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Ngati Awa Claims Settlement Act 2005

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Ngati Awa Claims Settlement Act 2005 Ngati Awa Claims Settlement Act 2005 Public Act 2005 No 28 Date of assent 24 March 2005 Commencement see section 2 Contents Preamble I Title Protections no longer apply 2 Commencement 17 Certain enactments do not apply Part 1 18 Removal of resumptive memorials Acknowledgements and apology by the SUbpart 2-Mlscellaneous matters Crown to Ngiiti Awa, and Perpetuities preliminary provisions 19 Rule against perpetuities 3 Purpose 4 Act binds the Crown Date when actiO/ls or matters must occur 5 Outline 20 Tlliling of actions or matters 6 Acknowledgements and apology Part 4 7 Text of acknowledgements in Cultural redress Maori-He Whakaaetanga na te Karauna Subpart I-Protocols 8 Text of acknowledgements In General provisions English 21 AuthOrIty to issue. amend. or cancel 9 Text of apology in Maori-Ko te protocols Whakapaha a te Karauna 22 Protocols subject to the Crown' s 10 Text of apology In Enghsh obligations Part 2 23 EnforceabilIty of protocols Interpretation 24 LimitatIOn of rights 11 Interpretation of Act generally Noting of certain protocols 12 Interpretation 25 Noting of DOC protocol 13 Meaning of Ngati Awa 26 Noting of fishenes protocol 14 Meaning of Ngati Awa historIcal claims Subpart 2---Cultural redress properties Part 3 Vesting of cultural redress properties Settlement of historical claims and 27 Interpretation miscellaneous matters 28 Kohi Point Walkway 29 Kapiiterangi Subpart I-Settlement of historical claims 30 Te Paripari Pa Jurisdiction of courts. etc. removed 31 Otitapu Pa 15 Settlement of Ngati Awa historical 32 Te Toangapoto claims final 33 Te Ihukatia Treaty of Waitangi Act 1975 amended 34 Whakapaukorero 35 Former Matahina A4 Block 16 JUrIsdiction of Tribunal to consider claims Ngiiti A wa Claims Settlement Act 2005 2005 No 28 36 Intennediate vesting of certam land Subpart 4-Joint advisory committee for in Crown Matata Scenic Reserve, Whakapaukorero, and Te Awa a Te Atua Provisions relating to vesting of cultural redress properties 59 Interpretation 37 Vesting subject to encumbrances Membership of joint advisory committee 38 Registration of ownership 60 Appointment of members of joint 39 Application of other enactments advisory committee Subpart 3-Statutory acknowledgements 61 Constitution of joint advisory and deeds of recognition committee 62 Functions of joint advisory Statutory acknowledgements committee 40 Statutory acknowledgements by the 63 AdVice on retained sites Crown 64 Advice on Whakapaukorero 41 Purposes of statutory acknowledgements Procedures ofjoint advisory committee 42 Consent authorities must have 65 Meetings of committee regard to statutory 66 Vacancy in membership of acknowledgements committee 43 Environment Court to have regard Funding provisions to statutory acknowledgements 67 Costs and expenses of committee 44 Historic Places Trust and EnVlfon- Change in ownership of retained sites ment Court to have regard to statu- tory acknowledgements 68 Change in ownership of retained 45 Recording statutory acknowledge- sites ments on statutory plans Exercise of powers by Minister 46 Distribution of resource consent 69 Minister must consult With commit­ applications to Ngati Awa govern- tee before exercising powers in rela­ ance entity tion to certain matters 47 Use of statutory acknowledgement 70 Section 9 of Reserves Act 1977 not to apply Deeds of recognition 48 Authorisation to enter into and SUbpart 5-Joint management committee amend deeds of recognition for Moutohora (Whale Island) Wildlife Management Reserve, Ohope Scenic 49 Purpose of deed of recognition Reserve, and Tauwhare Pa Scenic Reserve 50 Tennination of deeds of recognition 51 Crown management 71 Interpretation Membership ofjoint management committee Application of statutory acknowledgements and deeds of recognition in relation 72 Appointment of members of Joint management committee to rivers 73 Constitution of joint management 52 Statutory acknowledgements in committee relation to rivers 74 Powers and functions delegated to 53 Deeds of recognition for rivers joint management committee General provisions 75 Functions of joint management committee 54 Crown not precluded from granting 76 AdVice on conservation matters other statutory acknowledgements 77 Committee to be Conservation or deeds of recognition Board for jointly managed sites 55 Exercise of powers, duties, and functions not affected Procedures ofjoint management committee 56 Rights not affected 78 Meetings of committee 57 Limitation of rights 79 Vacancy in membership of committee Amendment to Resource Management Act 1991 Funding provisions Remuneration of members 58 Amendment to Resource Manage­ 80 ment Act 1991 2 2005 No 28 Ngiiti A wa Claims Settlement Act 2005 81 Amendment to Fees and Travelling