New Zealand Acts

NGĀTI HAUĀ CLAIMS SETTLEMENT ACT 2014 - SECT 6

6 Outline

1 This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.

2 This Part—

a) sets out the purpose of this Act; and

b) provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and

c) specifies that the Act binds the Crown; and

d) sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngāti Hauā, as recorded in the deed of settlement; and

e) defines terms used in this Act, including key terms such as Ngāti Hauā and non-raupatu historical claims; and

f) provides that the settlement of the non-raupatu historical claims is final; and

g) provides for—

i) the effect of the settlement of the non-raupatu historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the non-raupatu historical claims; and

ii) a consequential amendment to the Treaty of Waitangi Act 1975 ; and

iii) the effect of the settlement on certain memorials; and

iv) the exclusion of the limit on the duration of a trust; and

v) access to the deed of settlement.

3 Part 2 provides for cultural redress, including—

a) a protocol for taonga tūturu on the terms set out in the documents schedule; and

b) a conservation relationship agreement; and

c) a statutory acknowledgement by the Crown of the statements made by Ngāti Hauā of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement, together with deeds of recognition for the specified area; and

d) an overlay classification applying to certain areas of land; and

e) the vesting in the trustees of the fee simple estate in certain cultural redress properties; and

f) the establishment of a joint board to administer 2 reserves; and

g) the vesting in the trustees of the fee simple estate in Te Tapui Scenic Reserve and the gifting back of the reserve for the people of New Zealand; and

h) the establishment of a committee to perform specified functions in relation to certain land.

4 Part 3 provides for commercial redress, including commercial redress property, deferred selection property, second right of deferred purchase property, and the right of first refusal over RFR land.

5 Part 4 contains provisions relating to Te Taurapa o Te Ihingarangi ki Te Puaha o Waitete sub-catchment.

6 There are 5 schedules, as follows:

a) Schedule 1 describes the statutory areas to which the statutory acknowledgement relates and, in 1 case, for which deeds of recognition are issued:

b) Schedule 2 describes the overlay area to which the overlay classification applies:

c) Schedule 3 describes the cultural redress properties:

d) Schedule 4 describes the land for which a committee is established under subpart 6 of Part 2 :

e) Schedule 5 sets out provisions that apply to notices given in relation to RFR land.

History: Section 6(2)(g)(iv): amended, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).