Ng ti Manawa and Ng ti Whare Claims Settlement Bill

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					         Ngāti Manawa and Ngāti Whare
              Claims Settlement Bill
                         Government Bill


                       Explanatory note

                    General policy statement
                           Overview
This omnibus Bill gives effect to the deeds of settlement in which the
Crown and Ngāti Manawa and the Crown and Ngāti Whare agree to
final settlements of the historical claims of Ngāti Manawa and Ngāti
Whare.
Part 1 of this Bill—
•      records the acknowledgements and apology given by the
       Crown to Ngāti Manawa in the deed of settlement dated
       12 December 2009 between the Crown and Ngāti Manawa;
       and
•      gives effect to the deed of settlement in which the Crown and
       Ngāti Manawa agree to a final settlement of all Ngāti Man-
       awa’s historical claims.
Part 2 of this Bill—
•      records the acknowledgements and apology given by the
       Crown to Ngāti Whare in the deed of settlement dated 8 De-
       cember 2009 between the Crown and Ngāti Whare; and




                               225—1
                    Ngāti Manawa and Ngāti Whare
2                        Claims Settlement Bill         Explanatory note


•       gives effect to the deed of settlement in which the Crown and
        Ngāti Whare agree to a final settlement of all Ngāti Whare’s
        historical claims.
It is intended to divide the Bill at the committee of the whole House
stage so that—
•       Part 1 and Schedules 1 to 3 become the Ngāti Manawa Claims
        Settlement Bill:
•       Part 2 and Schedules 4 to 6 become the Ngāti Whare Claims
        Settlement Bill.

                    Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 states the Bill’s commencement date.

                            Part 1
                         Ngāti Manawa
Purpose of Act
Clause 3 states the purpose of the Bill.
Clause 4 provides that the Bill binds the Crown.
Clause 5 provides an outline of the Bill.

Historical account, acknowledgements and apology
Clauses 6 to 8 relate to the historical account and the acknowledge-
ments made, and apology offered, by the Crown to Ngāti Manawa.

Interpretation
Clause 9 relates to the interpretation of terms used in the Bill gener-
ally.
Clause 10 defines certain terms used in the Bill.
Clause 11 defines Ngāti Manawa.
Clause 12 defines historical claims.
                      Ngāti Manawa and Ngāti Whare
Explanatory note           Claims Settlement Bill                         3


Settlement of historical claims

Settlement of historical claims final
Clause 13 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 deed of
settlement, the Bill, and the settlement redress (but not in respect of
the interpretation or implementation of the deed of settlement or the
Bill).

Amendment to Treaty of Waitangi Act 1975
Clause 14 amends the Treaty of Waitangi Act 1975 to remove the
jurisdiction of the Waitangi Tribunal as provided in clause 13.

Protections no longer apply
Clause 15 provides that certain enactments do not apply to specified
land.
Clause 16 provides for the removal of existing memorials from the
certificates of title or computer registers relating to the specified land.

Miscellaneous matters

Perpetuities
Clause 17 provides for an exception to the rule against perpetuities
and any relevant provisions of the Perpetuities Act 1964 for the
trustees and in respect of documents entered into by the Crown to
give effect to the deed of settlement.

Timing of actions or matters
Clause 18 provides that actions or matters occurring under the Bill
occur or take effect on the settlement date or as otherwise specified.

Access to deed of settlement
Clause 19 provides that the chief executive of the Ministry of Justice
must make copies of the deed 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 business day.
                    Ngāti Manawa and Ngāti Whare
4                        Claims Settlement Bill         Explanatory note


The deed must also be made available free of charge on an Internet
site maintained by or on behalf of the Ministry of Justice.

Cultural redress

Ahikāroa
Clauses 20 to 33 provides for an overlay classification to be declared
in relation to an overlay site. The purposes and limits of the overlay
classification are specified. The clauses authorise the making of cer-
tain regulations and bylaws relating to the overlay classification.

Protocols

General provisions
Clauses 34 to 40 provides for the issue of protocols by the Minis-
ter of Conservation, the Minister of Fisheries, the Minister for Arts,
Culture and Heritage, and the Minister for Economic Development.
It provides that the protocols are subject to the Crown’s obligations
and limits the rights arising under them.

Statutory acknowledgement and deeds of recognition
Clauses 41 to 50 contain the Crown’s acknowledgement of the state-
ments made by Ngāti Manawa of their association with 6 statutory
areas within Ngāti Manawa’s area of interest. The purposes and
limits of the statutory acknowledgement are defined. These clauses
also provides that the Minister of Conservation and the Commis-
sioner of Crown Lands must enter into and may amend deeds of
recognition covering 2 sites.

Amendment to the Resource Management Act
Clause 54 provides that Schedule 11 of the Resource Management
Act is amended by inserting “Ngāti Manawa Claims Settlement Act
2010”.
                     Ngāti Manawa and Ngāti Whare
Explanatory note          Claims Settlement Bill                        5


Advisory committees
Clauses 55 and 56 provides that the trustees of Te Rūnanga o Ngāti
Manawa must be appointed as an advisory committee by the Minis-
ters of Fisheries and Conservation.

Pou rāhui in Crown owned sites
Clause 57 provides for and governs the erection of pou rāhui on
Crown owned land.

Geographic names
Clauses 58 to 62 provide for the alteration of existing place names
and set out the requirements for publishing a new place name notice
and altering any new place name.

Crown may provide similar redress
Clause 63 provide that the Crown’s provision of the protocols, statu-
tory acknowledgement, and deeds of recognition does not prevent
the Crown from doing anything that is consistent with that redress,
including—
•     providing, or agreeing to introduce legislation providing, the
      same or similar redress to a person other than Ngāti Manawa
      or the trustees:
•     disposing of land.

Vesting of properties
Clauses 64 to 81 provide for the vesting of 19 cultural redress proper-
ties in the trustees and provide for the management regimes of some
of the properties. Of the properties, 16 vest in fee simple, and 3 vest
in fee simple to be leased back to the Crown.

Jointly vested sites
Clauses 82 to 88 provide for the joint vesting of 4 sites in the trustees
of Te Rūnanga o Ngāti Manawa and the trustees of Te Rūnanga o
Ngāti Whare.
                    Ngāti Manawa and Ngāti Whare
6                        Claims Settlement Bill         Explanatory note


General provisions relating to vesting of properties, provisions
relating to reserve sites, provisions relating to forest sites, and
Tangiharuru title
Clauses 89 to 100 contains technical provisions to facilitate the vest-
ing of the cultural redress properties.

Vesting and gift back of Tāwhiuau
Clause 101 provides for the vesting of a property in the trustees of
Te Rūnanga o Ngāti Manawa and its immediate gifting back to the
Crown.

Rangitaiki River Management Framework

Rangitaiki River Forum
Clauses 102 to 116 provide for the establishment of a Joint Commit-
tee of Council and sets out its functions, capacity, and procedures.

Rangitaiki River Document
Clauses 117 to 124 provide for the preparation and approval of the
Rangitaiki River Document.

Recognition of tuna
Clause 125 provides for the recognition of the habitat of tuna under
the Resource Management Act 1991.

Joint management agreements
Clauses 126 to 129 provide for the development of joint management
agreements between relevant councils and the trustees of Te Rūnanga
o Ngāti Manawa.

Commercial redress
Clauses 130 to 132 provide for commercial redress. They contain
provisions relating to the transfer of the commercial redress proper-
ties and provide for, among other matters, the creation of a computer
freehold register in relation to the properties and the right of access
to protected sites on those properties.
                    Ngāti Manawa and Ngāti Whare
Explanatory note         Claims Settlement Bill                       7


There are 3 schedules that—
•     describe the 10 statutory areas to which the statutory acknow-
      ledgements relate (Schedule 1):
•     describe the 27 sites to which pou rāhui relate (Schedule 2):
•     describe the 25 cultural and non-cultural redress properties
      (Schedule 3).

                             Part 2
                           Ngāti Whare
Purpose of Act
Clause 133 states the purpose of the Bill.
Clause 134 provides that the Bill binds the Crown.
Clause 135 provides an outline of the Bill.

Historical account, acknowledgements, and apology
Clauses 136 to 138 relate to the historical account and the acknow-
ledgements made, and apology offered, by the Crown to Ngāti
Whare.

Interpretation
Clause 139 relates to the interpretation of terms used in the Bill gen-
erally.
Clause 140 defines certain terms used in the Bill.
Clause 141 defines Ngāti Whare.
Clause 142 defines historical claims.

Settlement of historical claims

Settlement of historical claims final
Clause 143 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 deed of
settlement, the Bill, and the settlement redress (but not in respect of
the interpretation or implementation of the deed of settlement or the
Bill).
                     Ngāti Manawa and Ngāti Whare
8                         Claims Settlement Bill            Explanatory note


Amendment to Treaty of Waitangi Act 1975
Clause 144 amends the Treaty of Waitangi Act 1975 to remove the
jurisdiction of the Waitangi Tribunal as provided in clause 143.

Protections no longer apply
Clause 145 provides that certain enactments do not apply to specified
land.
Clause 146 provides for the removal of existing memorials from the
certificates of title or computer registers relating to the specified land.

Miscellaneous matters

Perpetuities
Clause 147 provides for an exception to the rule against perpetu-
ities and any relevant provisions of the Perpetuities Act 1964 for the
trustees and in respect of documents entered into by the Crown to
give effect to the deed of settlement.

Timing of actions or matters
Clause 148 provides that actions or matters occurring under the Bill
occur or take effect on the settlement date or as otherwise specified.

Access to deed of settlement
Clause 149 provides that the chief executive of the Ministry of Justice
must make copies of the deed 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 business day.
The deed must also be made available free of charge on an Internet
site maintained by or on behalf of the Ministry of Justice.

Cultural redress

Whirinaki Te Pua-a-Tāne Conservation Park
Clauses 150 to 165 provide for the development and approval of a
conservation management plan over the Whirinaki Te Pua-a-Tāne
Conservation Park.
                    Ngāti Manawa and Ngāti Whare
Explanatory note         Claims Settlement Bill                     9


Te Whāiti-Nui-a-Toi Canyon and Tūwatawata specially protected
areas
Clauses 166 to 170 provide for 2 sites to be deemed to be specially
protected areas under the Conservation Act 1987.

Whirinaki regeneration project
Clause 171 provides for Te Pua o Whirinaki regeneration trust to hold
the regeneration land set out in Schedule 6.

Protocols and accord
Clauses 172 to 178 provide for the issue of an accord by the Minister
of Conservation and the issue of protocols by the Minister of Fish-
eries, the Minister for Arts, Culture and Heritage, and the Minister
for Economic Development. It provides that the protocols are subject
to the Crown’s obligations and limits the rights arising under them.

Statutory acknowledgement and deeds of recognition
Clauses 179 to 188 contain the Crown’s acknowledgement of the
statements made by Ngāti Whare of their association with 6 statutory
areas within Ngāti Whare’s area of interest. The purposes and limits
of the statutory acknowledgement are defined. These clauses also
provides that the Minister of Conservation and the Commissioner of
Crown Lands must enter into and may amend deeds of recognition
covering 2 sites.

Amendment to the Resource Management Act
Clause 192 provides that Schedule 11 of the Resource Management
Act is amended by inserting “Ngāti Whare Claims Settlement Act
2010”.

Advisory committees
Clauses 193 and 194 provide that the trustees of Te Rūnanga o Ngāti
Whare must be appointed as an advisory committee by the Ministers
of Fisheries and Conservation.
                     Ngāti Manawa and Ngāti Whare
10                        Claims Settlement Bill        Explanatory note


Geographic names
Clauses 195 to 199 provide for the alteration of existing place names
and set out the requirements for publishing a new place name notice
and altering any new place name.

Crown may provide similar redress
Clause 200 provides that the Crown’s provision of the protocols,
statutory acknowledgement, and deeds of recognition does not pre-
vent the Crown from doing anything that is consistent with that re-
dress, including—
•      providing, or agreeing to introduce legislation providing, the
       same or similar redress to a person other than Ngāti Whare or
       the trustees:
•      disposing of land.

Vesting of properties

Sites that vest in fee simple

Regeneration land
Clauses 201 to 210 provide for the vesting of 9 cultural redress prop-
erties in the trustees of Te Rūnanga o Ngāti Whare and provide for the
management regimes of some of the properties. The clauses provide
for the subsequent vesting of the properties in the Te Pua o Whirinaki
Regeneration Trust.

Wāhi tapu sites
Clauses 211 to 214 provide for the vesting of 4 cultural redress prop-
erties in the trustees of Te Rūnanga o Ngāti Whare and provide for
the management regimes of some of the properties.

Jointly vested sites
Clauses 215 to 221 provide for the joint vesting of 4 sites in the
trustees of Te Rūnanga o Ngāti Manawa and the trustees of Te Rū-
nanga o Ngāti Whare.
                    Ngāti Manawa and Ngāti Whare
Explanatory note         Claims Settlement Bill                      11


General provisions relating to vesting of properties, provisions
relating to reserve sites, provisions relating to forest sites, and
Wharepakau title
Clauses 222 to 235 contain technical provisions to facilitate the vest-
ing of the cultural redress properties.

Rangitaiki River Forum
Clauses 238 to 250 provide for the establishment of a Joint Commit-
tee of Council and set out its functions, capacity, and procedures.

Rangitaiki River Document
Clauses 251 to 254 provide for the preparation and approval of the
Rangitaiki River Document.

Recognition of tuna
Clause 259 provides for the recognition of the habitat of tuna under
the Resource Management Act 1991.

Joint management agreements
Clauses 260 to 263 provides for the development of joint manage-
ment agreements between relevant councils and the trustees of Te
Rūnanga o Ngāti Whare.

Schedules
There are 3 schedules that—
•     describe the 2 areas to which the specially protected area status
      relates (Schedule 4):
•     describe the 3 statutory areas to which the statutory acknow-
      ledgements relate (Schedule 5):
•     describe the 17 cultural and non-cultural redress properties
      (Schedule 6).
                 Hon Christopher Finlayson

       Ngāti Manawa and Ngāti Whare
            Claims Settlement Bill
                       Government Bill

                            Contents
                                             Page
1    Title                                     11
2    Commencement                              11
                             Part 1
                         Ngāti Manawa
                         Purpose of Part
3    Purpose                                  12
4    Act binds the Crown                      12
5    Outline                                  12
                       Historical account
6    Account                                  14
                 Crown acknowledgements
7    Acknowledgements                         38
                           Crown apology
8    Apology                                  44
                          Interpretation
9    Intention of Act generally               45
10   Interpretation                           45
11   Meaning of Ngāti Manawa                  52
12   Meaning of historical claim              53




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                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill


                  Settlement of historical claims
13   Settlement of historical claims final                      55
14   Amendment to Treaty of Waitangi Act 1975                   56
15   Certain enactments do not apply                            56
16   Removal of memorials                                       56
                      Miscellaneous matters
17   Rule against perpetuities does not apply                   57
18   Timing of actions or matters                               58
19   Access to deed of settlement                               58
                           Cultural redress
                              Ahikāroa
20   Declaration and acknowledgement of Ahikāroa                58
21   Purposes of Ahikāroa                                       58
22   Agreement on protection principles                         59
23   Duties of Conservation Authority and Conservation          59
     Boards towards Ahikāroa
24   Noting of Ahikāroa                                         60
25   Notification in Gazette                                    60
26   Actions by Director-General                                61
27   Amendment to conservation documents                        61
28   Bylaws                                                     62
29   Existing classification                                    62
30   Termination of Ahikāroa                                    62
31   Exercise of powers, duties, and functions                  63
32   Rights not affected                                        63
33   Limitation of rights                                       63
                              Protocols
34   Authority to issue, amend, or cancel protocols             64
35   Protocols subject to rights, functions, and obligations    64
36   Enforceability of protocols                                64
37   DOC protocol                                               65
38   Fisheries protocol                                         65
39   Taonga tūturu protocol                                     66
40   Crown minerals protocol                                    66
                    Statutory acknowledgement
41   Statutory acknowledgement by the Crown                     66
42   Purposes of statutory acknowledgement                      67
43   Relevant consent authorities to have regard to statutory   67
     acknowledgement


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                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill


44   Environment Court to have regard to statutory                  67
     acknowledgement
45   Historic Places Trust and Environment Court to have            68
     regard to statutory acknowledgement
46   Recording statutory acknowledgement on statutory plans         68
47   Distribution of resource consent applications to trustees of   69
     Te Rūnanga o Ngāti Manawa
48   Use of statutory acknowledgement                               70
49   Meaning of river in statutory acknowledgement and deeds        71
     of recognition
                       Deeds of recognition
50   Authorisation to enter into and amend deeds of                 71
     recognition
                         General provisions
51   Exercise of powers and performance of duties and               72
     functions
52   Rights not affected                                            73
53   Limitations of rights                                          73
        Amendment to Resource Management Act 1991
54   Amendment to Resource Management Act 1991                      73
                        Advisory committees
55   Fisheries advisory committee                                   73
56   Fisheries (conservation) advisory committee                    74
                  Pou rāhui in Crown owned sites
57   Pou rāhui in Crown owned sites                                 74
                         Geographic names
58   Interpretation                                                 74
59   New official geographic name                                   75
60   Publication of new official geographic name                    75
61   Alteration of new official geographic name                     75
62   When new official geographic name takes effect                 75
            Crown may provide other similar redress
63   Crown may provide other similar redress                        76
                       Vesting of properties
                   Sites that vest in fee simple
64   Ōruatewehi Pā site                                             76
65   Kiorenui site                                                  76

                                                                     3
                  Ngāti Manawa and Ngāti Whare
                       Claims Settlement Bill


66   Kakarāhonui Kāinga site                                      76
67   Kāramuramu site                                              77
68   Motumako site                                                77
69   Te Ana a Maru Rock Art site                                  77
70   Tūtūtarata Papakainga site                                   78
71   Pekepeke Pā site                                             79
72   Puketapu Pā site                                             79
73   Pukemoremore site                                            79
74   Ngātamawāhine Nohoanga site                                  79
75   Kaiwhatiwhati Pā site                                        79
76   Ahiweka Pā site                                              79
77   Ahiwhakamura Kāinga site                                     79
78   Kani Rangi Park site                                         80
                          School sites
79   Galatea School site                                          80
80   Murupara School site                                         80
81   Te Kura Kaupapa Motuhake o Tāwhiuau site                     80
                        Jointly vested sites
82   Hināmoki Pā site                                             81
83   Okārea Pā site                                               81
84   Te Rake Pā site                                              81
85   Te Tāpiri Pā site                                            81
86   Māori reservation                                            82
87   How various Acts affect jointly vested sites                 83
88   Title to jointly vested sites                                84
        General provisions relating to vesting of properties
89   Properties vest subject to, or together with, encumbrances   85
90   Registration of ownership                                    85
91   Application of Part 4A of Conservation Act 1987              86
92   Recording application of Part 4A of Conservation Act         86
     1987 and sections of this Part
93   Application of other enactments                              87
94   Provisions of other Acts that have same effect for jointly   88
     vested sites
95   Non-cultural redress properties                              88
                Provisions relating to reserve sites
96   Application of Reserves Act 1977 to reserve sites            88
97   Subsequent transfer of reserve land                          89




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                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill


                  Provisions relating to forest sites
98    CNI forests sites                                          90
99    Removal of Crown forestry licence memorial                 91
                           Tangiharuru title
100   Registration of land in name of Tangiharuru                91
                  Vesting and gift back of Tāwhiuau
101   Tāwhiuau                                                   92
             Rangitaiki River Management Framework
102   Definitions for sections 103 to 129                        94
103   Acknowledgements                                           94
                        Rangitaiki River Forum
104   Establishment and purpose of Forum                         94
105   Functions of Forum                                         95
106   Capacity                                                   96
107   Procedures of Forum                                        96
108   Members of Forum                                           96
109   Chair and deputy chair                                     97
110   Standing orders                                            97
111   Meetings of Forum                                          98
112   Decision making                                            98
113   Conflict of interest                                       99
114   Application of other statutory provisions                  99
115   Forum to be open and inclusive                             99
116   Administrative and technical support of Forum              99
                     Rangitaiki River Document
117   Preparation and approval of the Rangitaiki River           100
      Document
118   Contents of the Rangitaiki River Document                  100
119   Effect on Resource Management Act 1991 planning            100
      documents
120   Effect on conservation planning documents                  102
      Process for preparation and approval of Rangitaiki River
                              Document
121   Preparation of draft River Document                        102
122   Notification and submissions on draft River Document       102
123   Approval of River Document                                 103
124   Review of, and amendments to, River Document               104



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                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill


                         Recognition of tuna
125   Recognition of the habitat of tuna                         104
                    Joint management agreements
126   Duty to make joint management agreement                    104
127   Scope of joint management agreements                       105
128   Legal framework                                            105
129   Horomanga Wash local purpose reserve                       105
                         Commercial redress
130   Transfer of deferred selection properties                  105
131   Registrar-General to create a computer freehold register   106
132   Application of other enactments                            106
                              Part 2
                           Ngāti Whare
                          Purpose of Part
133   Purpose                                                    107
134   Act binds the Crown                                        108
135   Outline                                                    108
                         Historical account
136   Account                                                    109
                  Crown acknowledgements
137   Acknowledgements                                           126
                            Crown apology
138   Apology                                                    129
                           Interpretation
139   Intention of Act generally                                 130
140   Interpretation                                             130
141   Meaning of Ngāti Whare                                     138
142   Meaning of historical claim                                139
                   Settlement of historical claims
143   Settlement of historical claims                            140
144   Amendment to the Treaty of Waitangi Act 1975               141
145   Certain enactments do not apply                            141
146   Removal of memorials                                       141
                       Miscellaneous matters
147   Rule against perpetuities does not apply                   142
148   Timing of actions or matters                               142


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                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill


149   Access to deed of settlement                               143
                            Cultural redress
             Whirinkai Te Pua-a-Tāne Conservation Park
150   Crown acknowledgement                                      143
151   Whirinaki conservation management plan to be prepared      143
152   Preparation of draft plan                                  143
153   Notification of draft plan                                 144
154   Availability of draft plan                                 144
155   Hearing of submissions on draft plan                       144
156   Revision of draft plan                                     145
157   Referral of draft plan to Conservation Authority and       146
      Minister
158   Approval of draft plan                                     146
159   Conservation Authority to make recommendation on           147
      disagreement
160   Approval of draft plan following recommendation            147
161   Mediation                                                  147
162   Reviews of Whirinaki Plan                                  148
163   Amendments to Whirinaki Plan                               149
164   Application of Conservation Act 1987                       149
165   Areas added                                                150
       Te Whāiti-Nui-a-Toi Canyon and Tūwatawata specially
                            protected areas
166   Crown acknowledgement                                      150
167   Te Whāiti-Nui-a-Toi Canyon                                 150
168   Tūwatawata                                                 151
169   Restrictions on activities                                 151
170   Application of Conservation Act 1987                       151
                  Whirinaki regeneration project
171   Te Pua o Whirinaki Regeneration Trust                      152
                         Protocols and accord
172   Authority to issue, amend, or cancel accord or protocols   152
173   Accord and protocols subject to rights, functions, and     153
      obligations
174   Enforceability of conservation accord and protocols        153
175   Conservation accord                                        154
176   Fisheries protocol                                         154
177   Taonga tūturu protocol                                     155
178   Crown minerals protocol                                    155


                                                                   7
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill


                      Statutory acknowledgement
179   Statutory acknowledgement by the Crown                         155
180   Purposes of statutory acknowledgement                          155
181   Relevant consent authorities to have regard to statutory       156
      acknowledgement
182   Environment Court to have regard to statutory                  156
      acknowledgement
183   Historic Places Trust and Environment Court to have            157
      regard to statutory acknowledgement
184   Recording statutory acknowledgement on statutory plans         157
185   Distribution of resource consent applications to trustees of   158
      Te Rūnanga o Ngāti Whare
186   Use of statutory acknowledgement                               159
187   Meaning of river in statutory acknowledgements and             159
      deeds of recognition
                        Deeds of recognition
188   Authorisation to enter into and amend deeds of                 160
      recognition
                          General provisions
189   Exercise of powers and performance of duties and               161
      functions
190   Rights not affected                                            161
191   Limitations of rights                                          161
         Amendment to Resource Management Act 1991
192   Amendment to Resource Management Act 1991                      161
                         Advisory committees
193   Fisheries advisory committee                                   162
194   Fisheries (conservation) advisory committee                    162
                         Geographic names
195   Interpretation                                                 162
196   New official geographic name                                   163
197   Publication of new official geographic name                    163
198   Alteration of new official geographic name                     163
199   When new official geographic name takes effect                 163
             Crown may provide other similar redress
200   Crown may provide other similar redress                        163




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                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill


                         Vesting of properties
                     Sites that vest in fee simple
                          Regeneration land
201   Pareranui site                                               164
202   Tauranga-o-Reti site                                         164
203   Te Teko site                                                 164
204   Mangamate Kāinga site                                        164
205   Wekanui Kāinga                                               165
206   Otahi Kāinga                                                 165
207   Te Pukemohoao Kāinga                                         165
208   Matuatahi Pā                                                 165
209   Balance of the Regeneration Land                             165
210   Subsequent vesting of regeneration land                      165
                           Wāhi tapu sites
211   Otutakahiao site                                             166
212   Waimurupūhā site                                             166
213   Mangamate Falls site                                         166
214   Te Takanga-a-Wharepakau site                                 167
                           Jointly vested sites
215   Hināmoki Pā site                                             167
216   Okārea Pā site                                               168
217   Te Rake Pā site                                              168
218   Te Tāpiri Pā site                                            168
219   Māori reservation                                            169
220   How various Acts affect jointly vested sites                 170
221   Title to jointly vested sites                                171
         General provisions relating to vesting of properties
222   Properties vest subject to, or together with, encumbrances   172
223   Registration of ownership                                    172
224   Application of Part 4A of Conservation Act 1987              173
225   Recording application of Part 4A of Conservation Act         173
      1987 and sections of this Part
226   Application of other enactments                              174
227   Provisions of other Acts that have same effect for jointly   175
      vested sites
228   Non-cultural redress properties                              175
                 Provisions relating to reserve sites
229   Application of Reserves Act 1977 to reserve sites            175
230   Subsequent transfer of reserve land                          175


                                                                     9
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill


                  Provisions relating to forest sites
231   CNI forests sites                                          177
232   Removal of easement from former Crown forest land          178
233   Removal of Crown forestry licence memorial                 178
                           Wharepakau title
234   Registration of land in name of Wharepakau                 178
235   How various Acts affect protected land                     180
             Rangitaiki River Management Framework
236   Definitions for sections 237 to 263                        181
237   Acknowledgements                                           181
                        Rangitaiki River Forum
238   Establishment and purpose of Forum                         182
239   Functions of Forum                                         182
240   Capacity                                                   183
241   Procedures of Forum                                        183
242   Members of Forum                                           183
243   Chair and deputy chair                                     184
244   Standing orders                                            185
245   Meetings of Forum                                          185
246   Decision making                                            186
247   Conflict of interest                                       186
248   Application of other statutory provisions                  186
249   Forum to be open and inclusive                             187
250   Administrative and technical support of Forum              187
                     Rangitaiki River Document
251   Preparation and approval of the Rangitaiki River           187
      Document
252   Contents of the Rangitaiki River Document                  188
253   Effect on Resource Management Act 1991 planning            188
      documents
254   Effect on conservation planning documents                  189
      Process for preparation and approval of Rangitaiki River
                              Document
255   Preparation of draft River Document                        190
256   Notification and submissions on draft River Document       190
257   Approval of River Document                                 191
258   Review of, and amendments to, River Document               191




10
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill               cl 2


                         Recognition of tuna
259   Recognition of the habitat of tuna                     192
                    Joint management agreements
260   Duty to make joint management agreement                192
261   Scope of joint management agreements                   192
262   Legal framework                                        193
263   Horomanga Wash local purpose reserve                   193
                            Schedule 1                       194
                          Statutory areas
                            Schedule 2                       195
                          Pou rāhui sites
                           Schedule 3                        196
           Cultural and non-cultural redress properties
                            Schedule 4                       214
                     Specially protected areas
                            Schedule 5                       215
                          Statutory areas
                           Schedule 6                        216
           Cultural and non-cultural redress properties



The Parliament of New Zealand enacts as follows:

1     Title
      This Act is the Ngāti Manawa and Ngāti Whare Claims Settle-
      ment Act 2010.

2     Commencement
      This Act comes into force on the day after the date on which 5
      it receives the Royal assent.




                                                               11
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 3               Claims Settlement Bill


                             Part 1
                          Ngāti Manawa
                          Purpose of Part
3       Purpose
        The purpose of this Part is—                                    5
        (a) to record the acknowledgements and the apology of-
              fered by the Crown to Ngāti Manawa in the deed of
              settlement dated 12 December 2009 and signed by—
              (i)    the Minister for Treaty of Waitangi Negotiations,
                     the Honourable Christopher Finlayson, and the 10
                     Minister of Māori Affairs, the Honourable Dr
                     Pita R Sharples; and
              (ii) William Bird, Robert Jenner, Patrick McManus,
                     Maurice ToeToe, Louis McManus, Pouwhare
                     Rewi, Ema Kalman, Hiraani Stafford, and Henry 15
                     Nuku:
        (b) to give effect to certain provisions of the deed of settle-
              ment, which is the deed that settles the Ngāti Manawa
              historical claims.

4       Act binds the Crown                                             20
        This Part binds the Crown.


5       Outline
(1)     This section is a guide to the overall scheme and effect of this
        Part, but does not affect the interpretation or application of
        the other provisions of this Part or of the deed of settlement. 25
(2)     Section 6 sets out the historical account given in Part 2 of the
        deed of settlement.
(3)     Sections 3, 4, and 7 to 19—
        (a) set out the purpose of this Part, record the acknow-
               ledgements and apology given by the Crown to Ngāti 30
               Manawa in the deed of settlement, and specify that the
               Act binds the Crown; and
        (b) define terms used in this Part, including key terms such
               as Ngāti Manawa and historical claims; and
        (c) provide for—                                                 35


12
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill               Part 1 cl 5


            (i)     the effect of the settlement on the jurisdiction of
                    a court, tribunal, or other judicial body in respect
                    of the historical claims; and
             (ii) consequential amendments to the Treaty of Wai-
                    tangi Act 1975; and                                     5
             (iii) the effect of the settlement on certain memorials;
                    and
             (iv) the exclusion of the law against perpetuities, the
                    timing of actions or matters provided for in this
                    Part, and access to the deed of settlement.             10
(4)   Sections 20 to 129 provide for cultural redress, including—
      (a) an overlay classification for 1 site; and
      (b) protocols to be issued to the trustees of Te Rūnanga
             o Ngāti Manawa by the Minister of Conservation, the
             Minister of Fisheries, the Minister of Energy and Re-          15
             sources, and the Minister for Arts, Culture and Heritage;
             and
      (c) an acknowledgement by the Crown of the statements
             made by Ngāti Manawa of their cultural, spiritual,
             historical, and traditional association with 10 statutory      20
             areas, and the effect of that acknowledgement; and
      (d) deeds of recognition between the Crown and the
             trustees of Te Rūnanga o Ngāti Manawa; and
      (e) the 2 advisory committees; and
      (f)    27 pou rāhui sites; and                                        25
      (g) the alteration of place names; and
      (h) the vesting in the trustees of Te Rūnanga o Ngāti Man-
             awa of the fee simple estate in 20 cultural redress prop-
             erties and 2 non-cultural redress properties (including
             4 jointly vested sites) and subsequent management ar-          30
             rangements in relation to various sites; and
      (i)    the vesting and giftback of 1 site.
(5)   Sections 130 to 132 provide for commercial redress, in-
      cluding the transfer of the deferred selection properties to the
      trustees of Te Rūnanga o Ngāti Manawa in accordance with              35
      the deed of settlement.
(6)   There are 3 schedules that—
      (a) describe the 10 statutory areas to which the statutory
             acknowledgements relate; and

                                                                      13
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 6               Claims Settlement Bill


        (b)   describe the 27 pou rāhui sites; and
        (c)   describe the 20 cultural redress properties and 2 non-
              cultural redress properties (including 4 jointly vested
              sites).

                         Historical account                              5
6       Account
        Introduction
(1)     This historical account describes the relationship between the
        Crown and Ngāti Manawa between 1840 and 1992 and identi-
        fies Crown actions which have caused grievance to Ngāti Man-     10
        awa over the generations. It provides context for the Crown’s
        acknowledgements of its Treaty breaches against Ngāti Man-
        awa and for the Crown’s apology to Ngāti Manawa. This his-
        torical account covers the following topics:
        (a) Ngāti Manawa; and                                            15
        (b) The New Zealand Wars and Ngāti Manawa; and
        (c) Crown Campaign Against Te Kooti and the Whakarau;
               and
        (d) The Native Land Laws and Ngāti Manawa; and
        (e) Ngāti Manawa Leases; and                                     20
        (f)    Native Land Court Hearings; and
        (g) Crown Purchases of Ngāti Manawa Lands 1878-1881;
               and
        (h) Ngāti Manawa and the Native Land Court 1882-1893;
               and                                                       25
        (i)    Crown Purchasing in the 1890s amid continuing Ngāti
               Manawa Poverty; and
        (j)    The Establishment of the Urewera District Native Re-
               serve; and
        (k) Implementation of the Urewera District Native Reserve        30
               Act 1896; and
        (l)    The Urewera Commission Determines Titles; and
        (m) Continuing Crown Purchasing in the Twentieth Cen-
               tury; and
        (n) The Urewera District Reserve Consolidation Scheme;           35
               and
        (o) Ngāti Manawa Reserves; and


14
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill              Part 1 cl 6


      (p)   Rivers and Freshwater Fisheries; and
      (q)   Land Development Schemes; and
      (r)   Farms for Returned Servicemen; and
      (s)   Further Crown Acquisitions of Ngāti Manawa Land for
            the Forestry Industry; and                          5
      (t)   Forestry and Post 1984 Restructuring.
      Ngāti Manawa
(2)   The Ngāti Manawa rohe is a vast geographical area bounded
      by the Ika Whenua ranges in the east, the Taupo/Napier high-
      way to the south, the western edge of the Kaingaroa plains and       10
      the southern edge of Rerewhakaaitu to the north.
(3)   Tangiharuru journeyed from the Waikato to the Bay of Plenty
      with a group that included his uncle Wharepakau and con-
      quered the Marangaranga, the original people of the Rangi-
      taiki valley. Tangiharuru lit a beacon fire at Hināmoki to signal    15
      their victory. Ngāti Manawa subsequently established many
      kāinga, moving seasonally within their rohe to use the re-
      sources of the Kuhawaea and Kaingaroa Plains to sustain their
      people. The climate ranged from very cold, wet winters to ex-
      tremely hot, dry summers. Ngāti Manawa learned to survive            20
      in this environment by maintaining a fine balance of use and
      regeneration of resources for both their own use and for trade
      with other hapū and iwi.
(4)   The Rangitaiki River is the tipuna awa and living taonga of
      Ngāti Manawa. Its eel fishery was and remains vital to Ngāti         25
      Manawa’s traditional economy and the river provided a valu-
      able transport and trading route.
(5)   Ngāti Manawa had a number of hapū, each under the leader-
      ship of its chiefs. They were in turn led by an ariki selected
      by all hapū to lead the iwi. The role of the ariki was to safe-      30
      guard the social, economic and political welfare of the people
      and to defend its mana whenua. Chiefs had authority over
      the lands they managed and defended under traditional land
      tenure arrangements in which lands were utilised for whanau
      and hapū benefit. Ngāti Manawa held and managed their rivers         35
      and lands in accordance with tikanga.
(6)   Ngāti Manawa had little contact with the Crown until the early
      1860s and the Crown did not try to exercise authority in their


                                                                     15
                    Ngāti Manawa and Ngāti Whare
Part 1 cl 6              Claims Settlement Bill


        region during this period. The Rangitaiki Valley was the eas-
        iest route inland to and from the Urewera, Hawke’s Bay and
        the Bay of Plenty. By the early 1860s Ngāti Manawa were en-
        gaged in negotiations with settlers who wished to lease land
        from them. Ngāti Manawa chiefs had a clear preference to re- 5
        tain ownership of their lands while deriving a cash income.
     The New Zealand Wars and Ngāti Manawa
(7)  In 1856 Ngāti Manawa attended a hui with other Māori at
     Pūkawa at which a number of matters were discussed includ-
     ing land issues and the possible establishment of a Māori King.   10
     This eventually led to the establishment of the King movement
     or Kingitanga. Māori could choose to place their lands under
     the protection of a Māori King. The Crown considered the
     Kingitanga to be a challenge to its sovereignty. While sym-
     pathetic to the Kingitanga, Ngāti Manawa took a neutral ap-       15
     proach.
(8) War broke out between the Crown and Māori in the early 1860s
     in Taranaki and later in the Waikato. In early 1864 Rewi Ma-
     niapoto, a chief from the Waikato region, appealed to Ngāti
     Manawa for assistance. Takarua Korakaitoki and his wife           20
     Rawinia travelled to the Waikato and were wounded at a battle
     at Ōrākau.
(9) In late 1864 prophets of the Pai Mārire religious movement
     (which was popular among Kingitanga Māori) arrived in the
     eastern Bay of Plenty. They met with Ngāti Manawa and             25
     others at Tauaroa and got a mixed reaction.
(10) Actions by some Māori from other iwi, associated with Pai
     Mārire, alarmed the Government. In April 1865 the Govern-
     ment proclaimed that it would use all the means in its power to
     suppress the fanatical doctrines it associated with Pai Mārire    30
     and called upon all “well disposed” persons to assist them.
(11) Ngāti Manawa considered that the conflict between the Crown
     and Pai Mārire adherents was likely to spread to their lands
     and would force a response from them. They met with Ngāti
     Whare at Whatatara to decide what to do. It was agreed that       35
     some would join Pai Mārire and others would join the Gov-
     ernment. Ngāti Manawa decided to support the Government.
     They and their allies fortified a Pā at Te Tāpiri. It became


16
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill              Part 1 cl 6


       known that Pai Mārire emissaries were intending to move
       through the Rangitaiki region towards the Waikato. Ngāti
       Manawa warned them against crossing through their rohe.
(12)   In May 1865 the Pai Mārire group and their allies laid siege to
       Te Tāpiri. The defenders were led by Peraniko Tahawai. Other        5
       prominent Ngāti Manawa involved in the siege were Rewi
       Rangiamio, Te Wiremu Enoka, and the prophetess Hinekou,
       the wife of Mānuka Te Mauparaoa. The defenders exhausted
       their ammunition and food supplies and broke out of the pā on
       7 June 1865. They were pursued to the Wheao River by the            10
       Pai Mārire group, before a relieving column of Government
       troops and allies drove the pursuers off.
(13)   The engagement at Te Tāpiri had significant consequences for
       Ngāti Manawa’s relationship with the Crown. It also began a
       period of conflict with neighbouring iwi with whom they had         15
       close whanaunga ties.
(14)   After Te Tāpiri Ngāti Manawa had to abandon their pā and
       cultivations in the Rangitaiki Valley. They were cut off from
       their traditional economic resources for more than a year while
       living as refugees in Rotorua.                                      20
(15)   Ngāti Manawa lived in exile for more than a year during which
       time their lands were plundered. They returned to the Rangi-
       taiki Valley in September 1866, and built a new meeting house
       and a number of whare at Motumako. They also had to replant
       their cultivations.                                                 25
(16)   After their return from exile Ngāti Manawa began negotiat-
       ing to restore their relationships with their neighbouring iwi
       who had fought against the Crown. In recognition of Ngāti
       Manawa’s military service, the Crown awarded them land near
       Matata and presented them with a flag “Te Aroha o Kuini Wik-        30
       itoria”. Ngāti Manawa knew that the land at Matata belonged
       to another iwi.
     Crown Campaign Against Te Kooti and the Whakarau
(17) In July 1868 Te Kooti Arikirangi led an escape by Māori who
     had been imprisoned by the Crown on the Chatham Islands 35
     without trial for over two years. The Crown set out to appre-
     hend Te Kooti and his followers (known as the Whakarau) and
     was soon engaged in war on the East Coast against them. Early

                                                                     17
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 6               Claims Settlement Bill


        in 1869 the Whakarau retreated into the Urewera and forged a
        covenant with some iwi leaders there.
(18)    The Whakarau and their allies attacked Ngāti Manawa at Mo-
        tumako in March 1869. Ngāti Manawa were again forced into
        exile at Rotorua as their rohe became a war zone and was once      5
        more too unsafe for them to remain. In May 1869 the Crown
        renewed its campaign against the Whakarau. The Crown es-
        tablished a number of redoubts in the Rangitaiki region, in-
        cluding an important base, Fort Galatea, near Kāramuramu in
        the heart of Ngāti Manawa’s rohe. A number of Ngāti Man-           10
        awa were enrolled in companies of the Armed Constabulary
        which used Fort Galatea as a base. The Ngāti Manawa troops
        were not well provisioned by the Crown.
(19)    For the next four years Ngāti Manawa were disconnected from
        their homes, cultivations and traditional resources and many       15
        of their men were away from their whanau while on military
        duty.
(20)    The return of warfare to their rohe again forced Ngāti Manawa
        to act. They generally allied with the Crown between 1868
        and 1872. However, the war situation posed difficult choices       20
        of allegiance for Ngāti Manawa. Harehare Atarea recorded
        that he had unsuccessfully attempted in 1869 to protect his
        whanau from an iwi fighting on the other side of the conflict at
        Te Harema by positioning himself at the front of the Crown’s
        attacking forces. He stated that he felt great shame that he was   25
        unable to prevent the killing of his close relatives. Although
        they generally maintained their alliance with the Crown, it is
        a Ngāti Manawa tradition that Harehare scouted for Te Kooti
        at one time.
(21)    Several neighbouring iwi surrendered to the Crown forces in        30
        May and June 1870. Te Kooti remained at large and Ngāti
        Manawa warriors played an active part in the Crown’s pursuit
        of him until he found sanctuary in the Waikato in 1872.
(22)    The war years had significant long-term economic, social and
        other consequences for Ngāti Manawa. Because they gener-           35
        ally allied with the Crown they were labelled, by some, as kū-
        papa.



18
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 1 cl 6


(23) Both sides of the conflict had lived off the land and used a
     “scorched earth” policy of plundering its resources in order to
     stop the other side using them. One impact of the scorched
     earth campaigns was that it wiped out seed stores and de-
     stroyed agricultural equipment. When Ngāti Manawa returned 5
     to their rohe in 1872 they had to again begin replanting their
     cultivations and re-establishing their eel weirs and other re-
     sources. The Crown did not compensate Ngāti Manawa for
     the damage to their lands. In 1873 and 1875 Ngāti Manawa
     had to ask the government for flour, grape seed and other sup- 10
     plies because they were in economic difficulty.
(24) The damage inflicted on their food sources by Crown forces
     and others upset the fine balance of Ngāti Manawa’s traditional
     economy and left them with little option but to engage with the
     newly emerging cash economy to improve their economic cir- 15
     cumstances. In the years after the war they adopted a strategy
     of leasing rather than selling land to try to generate a regular
     cash income.
     The Native Land Laws and Ngāti Manawa
(25) Ngāti Manawa could not, however, legally sell or lease their        20
     land without a title from the Native Land Court. Neither could
     they pledge it as security to enable the development of their
     land. The Crown had established the Native Land Court under
     the Native Land Acts of 1862 and 1865. Its role was to deter-
     mine the ownership of Māori land “according to native cus-          25
     tom”, and convert customary title into title derived from the
     Crown. The titles provided for by the new land laws gave
     rights to individual Ngāti Manawa to sell and lease land in the
     same way that Pākehā could. This was a significant change
     from the communal land ownership recognised in custom-              30
     ary tenure. The Court was not designed to accommodate all
     the complex and fluid customary land usages of Māori within
     its processes, because it assigned permanent ownership. It
     was expected by the Crown that changes to land tenure would
     eventually lead Māori to abandon their traditional tribal and       35
     communal approach to land holdings. The Crown did not con-
     sult with Ngāti Manawa on the Native Land Acts.
(26) An investigation of title could be initiated by any Māori. In
     most cases the land was surveyed, and then the Court would

                                                                   19
                    Ngāti Manawa and Ngāti Whare
Part 1 cl 6              Claims Settlement Bill


        hear the cases of the claimants and counter claimants. Ngāti
        Manawa first attended Native Land Court hearings in 1868
        when another iwi made an application for what became the
        Kaingaroa 2 block. However, the warfare and political turbu-
        lence of the region delayed significant Ngāti Manawa engage- 5
        ment with the Court for another decade.
     Ngāti Manawa Leases
(27) In the 1870s and 1880s the Crown employed several land pur-
     chase agents to negotiate with Māori in an attempt to open the
     central North Island to Pākehā settlement. One of its agents,      10
     Gilbert Mair, had led Crown forces based at Fort Galatea dur-
     ing the war with Te Kooti, and already had a close relationship
     with Ngāti Manawa leaders.
(28) In 1873 Ngāti Manawa began negotiating to lease the Kain-
     garoa 1 block to a Crown official (acting in a private cap-        15
     acity). They received a £400 deposit, but the Crown was also
     interested in this land, and objected to its officials compet-
     ing against it. The official relinquished his private lease, and
     helped Crown purchase agents secure a lease for the Govern-
     ment. The Crown paid an advance of rent of £250 in February        20
     1875 when 89 Ngāti Manawa signed a deed to lease it an esti-
     mated 136,000 acres.
(29) In 1874 Ngāti Manawa decided to lease the Kuhawaea block
     to a private party. In March 1874 the Crown paid advances
     of £100 each to secure Ngāti Manawa agreement to lease             25
     Pukahunui and Heruiwi. Deeds of lease were signed in
     February 1875.
(30) The Crown preferred to purchase land outright rather than
     lease it. However it was prepared to lease land in order to
     prevent private parties from establishing interests in land the    30
     Crown wished to purchase. By entering into lease agreements
     with Ngāti Manawa the Crown established the sole right to
     purchase their lands for a period. The lease agreements pro-
     vided that Ngāti Manawa could not alienate any interest in the
     leased land to anyone other than the Crown.                        35
(31) Aside from its initial deposits the Crown refused to pay rent
     on the leased land until the Court had determined title because
     of the risk the Court would decide the owners of the land were


20
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 1 cl 6


     not those who agreed to the lease. The operation of the Court
     was, however, suspended in the Bay of Plenty region between
     1873 and 1877 in response to growing Māori dissatisfaction
     with it. One Crown land purchase agent later testified that it
     was also done “to discourage the interference of private in-        5
     dividuals with Government negotiations”. The suspension of
     the Court meant that ownership of land could not be judicially
     determined and land titles issued.
(32) Ngāti Manawa’s leases would have generated an annual in-
     come of £850 had all the lessees begun paying rent as soon as       10
     they had signed their lease agreements. However, the Crown’s
     policy meant that Ngāti Manawa only received £400 from the
     private lease of Kuhawaea until land title was confirmed by
     the Native Land Court.
(33) Floods destroyed Ngāti Manawa crops in 1877. The same year          15
     a newspaper reported that the Government had refused to help
     its 1860s ally Peraniko, a “well known rangatira of the Ngāti
     Manawa”, by refusing to grant him a pension and “permitting
     him to die like a dog for want of medical aid and nourishment”.
     Infectious diseases hit Ngāti Manawa hard and by 1878 their         20
     population was in serious decline.
     Native Land Court Hearings
(34) In March 1878 the Crown issued a proclamation declaring
     that Kaingaroa 1, Pukahunui and Heruiwi were under nego-
     tiation for purchase or acquisition by the Crown. All other 25
     parties were prohibited from acquiring any interest in these
     blocks. The Native Land Court was about to conduct title in-
     vestigations into these and other lands in which Ngāti Manawa
     claimed an interest.
(35) Ngāti Manawa wanted the Native Land Court hearings into the 30
     Kaingaroa 1, Kāramuramu, Pukahunui and Heruiwi blocks to
     take place at Karatia to minimise disruption and expense to
     them. The Court opened there in June 1878, but other iwi ob-
     jected to this choice of venue and for a number of reasons the
     Court was adjourned to Matata (60 kilometres away) despite 35
     strong protests by Ngāti Manawa.
(36) The three months of title investigations at Matata strained
     Ngāti Manawa resources and greatly disrupted their home


                                                                   21
                   Ngāti Manawa and Ngāti Whare
Part 1 cl 6             Claims Settlement Bill


     routines. There was insufficient food for those attending the
     hearings. In August 1878, during the hearings for Kaingaroa
     1, Ngāti Manawa told the Court that, as the Government had
     brought them to Matata, it ought to provide them with food
     now that they had exhausted their supplies.                      5
(37) The Court’s processes also imposed a considerable economic
     burden on Ngāti Manawa. The land surveys that had to be
     performed before the Court would investigate titles were ex-
     pensive. The cost of the surveys for Heruiwi, and Kaingaroa 1
     exceeded a year’s annual rent and that charged for Pukahunui     10
     was more than five times the annual rent.
(38) Ngāti Manawa were awarded title to the Kaingaroa 1, Kāramu-
     ramu, Pukahunui and Heruiwi blocks. They sought the listing
     of more than 300 individuals on the title to Kaingaroa 1 in-
     cluding people from other iwi they recognised as also having     15
     interests in the block. Crown agents, however, endeavoured
     to persuade Ngāti Manawa to reduce the number of people on
     the list to make the lease easier to complete. The matter was
     deferred as Ngāti Manawa could not agree who should be on
     the list. In 1879 the Native Land Court approved a list of 31    20
     owners handed in by Ngāti Manawa.
(39) Ngāti Manawa also participated in the 1878 title investigation
     into the Kaingaroa 2 block but their claim was rejected by the
     Court. Ngāti Manawa’s request for a rehearing was refused.
     While dissatisfied claimants could make such requests there      25
     was no provision for appeals against Native Land Court deci-
     sions until 1894.
     Crown Purchases of Ngāti Manawa Land 1878–1881
(40) At the end of the 1878 Native Land Court hearings Ngāti
     Manawa offered Kaingaroa 1 for sale to the Crown. The 30
     proclamations prohibiting alienations to private parties of
     this and the other Ngāti Manawa blocks brought before the
     Native Land Court remained in place, and gave the Crown the
     advantage of negotiating in a monopoly market position. The
     purchase negotiations took some time and in June 1879 Hare- 35
     hare Atarea and others wrote the Government that all Ngāti
     Manawa agreed to the sale of Kaingaroa 1. The Government
     had paid nearly £500 in rent and survey costs by the time


