisions 65 34 Transfer of Crown forest land to Ngāi Tahu recipient 66 2 Reprinted as at 30 June 2012 Ngāi Tahu Claims Settlement Act 1998 35 Crown forest land not transferred to Te Rūnanga o Ngāi 66 Tahu 36 Transfer of Aoraki forest land 67 37 Transfer of Aoraki forest trees and improvements 67 38 Disposition of Crown forest land 68 39 Covenants to complete survey work 68 40 Section 24H(6) of Conservation Act 1987 to apply 68 41 Easements 69 42 Delegation 69 Part 8 Transfer of assets—General 43 Purpose of this Part 69 44 Interpretation 69 45 Certain dispositions not subdivisions 69 46 Issue of certificates of title 70 Part 9 Right of first refusal 47 Purpose of this Part 70 48 Interpretation 70 49 Relevant land not to be disposed of except in accordance 74 with this Part 50 Exceptions 74 51 Notice of excepted transactions 76 52 Preliminary notice 77 53 Contents of preliminary notice 77 54 Preliminary notice not to imply obligation pursuant to 77 other Acts 55 Te Rūnanga o Ngāi Tahu may waive its rights pursuant 78 to this Part 56 Notice to be given before attempted disposal of relevant 78 land 57 Procedure for determination of special land 79 58 Relevant land becomes special land by agreement 80 59 Appointment of public valuer 80 60 Request to President of New Zealand Institute of Valuers 80 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 3 Reprinted as at Ngāi Tahu Claims Settlement Act 1998 30 June 2012 64 Attempted disposal of special land permitted 82 65 Notice to Te Rūnanga o Ngāi Tahu before disposal 82 66 Acceptance by Te Rūnanga o Ngāi Tahu 83 67 Negotiation in good faith 83 68 Certain obligations not implied 83 69 Non-acceptance by Te Rūnanga o Ngāi Tahu 84 70 Notice to Te Rūnanga o Ngāi Tahu of agreement subject 84 to section 64(b) 71 Notice to Te Rūnanga o Ngāi Tahu of agreement subject 84 to section 69(a)(ii) 72 Disposal if no notice from Te Rūnanga o Ngāi Tahu in 85 respect of notice pursuant to section 70 73 Disposal if no notice from Te Rūnanga o Ngāi Tahu in 85 respect of notice pursuant to section 71 74 Application of sections 75 to 83 85 75 Appointment of independent person 85 76 Failure to agree on appointment 86 77 Appointment of independent person by another person or 86 President of New Zealand Law Society 78 Determination by independent person 87 79 Early appointment of independent person 87 80 Disposal permitted if terms not more favourable 88 81 Application of sections 82 and 83 if terms more 88 favourable 82 Te Rūnanga o Ngāi Tahu may give notice to purchase 88 83 Disposal permitted if no notice received 89 84 Re-offer required 89 85 This Part not to affect or derogate from certain rights and 89 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 91 land has been transferred 89 Public valuer or independent person to be expert 94 90 Costs of public valuer pursuant to section 62 94 91 Costs of independent person pursuant to section 78 94 92 Notices 95 93 No further inquiries 96 94 Withdrawal by Crown body 96 95 Participation in sales process for relevant land 96 96 Disposal of more than 1 parcel of land 97 4 Reprinted as at 30 June 2012 Ngāi Tahu Claims Settlement Act 1998 97 Part ceasing to apply 97 98 Noting on certificates of title 98 99 Removal of notation 98 100 Copy of certificate to be sent to Te Rūnanga o Ngāi Tahu 99 Part 10 High country stations 101 Section 10 of deed of settlement 99 102 Interpretation 99 103 Notice of effective date 100 104 Covenants and easements relating to station areas 100 105 Transfers and leasebacks 101 106 Subdivisions 101 107 Leaseback conservation areas 101 108 Concessions and commercial activities 102 109 Conservation management strategies and conservation 104 management plans 