Suspension and termination of Allowances Act 1951 Nohoanga entitlement 82 Costs and expenses of committee 105 Suspension of Nohoanga Exercise of powers by Minister entitlement 106 Termination of Nohoanga 83 Minister may discharge committee entitlement or appoint new committees 107 Termination of Nohoanga entitle- 84 Minister must consult committee ment for breach of obligations before exercising powers in relation to certain matters 108 Notification of termination of Nohoanga entitlement 85 Section 9 of Reserves Act 1977 not to apply Rights not affected or created Right to extract hangi stones from 109 Rights of other parties not affected Moutohorti (Whale Island) Wildlife 110 No creation of rights in entitlement Management Reserve land 86 Extraction of hangi stones from Application of other enactments Moutohorii (Whale Island) WildlIfe III Part IllB of Conservation Act 1987 Management Reserve not to apply 87 Amendment to section 8 of Crown 112 Local Government (Ratmg) Act Minerals Act 1991 2002 Subpart 6-Nohoanga entitlements 113 Section 44 of Reserves Act 1977 not to apply 88 Interpretation 114 SectIon 11 and Part X of Resource 89 Grant and renewal of Nohoanga Management Act 1991 not to apply entitlements 90 Notification of Nohoanga Subpart 7-Place names entitlement 115 Change of names: general 91 Terms and conditions of Nohoanga 116 Change of name of Thornton entitlement may be varied Lagoon WIldlife Management 92 Purpose of Nohoanga entitlements Reserve 93 Occupation of Nohoanga entitle- SUbpart 8-Coastal tendenng ments by members of Ngiiti Awa 94 Period of occupation of Nohoanga 117 Interpretation entitlements 118 PreferentIal right to purchase 95 Right to erect temporary dwellings authoflsations 96 Condition of land when occupatIon 119 Limit on proportion of authorisa- ceases tions able to be purchased 97 Activities on entitlement land 120 Ngati Awa governance entity treated as having made tender Obligations relating to 121 Exercise of powers, duties, and Nohoanga entitlements functions 98 Nohoanga entitlements must not 122 Rights not affected impede public access 123 Limitation of rights 99 The Crown's functions to continue 100 Nohoanga entitlement does not Subpart 9-Whakatiine Airport land restrict the Crown's right to alienate 124 Interpretation land 125 Whakatiine Airport land may be 101 Ngiiti Awa governance entity may vested In Ngiitl Awa governance enforce rights against other persons entity 102 The Crown's oblIgation to provide 126 Matters relating to vesting under lawful access section 125 103 Compliance with laws, bylaws, and 127 Notice to interest holders land and water management 128 No change in classification or practices purpose 104 Rights of Ngiiti Awa governance 129 Amendment of computer register entity under Nohoanga entitlement 130 Creation of computer regIster not assignable 131 Titles to be noted 3 Ngiiti A wa Claims Settlement Act 2005 2005 No 28 132 ApplicatIon of other enactments 156 Rights. powers, and duties of Ngati 133 Whakatiine Airport land may be Awa governance entity if land reg­ treated as settlement property istered in name of A wanuiarangi II PartS Protected land Commercial redress properties 157 Direction that land be noted as pro­ Subpart I-Transfer of commercial tected land redress properties Evidence of proper direction 134 Transfer of commercial redress 158 Evidence of proper direction properties Application of other enactments to 135 Minister of Conservation may grant protected land easements 136 Creatlon of computer register 159 Application of other enactments to 137 Application of other enactments protected land 138 Roadways and rights of way Amendment to Crown Minerals Act 1991 Subpart 2-Redress licensed land 160 Amendment to section 51 of Crown 139 Interpretation Minerals Act 1991 140 Redress licensed land ceases to be Part 7 Crown forest land Ancillary claims settlement 141 Ngati Awa governance entity con­ Subpart I-Interpretation firmed beneficiary of redress licensed land 161 Interpretation 142 Effect of Crown forestry licences 162 Meaning of Pukaahu, Rangitaiki on redress licensed land 6OC. and Waiohau historical claims 163 Meaning of Pukaahu claimants. Right of access over redress licensed land Rangltaiki 60C claimants, and 143 Right of access over redress Waiohau claimants licensed land Subpart 2-Vesting of ancillary claims 144 Right of access subject to Crown settlement land forestry licence 145 Right of access must be noted on 164 Vesting of Pukaahu title 165 Vesting of Rangitaiki 60C settle­ ment land Subpart 3-Right of access over Ngatl 166 Vesting of Waiohau settlement land Awa land 167 Registration of ownership: Pukaahu 146 Interpretation 168 Registration of ownership: 147 Right of access over Ngati Awa Rangitaiki 60C settlement land and land Waiohau settlement land 148 Requirements relating to right of 169 Applicatlon
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