22
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill               Part 1 cl 6


       Kaingaroa 1 was first offered for sale. It now treated these
       payments as a deposit on the purchase.
(41)   Once the Crown was in purchase negotiations with Ngāti Man-
       awa it was prepared to pay advances of purchase money to
       Ngāti Manawa so they could meet the costs of attending the           5
       Native Land Court hearings. It is not clear whether Ngāti Man-
       awa accepted or understood the basis of these payments. The
       Crown paid an additional £1,837, including at least £339 for
       food consumed at Native Land Court hearings.
(42)   In late October and early November 1880 the Native Land              10
       Court held a rehearing of the Kaingaroa 1 block, and confirmed
       Ngāti Manawa’s title. Following the rehearing Ngāti Manawa
       wanted to submit a list of 120 owners but agreed to a Crown
       agent’s request to submit a list of 28 owners to make the pur-
       chase easier to complete. The Crown’s purchase of 103,393            15
       acres was completed in December 1880. The purchase price
       was £7,754. The Crown’s purchase agent found the accounts
       detailing what had already been paid “confusing and compli-
       cated”. An entry in the Native Land Purchase Department
       ledger account records that £5,650 was paid at the time the          20
       deed was signed. In 1926 Harehare Atarea testified at an in-
       quiry into Ngāti Manawa reserves. At that time he stated that
       he remembered receiving £2,000 as did Rawiri and that they
       distributed this to everybody. Rewi Rangiomio received £500
       and distributed this also. Nine hundred pounds was distributed       25
       by three others. Ngāti Manawa’s oral traditions are silent re-
       garding this significant event.
(43)   Ngāti Manawa continued their strategy of trying to generate a
       regular cash income by leasing land. They wanted to complete
       the leases for Pukahunui and Heruiwi but the Crown required          30
       the signing of new deeds with those recognised as the owners
       by the Native Land Court. It took some time to secure Ngāti
       Manawa agreement to those deeds.
(44)   By the early 1880s the Crown was withdrawing from nearly
       all of its lease agreements. The Heruiwi owners signed a new         35
       deed of lease by mid 1880, but the Crown declined to pay
       any further rent. Crown officials disregarded Ngāti Manawa’s
       wish for the lease to continue and instead tried to purchase the
       block in 1881. Ngāti Manawa received an offer for this block,

                                                                      23
                    Ngāti Manawa and Ngāti Whare
Part 1 cl 6              Claims Settlement Bill


     from a private party, that was several thousand pounds greater
     than the Crown was willing to pay, but the Crown refused to lift
     the 1878 proclamation prohibiting alienation of land to private
     parties.
(45) A Crown purchase agent met with several groups of Heruiwi           5
     owners before trying to purchase the interests of as many in-
     dividual owners as possible. The Crown agreed to pay £500
     back rent in the final purchase negotiations. On the basis of the
     Crown’s acquisition of individual interests the Court awarded
     it nearly 20,910 out of the 24,394 acres in the block in 1881.      10
     The Crown did not continue leasing the remainder of the block.
(46) Most of the owners of the Pukahunui block signed a new deed
     of lease but in 1881 the Crown decided to try to purchase the
     block. Ngāti Manawa did not wish to sell all of Pukahunui
     to the Crown and instead offered to refund the Crown’s ear-         15
     lier advances of rent. The Crown insisted on having land for
     the rent and survey costs it had paid before it would lift its
     proclamation prohibiting private parties from negotiating for
     the block. In 1881 Ngāti Manawa agreed to the Native Land
     Court awarding the Crown 5,500 acres in Pukahunui. This in-         20
     cluded the best land in the 46,470 acre block.
(47) By the end of 1881 the Crown had purchased approximately
     130,000 acres of Ngāti Manawa land that it had originally
     agreed to lease.
     Ngāti Manawa and the Native Land Court 1882–1893               25
(48) The title investigation for Kuhawaea took place at Whakatāne
     in September 1882. Attending Native Land Court hearings a
     long distance from home continued to create difficulties for
     Ngāti Manawa. In 1884, when requesting a hearing for Whiri-
     naki, Rawiri Parākiri wrote the Chief Judge of the Native Land 30
     Court that Ngāti Manawa had suffered greatly from earlier
     hearings at Matata and Whakatāne. The impact on Ngāti Man-
     awa was the burden of food and accommodation costs at hear-
     ings as well as disruption to their harvesting and cultivation
     work at home.                                                  35
(49) As with Kaingaroa 1, Ngāti Manawa attempted to accommo-
     date the interests of neighbouring iwi in the title they and
     their close kin were awarded for Kuhawaea. Another iwi who


24
                     Ngāti Manawa and Ngāti Whare
                          Claims Settlement Bill              Part 1 cl 6


       claimed interests in this block declined, on principle, to par-
       ticipate in the Native Land Court hearings. Nevertheless Ngāti
       Manawa included several from this iwi on the list of owners.
(50)   The challenges facing Ngāti Manawa in the 1880s were ex-
       acerbated by the depression which afflicted the New Zealand          5
       economy at this time. One impact of the depression was that
       the Government scaled back its land purchasing. After com-
       pleting the Heruiwi and Pukahunui purchases the Government
       did not purchase any additional Māori land until the 1890s.
(51)   Ngāti Manawa agreed to several large sales to private parties        10
       in 1882 and 1883. Ngāti Manawa hoped that these sales would
       lift the iwi out of poverty. The balance of the Pukahunui block
       that the Native Land Court had not awarded to the Crown was
       sold in 1882. The 21,694 acres of Kuhawaea were sold to the
       lessee of the land in 1883.                                          15
(52)   In the early 1880s Ngāti Manawa were farming a flock of 2,000
       sheep at Kāramuramu. Despite this, Ngāti Manawa were still
       in distressed economic circumstances in 1885. At this time a
       school inspector described the circumstances of the children at
       Galatea as “anything but cheering” and urged the Government          20
       to give them any help possible.
(53)   The Court investigated the title to the Pohokura block in Hast-
       ings in March 1885 on the application of another iwi. Ngāti
       Manawa were not aware of the proposed hearings before they
       started and did not participate in them. They sent a list of four    25
       Ngāti Manawa names to the Court, but these were not included
       in the list of owners awarded title. Ngāti Manawa success-
       fully applied for a rehearing and in November 1885 the Court
       directed the addition of the Ngāti Manawa names to the Po-
       hokura title. Ngāti Manawa sought some financial relief by           30
       selling their interests in the Pohokura lands in February 1886.
(54)   The June 1886 Tarawera eruption forced Ngāti Manawa to
       abandon their main settlement at Kāramuramu and seek shel-
       ter and food in the forests of Heruiwi.
(55)   The Whirinaki and Heruiwi 4 blocks were the only large               35
       blocks claimed by Ngāti Manawa that did not pass through
       the Native Land Court before the end of the 1880s. In the mid
       1880s Ngāti Manawa chiefs requested that title investigations


                                                                      25
                    Ngāti Manawa and Ngāti Whare
Part 1 cl 6              Claims Settlement Bill


     for these blocks take place at Te Teko and Kāramuramu but
     both were heard at Whakatāne between October and Decem-
     ber 1890, in the middle of the planting season and during
     an influenza epidemic. Some years later a Crown official
     reported to the Government that it was his opinion that Ngāti 5
     Manawa had spent:
     “many thousands of pounds through being forced to attend the
     Land Court at Whakatāne, to say nothing of sickness and death
     caused by want of proper food and accommodation.”
(56) The Court divided Heruiwi between Ngāti Manawa and other 10
     iwi. Ngāti Manawa were unhappy that an urupā had not been
     included in their award and applied for a rehearing. The Court
     declined on the basis of its belief that another iwi had more
     dead buried in the urupā. The Court awarded Whirinaki to
     Ngāti Manawa and a related iwi. There was a rehearing and 15
     the Court confirmed its original decision.
     Crown Purchasing in the 1890s amid Continuing Ngāti
     Manawa Poverty
(57) In 1889 Harehare Atarea offered to sell interests in more land
     “because I am in debt and have been served with a writ from        20
     the Supreme Court” (a promissory note which was about to be
     called in). This offer was not taken up immediately, but Ngāti
     Manawa poverty led to further offers to sell land in the 1890s.
     During this decade the Government renewed its commitment
     to buying Māori land.                                              25
(58) Ngāti Manawa offered to sell the Crown 40,000 acres in
     Heruiwi 4 immediately after Court awarded them title in 1890.
     The Crown agreed to purchase this land in 1892. By the time
     negotiations had concluded Ngāti Manawa had offered the
     Crown an additional 6,200 acres which was also purchased.          30
(59) Disastrous floods destroyed their crops in mid 1892 and again
     in January 1893. In January 1893 Harehare Atarea pleaded
     with the Government to send Ngāti Manawa food, and offered
     to pay for it out of the purchase money for land. He offered to
     sell “Heruiwi or Pohokura, or any block of land in this district   35
     owned by us”. He continued that, “What is the use of the land
     if the owners die of starvation?”



26
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 1 cl 6


(60) Harehare received no reply and again wrote the Government
     in March 1893 of Ngāti Manawa’s desperate food shortage.
     This time he specifically offered some of Ngāti Manawa’s best
     remaining land in Heruiwi 4 so that his people could buy food.
(61) The Government began acquiring the signatures of individual        5
     owners to a purchase deed for Heruiwi 4B in July 1893. The
     Native Land Court had recognised the importance of this
     land to Ngāti Manawa’s ability to sustain themselves and had
     ordered that the block should be inalienable. However, the
     Governor exercised his power to lift such orders. The Crown’s      10
     purchase of individual interests continued until November
     1895 at which stage it had acquired more than 16,000 acres in
     Heruiwi 4B.
(62) The Crown prohibited private purchasing of Māori land in
     1894. In January 1895 the Government began purchasing in-          15
     dividual interests in the Whirinaki block. The Court had also
     ordered that this block should be inalienable. Notwithstanding
     that, the Government purchased nearly 21,500 acres from 178
     individuals by November 1895. Just over a fifth of the pur-
     chase money was consumed by the cost of surveying the land.        20
     A further block of 350 acres in Whirinaki was acquired by the
     Crown in satisfaction of survey costs in 1899.
(63) In 1897 Ngāti Manawa were afflicted by a harsh influenza
     epidemic. Frosts destroyed all their crops between 1898 and
     1900, and created near famine like conditions. Early in 1899 a     25
     committee of owners was appointed by the different iwi inter-
     ested in Pohokura to arrange a large sale to the Crown. The
     Crown completed the purchase of 40,000 acres that year from
     Ngāti Manawa and other iwi.
     The Establishment of the Urewera District Native Reserve         30
(64) Ngāti Manawa land interests extended into the western edges
     of Te Urewera. Ngāti Manawa and other Māori had not sold
     any land in this area by the 1890s and it was one of the last
     areas of the country to be “opened up” for land leases or sales.
     Māori in Te Urewera were focussed on retaining their land by 35
     ensuring that none was brought before the Native Land Court
     or taken by the Crown for roading. They also wanted to ensure
     the protection of native birds and waterways.


                                                                  27
                    Ngāti Manawa and Ngāti Whare
Part 1 cl 6              Claims Settlement Bill


(65) In 1895 Premier Richard Seddon, James Carroll and other gov-
     ernment representatives met in Wellington with leaders of iwi
     with interests in Te Urewera to discuss how their land was to
     be governed in the future. The Crown wanted the iwi to allow
     their land to be surveyed and have land title determined. Iwi       5
     leaders sought self-government and protection against land
     alienation.
(66) Harehare Atarea and Te Marunui Rawiri represented Ngāti
     Manawa. They were reluctant to be involved in a project pri-
     marily being negotiated with other iwi, but finally agreed to the   10
     establishment of a special 656,000 acre Te Urewera reserve.
     The Crown agreed to introduce a special system to exempt
     the lands in the reserve from the Native Land Court system
     by allowing land ownership to be determined by an “Urewera
     Commission” comprising two Pākehā commissioners and five            15
     from the Tūhoe tribe. Hapū and iwi were to retain control over
     their land. Land was only to be alienated with the approval of
     a General Committee elected by Māori with interests in the
     Urewera Native District Reserve. Local Government was to
     be left in Māori hands through elected committees. The Ure-         20
     wera District Native Reserve Act 1896 was to give effect to
     this agreement.
     Implementation of the Urewera District Native Reserve Act
     1896
(67) In the first two decades of the twentieth century the Crown 25
     took a number of actions which were counter to the agree-
     ments it had reached with Ngāti Manawa and others and had
     given effect to in the Urewera District Native Reserve Act. A
     number of the protections Urewera leaders had secured as a
     condition of submitting their lands to survey and title deter- 30
     minations were not given effect to and the local governance
     provisions were weakened.
(68) In 1908 a General Committee of 33 people, including Hare-
     hare Atarea and Te Marunui Rawiri from Ngāti Manawa, was
     elected to administer the Urewera reserve. Later that year, 35
     however, the Government made itself responsible for appoint-
     ing the General Committee, and restricted it to twenty mem-
     bers. Te Marunui Rawiri was one of those appointed by the
     Government in 1909.

28
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 1 cl 6


(69) In 1909 legislation was enacted empowering the Government
     to declare individual blocks in the reserve subject to the jur-
     isdiction of the Native Land Court. A Government adviser
     suggested that Te Whāiti be subdivided in 1910 to end dis-
     putes between Ngāti Manawa and the other iwi with whom 5
     they shared the block. A partition hearing took place in 1913.
     Despite concluding that there were no internal boundaries be-
     tween Ngāti Manawa and their co-owners, the Court split Te
     Whāiti in two. Ngāti Manawa were awarded Te Whāiti 2 on
     partition, being 26,292 of the 71,340 acres.                    10
     The Urewera Commission Determines Titles
(70) The determination of land titles by the Urewera Commission
     was a drawn out process. Ngāti Manawa claimed interests in
     the Te Whaiti-nui-a-Toi block. In May 1901 the Commission
     awarded Ngāti Manawa 3,370 acres in the Tāwhiuau section of        15
     Te Whaiti-nui-a-Toi. Most of the block was awarded to other
     iwi.
(71) Ngāti Manawa lodged five appeals against this decision. One
     of these was lodged by Hohepa Poia and others, and another by
     Harehare Atarea and 194 others. The Government appointed a         20
     second Commission to hear appeals in 1906. The three Com-
     missioners who heard the Te Whāiti-nui-a-Toi appeal included
     two Pākehā, and a Māori from outside the Urewera region. In
     1907 the second Commission enlarged Ngāti Manawa’s award
     of the Tāwhiuau block to 5,064 acres. It also included 188         25
     Ngāti Manawa among the 506 owners of Te Whāiti block.
(72) In a similar manner to their approach to lists of owners given
     to the Native Land Court, Ngāti Manawa included some mem-
     bers of other iwi on the title of Tāwhiuau. It also appears
     that a few Ngāti Manawa may have been among the owners             30
     of Otairi and Maraetahi which had been part of the larger Te
     Whāiti-nui-a-Toi block.
     Continuing Crown Purchasing in the Twentieth Century
(73) The Urewera District Native Reserve Act 1896 was amended
     by subsequent legislation that changed its structure and pro- 35
     visions. The effect of these changes made it much easier for
     the Crown to purchase land inside the Urewera Reserve. The
     land inside the Urewera District Native Reserve, and nearly


                                                                  29
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 6               Claims Settlement Bill


        25,000 acres outside it, was all that remained in Ngāti Man-
        awa’s ownership at the start of the twentieth century. Despite
        this, the Crown continued purchasing Ngāti Manawa land.
(74)    In November 1914 the Government began acquiring interests
        in lands from individual owners without complying with the         5
        legal requirement set out in the Urewera District Native Re-
        serve Act to first seek the approval of the General Commit-
        tee. This requirement was intended to ensure communal rather
        than individual control over land alienation. In May 1915 the
        Government decided to purchase Te Whāiti, but had still not        10
        obtained the General Committee’s consent. These illegal ac-
        tions were retrospectively validated by legislation in 1916 that
        also empowered the Government to continue purchasing in-
        side the reserve without the General Committee’s consent.
(75)    The Crown wanted to acquire valuable timber on Te Whāiti.          15
        After 1905 it was required to have Māori land valued before
        purchasing it. Most of the timber was located on the Ngāti
        Manawa portion of the block and when valued the Ngāti Man-
        awa portion of Te Whāiti was given a much higher valuation
        than the other parts. Nevertheless in 1938 and 1944 some           20
        Ngāti Manawa petitioned the Government complaining that
        the price finally paid for the timber land was less than market
        value.
(76)    The law required the Crown to hold a meeting of the assem-
        bled owners of a land block, before beginning negotiations to      25
        purchase individual interests in the land. The Crown did not
        hold such a meeting in its negotiations for Te Whāiti. Instead
        the Crown pressed ahead with the purchase of individual inter-
        ests. It had some initial success but negotiations dragged on
        for a number of years as the Crown’s agent travelled far and       30
        wide trying to persuade individual owners to sell.
(77)    Ngāti Manawa’s economic circumstances contributed to their
        willingness to sell. Pera Te Horowai offered the Government
        his interests in Te Whāiti in 1915 because his people were
        facing starvation due to heavy frosts having destroyed their       35
        crops, and the high price of flour. Some Ngāti Manawa land
        was offered for sale to raise development capital. In 1910 W.
        H. Bird wrote that the owners of a Whirinaki section wished
        to sell to raise development capital for other land that they

30
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill              Part 1 cl 6


     retained. In 1914 Bird suggested the Government purchase
     the Ngāti Manawa section of Te Whāiti because “they want
     money to work the Hikurangi blocks now being subdivided
     by the Native Land Court in Whakatāne”.
(78) The Crown also began purchasing undivided shares from indi- 5
     vidual owners in the Otairi, Maraetahi and Tāwhiuau blocks.
     By March 1921 it had acquired the majority of interests in
     these blocks. However the Crown had been purchasing un-
     divided shares. It was not clear where the boundaries between
     the interests acquired by the Crown, and those retained by 10
     non-sellers should be drawn.
     The Urewera District Reserve Consolidation Scheme
(79) This circumstance affected a number of Urewera Reserve
     blocks. Crown officials were reluctant, however, to have the
     Native Land Court subdivide out its purchases in the Urewera          15
     Reserve. They were concerned the Court would not award the
     Crown the parts of the blocks that officials wanted to make
     available for settlers. They also believed that a Court partition
     would disadvantage the non-sellers as they would be left with
     widely scattered interests among a number of blocks. The              20
     Crown proposed a scheme to consolidate interests that would
     give the Crown the land it wanted, and provide the non-sellers
     with larger more economically viable landholdings.
(80) The Crown began holding meetings with Ngāti Manawa and
     another iwi in 1921 to work out arrangements for the con-             25
     solidation of interests in the Te Whāiti, Maraetahi, Otairi and
     Tāwhiuau blocks. The Government did not acquire all the land
     it wanted in Te Whāiti, but still secured the block’s valuable
     timber resources. One whānau group exchanged their shares
     in Te Whāiti for Crown interests in Whirinaki.                        30
(81) The Urewera Lands Act 1921-1922 repealed the Urewera
     District Native Reserve Act 1896 and gave effect to the
     consolidation scheme. It provided for some Ngāti Manawa
     owners exchanging their interests in Te Whāiti for Crown
     land in Whirinaki. The former Te Whāiti 2, Maraetahia, Otairi         35
     and Tāwhiuau blocks all but disappeared. Ngāti Manawa
     non-sellers found their interests grouped into new blocks
     including a Te Whāiti series of 24 blocks.


                                                                     31
                    Ngāti Manawa and Ngāti Whare
Part 1 cl 6              Claims Settlement Bill


(82) The non-sellers from Ngāti Manawa and another iwi were en-
     titled to 14,366 acres at the end of the consolidation scheme,
     but substantial deductions were made from this to cover the
     costs of roading and surveying. Their entitlement was reduced
     by nearly a quarter to 10,840 acres.                           5
     Ngāti Manawa Reserves
(83) By the 1920s Ngāti Manawa retained ownership of only a
     small fraction of their rohe. The Crown’s officially stated pol-
     icy in the nineteenth century was that sufficient land for Māori
     to live on should be reserved for Māori from purchases of their    10
     land. The Crown believed that three reserves were created
     from the 1880 Kaingaroa purchase of 1,644 acres at Karatia,
     417 acres at Ōruatewehi and 670 acres at Rangipō. All the
     land in Ōruatewehi and Rangipō was, however, purchased by
     private parties or the Crown between 1892 and 1928. In 1894        15
     and 1921 the Crown compulsorily took 37 acres in Karatia for
     public works without paying any compensation.
(84) Ngāti Manawa may have agreed to sales at Ōruatewehi and
     Rangipō due to confusion between themselves and the Gov-
     ernment over what land had actually been reserved in 1880.         20
     The reserves provided for by the text of the Kaingaroa 1 deed
     did not precisely correspond to those represented on the plan
     accompanying the 1880 deed. These reserves also differed
     from those earlier agreed upon out of the Crown’s 1875 lease.
     Ngāti Manawa kept using land at Motumako and Kiorenui              25
     within the boundaries of Kaingaroa 1 until 1920 when the
     Crown began to develop these blocks for the Kaingaroa state
     forest.
(85) Ngāti Manawa soon petitioned the Government that they be-
     lieved Motumako and Kiorenui had been reserved in 1880.            30
     This led to an investigation of the 1880 purchase by a Native
     Land Court Judge in 1926. His conclusions placed some re-
     liance on the recently published memoirs of the ex-Crown offi-
     cial who negotiated the purchase. Ngāti Manawa disputed the
     accuracy of this account, and in certain respects their evidence   35
     was more consistent with the contemporary documentation of
     the 1880 purchase. The Judge appears to have seen only some
     of the contemporary documentation. He rejected Ngāti Man-
     awa’s argument that it had been intended to reserve Kiorenui

32
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill              Part 1 cl 6


       but accepted that they had intended to reserve Motumako. The
       Chief Judge of the Native Land Court advised the Government
       not to accept these findings on the basis that it was unwise to
       upset a sale that had stood for 46 years.
(86)   Ngāti Manawa began a long campaign for the return of Motu-          5
       mako. In 1927 the Native Affairs Committee referred a Ngāti
       Manawa petition to the Government for favourable consider-
       ation. The New Zealand Forest Service was determined to re-
       tain Motumako, however, as it was in the middle of one of its
       forests. It considered there was a risk fires might spread from     10
       privately owned land to its forests.
(87)   In 1931 Ngāti Manawa proposed exchanging their interests
       in Motumako for 315 acres in Karatia. The Crown, though,
       maintained that Motumako was only worth 100 acres in Kara-
       tia. The Crown and Ngāti Manawa were unable to agree how            15
       much millable timber was in Motumako. Negotiations spread
       over 30 years could not resolve this disagreement.
(88)   The Motumako dispute eventually became entwined with the
       Crown’s attempts to purchase some remaining Ngāti Manawa
       land at Whirinaki. This began in the 1950s and lasted until         20
       1967 when Ngāti Manawa asked the Crown to stop. In 1969
       Ngāti Manawa proposed to provide the Crown with Whirinaki
       lands in exchange for Motumako. The Crown did not imme-
       diately agree but in 1973 offered to exchange Whirinaki for
       Motumako. The Crown and Ngāti Manawa finally agreed in              25
       1981 that the Crown would exchange 1,490 acres in Whirinaki
       4B2 for Motumako.
(89)   Despite the small amount of land remaining in Ngāti Manawa
       ownership by the middle of the twentieth century, the Crown
       compulsorily acquired 136 acres at Karatia in 1954 to use as a      30
       log yard and rail head to service the forestry industry.
     Rivers and Freshwater Fisheries
(90) The rohe of Ngāti Manawa includes the bed and waters of the
     upper Rangitaiki River, Ngāti Manawa’s tupuna awa, and its
     tributaries, including in particular the Wheao and Whirinaki 35
     rivers. Other important streams for eels and fishing places
     were the Pokairoa, Kopuriki, Horomanga and Mangamate
     Streams. Apart from being a vital part of the traditional econ-


                                                                     33
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 6               Claims Settlement Bill


        omy of Ngāti Manawa, these waterways are taonga that are
        critical to Ngāti Manawa’s spiritual sustenance and wellbeing.
(91)    Ngāti Manawa and neighbouring iwi had their own mara-
        mataka (fishing calendar). The fishery was managed accord-
        ing to tikanga.                                                    5
(92)    Numerous varieties of eels were formerly caught by Ngāti
        Manawa, including black eels (mataamoe), silver-bellied eels
        (paewai), blind eels (piharau), and yellow-bellied eels. All
        were taonga to Ngāti Manawa. Certain individuals and fam-
        ilies had special knowledge of fishing methods and had the         10
        responsibility to pass their knowledge on to the next gener-
        ation. Places where specific varieties of eels could be caught
        were well-known and were often named. There were a number
        of traditional fishing methods, including hīnaki, retireti, rama
        tuna, fern beds or boxes, and line fishing.                        15
(93)    The Government took control of the Rangitaiki and other
        rivers from the late nineteenth century. The Water Power Act
        1903, and subsequent legislation, gave the Crown sole control
        of these rivers to use for electricity generation. The beds of
        all navigable rivers were vested in the Crown by the Coal          20
        Mines Act 1903. Otherwise, title to rivers was governed by
        the ad medium filum aquae rule. Ngāti Manawa state that this
        is inconsistent with their tikanga. There was no consultation
        with Ngāti Manawa over the coal mines legislation. Section
        21 of the Water and Soil Conservation Act 1967 vested all          25
        rights of management, use, and authority over natural water
        in the Crown. There was no consultation between the Crown
        and Ngāti Manawa about this legislation either.
(94)    The Rangitaiki River and its tributaries have been affected
        by the construction of the Matahina, Aniwhenua, and Wheao          30
        power schemes. The dams have assisted New Zealand’s eco-
        nomic growth, but at the cost of a decline in the health of the
        rivers. The eel fisheries and other resources that Ngāti Man-
        awa rely on for cultural and physical sustenance have been
        severely affected. The Matahina scheme caused a significant        35
        section of the Rangitaiki to flood between Matahina and Mu-
        rupara. Ngāti Manawa say that the mixing of the waters of the
        Rangitaiki and Wheao shatters the tapu and sanctity of these


34
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 1 cl 6


     rivers. They cannot identify whether the re-channelled river
     was the Rangitaiki or the Wheao.
(95) Ngāti Manawa now need permits to cross Crown owned
     forests to fish in their rivers. Ngāti Manawa continue to regard
     themselves as kaitiaki of the rivers.                            5
     Land Development Schemes
(96) In the 1920s Ngāti Manawa were concerned at how their
     remaining land interests were scattered across many blocks.
     William Bird wrote the Government in 1929 requesting a
     further consolidation scheme involving Ngāti Manawa and             10
     other iwi that would amalgamate approximately 25,000 acres
     of land with more than 1,800 owners into larger and more
     economically viable sections. Some preliminary work was
     done, but there was no further consolidation of Ngāti Manawa
     interests, despite further requests being made in the 1940s.        15
(97) In 1929 the Government began providing funds for develop-
     ment schemes to establish viable farms on Māori owned land.
     Ngāti Manawa would have preferred that their interests be
     consolidated first, but lobbied the Government in 1933 and
     1934 to establish a development scheme on their land. In            20
     January 1937 a development scheme was established on Ngāti
     Manawa land at Karatia and Whirinaki. By March 1939, ap-
     proximately 1,700 acres had been developed and 35 men had
     been employed. While some owners were allocated land, the
     Ngāti Manawa community of owners generally had little con-          25
     trol over their land once it was in the scheme.
(98) Some 6,000 acres were put into the Ngāti Manawa develop-
     ment scheme. Work began well converting the undeveloped
     land into dairy farms with William Bird as foreman. However,
     progress soon slowed. Much of the scheme’s land was unsuit-         30
     able for dairy farming, and the Second World War between
     1939 and 1945 created shortages of labour and materials. In
     July 1947, the Native Department was instructed by the Prime
     Minister and the Minister of Native Affairs to proceed with a
     consolidation of Ngāti Manawa interests. The consolidation          35
     was delayed so the Crown could acquire the Karatia block for
     a log yard which the Forest Service required. The consolida-
     tion was never completed.


                                                                   35
                   Ngāti Manawa and Ngāti Whare
Part 1 cl 6             Claims Settlement Bill


(99) Ngāti Manawa had little ability to control the administration
      of the development scheme. It lost money, and its costs were
      charged against the land which became heavily indebted. By
      the 1950s many owners were asking for their land to be re-
      moved from the scheme. It had been reduced to 3,300 acres 5
      by 1957.
(100) The Government further attempted to develop the remaining
      land in the 1960s but the scheme’s debts continued to increase.
      The owners became increasingly frustrated with the Govern-
      ment’s management of their land. In the early 1970s they 10
      sought its return and the writing off, or reduction of, its debt.
      However, the Crown considered the debt a fair charge against
      the land.
(101) The owners established the Ngāti Manawa Incorporation in
      1972, and the land was transferred to this incorporation. Its 15
      considerable debts were re-financed as a mortgage on the land.
      The incorporation succeeded in making a profit, and paid its
      first dividend in 1979.
      Farms for Returned Servicemen
(102) The Government allocated a number of farms on Crown land 20
      at Kuhawaea to returned servicemen after the Second World
      War. Kuhawaea had originally been owned by Ngāti Manawa,
      but Ngāti Manawa returned servicemen were ineligible for
      these farms. Government policy was that Crown land would
      only be allocated to returned servicemen considered capable of 25
      living in wholly European communities. Prior to 1954, appli-
      cants had to be certified as able to farm without supervision.
      All Māori applicants were certified as requiring the supervi-
      sion of the Department of Māori Affairs.
      Further Crown Acquisitions of Ngāti Manawa Land for the        30
      Forestry Industry
(103) In the late 1940s the Crown sought land to build a pulp and
      paper mill to process wood from the Kaingaroa forest. The
      Crown already owned most of the land in the district, but de-
      cided the most suitable site for such a mill was on Ngāti Man- 35
      awa land at Karatia. The Prime Minister asked Ngāti Man-
      awa to sell the Government the land and told them this project
      would provide them with employment for generations.


36
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill             Part 1 cl 6


(104) The Crown eventually decided to build the mill at Kawerau
      but it still sought 136 acres at Karatia for a log yard and rail-
      head. In February 1953 the Crown proposed an exchange of
      land with Ngāti Manawa. Negotiations broke down due to dis-
      agreement over whether the land should be valued at its current 5
      or potential value.
(105) The Prime Minister had promised Ngāti Manawa that the Gov-
      ernment would not compulsorily take its land but in 1954 a
      new Government decided to compulsorily acquire the land it
      wanted. The Māori Land Court ordered the Government to 10
      compensate Ngāti Manawa for the potential value of the land.
      The compensation was paid to the Māori Trustee, and subse-
      quently used to repay the debts on three Karatia blocks arising
      out of the Ngāti Manawa development scheme.
      Forestry and Post 1984 Restructuring                                15
(106) From 1950 the Ngāti Manawa economy was dependent on the
      Kaingaroa Forest (planted on land Ngāti Manawa sold to the
      Crown). The New Zealand Forest Service developed “timber
      towns” at Murupara, Minginui, and Kaingaroa, and provided
      work for many Ngāti Manawa. In 1953 more than half the              20
      Māori workforce in Murupara was employed in industries as-
      sociated with forestry.
(107) The New Zealand Forest Service maintained a strong sense
      of social responsibility into the 1980s. In May 1983 it
      commenced a new planting programme which was mainly                 25
      designed to create new jobs. More than 1,000 jobs were to
      be created before the end of 1987. However Ngāti Manawa’s
      dependence on the New Zealand Forest Service made the iwi
      vulnerable to shifts in government policy.
(108) In 1984 the Government decided that the New Zealand econ-           30
      omy would benefit from a programme of restructuring and
      deregulation. By 1987 the Forest Service had been split up
      and its former functions transferred to the Department of Con-
      servation and the New Zealand Forestry Corporation. Māori
      Affairs Department officials warned that restructuring the New      35
      Zealand Forest Service would have a “devastating” effect on
      the Central North Island forestry towns. Many former Forest
      Service workers were laid off, and the Forest Service office in
      Murupara was closed.

                                                                    37
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 7                Claims Settlement Bill


(109) The Government established a five million dollar fund to as-
      sist communities across the country to adapt to the economic
      changes, but this did not prevent considerable unemployment
      among Ngāti Manawa. In 1993 65 percent of Murupara’s
      population were on a welfare benefit. Many Ngāti Manawa 5
      families left Murupara in search of work.

                     Crown acknowledgements
7       Acknowledgements
(1)     The Crown acknowledges that it has failed to deal with the
        long standing grievances of Ngāti Manawa in an appropriate          10
        way and that recognition of these grievances is long overdue.
(2)     The Crown acknowledges that the several wars that were
        fought between the Crown and other Māori in the eastern Bay
        of Plenty between 1865 and 1872 had a prejudicial effect on
        Ngāti Manawa and that—                                              15
        (a) Ngāti Manawa tried to maintain a neutral position until
               the circumstances would not permit it; and
        (b) the fighting in their rohe led to the exile of the Ngāti
               Manawa people who had to live as refugees in the rohe
               of other iwi in 1865 and 1866, and again between 1869        20
               and 1872; and
        (c) the Crown military forces inflicted a scorched earth pol-
               icy in their pursuit of Te Kooti through the rohe of Ngāti
               Manawa between 1869 and 1872; and
        (d) the resulting destruction devastated Ngāti Manawa’s             25
               traditional economy, leaving them impoverished and
               severely diminishing their ability to exercise mana and
               reciprocate manaakitanga.
(3)     The Crown acknowledges that its failure to compensate Ngāti
        Manawa for the destruction its forces caused was a breach of        30
        the Treaty of Waitangi and its principles, and had an ongoing
        impact on the economic, physical, and spiritual wellbeing of
        Ngāti Manawa.
(4)     The Crown acknowledges that—
        (a) from 1873 Ngāti Manawa sought to alleviate their poor           35
               economic circumstances by negotiating and entering
               into agreements to lease land to the Crown; and

38
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill               Part 1 cl 7


      (b)   the Crown declined to pay rent until ownership of those
            lands had been judicially determined despite having en-
            tered into agreements to lease Ngāti Manawa land; and
      (c) its suspension of the Native Land Court until 1877 de-
            layed the determination of the ownership of these lands        5
            and the implementation of the lease agreements; and
      (d) as a result Ngāti Manawa did not receive the benefit of
            regular rent payments for those lands.
(5)   The Crown acknowledges that the Crown’s failure to pay rent
      increased the economic pressure on Ngāti Manawa at a time            10
      when they were also suffering generally from the effects of
      impoverishment as well as the flooding and epidemics. The
      combined effect of these pressures was a key reason for Ngāti
      Manawa selling land to alleviate the conditions their people
      were in.                                                             15
(6)   The Crown acknowledges that—
      (a) it did not consult with Ngāti Manawa on native land
            legislation prior to its enactment; and
      (b) the Native Land Court process required Ngāti Manawa
            to attend long hearings outside their rohe on several oc-      20
            casions between 1878 and 1890 at venues with insuffi-
            cient supplies of food and inadequate accommodation
            and this imposed a considerable burden on Ngāti Man-
            awa; and
      (c) the operation and impact of the native land laws, in par-        25
            ticular the awarding of land to individual Ngāti Manawa
            rather than to the iwi or hapū, made those lands more
            susceptible to partition, fragmentation and alienation.
            This contributed to the further erosion of the traditional
            tribal structures of Ngāti Manawa which were based on          30
            collective tribal and hapū custodianship of land. The
            Crown failed to take adequate steps to protect those
            structures. This had a prejudical effect on Ngāti Man-
            awa and was a breach of the Treaty of Waitangi and its
            principles.                                                    35
(7)   The Crown acquired approximately 130,000 acres of land
      from Ngāti Manawa between 1880 and 1881. The Crown
      acknowledges that the combined effects of the aggressive
      purchase techniques employed on occasion by the Crown

                                                                     39
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 7               Claims Settlement Bill


        unreasonably limited the options Ngāti Manawa had available
        to them. The Crown acknowledges that it failed to actively
        protect the interests of Ngāti Manawa and this was a breach
        of the Treaty of Waitangi and its principles. The Crown’s
        aggressive purchase techniques included—                           5
        (a) the use and implementation of monopoly powers by is-
               suing a proclamation in 1878 which prevented Ngāti
               Manawa from leasing the Kaingaroa 1, Pukahunui and
               Heruiwi blocks, which the Crown wished to purchase,
               to private parties; and                                     10
        (b) the lack of regular rent payments for the Heruiwi and
               Pukahunui blocks while the Crown was negotiating to
               purchase those lands; and
        (c) refusing to lift its prohibition on Ngāti Manawa alien-
               ating lands to private parties when the iwi received an     15
               offer for the Heruiwi block which was significantly
               greater than the price the Crown was prepared to pay
               for the land; and
        (d) refusing to accept Ngāti Manawa’s offer to refund
               Crown cash advances or pay survey liens over the            20
               Pukahunui block with cash and instead insisting on
               being paid in land.
(8)     The Crown acknowledges that when it purchased the Kain-
        garoa 1 block it failed to instigate and follow clear procedures
        to exclude from sale all the areas that Ngāti Manawa had in-       25
        dicated they wished to have reserved for them. This failure
        to implement proper processes was a breach of the Treaty of
        Waitangi and its principles.
(9)     The Crown acknowledges that—
        (a) Ngāti Manawa’s land holdings were further reduced              30
               by—
               (i)    the taking of land for payment for survey liens;
                      and
               (ii) other land purchases by private parties; and
               (iii) Crown purchases of over 80,000 acres between          35
                      1892 and 1899; and
               (iv) continuing Crown purchasing in the twentieth
                      century; and


40
                     Ngāti Manawa and Ngāti Whare
                          Claims Settlement Bill              Part 1 cl 7


       (b)     the Crown failed to monitor the impact of its purchase
               on Ngāti Manawa’s landholdings; and
       (c) Crown purchasing officers in some instances attempted
               to influence Ngāti Manawa to reduce the number of
               names on owners’ lists and sometimes disregarded             5
               Ngāti Manawa’s preference to lease rather than sell
               land.
(10)   The Crown acknowledges that the intention of the Urewera
       District Native Reserves Act 1896 was to protect Ngāti Man-
       awa’s interests but that the Crown undermined its relationship       10
       with Ngāti Manawa and breached the treaty of Waitangi and
       its principles by—
       (a) failing to implement the system of local land adminis-
               tration and local governance provided for in the legisla-
               tion; and                                                    15
       (b) making unilateral changes to key parts of the admin-
               istration of the reserve, without effective consultation
               with Ngāti Manawa; and
       (c) purchasing interests in the Te Whāiti block from indi-
               vidual Ngāti Manawa between 1915 and 1921 in breach          20
               of the provsions of the Urewera District Native Reserve
               Act 1896.
(11)   The Crown acknowledges that it continued purchasing land
       from Ngāti Manawa outside the Urewera Reserve in the early
       twentieth century and that by the 1920s Ngāti Manawa was             25
       virtually landless. The Crown’s failure to ensure Ngāti Man-
       awa were left with sufficient land for their present and future
       needs was a breach of the Treaty of Waitangi and its principles.
(12)   The Crown acknolwedges that Ngāti Manawa’s landholdings
       were further diminished by the Crown taking land under pub-          30
       lic works legislation sometimes without compensation, which
       caused a sense of grievance among Ngāti Manawa that is still
       strongly held.
(13)   The Crown acknowledges that sites of particular significance
       to Ngāti Manawa were parts of lands taken under public works         35
       legislation and National Parks legislation and now form part
       of the public conservation estate. A vast majority of Ngāti
       Manawa’s tribal estate was acquired for settler settlement but
       was ultimately used to create a national forest estate.

                                                                      41
                    Ngāti Manawa and Ngāti Whare
Part 1 cl 7              Claims Settlement Bill


(14) The Crown acknowledges—
     (a) the Rangitaiki and Wheao Rivers and their tributaries
          are taonga of great significance to Ngāti Manawa, and
          have been a key source of Ngāti Manawa’s spiritual
          and material well being. According to Ngāti Manawa             5
          tikanga the Rangitaiki and Wheao rivers were part of
          the environment of successive generations of their an-
          cestors and part of their ancestral link with both the past
          and the future; and
     (b) the importance to Ngāti Manawa of the principle of te           10
          mana o te awa arising from their relationship with the
          Rangitaiki and Wheao Rivers. To Ngāti Manawa the
          Rangitaiki River is a tupuna which has mana and in turn
          represents the mana and mauri of Ngāti Manawa; and to
          Ngāti Manawa the Rangitaiki River and its tributaries          15
          are a single indivisible being and includes its waters,
          banks, bed (and all minerals under it) and its streams,
          waterways, tributaries, lakes, aquatic fisheries, vegeta-
          tion, floodplains, wetlands, islands, springs, water col-
          umn, airspace and substratum as well as its metaphysi-         20
          cal being with its own mauri; and
     (c) that to Ngāti Manawa, their relationship with the Ran-
          gitaiki River and its tributaries, and their respect for it,
          gives rise to their responsibilities to protect the mana
          and mauri of the River and to exercise their mana              25
          whakahaere in accordance with their long established
          tikanga. Their relationship with the river and their
          respect for it lies at the heart of their spiritual and
          physical wellbeing, and their tribal identity and culture;
          and                                                            30
     (d) the rivers were the sites of a freshwater tuna (eel) fishery
          of vital significance to Ngāti Manawa, which for gener-
          ations has sustained the Ngāti Manawa people’s way of
          life.
(15) The Crown acknowledges—                                             35
     (a) the common law doctrine of ad medium filum aquae is
          inconsistent with Ngāti Manawa tikanga; and
     (b) it has denied Ngāti Manawa their te mana o te awa
          and mana whakahaere over the Rangitaiki and Wheao

42
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill               Part 1 cl 7


            Rivers and that it has failed to respect, provide for and
            protect the special relationship of Ngāti Manawa with
            the Rangitaiki River and its tributaries; and
     (c) the decline in health of the Rangitaiki and Wheao
            Rivers caused while the Crown had authority over                5
            the rivers, as a consequence of the building of dams
            (particularly Matahina and Aniwhenua/Āniwaniwa),
            has been a source of distress for the Ngāti Manawa
            people and has caused a sense of grievance among
            Ngāti Manawa that is still strongly held today; and             10
     (d) according to Ngāti Manawa tikanga the alteration of
            the waters of the Rangitaiki and Wheao rivers so they
            merged into one indistinguishable watercourse is a
            transgression of the ancient tapu with which the rivers
            were regarded; and                                              15
     (e) the merging of the rivers has been a source of distress
            for the people of Ngāti Manawa; and
     (f)    the Ngāti Manawa tuna fishery has been depleted
            through policies and actions of the Crown including
            construction of the dams and the favouring of trout             20
            fishing over the customary fishery; and
     (g) the degradation and development of the Rangitaiki and
            Wheao Rivers, their tributaries and wetlands have re-
            sulted in the decline of its once rich tuna and other fish-
            eries, which had for generations sustained the people’s         25
            way of life and their ability to meet their obligations of
            manaakitanga, and that the decline has been a further
            source of distress to Ngāti Manawa.
(16) The Crown acknowledges that the Ngāti Manawa develop-
     ment scheme meant that Ngāti Manawa lost effective control             30
     of their land for a period and that when the land was returned
     to Ngāti Manawa control it was with a substantial debt.
(17) The Crown acknowledges that its twentieth century land and
     forestry developments have not always provided the economic
     opportunity and benefits that Ngāti Manawa expected, and that          35
     the Crown’s reform of the forestry industry in the 1980s had a
     devastating impact on Ngāti Manawa’s economy.
(18) The Crown acknowledges that Ngāti Manawa was excluded
     from participating in the economic use of their lands for

                                                                      43
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 8                Claims Settlement Bill


     forestry and that the Crown has benefited from this estate
     financially and economically. This has resulted in a sense of
     grievance among Ngāti Manawa that still exists today.
(19) The Crown acknowledges that—
     (a) Ngāti Manawa expectations of an ongoing and mutually 5
            beneficial relationship with the Crown were not always
            realised; and
     (b) Ngāti Manawa have been loyal to the Crown in hon-
            ouring their obligations and responsibilities under the
            Treaty of Waitangi, especially, but not exclusively, in 10
            their war service nationally and overseas. The Crown
            pays tribute to the contribution made by Ngāti Manawa
            to the defence of the nation.

                            Crown apology
8       Apology                                                              15
(1)     The Crown recognises the long efforts and struggles of the
        ancestors of Ngāti Manawa in pursuit of their claims for justice
        and redress and makes this apology to Ngāti Manawa, to their
        ancestors and to their descendants.
(2)     The Crown is deeply sorry that it has not always lived up to its     20
        obligations under the Treaty of Waitangi in its dealings with
        Ngāti Manawa and unreservedly apologises to Ngāti Manawa
        for the breaches of the Treaty of Waitangi and its principles
        acknowledged above.
(3)     The Crown profoundly regrets and unreservedly apologises to          25
        Ngāti Manawa for the cumulative effect of its acts and omis-
        sions which have had a devastating impact on Ngāti Manawa’s
        social and traditional tribal structures, their autonomy and abil-
        ity to exercise customary rights and responsibilities and Ngāti
        Manawa’s access to customary resources and significant sites.        30
(4)     The Crown deeply apologises for not always appropriately ac-
        knowledging the mana and rangatiratanga of Ngāti Manawa.
        The Crown deeply regrets that its failure to protect the inter-
        ests of Ngāti Manawa in a number of ways over the genera-
        tions has left Ngāti Manawa virtually landless and has had a         35
        devastating impact on Ngāti Manawa’s welfare, capacity for


44
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill              Part 1 cl 10


      social and economic development and physical, cultural, and
      spiritual wellbeing.
(5)   Accordingly the Crown seeks to atone for these wrongs and
      to begin the process of healing. The Crown hopes that this
      apology will mark the beginning of a new relationship with 5
      Ngāti Manawa that is based on mutual trust, co-operation, and
      respect for the Treaty of Waitangi and its principles.

                          Interpretation
9     Intention of Act generally
      It is the intention of Parliament that the provisions of this Part 10
      are interpreted in a manner that best furthers the agreements
      expressed in the deed of settlement.