110 Ecological monitoring 105 111 Easements and licences 105 112 Licences for bridges 106 113 Stopping of roads in Mararoa Valley Area 106 114 Gift duty 106 115 Lake Rere 107 116 New conservation area 107 Part 11 Mahinga kai Transfer and vesting of properties 117 Purpose of this Part 107 118 Effective date of matters set out in this Part 107 119 Interpretation 107 Land vested in Te Rūnanga o Ngāi Tahu in fee simple 120 Tuku Tuku Iwi vested in Te Rūnanga o Ngāi Tahu 108 121 Te Parinui o Whiti vested in Te Rūnanga o Ngāi Tahu 108 122 Access to Te Parinui o Whiti 108 123 Sinclair Wetlands vested in Te Rūnanga o Ngāi Tahu 108 124 Te Waiomākua vested in Te Rūnanga o Ngāi Tahu 109 125 Greenpark Huts vested in Te Rūnanga o Ngāi Tahu 109 126 Motutapu vested in Te Rūnanga o Ngāi Tahu 109 127 Ōkeina (Okains Bay) vested in Te Rūnanga o Ngāi Tahu 110 128 Structures and improvements on Ōkeina (Okains Bay) 110 5 Reprinted as at Ngāi Tahu Claims Settlement Act 1998 30 June 2012 129 Management of Ōkeina (Okains Bay) by Banks Peninsula 111 District Council 130 Certificate of title for Ōkeina (Okains Bay) 112 131 South Bay-Kaikōura vested in Te Rūnanga o Ngāi Tahu 112 132 The Point-Kaikōura vested in Te Rūnanga o Ngāi Tahu 112 133 Whakamātakiuru (Ellesmere Landing) vested in Te 113 Rūnanga o Ngāi Tahu 134 Certain leases of Whakamātakiuru (Ellesmere Landing) 113 not subdivisions 135 Road through Whakamātakiuru (Ellesmere Landing) 113 vested in Selwyn District Council 136 Matariki vested in Te Rūnanga o Ngāi Tahu 113 137 Taramea (Howells Point) vested in Te Rūnanga o Ngāi 114 Tahu Tribal properties 138 Value to be paid by Te Rūnanga o Ngāi Tahu 114 139 Vesting of tribal properties in Te Rūnanga o Ngāi Tahu 115 Land vested in Te Rūnanga o Ngāi Tahu subject to protected private land agreements 140 South Bay/Kaikōura Peninsula vested in Te Rūnanga o 116 Ngāi Tahu 141 Moturata vested in Te Rūnanga o Ngāi Tahu 116 142 Huriawa vested in Te Rūnanga o Ngāi Tahu 116 143 Māpoutahi vested in Te Rūnanga o Ngāi Tahu 117 144 Noting on titles 117 145 Revocation of declaration under section 76 of Reserves 117 Act 1977 Vesting of land in Te Rūnanga o Ngāi Tahu subject to Reserves Act 1977 146 Te Rūnanga o Ngāi Tahu to be administering body 118 147 Te Rūnanga o Ngāi Tahu to hold and administer Kahutara 118 148 Te Rūnanga o Ngāi Tahu to hold and administer 119 Ōmihi/Goose Bay 149 Te Rūnanga o Ngāi Tahu to hold and administer Ōaro 119 150 Creation of historic reserve at Ōtūkoro 119 151 Te Rūnanga o Ngāi Tahu to hold and administer 120 Maerewhenua 152 Te Rūnanga o Ngāi Tahu to hold and administer Takiroa 120 153 Te Rūnanga o Ngāi Tahu to hold and administer Kātiki 120 154 Te Rūnanga o Ngāi Tahu to hold and administer Ōnawe Pā 120 155 Creation of reserve around Kopuwai 121 6 Reprinted as at 30 June 2012 Ngāi Tahu Claims Settlement Act 1998 156 Creation of historic reserve at Kawarau Gorge 121 157 Te Rūnanga o Ngāi Tahu to hold and administer Waipapa 122 Point 158 Te Rūnanga o Ngāi Tahu to hold and administer Maranuku 122 159 Creation of historic reserve at Moeraki Lake site 122 160 Creation of reserve at Wairewa 123 161 Addition of roads to Ōruaka Historic Reserve 123 Changes of name and classifications 162 Change of name of Mount Cook National Park 124 163 Reserves 125 164 Change of classification 125 165 Change of name of conservation area 125 166 Change of name of certain reserves 125 Vesting of bed of Te Waihora 167 Interpretation 126 168 Vesting of bed of Te Waihora in Te Rūnanga o Ngāi Tahu 126 169 Road vested in Selwyn District Council 126 170 Vesting of river protection reserve 126 171 Title extends to bed only 127 172 Registrar
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