10    Interpretation
      In this Part, unless the context requires otherwise,—
      actual deferred settlement date, in relation to deferred selec-      15
      tion property, means the date on which settlement of the prop-
      erty takes place under paragraph 11 of Part 19 of the schedule
      of the deed of settlement
      administering body has the meaning given to it in section 2(1)
      of the Reserves Act 1977                                             20
      authorised person means—
      (a) a person authorised by the Director-General, for the—
             (i)    Kakarāhonui Kāinga site:
             (ii) Kāramuramu site:
             (iii) Okārea Pā site:                                         25
             (iv) Te Tāpiri Pā site:
      (b) a person authorised by the chief executive of LINZ, for
             the—
             (i)    Hināmoki Pā site:
             (ii) Kani Rangi Park site:                                    30
      (c) a person authorised by the Secretary for Education, for
             the—
             (i)    Galatea School site:
             (ii) Murupara School site:
             (iii) Te Kura Kaupapa Motuhake o Tāwhiuau site:               35


                                                                     45
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 10              Claims Settlement Bill


        (d)    a person authorised by the chief executive of the land
               holding agency, for a deferred selection property:
        (e) a person authorised by the Secretary for Justice, for all
               other cases
        business day means the period of 9 am to 5 pm on any day of     5
        the week other than—
        (a) Saturday and Sunday; and
        (b) the days observed as the anniversaries of the provinces
               of Auckland and Wellington; and
        (c) Waitangi Day, Good Friday, Easter Monday, Anzac             10
               Day, the Sovereign’s Birthday, and Labour Day; and
        (d) a day in the period starting on 25 December and ending
               with the close of 15 January in the following year
        CNI forests sites means the following sites:
        (a) Ahiweka Pā site:                                            15
        (b) Ahiwhakamura Kāinga site:
        (c) Kaiwhatiwhati Pā site:
        (d) Kāramuramu site (section 1 SO 431616 only):
        (e) Kiorenui site:
        (f)    Motumako site:                                           20
        (g) Ngātamawāhine Nohoanga site:
        (h) Ōruatewehi Pā site:
        (i)    Pekepeke Pā site:
        (j)    Pukemoremore site:
        (k) Puketapu Pā site:                                           25
        (l)    Te Ana a Maru Rock Art site:
        (m) Te Rake Pā site:
        (n) Tūtūtarata Papakainga site
        Commissioner of Crown Lands means the Commissioner of
        Crown Lands appointed under section 24AA of the Land Act        30
        1948
        consent authority has the meaning given to it in section 2(1)
        of the Resource Management Act 1991
        Conservation Authority means the New Zealand Conserva-
        tion Authority established by section 6A of the Conservation    35
        Act 1987
        Conservation Board has the meaning given to it in section
        2(1) of the Conservation Act 1987


46
             Ngāti Manawa and Ngāti Whare
                  Claims Settlement Bill             Part 1 cl 10


conservation document means—
(a) a conservation management plan as defined in section
      2(1) of the Conservation Act 1987; or
(b) a conservation management strategy as defined in sec-
      tion 2(1) of the Conservation Act 1987; or                    5
(c) a management plan as defined in section 2 of the Na-
      tional Parks Act 1980
Crown has the meaning given to it in section 2(1) of the Public
Finance Act 1989
Crown forestry licence means,—                                      10
(a) for the Ahiweka Pā site, Ahiwhakamura Kāinga site,
      and Pukemoremore site, the Kaingaroa/Headquarters
      Block Crown forestry licence held in computer inter-
      est register SA52D/450:
(b) for the Kaiwhatiwhati Pā site, part of the Kāramuramu           15
      site, Motumako site, Ngātamawāhine Nohoanga site,
      Ōruatewehi Pā site, and Puketapu Pā site, the Kain-
      garoa/Northern Boundary Block Crown forestry licence
      held in computer interest register SA60D/550:
(c) for part of the Kiorenui site and part of the Pekepeke Pā       20
      site, the Kaingaroa/Wairapukao Block Crown forestry
      licence held in computer interest register SA55B/450:
(d) for part of the Kiorenui site, part of the Pekepeke Pā
      site, and the Te Ana a Maru Rock Art site, the Kain-
      garoa Forest/Caves Block Crown forestry licence held          25
      in computer interest register 132203:
(e) for the Te Rake Pā site and the Tūtūtarata papakainga
      site, the Kaingaroa Forest/Whirinaki Block Crown
      forestry licence held in computer interest register
      SA57A/60 (South Auckland Registry)                            30
Crown minerals protocol—
(a) means the protocol issued by the Minister of Energy and
      Resources under section 34(1)(a); and
(b) includes amendments to the protocol under section
      34(1)(b)                                                      35
Crown minerals protocol area means the area subject to the
Crown minerals protocol as shown on the map attached to the
protocol


                                                              47
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 10              Claims Settlement Bill


        Crown owned mineral means a mineral, as defined in section
        2(1) of the Crown Minerals Act 1991, to which one of the
        following applies:
        (a) it is the property of the Crown under section 10 or 11 of
               the Act; or                                                5
        (b) the Crown has jurisdiction over it under the Continental
               Shelf Act 1964
        cultural redress property means a site described as a cultural
        redress property in Part 1 of Schedule 3
        deed of recognition means a deed of recognition entered into      10
        by the Crown and the trustees of Te Rūnanga o Ngāti Manawa
        in accordance with section 50
        deed of settlement—
        (a) means the deed of settlement dated 12 December 2009
               and signed by—                                             15
               (i)    the Minister for Treaty of Waitangi Negotiations,
                      the Honourable Christopher Finlayson, and the
                      Minister of Māori Affairs, the Honourable Dr
                      Pita R Sharples; and
               (ii) William Bird, Robert Jenner, Patrick McManus,         20
                      Maurice ToeToe, Louis McManus, Pouwhare
                      Rewi, Ema Kalman, Hiraani Stafford, and Henry
                      Nuku; and
        (b) includes—
               (i)    the schedules and attachments to the deed; and      25
               (ii) any amendments to the deed, its schedules, and
                      its attachments
        deferred selection property means a property described in
        Part 15 of the schedule of the deed of settlement
        Director-General has the meaning given to it in section 2(1)      30
        of the Conservation Act 1987
        DOC protocol—
        (a) means the protocol issued by the Minister of Conserva-
               tion under section 34(1)(a); and
        (b) includes amendments to the protocol under section             35
               34(1)(b)
        DOC protocol area means the area subject to the DOC proto-
        col as shown on the map attached to the protocol

48
              Ngāti Manawa and Ngāti Whare
                   Claims Settlement Bill           Part 1 cl 10


effective date means the date that is 6 months after the settle-
ment date
encumbrance means a lease, tenancy, licence, licence to oc-
cupy, easement, covenant, or other right affecting a property
fisheries protocol—                                              5
(a) means the protocol issued by the Minister of Fisheries
       under section 34(1)(a); and
(b) includes amendments to the protocol under section
        34(1)(b)
fisheries protocol area means the area subject to the fisheries 10
protocol as shown on the map attached to the protocol
Fort Galatea historic reserve area means the land described
by that name in the second column of Part 1 of Schedule 3
Galatea stewardship area means the land described by that
name in the second column of Part 1 of Schedule 3               15
historical claim has the meaning given to it in section 12
jointly vested sites means the sites described in sections 82
to 88
LINZ means Land Information New Zealand
New Zealand Conservation Authority means the authority             20
established under section 6A of the Conservation Act 1987
minerals programme has the meaning given to it in section
2(1) of the Crown Minerals Act 1991
Ngāti Manawa has the meaning given to it in section 11
Ngāti Manawa values means the statement—                           25
(a) made by Ngāti Manawa of its traditional, cultural, spir-
       itual, and historical association with Tāwhiuau; and
(b) in the form set out in Part 1 of the schedule of the deed
       of settlement at the settlement date
Ngāti Whare has the meaning given to it in section 141 of          30
the Ngāti Whare Claims Settlement Act 2010
non-cultural redress property means a site described as a
non-cultural redress property in Part 2 of Schedule 3
protection principles means the protection principles set
out in Part 1 of the schedule of the deed of settlement or as      35
amended under section 22(3)


                                                             49
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 10              Claims Settlement Bill


        protocol means a protocol issued under section 34(1)(a), in-
        cluding any amendments made under section 34(1)(b)
        Registrar-General means the Registrar-General of Land ap-
        pointed under section 4 of the Land Transfer Act 1952
        relevant consent authority means a consent authority of a 5
        region or district that contains, or is adjacent to, a statutory
        area
        representative entity means—
        (a) the trustees of Te Rūnanga o Ngāti Manawa; and
        (b) a person (including any trustees) acting for, or on behalf 10
              of,—
              (i)    the collective group referred to in section
                     11(1)(a); or
              (ii) 1 or more of the whānau, hapū, or groups that
                     together form the collective group referred to in 15
                     section 11(1)(a); or
              (iii) 1 or more of the individuals referred to in sec-
                    tion 11(1)(b)
        reserve site means the following sites:
        (a) the Fort Galatea historic reserve area; and                20
        (b) the Te Ana a Maru Rock Art site, on and from the date
               stated in section 69(3)(b)
        resource consent has the meaning given to it in section 2(1)
        of the Resource Management Act 1991
        responsible Minister means,—                                   25
        (a) for the conservation protocol, the Minister of Conser-
               vation:
        (b) for the Crown minerals protocol, the Minister of Energy
               and Resources:
        (c) for the fisheries protocol, the Minister of Fisheries:     30
        (d) for the taonga tūturu protocol, the Minister for Arts,
               Culture and Heritage:
        (e) for any protocol, a Minister authorised by the Prime
               Minister to perform duties, and exercise powers and
               rights, in relation to it                               35
        responsible Ministry means,—
        (a) for the conservation protocol, the Department of Con-
               servation:

50
             Ngāti Manawa and Ngāti Whare
                  Claims Settlement Bill             Part 1 cl 10


(b)    for the Crown minerals protocol, the Ministry of Eco-
       nomic Development:
(c) for the fisheries protocol, the Ministry of Fisheries:
(d) for the taonga tūturu protocol, the Ministry for Culture
       and Heritage:                                                5
(e) for any protocol, a department authorised by the Prime
       Minister to perform duties, and exercise powers and
       rights, in relation to it
return area has the meaning given to it in clause 16.7 of the
relevant Crown forestry licence                                     10
return date has the meaning given to it in clause 16.7.3 of the
relevant Crown forestry licence
RFR property has the meaning given to it in Part 14 of the
schedule of the deed of settlement
settlement date means the date that is 20 business days after       15
the date on which this Part comes into force
settlement property means—
(a) every cultural redress property; and
(b) each deferred selection property; and
(c) every RFR property                                              20
statement of association has the meaning given to it in sec-
tion 41(2)
statutory acknowledgement means the acknowledgement
made by the Crown in section 41 in respect of a statutory
area, on the terms set out in sections 42 to 46, 48, and 49 25
statutory area means an area described in Schedule 1, the
general location of which is indicated on the deed plan referred
to in relation to that area in Schedule 1 (but which does not
establish the precise boundaries of the statutory area)
statutory plan means a district plan, proposed plan, regional 30
coastal plan, regional plan, or regional policy statement as
defined in section 2(1) of the Resource Management Act
1991; and includes a proposed policy statement provided for
in Schedule 1 of the Resource Management Act 1991
supplementary deed of settlement means the supplementary 35
deed of settlement in relation to the Rangitaiki River between
the Crown and Ngāti Manawa


                                                              51
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 11              Claims Settlement Bill


        taonga tūturu has the meaning given to it in section 2(1) of
        the Protected Objects Act 1975
        taonga tūturu protocol—
        (a) means the protocol issued by the Minister for Arts, Cul-
              ture and Heritage under section 34(1)(a); and          5
        (b) includes amendments to the protocol under section
               34(1)(b)
        taonga tūturu protocol area means the area subject to the
        taonga tūturu protocol as shown on the map attached to the
        protocol                                                       10
        Tāwhiuau means Part Urewera A comprised in part Gazette
        1957 page 2217 and as shown on OTS-076-023
        Te Rūnanga o Ngāti Manawa means the trust established by
        the Te Rūnanga o Ngāti Manawa trust deed
        Te Rūnanga o Ngāti Manawa trust deed—                          15
        (a) means the deed of trust establishing Te Rūnanga o Ngāti
              Manawa dated 7 September 2002; and
        (b) includes—
              (i)    the schedules to the deed of trust; and
              (ii) any amendments to the deed of trust or its sched-   20
                     ules
        Te Rūnanga o Ngāti Whare means the trust established by
        the Te Rūnanga o Ngāti Whare trust deed
        Te Rūnanga o Ngāti Whare trust deed—
        (a) means the deed of trust establishing Te Rūnanga o Ngāti    25
              Whare dated 14 February 1999; and
        (b) includes—
              (i)    the schedules to the deed of trust; and
              (ii) any amendments to the deed of trust or its sched-
                     ules                                              30
        Trustees of Te Rūnanga o Ngāti Manawa and trustees
        means the trustees from time to time of Te Rūnanga o Ngāti
        Manawa
        Trustees of Te Rūnanga o Ngāti Whare means the trustees
        from time to time of Te Rūnanga o Ngāti Whare.                 35

11      Meaning of Ngāti Manawa
(1)     In this Part, Ngāti Manawa—

52
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 1 cl 12


      (a)    means the collective group composed of individuals
             who—
             (i)    descend from 1 or more Ngāti Manawa tupuna or
                    ancestors; and
             (ii) are members of Ngāti Koro, Ngāti Hui, and Ngāi          5
                    Tokowaru; and
      (b) means every individual referred to in paragraph (a);
             and
      (c) includes any whānau, hapū, or group composed of indi-
             viduals referred to in paragraph (a).                        10
(2)   In this section and section 12, Ngāti Manawa ancestor
      means an individual who—
      (a) exercised customary rights by virtue of being descended
             from—
             (i)    Apa Hāpai Taketake; or                                15
             (ii) Tangiharuru’s unions with Takuate, Kuranui, Ku-
                    raroa, or Kuraiti; or
             (iii) a recognised tupuna or ancestor of a group re-
                    ferred to in subsection (1)(a)(ii); and
      (b) exercised the customary rights predominantly in rela-           20
             tion to the Ngāti Manawa area of interest at any time
             after 6 February 1840.
(3)   In subsection (2), customary rights means rights according
      to tikanga Māori including—
      (a) rights to occupy land; and                                      25
      (b) rights in relation to use of land or other natural or phys-
             ical resources.
(4)   For the purpose of subsections (1)(a) and (2)(a), a person
      is descended from another person if descended from the other
      person by any 1 or more of the following—                           30
      (a) birth:
      (b) legal adoption.

12    Meaning of historical claim
(1)   In this Part, historical claim has the meaning given to it in
      this section.                                                   35
(2)   Historical claim means every claim that—
      (a) Ngāti Manawa or a representative entity for Ngāti Man-
             awa had at any time before the settlement date or at the

                                                                    53
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 12               Claims Settlement Bill


              settlement date or may have at any time after the settle-
              ment date, whether or not the claim has arisen or been
              considered, researched, registered, notified, or made by
              or on the settlement date; and
        (b) is, or is founded on, a right arising—                          5
              (i)    from the Treaty of Waitangi or its principles; or
              (ii) under legislation; or
              (iii) at common law (including common law relating
                     to aboriginal title or customary law); or
              (iv) from a fiduciary duty; or                                10
              (v) otherwise; and
        (c) arises from, or relates to, acts or omissions before
              21 September 1992—
              (i)    by, or on behalf of, the Crown; or
              (ii) by or under legislation.                                 15
(3)     Historical claim includes—
        (a) every claim to the Waitangi Tribunal to which subsec-
              tion (2) applies and that relates exclusively to Ngāti
              Manawa or a representative entity for Ngāti Manawa,
              including—                                                    20
              (i)    Wai 257; and
              (ii) Wai 1879; and
              (iii) Wai 1914; and
        (b) every other claim to the Waitangi Tribunal to the extent
              to which it relates to Ngāti Manawa, including—               25
              (i)    Wai 212; and
              (ii) Wai 350; and
              (iii) Wai 439; and
              (iv) Wai 724; and
              (v) Wai 787; and                                              30
              (vi) Wai 791; and
              (vii) Wai 823.
(4)     Historical claim does not include—
        (a) a claim that a member of Ngāti Manawa, or a whānau,
              hapū, or group referred to in section 11(1)(c), may           35
              have that is, or is founded on, a right arising as a result
              of being descended from an ancestor who is not a Ngāti
              Manawa ancestor; or


54
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill              Part 1 cl 13


      (b)   a claim that a representative entity for Ngāti Manawa
            may have to the extent to which the claim is, or is based
            on, a claim referred to in paragraph (a).

                 Settlement of historical claims
13    Settlement of historical claims final                                 5
(1)   The historical claims are settled.
(2)   The settlement of the historical claims is final, and, on and
      from the settlement date, the Crown is released and discharged
      from all obligations and liabilities in respect of those claims.
(3)   Nothing in the deed of settlement or this Part—                       10
      (a) extinguishes or limits any aboriginal title, or any cus-
             tomary right, that Ngāti Manawa may have:
      (b) is, or implies, an acknowledgement by the Crown that
             any aboriginal title, or any customary right, exists:
      (c) affects a right that Ngāti Manawa may have, including             15
             a right—
             (i)    according to tikanga or customary law:
             (ii) arising from the Treaty of Waitangi or its prin-
                    ciples:
             (iii) arising under legislation:                               20
             (iv) arising at common law (including common law
                    relating to aboriginal title or customary law):
             (v) arising from a fiduciary duty:
             (vi) arising in some other way.
(4)   Despite any other enactment or rule of law, on and from the           25
      settlement date, the courts, the Waitangi Tribunal, and all other
      judicial bodies and tribunals do not have jurisdiction over—
      (a) any or all of the historical claims; or
      (b) the deed of settlement; or
      (c) the redress provided under the deed of settlement or              30
             under this Part; or
      (d) this Part.
(5)   The proscription of jurisdiction includes the jurisdiction to in-
      quire into or to make a finding or recommendation.
(6)   The proscription of jurisdiction does not include the jurisdic-       35
      tion to interpret, implement, and enforce the deed of settle-


                                                                      55
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 14              Claims Settlement Bill


        ment, the redress defined in clause 13 of the deed of settle-
        ment, and this Part.
(7)     The proscription of jurisdiction does not include the jurisdic-
        tion of the Waitangi Tribunal to complete its inquiries and re-
        port on the Te Urewera Inquiry (Wai 894).                       5

14      Amendment to Treaty of Waitangi Act 1975
(1)     This section amends the Treaty of Waitangi Act 1975
(2)     Schedule 3 is amended by inserting the following item in
        its appropriate alphabetical order: “Ngāti Manawa Claims
        Settlement Act 2010, section 13(3) to (6)”.              10

15      Certain enactments do not apply
(1)     Nothing in the enactments listed in subsection (2) applies—
        (a) to a settlement property (other than a deferred selection
              property); or
        (b) to a deferred selection property, but only on and from 15
              the actual deferred selection settlement date (if any) for
              the property; or
        (c) for the benefit of Ngāti Manawa or a representative en-
              tity for Ngāti Manawa.
(2)     The enactments are—                                              20
        (a) sections 8A to 8HJ of the Treaty of Waitangi Act 1975:
        (b) sections 27A to 27C of the State-Owned Enterprises Act
              1986:
        (c) sections 211 to 213 of the Education Act 1989:
        (d) Part 3 of the Crown Forest Assets Act 1989:                  25
        (e) Part 3 of the New Zealand Railways Corporation Re-
              structuring Act 1990.

16      Removal of memorials
(1)     The chief executive of LINZ must issue to the Registrar-Gen-
        eral a certificate that identifies (by reference to the relevant 30
        legal description, certificate of title, or computer register) each
        allotment that is—
        (a) all, or part of, a settlement property; and




56
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill              Part 1 cl 17


      (b)    contained in a certificate of title or computer register
             that has a memorial entered under any enactment re-
             ferred to in section 15(2).
(2)   The chief executive of LINZ must issue a certificate under
      subsection (1) as soon as is reasonably practicable after—            5
      (a) the settlement date, in the case of a settlement property
             other than a deferred selection property; or
      (b) the actual deferred selection settlement date, in the case
             of a deferred selection property.
(3)   Each certificate must state that it is issued under this section.     10
(4)   The Registrar-General must, as soon as is reasonably prac-
      ticable after receiving a certificate issued under subsection
      (1),—
      (a) register the certificate against each certificate of title or
             computer register identified in the certificate; and           15
      (b) cancel, in respect of each allotment identified in the cer-
             tificate, each memorial that is entered (in accordance
             with an enactment referred to in section 15(2)) on a
             certificate of title or computer register identified in the
             certificate.                                                   20

                     Miscellaneous matters
17    Rule against perpetuities does not apply
(1)   Neither the rule against perpetuities nor the Perpetuities Act
      1964 prescribes or restricts the period during which—
      (a) the trust established by the Te Rūnanga o Ngāti Manawa 25
             trust deed may exist in law; or
      (b) the trustees of Te Rūnanga o Ngāti Manawa, in their
             capacity as trustees, may hold or deal with property or
             income from property.
(2)   Neither the rule against perpetuities nor the Perpetuities Act 30
      1964 applies to a document entered into to give effect to the
      deed of settlement if the application of the rule or the Act
      would make the document invalid or ineffective or a right con-
      ferred by the document invalid or ineffective.
(3)   However, if the trust established by the Te Rūnanga o Ngāti 35
      Manawa trust deed is or becomes a charitable trust, whether


                                                                      57
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 18              Claims Settlement Bill


        and how the rule against perpetuities or the Perpetuities Act
        1964 applies must be determined under the general law.

18      Timing of actions or matters
(1)     Actions or matters occurring under this Part occur or take
        effect on and from the settlement date.                         5
(2)     However, if a provision of this Part requires an action or mat-
        ter to occur or take effect on a date other than the settlement
        date, that action or matter occurs or takes effect on and from
        that other date.

19      Access to deed of settlement                                   10
        On and from the settlement date, the chief executive of the
        Ministry of Justice must make copies of the deed of settlement
        available in the following ways:
        (a) free of charge on an Internet site maintained by or on
              behalf of the Ministry of Justice; and                   15
        (b) at the head office of the Ministry of Justice in Welling-
              ton on a business day—
              (i)     for reading free of charge; and
              (ii) for purchase at a reasonable price.

                          Cultural redress                              20
                             Ahikāroa
20      Declaration and acknowledgement of Ahikāroa
(1)     Tāwhiuau is declared to be subject to an overlay classification
        called Ahikāroa.
(2)     The Crown acknowledges the Ngāti Manawa values relating 25
        to Tāwhiuau.
(3)     The text of the acknowledgement is set out in Part 1 of the
        schedule of the deed of settlement.

21      Purposes of Ahikāroa
(1)     The only purposes of the declaration and acknowledgement 30
        under section 20 are to—
        (a) require the New Zealand Conservation Authority and
              relevant Conservation Boards to have particular regard


58
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 1 cl 23


            to Ngāti Manawa values and the protection principles,
            as provided for in section 23(1) and (2); and
      (b) require the New Zealand Conservation Authority to
            give the trustees of Te Rūnanga o Ngāti Manawa an
            opportunity to make submissions, as provided for in 5
            section 23(3); and
      (c) enable the taking of action under sections 25 to 28.
(2)   This section does not limit sections 31 to 33.

22    Agreement on protection principles
(1)   The trustees of Te Rūnanga o Ngāti Manawa and the Crown             10
      may agree on, and publicise, protection principles that are di-
      rected at the Minister of Conservation—
      (a) avoiding harm to Ngāti Manawa values in relation to
             the area subject to Ahikāroa; or
      (b) avoiding the diminishing of Ngāti Manawa values in              15
             relation to the area subject to Ahikāroa.
(2)   The protection principles set out in Part 1 of the Schedule of
      the deed of settlement are to be treated as having been agreed
      by the trustees of Te Rūnanga o Ngāti Manawa and the Crown
      under subsection (1).                                               20
(3)   The protection principles may be amended by—
      (a) written agreement between the trustees of Te Rūnanga
             o Ngāti Manawa and the Crown; or
      (b) the Minister of Conservation, after consulting with the
             trustees of Te Rūnanga o Ngāti Manawa, to give effect        25
             to a deed of settlement with another claimant group with
             an interest in the area subject to Ahikāroa.

23    Duties of Conservation Authority and Conservation
      Boards towards Ahikāroa
(1)   When the New Zealand Conservation Authority or a Conser- 30
      vation Board considers a conservation document (including a
      draft) or a proposal or recommendation for a change of status
      in relation to the area subject to Ahikāroa, it must have par-
      ticular regard to—
      (a) Ngāti Manawa values; and                                   35
      (b) the protection principles.


                                                                    59
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 24              Claims Settlement Bill


(2)     Before approving a conservation document or making a pro-
        posal or recommendation for a change of status in relation to
        the area subject to Ahikāroa, the New Zealand Conservation
        Authority or a Conservation Board must—
        (a) consult with the trustees of Te Rūnanga o Ngāti Man-        5
                awa; and
        (b) have particular regard to the views of the trustees of Te
                Rūnanga o Ngāti Manawa as to the effect of the con-
                servation document or proposal or recommendation for
                the change of status on—                                10
                (i)    Ngāti Manawa values; and
                (ii) the protection principles.
(3)     If the trustees of Te Rūnanga o Ngāti Manawa advise the New
        Zealand Conservation Authority in writing that they have sig-
        nificant concerns about a draft conservation document in re-    15
        lation to the area subject to Ahikāroa, the New Zealand Con-
        servation Authority must, before approving the conservation
        document, give the trustees of Te Rūnanga o Ngāti Manawa
        a reasonable opportunity to make submissions in relation to
        those concerns.                                                 20

24      Noting of Ahikāroa
(1)     The declaration under section 20 must be noted in all con-
        servation documents affecting the area subject to Ahikāroa.
(2)     The noting of Ahikāroa under subsection (1) is—
        (a) for the purpose of public notice only; and                 25
        (b) not an amendment to a conservation document for the
               purposes of section 17I of the Conservation Act 1987 or
               section 46 of the National Parks Act 1980, as the case
               may be.

25      Notification in Gazette                                        30
(1)     The Minister of Conservation must notify in the Gazette—
        (a) the declaration of Tāwhiuau as being subject to
              Ahikāroa as soon as practicable after the settlement
              date; and
        (b) the protection principles as soon as practicable after the 35
              settlement date; and


60
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 1 cl 27


      (c)    any amendments to the protection principles agreed
             under section 22(3) as soon as practicable after the
             amendment has been effected; and
      (d) any action taken or intended to be taken under section
             26.                                                        5
(2)   The Director-General may notify in the Gazette any action (in-
      cluding any action set out in paragraph 5 of Part 1 of the sched-
      ule of the deed of settlement) taken or intended to be taken
      under section 26 or 27.

26    Actions by Director-General                                      10
(1)   The Director-General must take action in relation to the pro-
      tection principles, including the actions set out in paragraph 5
      in the Ahikāroa in Part 1 of the schedule of the deed of settle-
      ment.
(2)   The Director-General retains complete discretion to determine 15
      the method and extent of the action to be taken under subsec-
      tion (1).
(3)   The Director-General must notify the trustees of Te Rūnanga
      o Ngāti Manawa in writing of the intended action under sub-
      section (1).                                                     20
(4)   If requested in writing by the trustees of Te Rūnanga o Ngāti
      Manawa, the Director-General must not take action in respect
      of the protection principles to which the request relates.

27    Amendment to conservation documents
(1)   The Director-General may initiate an amendment to a conser- 25
      vation document to incorporate objectives relating to the pro-
      tection principles (including a recommendation to make regu-
      lations or bylaws).
(2)   The Director-General must consult with relevant Conservation
      Boards before initiating an amendment under subsection (1). 30
(3)   An amendment initiated under subsection (1) is an amend-
      ment for the purposes of section 17I(1) to (3) of the Conserva-
      tion Act 1987 or section 46(1) to (4) of the National Parks Act
      1980, as the case may be.




                                                                    61
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 28              Claims Settlement Bill


28      Bylaws
(1)     The Minister of Conservation may make bylaws for the fol-
        lowing purposes:
        (a) implementing objectives included in a conservation
              document under section 27(1); and                       5
        (b) regulating or prohibiting activities or conduct by mem-
              bers of the public in relation to the area subject to
              Ahikāroa; and
        (c) specifying—
              (i)    offences for breaches of the regulations or pro- 10
                     hibitions; and
              (ii) fines for committing the offences of up to $1,000
                     for each offence.
(2)     Bylaws made under this section are regulations for the pur-
        poses of the Acts and Regulations Publication Act 1989 and 15
        the Regulations (Disallowance) Act 1989.

29      Existing classification
        The purpose of, or classification of an area as, a national park,
        conservation area, or reserve is not affected by the fact that the
        area is subject to Ahikāroa.                                       20

30      Termination of Ahikāroa
(1)     The Governor-General may, by Order in Council made on the
        recommendation of the Minister of Conservation, declare that
        all or part of Tāwhiuau is no longer subject to Ahikāroa.
(2)     The Minister of Conservation must not make a recommenda- 25
        tion for the purposes of subsection (1) unless—
        (a) the trustees of Te Rūnanga o Ngāti Manawa and the
                Minister of Conservation have agreed in writing that the
                status of Ahikāroa is no longer appropriate for the area
                concerned; or                                            30
        (b) the area concerned is disposed of by the Crown; or
        (c) the responsibility for managing the area concerned is
                transferred to a different Minister or department.
(3)     Subsection (4) applies if subsection (2)(b) or (c) applies.
(4)     The Crown must give the trustees of Te Rūnanga o Ngāti Man- 35
        awa at least 2 months’ written notice of its intention to—


62
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 1 cl 33


      (a)    dispose of an area subject to Ahikāroa; or
      (b)    transfer the responsibility for managing an area subject
             to Ahikāroa to a different Minister or department.
(5)   Before the Crown carries out an action under subsection
      (4)(a) or (b), it must take reasonable steps to provide for the 5
      trustees of Te Rūnanga o Ngāti Manawa to continue to have in-
      put into the management of Tāwhiuau by discussing the matter
      with the trustees of Te Rūnanga o Ngāti Manawa and the new
      owner, Minister, or department and ensuring that the trustees
      of Te Rūnanga o Ngāti Manawa’s views are taken into account 10
      in the discussion.

31    Exercise of powers, duties, and functions
(1)   Nothing in section 20 affects or may be taken into account
      in the exercise of any power by, or performance of any duty or
      function of, any person under any legislation or bylaw.        15
(2)   No person, in considering a matter or making a decision or
      recommendation under any legislation or bylaw, may give any
      greater or lesser weight to Ngāti Manawa values than that per-
      son would give if the area were not subject to Ahikāroa and
      Ngāti Manawa values had not been acknowledged in relation 20
      to the area.
(3)   Subsection (2) does not limit the operation of subsection
      (1).
(4)   This section applies subject to sections 21 to 30.

32    Rights not affected                                              25
(1)   Section 20 does not affect the lawful rights or interests of any
      person who is not a party to the deed of settlement.
(2)   This section applies subject to sections 21 to 30.

33    Limitation of rights
(1)   Section 20 does not have the effect of granting, creating, or 30
      providing evidence of any estate or interest in, or any rights of
      any kind relating to, the area subject to Ahikāroa.
(2)   This section applies subject to sections 21 to 30.



                                                                   63
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 34              Claims Settlement Bill


                              Protocols
34      Authority to issue, amend, or cancel protocols
(1)     Each responsible Minister—
        (a) must issue a protocol to the trustees of Te Rūnanga o
               Ngāti Manawa in the form set out in Part 2 of the sched- 5
               ule of the deed of settlement; and
        (b) may amend or cancel that protocol.
(2)     A protocol may be amended or cancelled under subsection
        (1) at the initiative of either—
        (a) the trustees of Te Rūnanga o Ngāti Manawa; or                10
        (b) the responsible Minister.
(3)     The responsible Minister may amend or cancel a protocol only
        after consulting with, and having particular regard to the views
        of, the trustees of Te Rūnanga o Ngāti Manawa.

35      Protocols subject to rights, functions, and obligations           15
        Protocols do not restrict—
        (a) the ability of the Crown to exercise its powers and per-
              form its functions and duties in accordance with the law
              and government policy, which includes (without limita-
              tion) the ability to—                                       20
              (i)    introduce legislation and change government
                     policy; and
              (ii) interact or consult with a person the Crown con-
                     siders appropriate, including (without limitation)
                     any iwi, hapū, marae, whānau, or other represen-     25
                     tative of tangata whenua; or
        (b) the responsibilities of a responsible Minister or a re-
              sponsible department; or
        (c) the legal rights of the trustees of Te Rūnanga o Ngāti
              Manawa or a representative entity.                          30

36      Enforceability of protocols
(1)     The Crown must comply with a protocol while it is in force.
(2)     If the Crown fails, without good cause, to comply with a proto-
        col, the trustees of Te Rūnanga o Ngāti Manawa may, subject
        to the Crown Proceedings Act 1950, enforce the protocol.        35


64
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 1 cl 38


(3)   Despite subsection (2), damages or any form of monetary
      compensation are not available as a remedy for a failure by
      the Crown to comply with a protocol.
(4)   To avoid doubt,—
      (a) subsections (1) and (2) do not apply to guidelines 5
            developed for the implementation of a protocol; and
      (b) subsection (3) does not affect the ability of a court
            to award costs incurred by the trustees of Te Rūnanga
            o Ngāti Manawa in enforcing the protocol under sub-
            section (2).                                          10

37    DOC protocol
(1)   A summary of the terms of the DOC protocol must be noted in
      the conservation documents affecting the DOC protocol area.
(2)   The noting of the DOC protocol is—
      (a) for the purpose of public notice only; and                    15
      (b) not an amendment to the conservation documents for
             the purposes of section 171 of the Conservation Act
             1987 or section 46 of the National Parks Act 1980.
(3)   The DOC protocol does not have the effect of creating, grant-
      ing, or providing evidence of an estate or interest in, or rights 20
      relating to, land held, managed, or administered, or flora or
      fauna managed or administered, under the—
      (a) Conservation Act 1987; or
      (b) other statutes listed in Schedule 1 of that Act.

38    Fisheries protocol                                                25
(1)   A summary of the terms of the fisheries protocol must be noted
      in fisheries plans affecting the fisheries protocol area.
(2)   The noting of the fisheries protocol is—
      (a) for the purpose of public notice only; and
      (b) not an amendment to the fisheries plans for the purposes 30
             of section 11A of the Fisheries Act 1996.
(3)   In this section, fisheries plan means a plan approved or
      amended under section 11A of the Fisheries Act 1996.
(4)   The fisheries protocol does not have the effect of granting,
      creating, or providing evidence of an estate or interest in, or 35
      rights relating to, assets or other property rights (including in

                                                                    65
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 39              Claims Settlement Bill


        respect of fish, aquatic life, and seaweed) held, managed, or
        administered under any of the following enactments—
        (a) the Fisheries Act 1996:
        (b) the Treaty of Waitangi (Fisheries Claims) Settlement
              Act 1992:                                               5
        (c) the Māori Commercial Aquaculture Claims Settlement
              Act 2004:
        (d) the Māori Fisheries Act 2004.

39      Taonga tūturu protocol
        The taonga tūturu protocol does not have the effect of creating, 10
        granting, or providing evidence of—
        (a) an estate or interest in taonga tūturu; or
        (b) rights relating to taonga tūturu.

40      Crown minerals protocol
(1)     A summary of the terms of the Crown minerals protocol must        15
        be noted—
        (a) in a register of protocols maintained by the chief execu-
                tive of the Ministry of Economic Development; and
        (b) in the minerals programmes affecting the Crown
                minerals protocol area when those programmes are          20
                replaced.
(2)     The noting of the Crown minerals protocol is—
        (a) for the purpose of public notice only; and
        (b) not an amendment to the minerals programme for the
                purposes of the Crown Minerals Act 1991.                  25
(3)     The Crown minerals protocol does not have the effect of cre-
        ating, granting, or providing evidence of an estate or interest
        in, or rights relating to, any Crown owned mineral.
(4)     In this section, minerals programme has the meaning given
        to it in section 2(1) of the Crown Minerals Act 1991.             30

                    Statutory acknowledgement
41      Statutory acknowledgement by the Crown
(1)     The Crown acknowledges the statements of association.
(2)     In this Part, statements of association means the state-
        ments—                                                   35

66
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 1 cl 44


      (a)   made by Ngāti Manawa of their particular cultural, spir-
            itual, historical, and traditional association with each
            statutory area:
      (b)   that are in the form set out in Part 4 of the schedule of
            the deed of settlement at the settlement date.            5

42    Purposes of statutory acknowledgement
(1)   The only purposes of the statutory acknowledgement are to—
      (a) require relevant consent authorities, the Environment
            Court, and the Historic Places Trust to have regard to
            the statutory acknowledgement, as provided for in sec- 10
            tions 43 to 45:
      (b) require relevant consent authorities to forward sum-
            maries of resource consent applications to the trustees
            of Te Rūnanga o Ngāti Manawa, as provided for in
            section 47:                                             15
      (c) enable the trustees of Te Rūnanga o Ngāti Manawa and
            any member of Ngāti Manawa to cite the statutory ac-
            knowledgement as evidence of the association of Ngāti
            Manawa with the relevant statutory areas, as provided
            for in section 48.                                      20
(2)   This section does not limit sections 51 to 53.

43    Relevant consent authorities to have regard to statutory
      acknowledgement
(1)   On and from the effective date, a relevant consent authority
      must have regard to the statutory acknowledgement relating to 25
      a statutory area in deciding, under section 95E of the Resource
      Management Act 1991, if the trustees of Te Rūnanga o Ngāti
      Manawa are affected persons in relation to an activity within,
      adjacent to, or directly affecting the statutory area for which
      an application for a resource consent has been made.            30
(2)   Subsection (1) does not limit the obligations of a relevant
      consent authority under the Resource Management Act 1991.

44    Environment Court to have regard to statutory
      acknowledgement
(1)   On and from the effective date, the Environment Court must 35
      have regard to the statutory acknowledgement relating to a
                                                                   67
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 45               Claims Settlement Bill


        statutory area in deciding, under section 274 of the Resource
        Management Act 1991, if the trustees of Te Rūnanga o Ngāti
        Manawa are persons who have an interest in proceedings that
        is greater than the general public has in respect of an applica-
        tion for a resource consent for activities within, adjacent to, or 5
        directly affecting the statutory area.
(2)     Subsection (1) does not limit the obligations of the Environ-
        ment Court under the Resource Management Act 1991.

45      Historic Places Trust and Environment Court to have
        regard to statutory acknowledgement                                  10
(1)     This section applies if, on or after the effective date, an appli-
        cation is made under section 11 or 12 of the Historic Places
        Act 1993 for an authority to destroy, damage, or modify an
        archaeological site within a statutory area.
(2)     The Historic Places Trust must have regard to the statutory          15
        acknowledgement relating to a statutory area in exercising its
        powers under section 14 of the Historic Places Act 1993 in
        relation to the application referred to in subsection (1).
(3)     The Environment Court must have regard to the statutory
        acknowledgement relating to a statutory area in determining          20
        under section 20 of the Historic Places Act 1993 any appeal
        from a decision of the Historic Places Trust in relation to
        the application referred to in subsection (1), including in
        determining whether the trustees of Te Rūnanga o Ngāti
        Manawa are persons directly affected by the decision.                25
(4)     In this section, archaeological site has the meaning given to
        it in section 2 of the Historic Places Act 1993.

46      Recording statutory acknowledgement on statutory plans
(1)     On and from the effective date, each relevant consent authority
        must attach information recording the statutory acknowledge- 30
        ment to all statutory plans that wholly or partly cover a statu-
        tory area.
(2)     The information attached to a statutory plan must include the
        relevant provisions of sections 42 to 45 in full, the descrip-
        tions of the statutory areas, and the statements of association. 35



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                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill              Part 1 cl 47


(3)   The attachment of information to a statutory plan under this
      section is for the purpose of public information only, and the
      information is not—
      (a) part of the statutory plan, unless adopted by the relevant
             consent authority:                                      5
      (b) subject to the provisions of Schedule 1 of the Resource
             Management Act 1991, unless adopted as part of the
             statutory plan.

47    Distribution of resource consent applications to trustees
      of Te Rūnanga o Ngāti Manawa                                          10
(1)   Each relevant consent authority must, for a period of 20 years
      from the effective date, forward to the trustees of Te Rūnanga
      o Ngāti Manawa, in the following form, a summary of re-
      source consent applications received by that consent authority
      for activities within, adjacent to, or directly affecting a statu-    15
      tory area:
      (a) if the application is received by the consent authority, a
             summary of the application; or
      (b) if notice of the application is served on the consent au-
             thority under section 145(10) of the Resource Manage-          20
             ment Act 1991, a copy of the notice.
(2)   The information provided under subsection (1) must be—
      (a) the same as would be given to an affected person by
             limited notification under section 95B of the Resource
             Management Act 1991 or as may be agreed between the            25
             trustees of Te Rūnanga o Ngāti Manawa and the relevant
             consent authority:
      (b) provided as soon as is reasonably practicable after the
             application is received and before the relevant consent
             authority decides, under section 95 of that Act, whether       30
             to notify the application.
(3)   The trustees of Te Rūnanga o Ngāti Manawa may, by notice in
      writing to a relevant consent authority,—
      (a) waive their rights to be notified under this section:
      (b) state the scope of that waiver and the period it applies          35
             for.



                                                                      69
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 48               Claims Settlement Bill


(4)     A copy of a notice of an application must be provided under
        subsection (1)(b) no later than 10 business days after the day
        on which the consent authority receives the notice.
(5)     This section does not affect a relevant consent authority’s obli-
        gation to decide,—                                                5
        (a) under section 95 of the Resource Management Act
               1991, whether to notify an application:
        (b) under section 95E of that Act, if the trustees of Te Rū-
               nanga o Ngāti Manawa are affected persons in relation
               to an activity.                                            10

48      Use of statutory acknowledgement
(1)     The trustees of Te Rūnanga o Ngāti Manawa and any member
        of Ngāti Manawa may, as evidence of the association of Ngāti
        Manawa with a statutory area, cite the statutory acknowledge-
        ment that relates to that area in submissions to, and in proceed-   15
        ings before, a relevant consent authority, the Environmental
        Protection Authority or a board of inquiry under Part 6AA of
        the Resource Management Act 1991, the Environment Court,
        or the Historic Places Trust concerning activities within, adja-
        cent to, or directly affecting the statutory areas.                 20
(2)     The content of a statement of association is not, by virtue of
        the statutory acknowledgement, binding as fact on—
        (a) relevant consent authorities:
        (b) the Environmental Protection Authority or a board of
               inquiry under Part 6AA of the Resource Management            25
               Act 1991:
        (c) the Environment Court:
        (d) the Historic Places Trust:
        (e) parties to proceedings before those bodies:
        (f)    any other person who is entitled to participate in those     30
               proceedings.
(3)     Despite subsection (2), the statutory acknowledgement may
        be taken into account by the bodies and persons specified in
        that section.
(4)     To avoid doubt,—                                                    35
        (a) neither the trustees of Te Rūnanga o Ngāti Manawa nor
               members of Ngāti Manawa are precluded from stating
               that Ngāti Manawa has an association with a statutory

70
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill              Part 1 cl 50


            area that is not described in the statutory acknowledge-
            ment:
      (b)   the content and existence of the statutory acknowledge-
            ment do not limit any statement made.

49    Meaning of river in statutory acknowledgement and                     5
      deeds of recognition
      If a statutory acknowledgement or deed of recognition relates
      to a river, the river—
      (a) means—
              (i)    a continuously or intermittently flowing body of       10
                     fresh water, including a stream or a modified
                     watercourse; and
              (ii) the bed of the river; but
      (b) does not include—
              (i)    in the case of a statutory acknowledgement, a part     15
                     of the bed of the river that is not owned by the
                     Crown; or
              (ii) in the case of a deed of recognition, a part of the
                     bed of the river that is not owned and managed
                     by the Crown; or                                       20
              (iii) land that the waters of the river do not cover at
                     its fullest flow without overlapping its banks; or
              (iv) an artificial watercourse; or
              (v) a tributary flowing into the river, unless the statu-
                     tory acknowledgement or deed of recognition            25
                     provides otherwise.

                      Deeds of recognition
50    Authorisation to enter into and amend deeds of
      recognition
(1)   The Minister of Conservation and the Director-General must 30
      enter into a deed of recognition with the trustees of Te Rūnanga
      o Ngāti Manawa in respect of the following statutory areas:
      (a) Pukehinau (pā); and
      (b) Te Kōhua (wāhi tapu and urupā); and
      (c) Rangitaiki River within the Ngāti Manawa Area of In- 35
             terest; and


                                                                      71
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 51              Claims Settlement Bill


        (d)    Whirinaki River within the Ngāti Manawa Area of In-
               terest; and
        (e) Horomanga River within the Ngāti Manawa Area of
               Interest; and
        (f)    Wheao River within the Ngāti Manawa Area of Interest.    5
(2)     The Commissioner of Crown Lands must enter into a deed of
        recognition with the trustees of Te Rūnanga o Ngāti Manawa
        in respect of the following statutory areas:
        (a) Rangitaiki River within the Ngāti Manawa Area of In-
               terest; and                                              10
        (b) Whirinaki River within the Ngāti Manawa Area of In-
               terest; and
        (c) Horomanga River within the Ngāti Manawa Area of
               Interest; and
        (d) Wheao River within the Ngāti Manawa Area of Interest.       15
(3)     The deeds referred to in subsections (1) and (2) may be
        amended by the parties entering into a deed to amend the ori-
        ginal deed.
(4)     In this section, deed of recognition means a deed—
        (a) entered into in accordance with clauses 5.22 to 5.28 of     20
               the deed of settlement; and
        (b) in the form set out in Part 6 of the schedule of the deed
               of settlement.

                        General provisions
51      Exercise of powers and performance of duties and                25
        functions
(1)     Except as expressly provided in this Part,—
        (a) the statutory acknowledgement and the deed of recog-
              nition do not affect, and may not be taken into account
              by, a person exercising a power or performing a func- 30
              tion or duty under legislation or a bylaw; and
        (b) no person, in considering a matter or making a decision
              or recommendation under legislation or a bylaw, may
              give greater or lesser weight to the association of Ngāti
              Manawa with a statutory area (as described in a state- 35
              ment of association) than that person would give under
              the relevant legislation or bylaw if no statutory acknow-

72
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 1 cl 55


            ledgement or deed of recognition existed in respect of
            the statutory area.
(2)   Subsection (1)(b) does not affect the operation of subsec-
      tion (1)(a).


52    Rights not affected                                            5
      Except as expressly provided in this Part, the statutory ac-
      knowledgement and the deed of recognition do not affect the
      lawful rights or interests of any person who is not a party to
      the deed of settlement.

53    Limitations of rights                                            10
      Except as expressly provided in this Part, the statutory ac-
      knowledgement and the deed of recognition do not have the
      effect of creating, granting, or providing evidence of an estate
      or interest in, or rights relating to, a statutory area.

       Amendment to Resource Management Act 1991                         15
54    Amendment to Resource Management Act 1991
(1)   This section amends the Resource Management Act 1991.
(2)   Schedule 11 is amended by inserting the following item in
      its appropriate alphabetical order: “Ngāti Manawa Claims
      Settlement Act 2010”.                                     20

                      Advisory committees
55    Fisheries advisory committee
(1)   The Minister of Fisheries must appoint from the settlement
      date the trustees of Te Rūnanga o Ngāti Manawa as an advisory
      committee under section 21 of the Ministry of Agriculture and 25
      Fisheries (Restructuring) Act 1995.
(2)   The Minister must consider the advice of the committee on all
      matters concerning the utilisation, while ensuring the sustain-
      ability, of aquatic life, fish, and seaweed administered by the
      Ministry of Fisheries under the Fisheries Act 1996 within the 30
      fisheries protocol area.
(3)   In considering the advice, the Minister must recognise and
      provide for the customary non-commercial interests of Ngāti

                                                                   73
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 56               Claims Settlement Bill


        Manawa in all matters concerning the utilisation, while ensur-
        ing the sustainability, of aquatic life, fish, and seaweed admin-
        istered by the Ministry of Fisheries under the Fisheries Act
        1996 within the fisheries protocol area.

56      Fisheries (conservation) advisory committee                    5
(1)     The Minister of Conservation must appoint the trustees of Te
        Rūnanga o Ngāti Manawa as an advisory committee from the
        settlement date under section 56 of the Conservation Act 1987.
(2)     The Minister must consider the advice of the committee on
        all matters concerning the conservation and management by 10
        the Department of Conservation of freshwater species in the
        DOC protocol area to the extent that the species are under the
        department’s jurisdiction.

                  Pou rāhui in Crown owned sites
57      Pou rāhui in Crown owned sites                                      15
(1)     The Crown acknowledges the cultural, historical, spiritual,
        and traditional association of Ngāti Manawa with the sites
        listed in Part 7 of the schedule of the deed of settlement.
(2)     Subject to subsection (3), the trustees of Te Rūnanga o Ngāti
        Manawa may access, erect, and maintain pou rāhui at the sites,      20
        notwithstanding the Conservation Act 1987 and the National
        Parks Act 1980.
(3)     The Minister of Conservation may give the trustees of Te Rū-
        nanga o Ngāti Manawa written notice imposing conditions that
        the Minister considers appropriate about—                           25
        (a) accessing, erecting, and maintaining pou rāhui on the
                sites; and
        (b) protecting the conservation values of the sites on which
                pou rāhui are erected; and
        (c) avoiding, mitigating, or remedying adverse effects aris-        30
                ing from accessing, erecting, or maintaining pou rāhui.

                          Geographic names
58      Interpretation
        In sections 59 to 62,—


74
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill           Part 1 cl 62


      new official geographic name—
      (a) means the name to which the existing official geo-
           graphic name is altered under section 59(1); and
      (b) includes any alteration to the new official geographic
           name under section 61.                                5

59    New official geographic name
(1)   The existing official geographic name specified in the first col-
      umn of the table set out in Part 8 of the schedule of the deed of
      settlement (at the settlement date) is altered to the new official
      geographic name specified in the second column of that table. 10
(2)   The change made under subsection (1) is to be treated as hav-
      ing been made by the New Zealand Geographic Board in ac-
      cordance with the New Zealand Geographic Board (Ngā Pou
      Taunaha o Aotearoa) Act 2008.

60    Publication of new official geographic name                    15
      The New Zealand Geographic Board must, as soon as practic-
      able after the settlement date, comply with section 21(2) and
      (3) of the New Zealand Geographic Board (Ngā Pou Taunaha
      o Aotearoa) Act 2008 (which relate to public notice) as if the
      change under section 59 of this Part were a determination 20
      referred to in section 21(1) of that Act.

61    Alteration of new official geographic name
(1)   Despite the New Zealand Geographic Board (Ngā Pou Tau-
      naha o Aotearoa) Act 2008, the New Zealand Geographic
      Board may, with the consent of the trustees of Te Rūnanga o 25
      Ngāti Manawa, alter any new official geographic name or its
      location.
(2)   Section 60 applies, with any necessary modifications, to an
      alteration made under subsection (1).

62    When new official geographic name takes effect                30
      Place names altered under section 59 or 61 take effect on the
      date the Gazette notice is published under section 60.




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                      Ngāti Manawa and Ngāti Whare
Part 1 cl 63               Claims Settlement Bill


               Crown may provide other similar redress
63      Crown may provide other similar redress
(1)     The provision of the specified cultural redress does not prevent
        the Crown from doing anything that is consistent with that
        cultural redress, including—                                      5
        (a) providing the same or similar redress to a person other
                than Ngāti Manawa or the trustees of Te Rūnanga o
                Ngāti Manawa; or
        (b) disposing of land.
(2)     However, subsection (1) is not an acknowledgement by the 10
        Crown or Ngāti Manawa that any other iwi or group has inter-
        ests in relation to land or an area to which any of the specified
        cultural redress relates.
(3)     In this section, specified cultural redress means the protocols,
        the statutory acknowledgements, and the deeds of recognition. 15

                        Vesting of properties

                     Sites that vest in fee simple
64      Ōruatewehi Pā site
(1)     The fee simple estate in the Ōruatewehi Pā site vests in the
        trustees of Te Rūnanga o Ngāti Manawa.                       20
(2)     Subsection (1) is subject to section 98(3).


65      Kiorenui site
(1)     The fee simple estate in the Kiorenui site vests in the trustees
        of Te Rūnanga o Ngāti Manawa.
(2)     Subsection (1) is subject to section 98(3).                      25

66      Kakarāhonui Kāinga site
(1)     The Kakarāhonui Kāinga site ceases to be a conservation area
        under the Conservation Act 1987.
(2)     The fee simple estate in the Kakarāhonui Kāinga site vests in
        the trustees of Te Rūnanga o Ngāti Manawa.                    30




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                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill              Part 1 cl 69


67    Kāramuramu site
(1)   The reservation of the Fort Galatea historic reserve area as an
      historic reserve subject to section 18 of the Reserves Act 1977
      is revoked.
(2)   The Galatea stewardship site ceases to be a conservation area        5
      under the Conservation Act 1987.
(3)   The fee simple estate in the Kāramuramu site vests in the
      trustees of Te Rūnanga o Ngāti Manawa.
(4)   The Fort Galatea historic reserve area is declared a reserve and
      classified as an historic reserve subject to section 18 of the       10
      Reserves Act 1977.
(5)   Subsections (1) to (4) are subject to—
      (a) section 98(3); and
      (b) the trustees of Te Rūnanga o Ngāti Manawa providing
             the Crown with—                                               15
             (i)    a registrable covenant in relation to section 7 SO
                    431616 in the form set out Part 11 of the sched-
                    ule of the deed of settlement (the Kāramuramu
                    covenant); and
             (ii) a registrable right of way easement in gross in          20
                    favour of the Minister of Conservation over the
                    area marked “B” on SO 431616 in the form set
                    out Part 12 of the schedule of the deed of settle-
                    ment.
(6)   The Kāramuramu covenant is to be treated as a conservation           25
      covenant for the purposes of section 77 of the Reserves Act
      1977.

68    Motumako site
(1)   The fee simple estate in the Motumako site vests in the trustees
      of Te Rūnanga o Ngāti Manawa.                                    30
(2)   Subsection (1) is subject to section 98(3).


69    Te Ana a Maru Rock Art site
(1)   Subject to section 98(3), the fee simple estate in the Te Ana a
      Maru Rock Art site vests in the trustees of Te Rūnanga o Ngāti
      Manawa.                                                         35


                                                                     77
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 70               Claims Settlement Bill


(2)     As soon as reasonably practicable after the site becomes a re-
        turn area, the trustees of Te Rūnanga o Ngāti Manawa must
        give the Director-General written notice of the fact.
(3)     Within 20 business days of the Director-General receiving the
        notice under subsection (2), the Minister of Conservation           5
        must publish a Gazette notice that—
        (a) declares the Te Ana a Maru Rock Art site a reserve and
               classifies it as an historic reserve subject to section 18
               of the Reserves Act 1977; and
        (b) takes effect on the day after the return date.                  10
(4)     On the day the Te Ana a Maru Rock Art site is declared an
        historic reserve the protective covenant B239828.2 is deemed
        to be cancelled to the extent that it affects the site.
(5)     Within 10 business days of the Gazette notice taking effect,
        the Director-General must give the Registrar-General written        15
        notice that—
        (a) the Te Ana a Maru Rock Art site has been declared a
               reserve and classified as an historic reserve subject to
               section 18 of the Reserves Act 1977; and
        (b) the note made under section 92(1)(b) on the computer            20
               freehold register for the site no longer applies; and
        (c) section 92(1)(a) applies; and
        (d) section 90 applies, as if an application has been made
               under that section; and
        (e) the protective covenant B239828.2 is cancelled in re-           25
               spect of the site.
(6)     As soon as practicable after receiving the notice under sub-
        section (5), the Registrar-General must make the appropriate
        entries on the computer freehold register for the Te Ana a Maru
        Rock Art site.                                                      30

70      Tūtūtarata Papakainga site
(1)     The fee simple estate in the Tūtūtarata Papakainga site vests
        in the trustees of Te Rūnanga o Ngāti Manawa.
(2)     Subsection (1) is subject to section 98(3).




78
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill           Part 1 cl 77


71    Pekepeke Pā site
(1)   The fee simple estate in the Pekepeke Pā site vests in the
      trustees of Te Rūnanga o Ngāti Manawa.
(2)   Subsection (1) is subject to section 98(3).


72    Puketapu Pā site                                           5
(1)   The fee simple estate in the Puketapu Pā site vests in the
      trustees of Te Rūnanga o Ngāti Manawa.
(2)   Subsection (1) is subject to section 98(3).


73    Pukemoremore site
(1)   The fee simple estate in the Pukemoremore site vests in the 10
      trustees of Te Rūnanga o Ngāti Manawa.
(2)   Subsection (1) is subject to section 98(3).


74    Ngātamawāhine Nohoanga site
(1)   The fee simple estate in the Ngātamawāhine Nohoanga site
      vests in the trustees of Te Rūnanga o Ngāti Manawa.      15
(2)   Subsection (1) is subject to section 98(3).


75    Kaiwhatiwhati Pā site
(1)   The fee simple estate in the Kaiwhatiwhati Pā site vests in the
      trustees of Te Rūnanga o Ngāti Manawa.
(2)   Subsection (1) is subject to section 98(3).                     20

76    Ahiweka Pā site
(1)   The fee simple estate in the Ahiweka Pā site vests in the
      trustees of Te Rūnanga o Ngāti Manawa.
(2)   Subsection (1) is subject to section 98(3).


77    Ahiwhakamura Kāinga site                                    25
(1)   The fee simple estate in the Ahiwhakamura Kāinga site vests
      in the trustees of Te Rūnanga o Ngāti Manawa.
(2)   Subsection (1) is subject to section 98(3).




                                                                  79
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 78              Claims Settlement Bill


78      Kani Rangi Park site
(1)     The part of the Kani Rangi Park site that is Lot 2 DP 418752
        ceases to be Crown forest land.
(2)     The fee simple estate in the Kani Rangi Park site vests in the
        trustees of Te Rūnanga o Ngāti Manawa.                         5
(3)     Subsections (1) and (2) are subject to section 98(3).


                             School sites
79      Galatea School site
(1)     The fee simple estate in the Galatea School site vests in the
        trustees of Te Rūnanga o Ngāti Manawa.                            10
(2)     Subsection (1) is subject to the trustees of Te Rūnanga o
        Ngāti Manawa granting to the Crown a lease of the Galatea
        School site in the form set out in Part 13 of the schedule of the
        deed of settlement.

80      Murupara School site                                              15
(1)     The fee simple estate in the Murupara School site vests in the
        trustees of Te Rūnanga o Ngāti Manawa.
(2)     Subsection (1) is subject to the trustees of Te Rūnanga o
        Ngāti Manawa granting to the Crown a lease of the Murupara
        School site in the form set out in Part 13 of the schedule of the 20
        deed of settlement.

81      Te Kura Kaupapa Motuhake o Tāwhiuau site
(1)     The fee simple estate in the Te Kura Kaupapa Motuhake o
        Tāwhiuau site vests in the trustees of Te Rūnanga o Ngāti Man-
        awa.                                                           25
(2)     Subsection (1) is subject to the trustees of Te Rūnanga o
        Ngāti Manawa granting to the Crown a lease of the Te Kura
        Kaupapa Motuhake o Tāwhiuau site in the form set out in Part
        13 of the Schedule of the deed of settlement.




80
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 1 cl 85


                       Jointly vested sites
82    Hināmoki Pā site
      An undivided half share of the fee simple estate in the
      Hināmoki Pā site vests in the trustees of Te Rūnanga o Ngāti
      Manawa as a tenant in common.                                5

83    Okārea Pā site
(1)   The Okārea Pā site ceases to be part of the Oriuwaka eco-
      logical area.
(2)   The Okārea Pā site ceases to be a conservation area under the
      Conservation Act 1987.                                            10
(3)   An undivided half share of the fee simple estate in the Okārea
      Pā site vests in the trustees of Te Rūnanga o Ngāti Manawa as
      a tenant in common.
(4)   Subsections (1) to (3) are subject to the trustees of Te Rū-
      nanga o Ngāti Manawa and the trustees of Te Rūnanga o Ngāti 15
      Whare providing the Crown with a registrable covenant in re-
      lation to the site in the form set out in Part 11 of the schedule
      of the deed of settlement (the Okārea Pā site covenant).
(5)   The Okārea Pā site covenant is to be treated as a conservation
      covenant for the purposes of section 77 of the Reserves Act 20
      1977.

84    Te Rake Pā site
(1)   An undivided half share of the fee simple estate in the Te Rake
      Pā site vests in the trustees of Te Rūnanga o Ngāti Manawa as
      a tenant in common.                                             25
(2)   Subsection (1) is subject to section 98(3).


85    Te Tāpiri Pā site
(1)   The Te Tāpiri Pā site ceases to be a conservation area under
      the Conservation Act 1987.
(2)   An undivided half share of the fee simple estate in the Te Tāpiri 30
      Pā site vests in the trustees of Te Rūnanga o Ngāti Manawa as
      a tenant in common.
(3)   Subsections (1) and (2) are subject to the trustees of Te Rū-
      nanga o Ngāti Manawa and the trustees of Te Rūnanga o Ngāti


                                                                    81
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 86               Claims Settlement Bill


        Whare providing the Crown with a registrable covenant in re-
        lation to the site in the form set out in Part 11 of the schedule
        of the deed of settlement (the Te Tāpiri Pā site covenant).
(4)     The Te Tāpiri Pā site covenant is to be treated as a conservation
        covenant for the purposes of—                                     5
        (a) section 77 of the Reserves Act 1977; and
        (b) section 27 of the Conservation Act 1987.

86      Māori reservation
(1)     The jointly vested sites are set apart as 1 Māori reservation as
        a wāhi tapu and place of cultural and historical interest as if the   10
        sites were set apart under section 338(1) of Te Ture Whenua
        Maori Act 1993.
(2)     The Māori reservation is held on trust by the trustees of Te Rū-
        nanga o Ngāti Manawa and the trustees of Te Rūnanga o Ngāti
        Whare for the benefit of Ngāti Manawa and Ngāti Whare.                15
(3)     The Māori reservation is held on the following terms as if the
        Māori Land Court had set out the terms of the trust under sec-
        tion 338(8) of Te Ture Whenua Maori Act 1993:
        (a) the jointly vested sites are inalienable; and
        (b) the conservation values of the Okārea Pā site must be             20
               maintained; and
        (c) the conservation covenant registered over the Okārea
               Pā site must not be varied without the consent of the
               Minister of Conservation; and
        (d) the conservation values of the Te Tāpiri Pā site must be          25
               maintained; and
        (e) public access to the Te Tāpiri Pā site must be main-
               tained; and
        (f)    the conservation covenant registered over the Te Tāpiri
               Pā site must not be varied without the consent of the          30
               Minister of Conservation; and
        (g) in relation to the Te Rake Pā site and until the return date
               in respect of that site, nothing in sections 86 and 87
               affects the rights and obligations of the licensee under
               the Crown forestry licence; and                                35
        (h) any other terms relating to the governance and manage-
               ment of the Māori reservation that the trustees of Te Rū-


82
                     Ngāti Manawa and Ngāti Whare
                          Claims Settlement Bill             Part 1 cl 87


             nanga o Ngāti Manawa and the trustees of Te Rūnanga
             o Ngāti Whare agree on.
(4)   The Māori Land Court has jurisdiction under section 338(8)
      of Te Ture Whenua Maori Act 1993 to amend the terms of the
      trust of the Māori reservation on a joint application from the 5
      trustees of Te Rūnanga o Ngāti Manawa and the trustees of Te
      Rūnanga o Ngāti Whare, but must not amend or derogate from
      the terms in subsection (3).
(5)   No other provision of Part 17 of Te Ture Whenua Maori Act
      1993 or regulations made under section 338(15) of Te Ture 10
      Whenua Maori Act 1993 applies to the Māori reservation.

87    How various Acts affect jointly vested sites
(1)   In relation to the Local Government (Rating) Act 2002, the
      jointly vested sites are rateable only under section 9 of the Act.
(2) In relation to the Public Works Act 1981, the jointly vested            15
      sites may not be acquired or taken under the Act without the
      consent of the Minister of Conservation.
(3) In relation to the Resource Management Act 1991, section
      108(9) applies to the jointly vested sites as if the land were
      Māori land within the meaning of Te Ture Whenua Maori Act             20
      1993.
(4) In relation to Te Ture Whenua Maori Act 1993, sections
      18(1)(c) and (d), 19(1)(a), 20, 24, 26, 194, and 342 apply to
      the jointly vested sites as if the land were Māori freehold land.
(5) Section 51 of the Crown Minerals Act 1991 is amended by                 25
      adding the following subsections:
“(7 ) No person may, for the purpose of carrying out a minimum
      impact activity, enter on any land without the consent of the
      trustees of Te Rūanga o Ngāti Whare and the trustees of Te Rū-
      nanga o Ngāti Manawa (as those terms are defined in section           30
      140 of the Ngāti Whare Claims Settlement Act 2010 and
      section 10 of the Ngāti Manawa Claims Settlement Act
      2010), if the land is registered in the names of Wharepakau
      and Tangiharuru as tenants in common.
“(8) Subsection (1)(b) applies in relation to land registered in the        35
      names of Wharepakau and Tangiharuru as tenants in common
      under section 234 of the Ngāti Whare Claims Settlement

                                                                      83
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 88               Claims Settlement Bill


        Act 2010 and section 88 of the Ngāti Manawa Claims
        Settlement Act 2010 as if that land were Māori land and as
        if the trustees of Te Rūnanga o Ngāti Whare and the trustees
        of Te Rūnanga o Ngāti Manawa (as those terms are defined in
        section 140 of the Ngāti Whare Claims Settlement Act 5
        2010 and section 10 of the Ngāti Manawa Claims Settle-
        ment Act 2010) were jointly the local iwi authority of that
        land.”

88      Title to jointly vested sites
(1)     For a jointly vested site, the Registrar-General must, in accord-   10
        ance with a written application by an authorised person,—
        (a) create a separate computer freehold register for the un-
               divided half share vested under whichever of sections
               82, 83, 84, and 85 applies; and
        (b) enter Tangiharuru, not the trustees of Te Rūnanga o             15
               Ngāti Manawa, on the register as the registered propri-
               etor; and
        (c) enter on the register encumbrances that are registered,
               notified, or notifiable and described in the application;
               and                                                          20
        (d) make a notation on the register that the land—
               (i)    is a Māori reservation created under section 86;
                      and
               (ii) is subject to section 87.
(2)     Subsection (1) applies subject to the completion of any sur-        25
        vey necessary to create the computer freehold register.
(3)     Despite the jointly vested sites being registered in the name of
        Tangiharuru,—
        (a) the trustees of Te Rūnanga o Ngāti Manawa have all the
               duties, powers, and rights of a registered proprietor of     30
               the land as a tenant in common; and
        (b) the trustees of Te Rūnanga o Ngāti Manawa perform the
               duties, and exercise the powers and rights, as a tenant
               in common in their own names and not in the name of
               Tangiharuru; and                                             35
        (c) the Registrar-General must have regard to the matters
               in paragraphs (a) and (b).


84
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 1 cl 90


(4)   A computer freehold register must be created under this sec-
      tion—
      (a) as soon as is reasonably practicable after the settlement
            date; and
      (b) no later than—                                            5
            (i)    24 months after the settlement date; or
            (ii) a later date that may be agreed in writing by the
                   Crown and the trustees of Te Rūnanga o Ngāti
                   Manawa.

           General provisions relating to vesting of                     10
                          properties
89    Properties vest subject to, or together with, encumbrances
      Each cultural redress property vests under this Part subject
      to, or together with, any encumbrances listed in relation to the
      property in Schedule 3.                                          15

90    Registration of ownership
(1)   This section applies to the fee simple estate in a cultural redress
      property (other than a jointly vested property) vested in the
      trustees of Te Rūnanga o Ngāti Manawa under this Part.
(2)   The Registrar-General must, on written application by an au- 20
      thorised person, comply with subsections (3) and (4).
(3)   To the extent that a cultural redress property is all of the land
      contained in a computer freehold register, the Registrar-Gen-
      eral must—
      (a) register the trustees of Te Rūnanga o Ngāti Manawa as 25
             the proprietors of the fee simple estate in the land; and
      (b) make any entries in the register and do all other things
             that are necessary to give effect to this Part and to Part
             6 of the deed of settlement.
(4)   To the extent that a cultural redress property is not all of the 30
      land contained in a computer freehold register, or there is no
      computer freehold register for all or part of the property, the
      Registrar-General must, in accordance with an application re-
      ceived from an authorised person,—




                                                                   85
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 91               Claims Settlement Bill


        (a)    create 1 or more computer freehold registers for the fee
               simple estate in the property in the names of the trustees
               of Te Rūnanga o Ngāti Manawa; and
        (b) enter on the register any encumbrances that are regis-
               trable, notified, or notifiable and that are described in 5
               the application.
(5)     Subsection (4) applies to the completion of any survey ne-
        cessary to create the computer freehold register.
(6)     A computer freehold register must be created under this sec-
        tion as soon as is reasonably practicable after the settlement 10
        date, but no later than—
        (a) 24 months after the settlement date; or
        (b) any later date that may be agreed in writing by the
               trustees of Te Rūnanga o Ngāti Manawa and the Crown.

91      Application of Part 4A of Conservation Act 1987                        15
(1)     The vesting of the fee simple estate (or a share of the fee sim-
        ple estate) in a cultural redress property under this Part is a
        disposition for the purposes of Part 4A of the Conservation
        Act 1987, but sections 24(2A), 24A, and 24AA of the Act do
        not apply to the disposition.                                          20
(2)     The trustees of Te Rūnanga o Ngāti Manawa are appointed as
        the manager of any marginal strip created by virtue of sub-
        section (1) as if that appointment were made under section
        24H of the Conservation Act 1987.
(3)     Despite subsection (1), the rest of section 24 of the Conser-          25
        vation Act 1987 does not apply to the vesting of a reserve site
        under this Part.
(4)     If the reservation, under this Part, of a reserve site is revoked
        in relation to all or part of the site, then the vesting of the site
        is no longer exempt from the rest of section 24 of the Conser-         30
        vation Act 1987 in relation to all or that part of the site, as the
        case may be.

92      Recording application of Part 4A of Conservation Act
        1987 and sections of this Part
(1)     The Registrar-General must record on the computer freehold 35
        register for—

86
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill              Part 1 cl 93


      (a)     a reserve site—
              (i)    that the land is subject to Part 4A of the Conser-
                     vation Act 1987, but that section 24 of that Act
                     does not apply; and
              (ii) that the land is subject to sections 91(4) and 97        5
                     of this Part; and
      (b) any other cultural redress property that the land is sub-
              ject to Part 4A of the Conservation Act 1987.
(2)   A notification made under subsection (1) that land is subject
      to Part 4A of the Conservation Act 1987 is to be treated as           10
      having been made in compliance with section 24D(1) of that
      Act.
(3)   If the reservation, under this Part, of a reserve site is revoked
      in relation to—
      (a) all of the site, then the Director-General must apply             15
              in writing to the Registrar-General to remove from the
              computer freehold register for the site the notifications
              that—
              (i)    section 24 of the Conservation Act 1987 does not
                     apply to the site; and                                 20
              (ii) the site is subject to sections 91(4) and 97 of
                     this Part; or
      (b) part of the site, then the Registrar-General must ensure
              that the notifications referred to in paragraph (a) re-
              main only on the computer freehold register for the part      25
              of the site that remains a reserve.
(4)   The Registrar-General must comply with an application re-
      ceived in accordance with subsection (3)(a).

93    Application of other enactments
(1)   Sections 24 and 25 of the Reserves Act 1977 do not apply 30
      to the revocation, under this Part, of the reserve status of a
      cultural redress property.
(2)   Section 11 and Part 10 of the Resource Management Act 1991
      do not apply to—
      (a) the vesting of the fee simple estate (or a share of the fee 35
             simple estate) in a cultural redress property under this
             Part; or


                                                                      87
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 94              Claims Settlement Bill


        (b)    any matter incidental to, or required for the purpose of,
               the vesting.
(3)     The vesting of the fee simple estate (or a share of the fee sim-
        ple estate) in a cultural redress property under this Part does
        not—                                                             5
        (a) limit section 10 or 11 of the Crown Minerals Act 1991;
               or
        (b) affect other rights to subsurface minerals.
(4)     The permission of a council under section 348 of the Local
        Government Act 1974 is not required for laying out, forming, 10
        granting, or reserving a private road, private way, or right of
        way required to fulfil the terms of the deed of the settlement
        in relation to a cultural redress property.

94      Provisions of other Acts that have same effect for jointly
        vested sites                                                  15
        If a provision in this Part has the same effect for a jointly
        vested site as a provision in the Ngāti Whare Claims Settle-
        ment Act 2010, the provisions must be given effect to only
        once as if they were 1 provision.

95      Non-cultural redress properties                                  20
        Sections 15, 16, 89, 90, 91(1), 92(1)(b), 92(2), and 93(2)
        to (4) apply to the non-cultural redress properties as if each
        site were a cultural redress property.

                Provisions relating to reserve sites
96      Application of Reserves Act 1977 to reserve sites               25
(1)     The trustees of Te Rūnanga o Ngāti Manawa are the adminis-
        tering body of a reserve site for the purposes of the Reserves
        Act 1977.
(2)     Despite sections 48A(6), 114(5), and 115(6) of the Reserves
        Act 1977, sections 48A, 114, and 115 of that Act apply to a 30
        reserve site.
(3)     Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977
        do not apply in relation to a reserve site.
(4)     If the reservation under this Part of a reserve site is revoked
        under section 24 of the Reserves Act 1977 in relation to all or 35

88
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill              Part 1 cl 97


      part of the site, section 25 of that Act, except subsection (2) of
      that provision, does not apply to the revocation.

97    Subsequent transfer of reserve land
(1)   Subsections (2) to (7) apply to all, or the part, of a reserve
      site that, at any time after vesting in the trustees of Te Rūnanga    5
      o Ngāti Manawa, remains a reserve under the Reserves Act
      1977 (the reserve land).
(2)   The fee simple estate in the reserve land may be transferred to
      any other person only in accordance with subsections (3) to
      (7), despite any other enactment or rule of law.                      10
(3)   The Minister of Conservation must give written consent to the
      transfer of the fee simple estate in the reserve land to another
      person or persons (the new owners) if, on written application,
      the registered proprietors of the reserve land satisfy the Min-
      ister of Conservation that the new owners are able to—                15
      (a) comply with the requirements of the Reserves Act 1977;
              and
      (b) perform the duties of an administering body under the
              Reserves Act 1977.
(4)   The Registrar-General must, upon receiving the documents              20
      specified in subsection (5), register the new owners as the
      proprietors of the fee simple estate in the reserve land.
(5)   The documents are—
      (a) a transfer instrument to transfer the fee simple estate in
              the reserve land to the new owners, including a notifi-       25
              cation that the new owners are to hold the reserve land
              for the same reserve purposes as it was held by the ad-
              ministering body immediately before the transfer; and
      (b) the written consent of the Minister of Conservation to
              the transfer of the reserve land; and                         30
      (c) any other document required for the registration of the
              transfer instrument.
(6)   The new owners, from the time of registration under subsec-
      tion (4),—
      (a) are the administering body of the reserve land for the            35
              purposes of the Reserves Act 1977; and



                                                                      89
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 98               Claims Settlement Bill


        (b)    hold the reserve land for the same reserve purposes as it
               was held by the administering body immediately before
               the transfer.
(7)     Despite subsections (1) and (2), subsections (3) to (6) do
        not apply to the transfer of the fee simple estate in the reserve 5
        land if—
        (a) the transferors of the reserve land are or were trustees
               of a trust; and
        (b) the transferees are the trustees of the same trust, after
               any new trustee has been appointed to the trust or any 10
               transferor has ceased to be a trustee of the trust; and
        (c) the instrument to transfer the reserve land is accompan-
               ied by a certificate given by the transferees, or the trans-
               ferees’ solicitor, verifying that paragraphs (a) and (b)
               apply.                                                       15

                  Provisions relating to forest sites
98      CNI forests sites
(1)     The CNI forests sites were vested in CNI Iwi Holdings Limited
        under the Central North Island Forest Land Collective Settle-
        ment Act 2008.                                                       20
(2)     The vesting of the CNI forests sites under this Part is deemed
        to be a transfer from CNI Iwi Holdings Limited to the trustees
        of Te Rūnanga o Ngāti Manawa under paragraph 10 of sched-
        ule 3 of the deed of trust, as defined in section 4 of the Central
        North Island Forest Land Collective Settlement Act 2008.             25
(3)     The vestings of the Kani Rangi Park site and the CNI forest
        sites under this Part are subject to the trustees of Te Rūnanga
        o Ngāti Manawa, and in relation to the Te Rake Pā site the
        trustees of Te Rūnanga o Ngāti Manawa and the trustees of
        Te Rūnanga o Ngāti Whare, entering into a deed of covenant           30
        (or deeds of covenant as applicable), in the form set out in
        Part 10 of the Schedule to the deed of settlement, under which,
        in assuming the owner’s interest in those sites, they agree in
        favour of the other parties to the Kaingaroa Forest Road Net-
        work deed dated 3 June 2009 and the deed in relation to re-          35
        ciprocal access over Bonisch Road and the Kaingaroa Forest
        Road Network dated 26 June 2009 (or any amended or replace-

90
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 1 cl 100


      ment deeds) to be bound by the terms of those deeds, while
      those deeds each remain in force and to the extent applicable
      to those sites.
(4)   Upon the vesting of the Te Rake Pā site in the trustees of Te
      Rūnanga o Ngāti Manawa—                                       5
      (a) section 10 of the Central North Island Forests Land Col-
             lective Settlement Act 2008 ceases to apply; and
      (b) the public right of way easement is extinguished.

99    Removal of Crown forestry licence memorial
(1)   Subsection (2) applies if the registered proprietor of a CNI 10
      forests site makes a written application to the Registrar-Gen-
      eral—
      (a) confirming that all of the land contained in the computer
             freehold register or registers for the site was returned on
             the return date; and                                        15
      (b) containing a statement from the relevant licensee under
             the Crown forestry licence endorsing paragraph (a).
(2)   The Registrar-General must remove the Crown forestry li-
      cence memorial from the computer freehold register or regis-
      ters for the site.                                                 20

                        Tangiharuru title
100   Registration of land in name of Tangiharuru
(1)   This section does not apply to the jointly vested sites.
(2)   Despite anything in the Land Transfer Act 1952, or any other
      enactment or rule of law, the trustees of Te Rūnanga o Ngāti 25
      Manawa may give the Registrar-General a written notice re-
      quiring that the fee simple estate in land that is registrable or
      registered under the Land Transfer Act 1952 in the name of
      the trustees of Te Rūnanga o Ngāti Manawa—
      (a) be registered in the name of Tangiharuru, rather than in 30
             the name of the trustees; or
      (b) be no longer registered in the name of Tangiharuru, and
             instead be registered in the name of the trustees of Te
             Rūnanga o Ngāti Manawa.
(3)   If the Registrar-General receives a notice under subsection 35
      (2)(a), the Registrar-General must comply with it by—


                                                                     91
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 101              Claims Settlement Bill


        (a)    registering the computer freehold register to the land in
               the name of Tangiharuru; and
        (b) entering a notation on the computer freehold register to
               the land that the land is subject to this section.
(4)     If the Registrar-General receives a notice under subsection         5
        (2)(b), the Registrar-General must comply with it by—
        (a) registering the computer freehold register to the land in
               the name of the trustees of Te Rūnanga o Ngāti Manawa;
               and
        (b) cancelling the notation on the computer freehold regis-         10
               ter entered under subsection (3).
(5)     In the absence of evidence to the contrary, it is sufficient evi-
        dence that the notice has been properly given to the Regis-
        trar-General under subsection 2(a) or (b), if the notice—
        (a) is executed or purports to be executed by the trustees of       15
               Te Rūnanga o Ngāti Manawa; and
        (b) relates to the land registrable or registered in the name
               of the trustees of Te Rūnanga o Ngāti Manawa.
(6)     If the fee simple estate in land is registered in the name of
        Tangiharuru,—                                                       20
        (a) the trustees of Te Rūnanga o Ngāti Manawa have all the
               duties, powers, and rights of the registered proprietor of
               the land; and
        (b) the trustees of Te Rūnanga o Ngāti Manawa must per-
               form the duties, and exercise the powers and rights, in      25
               their own name and not in the name of Tangiharuru; and
        (c) the Registrar-General must have regard to paragraphs
               (a) and (b).


                 Vesting and gift back of Tāwhiuau
101     Tāwhiuau                                                      30
(1)     The trustees of Te Rūnanga o Ngāti Manawa may give written
        notice to the Crown of the date for the commencement of the
        vesting and gifting back process for Tāwhiuau.
(2)     The date for the commencement of the vesting and gifting back
        process for Tāwhiuau must be within 5 years after the settle- 35
        ment date.


92
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 1 cl 101


(3)   The trustees of Te Rūnanga o Ngāti Manawa must give the
      notice at least 80 business days before the commencement of
      the vesting and gift back process for Tāwhiuau.
(4)   The Minister of Conservation must publish a Gazette notice
      declaring that the fee simple estate in Tāwhiuau vests in the       5
      trustees of Te Rūnanga o Ngāti Manawa on the date identified
      in the notice.
(5)   On the date identified in the Gazette notice, the fee simple
      estate in Tāwhiuau vests in the trustees of Te Rūnanga o Ngāti
      Manawa.                                                             10
(6)   On the seventh day after the vesting,—
      (a) the trustees of Te Rūnanga o Ngāti Manawa are deemed
             to have gifted Tāwhiuau back to the Crown and to all
             the people of New Zealand for continued inclusion in
             Te Urewera National Park; and                                15
      (b) the fee simple estate in Tāwhiuau vests in the Crown.
(7)   Despite sections 100(5) and 100(6),—
      (a) Tāwhiuau is and remains part of Te Urewera National
             Park; and
      (b) the National Parks Act 1980 and any other enactment             20
             applying immediately before the settlement date has un-
             interrupted effect on and from the settlement date as if
             Tāwhiuau had remained Crown-owned land at all times;
             and
      (c) every encumbrance and other instrument in effect im-            25
             mediately before the settlement date has uninterrupted
             effect on and from the settlement date as if Tāwhiuau
             had remained Crown-owned land at all times; and
      (d) the Crown retains all liability for Tāwhiuau during the
             period between vesting and gifting back as if Tāwhiuau       30
             had remained Crown-owned land at all times.
(8)   No gift duty is payable for the gifting of Tāwhiuau by the
      trustees of Te Rūnanga o Ngāti Manawa to the Crown and to
      all the people of New Zealand.
(9)   Nothing in this section is affected by—                             35
      (a) section 11 and Part 10 of the Resource Management Act
             1991; or



                                                                    93
                       Ngāti Manawa and Ngāti Whare
Part 1 cl 102               Claims Settlement Bill


        (b)any other provision of the Resource Management Act
           1991; or
     (c) any other enactment.
(10) Nothing in this section affects sections 20 to 32.

                Rangitaiki River Management Framework                  5
102     Definitions for sections 103 to 129
        In sections 103 to 129,—
        catchment means the area shown on OTS-076–034
        Rangitaiki River means the Rangitaiki River and its catch-
        ment, including—                                           10
        (a) the Rangitaiki River; and
        (b) the Whirinaki River; and
        (c) the Wheao River; and
        (d) the Horomanga River.

103     Acknowledgements                                             15
        The Crown acknowledges—
        (a) the historical and enduring relationship between Ngāti
             Manawa and the Rangitaiki River; and
        (b) the importance of the health and wellbeing of the Ran-
             gitaiki River to Ngāti Manawa; and                      20
        (c) the commitment of Ngāti Manawa to—
             (i)    protecting and enhancing the health and wellbe-
                    ing of the Rangitaiki River; and
             (ii) restoring and protecting its relationship with the
                    Rangitaiki River in accordance with Ngāti Man- 25
                    awa tikanga.

                        Rangitaiki River Forum
104     Establishment and purpose of Forum
(1)     A statutory body called the Rangitaiki River Forum is estab-
        lished.                                                         30
(2)     The purpose of the Forum is the protection and enhancement
        of the environmental, cultural, and spiritual health and well-
        being of the Rangitaiki River and its resources for the benefit
        of present and future generations.


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                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 1 cl 105


(3)   Despite the composition of the Forum as described in subsec-
      tion (2),the Forum is a joint committee of the Bay of Plenty
      Regional Council and the Whakatane District Council within
      the meaning of clause 30(1)(b) of Schedule 7 of the Local Gov-
      ernment Act 2002.                                              5
(4)   Despite Schedule 7 of the Local Government Act 2002, the
      Forum—
      (a) is a permanent committee; and
      (b) must not be discharged unless all appointers agree to the
            Forum being discharged.                                  10
(5)   The members of the Forum must act in a manner so as to
      achieve the purpose of the Forum.

105   Functions of Forum
(1)   The principal function of the Forum is to achieve its purpose.
(2)   The other functions of the Forum are to—                             15
      (a) prepare and approve the Rangitaiki River Document in
            accordance with section 117; and
      (b) promote the integrated and co-ordinated management
            of the Rangitaiki River; and
      (c) engage with and provide advice to—                               20
            (i)    local authorities on statutory and non-statutory
                   processes that affect the Rangitaiki River, includ-
                   ing under the Resource Management Act 1991;
                   and
            (ii) Crown agencies that exercise functions in rela-           25
                   tion to the Rangitaiki River; and
      (d) monitor the extent to which the purpose of the Rangi-
            taiki River Forum is being achieved including the im-
            plementation and effectiveness of the Rangitaiki River
            Document; and                                                  30
      (e) gather information, disseminate information, and hold
            meetings; and
      (f)   take any other action that is related to achieving the
            purpose of the Forum.
(3)   To avoid doubt, except as provided for in subsection (2)(a),         35
      the Forum has discretion to determine in any particular cir-
      cumstances—


                                                                     95
                       Ngāti Manawa and Ngāti Whare
Part 1 cl 106               Claims Settlement Bill


        (a)     whether to exercise any function identified in subsec-
                tion (2); and
        (b)     how, and to what extent, any function identified in sub-
                section (2) is exercised.


106     Capacity                                                           5
        The Forum has full capacity to carry out its functions.

107     Procedures of Forum
        The provisions of the Local Government Act 2002, Local
        Government Official Information and Meetings Act 1987,
        and Local Government (Members’ Interests) Act 1968 apply 10
        to the Forum—
        (a) to the extent relevant to the purpose and functions of the
               Forum; and
        (b) except as otherwise provided for in sections 102 to
               115.                                                    15

108     Members of Forum
(1)     As at the settlement date, the Forum consists of 8 members as
        follows (each organisation being an appointer):
        (a) 1 member appointed by Te Rūnanga o Ngāti Whare; and
        (b) 1 member appointed by Te Rūnanga o Ngāti Manawa;               20
               and
        (c) 1 member appointed by Te Rūnanga o Ngāti Awa; and
        (d) 1 member appointed by Ngāti Tuwharetoa (Bay of
               Plenty) Settlement Trust; and
        (e) 3 members appointed by the Bay of Plenty Regional              25
               Council (such members to be a current chairperson or
               councillor of that council); and
        (f)    1 member appointed by the Whakatane District Council
               (such member to be a current Mayor or councillor of
               that council).                                              30
(2)     In appointing members to the Forum, appointers—
        (a) must be satisfied that the person has the skills, know-
               ledge, or experience to—
               (i)    participate effectively in the Forum; and
               (ii) contribute to the achievement of the purpose of        35
                      the Forum; and

96
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill           Part 1 cl 110


      (b)    must have regard to any members already appointed
             to the Forum to ensure that the membership reflects a
             balanced mix of knowledge and experience in relation
             to the Rangitaiki River.
(3)   A member may be discharged by that member’s appointer.           5
(4)   A member appointed by an iwi may resign by giving written
      notice to that person’s appointer.
(5)   Where there is a vacancy on the Forum, the relevant appointer
      must fill that vacancy as soon as is reasonably practicable.
(6)   Clause 31(1) of Schedule 7 of the Local Government Act 2002 10
      applies only to the appointment and discharge of the members
      appointed by the local authorities.
(7)   Clauses 30(2), (3), (5), (7) and 31(2) to 31(6) of Schedule 7 of
      the Local Government Act 2002 do not apply to the Forum.
(8)   To avoid doubt, members of the Forum who are appointed by 15
      iwi are not, by virtue of that membership, members of a local
      authority.

109   Chair and deputy chair
(1)   The Forum must appoint a chair at its first meeting.
(2)   The chair’s appointment is for a term of 3 years, unless the 20
      chair resigns or is removed by the Forum during that term.
(3)   The chair of the Forum may be reappointed or removed by the
      Forum.
(4)   The Forum may appoint a deputy chair, and if so, that appoint-
      ment is subject to the same conditions as set out in subsec- 25
      tions (1) to (3).
(5)   The Forum may appoint subcommittees that the Forum con-
      siders appropriate, and clause 30(4) of Schedule 7 of the Local
      Government Act 2002 applies except that a reference to a com-
      mittee in that clause is to be read as a reference to the Forum. 30
(6)   Clauses 26(3) and (4) of Schedule 7 of the Local Government
      Act 2002 do not apply to the Forum.

110   Standing orders
(1)   The Forum must at its first meeting adopt a set of standing
      orders for the operation of the Forum.                      35

                                                                   97
                     Ngāti Manawa and Ngāti Whare
Part 1 cl 111             Claims Settlement Bill


(2)     The standing orders of the Forum must not contravene this
        Act, the Local Government Act 2002, the Local Government
        Official Information and Meetings Act 1987, or any other Act.
(3)     A member of the Forum must comply with the standing orders
        of the Forum.                                                 5
(4)     Clause 27 of Schedule 7 of the Local Government Act 2002
        does not apply to the Forum.

111     Meetings of Forum
(1)     Clauses 19, 20, and 22 of Schedule 7 of the Local Government
        Act 2002 apply to the Forum subject to—                         10
        (a) all references to a local authority being references to the
              Forum; and
        (b) the reference in clause 19(5) to the chief executive being
              a reference to the Chair of the Forum.
(2)     The quorum for a meeting of the Forum is—                       15
        (a) 3 members appointed by the iwi appointers; and
        (b) 3 members appointed by the local authority appointers.
(3)     Clauses 23(3)(b) and 30(9)(b) of Schedule 7 of the Local Gov-
        ernment Act 2002 do not apply to the Forum.

112     Decision making                                                 20
(1)     The decisions of the Forum must be made by vote at a meeting.
(2)     A decision of the Forum may only be made by a 75% majority
        of those members present at a meeting of the Forum.
(3)     The chair of the Forum may vote on any matter but does not
        have a casting vote.                                            25
(4)     Clause 24 of Schedule 7 of the Local Government Act 2002
        does not apply to the Forum.
(5)     The members of the Forum must approach decision making in
        a manner that—
        (a) is consistent with, and reflects, the purpose of the 30
               Forum; and
        (b) acknowledges as appropriate the interests of iwi in par-
               ticular parts of the Rangitaiki River and its catchment.




98
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 1 cl 116


113   Conflict of interest
      A member of the Forum is not precluded by the Local Author-
      ities (Members’ Interests) Act 1968 from discussing or voting
      on a matter—
      (a) merely because the member is a member of an iwi or a 5
             hapū; or
      (b) merely because the economic, social, cultural, and spir-
             itual values of any iwi or hapū and their relationships
             with the Forum are advanced by or reflected in—
             (i)    the subject matter under consideration; or       10
             (ii) any decision by or recommendation of the
                    Forum; or
             (iii) participation in the matter by the member.

114   Application of other statutory provisions
      Despite clause 19(2) of Schedule 7 of the Local Government 15
      Act 2002, the members of the Forum appointed by iwi—
      (a) have the right to attend any meeting of the Forum; but
      (b) do not have the right to attend meetings of the local
            authorities by reason merely of their membership of the
            Forum.                                                  20

115   Forum to be open and inclusive
      The Forum must operate in an open manner that is inclusive
      of those iwi with interests in the Rangitaiki River that are not
      represented on the Forum.

116   Administrative and technical support of Forum                     25
(1)   The Bay of Plenty Regional Council is responsible for the ad-
      ministrative support of the Forum.
(2)   The administrative support referred to in subsection (1) in-
      cludes the provision of those services required for the Forum
      to carry out its functions, including under the settlement legis- 30
      lation, the Local Government Act 2002, or any other Act that
      applies to the conduct of the Forum.
(3)   The Bay of Plenty Regional Council must provide technical
      support to the Forum from existing work programmes, and
      must endeavour to accommodate unbudgeted resource re- 35
      quests from the Forum where possible.
                                                                     99
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 117              Claims Settlement Bill


                     Rangitaiki River Document
117     Preparation and approval of the Rangitaiki River
        Document
(1)     The Forum must prepare and approve the Rangitaiki River
        Document in accordance with the process set out in sections          5
        121 to 124.
(2)     The Forum must—
        (a) commence the preparation of the Rangitaiki River
               Document no later than 2 months after the settlement
               date; and                                                     10
        (b) approve the Rangitaiki River Document no later than 12
               months after the settlement date.
(3)     The Forum may decide to alter any of the timeframes set out
        in subsection (2).
(4)     In preparing the Rangitaiki River Document, the Forum                15
        must—
        (a) consider the interests in the area covered by the Rangi-
               taiki River Document; and
        (b) consider, and document the potential alternatives to, and
               the potential benefits and costs of, the matters provided     20
               for in the Rangitaiki River Document.
(5)     The obligation under subsection (4) applies only to the ex-
        tent that is relative to the nature and contents of the Rangitaiki
        River Document.

118     Contents of the Rangitaiki River Document                            25
        The Rangitaiki River Document may contain—
        (a) a vision for the Rangitaiki River; and
        (b) objectives for the Rangitaiki River; and
        (c) desired outcomes for the Rangitaiki River.

119     Effect on Resource Management Act 1991 planning              30
        documents
(1)     In preparing or changing the Bay of Plenty regional policy
        statement, the Bay of Plenty Regional Council must recognise
        and provide for any vision, objectives, and desired outcomes
        contained in the Rangitaiki River Document.                  35


100
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill           Part 1 cl 119


(2)   The Bay of Plenty Regional Council must comply with sub-
      section (1) each time that it prepares or changes the Bay of
      Plenty regional policy statement.
(3)   Until such time as the obligation under subsection (1) is
      complied with, where a local authority is preparing or chang-      5
      ing a regional plan or district plan, that authority must have
      particular regard to the Rangitaiki River Document.
(4)   The obligations under subsections (1) to (3) apply only to
      the extent that—
      (a) the vision, objectives, and desired outcomes contained         10
             in the Rangitaiki River Document relate to the resource
             management issues of the region or district; and
      (b) recognising and providing for the vision, objectives,
             and desired outcomes contained in the Rangitaiki River
             Document is consistent with the purpose of the Re-          15
             source Management Act 1991.
(5)   Subsection (6) applies where—
      (a) the Bay of Plenty Regional Council notifies a draft Bay
             of Plenty regional policy statement before the Rangi-
             taiki River Document is approved; and                       20
      (b) the Forum approves the Rangitaiki River Document be-
             fore the Bay of Plenty regional policy statement is de-
             clared operative under clause 20 of Schedule 1 of the
             Resource Management Act 1991.
(6)   Where subsection (5) applies, the Bay of Plenty Regional           25
      Council must introduce a variation to the draft Bay of Plenty
      regional policy statement under clause 16A of Schedule 1 of
      the Resource Management Act 1991—
      (a) within 2 months after the approval of the Rangitaiki
             River Document by the Forum; and                            30
      (b) for the purpose of recognising and providing for the
             Rangitaiki River Document as provided for in subsec-
             tion (1).
(7)   The obligation under subsection (6) applies only on the first
      occasion that the Bay of Plenty Regional Council notifies a        35
      draft Bay of Plenty Regional Policy Statement following the
      signing of the supplementary deed of settlement.



                                                                  101
                       Ngāti Manawa and Ngāti Whare
Part 1 cl 120               Claims Settlement Bill


120     Effect on conservation planning documents
(1)     In approving a conservation management strategy that is rele-
        vant to the Rangitaiki River, the New Zealand Conservation
        Authority must have particular regard to any vision, object-
        ives, and desired outcomes contained in the Rangitaiki River    5
        Document.
(2)     The New Zealand Conservation Authority must comply with
        subsection (1) each time that it approves a conservation man-
        agement strategy that is relevant to the Rangitaiki River.
(3)     Until such time as the obligation under subsection (1) is       10
        complied with, where a person is reviewing, preparing, or
        changing a relevant conservation management plan, that per-
        son must have particular regard to any vision, objectives, or
        desired outcomes contained in the Rangitaiki River Document.
(4)     The obligations under subsections (1) to (3) apply only to      15
        the extent that—
        (a) the vision, objectives, and desired outcomes contained
               in the Rangitaiki River Document relate to the conser-
               vation issues of the area; and
        (b) having particular regard to the vision, objectives, and     20
               desired outcomes contained in the Rangitaiki River
               Document is consistent with the purpose of the Conser-
               vation Act 1987.

                Process for preparation and approval of
                      Rangitaiki River Document                         25
121     Preparation of draft River Document
        The following process applies to the preparation of a draft of
        the River Document:
        (a) the Forum must meet to discuss and commence the
              preparation of the draft River Document; and             30
        (b) the Forum may consult and seek comment from appro-
              priate persons and organisations on the preparation of
              the draft River Document.

122     Notification and submissions on draft River Document
(1)     When the Forum has prepared the draft River Document, it— 35
        (a) must notify it by giving public notice; and

102
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 1 cl 123


      (b)   may notify it by any other means that the Forum thinks
            appropriate; and
      (c) must ensure that the draft River Document is available
            for public inspection.
(2)   The public notice must—                                         5
      (a) state that the draft River Document is available for in-
            spection at the places and times specified in the notice;
            and
      (b) state that interested persons or organisations may lodge
            submissions on the draft River Document—                  10
            (i)    with the Forum; and
            (ii) at the place specified in the notice; and
            (iii) before the date specified in the notice; and
      (c) set a date for the lodging of submissions that is at least
            20 business days after the date of the publication of the 15
            notice.
(3)   Any person or organisation may make a written or electronic
      submission on the draft River Document in the manner de-
      scribed in the public notice.

123   Approval of River Document                                           20
(1)   The Forum must consider submissions made under section
      122(3), to the extent that those submissions are consistent with
      the purpose of the River Document.
(2)   The Forum may then approve the River Document.
(3)   The Forum—                                                           25
      (a) must notify the River Document by giving public no-
            tice; and
      (b) may notify the River Document by any other means that
            the Forum thinks appropriate.
(4)   The public notice must—                                              30
      (a) state where the River Document is available for public
            inspection; and
      (b) state when the River Document comes into force.
(5)   The River Document—
      (a) must be available for public inspection at the local of-         35
            fices of the relevant local authorities and appropriate
            agencies; and

                                                                    103
                       Ngāti Manawa and Ngāti Whare
Part 1 cl 124               Claims Settlement Bill


        (b)     comes into force on the date specified in the public no-
                tice.

124     Review of, and amendments to, River Document
(1)     The Forum may at any time review and, if necessary, amend
        the River Document or any component of the River Document.         5
(2)     The Forum must start a review of the River Document no later
        than 10 years after the later of—
        (a) the first time that the River Document is approved; or
        (b) the completion of the previous review of the River
               Document.                                                   10
(3)     In undertaking a review under subsections (1) and (2) the
        Forum must apply section 121, modified as necessary, to the
        review.
(4)     If the Forum considers as a result of the review that the River
        Document should be amended in a material way, the amend-           15
        ment must be prepared and approved in accordance with sec-
        tions 121 to 123.
(5)     If the Forum considers the River Document should be
        amended in a way that is not material, the amendment may be
        approved under section 123(2), and the Forum must comply           20
        with sections 123(3) to (5).

                          Recognition of tuna
125     Recognition of the habitat of tuna
        All persons exercising functions and powers under the Re-
        source Management Act 1991 that affect the Rangitaiki River 25
        must have particular regard to the habitat of tuna (anguilla di-
        effenbachia and anguilla australis) in that river.

                    Joint management agreements
126     Duty to make joint management agreement
(1)     Where Ngāti Manawa provide notice in writing to a local au- 30
        thority referred to in subsection (2) that a joint management
        agreement is to be entered into, such joint management agree-
        ment must be in force between that local authority and Ngāti
        Manawa no later than—


104
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 1 cl 130


      (a)   18 months after the date of that notice; or
      (b)   a later date that they agree on electronically or in writ-
            ing.
(2)   The reference to a local authority in subsection (1) is a ref-
      erence to—                                                       5
      (a) the Bay of Plenty Regional Council; or
      (b) the Whakatane District Council.

127   Scope of joint management agreements
      A joint management agreement referred to in section 126
      may, subject to the agreement of the local authority and Ngāti 10
      Manawa, cover any functions of the local authority under the
      Resource Management Act 1991 that affect the Rangitaiki
      River.

128   Legal framework
(1)   Sections 36C and 36D of the Resource Management Act 1991 15
      apply to a joint management agreement entered into under
      section 126.
(2)   Sections 36B and 36E of the Resource Management Act 1991
      do not apply to a joint management agreement entered into
      under section 126.                                          20
(3)   Neither party has the right to terminate a joint management
      agreement without the agreement of the other party.

129   Horomanga Wash local purpose reserve
      The joint management agreement with the Bay of Plenty Re-
      gional Council must include a section providing for the role 25
      of Ngāti Manawa in the management by that Council under
      relevant statutory frameworks of the Horomanga Wash local
      purpose reserve (which is vested in the Bay of Plenty Regional
      Council and described by Gazette notice dated 8 April 2008).

                      Commercial redress                                  30
130   Transfer of deferred selection properties
      To give effect to Part 7 of the deed of settlement, the Crown
      (acting by and through the chief executive of the land holding
      agency) is authorised to do 1 or both of the following:

                                                                   105
                      Ngāti Manawa and Ngāti Whare
Part 1 cl 131              Claims Settlement Bill


        (a)     transfer the fee simple estate in a deferred selection
                property to the trustees of Te Rūnanga o Ngāti Manawa:
        (b)     sign a transfer instrument or other document, or do any
                other thing, to effect the transfer.

131     Registrar-General to create a computer freehold register            5
(1)     This section applies to a deferred selection property that is
        transferred to the trustees of Te Rūnanga o Ngāti Manawa to
        the extent that it is not all of the land contained in a computer
        freehold register or there is no computer freehold register for
        all or part of the property.                                        10
(2)     The Registrar-General must, in accordance with a written ap-
        plication by an authorised person, and after completion of any
        necessary survey, create 1 computer freehold register in the
        name of the Crown—
        (a) subject to, and together with, any encumbrances that are        15
               registered, notified, or notifiable and that are described
               in the written application; but
        (b) without any statement of purpose.
(3)     The authorised person may grant a covenant to arrange for the
        later creation of a computer freehold register for any land that    20
        is transferred to the trustees of Te Rūnanga o Ngāti Manawa
        under section 130.
(4)     Despite the Land Transfer Act 1952,—
        (a) the authorised person may request the Registrar-Gen-
               eral to register a covenant (referred to in subsection       25
               (3)) under the Land Transfer Act 1952 by creating a
               computer interest register; and
        (b) the Registrar-General must register the covenant in ac-
               cordance with paragraph (a).

132     Application of other enactments                             30
(1)     Section 11 and Part 10 of the Resource Management Act 1991
        do not apply to—
        (a) the transfer of a deferred selection property to the
              trustees of Te Rūnanga o Ngāti Manawa; or
        (b) a matter incidental to, or required for the purpose of, 35
              that transfer.


106
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill             Part 2 cl 133


(2)   The transfer of a deferred selection property to the trustees of
      Te Rūnanga o Ngāti Manawa does not—
      (a) limit section 10 or 11 of the Crown Minerals Act 1991;
             or
      (b) affect other rights to subsurface minerals.                       5
(3)   The transfer of a deferred selection property to the trustees of
      Te Rūnanga o Ngāti Manawa is a disposition for the purposes
      of Part 4A of the Conservation Act 1987, but sections 24(2A),
      24A, and 24AA of that Act do not apply to the disposition.
(4)   In exercising the powers conferred by section 130, the                10
      Crown is not required to comply with any other enactment
      that would otherwise regulate or apply to the transfer of a
      deferred selection property.
(5)   Subsection (4) is subject to subsections (2) and (3).
(6)   The permission of a council under section 348 of the Local            15
      Government Act 1974 is not required for laying out, forming,
      granting, or reserving a private road, private way, or right of
      way that may be required to fulfil the terms of Part 7 of the deed
      of settlement in relation to the transfer of a deferred selection
      property.                                                             20

                            Part 2
                          Ngāti Whare
                         Purpose of Part
133   Purpose
      The purpose of this Part is—                                    25
      (a) to record the acknowledgements and the apology of-
            fered by the Crown to Ngāti Whare in the deed of settle-
            ment dated 8 December 2009 and signed by—
            (i)    the Minister for Treaty of Waitangi Negotiations,
                   the Honourable Christopher Finlayson; and          30
            (ii) James Carlson, David Bronco Carson, Kōhiti
                   Kōhiti, Lena Brew, Pene Olsen, Robert Taylor,
                   and Roberta Rickard:
      (b) to give effect to certain provisions of the deed of settle-
            ment, which is the deed that settles the Ngāti Whare his- 35
            torical claims.


                                                                     107
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 134              Claims Settlement Bill


134     Act binds the Crown
        This Part binds the Crown.

135     Outline
(1)     This section is a guide to the overall scheme and effect of this
        Part, but does not affect the interpretation or application of        5
        the other provisions of this Part or of the deed of settlement.
(2)     Section 136 sets out the historical account given in Part 2 of
        the deed of settlement.
(3)     Sections 133, 134, and 137 to 149—
        (a) set out the purpose of this Part, record the acknow-              10
               ledgements and apology given by the Crown to Ngāti
               Whare in the deed of settlement, and specify that the
               Act binds the Crown; and
        (b) define terms used in this Part, including key terms such
               as Ngāti Whare and historical claims; and                      15
        (c) provide that the settlement of the historical claims is
               final; and
        (d) provide for—
               (i)     the effect of the settlement on the jurisdiction of
                       a court, tribunal, or other judicial body in respect   20
                       of the historical claims; and
               (ii) consequential amendments to the Treaty of Wai-
                       tangi Act 1975; and
               (iii) the effect of the settlement on certain memorials;
                       and                                                    25
               (iv) the exclusion of the law against perpetuities, the
                       timing of actions or matters provided for in this
                       Part, and access to the deed of settlement.
(4)     This Part provides for cultural redress, including—
        (a) a joint governance role for the Whirinaki Conservation            30
               Park; and
        (b) the 2 specially protected areas; and
        (c) protocols to be issued to the trustees of Te Rūnanga o
               Ngāti Whare by the Minister of Fisheries, the Minis-
               ter of Energy and Resources, and the Minister for Arts,        35
               Culture and Heritage; and
        (d) an accord to be issued to the trustees of Te Rūnanga o
               Ngāti Whare by the Minister of Conservation; and

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      (e)   an acknowledgement by the Crown of the statements
            made by Ngāti Whare of their cultural, spiritual, histor-
            ical, and traditional association with 3 statutory areas
            and the effect of that acknowledgement; and
      (f)   deeds of recognition between the Crown and the                5
            trustees of Te Rūnanga o Ngāti Whare; and
      (g) the 2 advisory committees; and
      (h) the alteration of place names; and
      (i)   the vesting in the trustees of Te Rūnanga o Ngāti Whare
            of the fee simple estate in 11 cultural redress proper-       10
            ties and 6 non-cultural redress properties (including 4
            jointly vested sites) and subsequent management ar-
            rangements in relation to various sites.
(5)   There are 3 schedules that—
      (a) describe the 2 specially protected areas:                       15
      (b) describe the 3 statutory areas to which the statutory ac-
            knowledgement relates:
      (c) describe the 11 cultural redress properties and 6 non-
            cultural redress properties (including 4 jointly vested
            sites).                                                       20

                       Historical account
136   Account
      Introduction
(1)   This is an account of the historical events upon which the
      Crown’s acknowledgements and apology in sections 137 25
      and 138 are based.
      Ngāti Whare: Origins
(2)   Ngāti Whare are the descendants of Toi Te Huatahi. Ngāti
      Whare take their name from their most prominent ancestor,
      Wharepakau-Tao-Tao-Ki-Te-Kapua (Wharepakau) of the an- 30
      cient Tini-o-Toi, who had settled around the Bay of Plenty.
      After a series of heke, Wharepakau and his whānau migrated
      to the Rangitaiki and Te Whāiti-Nui-a-Toi area. Together,
      Wharepakau and his nephew Tangiharuru fought and defeated
      Te Marangaranga, the original occupants of the land. When 35
      the fighting ceased Wharepakau and his whānau took up resi-
      dence with Te Marangaranga on lands along the Whirinaki

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        River, bordered by a great expanse of ancient forest rich in re-
        sources. From that time the descendants of Wharepakau and
        Te Marangaranga adopted the name “Ngāti Whare” in recog-
        nition of their common ancestor.
(3)     Over time the descendants of Wharepakau increased in num-          5
        ber and prospered, and in the process formed hapū. New
        pā and kāinga were erected. Patterns of seasonal resource
        use were developed through Te Whāiti-Nui-a-Toi and neigh-
        bouring areas. Strategic marriages were also made with the
        descendants of Tangiharuru, to whom Ngāti Whare remained           10
        closely connected, as well as with others such as the descend-
        ants of Ngā Potiki, Tuhoe and Apa Hapai-Taketake. Occasion-
        ally persons from outside hapū were invited by Ngāti Whare to
        reside with them and through intermarriage these groups were
        incorporated as new hapū into Ngāti Whare.                         15
(4)     The hapū of Ngāti Whare comprise Ngāti Kohiwi, Ngāti Te
        Karaha, Ngāi Te Au, Ngāti Tuahiwi, Ngāti Whare ki Ngā
        Potiki, Ngāti Mahanga, Ngāti Hamua ki Te Whāiti and Wara-
        hoe ki Te Whāiti.
(5)     Ngāti Whare held their land and resources under collective         20
        tribal and hapū custodianship. Their land tenure system did
        not operate on fixed iwi and hapū boundaries. Ngāti Whare
        practised a system where the rights of hapū or whānau to travel
        through, to gather resources from, to cultivate upon, or to oc-
        cupy lands depended to a great extent on the genealogical, so-     25
        cial and political relationships between different kin groups.
(6)     Ngāti Whare generally lived in peace with their neighbours.
        At times, however, Ngāti Whare hapū fought against their
        neighbours and sometimes they allied with their neighbours
        against common foes. In the 1820s Ngāti Whare were drawn           30
        into the wars which ranged throughout New Zealand, as ac-
        cess to muskets upset existing relationships between hapū and
        iwi. The disruption caused by the fighting and the complex
        alliances that were made and remade in this period was con-
        siderable. By the mid 1830s more stable relationships between      35
        Ngāti Whare and their neighbours were reinstated, often with
        the assistance of peace-making marriages. Ngāti Whare con-
        tinued to occupy their lands largely as before.


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(7)   Ngāti Whare did not sign the Treaty of Waitangi. Ngāti
      Whare visited places of early European settlement, such as
      Whakatane, Tūranganui-a-Kiwa and Ahuriri in the Hawke’s
      Bay where they were exposed to new ideas and practices
      such as literacy. They also worked and traded goods in the 5
      developing colonial economy.
(8)   In the two decades following the signing of the Treaty of Wai-
      tangi the Crown did not try to exercise any form of authority in
      the Urewera region, including over Ngāti Whare. Ngāti Whare
      did not sell any of their land. The only European presence 10
      was the missionary James Preece and his family, from 1847 to
      1852, who resided on land that Ngāti Whare gifted near their
      kāinga Ahikereru. After Preece’s departure Ngāti Whare con-
      tinued to practise the Christian faith, led by their own teachers.
      War in the Waikato                                                    15
(9)   The first visit by a government official to the area took place in
      1862. It was only after war broke out between the Crown and
      Māori in the early 1860s in Taranaki and later in the Waikato
      that the arrival of the Crown had any real impact upon Ngāti
      Whare. Following the Crown’s unjust invasion of the Waikato           20
      in 1863 the Kingitanga was pushed down the Waikato River.
      In early 1864, senior emissaries of the King sought support
      from the tribes of Te Urewera. Ngāti Whare and Ngāti Man-
      awa held a hui and decided that the two iwi would divide, one
      to go with the Māori King, the other to go with the government.       25
      In late March 1864 approximately 20 Ngāti Whare went to the
      Waikato and fought with their whanaunga against the Crown
      at Orakau. A number of Ngāti Whare people were killed but
      others managed to return home. Ngāti Whare had no further
      involvement in the Waikato War.                                       30
     Pai Mārire
(10) In 1862, the Taranaki spiritual leader Te Ua Haumene devel-
     oped the peaceful, biblically based doctrines of the Pai Mārire
     faith. In the context of warfare his doctrines were misinter-
     preted and misapplied by some of his emissaries. In Febru- 35
     ary 1865 a group of Pai Mārire emissaries, including Kereopa
     Te Rau and Patara Raukatauri, arrived at Tauaroa pā near Te
     Whāiti en route to Tūranga. Te Urewera Māori were divided


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     on whether to accept the new religion. Many Ngāti Whare em-
     braced its teachings while other iwi rejected them.
(11) Kereopa and Patara proceeded to Whakatane and Opotiki later
     that month and on 2 March 1865 Kereopa led the group that
     killed Reverend Volkner at Opotiki. Ngāti Whare played no         5
     part in his death. In April 1865 the Government proclaimed
     that it would use all the means in its power to suppress Pai
     Mārire and called upon all “well disposed” persons to assist
     them.
(12) In June 1865, members of Ngāti Whare and another iwi re-          10
     solved to accompany many of the Pai Mārire emissaries back
     to the Taranaki region. Ngāti Manawa, who had previously
     warned Pai Mārire not to enter their rohe, sought to stop them.
     They fortified Te Tāpiri and demanded to know the where-
     abouts of Kereopa. Ngāti Whare and their allies took offence      15
     at these actions and besieged Te Tāpiri. Over the period of
     a fortnight reinforcements arrived to support the besiegers.
     Kereopa was with one of these groups. After some fighting
     and loss of life on both sides, the defenders evacuated the pā
     and escaped to Rotorua.                                           20
(13) In July 1865, a Crown commander visited the recently erected
     Ngāti Whare pā at Te Whāiti called Te Harema. He concluded
     that Ngāti Whare were not taking any further role in Kereopa’s
     campaign. Kereopa remained in the region until his capture in
     late 1871. Ngāti Whare continued to practise the Pai Mārire       25
     faith and lived in relative peace for three years.
     War and Destruction 1869–1871
(14) In June 1868 Te Kooti Arikirangi Te Turuki led the escape of
     several hundred Māori, who had been held for two and a half
     years without trial on the Chatham Islands following fighting 30
     on the East Coast between Crown forces and Pai Mārire ad-
     herents. Te Kooti and his followers (known as the Whakarau)
     landed south of Tūranga and hoped to find sanctuary in Taupo.
(15) The Crown set out to apprehend the Whakarau and a number
     of skirmishes were fought through July and August 1868. Te 35
     Kooti attacked Matawhero in early November 1868, where a
     considerable number of Māori and Pākehā men, women and
     children were killed. Following this Crown forces besieged


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       and defeated the Whakarau at Ngatapa pā. Some escaped,
       but a considerable number of Māori men, women and chil-
       dren were killed. This included the execution of prisoners by
       Crown forces without trial.
(16)   In January 1869, Te Kooti sought refuge in the Urewera re-           5
       gion. Ngāti Whare joined neighbours in an agreement to sup-
       port Te Kooti and his followers seeing him as a prophet and
       identifying with the injustice of his detention without trial by
       the Crown. Some Ngāti Whare took part in an attack, led by Te
       Kooti, on Mohaka in April 1869, in which a significant number        10
       of Māori and Pākehā men, women and children were killed.
       Following this the Crown planned a three-pronged military op-
       eration into Te Urewera in an effort to capture or kill Te Kooti
       and to punish those who supported him.
(17)   In pursuit of Te Kooti, a Crown force led by the same officer        15
       who had overseen the execution of prisoners at Ngatapa, made
       a surprise attack on the Ngāti Whare pā Te Harema at Ahik-
       ereru on 6 May 1869. Te Kooti was not there nor were most
       of the Ngāti Whare fighting force. In total five or six Ngāti
       Whare men were killed. Some were shot as they resisted the           20
       attackers, while others were shot down as they tried to retreat
       from the pā “hampered with their women and children”. Some
       of the men shot were elderly. A few men managed to escape.
       As many as 50 women and children were taken prisoner.
(18)   According to Ngāti Whare oral tradition, women were raped            25
       in the attack and as a consequence some committed suicide
       by drowning themselves in the Whirinaki River. The cap-
       tured women and children were handed over to Māori troops
       fighting alongside the Crown, and taken from their rohe. The
       Commander of the Crown forces commented that he had done             30
       this “so that this hapū will be destroyed”. Those Ngāti Whare
       remaining in Te Urewera were told that they could surrender
       and join their women in exile, where they were to remain. Te
       Harema pā was destroyed, leaving it in a “mass of flames”.
       The Crown forces also looted and destroyed all other kāinga,         35
       cultivations and provisions in the valley.
(19)   Members of Ngāti Whare accompanied Te Kooti to Taupo and
       Te Rohe Potae during 1869 and 1870, where Te Kooti sought
       an audience with the Māori King. King Tawhiao refused to re-

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        ceive him. Te Kooti and his followers, including some mem-
        bers of Ngāti Whare, subsequently fought Crown forces at
        Te Ponanga and Te Porere before being pursued around the
        central North Island and slipping back into Te Urewera on
        8 February 1870.                                                5
(20)    Te Kooti was never captured, but was pardoned in 1883 and
        returned to Te Whāiti in 1884 to acknowledge those who had
        sheltered him by opening the new meeting house, Eripitana.
(21)    During early 1870 the members of Ngāti Whare who accom-
        panied Te Kooti returned to Ahikereru. Crown officers then      10
        negotiated with Ngāti Whare to surrender. The Defence Min-
        ister offered immunity from prosecution to those who did so
        voluntarily. They had to surrender their weapons and leave Te
        Urewera. On 25 April 1870, 18 Ngāti Whare surrendered in-
        cluding six men, three women and nine children. On 20 May       15
        1870, the Ngāti Whare chief Hapurona Kohi surrendered, tak-
        ing the remaining Ngāti Whare with him. They joined the pris-
        oners taken at Te Harema and were placed under the control
        of Crown allies at Te Pūtere.
(22)    While kept at Te Pūtere, Ngāti Whare had to supplement in-      20
        sufficient government rations by growing and catching their
        own food, despite the limited and poor quality of the land
        made available to them. In February 1871, Hapurona Kohi and
        Hamiora Potakurua complained of their difficulties producing
        food at Te Pūtere. The Defence Minister promised officials      25
        would look for other land and said that “they should have a
        supply of clothing and also of food”. The Minister informed
        chiefs at Te Pūtere that they could return home on 15 April
        1872. Ngāti Whare gradually returned to Te Whāiti between
        1872 and 1874.                                                  30
(23)    Some Ngāti Whare women remained near the coast because
        of the shame they felt in consequence of the circumstances of
        their capture and imprisonment.
(24)    The Ringatu Church, established by Te Kooti, spread through
        the region and Pai Mārire was abandoned.                        35
(25)    In 1872 Urewera hapū and iwi established a confedera-
        tion—Te Whitu Tekau—to coordinate decision-making in the
        region. Ngāti Whare participated in and usually supported the


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      confederation. It objected to lands being surveyed and title
      being determined by the Native Land Court, as in other places
      this had led to land alienation.
     The Native Land Court and Crown Purchasing
(26) The Native Land Court was established under the Native Land          5
     Acts of 1862 and 1865 to determine the owners of Māori land
     “according to Native Custom” and to convert customary title
     into title derived from the Crown.
(27) The Court’s investigation of title for land could be initiated
     with an application in writing by any Māori. The Court did           10
     not act on all applications but in some instances surveys or
     investigations of title proceeded without the support of all of
     the hapū who claimed interests in the lands. In most cases the
     land was surveyed and then the Court would hear the claims
     of the claimants and any counter-claimants. Those the Court          15
     determined were owners received a certificate of title.
(28) In the late 1870s the Native Land Court began to investigate
     title to lands along the western side of Te Urewera. These lands
     became known by the block names Heruiwi, Heruiwi 4, Kain-
     garoa 1 and 2, Kuhawaea, Whirinaki, Rūnanga, Pukahunui               20
     and Pohokura.
(29) Ngāti Whare maintained opposition to the Court and did not
     actively participate in hearings or contest the title investiga-
     tions, even though they had interests in these blocks. Ngāti
     Whare interests were later acknowledged by a leading ran-            25
     gatira of another iwi that was awarded a share of the titles to
     most of these blocks. The Native Land Court awarded all the
     blocks to other iwi, even though:
     (a) a rangatira of another iwi claimed Heruiwi 4 in 1890 on
              behalf of Ngāti Whare as well as his own iwi; and           30
     (b) Ngāti Whare representatives were originally proposed
              for inclusion on the Kaingaroa 1 block title; and
     (c) a Ngāti Whare ancestor was named as being associated
              with the Kuhawaea block; and
     (d) Ngāti Whare were named by the representative of an-              35
              other iwi as having interests in the Pohokura block.
(30) Some Ngāti Whare names were included in the titles to most of
     these blocks when other iwi chose to include them in the lists


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     of owners they handed into the Court. While these individuals
     were possibly seen as representatives of Ngāti Whare interests,
     or the interests of Ngāti Whare hapū, they did not in law have
     a trustee capacity for all Ngāti Whare.
(31) Following the Native Land Court hearings those awarded 5
     interests in the blocks sold much of the land to the Crown.
     Kuhawaea 1 block was sold to a private purchaser, as were
     parts of Pukahunui, Pohokura and Kaingaroa 2 blocks. In
     1907 a Ngāti Whare rangatira denied that Ngāti Whare re-
     ceived any money from these sales. The rapid alienation of 10
     these blocks left Ngāti Whare eager to protect their remaining
     lands from sale.
     The Seddon Agreement 1894–1895 and the Urewera District
     Native Reserve Act 1896
(32) In 1894 a delegation led by Premier Richard Seddon travelled      15
     through Te Urewera. Seddon wanted to hear the views of Ure-
     wera groups on a range of issues. All land in Te Urewera
     was still held under Māori customary title and Seddon also
     wanted to explain Crown policy on issues relating to Māori
     land and prosperity, in particular in relation to the determin-   20
     ation of title. When visiting Ngāti Whare, Seddon argued that
     benefits would flow to Ngāti Whare if title to their lands was
     determined. He stated that the Crown would act as a ‘pro-
     tector’ for Ngāti Whare, as set out in the Treaty of Waitangi.
     Ngāti Whare responded positively to these suggestions and         25
     agreed to enter further discussions.
(33) Crown officials met with Te Urewera leaders in Ruatoki in
     January 1895 and advised that trigonometrical survey work
     would be carried out through Te Urewera in the near future.
     Survey work began in April 1895. Ngāti Whare and other Ure-       30
     wera Māori were fearful that consequences of the surveying
     would be land loss. Ngāti Whare obstructed the survey party
     at Te Whāiti. The Crown responded by sending soldiers to oc-
     cupy Te Whāiti among other places.
(34) These events served as a catalyst for meetings in September       35
     1895 between the Crown and Urewera leaders. Te Urewera
     leaders sought self-government and protection of their lands
     from alienation. The Premier offered Ngāti Whare and other
     Urewera Māori:

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      (a)   a specially constituted Native Reserve; and
      (b)   provisions for the election of a General Committee and
            local hapū-based Committees for self-government; and
     (c) a process of land title investigation with a government-
            appointed commissioner working with owners to assist         5
            in defining the outer boundary of the Reserve and hapū
            boundaries; and
     (d) assistance to prospect for gold and other minerals with
            a promise of royalties; and
     (e) the provision of schools and teachers.                          10
(35) Decisions for the use and alienation of land would be made
     collectively and according to Māori custom. Seddon also
     made statements about protecting birds and forests and pro-
     viding trout to stock waterways.
(36) Parliament enacted the Urewera District Native Reserve Act          15
     1896 to give effect to these agreements. The Act provided
     for an alternative to the Native Land Court to determine own-
     ership of customary lands in a reserve of 656,000 acres, in-
     cluding the remaining lands of Ngāti Whare. Title was to be
     held at hapū level and would be determined by a Commission,         20
     comprised of five Tūhoe and two Pākehā commissioners. The
     Crown would pay the survey and other costs involved in de-
     termining title. In addition, local block committees would be
     set up to administer land and a General Committee established
     to deal with local affairs including making decisions about the     25
     alienation of land.
(37) Ngāti Whare believed this system would protect their lands in
     the Reserve from sale.
     Te Whāiti Title Determination
(38) The determination of land titles by the two Urewera Commis- 30
     sions was a drawn out process and proved difficult for Ngāti
     Whare. The first Urewera Commission investigated title to
     a series of blocks around Te Whāiti in 1901–1902. The Te
     Whāiti block was awarded to Ngāti Whare and another iwi,
     with a third iwi missing out. Other blocks around Te Whāiti 35
     included the Maraetahia, Otairi and Tawhiuau blocks, which
     were separately awarded to hapū of Ngāti Whare and another
     iwi.


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(39) The Second Urewera Commission (1906–1907) heard nine-
     teen appeals against the Te Whāiti block award. The original
     title was overturned. Ngāti Whare and the neighbouring iwi
     who had been excluded in 1902 were together awarded title.
     In total 318 Ngāti Whare individuals were granted title, along 5
     with 189 individuals from the neighbouring iwi. The Com-
     mission rejected some of the names Ngāti Whare put forward
     for inclusion on the title. In 1913 the Native Land Court on
     appeal added a further 65 Ngāti Whare names to the title.
     Implementation of the Urewera District Native Reserve Act         10
(40) The key aim of the Urewera District Native Reserve Act was
     to establish local Māori governance but no formal body was
     established for more than a decade. There was also consid-
     erable delay in establishing functioning Block Committees.
     In 1902, the first Urewera Commission appointed provisional       15
     block committees. They were not subsequently approved by
     the Crown because of the outstanding appeals to the Commis-
     sion’s decisions on owners. A second group of provisional
     block committees were approved after the publication of the
     Commission’s 1907 awards.                                         20
(41) The Crown subsequently amended the Act in ways which un-
     dermined the system of self-government it provided for the
     Reserve. The first General Committee was elected in 1908.
     Later that year the Crown gave itself power to appoint and dis-
     miss members of the Committee. Coupled with other amend-          25
     ments, this undermined the original democratic structure of the
     Reserve.
(42) The Crown appointed a Urewera General Committee, which
     included Wharepapa Whatanui of Ngāti Whare, as the gov-
     erning body of the Reserve in March 1909. The Crown made          30
     no move to assist the Committee to prepare regulations for the
     running of the Reserve.
(43) In 1909 legislation was enacted empowering the Crown to de-
     clare individual blocks in the Reserve subject to the jurisdic-
     tion of the Native Land Court. Ngāti Whare were not con-          35
     sulted over these amendments to the 1896 Act.




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     Ngāti Whare in the Early 20th Century
(44) Ngāti Whare suffered poverty in the early twentieth century.
     Regular food shortages, combined with poor housing, exac-
     erbated the impact of introduced diseases such as influenza,
     smallpox, measles and typhoid. Aside from seasonal work 5
     outside Te Urewera there were few sources of income avail-
     able to Ngāti Whare. In 1898 a series of unseasonal frosts
     swept through Te Urewera leading to total crop destruction.
(45) Other crop failures took place periodically to the 1910s, creat-
     ing an environment of considerable economic and social stress 10
     for Ngāti Whare. Teachers at Te Whāiti Native School regu-
     larly informed the Crown about such issues.
(46) Ngāti Whare were, however, asset rich in the timber that grew
     on the Te Whāiti block. From the later nineteenth century they
     sought opportunities to sell some of the timber to generate an 15
     income, including limited harvesting of totara for fence posts.
     In 1909 Te Whāiti owners negotiated the sale of timber cutting
     rights with a private party, with the intention of establishing a
     saw mill. However, the Crown prevented the sale.
     Te Whāiti Block: Purchase                                            20
(47) In 1910 some Ngāti Whare offered to sell 6000 acres in the Te
     Whāiti block to the Crown. The Crown wanted to secure land
     in the area and agreed to advances of two shillings per acre.
     That year, a Crown adviser suggested that the Te Whāiti block
     be subdivided to end disputes between Ngāti Whare and the            25
     other iwi with whom they shared the block. In 1913 the block
     was partitioned and Ngāti Whare received Te Whāiti 1 block
     of 45,048 acres.
(48) Ngāti Whare continued to pursue their economic options,
     taking their timber selling proposal to two meetings of the          30
     General Committee in 1914. The General Committee ap-
     proved their proposal in April 1914, but the Crown did not
     endorse their decision effectively preventing the lease from
     taking place.
(49) Later that year, the Crown started purchasing the land interests     35
     of individuals in Te Urewera without seeking approval of the
     General Committee. This was illegal under the Urewera Dis-
     trict Native Reserve Act. The Crown’s land purchase agent


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        was informed by the Native Department that future legisla-
        tion would be required to “validate these purchases, the pre-
        sent state of the law plainly requiring that all purchases should
        be made through the General Committee of the Urewera Na-
        tives”.                                                             5
(50)    In May 1915 the Crown resolved to purchase the Te Whāiti
        blocks. The Crown’s decision to purchase individual shares in
        the two Te Whāiti blocks prevented private leases from being
        completed and thus prevented Ngāti Whare from gaining any
        direct economic benefit from their land, other than sale to the     10
        Crown, for well over a decade.
(51)    Under the Urewera District Native Reserve Act, the final say in
        leasing and sale of the land or its timber was held by the Gen-
        eral Committee. The law required the Crown to hold a meet-
        ing of the assembled owners of a land block, before beginning       15
        negotiations to purchase individual interests in the land. The
        Crown did not hold such a meeting in its negotiations for Te
        Whāiti and nothing was done to ensure that those selling their
        interests were left with sufficient land for their subsistence.
(52)    Through the period of Crown purchase the Crown used a num-          20
        ber of techniques to maximise sales in the Te Whāiti blocks.
        Resident non-sellers were actively restrained by the Crown
        from cutting timber for fence posts. The Crown worked to pre-
        vent hearing of applications made to the Māori Land Court by
        non-selling owners to partition out their interests so that they    25
        could utilise their own land as they saw fit. Absentee owners
        were more likely to sell their interests, although a good num-
        ber of resident owners sold part of their interests. Such sales
        were likely driven by economic necessity.
(53)    In 1916 legislation was enacted that allowed the Crown to pur-      30
        chase individual interests in the Reserve. In 1921 further le-
        gislation was enacted to retrospectively legalise Crown pur-
        chases in Te Urewera, including purchases in the Te Whāiti
        block. The General Committee was not consulted on these
        departures from the 1895 agreement and its powers were ex-          35
        tinguished in the 1921 legislation.
(54)    The Crown’s purchase of Te Whāiti 1 was based on its 1915
        valuation of £18,687 for the 45,048 acres or 8s 3d per acre.
        The valuation was not tested on the open market and there was

120
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                        Claims Settlement Bill           Part 2 cl 136


     no independent review of the valuation. The owners consid-
     ered the land and its timber were worth between £5 to £10 per
     acre, while the Crown land purchaser considered Ngāti Whare
     had “a very exaggerated idea of the value” of the timber. The
     value attributed to the land by the Crown was the value at 5
     which purchases were made.
(55) Surveys undertaken in the 1990s revealed the 1915 valuation
     had considerably underestimated the amount of productive
     timber on the block and overstated the development costs of
     the land. There is no evidence that the Crown deliberately 10
     underestimated the volume of timber on the block, but it
     benefited from a poor valuation. Ngāti Whare owners later
     protested the low valuation given for the timber.
     The Urewera Consolidation Scheme
(56) By 1919 the rate of sale of individual interests in the Reserve     15
     had decreased considerably. The Crown’s policy of acquiring
     individual interests in blocks throughout the Reserve had left
     both the Crown and Māori without clear title to any blocks and
     unable to develop the land they owned. Both faced expensive
     and extended court processes to partition out their respective      20
     interests. The Crown continued purchasing interests in the Te
     Whāiti block, but also began organising a scheme to consoli-
     date interests throughout the Reserve to create economic units
     for Māori non-sellers and incoming settlers. It also aimed to
     set aside areas for soil conservation and scenic reserves.          25
(57) Under the scheme individual owners had their interest in
     blocks across the Reserve consolidated into what were ex-
     pected to be whānau blocks in single locations. Because
     most Ngāti Whare non-sellers only had interests in the Te
     Whāiti series blocks, an attempt to shift them to blocks where      30
     they had no customary interests failed. Non-sellers in the Te
     Whāiti series blocks were eventually consolidated into 10
     groups in subdivisions, as well as residue blocks.
(58) The Ngāti Whare and other non-sellers were awarded 14,466
     acres of the original 71,340 acre block. This was later reduced     35
     to 10,840 acres to cover costs of survey and roads. The Ure-
     wera District Native Reserves Act had sought to avert such
     losses. The Crown was awarded almost all of the valuable
     timber land in the Te Whāiti block.

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(59) In 1926 titles were awarded. Ngāti Whare were then able to
     utilise the resources on their remaining land. In 1928 they
     began selling timber cutting rights to commercial millers.
     Te Whāiti 1930s and 1940s
(60) In 1928 the first sawmill opened at Te Whāiti. At this time the   5
     Crown had granted the Waiariki District Māori Land Board au-
     thority to grant cutting rights over Ngāti Whare owned lands.
     Neither the Board nor the sawmillers gained the consent of the
     Commissioner of Forests, whose written consent was required
     before cutting on Māori land took place. Ngāti Whare notified     10
     the Crown that the millers were cutting timber in a wasteful
     way. The Commissioner of Forests considered the owners had
     been treated unfairly and “that this invalid contract should be
     terminated as soon as possible”. However, neither the Māori
     Land Court nor the Forest Service intervened to safeguard the     15
     interests of landowners. Consequently the amount of saleable
     timber on Māori owned land at Te Whāiti decreased rapidly
     in the first years of the Depression. The State Forest Service
     withheld its consent when another private company applied for
     cutting rights so the mill remained the only company allowed      20
     to mill at Te Whāiti.
(61) In 1935 Crown officers recommended that all felling in Te
     Urewera stop, except in the Whirinaki Valley in which the
     Te Whāiti block sat. The officers also suggested that Māori
     should be compensated adequately if they were prevented           25
     from logging their forests. In 1936 the Crown offered to
     purchase the Te Whāiti Residue No 2 block from Ngāti Whare
     to preserve the forest. Landowners expressed distrust because
     of past Crown actions and did not want to sell their lands.
(62) In 1938 landowners accepted a Crown offer to exchange the         30
     Te Whāiti Residue B block for nearby Crown land that was
     suitable for farming but which was lying idle. Māori landown-
     ers wanted to proceed immediately. For 15 years the Crown
     promised to exchange the Te Whāiti Residue B block and
     neighbouring Māori blocks with Crown land, but this never         35
     transpired. Ngāti Whare finally sold cutting rights on the Te
     Whāiti Residue B in 1954.



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                    Ngāti Manawa and Ngāti Whare
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     The Forest Service and the Establishment of Minginui
(63) In the 1930s the State Forest Service, concerned about the de-
     structive practices employed by private saw millers, decided
     to carry out its own logging using a system of selective logging
     to manage the forest on a sustained yield basis. The scheme          5
     began in 1938 in podocarp stands in the Whirinaki valley on
     the border of State Forest 58.
(64) The Forest Service established a model village at Minginui in
     1948. By mid-1950, 69 houses had been built, and by 1980
     there were a total of 94 houses at Minginui. Between 1951 and        10
     1981 Minginui supported a population that fluctuated between
     374 and 444 persons.
(65) The Forest Service contracted to supply timber to three pri-
     vately-owned saw mills in 1946. The demand for timber con-
     tinued after World War II and in 1950 the Forest Service com-        15
     pleted a management plan. Endorsing the ongoing felling of
     podocarp timber, it aimed to retain the viability of forests and
     the communities that depended on them.
(66) The Forest Service administration of Minginui from the late
     1940s to 1984 had a positive impact on Ngāti Whare’s social          20
     and health conditions, with improved social and health ser-
     vices, good employment, better housing and new schools.
     Te Whāiti-Nui-a-Toi Forest
(67) From the 1940s to the 1960s Ngāti Whare were keen to de-
     velop their remaining lands and sought to have them included 25
     in Crown operated development schemes for Māori owned
     land. Because of the small amount of land left in Ngāti Whare
     ownership and the prioritisation of areas where greater levels
     of Māori land was retained, the Crown did not begin assisting
     Ngāti Whare in this way until the 1970s.                        30
(68) The Crown began drafting plans to develop Te Whāiti lands
     from 1971. By this time the Crown considered that Ngāti
     Whare’s remaining land would be more suited to forestry than
     pastoral farming. At this stage Ngāti Whare hoped to use ex-
     otic forestry to fund much needed repairs to their marae, pro- 35
     mote tribal employment, protect their wāhi tapu and gain an
     income from the land. For its part, the Crown wanted to utilise
     underdeveloped Māori land, make a profit from the trees, pro-


                                                                   123
                      Ngāti Manawa and Ngāti Whare
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        vide a return for the owners and enhance the recreation and
        environmental value of the land.
(69)    In January 1974, the Māori Land Court consolidated much of
        the remaining Ngāti Whare land in a new block, named Te
        Whāiti-Nui-a-Toi. The Court vested the 7,777 acre block in          5
        the Māori Trustee under section 438 of the Māori Affairs Act
        1953. Out of this block, 4,983 acres were to be leased for
        forestry purposes. The remaining acres, unsuitable for forestry
        or farming due to their broken and steep nature, were to be
        used and managed or alienated at the discretion of the Māori        10
        Trustee.
(70)    The Māori Trustee negotiated the forestry lease on behalf of
        the owners. Ngāti Whare needed revenue for their marae and
        could not wait until the trees were harvested 30 years later.
        Nor did they want to lose control over their lands for the usual    15
        period in forest leases of 99 years. Six of the beneficial owners
        were Advisory Trustees to the Māori Trustee, but they were
        not always kept informed of key developments.
(71)    For most of the negotiations the draft lease included provi-
        sions for Ngāti Whare and the Crown to share profits from           20
        the harvest of the trees, while also providing some income for
        the owners in its early years. Without any explanation being
        made to the Advisory Trustees, profit sharing provisions were
        dropped from negotiations in August 1975. At that time New
        Zealand was facing rising and unprecedented inflation.              25
(72)    The final 1976 lease was for 66 years, had no provision for
        profit sharing and paid the Ngāti Whare owners $8,100 per an-
        num for the whole term of the lease adjusted annually by the
        Consumer Price Index (CPI). The lease did not contain a rental
        review clause. It was the only CPI adjusted rental lease entered    30
        into between the Crown and Māori. In August 1989 the Māori
        Land Court ordered the transfer of the Te Whāiti-Nui-a-Toi
        lease from the Māori Trustee to beneficial owner Trustees, es-
        tablishing the Te Whāiti-Nui-a-Toi Trust in the process.
(73)    From 1994 the rapid acceleration of land values, relative to        35
        consumer prices, meant that the Te Whāiti-Nui-a-Toi owners’
        return was significantly lower than that received by other
        forestry owners. As a result, the lease did not benefit the


124
                    Ngāti Manawa and Ngāti Whare
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       owners as much as anticipated. The Trustees were finally able
       to renegotiate an improved lease with the Crown in 2007.
       The End of the Forest Service and the Handover of Minginui
(74)   In 1984 the Whirinaki Conservation Park (commonly referred
       to as the Whirinaki Forest Park) was established and shortly         5
       thereafter the Crown stopped the felling of indigenous timber.
       From early 1985 the Forest Service was restructured, ultim-
       ately into three new organisations: the Ministry of Forestry,
       the New Zealand Forestry Corporation and the Department of
       Conservation. In 1987 most of the Whirinaki Conservation             10
       Park was transferred to the Department of Conservation to be
       preserved as an ecological reserve. The balance of the Park
       was allocated to ongoing commercial use under the Crown
       Forestry Licence regime set out in the Crown Forest Assets
       Act 1989.                                                            15
(75)   The New Zealand Forestry Corporation, established on 1 April
       1987, did not wish to provide housing for their employees
       and support forestry communities such as Minginui. Ming-
       inui residents who had been employed by the Forest Service
       were no longer required. There were significant job losses as a      20
       result. Unemployment in Minginui was recorded at 51 percent
       in April 1987 and estimated at 95 percent in late 1988 after the
       last private mill closed. Many of those made redundant were
       Ngāti Whare.
(76)   After four decades of relative prosperity, only a handful of         25
       Ngāti Whare were able to earn a living in their own rohe.
       Many left and those who chose to remain on their traditional
       lands became, and remain, largely dependent on benefits.
       This, and a dramatic decline in services, had a significant
       impact on Ngāti Whare and the community, including greater           30
       poverty and poorer health conditions.
(77)   In 1987, the Crown and Ngāti Whare began discussions on
       the future of Minginui Village. Ngāti Whare wanted to regain
       ownership of their ancestral land. They also wanted to protect
       the houses in the village and to administer it as a papakainga.      35
       The Crown sought to support Māori living on their tribal lands
       and avoid the considerable social costs of relocating the com-
       munity. Minginui’s infrastructure (roads, footpaths, sewerage
       system, stormwater, water supply and street lighting) was be-

                                                                     125
                    Ngāti Manawa and Ngāti Whare
Part 2 cl 137            Claims Settlement Bill


     low government standards. The Whakatane District Council
     was reluctant to take over administration of the village if these
     deficiencies were not addressed. The Crown was aware that
     the cost of bringing the town’s infrastructure up to standard
     was estimated at over a million dollars.                            5
(78) In March 1988, the Te Whāiti-Nui-a-Toi Trust in conjunction
     with the Minginui Village Council sought to take over the run-
     ning of the village. The Crown agreed. On 29 March 1989,
     the Māori Land Court vested Minginui in Wharepakau, the
     eponymous ancestor of Ngāti Whare. A new body—the Ngāti             10
     Whare Trust—was established to hold the land, with day to
     day operations being carried out by a subsidiary, Minginui Vil-
     lage Council Ltd.
(79) Minginui Village did not prosper after 1989. The Crown made
     a $100,000 contribution for the upgrading of infrastructure,        15
     but the Trust responsible for administering Minginui Village
     had few resources to meet infrastructure needs. Infrastruc-
     ture problems identified in 1987 went largely unaddressed for
     twenty years. Ngāti Whare have sought for a number of years
     to engage with the Crown about the ongoing socio-economic           20
     and infrastructural needs of Minginui Village. The Crown and
     Ngāti Whare are currently working on resolving these issues.

                    Crown acknowledgements
137     Acknowledgements
(1)     The Crown acknowledges that it has failed to address the long 25
        standing grievances of Ngāti Whare in an appropriate way and
        that recognition of these grievances is long overdue.
(2)     The Crown acknowledges that Ngāti Whare did not sign the
        Treaty of Waitangi in 1840 and that by 1864, when Ngāti
        Whare were involved in fighting against the Crown alongside 30
        the Kingitanga, Ngāti Whare and the Crown had not estab-
        lished a relationship from which Ngāti Whare felt a meaning-
        ful duty of allegiance to the Crown could be derived.
(3)     The Crown acknowledges that from 1868 war was brought
        to Te Urewera as the Crown sought to apprehend Te Kooti 35
        and Ngāti Whare chose to support Te Kooti, seeing him as


126
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill             Part 2 cl 137


      a prophet and identifying with the injustice of his detention
      without trial by the Crown.
(4)   The Crown’s actions during and after its 1869 attack on Te
      Harema pā included:
      (a) the killing of elderly men who were trying to take the            5
             women and children to safety; and
      (b) the destruction of the pā and taonga and all the nearby
             cultivations; and
      (c) the failure to properly monitor and control the actions
             of its armed force; and                                        10
      (d) the handing over of women and children to traditional
             enemies of Ngāti Whare and their exile from their rohe,
             which facilitated the permanent dislocation of some
             members of that community; and
      (e) the failure to provide sufficiently for all those kept in         15
             exile at Te Pūtere; and
      (f)    that Ngāti Whare were not compensated for the impacts
             of any excessive Crown actions.
(5)   The Crown acknowledges that its actions during and after its
      1869 attack on Te Harema pā as set out in subsection (4) had          20
      a destructive effect on the mana, social structure, and well-be-
      ing of Ngāti Whare. The Crown acknowledges that its conduct
      showed reckless disregard for Ngāti Whare, went beyond what
      was necessary or appropriate in these circumstances, and was
      in breach of the Treaty of Waitangi and its principles.               25
(6)   The Crown acknowledges the sense of grievance suffered by
      Ngāti Whare and the distress to generations of Ngāti Whare
      who have carried the stigma of being labelled rebels by the
      Crown.
(7)   The Crown acknowledges that—                                          30
      (a) the native land laws introduced from the 1860s required
             iwi to participate in title investigations by the Native
             Land Court to protect their interests in lands; and
      (b) Ngāti Whare, due to their allegiance to Te Whitu Tekau,
             consistently opposed the introduction and operation of         35
             the native land laws and did not participate in the Native
             Land Court processes as an iwi for lands in which they
             had mana/ahi kaa; and


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                    Ngāti Manawa and Ngāti Whare
Part 2 cl 137            Claims Settlement Bill


        (c) Ngāti Whare’s non-participation resulted in their rights
            to these lands not being fully recognised; and
     (d) Ngāti Whare’s non-participation resulted in Ngāti
            Whare being deprived of access to their traditional
            sources of food and to resources that might have been       5
            developed in future years; and
     (e) it failed to consider the impact of Ngāti Whare’s non-
            participation in the Native Land Court processes on
            them and did not act to remedy the prejudicial effects
            on Ngāti Whare. In so doing the Crown failed to ac-         10
            tively protect the interests of Ngāti Whare in land they
            wished to retain and this was a breach of the Treaty of
            Waitangi and its principles.
(8) The Crown acknowledges that its 1894–1895 discussions
     with Ngāti Whare and other Urewera Māori were conducted            15
     in good faith by both parties. The resulting Urewera District
     Native Reserve Act 1896 sought to promote tribal autonomy
     and good governance and to protect land ownership.
(9) The Crown acknowledges that, in implementing the Urewera
     District Native Reserve Act 1896, the Crown—                       20
     (a) failed to establish an effective system of local land ad-
            ministration and local governance; and
     (b) made unilateral changes to key parts of the legislation
            without effective consultation with Ngāti Whare; and
     (c) undermined the governance of the reserve and circum-           25
            vented the protective mechanisms of communal deci-
            sion making by commencing the purchase of individual
            interests within the Te Whāiti block between 1915 and
            1921 without the collective control of its actions by the
            General Committee; and                                      30
     (d) hindered Ngāti Whare from commercially exploiting
            the timber on their land or partitioning their interests
            from those of the Crown prior to the introduction of the
            Consolidation Scheme in 1921.
(10) The Crown acknowledges that the actions set out in sub-            35
     section (9) undermined the Crown’s relationship with Ngāti
     Whare and were a breach of the Treaty of Waitangi and its
     principles.


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                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill            Part 2 cl 138


(11) The Crown acknowledges that its purchasing of individual
     interests in the Te Whāiti block left Ngāti Whare virtually land-
     less and that their land holdings were further diminished as a
     result of the Urewera Consolidation Scheme when the Crown
     required those Ngāti Whare who managed to retain their lands          5
     to pay for survey and roading costs in land.
(12) The Crown acknowledges that the cumulative effect of its ac-
     tions has alienated Ngāti Whare from their lands hindering
     their economic, social, and cultural development. The Crown
     acknowledges that its failure to ensure that Ngāti Whare re-          10
     tained sufficient land for their present and future needs was a
     breach of the Treaty of Waitangi and its principles.
(13) The Crown acknowledges that the people of New Zealand
     benefited from the milling of timber on lands alienated from
     Ngāti Whare and that, following the creation of Whirinaki             15
     Conservation Park in 1984, all of New Zealand has benefited
     from the preservation of the native forest and promotion of the
     conservation of those lands.
(14) The Crown acknowledges the generosity of spirit shown by
     Ngāti Whare in their desire to ensure ongong public access            20
     and use of the Whirinaki Conservation Park.
(15) The Crown acknowledges that Ngāti Whare sought its assist-
     ance to develop their remaining land from the 1940s and that
     the original Te Whāiti-Nui-a-Toi lease that was agreed in 1976
     for this purpose did not benefit Ngāti Whare as anticipated.          25
(16) The Crown acknowledges that its cessation of indigenous log-
     ging in the Whirinaki Forest and its subsequent corporatisa-
     tion of the New Zealand Forest Service resulted in high un-
     employment rates for Minginui Village, a significant decline
     in services, and an increase in poverty. This had a devastating       30
     and lasting impact on Minginui Village and the people of Ngāti
     Whare, which was compounded by the return of Minginui Vil-
     lage to Ngāti Whare without adequate resources or support.

                          Crown apology
138   Apology                                                      35
(1)   The Crown recognises that until now it has failed to address
      the longstanding grievances of Ngāti Whare in an appropriate

                                                                    129
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 139              Claims Settlement Bill


        way and that the Crown’s recognition of these grievances is
        long overdue. Accordingly, the Crown makes the following
        apology to Ngāti Whare and to their ancestors and descend-
        ants.
(2)     The Crown profoundly regrets and unreservedly apologises to         5
        Ngāti Whare for the breaches of the Treaty of Waitangi, and
        its principles, acknowledged above.
(3)     The Crown deeply regrets the loss of lives, destruction, and
        harm inflicted on Ngāti Whare during and after its 1869 attack
        on Te Harema pā and unreservedly apologises to Ngāti Whare          10
        for its actions.
(4)     The Crown regrets that Ngāti Whare have borne the stigma of
        being labelled rebels.
(5)     The Crown profoundly regrets and apologises for the cumula-
        tive effect of its actions and omissions over generations which     15
        have resulted in the virtual landlessness of Ngāti Whare to the
        present day.
(6)     The Crown apologises to Ngāti Whare for the detrimental ef-
        fects of its actions on them, their access to customary resources
        and significant sites, their economic and social development,       20
        and their physical, cultural, and spiritual wellbeing.
(7)     Through this apology the Crown seeks to atone for these past
        wrongs, restore its honour which has been tarnished by its ac-
        tions, and begin the process of healing. The Crown looks for-
        ward to building a lasting relationship based on mutual trust       25
        and cooperation with Ngāti Whare.

                            Interpretation
139     Intention of Act generally
        It is the intention of Parliament that the provisions of this Part
        are interpreted in a manner that best furthers the agreements 30
        expressed in the deed of settlement.

140     Interpretation
        In this Part, unless the context otherwise requires,—
        administering body has the meaning given to it in section 2(1)
        of the Reserves Act 1977                                       35


130
             Ngāti Manawa and Ngāti Whare
                  Claims Settlement Bill          Part 2 cl 140


authorised person means—
(a) a person authorised by the Director-General, for the—
       (i)    Okārea Pā site:
       (ii) Te Takanga-a-Wharepakau site:
       (iii) Te Tāpiri Pā site:                                   5
(b) a person authorised by the chief executive of LINZ, for
       the—
       (i)    Hināmoki Pā site:
       (ii) Matuatahi Pā site:
       (iii) Otahi Kāinga:                                        10
       (iv) Otutakahiao site:
       (v) Te Pukemohoao Kāinga:
       (vi) Wekanui Kāinga:
(c) a person authorised by the Secretary for Justice, for all
       other cases                                                15
business day means the period of 9 am to 5 pm on any day of
the week other than—
(a) Saturday and Sunday; and
(b) the days observed as the anniversaries of the provinces
       of Auckland and Wellington; and                            20
(c) Waitangi Day, Good Friday, Easter Monday, Anzac
       Day, the Sovereign’s Birthday, and Labour Day; and
(d) a day in the period starting on 25 December and ending
       with the close of 15 January in the following year
CNI forests sites means the following sites:                      25
(a) Balance of the Regeneration Land:
(b) Mangamate Falls site:
(c) Mangamate Kāinga site:
(d) Pareranui site:
(e) Tauranga-o-Reti site:                                         30
(f)    Te Rake Pā site:
(g) Te Teko site:
(h) Waimurupūhā site
Commissioner of Crown Lands means the Commissioner of
Crown Lands appointed under section 24AA of the Land Act          35
1948
consent authority has the meaning given to it in section 2(1)
of the Resource Management Act 1991


                                                           131
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 140              Claims Settlement Bill


        conservation accord—
        (a) means the accord issued by the Minister of Conserva-
              tion under section 172(1)(a); and
        (b) includes amendments to the accord under section
                172(1)(b)                                                 5
        conservation accord area means the area subject to the con-
        servation accord as shown on the map attached to the accord
        Conservation Authority means the New Zealand Conserva-
        tion Authority established by section 6A of the Conservation
        Act 1987                                                          10
        Conservation Board has the meaning given to it in section
        2(1) of the Conservation Act 1987
        conservation document means—
        (a) a conservation management plan as defined in section
               2(1) of the Conservation Act 1987; or                      15
        (b) a conservation management strategy as defined in sec-
               tion 2(1) of the Conservation Act 1987; or
        (c) a management plan as defined in section 2 of the Na-
               tional Parks Act 1980
        Crown has the meaning given to it in section 2(1) of the Public   20
        Finance Act 1989
        Crown forestry licence means the Kaingaroa Forest/Whiri-
        naki Block Crown forestry licence held in computer interest
        register SA 57A/60 (South Auckland Registry)
        Crown minerals protocol—                                          25
        (a) means the protocol issued by the Minister of Energy and
               Resources under section 172(1)(a); and
        (b) includes amendments to the protocol under section
                172(1)(b)
        Crown minerals protocol area means the area subject to the 30
        Crown minerals protocol as shown on the map attached to the
        protocol
        Crown owned mineral means a mineral, as defined in section
        2(1) of the Crown Minerals Act 1991, to which 1 of the fol-
        lowing applies:                                               35
        (a) it is the property of the Crown under section 10 or 11 of
              the Act; or


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             Ngāti Manawa and Ngāti Whare
                  Claims Settlement Bill             Part 2 cl 140


(b)    the Crown has jurisdiction over it under the Continental
       Shelf Act 1964
cultural redress property means a site described as a cultural
redress property in Part 1 of Schedule 6
deed of recognition means a deed of recognition entered into         5
by the Crown and the trustees of Te Rūnanga o Ngāti Whare
in accordance with section 188
deed of settlement—
(a) means the deed of settlement dated 8 December 2009
       and signed by—                                                10
       (i)   the Minister for Treaty of Waitangi Negotiations,
             the Honourable Christopher Finlayson; and
       (ii) James Carlson, David Bronco Carson, Kōhiti
             Kōhiti, Lena Brew, Pene Olsen, Robert Taylor,
             and Roberta Rickard                                     15
(b) includes—
       (i)   the schedules and attachments to the deed of
             settlement; and
       (ii) any amendments to the deed of settlement, its
             schedules, and its attachments                          20
Director-General has the meaning given to it in section 2(1)
of the Conservation Act 1987
effective date means the date that is 6 months after the settle-
ment date
encumbrance means a lease, tenancy, licence, licence to oc-          25
cupy, easement, covenant, or other right affecting a property
fisheries protocol—
(a) means the protocol issued by the Minister of Fisheries
       under section 172(1)(a); and
(b) includes amendments to the protocol under section                30
      172(1)(b)
fisheries protocol area means the area subject to the fisheries
protocol as shown on the map attached to the protocol
former Crown forest land means each of the following sites:
(a) Pareranui site:                                             35
(b) Tauranga-o-Reti site:
(c) Te Teko site:
(d) Mangamate Kāinga site:

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                     Ngāti Manawa and Ngāti Whare
Part 2 cl 140             Claims Settlement Bill


        (e) Waimurupūhā site:
        (f)    Mangamate Falls site:
        (g) Te Rake Pā site
        historical claim has the meaning given to it in section 142
        Historic Places Trust means the New Zealand Historic Places 5
        Trust continued by section 38 of the Historic Places Act 1993
        jointly vested sites means the sites described in sections 215
        to 218
        licensee means the registered holder of a Crown forestry li-
        cence                                                              10
        LINZ means Land Information New Zealand
        minerals programme has the meaning given to it in section
        2(1) of the Crown Minerals Act 1991
        Ngāti Manawa has the meaning given to it in section 11 of
        the Ngāti Manawa Claims Settlement Act 2010                        15
        Ngāti Whare has the meaning given to it in section 141
        non-cultural redress property means a site described as a
        non-cultural redress property in Part 2 of Schedule 6
        protected land means land in respect of which a direction has
        been made under section 234(3)(a)                                  20
        protocol means a protocol issued under section 172(1)(a),
        including any amendments made under section 172(1)(b)
        regeneration land means together the following sites:
        (a) Pareranui site; and
        (b) Tauranga-o-Reti site; and                                      25
        (c) Te Teko site; and
        (d) Mangamate Kāinga site; and
        (e) Wekanui Kāinga; and
        (f)    Otahi Kāinga; and
        (g) Te Pukemohoao Kāinga; and                                      30
        (h) Matuatahi Pā; and
        (i)    Balance of the Regeneration Land
        Registrar-General means the Registrar-General of Land ap-
        pointed under section 4 of the Land Transfer Act 1952
        relevant consent authority means a consent authority of a          35
        region or district that contains, or is adjacent to, a statutory
        area

134
             Ngāti Manawa and Ngāti Whare
                  Claims Settlement Bill            Part 2 cl 140


representative entity means—
(a) the trustees of Te Rūnanga o Ngāti Whare; and
(b) a person (including any trustees) acting for, or on behalf
      of,—
      (i)   the collective group referred to in section 5
            141(1)(a); or
      (ii) 1 or more of the whānau, hapū, or groups that
            together form the collective group referred to in
            section 141(1)(a); or
      (iii) 1 or more of the individuals referred to in sec- 10
             tion 141(1)(b)
reserve site means each of the following sites—
(a) Mangamate Falls site:
(b) Te Takanga-a-Wharepakau
resource consent has the meaning given to it in section 2(1)        15
of the Resource Management Act 1991
responsible Minister means,—
(a) for the conservation accord, the Minister of Conserva-
       tion:
(b) for the fisheries protocol, the Minister of Fisheries:          20
(c) for the taonga tūturu protocol, the Minister for Arts,
       Culture and Heritage:
(d) for any protocol, a Minister authorised by the Prime
       Minister to perform duties, and exercise powers and
       rights, in relation to it                                    25
responsible Ministry means,—
(a) for the conservation accord, the Department of Conser-
       vation:
(b) for the fisheries protocol, the Ministry of Fisheries:
(c) for the taonga tūturu protocol, the Ministry for Culture        30
       and Heritage:
(d) for any protocol, a department authorised by the Prime
       Minister to perform duties, and exercise powers and
       rights, in relation to it
return date has the meaning given to it in clause 16.7.3 of the     35
Crown forestry licence
settlement date means the date that is 20 business days after
the date on which this Part comes into force


                                                             135
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 140              Claims Settlement Bill


        settlement property means every cultural redress property,
        and non-cultural redress property
        statement of association has the meaning given to it in sec-
        tion 179(2)
        statutory acknowledgement means the acknowledgement 5
        made by the Crown in section 179(1) in respect of a statu-
        tory area, on the terms set out in sections 180 to 184, 186,
        and 187
        statutory area means an area described in Schedule 5, the
        general location of which is indicated on the deed plan referred   10
        to in relation to that area in Schedule 5 (but which does not
        establish the precise boundaries of the statutory area)
        statutory plan—
        (a) means a district plan, proposed plan, regional coastal
               plan, regional plan, or regional policy statement as de-    15
               fined in section 2(1) of the Resource Management Act
               1991; and
        (b) includes a proposed policy statement provided for in
               Schedule 1 of the Resource Management Act 1991
        supplementary deed of settlement means the supplementary           20
        deed of settlement in relation to the Rangitaiki River between
        the Crown and Ngāti Whare
        taonga tūturu has the meaning given to it in section 2(1) of
        the Protected Objects Act 1975
        taonga tūturu protocol—                                            25
        (a) means the protocol issued by the Minister for Arts, Cul-
               ture and Heritage under section 172(1)(a); and
        (b) includes amendments to the protocol under section
                172(1)(b)
        taonga tūturu protocol area means the area subject to the 30
        taonga tūturu protocol as shown on the map attached to the
        protocol
        Te Pua o Whirinaki Regeneration Trust means the trustees
        from time to time of the trust established by the Te Pua o
        Whirinaki Regeneration Trust Deed, in their capacity as such 35
        trustees; and, if the trustees have incorporated as a board under
        the Charitable Trusts Act 1957, means the Board so incorpor-
        ated

136
             Ngāti Manawa and Ngāti Whare
                  Claims Settlement Bill          Part 2 cl 140


Te Pua o Whirinaki Regeneration Trust Deed—
(a) means the deed of trust set out in Part 8 of the schedule
       of the deed of settlement; and
(b) includes the Wāhi Tapu Deed of Gift set out in Part 8 of
       the Schedule of the deed, for—                             5
       (i)    Mangamate Kāinga site:
       (ii) Matuatahi Pā:
       (iii) Otahi Kāinga:
       (iv) Pareranui site:
       (v) Tauranga-o-Reti site:                                  10
       (vi) Te Pukemohoao Kāinga:
       (vii) Te Teko site:
       (viii) Wekanui Kāinga
Te Rūnanga o Ngāti Manawa means the trust established by
the Te Rūnanga o Ngāti Manawa trust deed                          15
Te Rūnanga o Ngāti Manawa trust deed—
(a) means the deed of trust establishing Te Rūnanga o Ngāti
       Manawa dated 7 September 2002; and
(b) includes—
       (i)    the schedules to the deed of trust; and             20
       (ii) any amendments to the deed of trust or its sched-
              ules
Te Rūnanga o Ngāti Whare means the trust established by
the Te Rūnanga o Ngāti Whare trust deed
Te Rūnanga o Ngāti Whare trust deed—                              25
(a) means the deed of trust establishing Te Rūnanga o Ngāti
       Whare dated 14 February 1999; and
(b) includes—
       (i)    the schedules to the deed of trust; and
       (ii) any amendments to the deed of trust or its sched-     30
              ules
Te Whāiti-Nui-a-Toi Canyon means the area described by
that name in Schedule 4
Trustees of Te Rūnanga o Ngāti Manawa means the trustees
from time to time of Te Rūnanga o Ngāti Manawa                    35
Trustees of Te Rūnanga o Ngāti Whare and trustees means
the trustees from time to time of Te Rūnanga o Ngāti Whare



                                                           137
                     Ngāti Manawa and Ngāti Whare
Part 2 cl 141             Claims Settlement Bill


        Tūwatawata means the area described by that name in
        Schedule 4
        wāhi tapu site means each of the following sites:
        (a) Otutakahiao:
        (b) Waimurupūhā site:                                      5
        (c) Mangamate Falls site:
        (d) Te Takanga-a-Wharepakau
        Whirinaki Te Pua-a-Tāne Conservation Park means the
        land held under the Conservation Act 1987 and known before
        22 May 2009 as the Whirinaki Forest Park                   10
        Whirinaki Plan means a conservation management plan to
        which sections 151 to 164 apply.

141     Meaning of Ngāti Whare
(1)     In this Part, Ngāti Whare—
        (a) means the collective group composed of individuals          15
               who—
               (i)     descend from the eponymous ancestor
                       Wharepakau; and
               (ii) are a member of any of the Ngāti Whare hapū in-
                       cluding Ngāti Tuahiwi, Ngāi Te Au, Ngāti Whare   20
                       ki Ngā Pōtiki, Ngāti Te Karaha, Ngāti Māhanga,
                       Ngāti Kohiwi, Ngāti Hāmua ki Te Whāiti, and
                       Warahoe ki Te Whāiti; and
        (b) means every individual referred to in paragraph (a);
               and                                                      25
        (c) includes any whānau, hāpu, or group to the extent that
               it is composed of individuals referred to in paragraph
               (a).
(2)     For the purpose of subsection (1)(a), a person is descended
        from another person if descended from the other person by any   30
        1 or more of the following—
        (a) birth:
        (b) legal adoption:
        (c) Māori customary adoption in accordance with Ngāti
               Whare tikanga.                                           35




138
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 2 cl 142


142   Meaning of historical claim
(1)   In this Part, historical claim has the meaning given to it in
      this section.
(2)   Historical claim means every claim that—
      (a) Ngāti Whare or a representative entity for Ngāti Whare           5
             had at any time before the settlement date or at the
             settlement date or may have at any time after the settle-
             ment date, whether or not the claim has arisen or been
             considered, researched, registered, notified, or made by
             or on the settlement date; and                                10
      (b) is, or is founded on, a right arising—
             (i)    from the Treaty of Waitangi or its principles; or
             (ii) under legislation; or
             (iii) at common law (including common law relating
                    to aboriginal title or customary law); or              15
             (iv) from a fiduciary duty; or
             (v) otherwise; and
      (c) arises from, or relates to, acts or omissions before
             21 September 1992—
             (i)    by, or on behalf of, the Crown; or                     20
             (ii) by or under legislation.
(3)   Historical claim includes—
      (a) every claim to the Waitangi Tribunal to which subsec-
             tion (2) applies and that relates exclusively to Ngāti
             Whare or a representative entity for Ngāti Whare, in-         25
             cluding—
             (i)    Wai 66; and
             (ii) Wai 1038; and
      (b) every other claim to the Waitangi Tribunal to the extent
             to which it relates to Ngāti Whare, including—                30
             (i)    Wai 212; and
             (ii) Wai 350; and
             (iii) Wai 439; and
             (iv) Wai 724; and
             (v) Wai 725; and                                              35
             (vi) Wai 791.
(4)   Historical claim does not include—
      (a) a claim that a member of Ngāti Whare, or a whānau,
             hapū, or group referred to in section 141(1)(c), may

                                                                    139
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 143              Claims Settlement Bill


                have that is, or is founded on, a right arising as a result
                of being descended from an ancestor who is not a Ngāti
                Whare ancestor; or
        (b)     a claim that a representative entity for Ngāti Whare may
                have to the extent to which the claim is, or is based on, 5
                a claim referred to in paragraph (a).

                   Settlement of historical claims
143     Settlement of historical claims
(1)     The historical claims are settled.
(2)     The settlement of the historical claims is final, and, on and       10
        from the settlement date, the Crown is released and discharged
        from all obligations and liabilities in respect of those claims.
(3)     Nothing in the deed of settlement or this Part—
        (a) extinguishes or limits any aboriginal title, or any cus-
               tomary right, that Ngāti Whare may have:                     15
        (b) is, or implies, an acknowledgement by the Crown that
               any aboriginal title, or any customary right, exists:
        (c) affects a right that Ngāti Whare or the Crown may have,
               including a right—
               (i)    according to tikanga or customary law:                20
               (ii) arising from the Treaty of Waitangi or its prin-
                      ciples:
               (iii) arising under legislation:
               (iv) arising at common law (including common law
                      relating to aboriginal title or customary law):       25
               (v) arising from a fiduciary duty:
               (vi) arising in some other way.
(4)     Despite any other enactment or rule of law, on and from the
        settlement date, the courts, the Waitangi Tribunal, and all other
        judicial bodies and tribunals do not have jurisdiction over—        30
        (a) any or all of the historical claims; or
        (b) the deed of settlement; or
        (c) the redress provided under the deed of settlement or
               under this Part; or
        (d) this Part.                                                      35
(5)     The proscription of jurisdiction includes the jurisdiction to in-
        quire into or to make a finding or recommendation.

140
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill             Part 2 cl 146


(6)   The proscription of jurisdiction does not include the jurisdic-
      tion to interpret, implement, and enforce the deed of settle-
      ment, the redress defined in clause 13 of the deed of settle-
      ment, and this Part.
(7)   The proscription of jurisdiction does not include the jurisdic- 5
      tion of the Waitangi Tribunal to complete its inquiries and re-
      port on the Te Urewera Inquiry (Wai 894).

144   Amendment to the Treaty of Waitangi Act 1975
(1)   This section amends the Treaty of Waitangi Act 1975.
(2)   Schedule 3 is amended by inserting the following item in 10
      its appropriate alphabetical order: “Ngāti Whare Claims
      Settlement Act 2010, section 143(3) to (6)”.


145   Certain enactments do not apply
(1)   Nothing in the enactments listed in subsection (2) applies—
      (a) to a cultural redress property; or                        15
      (b) for the benefit of Ngāti Whare or a representative entity
            for Ngāti Whare.
(2)   The enactments are—
      (a) sections 8A to 8HJ of the Treaty of Waitangi Act 1975:
      (b) sections 27A to 27C of the State-Owned Enterprises Act 20
            1986:
      (c) sections 211 to 213 of the Education Act 1989:
      (d) Part 3 of the Crown Forest Assets Act 1989:
      (e) Part 3 of the New Zealand Railways Corporation Re-
            structuring Act 1990.                                   25

146   Removal of memorials
(1)   The chief executive of LINZ must issue to the Registrar-Gen-
      eral a certificate that identifies (by reference to the relevant
      legal description, certificate of title, or computer register) each
      allotment that is—                                                  30
      (a) all, or part of, a cultural redress property; and
      (b) contained in a certificate of title or computer register
             that has a memorial entered under any enactment re-
             ferred to in section 145(2).



                                                                     141
                     Ngāti Manawa and Ngāti Whare
Part 2 cl 147             Claims Settlement Bill


(2)     The chief executive of LINZ must issue a certificate under
        subsection (1)     as soon as is reasonably practicable after the
        settlement date.
(3)     Each certificate must state that is it issued under this section.
(4)     The Registrar-General must, as soon as is reasonably prac- 5
        ticable after receiving a certificate issued under subsection
        (1),—
        (a) register the certificate against each certificate of title or
               computer register identified in the certificate; and
        (b) cancel, in respect of each allotment identified in the cer- 10
               tificate, each memorial that is entered (in accordance
               with any enactment referred to in section 145(2)) on a
               certificate of title or computer register identified in the
               certificate.

                      Miscellaneous matters                            15
147     Rule against perpetuities does not apply
(1)     Neither the rule against perpetuities nor the Perpetuities Act
        1964 prescribes or restricts the period during which—
        (a) the trust established by the Te Rūnanga o Ngāti Whare
               trust deed may exist in law; or                          20
        (b) the trustees of Te Rūnanga o Ngāti Whare, in their cap-
               acity as trustees, may hold or deal with property or in-
               come from property.
(2)     Neither the rule against perpetuities nor the Perpetuities Act
        1964 applies to a document entered into to give effect to the 25
        deed of settlement if the application of the rule or the Act
        would make the document invalid or ineffective or a right con-
        ferred by the document invalid or ineffective.
(3)     However, if the trust established by the Te Rūnanga o Ngāti
        Whare trust deed is or becomes a charitable trust, whether and 30
        how the rule against perpetuities or the Perpetuities Act 1964
        applies must be determined under the general law.

148     Timing of actions or matters
(1)     Actions or matters occurring under this Part occur or take
        effect on and from the settlement date.                    35


142
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 2 cl 152


(2)   However, if a provision of this Part requires an action or mat-
      ter to occur or take effect on a date other than the settlement
      date, that action or matter occurs or takes effect on and from
      that other date.

149   Access to deed of settlement                                   5
      On and from the settlement date, the chief executive of the
      Ministry of Justice must make copies of the deed of settlement
      available in the following ways:
      (a) free of charge on an Internet site maintained by or on
            behalf of the Ministry of Justice; and                   10
      (b) at the head office of the Ministry of Justice in Welling-
            ton on a business day—
            (i)     for reading free of charge; and
            (ii) for purchase at a reasonable price.

                      Cultural redress                                    15
         Whirinkai Te Pua-a-Tāne Conservation Park
150   Crown acknowledgement
      The Crown acknowledges the significance of the Whirinaki Te
      Pua-a-Tāne Conservation Park to Ngāti Whare as the kaitiaki
      of the park.                                                20

151   Whirinaki conservation management plan to be prepared
      A conservation management plan for the Whirinaki Te Pua-a-
      Tāne Conservation Park must be prepared and approved using
      the process in sections 152 to 161.

152   Preparation of draft plan                                     25
      Within 6 months of the settlement date, the Director-General
      must commence the preparation of a draft Whirinaki Plan in
      consultation with trustees of Te Rūnanga o Ngāti Whare, the
      Conservation Board, and any other persons or organisations
      that the Director-General considers practicable and appropri- 30
      ate.




                                                                   143
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 153              Claims Settlement Bill


153     Notification of draft plan
(1)     No later than 6 months after the commencement of the prepar-
        ation of the draft plan under section 152, the Director-Gen-
        eral must—
        (a) notify the draft plan by publishing a notice in accord-          5
               ance with section 49(1) of the Conservation Act 1987
               as if the Director-General were the Minister of Conser-
               vation for the purposes of that section; and
        (b) give the notice to—
               (i)     the appropriate iwi authorities; and                  10
               (ii) the appropriate regional councils and territorial
                       authorities.
(2)     The notice must—
        (a) state that the draft plan is available for inspection at the
               places and times specified in the notice; and                 15
        (b) invite submissions on the draft plan to the Director-
               General at the place specified in the notice and before a
               date specified in the notice that must be at least 2 months
               after the date of the notice.
(3)     After consulting the trustees of Te Rūnanga o Ngāti Whare,           20
        and the Conservation Board, the Director-General may obtain
        opinion from any other person or organisation on the draft plan
        by any other means.

154     Availability of draft plan
        From the date of the notice under section 153, the Director- 25
        General must make the draft plan available for reading by the
        public during normal office hours in the places, and in the
        quantities, that are likely to encourage public participation in
        the development of the draft plan.

155     Hearing of submissions on draft plan                            30
(1)     Any person may make a written submission on the draft plan to
        the Director-General at the place and before the date specified
        in the notice under section 153(2).
(2)     A submission must include a statement as to whether the per-
        son wishes to be heard in support of the submission.            35



144
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 2 cl 156


(3)   The Director-General must give persons who ask to be heard in
      support of a submission a reasonable opportunity of appearing
      before a meeting of representatives of the Director-General,
      the trustees of Te Rūnanga o Ngāti Whare, and the Conserva-
      tion Board.                                                     5
(4)   Representatives of the Director-General, the trustees of Te Rū-
      nanga o Ngāti Whare, and the Conservation Board may also
      hear submissions from any other persons or organisations that
      have been consulted on the draft plan under section 153(3).
(5)   The Director-General, the trustees of Te Rūnanga o Ngāti 10
      Whare and the Conservation Board shall determine the pro-
      cedures at any hearing under this section.
(6)   The hearing of submissions must be concluded no later than
      2 months after the date specified in the notice under section
      153(2).                                                         15

156   Revision of draft plan
(1)   No later than 1 month after the hearing of submissions has
      concluded, the Director-General must—
      (a) prepare a summary of the submissions received on the
             draft plan and any opinion expressed by any other per-       20
             sons or organisations under section 153(3); and
      (b) provide the summary to the trustees of Te Rūnanga o
             Ngāti Whare and the Conservation Board.
(2)   After considering the submissions and any opinion expressed
      by any other persons or organisations under section 153(3),         25
      the Director-General must revise the draft plan in consultation
      with the trustees of the Te Rūnanga o Ngāti Whare, and the
      Conservation Board who heard the submissions.
(3)   No later than 4 months after the hearing of submissions has
      concluded, the Director-General must provide the revised draft      30
      plan to trustees of the Te Rūnanga o Ngāti Whare and the Con-
      servation Board.
(4)   When the trustees of Te Rūnanga o Ngāti Whare and the Con-
      servation Board receive the revised draft plan, they—
      (a) must consider it together with the summary of submis-           35
             sions and other opinions; and



                                                                   145
                    Ngāti Manawa and Ngāti Whare
Part 2 cl 157            Claims Settlement Bill


        (b)    may, no later than 4 months after receiving it, request
               the Director-General to revise the draft plan further.
(5)     No later than 2 months after receiving a request to do so, the
        Director-General must revise the draft plan further and send
        the further revised draft plan to the trustees of Te Rūnanga o 5
        Ngāti Whare and the Conservation Board.
(6)     In sections 157 to 160, references to the draft plan mean the
        revised draft (see subsection (2)) or the further revised draft
        (see subsection (5)), depending on which draft trustees of Te
        Rūnanga o Ngāti Whare and the Conservation Board decide to 10
        proceed with.

157     Referral of draft plan to Conservation Authority and
        Minister
(1)     The trustees of Te Rūnanga o Ngāti Whare and the Conserva-
        tion Board must send the draft plan and the summary of sub- 15
        missions and other opinions to—
        (a) the Conservation Authority for comments on matters
              relating to the national public conservation interest in
              the Whirinaki Te Pua-a-Tāne Conservation Park; and
        (b) the Minister of Conservation for his or her comments. 20
(2)     No later than 4 months after receiving the draft plan and sum-
        mary, the Conservation Authority and the Minister must pro-
        vide any comments they have on the draft plan to the trustees
        of Te Rūnanga o Ngāti Whare and the Conservation Board.

158     Approval of draft plan                                        25
        After considering the comments on the draft plan from the
        Conservation Authority and the Minister of Conservation, the
        trustees of Te Rūnanga o Ngāti Whare and the Conservation
        Board may, no later than 2 months after receiving such com-
        ments,—                                                       30
        (a) approve the draft plan; or
        (b) send the Conservation Authority a written notice—
               (i)   stating that they disagree about a matter in the
                     draft plan; and
               (ii) identifying the matter about which they disagree 35
                     and the reasons for their disagreement.


146
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 2 cl 161


159   Conservation Authority to make recommendation on
      disagreement
(1)   No later than 3 months after the Conservation Authority re-
      ceives a notice under section 158(b), it must—
      (a) make a recommendation on the matter of disagreement; 5
            and
      (b) send the recommendation to the trustees of Te Rūnanga
            o Ngāti Whare and the Conservation Board.
(2)   The trustees of Te Rūnanga o Ngāti Whare and the Conser-
      vation Board must try to resolve the matter of disagreement, 10
      taking the recommendation into account.

160   Approval of draft plan following recommendation
(1)   This section applies if the trustees of Te Rūnanga o Ngāti
      Whare and the Conservation Board have received a recom-
      mendation from the Conservation Authority under section 15
      159.
(2)   If the trustees of Te Rūnanga o Ngāti Whare and the Conserva-
      tion Board have not resolved the matter of disagreement within
      2 months of receiving the recommendation, the recommenda-
      tion becomes binding on them.                                  20
(3)   The trustees of Te Rūnanga o Ngāti Whare and the Conserva-
      tion Board must approve the draft plan no later than 4 months
      after receiving the recommendation.

161   Mediation
(1)   No later than 3 months after the settlement date, the trustees of 25
      Te Rūnanga o Ngāti Whare, the Conservation Board, and the
      Director-General—
      (a) must agree on a mediator to be used if a disagreement
              is referred to mediation under this section; and
      (b) may subsequently agree to change the mediator.                30
(2)   If a disagreement arises between any of the trustees of Te Rū-
      nanga o Ngāti Whare, the Conservation Board, and the Dir-
      ector-General during the process set out in sections 152 to
      160, the parties to the disagreement must seek to resolve the
      matter in a co-operative, open-minded, and timely manner be- 35
      fore resorting to mediation under this section.


                                                                   147
                     Ngāti Manawa and Ngāti Whare
Part 2 cl 162             Claims Settlement Bill


(3)     If the parties remain unable to resolve the disagreement, any of
        the trustees of Te Rūnanga o Ngāti Whare, the Conservation
        Board, and the Director-General may refer the disagreement
        to mediation.
(4)     The party who refers the disagreement to mediation must give       5
        written notice to the mediator and the other parties.
(5)     All parties must—
        (a) participate in the mediation in a co-operative, open-
                minded, and timely manner; and
        (b) have particular regard to—                                     10
                (i)    the purpose of the conservation management plan
                       redress provided under this Part; and
                (ii) the conservation purpose for which the Whirinaki
                       Te Pua-a-Tāne Conservation Park is held.
(6)     The mediation must be completed no later than 3 months after       15
        the date of the notice given under subsection (4).
(7)     The 3–month period for mediation referred to in subsection
        (6) is not counted for the purposes of the timeframes in sec-
        tions 152 to 16 and subsection (1).
(8)     While mediation is occurring, the parties must use their best      20
        endeavours to continue with the process for the preparation
        and approval of the Whirinaki Plan.
(9)     The parties to the mediation must—
        (a) bear their own costs for the resolution of a matter of
                disagreement; and                                          25
        (b) share the costs of the mediator and associated costs
                equally.

162     Reviews of Whirinaki Plan
(1)     The trustees of Te Rūnanga o Ngāti Whare or the Conservation
        Board may request the Director-General to initiate a review of 30
        the Whirinaki Plan or any part of it.
(2)     The Director-General may initiate a review of the Whirinaki
        Plan or any part of it after receiving a request under subsec-
        tion (1) or after consulting the trustees of Te Rūnanga o Ngāti
        Whare and the Conservation Board.                               35
(3)     The Director-General must review the Whirinaki Plan as a
        whole no later than—

148
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill           Part 2 cl 164


      (a)   10 years after the date of its last approval; or
      (b)   a later date set by the Minister of Conservation after
            consultation with the trustees of Te Rūnanga o Ngāti
            Whare and the Conservation Board.
(4)   A review of the Whirinaki Plan must be carried out in accord- 5
      ance with sections 152 to 160, with any necessary modifi-
      cations.

163   Amendments to Whirinaki Plan
(1)   The Director-General may initiate an amendment of the Whiri-
      naki Plan or any part of it, after consulting the trustees of Te 10
      Rūnanga o Ngāti Whare and the Conservation Board.
(2)   An amendment of the Whirinaki Plan must be carried out in
      accordance with sections 152 to 160, with any necessary
      modifications.
(3)   However, the Director-General may, instead of complying 15
      with subsection (2), send the proposed amendment to the
      trustees of Te Rūnanga o Ngāti Whare and the Conservation
      Board for approval, if the Director-General, the trustees of
      Te Rūnanga o Ngāti Whare, and the Conservation Board
      consider that the proposed amendment is of such a nature 20
      that it would not materially affect the objectives or policies
      expressed in the Whirinaki Plan or the public interest in the
      area concerned.

164   Application of Conservation Act 1987
(1)   The Whirinaki Plan is a management plan for the purposes of 25
      section 17D(8) of the Conservation Act 1987.
(2)   This Part is an Act for the purposes of section 17D(4)(a) of
      the Conservation Act 1987.
(3)   The Conservation Act 1987 applies to the Whirinaki Plan as
      if it were a conservation management plan under the Act’s 30
      provisions, except for sections 17F, 17G, 17H, 17I, 49(2), and
      49(3).
(4)   If a conservation management strategy is prepared under sec-
      tion 17F of the Conservation Act 1987, the Director-General,
      Conservation Authority, Conservation Board, and Minister of 35
      Conservation must have regard to the cultural, historical, and

                                                                  149
                     Ngāti Manawa and Ngāti Whare
Part 2 cl 165             Claims Settlement Bill


        spiritual significance of the Whirinaki Te Pua-a-Tāne Conser-
        vation park to Ngāti Whare.

165     Areas added
(1)     This section applies to the following areas, as shown on the
        Department of Conservation Whirinaki Te Pua-a-Tāne Con- 5
        servation Park plan set out in Part 7 of the schedule of the deed
        of settlement:
        (a) Kakarahonui conservation area (does not include sec-
               tion 1 SO 432443):
        (b) Minginui conservation area:                                   10
        (c) Old Te Whāiti Road conservation area:
        (d) Otohi conservation area:
        (e) Whirinaki conservation area.
(2)     The areas are included in and form part of the Whirinaki Te
        Pua-a-Tāne Conservation Park.                                     15
(3)     As soon as reasonably practicable after the settlement date, the
        Minister of Conservation must set out the areas added to the
        Whirinaki Te Pua-a-Tāne Conservation Park in a notice in the
        Gazette.

           Te Whāiti-Nui-a-Toi Canyon and Tūwatawata                     20
                     specially protected areas
166     Crown acknowledgement
        The Crown acknowledges—
        (a) the significance of Te Whāiti-Nui-a-Toi Canyon and
             Tūwatawata to Ngāti Whare; and                         25
        (b) the generosity of Ngāti Whare in forgoing the return of
             Te Whāiti-Nui-a-Toi Canyon and Tūwatawata as part of
             the settlement of the historical claims.

167     Te Whāiti-Nui-a-Toi Canyon
        Te Whāiti-Nui-a-Toi Canyon is deemed to be a specially pro- 30
        tected area under section 18 of the Conservation Act 1987 for
        the purposes of—
        (a) recognising and protecting the cultural, historical, and
               spiritual significance of Te Whāiti-Nui-a-Toi Canyon to
               the iwi of Ngāti Whare; and                             35

150
                  Ngāti Manawa and Ngāti Whare
                       Claims Settlement Bill           Part 2 cl 170


      (b)   enabling the management of Te Whāiti-Nui-a-Toi
            Canyon as part of the Whirinaki Te Pua-a-Tāne Con-
            servation Park in accordance with conservation values
            and the tikanga and values of the iwi of Ngāti Whare;
            and                                                       5
      (c)   acknowledging the contribution of the iwi of Ngāti
            Whare to the Whirinaki Te Pua-a-Tāne Conservation
            Park and more generally to conservation and all New
            Zealand in forgoing the return of that part of the Whiri-
            naki River comprising Te Whāiti-Nui-a-Toi Canyon, 10
            including its banks, bed, riparian lands, and waters, as
            part of the settlement of the historical claims.

168   Tūwatawata
      Tūwatawata is deemed to be a specially protected area under
      section 18 of the Conservation Act 1987 for the purposes of— 15
      (a) recognising and protecting the cultural, historical, and
             spiritual significance of Tūwatawata to the iwi of Ngāti
             Whare; and
      (b) enabling the management of Tūwatawata as part of
             the Whirinaki Te Pua-a-Tāne Conservation Park in 20
             accordance with conservation values and the tikanga
             and values of the iwi of Ngāti Whare; and
      (c) acknowledging the contribution of the iwi of Ngāti
             Whare to the Whirinaki Te Pua-a-Tāne Conservation
             Park and more generally to conservation and all New 25
             Zealand in forgoing the return of Tūwatawata as part
             of the settlement of the historical claims.

169   Restrictions on activities
(1)   With the agreement of the trustees of Te Rūnanga o Ngāti
      Whare, the Minister of Conservation may impose restric- 30
      tions on activities in the Te Whāiti-Nui-a-Toi Canyon and
      Tūwatawata specially protected areas.
(2)   The Minister must impose the restrictions by notice in the
      Gazette.

170   Application of Conservation Act 1987                              35
      Nothing in this Part affects—

                                                                 151
                       Ngāti Manawa and Ngāti Whare
Part 2 cl 171               Claims Settlement Bill


        (a)     the status of Te Whāiti-Nui-a-Toi Canyon or
                Tūwatawata as part of the Whirinaki Te Pua-a-Tāne
                Conservation Park; or
        (b)     the status of the park as a specially protected area under
                the Conservation Act 1987; or                              5
        (c)     the application of the Conservation Act 1987 to the
                park; or
        (d)     the administration of the park by the Department of
                Conservation.

                    Whirinaki regeneration project                        10
171     Te Pua o Whirinaki Regeneration Trust
        The Te Pua o Whirinaki Regeneration Trust holds and admin-
        isters the regeneration land for the purposes set out in the Te
        Pua o Whirinaki Regeneration Trust Deed.

                         Protocols and accord                             15
172     Authority to issue, amend, or cancel accord or protocols
(1)     The responsible Minister—
        (a) must issue a conservation accord or protocol to the
               trustees of Te Rūnanga o Ngāti Whare in the form set
               out in Part 1 of the Schedule of the deed of settlement; 20
               and
        (b) may amend or cancel a protocol; and
        (c) may vary the conservation accord.
(2)     A protocol may be amended or cancelled under subsection
        (1) at the initiative of either—                                 25
        (a) the trustees of Te Rūnanga o Ngāti Whare; or
        (b) the responsible Minister.
(3)     The responsible Minister may amend or cancel a protocol only
        after consulting with, and having particular regard to the views
        of, the trustees of Te Rūnanga o Ngāti Whare.                    30
(4)     The conservation accord may be varied by agreement between
        the trustees of Te Rūnanga o Ngāti Whare and the responsible
        Minister.




152
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill           Part 2 cl 174


173   Accord and protocols subject to rights, functions, and
      obligations
      The conservation accord and protocols do not restrict—
      (a) the ability of the Crown to exercise its powers and per-
            form its functions and duties in accordance with the law 5
            and government policy, which includes (without limita-
            tion) the ability to—
            (i)    introduce legislation and change government
                   policy; and
            (ii) interact or consult with a person the Crown con- 10
                   siders appropriate, including (without limitation)
                   any iwi, hapū, marae, whānau, or other represen-
                   tative of tangata whenua; or
      (b) the responsibilities of a responsible Minister or a re-
            sponsible department; or                                  15
      (c) the legal rights of the trustees of Te Rūnanga o Ngāti
            Whare or a representative entity.

174   Enforceability of conservation accord and protocols
(1)   The Crown must comply with the conservation accord or a
      protocol while it is in force.                                     20
(2)   If the Crown fails, without good cause, to comply with the
      accord or a protocol, the trustees of Te Rūnanga o Ngāti Whare
      may, subject to the Crown Proceedings Act 1950, enforce the
      accord or protocol.
(3)   Despite subsection (2), damages or any form of monetary            25
      compensation are not available as a remedy for a failure by
      the Crown to comply with the accord or a protocol.
(4)   To avoid doubt,—
      (a) subsections (1) and (2) do not apply to guidelines
             developed for the implementation of the accord or a         30
             protocol; and
      (b) subsection (3) does not affect the ability of a court
             to award costs incurred by the trustees of Te Rūnanga o
             Ngāti Whare in enforcing the accord or a protocol under
             subsection (2).                                             35




                                                                  153
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 175              Claims Settlement Bill


175     Conservation accord
(1)     A summary of the terms of the conservation accord must be
        noted in the conservation documents affecting the conserva-
        tion accord area.
(2)     The noting of the conservation accord is—                         5
        (a) for the purpose of public notice only; and
        (b) not an amendment to the conservation documents for
               the purposes of section 171 of the Conservation Act
               1987 or section 46 of the National Parks Act 1980.
(3)     The conservation accord does not have the effect of creating, 10
        granting, or providing evidence of an estate or interest in, or
        rights relating to, land held, managed, or administered, or flora
        or fauna managed or administered, under the—
        (a) Conservation Act 1987; or
        (b) other statutes listed in Schedule 1 of that Act.              15

176     Fisheries protocol
(1)     A summary of the terms of the fisheries protocol must be noted
        in fisheries plans affecting the fisheries protocol area.
(2)     The noting of the fisheries protocol is—
        (a) for the purpose of public notice only; and                      20
        (b) not an amendment to the fisheries plans for the purposes
               of section 11A of the Fisheries Act 1996.
(3)     In this section, fisheries plan means a plan approved or
        amended under section 11A of the Fisheries Act 1996.
(4)     The fisheries protocol does not have the effect of granting,        25
        creating, or providing evidence of an estate or interest in, or
        rights relating to, assets or other property rights (including in
        respect of fish, aquatic life, and seaweed) held, managed, or
        administered under any of the following enactments:
        (a) the Fisheries Act 1996:                                         30
        (b) the Treaty of Waitangi (Fisheries Claims) Settlement
               Act 1992:
        (c) the Māori Commercial Aquaculture Claims Settlement
               Act 2004:
        (d) the Māori Fisheries Act 2004.                                   35




154
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 2 cl 180


177   Taonga tūturu protocol
      The taonga tūturu protocol does not have the effect of creating,
      granting, or providing evidence of—
      (a) an estate or interest in taonga tūturu; or
      (b) rights relating to taonga tūturu.                            5

178   Crown minerals protocol
(1)   A summary of the terms of the Crown minerals protocol must
      be noted—
      (a) in a register of protocols maintained by the chief execu-
              tive of the Ministry of Economic Development; and       10
      (b) in the minerals programmes affecting the Crown
              minerals protocol area when those programmes are
              replaced.
(2)   The noting of the Crown minerals protocol is—
      (a) for the purpose of public notice only; and                  15
      (b) not an amendment to the minerals programme for the
              purposes of the Crown Minerals Act 1991.
(3)   The Crown minerals protocol does not have the effect of cre-
      ating, granting, or providing evidence of an estate or interest
      in, or rights relating to, any Crown owned mineral.             20
(4)   In this section, minerals programme has the meaning given
      to it in section 2(1) of the Crown Minerals Act 1991.

                  Statutory acknowledgement
179   Statutory acknowledgement by the Crown
(1)   The Crown acknowledges the statements of association.          25
(2)   In this Part, statements of association means the state-
      ments—
      (a) made by Ngāti Whare of their particular cultural, spir-
            itual, historical, and traditional association with each
            statutory area; and                                      30
      (b) that are in the form set out in Part 3 of the Schedule of
            the deed of settlement at the settlement date.

180   Purposes of statutory acknowledgement
(1)   The only purposes of the statutory acknowledgements are to—


                                                                   155
                     Ngāti Manawa and Ngāti Whare
Part 2 cl 181             Claims Settlement Bill


        (a)   require relevant consent authorities, the Environment
              Court, and the Historic Places Trust to have regard to
              the statutory acknowledgement, as provided for in sec-
              tions 181 to 183; and
        (b) require relevant consent authorities to forward sum- 5
              maries of resource consent applications to the trustees
              of Te Rūnanga o Ngāti Whare, as provided for in
              section 185; and
        (c) enable the trustees of Te Rūnanga o Ngāti Whare and
              any member of Ngāti Whare to cite the statutory ac- 10
              knowledgement as evidence of the association of Ngāti
              Whare with the relevant statutory areas, as provided for
              in section 186.
(2)     This section does not limit sections 189 to 191.

181     Relevant consent authorities to have regard to statutory        15
        acknowledgement
(1)     On and from the effective date, a relevant consent authority
        must have regard to the statutory acknowledgement relating to
        a statutory area in deciding, under section 95E of the Resource
        Management Act 1991, if the trustees of Te Rūnanga o Ngāti 20
        Whare are affected persons in relation to an activity within,
        adjacent to, or directly affecting the statutory area for which
        an application for a resource consent has been made.
(2)     Subsection (1) does not limit the obligations of a relevant
        consent authority under the Resource Management Act 1991. 25

182     Environment Court to have regard to statutory
        acknowledgement
(1)     On and from the effective date, the Environment Court must
        have regard to the statutory acknowledgement relating to a
        statutory area in deciding, under section 274 of the Resource 30
        Management Act 1991, if the trustees of Te Rūnanga o Ngāti
        Whare are persons who have an interest in proceedings that
        is greater than the interest the general public has in respect
        of an application for a resource consent for activities within,
        adjacent to, or directly affecting the statutory area.          35
(2)     Subsection (1) does not limit the obligations of the Environ-
        ment Court under the Resource Management Act 1991.

156
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 2 cl 184


183   Historic Places Trust and Environment Court to have
      regard to statutory acknowledgement
(1)   This section applies if, on or after the effective date, an appli-
      cation is made under section 11 or 12 of the Historic Places
      Act 1993 for an authority to destroy, damage, or modify an 5
      archaeological site within a statutory area.
(2)   The Historic Places Trust must have regard to the statutory
      acknowledgement relating to a statutory area in exercising its
      powers under section 14 of the Historic Places Act 1993 in
      relation to the application referred to in subsection (1).         10
(3)   The Environment Court must have regard to the statutory
      acknowledgement relating to a statutory area in determining
      under section 20 of the Historic Places Act 1993 any appeal
      from a decision of the Historic Places Trust in relation to
      the application referred to in subsection (1), including in 15
      determining whether the trustees of Te Rūnanga o Ngāti
      Whare are persons directly affected by the decision.
(4)   In this section, archaeological site has the meaning given to
      it in section 2 of the Historic Places Act 1993.

184   Recording statutory acknowledgement on statutory plans               20
(1)   On and from the effective date, each relevant consent authority
      must attach information recording the statutory acknowledge-
      ment to all statutory plans that wholly or partly cover a statu-
      tory area.
(2)   The information attached to a statutory plan must include the        25
      relevant provisions of sections 180 to 183 in full, the de-
      scriptions of the statutory areas, and the statements of associ-
      ation.
(3)   The attachment of information to a statutory plan under this
      section is for the purpose of public information only, and the       30
      information is not—
      (a) part of the statutory plan, unless adopted by the relevant
             consent authority; or
      (b) subject to the provisions of Schedule 1 of the Resource
             Management Act 1991, unless adopted as part of the            35
             statutory plan.



                                                                    157
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 185              Claims Settlement Bill


185     Distribution of resource consent applications to trustees
        of Te Rūnanga o Ngāti Whare
(1)     Each relevant consent authority must, for a period of 20 years
        from the effective date, forward to the trustees of Te Rūnanga
        o Ngāti Whare, in the following form, a summary of resource         5
        consent applications received by that consent authority for ac-
        tivities within, adjacent to, or directly affecting a statutory
        area:
        (a) if the application is received by the consent authority, a
                summary of the application; or                              10
        (b) if notice of the application is served on the consent au-
                thority under section 145(10) of the Resource Manage-
                ment Act 1991, a copy of the notice.
(2)     The information provided under subsection (1) must be—
        (a) the same as would be given to an affected person by             15
                limited notification under section 95B of the Resource
                Management Act 1991 or as may be agreed between the
                trustees of Te Rūnanga o Ngāti Whare and the relevant
                consent authority; and
        (b) provided as soon as is reasonably practicable after the         20
                application is received and before the relevant consent
                authority decides, under section 95 of that Act, whether
                to notify the application.
(3)     The trustees of Te Rūnanga o Ngāti Whare may, by notice in
        writing to a relevant consent authority,—                           25
        (a) waive their rights to be notified under this section; and
        (b) state the scope of that waiver and the period it applies
                for.
(4)     A copy of a notice of an application must be provided under
        subsection (1)(b) no later than 10 business days after the day      30
        on which the consent authority receives the notice.
(5)     This section does not affect a relevant consent authority’s obli-
        gation to decide—
        (a) under section 95 of the Resource Management Act
                1991, whether to notify an application:                     35
        (b) under section 95E of that Act, if the trustees of Te Rū-
                nanga o Ngāti Whare are affected persons in relation to
                an activity.


158
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill             Part 2 cl 187


186   Use of statutory acknowledgement
(1)   The trustees of Te Rūnanga o Ngāti Whare and any members
      of Ngāti Whare may, as evidence of the association of Ngāti
      Whare with a statutory area, cite the statutory acknowledge-
      ment that relates to that area in submissions to, and in proceed-     5
      ings before, a relevant consent authority, the Environmental
      Protection Authority or a board of inquiry under Part 6AA of
      the Resource Management Act 1991, the Environment Court,
      or the Historic Places Trust concerning activities within, adja-
      cent to, or directly affecting the statutory area.                    10
(2)   The content of a statement of association is not, by virtue of
      the statutory acknowledgement, binding as fact on—
      (a) relevant consent authorities:
      (b) the Environmental Protection Authority or a board of
             inquiry under Part 6AA of the Resource Management              15
             Act 1991:
      (c) the Environment Court:
      (d) the Historic Places Trust:
      (e) parties to proceedings before those bodies:
      (f)    any other person who is entitled to participate in those       20
             proceedings.
(3)   Despite subsection (2), the statutory acknowledgement may
      be taken into account by the bodies and persons specified in
      that subsection.
(4)   To avoid doubt,—                                                      25
      (a) neither the trustees of Te Rūnanga o Ngāti Whare nor
             members of Ngāti Whare are precluded from stating
             that Ngāti Whare has an association with a statutory
             area that is not described in the statutory acknowledge-
             ment; and                                                      30
      (b) the content and existence of the statutory acknowledge-
             ment do not limit any statement made.

187   Meaning of river in statutory acknowledgements and
      deeds of recognition
      If a statutory acknowledgement or deed of recognition relates 35
      to a river, the river—
      (a) means—


                                                                     159
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 188              Claims Settlement Bill


                (i)   a continuously or intermittently flowing body of
                      fresh water, including a stream or a modified
                      watercourse; and
                (ii) the bed of the river; but
        (b)     does not include—                                         5
                (i)   in the case of a statutory acknowledgement, a part
                      of the bed of the river that is not owned by the
                      Crown; or
                (ii) in the case of a deed of recognition, a part of the
                      bed of the river that is not owned and managed 10
                      by the Crown; or
                (iii) land that the waters of the river do not cover at
                      its fullest flow without overlapping its banks; or
                (iv) an artificial watercourse; or
                (v) a tributary flowing into the river, unless the statu- 15
                      tory acknowledgement or deed of recognition
                      provides otherwise.

                         Deeds of recognition
188     Authorisation to enter into and amend deeds of
        recognition                                                        20
(1)     The Commissioner of Crown Lands must enter into a deed of
        recognition with the trustees of Te Rūnanga o Ngāti Whare in
        respect of the Whirinaki River and tributaries statutory area.
(2)     The Minister of Conservation and the Director-General must
        enter into a deed of recognition with the trustees of Te Rūnanga   25
        o Ngāti Whare in respect of the following statutory areas:
        (a) specified areas of Te Urewera National Park; and
        (b) Whirinaki River and tributaries.
(3)     The deeds referred to in subsections (1) and (2) may be
        amended by the parties entering into a deed to amend the ori-      30
        ginal deed.
(4)     In this section, deed of recognition means a deed—
        (a) entered into in accordance with clauses 5.37 to 5.44 of
               the deed of settlement; and
        (b) in the form set out in Part 5 of the Schedule of the deed      35
               of settlement.



160
                  Ngāti Manawa and Ngāti Whare
                       Claims Settlement Bill          Part 2 cl 192


                      General provisions
189   Exercise of powers and performance of duties and
      functions
(1)   Except as expressly provided in this Part,—
      (a) the statutory acknowledgement and the deed of recog- 5
            nition do not affect, and may not be taken into account
            by, a person exercising a power or performing a func-
            tion or duty under legislation or a bylaw; and
      (b) no person, in considering a matter or making a decision
            or recommendation under legislation or a bylaw, may 10
            give greater or lesser weight to the association of Ngāti
            Whare with a statutory area (as described in a statement
            of association) than that person would give under the
            relevant legislation or bylaw if no statutory acknow-
            ledgement or deed of recognition existed in respect of 15
            the statutory area.
(2)   Subsection (1)(b) does not affect the operation of subsec-
      tion (1)(a).


190   Rights not affected
      Except as expressly provided in this Part, the statutory ac- 20
      knowledgement and the deed of recognition do not affect the
      lawful rights or interests of any person who is not a party to
      the deed of settlement.

191   Limitations of rights
      Except as expressly provided in this Part, the statutory ac- 25
      knowledgement and the deed of recognition do not have the
      effect of granting, creating, or providing evidence of an estate
      or interest in, or rights relating to, a statutory area.

       Amendment to Resource Management Act 1991
192   Amendment to Resource Management Act 1991                 30
(1)   This section amends the Resource Management Act 1991.
(2)   Schedule 11 is amended by inserting the following item in
      its appropriate alphabetical order: “Ngāti Whare Claims
      Settlement Act 2010”.



                                                                161
                     Ngāti Manawa and Ngāti Whare
Part 2 cl 193             Claims Settlement Bill


                        Advisory committees
193     Fisheries advisory committee
(1)     The Minister of Fisheries must appoint from the settlement
        date the trustees of Te Rūnanga o Ngāti Whare as an advisory
        committee under section 21 of the Ministry of Agriculture and 5
        Fisheries (Restructuring) Act 1995.
(2)     The Minister must consider the advice of the committee on all
        matters concerning the utilisation, while ensuring the sustain-
        ability, of aquatic life, fish, and seaweed administered by the
        Ministry of Fisheries under the Fisheries Act 1996 within the 10
        fisheries protocol area.
(3)     In considering the advice, the Minister must recognise and
        provide for the customary non-commercial interests of Ngāti
        Whare in all matters concerning the utilisation, while ensuring
        the sustainability, of aquatic life, fish, and seaweed adminis- 15
        tered by the Ministry of Fisheries under the Fisheries Act 1996
        within the fisheries protocol area.

194     Fisheries (conservation) advisory committee
(1)     The Minister of Conservation must appoint the trustees of Te
        Rūnanga o Ngāti Whare as an advisory committee from the 20
        settlement date under section 56 of the Conservation Act 1987.
(2)     The Minister must consider the advice of the committee on all
        matters concerning the conservation and management by the
        Department of Conservation of freshwater species in the con-
        servation accord area to the extent that the species are under 25
        the department’s jurisdiction.

                         Geographic names
195     Interpretation
        In sections 196 to 199,—
        new official geographic name—                              30
        (a) means the name to which the existing official geo-
              graphic name is altered under section 196(1); and
        (b) includes any alteration to the new official geographic
              name under section 198.



162
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill            Part 2 cl 200


196   New official geographic name
(1)   The existing official geographic name specified in the first col-
      umn of the table set out in Part 6 of the Schedule of the deed of
      settlement (at the settlement date) is altered to the new official
      geographic name specified in the second column of that table. 5
(2)   The alteration made under subsection (1) is to be treated
      as having been made by the New Zealand Geographic Board
      in accordance with the New Zealand Geographic Board (Ngā
      Pou Taunaha o Aotearoa) Act 2008.

197   Publication of new official geographic name                    10
      The New Zealand Geographic Board must, as soon as practic-
      able after the settlement date, comply with section 21(2) and
      (3) of the New Zealand Geographic Board (Ngā Pou Taunaha
      o Aotearoa) Act 2008 (which relate to public notice) as if the
      alteration under section 196 of this Part were a determin- 15
      ation referred to in section 21(1) of that Act.

198   Alteration of new official geographic name
(1)   Despite the New Zealand Geographic Board (Ngā Pou Tau-
      naha o Aotearoa) Act 2008, the New Zealand Geographic
      Board may, with the consent of the trustees of Te Rūnanga o 20
      Ngāti Whare, alter any new official geographic name or its
      location.
(2)   Section 197 applies, with any necessary modifications, to an
      alteration made under subsection (1).

199   When new official geographic name takes effect              25
      Place names altered under section 196 or 198 take effect on
      the date the Gazette notice is published under section 197.

           Crown may provide other similar redress
200   Crown may provide other similar redress
(1)   The provision of the specified cultural redress does not prevent 30
      the Crown from doing anything that is consistent with that
      cultural redress, including—



                                                                   163
                     Ngāti Manawa and Ngāti Whare
Part 2 cl 201             Claims Settlement Bill


        (a)    providing the same or similar redress to a person other
               than Ngāti Whare or the trustees of Te Rūnanga o Ngāti
               Whare; or
        (b) disposing of land.
(2)     However, subsection (1) is not an acknowledgement by the 5
        Crown or Ngāti Whare that any other iwi or group has interests
        in relation to land or an area to which any of the specified
        cultural redress relates.
(3)     In this section, specified cultural redress means the conser-
        vation accord, the protocols, the statutory acknowledgements, 10
        and the deeds of recognition.

                        Vesting of properties

                    Sites that vest in fee simple

                         Regeneration land
201     Pareranui site                                                    15
(1)     The fee simple estate in the Pareranui site vests in the trustees
        of Te Rūnanga o Ngāti Whare.
(2)     Subsection (1) is subject to section 231(3).


202     Tauranga-o-Reti site
(1)     The fee simple estate in the Tauranga-o-Reti site vests in the 20
        trustees of Te Rūnanga o Ngāti Whare.
(2)     Subsection (1) is subject to section 231(3).


203     Te Teko site
(1)     The fee simple estate in the Te Teko site vests in the trustees
        of Te Rūnanga o Ngāti Whare.                                    25
(2)     Subsection (1) is subject to section 231(3).


204     Mangamate Kāinga site
(1)     The fee simple estate in the Mangamate Kāinga site vests in
        the trustees of Te Rūnanga o Ngāti Whare.
(2)     Subsection (1) is subject to section 231(3).                30


164
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill           Part 2 cl 210


205   Wekanui Kāinga
      The fee simple estate in Wekanui Kāinga vests in the trustees
      of Te Rūnanga o Ngāti Whare.

206   Otahi Kāinga
      The fee simple estate in Otahi Kāinga vests in the trustees of 5
      Te Rūnanga o Ngāti Whare.

207   Te Pukemohoao Kāinga
      The fee simple estate in Te Pukemohoao Kāinga vests in the
      trustees of Te Rūnanga o Ngāti Whare.

208   Matuatahi Pā                                                   10
      The fee simple estate in Matuatahi Pā vests in the trustees of
      Te Rūnanga o Ngāti Whare.

209   Balance of the Regeneration Land
(1)   The fee simple estate in the Balance of the Regeneration Land
      vests in the trustees of Te Rūnanga o Ngāti Whare.             15
(2)   Subsection (1) is subject to—
      (a) the trustees of Te Rūnanga o Ngāti Whare providing the
             Crown with a registrable right of way easement in gross
             in favour of the Minister of Conservation over the area
             marked “A” on SO 432338, in the form set out Part 10 20
             of the schedule of the deed of settlement; and
      (b) section 231(3).

210   Subsequent vesting of regeneration land
(1)   Immediately upon the fee simple estates in the regeneration
      land being vested in the trustees of Te Rūnanga o Ngāti Whare, 25
      the trustees of Te Rūnanga o Ngāti Whare will be deemed to
      have gifted the regeneration land to Te Pua o Whirinaki Re-
      generation Trust.
(2)   The fee simple estates in the regeneration land will vest in Te
      Pua o Whirinaki Regeneration Trust accordingly.                 30
(3)   Subject to subsection (4), Te Pua o Whirinaki Regeneration
      Trust is the manager of all the marginal strip areas extending


                                                                  165
                     Ngāti Manawa and Ngāti Whare
Part 2 cl 211             Claims Settlement Bill


        along and abutting the regeneration land as if appointed under
        section 24H of the Conservation Act 1987.
(4)     Subsection (3) does not apply to those marginal strip areas
        extending along and abutting areas of the regeneration land
        subject to the Crown forestry licence until the return date in 5
        respect of such areas, and until that time the rights and obliga-
        tions of the licensee of the Crown forestry licence under sec-
        tion 24H of the Conservation Act 1987 are preserved.

                           Wāhi tapu sites
211     Otutakahiao site                                           10
        The fee simple estate in the Otutakahiao site vests in the
        trustees of Te Rūnanga o Ngāti Whare.

212     Waimurupūhā site
(1)     The fee simple estate in the Waimurupūhā site vests in the
        trustees of Te Rūnanga o Ngāti Whare.                      15
(2)     Subsection (1) is subject to section 231(3).


213     Mangamate Falls site
(1)     The part of the Mangamate Falls site that is a marginal strip
        under the Conservation Act 1987 ceases to be a marginal strip.
(2)     The fee simple estate in the Mangamate Falls site vests in the 20
        trustees of Te Rūnanga o Ngāti Whare.
(3)     The Mangamate Falls site is declared a reserve and classified
        as a recreation reserve subject to section 17 of the Reserves
        Act 1977.
(4)     Despite section 16(10) of the Reserves Act 1977, the name of 25
        the reserve created under subsection (3) is Mangamate Falls
        Recreation Reserve.
(5)     Subsections (1) to (4) are subject to section 231(3).
(6)     Subsections (1) to (4) take effect on the later of the settle-
        ment date or the return date for the part of the Mangamate Falls 30
        site subject to the Crown forestry licence.




166
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 2 cl 215


214   Te Takanga-a-Wharepakau site
(1)   The parts of the Te Takanga-a-Wharepakau site that are
      marginal strips under the Conservation Act 1987 cease to be
      marginal strips.
(2)   The part of the Te Takanga-a-Wharepakau site that is a con-          5
      servation area ceases to be a conservation area under the Con-
      servation Act 1987.
(3)   The fee simple estate in the Te Takanga-a-Wharepakau site
      vests in the trustees of Te Rūnanga o Ngāti Whare.
(4)   Section 3 SO 432338 is declared a reserve and classified as an       10
      historic reserve subject to section 18 of the Reserves Act 1977.
(5)   Despite section 16(10) of the Reserves Act 1977, the name
      of the reserve created under subsection (4) is Te Takanga-a-
      Wharepakau Historic Reserve.
(6)   Section 6 SO 432338 is declared a reserve and classified as          15
      a recreation reserve subject to section 17 of the Reserves Act
      1977.
(7)   Despite section 16(10) of the Reserves Act 1977 the name of
      the reserve created under subsection (6) is Te Takanga-a-
      Wharepakau Recreation Reserve.                                       20
(8)   Subsections (1) and (3) as they relate to the part of the Te
      Takanga-a-Wharepakau site that is Section 3 SO 432338 and
      subsections (4) and (5) take effect on the date the licensee
      under the Crown forestry licence provides written notice to the
      Crown and the trustees of Te Rūnanga o Ngāti Whare stating           25
      that the licensee’s rights under section 24H(6) of the Conser-
      vation Act 1987—
      (a) no longer apply; or
      (b) are waived.

                       Jointly vested sites                                30
215   Hināmoki Pā site
      An undivided half share of the fee simple estate in the
      Hināmoki Pā site vests in the trustees of Te Rūnanga o Ngāti
      Whare as a tenant in common.




                                                                    167
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 216              Claims Settlement Bill


216     Okārea Pā site
(1)     The Okārea Pā site ceases to be part of the Oriuwaka eco-
        logical area.
(2)     The Okārea Pā site ceases to be a conservation area under the
        Conservation Act 1987.                                              5
(3)     An undivided half share of the fee simple estate in the Okārea
        Pā site vests in the trustees of Te Rūnanga o Ngāti Whare as a
        tenant in common.
(4)     Subsections (1) to (3) are subject to the trustees of Te Rū-
        nanga o Ngāti Whare and the trustees of Te Rūnanga o Ngāti 10
        Manawa providing the Crown with a registrable covenant in
        relation to the site in the form set out in Part 11 of the Schedule
        of the deed of settlement (the Okārea Pā site covenant).
(5)     The Okārea Pā site covenant is to be treated as a conservation
        covenant for the purposes of section 77 of the Reserves Act 15
        1977.

217     Te Rake Pā site
(1)     An undivided half share of the fee simple estate in the Te Rake
        Pā site vests in the trustees of Te Rūnanga o Ngāti Whare as a
        tenant in common.                                               20
(2)     Subsection (1) is subject to section 231(3).


218     Te Tāpiri Pā site
(1)     The Te Tāpiri Pā site ceases to be a conservation area under
        the Conservation Act 1987.
(2)     An undivided half share of the fee simple estate in the Te Tāpiri 25
        Pā site vests in the trustees of Te Rūnanga o Ngāti Whare as a
        tenant in common.
(3)     Subsections (1) and (2) are subject to the trustees of Te Rū-
        nanga o Ngāti Whare and the trustees of Te Rūnanga o Ngāti
        Manawa providing the Crown with a registrable covenant in 30
        relation to the site in the form set out in Part 11 of the Schedule
        of the deed of settlement (the Te Tāpiri Pā site covenant).
(4)     The Te Tāpiri Pā site covenant is to be treated as a conservation
        covenant for the purposes of—
        (a) section 77 of the Reserves Act 1977; and                        35
        (b) section 27 of the Conservation Act 1987.

168
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill              Part 2 cl 219


219   Māori reservation
(1)   The jointly vested sites are set apart as 1 Māori reservation as
      a wāhi tapu and place of cultural and historical interest as if the
      sites were set apart under section 338(1) of Te Ture Whenua
      Maori Act 1993.                                                        5
(2)   The Māori reservation is held on trust by the trustees of Te
      Rūnanga o Ngāti Whare and the trustees of Te Rūnanga o Ngāti
      Manawa for the benefit of Ngāti Manawa and Ngāti Whare.
(3)   The Māori reservation is held on the following terms as if the
      Māori Land Court had set out the terms of the trust under sec-         10
      tion 338(8) of Te Ture Whenua Maori Act 1993:
      (a) the jointly vested sites are inalienable; and
      (b) the conservation values of the Okārea Pā site must be
             maintained; and
      (c) the conservation covenant registered over the Okārea               15
             Pā site must not be varied without the consent of the
             Minister of Conservation; and
      (d) the conservation values of the Te Tāpiri Pā site must be
             maintained; and
      (e) public access to the Te Tāpiri Pā site must be main-               20
             tained; and
      (f)    the conservation covenant registered over the Te Tāpiri
             Pā site must not be varied without the consent of the
             Minister of Conservation; and
      (g) in relation to the Te Rake Pā site and until the return date       25
             in respect of that site, nothing in sections 219 and 220
             affects the rights and obligations of the licensee under
             the Crown forestry licence; and
      (h) any other terms relating to the governance and manage-
             ment of the Māori reservation that the trustees of Te Rū-       30
             nanga o Ngāti Whare and the trustees of Te Rūnanga o
             Ngāti Manawa agree on.
(4)   The Māori Land Court has jurisdiction under section 338(8)
      of Te Ture Whenua Maori Act 1993 to amend the terms of the
      trust of the Māori reservation on a joint application from the         35
      trustees of Te Rūnanga o Ngāti Whare and the trustees of Te
      Rūnanga o Ngāti Manawa, but must not amend or derogate
      from the terms in subsection (3).


                                                                      169
                     Ngāti Manawa and Ngāti Whare
Part 2 cl 220             Claims Settlement Bill


(5)     No other provision of Part 17 of Te Ture Whenua Maori Act
        1993 or regulations made under section 338(15) of the Te Ture
        Whenua Maori Act 1993 applies to the Māori reservation.

220   How various Acts affect jointly vested sites
(1)   In relation to the Local Government (Rating) Act 2002, the           5
      jointly vested sites are rateable only under section 9 of the Act.
(2) In relation to the Public Works Act 1981, the jointly vested
      sites may not be acquired or taken under the Act without the
      consent of the Minister of Conservation.
(3) In relation to the Resource Management Act 1991, section               10
      108(9) applies to the jointly vested sites as if the land were
      Māori land within the meaning of Te Ture Whenua Maori Act
      1993.
(4) In relation to Te Ture Whenua Maori Act 1993, sections
      18(1)(c) and (d), 19(1)(a), 20, 24, 26, 194, and 342 apply to        15
      the jointly vested sites as if the land were Māori freehold land.
(5) Section 51 of the Crown Minerals Act 1991 is amended by
      adding the following subsections:
“(7 ) No person may, for the purpose of carrying out a minimum
      impact activity, enter on any land without the consent of the        20
      trustees of Te Rūanga o Ngāti Whare and the trustees of Te Rū-
      nanga o Ngāti Manawa (as those terms are defined in section
      140 of the Ngāti Whare Claims Settlement Act 2010 and
      section 10 of the Ngāti Manawa Claims Settlement Act
      2010), if the land is registered in the names of Wharepakau          25
      and Tangiharuru as tenants in common.
“(8) Subsection (1)(b) applies in relation to land registered in the
      names of Wharepakau and Tangiharuru as tenants in common
      under section 234 of the Ngāti Whare Claims Settlement
      Act 2010 and section 88 of the Ngāti Manawa Claims                   30
      Settlement Act 2010 as if that land were Māori land and as
      if the trustees of Te Rūnanga o Ngāti Whare and the trustees
      of Te Rūnanga o Ngāti Manawa (as those terms are defined in
      section 140 of the Ngāti Whare Claims Settlement Act
      2010 and section 10 of the Ngāti Manawa Claims Settle-               35
      ment Act 2010) were jointly the local iwi authority of that
      land.”

170
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill             Part 2 cl 221


221   Title to jointly vested sites
(1)   For a jointly vested site, the Registrar-General must, in accord-
      ance with a written application by an authorised person,—
      (a) create a separate computer freehold register for the un-
             divided half share vested under whichever of sections          5
             215, 216, 217, and 218 applies; and
      (b) enter Wharepakau, not the trustees of Te Rūnanga o
             Ngāti Whare, on the register as the registered proprietor;
             and
      (c) enter on the register encumbrances that are registered,           10
             notified, or notifiable and described in the application;
             and
      (d) make a notation on the register that the land—
             (i)    is a Māori reservation created under section
                    219; and                                                15
             (ii) is subject to section 220.
(2)   Subsection (1) applies subject to the completion of any sur-
      vey necessary to create the computer freehold register.
(3)   Despite the jointly vested sites being registered in the name of
      Wharepakau—                                                           20
      (a) the trustees of Te Rūnanga o Ngāti Whare have all the
             duties, powers, and rights of a registered proprietor of
             the land as a tenant in common; and
      (b) the trustees of Te Rūnanga o Ngāti Whare perform the
             duties, and exercise the powers and rights, as a tenant        25
             in common in their own names and not in the name of
             Wharepakau; and
      (c) the Registrar-General must have regard to the matters
             in paragraphs (a) and (b).
(4)   A computer freehold register must be created under this sec-          30
      tion—
      (a) as soon as is reasonably practicable after the settlement
             date; and
      (b) no later than—
             (i)    24 months after the settlement date; or                 35
             (ii) a later date that may be agreed in writing by the
                    Crown and the trustees of Te Rūnanga o Ngāti
                    Whare.


                                                                     171
                       Ngāti Manawa and Ngāti Whare
Part 2 cl 222               Claims Settlement Bill


                General provisions relating to vesting of
                               properties
222     Properties vest subject to, or together with, encumbrances
        Each cultural redress property vests under this Part subject
        to, or together with, any encumbrances listed in relation to the 5
        property in Schedule 6.

223     Registration of ownership
(1)     This section applies to the fee simple estate in a cultural redress
        property (other than a jointly vested property) vested in the
        trustees of Te Rūnanga o Ngāti Whare under this Part.                 10
(2)     The Registrar-General must, on written application by an au-
        thorised person, comply with subsections (3) and (4).
(3)     To the extent that a cultural redress property (other than the
        regeneration land) is all of the land contained in a computer
        freehold register, the Registrar-General must—                        15
        (a) register the trustees of Te Rūnanga o Ngāti Whare as the
               proprietors of the fee simple estate in the land; and
        (b) make any entries in the register and do all other things
               that are necessary to give effect to this Part and to Part
               6 of the deed of settlement.                                   20
(4)     To the extent that a cultural redress property (other than the re-
        generation land) is not all of the land contained in a computer
        freehold register, or there is no computer freehold register for
        all or part of the property, the Registrar-General must, in ac-
        cordance with an application received from an authorised per-         25
        son,—
        (a) create 1 or more computer freehold registers for the fee
               simple estate in the property in the names of the trustees
               of Te Rūnanga o Ngāti Whare; and
        (b) enter on the register any encumbrances that are regis-            30
               trable, notified, or notifiable and that are described in
               the application.
(5)     For the regeneration land, the Registrar-General must, in ac-
        cordance with a written application by an authorised person,—
        (a) create a computer freehold register for the fee simple            35
               estate in the land in the names of the trustees of Te Rū-
               nanga o Ngāti Whare; and

172
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill                Part 2 cl 225


      (b)    enter on the register any encumbrances that are regis-
             trable, notified, or notifiable and that are described in
             the application; and
      (c) as soon as practicable, register Te Pua o Whirinaki Re-
             generation Trust as the proprietor of the fee simple es- 5
             tate in the land.
(6)   Subsections (4) and (5) apply subject to the completion of
      any survey necessary to create the computer freehold register.
(7)   A computer freehold register must be created under this sec-
      tion as soon as is reasonably practicable after the settlement 10
      date, but no later than—
      (a) 24 months after the settlement date; or
      (b) any later date that may be agreed in writing by the
             trustees of Te Rūnanga o Ngāti Whare and the Crown.

224   Application of Part 4A of Conservation Act 1987                         15
(1)   The vesting of the fee simple estate (or a share of the fee sim-
      ple estate) in a cultural redress property under this Part is a
      disposition for the purposes of Part 4A of the Conservation
      Act 1987, but sections 24(2A), 24A, and 24AA of that Act do
      not apply to the disposition.                                           20
(2)   Despite subsection (1), the rest of section 24 of the Conser-
      vation Act 1987 does not apply to the vesting of a reserve site
      under this Part.
(3)   If the reservation under this Part of a reserve site is revoked in
      relation to all or part of the site, then the vesting of the site is no 25
      longer exempt from the rest of section 24 of the Conservation
      Act 1987 in relation to all or that part of the site, as the case
      may be.

225   Recording application of Part 4A of Conservation Act
      1987 and sections of this Part                                  30
(1)   The Registrar-General must record on the computer freehold
      register for—
      (a) a reserve site—
             (i)   that the land is subject to Part 4A of the Conser-
                   vation Act 1987, but that section 24 of that Act 35
                   does not apply; and


                                                                        173
                       Ngāti Manawa and Ngāti Whare
Part 2 cl 226               Claims Settlement Bill


                (ii)   that the land is subject to sections 224(3) and
                       230 of this Part; and
        (b) any other cultural redress property that the land is sub-
                ject to Part 4A of the Conservation Act 1987.
(2)     A notification made under subsection (1) that land is subject       5
        to Part 4A of the Conservation Act 1987 is to be treated as
        having been made in compliance with section 24D(1) of that
        Act.
(3)     If the reservation under this Part of a reserve site is revoked
        in relation to—                                                     10
        (a) all of the site, then the Director-General must apply
                in writing to the Registrar-General to remove from the
                computer freehold register for the site the notifications
                that—
                (i)    section 24 of the Conservation Act 1987 does not     15
                       apply to the site; and
                (ii) the site is subject to sections 224(3) and 230
                       of this Part; or
        (b) part of the site, then the Registrar-General must ensure
                that the notifications referred to in paragraph (a) re-     20
                main on the computer freehold register only for the part
                of the site that remains a reserve.
(4)     The Registrar-General must comply with an application re-
        ceived in accordance with subsection (3)(a).

226     Application of other enactments                                  25
(1)     Section 11 and Part 10 of the Resource Management Act 1991
        do not apply to—
        (a) the vesting of the fee simple estate (or a share of the fee
               simple estate) in a cultural redress property under this
               Part; or                                                  30
        (b) any matter incidental to, or required for the purpose of,
               the vesting.
(2)     The vesting of the fee simple estate (or a share of the fee sim-
        ple estate) in a cultural redress property under this Part does
        not—                                                             35
        (a) limit section 10 or 11 of the Crown Minerals Act 1991;
               or
        (b) affect other rights to subsurface minerals.

174
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 2 cl 230


(3)   The permission of a council under section 348 of the Local
      Government Act 1974 is not required for laying out, forming,
      granting, or reserving a private road, private way, or right of
      way required to fulfil the terms of the deed of the settlement
      in relation to a cultural redress property.                     5

227   Provisions of other Acts that have same effect for jointly
      vested sites
      If a provision in this Part has the same effect for a jointly
      vested site as a provision in the Ngāti Manawa Claims
      Settlement Act 2010, the provisions must be given effect 10
      to only once as if they were 1 provision.

228   Non-cultural redress properties
      Sections 145, 146, 222, 223, 224(1), 225(1)(b) and (2),
      and 226 apply to the non-cultural redress properties as if each
      site were a cultural redress property.                               15

              Provisions relating to reserve sites
229   Application of Reserves Act 1977 to reserve sites
(1)   The trustees of Te Rūnanga o Ngāti Whare are the administer-
      ing body of a reserve site for the purposes of the Reserves Act
      1977.                                                             20
(2)   Despite sections 48A(6), 114(5), and 115(6) of the Reserves
      Act 1977, sections 48A, 114, and 115 of that Act apply to a
      reserve site.
(3)   Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977
      do not apply in relation to a reserve site.                       25
(4)   If the reservation under this Part of a reserve site is revoked
      under section 24 of the Reserves Act 1977 in relation to all or
      part of the site, section 25 of the Act, except subsection (2) of
      that provision, does not apply to the revocation.

230   Subsequent transfer of reserve land                                30
(1)   Subsections (2) to (7) apply to all, or the part, of a reserve
      site that, at any time after vesting in the trustees of Te Rūnanga
      o Ngāti Whare, remains a reserve under the Reserves Act 1977
      (the reserve land).

                                                                    175
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 230              Claims Settlement Bill


(2)     The fee simple estate in the reserve land may be transferred to
        any other person only in accordance with subsections (3) to
        (7), despite any other enactment or rule of law.
(3)     The Minister of Conservation must give written consent to the
        transfer of the fee simple estate in the reserve land to another    5
        person or persons (the new owners) if, on written application,
        the registered proprietors of the reserve land satisfy the Min-
        ister of Conservation that the new owners are able to—
        (a) comply with the requirements of the Reserves Act 1977;
               and                                                          10
        (b) perform the duties of an administering body under the
               Reserves Act 1977.
(4)     The Registrar-General must, upon receiving the documents
        specified in subsection (5), register the new owners as the
        proprietors of the fee simple estate in the reserve land.           15
(5)     The documents are—
        (a) a transfer instrument to transfer the fee simple estate in
               the reserve land to the new owners, including a notifi-
               cation that the new owners are to hold the reserve land
               for the same reserve purposes as it was held by the ad-      20
               ministering body immediately before the transfer; and
        (b) the written consent of the Minister of Conservation to
               the transfer of the reserve land; and
        (c) any other document required for the registration of the
               transfer instrument.                                         25
(6)     The new owners, from the time of registration under subsec-
        tion (4),—
        (a) are the administering body of the reserve land for the
               purposes of the Reserves Act 1977; and
        (b) hold the reserve land for the same reserve purposes as it       30
               was held by the administering body immediately before
               the transfer.
(7)     Despite subsections (1) and (2), subsections (3) to (6) do
        not apply to the transfer of the fee simple estate in the reserve
        land if—                                                            35
        (a) the transferors of the reserve land are or were trustees
               of a trust; and



176
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill             Part 2 cl 231


      (b)   the transferees are the trustees of the same trust, after
            any new trustee has been appointed to the trust or any
            transferor has ceased to be a trustee of the trust; and
      (c)   the instrument to transfer the reserve land is accompan-
            ied by a certificate given by the transferees, or the trans- 5
            ferees’ solicitor, verifying that paragraphs (a) and (b)
            apply.

                Provisions relating to forest sites
231   CNI forests sites
(1)   The CNI forests sites were vested in CNI Iwi Holdings Limited         10
      under the Central North Island Forests Land Collective Settle-
      ment Act 2008.
(2)   The vesting of the CNI forests sites under this Part is deemed
      to be a transfer from CNI Iwi Holdings Limited to the trustees
      of Te Rūnanga o Ngāti Whare under paragraph 10 of Schedule            15
      3 of the deed of trust, as defined in section 4 of the Central
      North Island Forests Land Collective Settlement Act 2008.
(3)   The vesting of the CNI forest sites under this Part is subject
      to the trustees of Te Rūnanga o Ngāti Whare, and in relation to
      the Te Rake Pā site the trustees of Te Rūnanga o Ngāti Whare          20
      and the trustees of Te Rūnanga o Ngāti Manawa, entering into
      a deed of covenant (or deeds of covenant as applicable), in the
      form set out in Part 9 of the Schedule to the deed of settlement,
      under which, in assuming the owner’s interest in those sites,
      they agree in favour of the other parties to the Kaingaroa For-       25
      est Road Network deed dated 3 June 2009 and the deed in rela-
      tion to reciprocal access over Bonisch Road and the Kaingaroa
      Forest Road Network dated 26 June 2009 (or any amended or
      replacement deeds) to be bound by the terms of those deeds,
      while those deeds each remain in force and to the extent ap-          30
      plicable to those sites.
(4)   Upon the vesting of the former Crown forest land in the
      trustees of Te Rūnanga o Ngāti Whare,—
      (a) section 10 of the Central North Island Forests Land Col-
              lective Settlement Act 2008 ceases to apply; and              35
      (b) the public right of way easement is extinguished.



                                                                     177
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 232              Claims Settlement Bill


232     Removal of easement from former Crown forest land
(1)     This section applies to the former Crown forest land.
(2)     The Registrar-General must, in accordance with a written ap-
        plication from an authorised person record, the extinguishment
        of the public right of way easement over the former Crown for-        5
        est land pursuant to section 231, on—
        (a) whichever relevant computer freehold register or regis-
               ters exist at the time the application is made for that area
               of land known as the Kaingaroa Whirinaki Block cur-
               rently contained in computer freehold register 507554;         10
               and
        (b) the relevant computer register for the public right of
               way easement.
(3)     The authorised person must make the written application to
        the Registrar-General under subsection (2)—                           15
        (a) as soon as practicable after the vesting of the former
               Crown forest land in the trustees of Te Rūnanga o Ngāti
               Whare under this Part; and
        (b) before any written application is made under section
               221 or 223.                                                    20

233     Removal of Crown forestry licence memorial
(1)     Subsection (2) applies if the registered proprietor of a CNI
        forests site makes a written application to the Registrar-Gen-
        eral—
        (a) confirming that all of the land contained in the computer 25
               freehold register or registers for the site was returned on
               the return date; and
        (b) containing a statement from the relevant licensee under
               the Crown forestry licence endorsing paragraph (a).
(2)     The Registrar-General must remove the Crown forestry li- 30
        cence memorial from the computer freehold register or regis-
        ters for the site.

                           Wharepakau title
234     Registration of land in name of Wharepakau
(1)     This section does not apply to the jointly vested sites.              35


178
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill               Part 2 cl 234


(2)   Despite anything in the Land Transfer Act 1952, or any other
      enactment or rule of law, the trustees of Te Rūnanga o Ngāti
      Whare may give the Registrar-General a written notice requir-
      ing that the fee simple estate in land that is registrable or regis-
      tered under the Land Transfer Act 1952 in the name of the               5
      trustees of Te Rūnanga o Ngāti Whare—
      (a) be registered in the name of Wharepakau, rather than in
             the name of the trustees of Te Rūnanga o Ngāti Whare;
             or
      (b) be no longer registered in the name of Wharepakau, and              10
             instead be registered in the name of the trustees of Te
             Rūnanga o Ngāti Whare.
(3)   In relation to the wāhi tapu sites,—
      (a) the trustees of Te Rūnanga o Ngāti Whare may include
             in a notice under subsection (2)(a) a direction that the         15
             land be protected land:
      (b) the trustees of Te Rūnanga o Ngāti Whare may give
             the Registrar-General a written notice that land that is
             protected land no longer be protected land.
(4)   If the Registrar-General receives a notice under subsection             20
      (2)(a), the Registrar-General must comply with it by—
      (a) registering the computer freehold register to the land in
             the name of Wharepakau; and
      (b) entering a notation on the computer freehold register to
             the land that the land is subject to this section; and           25
      (c) if the notice includes a direction that the land be pro-
             tected land, entering a notation on the computer free-
             hold register to the land that the land is protected land.
(5)   If the Registrar-General receives a notice under subsection
      (2)(b), the Registrar-General must comply with it by—                   30
      (a) registering the computer freehold register to the land in
             the name of the trustees of Te Rūnanga o Ngāti Whare;
             and
      (b) cancelling the notation entered under subsection
             (4)(b); and                                                      35
      (c) cancelling the notation entered under subsection
             (4)(c).




                                                                       179
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 235              Claims Settlement Bill


(6)     If the Registrar-General receives a notice under subsection
        (3)(b), the Registrar-General must give effect to it by can-
        celling the notation made under subsection (4)(c).
(7)     In the absence of evidence to the contrary, it is sufficient evi-
        dence that the notice has been properly given to the Regis-           5
        trar-General under subsection (2)(a) or (b) or (3)(a) or (b)
        if the notice—
        (a) is executed or purports to be executed by the trustees of
               Te Rūnanga o Ngāti Whare; and
        (b) in the case of a notice given under subsection (2),               10
               relates to the land registrable or registered in the name
               of the trustees of Te Rūnanga o Ngāti Whare; and
        (c) in the case of a notice given under subsection (3),
               relates to a wāhi tapu site.
(8)     If the fee simple estate in land is registered in the name of         15
        Wharepakau,—
        (a) the trustees of Te Rūnanga o Ngāti Whare have all the
               duties, powers, and rights of the registered proprietor of
               the land; and
        (b) the trustees of Te Rūnanga o Ngāti Whare must perform             20
               all the duties, and exercise the powers and rights, in their
               own name and not in the name of the Wharepakau; and
        (c) the Registrar-General shall have regard to paragraphs
               (a) and (b).
(9)     Despite this section, the rights and obligations of the licensee      25
        under the Crown Forestry Licence are preserved in respect of
        the Waimurupūhā site.

235     How various Acts affect protected land
(1)     This section applies to protected land for so long as it is regis-
        tered in the name of Wharepakau.                                   30
(2)     In relation to the Local Government (Rating) Act 2002, pro-
        tected land is rateable only under section 9 of the Act.
(3)     In relation to the Public Works Act 1981, protected land may
        not be acquired or taken under the Act without the consent of
        the Minister of Conservation.                                      35




180
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill            Part 2 cl 237


(4)   In relation to the Resource Management Act 1991, section
      108(9) applies to protected land as if it were Māori land within
      the meaning of Te Ture Whenua Maori Act 1993.
(5) In relation to Te Ture Whenua Maori Act 1993, sections
      18(1)(c) and (d), 19(1)(a), 20, 24, 26, 194, and 342 apply to        5
      protected land as if it were Māori freehold land.
(6) Section 51 of the Crown Minerals Act 1991 is amended by
      adding the following subsections:
“(9) No person may, for the purpose of carrying out a minimum
      impact activity enter on any land without the consent of the         10
      trustees of Te Runanga o Ngāti Whare (as defined in section
      140 of the Ngāti Whare Claims Settlement Act 2010), if
      the land is—
      “(a) registered in the name of Wharepakau as protected land
             under section 234 of that Act; and                            15
      “(b) regarded as wāhi tapu by the trustees.
“(10) Subsection (1)(b) applies in relation to land registered in the
      name of Wharepakau as protected land under section 234 of
      the Ngāti Whare Claims Settlement Act 2010 as if that
      land were Māori land and as if the trustees were the local iwi       20
      authority of that land.”

          Rangitaiki River Management Framework
236   Definitions for sections 237 to 263
      In sections 237 to 263,—
      catchment means the area shown on OTS-095–024              25
      Rangitaiki River means the Rangitaiki River and its catch-
      ment, including—
      (a) the Rangitaiki River; and
      (b) the Whirinaki River; and
      (c) the Wheao River; and                                   30
      (d) the Horomanga River.

237   Acknowledgements
      Crown acknowledges—
      (a) the historical and enduring relationship between Ngāti
           Whare and the Rangitaiki River; and                   35


                                                                    181
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 238              Claims Settlement Bill


        (b)     the importance of the health and wellbeing of the Ran-
                gitaiki River to Ngāti Whare; and
        (c)     the commitment of Ngāti Whare to—
                (i)    protecting and enhancing the health and wellbe-
                       ing of the Rangitaiki River; and                 5
                (ii) restoring and protecting its relationship with the
                       Rangitaiki River in accordance with Ngāti Whare
                       tikanga.

                       Rangitaiki River Forum
238     Establishment and purpose of Forum                                10
(1)     A statutory body called the Rangitaiki River Forum is estab-
        lished.
(2)     The purpose of the Forum is the protection and enhancement
        of the environmental, cultural, and spiritual health and well-
        being of the Rangitaiki River and its resources for the benefit   15
        of present and future generations.
(3)     Despite the composition of the Forum as described in subsec-
        tion (2), the Forum is a joint committee of the Bay of Plenty
        Regional Council and the Whakatane District Council within
        the meaning of clause 30(1)(b) of Schedule 7 of the Local Gov-    20
        ernment Act 2002.
(4)     Despite Schedule 7 of the Local Government Act 2002, the
        Forum—
        (a) is a permanent committee; and
        (b) must not be discharged unless all appointers agree to the     25
               Forum being discharged.
(5)     The members of the Forum must act in a manner so as to
        achieve the purpose of the Forum.

239     Functions of Forum
(1)     The principal function of the Forum is to achieve its purpose. 30
(2)     The other functions of the Forum are to—
        (a) prepare and approve the Rangitaiki River Document in
              accordance with section 251; and
        (b) promote the integrated and co-ordinated management
              of the Rangitaiki River; and                             35
        (c) engage with and provide advice to—

182
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 2 cl 242


            (i)    local authorities on statutory and non-statutory
                   processes that affect the Rangitaiki River, includ-
                   ing under the Resource Management Act 1991;
                   and
            (ii) Crown agencies that exercise functions in rela-           5
                   tion to the Rangitaiki River; and
      (d) monitor the extent to which the purpose of the Rangi-
            taiki River Forum is being achieved including the im-
            plementation and effectiveness of the Rangitaiki River
            Document; and                                                  10
      (e) gather information, disseminate information, and hold
            meetings; and
      (f)   take any other action that is related to achieving the
            purpose of the Forum.
(3)   To avoid doubt, except as provided for in subsection (2)(a),         15
      the Forum has discretion to determine in any particular cir-
      cumstances—
      (a) whether to exercise any function identified in subsec-
            tion (2); and
      (b) how, and to what extent, any function identified in sub-         20
            section (2) is exercised.


240   Capacity
      The Forum has full capacity to carry out its functions.

241   Procedures of Forum
      The provisions of the Local Government Act 2002, Local 25
      Government Official Information and Meetings Act 1987,
      and Local Government (Members’ Interests) Act 1968 apply
      to the Forum—
      (a) to the extent relevant to the purpose and functions of the
             Forum; and                                              30
      (b) except as otherwise provided for in sections 236 to
             249.


242   Members of Forum
(1)   As at the settlement date, the Forum consists of 8 members as
      follows (each organisation being an appointer):               35
      (a) 1 member appointed by Te Rūnanga o Ngāti Whare; and

                                                                    183
                     Ngāti Manawa and Ngāti Whare
Part 2 cl 243             Claims Settlement Bill


        (b)    1 member appointed by Te Rūnanga o Ngāti Manawa;
               and
        (c) 1 member appointed by Te Rūnanga o Ngāti Awa; and
        (d) 1 member appointed by Ngāti Tuwharetoa (Bay of
               Plenty) Settlement Trust; and                               5
        (e) 3 members appointed by the Bay of Plenty Regional
               Council (such members to be a current chairperson or
               councillor of that council); and
        (f)    1 member appointed by the Whakatane District Council
               (such member to be a current Mayor or councillor of         10
               that council).
(2)     In appointing members to the Forum, appointers—
        (a) must be satisfied that the person has the skills, know-
               ledge, or experience to—
               (i)     participate effectively in the Forum; and           15
               (ii) contribute to the achievement of the purpose of
                       the Forum; and
        (b) must have regard to any members already appointed
               to the Forum to ensure that the membership reflects a
               balanced mix of knowledge and experience in relation        20
               to the Rangitaiki River.
(3)     A member may be discharged by that member’s appointer.
(4)     A member appointed by an iwi may resign by giving written
        notice to that person’s appointer.
(5)     Where there is a vacancy on the Forum, the relevant appointer      25
        must fill that vacancy as soon as is reasonably practicable.
(6)     Clause 31(1) of Schedule 7 of the Local Government Act 2002
        applies only to the appointment and discharge of the members
        appointed by the local authorities.
(7)     Clauses 30(2), (3), (5), (7) and 31(2) to 31(6) of Schedule 7 of   30
        the Local Government Act 2002 do not apply to the Forum.
(8)     To avoid doubt, members of the Forum who are appointed by
        iwi are not, by virtue of that membership, members of a local
        authority.

243     Chair and deputy chair                                             35
(1)     The Forum must appoint a chair at its first meeting.


184
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill           Part 2 cl 245


(2)   The chair’s appointment is for a term of 3 years, unless the
      chair resigns or is removed by the Forum during that term.
(3)   The chair of the Forum may be reappointed or removed by the
      Forum.
(4)   The Forum may appoint a deputy chair, and if so, that appoint- 5
      ment is subject to the same conditions as set out in subsec-
      tions (1) to (3).
(5)   The Forum may appoint subcommittees that the Forum con-
      siders appropriate, and clause 30(4) of Schedule 7 of the Local
      Government Act 2002 applies except that a reference to a com- 10
      mittee in that clause is to be read as a reference to the Forum.
(6)   Clauses 26(3) and (4) of Schedule 7 of the Local Government
      Act 2002 do not apply to the Forum.

244   Standing orders
(1)   The Forum must at its first meeting adopt a set of standing 15
      orders for the operation of the Forum.
(2)   The standing orders of the Forum must not contravene this
      Act, the Local Government Act 2002, the Local Government
      Official Information and Meetings Act 1987, or any other Act.
(3)   A member of the Forum must comply with the standing orders 20
      of the Forum.
(4)   Clause 27 of Schedule 7 of the Local Government Act 2002
      does not apply to the Forum.

245   Meetings of Forum
(1)   Clauses 19, 20, and 22 of Schedule 7 of the Local Government 25
      Act 2002 apply to the Forum subject to—
      (a) all references to a local authority being references to the
            Forum; and
      (b) the reference in clause 19(5) to the chief executive being
            a reference to the Chair of the Forum.                    30
(2)   The quorum for a meeting of the Forum is—
      (a) 3 members appointed by the iwi appointers; and
      (b) 3 members appointed by the local authority appointers.
(3)   Clauses 23(3)(b) and 30(9)(b) of Schedule 7 of the Local Gov-
      ernment Act 2002 do not apply to the Forum.                     35


                                                                  185
                     Ngāti Manawa and Ngāti Whare
Part 2 cl 246             Claims Settlement Bill


246     Decision making
(1)     The decisions of the Forum must be made by vote at a meeting.
(2)     A decision of the Forum may only be made by a 75% majority
        of those members present at a meeting of the Forum.
(3)     The chair of the Forum may vote on any matter but does not 5
        have a casting vote.
(4)     Clause 24 of Schedule 7 of the Local Government Act 2002
        does not apply to the Forum.
(5)     The members of the Forum must approach decision making in
        a manner that—                                                  10
        (a) is consistent with, and reflects, the purpose of the
               Forum; and
        (b) acknowledges as appropriate the interests of iwi in par-
               ticular parts of the Rangitaiki River and its catchment.

247     Conflict of interest                                           15
        A member of the Forum is not precluded by the Local Author-
        ities (Members’ Interests) Act 1968 from discussing or voting
        on a matter—
        (a) merely because the member is a member of an iwi or a
               hapū; or                                                20
        (b) merely because the economic, social, cultural, and spir-
               itual values of any iwi or hapu and their relationships
               with the Forum are advanced by or reflected in—
               (i)    the subject matter under consideration; or
               (ii) any decision by or recommendation of the 25
                      Forum; or
               (iii) participation in the matter by the member.

248     Application of other statutory provisions
        Despite clause 19(2) of Schedule 7 of the Local Government
        Act 2002, the members of the Forum appointed by iwi—          30
        (a) have the right to attend any meeting of the Forum; but
        (b) do not have the right to attend meetings of the local
              authorities by reason merely of their membership of the
              Forum.




186
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 2 cl 251


249   Forum to be open and inclusive
      The Forum must operate in an open manner that is inclusive
      of those iwi with interests in the Rangitaiki River that are not
      represented on the Forum.

250   Administrative and technical support of Forum                     5
(1)   The Bay of Plenty Regional Council is responsible for the ad-
      ministrative support of the Forum.
(2)   The administrative support referred to in subsection (1) in-
      cludes the provision of those services required for the Forum
      to carry out its functions, including under the settlement legis- 10
      lation, the Local Government Act 2002, or any other Act that
      applies to the conduct of the Forum.
(3)   The Bay of Plenty Regional Council must provide technical
      support to the Forum from existing work programmes, and
      must endeavour to accommodate unbudgeted resource re- 15
      quests from the Forum where possible.

                   Rangitaiki River Document
251   Preparation and approval of the Rangitaiki River
      Document
(1)   The Forum must prepare and approve the Rangitaiki River 20
      Document in accordance with the process set out in sections
      255 to 258.
(2)   The Forum must—
      (a) commence the preparation of the Rangitaiki River
            Document no later than 2 months after the settlement 25
            date; and
      (b) approve the Rangitaiki River Document no later than 12
            months after the settlement date.
(3)   The Forum may decide to alter any of the timeframes set out
      in subsection (2).                                           30
(4)   In preparing the Rangitaiki River Document, the Forum
      must—
      (a) consider the interests in the area covered by the Rangi-
            taiki River Document; and



                                                                    187
                      Ngāti Manawa and Ngāti Whare
Part 2 cl 252              Claims Settlement Bill


        (b)    consider, and document the potential alternatives to, and
               the potential benefits and costs of, the matters provided
               for in the Rangitaiki River Document.
(5)     The obligation under subsection (4) applies only to the ex-
        tent that is relative to the nature and contents of the Rangitaiki 5
        River Document.

252     Contents of the Rangitaiki River Document
        The Rangitaiki River Document may contain—
        (a) a vision for the Rangitaiki River; and
        (b) objectives for the Rangitaiki River; and                      10
        (c) desired outcomes for the Rangitaiki River.

253     Effect on Resource Management Act 1991 planning
        documents
(1)     In preparing or changing the Bay of Plenty regional policy
        statement, the Bay of Plenty Regional Council must recognise      15
        and provide for any vision, objectives, and desired outcomes
        contained in the Rangitaiki River Document.
(2)     The Bay of Plenty Regional Council must comply with sub-
        section (1) each time that it prepares or changes the Bay of
        Plenty regional policy statement.                                 20
(3)     Until such time as the obligation under subsection (1) is
        complied with, where a local authority is preparing or chang-
        ing a regional plan or district plan, that authority must have
        particular regard to the Rangitaiki River Document.
(4)     The obligations under subsections (1) to (3) apply only to        25
        the extent that—
        (a) the vision, objectives, and desired outcomes contained
               in the Rangitaiki River Document relate to the resource
               management issues of the region or district; and
        (b) recognising and providing for the vision, objectives,         30
               and desired outcomes contained in the Rangitaiki River
               Document is consistent with the purpose of the Re-
               source Management Act 1991.
(5)     Subsection (6) applies where—




188
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill           Part 2 cl 254


      (a)    the Bay of Plenty Regional Council notifies a draft Bay
             of Plenty regional policy statement before the Rangi-
             taiki River Document is approved; and
      (b) the Forum approves the Rangitaiki River Document be-
             fore the Bay of Plenty regional policy statement is de-     5
             clared operative under clause 20 of Schedule 1 of the
             Resource Management Act 1991.
(6)   Where subsection (5) applies, the Bay of Plenty Regional
      Council must introduce a variation to the draft Bay of Plenty
      regional policy statement under clause 16A of Schedule 1 of        10
      the Resource Management Act 1991—
      (a) within 2 months after the approval of the Rangitaiki
             River Document by the Forum; and
      (b) for the purpose of recognising and providing for the
             Rangitaiki River Document as provided for in subsec-        15
             tion (1).
(7)   The obligation under subsection (6) applies only on the first
      occasion that the Bay of Plenty Regional Council notifies a
      draft Bay of Plenty Regional Policy Statement following the
      signing of the supplementary deed of settlement.                   20

254   Effect on conservation planning documents
(1)   In approving a conservation management strategy that is rele-
      vant to the Rangitaiki River, the New Zealand Conservation
      Authority must have particular regard to any vision, object-
      ives, and desired outcomes contained in the Rangitaiki River 25
      Document.
(2)   The New Zealand Conservation Authority must comply with
      subsection (1) each time that it approves a conservation man-
      agement strategy that is relevant to the Rangitaiki River.
(3)   Until such time as the obligation under subsection (1) is 30
      complied with, where a person is reviewing, preparing, or
      changing a relevant conservation management plan, that per-
      son must have particular regard to any vision, objectives, or
      desired outcomes contained in the Rangitaiki River Document.
(4)   The obligations under subsections (1) to (3) apply only to 35
      the extent that—



                                                                  189
                       Ngāti Manawa and Ngāti Whare
Part 2 cl 255               Claims Settlement Bill


        (a)      the vision, objectives, and desired outcomes contained
                 in the Rangitaiki River Document relate to the conser-
                 vation issues of the area; and
        (b)      having particular regard to the vision, objectives, and
                 desired outcomes contained in the Rangitaiki River 5
                 Document is consistent with the purpose of the Conser-
                 vation Act 1987.

                Process for preparation and approval of
                      Rangitaiki River Document
255     Preparation of draft River Document                            10
        The following process applies to the preparation of a draft of
        the River Document:
        (a) the Forum must meet to discuss and commence the
              preparation of the draft River Document; and
        (b) the Forum may consult and seek comment from appro- 15
              priate persons and organisations on the preparation of
              the draft River Document.

256     Notification and submissions on draft River Document
(1)     When the Forum has prepared the draft River Document, it—
        (a) must notify it by giving public notice; and                   20
        (b) may notify it by any other means that the Forum thinks
              appropriate; and
        (c) must ensure that the draft River Document is available
              for public inspection.
(2)     The public notice must—                                           25
        (a) state that the draft River Document is available for in-
              spection at the places and times specified in the notice;
              and
        (b) state that interested persons or organisations may lodge
              submissions on the draft River Document—                    30
              (i)    with the Forum; and
              (ii) at the place specified in the notice; and
              (iii) before the date specified in the notice; and
        (c) set a date for the lodging of submissions that is at least
              20 business days after the date of the publication of the   35
              notice.


190
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill             Part 2 cl 258


(3)   Any person or organisation may make a written or electronic
      submission on the draft River Document in the manner de-
      scribed in the public notice.

257   Approval of River Document
(1)   The Forum must consider submissions made under section               5
      256(3), to the extent that those submissions are consistent with
      the purpose of the River Document.
(2)   The Forum may then approve the River Document.
(3)   The Forum—
      (a) must notify the River Document by giving public no-              10
            tice; and
      (b) may notify the River Document by any other means that
            the Forum thinks appropriate.
(4)   The public notice must—
      (a) state where the River Document is available for public           15
            inspection; and
      (b) state when the River Document comes into force.
(5)   The River Document—
      (a) must be available for public inspection at the local of-
            fices of the relevant local authorities and appropriate        20
            agencies; and
      (b) comes into force on the date specified in the public no-
            tice.

258   Review of, and amendments to, River Document
(1)   The Forum may at any time review and, if necessary, amend 25
      the River Document or any component of the River Document.
(2)   The Forum must start a review of the River Document no later
      than 10 years after the later of—
      (a) the first time that the River Document is approved; or
      (b) the completion of the previous review of the River 30
             Document.
(3)   In undertaking a review under subsections (1) and (2) the
      Forum must apply section 255, modified as necessary, to the
      review.
(4)   If the Forum considers as a result of the review that the River 35
      Document should be amended in a material way, the amend-

                                                                    191
                     Ngāti Manawa and Ngāti Whare
Part 2 cl 259             Claims Settlement Bill


        ment must be prepared and approved in accordance with sec-
        tions 255 to 257.
(5)     If the Forum considers the River Document should be
        amended in a way that is not material, the amendment may be
        approved under section 257(2), and the Forum must comply 5
        with section 257(3) to (5).

                        Recognition of tuna
259     Recognition of the habitat of tuna
        All persons exercising functions and powers under the Re-
        source Management Act 1991 that affect the Rangitaiki River 10
        must have particular regard to the habitat of tuna (anguilla di-
        effenbachia and anguilla australis) in that river.

                  Joint management agreements
260     Duty to make joint management agreement
(1)     Where Ngāti Whare provide notice in writing to a local au- 15
        thority referred to in subsection (2) that a joint management
        agreement is to be entered into, such joint management agree-
        ment must be in force between that local authority and Ngāti
        no later than—
        (a) 18 months after the date of that notice; or                20
        (b) a later date that they agree on electronically or in writ-
               ing.
(2)     The reference to a local authority in subsection (1) is a ref-
        erence to—
        (a) the Bay of Plenty Regional Council; or                     25
        (b) the Whakatane District Council.

261     Scope of joint management agreements
        A joint management agreement referred to in section 260
        may, subject to the agreement of the local authority and Ngāti
        Whare, cover any functions of the local authority under the Re- 30
        source Management Act 1991 that affect the Rangitaiki River.




192
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill           Part 2 cl 263


262   Legal framework
(1)   Sections 36C and 36D of the Resource Management Act 1991
      apply to a joint management agreement entered into under
      section 260.
(2)   Sections 36B and 36E of the Resource Management Act 1991 5
      do not apply to a joint management agreement entered into
      under section 260.
(3)   Neither party has the right to terminate a joint management
      agreement without the agreement of the other party.

263   Horomanga Wash local purpose reserve                            10
      The joint management agreement with the Bay of Plenty Re-
      gional Council must include a section providing for the role of
      Ngāti Whare in the management by that Council under rele-
      vant statutory frameworks of the Horomanga Wash local pur-
      pose reserve (which is vested in the Bay of Plenty Regional 15
      Council and described by Gazette notice dated 8 April 2008).




                                                                  193
                       Ngāti Manawa and Ngāti Whare
Schedule 1                  Claims Settlement Bill


                              Schedule 1                            s 10

                            Statutory areas
Statutory area                           Location
Pukehinau (pā)                           As shown on OTS-076-021.
Te Kōhua (wāhi tapu and urupā)           As shown on OTS-076-022.
Tāwhiuau                                 As shown on OTS-076-023.
Moerangi                                 As shown on OTS-076-030.
Tawhaitari                               As shown on OTS-076-031.
Otairi                                   As shown on OTS-076-032.
Rangitaiki River within the Ngāti Man-   As shown on OTS-076-025.
awa Area of Interest
Whirinaki River within the Ngāti Man-    As shown on OTS-076-026.
awa Area of Interest
Horomanga River within the Ngāti         As shown on OTS-076-027.
Manawa Area of Interest
Wheao River within the Ngāti Manawa      As shown on OTS-076-028.
Area of Interest




194
                      Ngāti Manawa and Ngāti Whare
                           Claims Settlement Bill              Schedule 2


                             Schedule 2                         s 5(6)(b)

                           Pou rāhui sites
Pōu rahui site                       Location
Mangakahika/Mangahika                Shown as 1 on OTS - 076 - 024.
Maungataniwha                        Shown as 2 on OTS - 076 - 024.
Ngapuketurua                         Shown as 3 on OTS - 076 - 024.
Okooromatakitoi                      Shown as 4 on OTS - 076 - 024.
Puharaunui                           Shown as 5 on OTS - 076 - 024.
Raepohatu                            Shown as 6 on OTS - 076 – 024.
Tarapounamu                          Shown as 7 on OTS - 076 – 024.
Te Arawhata o te Paringa             Shown as 8 on OTS - 076 - 024.
Te Arawhataotenohoomoke              Shown as 9 on OTS - 076 - 024.
Te Maire                             Shown as 10 on OTS - 076 - 024.
Te Peaupeau                          Shown as 11 on OTS - 076 – 024.
Te Upoko o Po                        Shown as 12 on OTS - 076 - 024.
Waione                               Shown as 13 on OTS - 076 - 024.
Waipunga                             Shown as 14 on OTS - 076 - 024.
Wairapukao                           Shown as 15 on OTS - 076 - 024.
Waitehouhi                           Shown as 16 on OTS - 076 - 024.
Whangonui                            Shown as 17 on OTS - 076 - 024.
Te Huruhuru                          Shown as 18 on OTS - 076 - 024.
Tieke                                Shown as 19 on OTS - 076 - 024.
Matatu                               Shown as 20 on OTS - 076 - 024.
Motuparapa                           Shown as 21 on OTS - 076 - 024.
Te Anaruru                           Shown as 22 on OTS - 076 - 024.
Te Taru a Tu                         Shown as 23 on OTS - 076 - 024.
Kakanui                              Shown as 24 on OTS - 076 - 024.
Pukerimu                             Shown as 25 on OTS - 076 - 024.
Te Taua a Rae                        Shown as 26 on OTS - 076 - 024.
Otamatea                             Shown as 27 on OTS - 076 - 024.




                                                                       195
                      Ngāti Manawa and Ngāti Whare
Schedule 3                 Claims Settlement Bill


                          Schedule 3                                      s 89

               Cultural and non-cultural redress
                          properties
                                 Part 1
                     Cultural redress properties                                   5
                     Sites that vest in fee simple
Name of site              Description                 Encumbrances
Ōruatewehi Pā site        South Auckland Land         Subject to the Crown
                          District - Whakatane Dis-   forestry           licence
                          trict                       (B349022.1)           held
                          167.9347 hectares, more     in computer interest
                          or less, being Section 1    register     SA60D/550
                          SO 431659. Part com-        (varied by B475395.7,
                          puter freehold register     B475395.8, B475395.10
                          507550.                     and B558475.47).
                                                      Subject to the protect-
                                                      ive covenant certificate
                                                      (B349022.2) held in
                                                      computer interest register
                                                      SA60D/551.
                                                      Subject to the right
                                                      of way marked B on
                                                      DP 410096 created by
                                                      easement      instrument
                                                      8208932.1 and held in
                                                      computer interest register
                                                      484581.
                                                      Subject to the right of
                                                      way marked D on DP
                                                      392102, and B and C
                                                      on SO 378328 created
                                                      by easement instrument
                                                      8212199.1 and held in
                                                      computer interest register
                                                      482467.
                                                      Subject to the right of
                                                      way marked D on DP
                                                      392102 and B and C on
                                                      SO 378328 [to be cre-
                                                      ated].




196
                Ngāti Manawa and Ngāti Whare
                     Claims Settlement Bill                    Schedule 3


Name of site       Description                 Encumbrances
                                               Subject to section 10 of
                                               the Central North Island
                                               Forests Land Collective
                                               Settlement Act 2008.
                                               Subject to the right of
                                               way in gross in favour of
                                               Her Majesty the Queen
                                               created by easement in-
                                               strument 8276169.1 and
                                               held in computer interest
                                               register 501615.
                                               Together with the right of
                                               way created by easement
                                               instrument       8212199.1
                                               and held in computer in-
                                               terest register 482467.
                                               Together with the right of
                                               way created by easement
                                               instrument 8241609.1.
                                               Together with the right
                                               of way to be created-
                                               Bonisch Road.
Kiorenui site      South Auckland Land         Subject to the Crown
                   District - Whakatane Dis-   forestry            licence
                   trict                       (B239829.1)            held
                   237.9971 hectares, more     in     computer       inter-
                   or less, being Sections 1   est     register    132203
                   and 2 SO 431945. Part       (varied by B371196.64,
                   computer freehold regis-    B371196.65,
                   ter 507533 and part com-    B371196.67              and
                   puter freehold register     B558475.49).
                   512595.                     Subject to the Crown
                                               forestry licence held
                                               in computer interest
                                               register       SA55B/450
                                               (varied by B371196.36,
                                               B371196.37,
                                               B371196.39              and
                                               B558475.17).
                                               Subject to the protect-
                                               ive covenant certificate
                                               B239829.2.




                                                                       197
               Ngāti Manawa and Ngāti Whare
Schedule 3          Claims Settlement Bill


Name of site      Description            Encumbrances
                                         Subject to the protect-
                                         ive covenant certificate
                                         (B239833.2) held in
                                         computer interest register
                                         SA55B/451.
                                         Subject to the pub-
                                         lic access easement
                                         marked E on DPS 64349.
                                         B239829.3.
                                         Subject to the public ac-
                                         cess easement marked B
                                         on DPS 47427 held in
                                         computer interest register
                                         SA55B/452.
                                         Subject to section 10 of
                                         the Central North Island
                                         Forests Land Collective
                                         Settlement Act 2008.
                                         Subject to the right of
                                         way in gross in favour of
                                         Her Majesty the Queen
                                         created by easement in-
                                         strument 8276134.1 and
                                         held in computer interest
                                         register 501393.
                                         Subject to the right of
                                         way in gross in favour of
                                         Her Majesty the Queen
                                         created by easement in-
                                         strument 8276194.1 and
                                         held in computer interest
                                         register 504552.
                                         Together with the right of
                                         way created by easement
                                         instrument      8212199.1
                                         and held in computer in-
                                         terest register 482467.
                                         Together with the right
                                         of way marked C, D and
                                         G on DPS 49267 created
                                         by easement instrument
                                         8241609.1.
                                         Together with the right of
                                         way over D and E DPS
                                         64349 which may be cre-
                                         ated under CNI.




198
                      Ngāti Manawa and Ngāti Whare
                           Claims Settlement Bill                     Schedule 3


Name of site              Description                  Encumbrances
Kakarāhonui Kāinga site   South Auckland Land
                          District - Whakatane Dis-
                          trict
                          1.9999 hectares, more
                          or less, being Section 1
                          SO 432443. Part com-
                          puter freehold register
                          SA86/152.
Kāramuramu                South Auckland Land
                          District - Whakatane Dis-
                          trict
                          6.9839 hectares, more or
                          less, being Sections 4 and
                          5 SO 431616.
                          CNI forests site             CNI forests site
                          38.6050 hectares, more       Subject to the Crown
                          or less, being Section 1     forestry           licence
                          SO 431616. Part com-         (B349022.1)           held
                          puter freehold register      in computer interest
                          5O7550.                      register     SA60D/550
                                                       (varied by B475395.7,
                                                       B475395.8, B475395.10
                                                       and B558475.47).
                                                       Subject to the protect-
                                                       ive covenant certificate
                                                       (B349022.2) held in
                                                       computer interest register
                                                       SA60D/551.
                                                       Subject to the right
                                                       of way marked A on
                                                       DPS 65988 created by
                                                       easement       instrument
                                                       8208929.1 and held in
                                                       computer interest register
                                                       483997.
                                                       Subject to section 10 of
                                                       the Central North Island
                                                       Forests Land Collective
                                                       Settlement Act 2008.
                                                       Subject to the right of
                                                       way in gross in favour of
                                                       Her Majesty the Queen
                                                       created by easement in-
                                                       strument 8276169.1 and
                                                       held in computer interest
                                                       register 501615.




                                                                             199
               Ngāti Manawa and Ngāti Whare
Schedule 3          Claims Settlement Bill


Name of site      Description                 Encumbrances
                                              Together with the right of
                                              way created by easement
                                              instrument      8212199.1
                                              and held in computer in-
                                              terest register 482467.
                                              Together with the right of
                                              way easement marked C,
                                              D and G on DPS 49267
                                              created by easement in-
                                              strument 8241609.1.
                                              Together with the right
                                              of way easement to be
                                              created- Bonisch Road.
                  Galatea      Stewardship    Galatea       Stewardship
                  Area                        Area
                  72.2663 hectares, more      Subject to the Kara-
                  or less, being Sections 2   muramu        conservation
                  and 6 SO 431616. (Part      covenant referred to
                  GN S385769).                in section 67(5)(b)(i)
                  4.9999 hectares, more       (affects Section 7 SO
                  or less, being Section 7    431616).
                  SO 431616. (Part GN         Subject to the right of
                  S385769).                   way easement in gross
                                              referred to in section
                                              67(5)(b)(ii) (affects Sec-
                                              tion 2 SO 431616).
                                              Subject to an unregis-
                                              tered grazing permit con-
                                              cession to Steven Phillip
                                              Klein and Joanne Lee
                                              Klein. Concession BP
                                              14835 – GRA dated De-
                                              cember 2004.
                  Fort Galatea Historic       Fort Galatea Historic
                  Reserve Area                Reserve Area
                  8.0655 hectares, more or    To be administered as an
                  less, being Section 3 SO    historic reserve subject
                  431616. (Part Gazette       to section 18 of the Re-
                  1981 page 273 and Part      serves Act 1977 (affects
                  Gazette 1988 page 2322).    Section 3 SO 431616).




200
                Ngāti Manawa and Ngāti Whare
                     Claims Settlement Bill                   Schedule 3


Name of site       Description                 Encumbrances
Motumako site      South Auckland Land         Subject to the Crown
                   District - Whakatane Dis-   forestry            licence
                   trict                       (B349022.1)            held
                   201.9991 hectares, more     in computer interest
                   or less, being Section 2    register       SA60D/550
                   SO 431659. Part com-        (varied by B475395.7,
                   puter freehold register     B475395.8, B475395.10
                   507550.                     and B558475.47).
                                               Subject to the protect-
                                               ive covenant certificate
                                               (B349022.2) held in
                                               computer interest register
                                               SA60D/551.
                                               Subject to the right
                                               of way marked A on
                                               DP 410096 created by
                                               easement        instrument
                                               8208932.1 and held in
                                               computer interest register
                                               484581.
                                               Subject to section 10 of
                                               the Central North Island
                                               Forests Land Collective
                                               Settlement Act 2008.
                                               Subject to the right of
                                               way in gross in favour of
                                               Her Majesty the Queen
                                               created by easement in-
                                               strument 8276169.1 and
                                               held in computer interest
                                               register 501615.
                                               Together with the right of
                                               way created by easement
                                               instrument      8212199.1
                                               and held in computer in-
                                               terest register 482467.
                                               Together with the right of
                                               way created by easement
                                               instrument 8241609.1.
                                               Together with the right
                                               of way to be created-
                                               Bonisch Road.




                                                                      201
                     Ngāti Manawa and Ngāti Whare
Schedule 3                Claims Settlement Bill


Name of site              Description                 Encumbrances
Te Ana a Maru Rock Art    South Auckland Land         Subject to the Crown
site                      District - Whakatane Dis-   forestry            licence
                          trict                       (B239829.1)            held
                          19.9998 hectares, more      in     computer       inter-
                          or less, being Section 1    est     register   132203
                          SO 433212. Part com-        (varied by B371196.64,
                          puter freehold register     B371196.65,
                          512595.                     B371196.67              and
                                                      B558475.49).
                                                      Subject to the protect-
                                                      ive covenant certificate
                                                      B239829.2.
                                                      Subject to section 10 of
                                                      the Central North Island
                                                      Forests Land Collective
                                                      Settlement Act 2008.
                                                      Subject to the right of
                                                      way in gross in favour of
                                                      Her Majesty the Queen
                                                      created by easement in-
                                                      strument 8276194.1 and
                                                      held in computer interest
                                                      register 504552.
                                                      Together with the right of
                                                      way created by easement
                                                      instrument       8212199.1
                                                      and held in computer in-
                                                      terest register 482467.
                                                      Together with the right of
                                                      way created by easement
                                                      instrument 8241609.1.
Tututarata   Papakainga   South Auckland Land         Subject to the Crown
site                      District - Whakatane Dis-   forestry            licence
                          trict                       (B263238.2)            held
                          4.9999 hectares, more       in computer interest
                          or less, being Section 1    register         SA57A/60
                          432635. Part computer       (varied by B371196.52,
                          freehold register 507554.   B371196.53,
                                                      B371196.55              and
                                                      B558475.41).




202
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill                   Schedule 3


Name of site          Description                Encumbrances
                                                 Subject to the protect-
                                                 ive covenant certificate
                                                 (B263238.3) held in
                                                 computer interest register
                                                 SA57A/61.
                                                 Subject to section 10 of
                                                 the Central North Island
                                                 Forests Land Collective
                                                 Settlement Act 2008.
                                                 Subject to the right of
                                                 way [to be created under
                                                 CNI].
                                                 Together with the right of
                                                 way created by easement
                                                 instrument       8212199.1
                                                 and held in computer in-
                                                 terest register 482467.
                                                 Together with the right of
                                                 way created by easement
                                                 instrument 8241609.1.
Pekepeke Pā site      South Auckland Land        Subject to the Crown
                      District: Whakatane Dis-   forestry            licence
                      trict                      (B239829.1)            held
                      4.9972 hectares, more or   in     computer       inter-
                      less, being Section 3 SO   est     register   132203
                      431945. Part computer      (varied by B371196.64,
                      freehold register 507533   B371196.65,
                      and part computer free-    B371196.67              and
                      hold register 512595.      B558475.49).
                                                 Subject to the Crown
                                                 Forestry           Licence
                                                 (B239833.2)            held
                                                 in computer interest
                                                 register       SA55B/450
                                                 (varied by B371196.36,
                                                 B371196.37,
                                                 B371196.39              and
                                                 B558475.17).
                                                 Subject to the protect-
                                                 ive covenant certificate
                                                 B239829.2.




                                                                         203
               Ngāti Manawa and Ngāti Whare
Schedule 3          Claims Settlement Bill


Name of site      Description            Encumbrances
                                         Subject to the protect-
                                         ive covenant certificate
                                         (B239833.2) held in
                                         computer interest register
                                         SA55B/451.
                                         Subject to section 10 of
                                         the Central North Island
                                         Forests Land Collective
                                         Settlement Act 2008.
                                         Subject to the right of
                                         way in gross in favour of
                                         Her Majesty the Queen
                                         created by easement in-
                                         strument 8276194.1 and
                                         held in computer interest
                                         register 504552.
                                         Subject to the right of
                                         way in gross in favour of
                                         Her Majesty the Queen
                                         created by easement in-
                                         strument 8276134.1 and
                                         held in computer interest
                                         register 501393.
                                         Together with the right of
                                         way created by easement
                                         instrument      8212199.1
                                         and held in computer in-
                                         terest register 482467.
                                         Together with the right of
                                         way created by easement
                                         instrument 8241609.1.
                                         Together with right of
                                         way easement over D and
                                         E DPS 64349 which may
                                         be created under CNI.




204
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill                   Schedule 3


Name of site          Description                 Encumbrances
Puketapu Pā site      South Auckland Land         Subject to the Crown
                      District - Whakatane Dis-   forestry           licence
                      trict                       (B349022.1)           held
                      4.9996 hectares, more or    in computer interest
                      less, being Section 3 SO    register       SA60D/550
                      431659. Part computer       (varied by B475395.7,
                      freehold register 507550.   B475395.8, B475395.10
                                                  and B558475.47).
                                                  Subject to the protect-
                                                  ive covenant certificate
                                                  (B349022.2) held in
                                                  computer interest register
                                                  SA60D/551.
                                                  Subject to section 10 of
                                                  the Central North Island
                                                  Forests Land Collective
                                                  Settlement Act 2008.
                                                  Subject to the right of
                                                  way in gross in favour of
                                                  Her Majesty the Queen
                                                  created by easement in-
                                                  strument 8276169.1 and
                                                  held in computer interest
                                                  register 501615.
                                                  Together with the right of
                                                  way created by easement
                                                  instrument      8212199.1
                                                  and held in computer in-
                                                  terest register 482467.
                                                  Together with the right of
                                                  way created by easement
                                                  instrument 8241609.1.
                                                  Together with the right
                                                  of way to be created-
                                                  Bonisch Road.




                                                                        205
                    Ngāti Manawa and Ngāti Whare
Schedule 3               Claims Settlement Bill


Name of site           Description                 Encumbrances
Pukemoremore site      South Auckland Land         Subject to the Crown
                       District - Rotorua Dis-     forestry licence held
                       trict                       in computer interest
                       4.9999 hectares, more or    register       SA52D/450
                       less, being Section 1 SO    (varied by B371196.16,
                       433291. Part computer       B371196.17,
                       freehold register 507547.   B371196.19            and
                                                   B558475.33).
                                                   Subject to the protect-
                                                   ive covenant certificate
                                                   held in computer interest
                                                   register SA52D/451.
                                                   Subject to section 10 of
                                                   the Central North Island
                                                   Forests Land Collective
                                                   Settlement Act 2008.
                                                   Subject to the right of
                                                   way in gross in favour of
                                                   Her Majesty the Queen
                                                   created by easement in-
                                                   strument 8276174.1 and
                                                   held in computer interest
                                                   register 503252.
                                                   Together with the right of
                                                   way created by easement
                                                   instrument      8212199.1
                                                   and held in computer in-
                                                   terest register 482467.
                                                   Together with the right of
                                                   way created by easement
                                                   instrument 8241609.1.




206
                  Ngāti Manawa and Ngāti Whare
                       Claims Settlement Bill                    Schedule 3


Name of site          Description                 Encumbrances
Ngātamawahine   No-   South Auckland Land         Subject to the Crown
hoanga site           District - Whakatane Dis-   forestry           licence
                      trict                       (B349022.1)           held
                      1.9992 hectares, more or    in computer interest
                      less, being Section 4 SO    register       SA60D/550
                      431659. Part computer       (varied by B475395.7,
                      freehold register 507550.   B475395.8, B475395.10
                                                  and B558475.47).
                                                  Subject to the protect-
                                                  ive covenant certificate
                                                  (B349022.2) held in
                                                  computer interest register
                                                  SA60D/551.
                                                  Subject to section 10 of
                                                  the Central North Island
                                                  Forests Land Collective
                                                  Settlement Act 2008.
                                                  Subject to the right of
                                                  way in gross in favour of
                                                  Her Majesty the Queen
                                                  created by easement in-
                                                  strument 8276169.1 and
                                                  held in computer interest
                                                  register 501615.
                                                  Together with the right of
                                                  way created by easement
                                                  instrument      8212199.1
                                                  and held in computer in-
                                                  terest register 482467.
                                                  Together with the right of
                                                  way created by easement
                                                  instrument 8241609.1.
                                                  Together with the right
                                                  of way easement to be
                                                  created -Bonisch Road.




                                                                        207
                        Ngāti Manawa and Ngāti Whare
Schedule 3                   Claims Settlement Bill


Name of site               Description                 Encumbrances
Kaiwhatiwhati Pā site      South Auckland Land         Subject to the Crown
                           District - Whakatane Dis-   forestry           licence
                           trict                       (B349022.1)           held
                           4.9777 hectares, more or    in computer interest
                           less, being Section 5 SO    register       SA60D/550
                           431659. Part computer       (varied by B475395.7,
                           freehold register 507550.   B475395.8, B475395.10
                                                       and B558475.47).
                                                       Subject to the protect-
                                                       ive covenant certificate
                                                       (B349022.2) held in
                                                       computer interest register
                                                       SA60D/551.
                                                       Subject to section 10 of
                                                       the Central North Island
                                                       Forests Land Collective
                                                       Settlement Act 2008.
                                                       Subject to the right of
                                                       way in gross in favour of
                                                       Her Majesty the Queen
                                                       created by easement in-
                                                       strument 8276169.1 and
                                                       held in computer interest
                                                       register 501615.
                                                       Together with the right of
                                                       way created by easement
                                                       instrument      8212199.1
                                                       and held in computer in-
                                                       terest register 482467.
                                                       Together with the right of
                                                       way created by easement
                                                       instrument 8241609.1.
                                                       Together with the right
                                                       of way easement to be
                                                       created- Bonisch Road.




208
                  Ngāti Manawa and Ngāti Whare
                       Claims Settlement Bill                   Schedule 3


Name of site         Description                 Encumbrances
Ahiweka Pā site      South Auckland Land         Subject to the Crown
                     District - Whakatane Dis-   forestry licence held
                     trict                       in computer interest
                     4.9999 hectares, more or    register       SA52D/450
                     less, being Section 2 SO    (varied by B371196.16,
                     433291. Part computer       B371196.17,
                     freehold register 507547.   B371196.19            and
                                                 B558475.33).
                                                 Subject to the protect-
                                                 ive covenant certificate
                                                 held in computer interest
                                                 register SA52D/451.
                                                 Subject to section 10 of
                                                 the Central North Island
                                                 Forests Land Collective
                                                 Settlement Act 2008.
                                                 Subject to the right of
                                                 way in gross in favour of
                                                 Her Majesty the Queen
                                                 created by easement in-
                                                 strument 8276174.1 and
                                                 held in computer interest
                                                 register 503252.
                                                 Together with the right of
                                                 way created by easement
                                                 instrument      8212199.1
                                                 and held in computer in-
                                                 terest register 482467.
                                                 Together with the right of
                                                 way created by easement
                                                 instrument 8241609.1.




                                                                       209
                      Ngāti Manawa and Ngāti Whare
Schedule 3                 Claims Settlement Bill


Name of site              Description                  Encumbrances
Ahiwhakamura     Kāinga   South Auckland Land          Subject to the Crown
site                      District -Rotorua District   forestry licence held
                          / Whakatane District         in computer interest
                          4.9999 hectares, more or     register       SA52D/450
                          less, being Section 3 SO     (varied by B371196.16,
                          433291. Part computer        B371196.17,
                          freehold register 507547.    B371196.19            and
                                                       B558475.33).
                                                       Subject to the protect-
                                                       ive covenant certificate
                                                       held in computer interest
                                                       register SA52D/451.
                                                       Subject to section 10 of
                                                       the Central North Island
                                                       Forests Land Collective
                                                       Settlement Act 2008.
                                                       Subject to the right of
                                                       way in gross in favour of
                                                       Her Majesty the Queen
                                                       created by easement in-
                                                       strument 8276174.1 and
                                                       held in computer interest
                                                       register 503252.
                                                       Together with the right of
                                                       way created by easement
                                                       instrument      8212199.1
                                                       and held in computer in-
                                                       terest register 482467.
                                                       Together with the right of
                                                       way created by easement
                                                       instrument 8241609.1.
Galatea School site       South Auckland Land          Subject to the lease re-
                          District - Whakatane Dis-    ferred to in section
                          trict                        79(2).
                          1.5934 hectares, more or
                          less, being Section 52
                          Township of Galatea. All
                          Gazette 1938 page 960.
                          0.7117 hectares, more or
                          less, being Sections 43,
                          44, 45, 46, 47, 48 and 49
                          Township of Galatea. All
                          Gazette 1957 page 750.




210
                       Ngāti Manawa and Ngāti Whare
                            Claims Settlement Bill                   Schedule 3


Name of site              Description                 Encumbrances
Murupara School site      South Auckland Land         Subject to the lease re-
                          District - Whakatane Dis-   ferred to in section
                          trict                       80(2).
                          2.8900 hectares, more or
                          less, being Lot 1 DPS
                          5003. All Proclamation
                          S.173510.
Te Kura Kaupapa Mo-       South Auckland Land         Subject to the lease re-
tuhake o Tāwhiuau site    District - Whakatane Dis-   ferred to in section
                          trict                       81(2).
                          2.3065 hectares, more or
                          less, being Part Section
                          18 Block XIII Galatea
                          Survey District.      All
                          Proclamation S.207385.
Okārea Pā site            South Auckland Land         Subject to the conserva-
                          District - Whakatane Dis-   tion covenant referred to
                          trict                       in section 83(4).
                          4.9999 hectares, more or
                          less, being Section 1 SO
                          431558.     Part Gazette
                          1983 page 2029.
Te Rake Pā site           South Auckland Land         Subject to the Crown
                          District - Whakatane Dis-   forestry           licence
                          trict                       (B263238.2)           held
                          4.9997 hectares, more or    in computer interest
                          less, being Section 5 SO    register      SA57A/60
                          433101. Part computer       (varied by B371196.52,
                          freehold register 507554.   B371196.53,
                                                      B371196.55             and
                                                      B558475.41).
                                                      Subject to the protect-
                                                      ive covenant certificate
                                                      (B263238.3) held in
                                                      computer interest register
                                                      SA57A/61.




                                                                            211
                    Ngāti Manawa and Ngāti Whare
Schedule 3               Claims Settlement Bill


Name of site           Description                 Encumbrances
                                                   Together with the right of
                                                   way created by easement
                                                   instrument      8212199.1
                                                   and held in computer in-
                                                   terest register 482467.
                                                   Together with the right of
                                                   way created by easement
                                                   instrument      8208936.1
                                                   and held in computer in-
                                                   terest register 484186.
                                                   Together with the right of
                                                   way created by easement
                                                   instrument 8241609.1.
                                                   Together with the right of
                                                   way created by easement
                                                   instrument 8208944.1.
                                                   Together with the right of
                                                   way created by easement
                                                   instrument      8208942.1
                                                   and held in computer in-
                                                   terest register 486616.
                                                   Together with the right
                                                   of way to be created -
                                                   Bonisch Road.
Te Tāpiri Pā site      South Auckland Land         Subject to the conserva-
                       District - Taupo District   tion covenant referred to
                       1.2219 hectares, more or    in section 85(3).
                       less, being Section 1 SO
                       433064.      Part Gazette
                       1976 page 2865 and part
                       computer freehold regis-
                       ter SA86/152.




212
                       Ngāti Manawa and Ngāti Whare
                            Claims Settlement Bill                  Schedule 3


                               Part 2
                  Non-cultural redress properties
                   Sites that vest in fee simple
Site                      Legal Description          Encumbrances
Kani Rangi Park site      South Auckland Land        Subject to the protect-
                          District: Whakatane Dis-   ive covenant certificate
                          trict                      B239929.2 (affects Lot 2
                          7.7 hectares, approxi-     DP 418752).
                          mately, being Parts Lot    Subject to the right of
                          2 DPS 44735 and Lot 2      way in gross in favour
                          DP 418752. Part com-       of KT1 CO, KT2 CO
                          puter freehold register    and NZSF Timber In-
                          SA39C/765. Subject to      vestments (NO4) Limited
                          survey.                    over Lot 2 DP 418752 [to
                                                     be created].
                                                     Together with the right of
                                                     way created by easement
                                                     instrument       8212199.1
                                                     and held in computer in-
                                                     terest register 482467 (af-
                                                     fects Lot 2 DP 418752).
Hinamoki Pā               South Auckland Land
                          District: Whakatane Dis-
                          trict
                          1.0882 hectares, more or
                          less, being Section 1 SO
                          428393.     Part Gazette
                          1984 page 643.




                                                                            213
                     Ngāti Manawa and Ngāti Whare
Schedule 4                Claims Settlement Bill


                           Schedule 4                             s 140

                    Specially protected areas
Specially     protected
areas                     Location               Legal description
Te     Whāiti-Nui-a-Toi   As shown   on   OTS-   South Auckland Land
Canyon                    095–021.               District: Whakatane Dis-
                                                 trict
                                                 Part Urewera A. Part
                                                 Gazette 1944 page 627.
Tūwatawata                As shown   on   OTS-   South Auckland Land
                          095–020.               District: Whakatane Dis-
                                                 trict
                                                 Part Urewera A. Part
                                                 Gazette 1944 page 627.




214
                       Ngāti Manawa and Ngāti Whare
                            Claims Settlement Bill                  Schedule 5


                              Schedule 5                                s 140

                            Statutory areas
Statutory area                           Location
Whirinaki Te Pua-a-Tāne Conservation     As shown on OTS-095-009.
Park
Whirinaki River and its tributaries      As shown on OTS-095-010.
Specified areas of Te Urewera National   As shown on OTS-095-022.
Park




                                                                          215
                      Ngāti Manawa and Ngāti Whare
Schedule 6                 Claims Settlement Bill


                            Schedule 6                                   s 140

                 Cultural and non-cultural redress
                            properties
                                 Part 1
                     Cultural redress properties                                   5
                     Sites that vest in fee simple
Name of site              Description                 Encumbrances
Pareranui site            South Auckland Land         Subject to the Crown
                          District - Whakatane Dis-   forestry           licence
                          trict                       (B263238.2)           held
                          4.9998 hectares, more or    in computer interest
                          less, being Section 3 SO    register        SA57A/60
                          433101. Part computer       (varied by B371196.52,
                          freehold register 507554.   B371196.53,
                                                      B371196.55             and
                                                      B558475.41).
                                                      Subject to the protect-
                                                      ive covenant certificate
                                                      (B263238.3) held in
                                                      computer interest register
                                                      SA57A/61.
                                                      Together with the right of
                                                      way created by easement
                                                      instrument      8212199.1
                                                      and held in computer in-
                                                      terest register 482467.
                                                      Together with the right of
                                                      way created by easement
                                                      instrument 8241609.1.
                                                      Together with the right of
                                                      way created by easement
                                                      instrument      8208936.1
                                                      and held in computer in-
                                                      terest register 484186.
                                                      Together with the right of
                                                      way created by easement
                                                      instrument 8208944.1.
                                                      Together with the right of
                                                      way created by easement
                                                      instrument      8208942.1
                                                      and held in computer in-
                                                      terest register 486616.
                                                      Together with the right
                                                      of way easement to be
                                                      created - Bonisch Road.


216
                       Ngāti Manawa and Ngāti Whare
                            Claims Settlement Bill                   Schedule 6


Name of site              Description                 Encumbrances
Tauranga-o-Reti site      South Auckland Land         Subject to the Crown
                          District - Whakatane Dis-   forestry           licence
                          trict                       (B263238.2)           held
                          4.997 hectares, more or     in computer interest
                          less, being Section 2 SO    register        SA57A/60
                          433101. Part computer       (varied by B371196.52,
                          freehold register 507554.   B371196.53,
                                                      B371196.55             and
                                                      B558475.41).
                                                      Subject to the protect-
                                                      ive covenant certificate
                                                      (B263238.3) held in
                                                      computer interest register
                                                      SA57A/61.
                                                      Subject to the pub-
                                                      lic access easement
                                                      marked C on DPS 55243
                                                      (B263238.4) held in
                                                      computer interest register
                                                      SA57A/62.
                                                      Together with the right of
                                                      way created by easement
                                                      instrument      8212199.1
                                                      and held in computer in-
                                                      terest register 482467.
                                                      Together with the right of
                                                      way created by easement
                                                      instrument 8241609.1.
                                                      Together with the right of
                                                      way created by easement
                                                      instrument      8208936.1
                                                      and held in computer in-
                                                      terest register 484186.
                                                      Together with the right of
                                                      way created by easement
                                                      instrument 8208944.1.
                                                      Together with the right of
                                                      way created by easement
                                                      instrument      8208942.1
                                                      and held in computer in-
                                                      terest register 486616.
                                                      Together with the right
                                                      of way easement to be
                                                      created - Bonisch Road.




                                                                            217
               Ngāti Manawa and Ngāti Whare
Schedule 6          Claims Settlement Bill


Name of site      Description                 Encumbrances
Te Teko site      South Auckland Land         Subject to the Crown
                  District - Whakatane Dis-   forestry           licence
                  trict                       (B263238.2)           held
                  4.9998 hectares, more or    in computer interest
                  less, being Section 1 SO    register        SA57A/60
                  433101. Part computer       (varied by B371196.52,
                  freehold register 507554.   B371196.53,
                                              B371196.55             and
                                              B558475.41).
                                              Subject to the protect-
                                              ive covenant certificate
                                              (B263238.3) held in
                                              computer interest register
                                              SA57A/61.
                                              Together with the right of
                                              way created by easement
                                              instrument      8212199.1
                                              and held in computer in-
                                              terest register 482467.
                                              Together with the right of
                                              way created by easement
                                              instrument 8241609.1.
                                              Together with the right of
                                              way created by easement
                                              instrument      8208936.1
                                              and held in computer in-
                                              terest register 484186.
                                              Together with the right of
                                              way created by easement
                                              instrument 8208944.1.
                                              Together with the right of
                                              way created by easement
                                              instrument      8208942.1
                                              and held in computer in-
                                              terest register 486616.
                                              Together with the right
                                              of way easement to be
                                              created - Bonisch Road.




218
                        Ngāti Manawa and Ngāti Whare
                             Claims Settlement Bill                   Schedule 6


Name of site               Description                 Encumbrances
Mangamate Kāinga site      South Auckland Land         Subject to the Crown
                           District - Whakatane Dis-   forestry           licence
                           trict                       (B263238.2 held in
                           4.9991 hectares, more or    computer           interest
                           less, being Section 1 SO    register        SA57A/60
                           431517. Part computer       (varied by B371196.52,
                           freehold register 507554.   B371196.53,
                                                       B371196.55             and
                                                       B558475.41).
                                                       Subject to the protect-
                                                       ive covenant certificate
                                                       (B263238.3) held in
                                                       computer interest register
                                                       SA57A/61.
                                                       Together with the right of
                                                       way created by easement
                                                       instrument      8212199.1
                                                       and held in computer in-
                                                       terest register 482467.
                                                       Together with the right of
                                                       way created by easement
                                                       instrument 8241609.1.
                                                       Together with the right
                                                       of way easement to be
                                                       created - Bonisch Road.
Balance of Regeneration    South Auckland Land         Subject to the Crown
Land                       District - Whakatane Dis-   forestry           licence
                           trict                       (B263238.2)           held
                           608.0686 hectares, more     in computer interest
                           or less, being Section 2    register        SA57A/60
                           SO 431517, Section 2        (varied by B371196.52,
                           SO 432338, Sections 4       B371196.53,
                           and 7 SO 433101. Part       B371196.55             and
                           computer freehold regis-    B558475.41).
                           ter 507554.                 Subject to the protect-
                                                       ive covenant certificate
                                                       (B263238.3) held in
                                                       computer interest register
                                                       SA57A/61.
                                                       Subject to the public ac-
                                                       cess easement marked B,
                                                       C and D on DPS 55243
                                                       (B263238.4) held in
                                                       computer interest register
                                                       SA57A/62.




                                                                              219
               Ngāti Manawa and Ngāti Whare
Schedule 6          Claims Settlement Bill


Name of site      Description            Encumbrances
                                         Subject to section 10 of
                                         the Central North Island
                                         Forests Land Collective
                                         Settlement Act 2008.
                                         Subject to the public right
                                         of way [to be created
                                         under CNI].
                                         Subject to the right of
                                         way marked A, B and
                                         C on DPS 53893 created
                                         by easement instrument
                                         8208950.1 and held in
                                         computer interest register
                                         485148.
                                         Subject to the right of
                                         way marked A and B on
                                         DP 420965 [to be created
                                         under CNI].
                                         Subject to the right of
                                         way in gross referred to in
                                         section 209(2)(a).
                                         Together with the right of
                                         way created by easement
                                         instrument      8212199.1
                                         and held in computer in-
                                         terest register 482467.
                                         Together with the right of
                                         way created by easement
                                         instrument 8241609.1.
                                         Together with the right of
                                         way created by easement
                                         instrument      8208936.1
                                         and held in computer in-
                                         terest register 484186.
                                         Together with the right of
                                         way created by easement
                                         instrument 8208944.1.
                                         Together with the right of
                                         way created by easement
                                         instrument      8208942.1
                                         and held in computer in-
                                         terest register 486616.
                                         Together with the right
                                         of way easement to be
                                         created - Bonisch Road.




220
                   Ngāti Manawa and Ngāti Whare
                        Claims Settlement Bill                   Schedule 6


Name of site          Description                 Encumbrances
Waimurupūhā site      South Auckland Land         Subject to the Crown
                      District - Whakatane Dis-   forestry           licence
                      trict                       (B263238.2)           held
                      4.9997 hectares, more or    in computer interest
                      less, being Section 6 SO    register        SA57A/60
                      433101. Part computer       (varied by B371196.52,
                      freehold register 507554.   B371196.53,
                                                  B371196.55             and
                                                  B558475.41).
                                                  Subject to the protect-
                                                  ive covenant certificate
                                                  (B263238.3) held in
                                                  computer interest register
                                                  SA57A/61.
                                                  Together with the right of
                                                  way created by easement
                                                  instrument      8212199.1
                                                  and held in computer in-
                                                  terest register 482467.
                                                  Together with the right of
                                                  way created by easement
                                                  instrument 8241609.1.
                                                  Together with the right of
                                                  way created by easement
                                                  instrument      8208936.1
                                                  and held in computer in-
                                                  terest register 484186.
                                                  Together with the right of
                                                  way created by easement
                                                  instrument 8208944.1.
                                                  Together with the right of
                                                  way created by easement
                                                  instrument      8208942.1
                                                  and held in computer in-
                                                  terest register 486616.
                                                  Together with the right of
                                                  way easement to created -
                                                  Bonisch Road.




                                                                        221
                       Ngāti Manawa and Ngāti Whare
Schedule 6                  Claims Settlement Bill


Name of site               Description                  Encumbrances
Mangamate Falls site       South Auckland Land          To be administered as a
                           District -Whakatane Dis-     recreation reserve subject
                           trict                        to section 17 of the Re-
                           5.6000 hectares, more or     serves Act 1977.
                           less, being Section 1 SO     Subject to the protect-
                           432338. Part computer        ive covenant certificate
                           freehold register 507554.    (B263238.3) held in
                                                        computer interest register
                                                        SA57A/61.
                                                        Together with the right of
                                                        way created by easement
                                                        instrument      8212199.1
                                                        and held in computer in-
                                                        terest register 482467.
                                                        Together with the right of
                                                        way created by easement
                                                        instrument 8241609.1
                                                        Together with the right
                                                        of way easement to be
                                                        created - Bonisch Road.
Te           Takanga-a-    South Auckland Land          To be administered as an
Wharepakau      Historic   District - Whakatane Dis-    historic reserve subject
Reserve site               trict                        to section 18 of the Re-
                           [1.3327] hectares, more      serves Act 1977 (affects
                           or less, being Section       Section 3 SO 432338).
                           3 SO 432338.         (Part   To be administered as a
                           formerly part of the         recreation reserve subject
                           marginal strip retained by   to section 17 of the Re-
                           the Crown on the dispos-     serves Act 1977 (affects
                           ition of Lot 1 DPS 63738.    Section 6 SO 432338).
                           Part computer freehold
                           register 507554.)
                           4.2670 hectares, more or
                           less, being Section 6 SO
                           432338.
Okārea Pā site             South Auckland Land          Subject to the conserva-
                           District - Whakatane Dis-    tion covenant referred to
                           trict                        in section 216(4).
                           4.9999 hectares, more or
                           less, being Section 1 SO
                           431558.      Part Gazette
                           1983 page 2029.




222
                    Ngāti Manawa and Ngāti Whare
                         Claims Settlement Bill                   Schedule 6


Name of site           Description                 Encumbrances
Te Rake Pā site        South Auckland Land         Subject to the Crown
                       District: Whakatane Dis-    forestry           licence
                       trict                       (B263238.2)           held
                       4.9997 hectares, more or    in computer interest
                       less, being Section 5 SO    register        SA57A/60
                       433101. Part computer       (varied by B371196.52,
                       freehold register 507554.   B371196.53,
                                                   B371196.55             and
                                                   B558475.41).
                                                   Subject to the protect-
                                                   ive covenant certificate
                                                   (B263238.3) held in
                                                   computer interest register
                                                   SA57A/61.
                                                   Together with the right of
                                                   way created by easement
                                                   instrument      8212199.1
                                                   and held in computer in-
                                                   terest register 482467.
                                                   Together with the right of
                                                   way created by easement
                                                   instrument      8208936.1
                                                   and held in computer in-
                                                   terest register 484186.
                                                   Together with the right of
                                                   way created by easement
                                                   instrument 8241609.1.
                                                   Together with the right of
                                                   way created by easement
                                                   instrument 8208944.1.
                                                   Together with the right of
                                                   way created by easement
                                                   instrument      8208942.1
                                                   and held in computer in-
                                                   terest register 486616.
                                                   Together with the right
                                                   of way easement to be
                                                   created - Bonisch Road.
Te Tāpiri Pā site      South Auckland Land         Subject to the conserva-
                       District - Taupo District   tion covenant referred to
                       1.2219 hectares, more or    in section 218(3).
                       less, being Section 1 SO
                       433064.      Part Gazette
                       1976 page 2865 and part
                       computer freehold regis-
                       ter SA86/152.




                                                                         223
                    Ngāti Manawa and Ngāti Whare
Schedule 6               Claims Settlement Bill


                              Part 2
                 Non-cultural redress properties
                  Sites that vest in fee simple
Name of site           Description                Encumbrances
Hinamoki Pā            South Auckland Land
                       District: Whakatane Dis-
                       trict
                       1.0882 hectares, more or
                       less, being Section 1 SO
                       428393.     Part Gazette
                       1984 page 643.

Otutakahiao            South Auckland Land
                       District: Whakatane Dis-
                       trict
                       0.2171 hectares, more or
                       less, being Section 1 SO
                       428392.     Part Gazette
                       1984 page 643.

Wekanui Kāinga         South Auckland Land
                       District: Whakatane Dis-
                       trict
                       5.8468 hectares, more
                       or less, being Section 1
                       SO 428388. Part GN
                       S372705.

Otahi Kāinga           South Auckland Land
                       District: Whakatane Dis-
                       trict
                       2.1535 hectares, more
                       or less, being Section 1
                       SO 428391. Part GN
                       S372705.




224
                       Ngāti Manawa and Ngāti Whare
                            Claims Settlement Bill                                Schedule 6


                                Part 2—continued

Name of site                Description                              Encumbrances
Te Pukemohoao Kāinga        South Auckland Land
                            District: Whakatane Dis-
                            trict
                            1.1751 hectares, more
                            or less, being Section 1
                            SO 428390. Part GN
                            S372705.
Matuatahi Pā                South Auckland Land
                            District: Whakatane Dis-
                            trict
                            0.8778 hectares, more
                            or less, being Section 1
                            SO 428389. Part GN
                            S372705.
12




                                     Wellington, New Zealand:
               Published under the authority of the New Zealand Government—2010


                                                                                        225

				
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