Legislative obligations to Māori
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Note: This does not include Treaty settlements and is subject to updates to reflect law reform processes and new legislation.
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SECTION
OBLIGATION TO MĀORI
4
Principles to be applied in performing functions or duties, orexercising powers, under this Act
(1) This section applies to—
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(c) a territorial authority or regional authority (but only to the extent that the territorial authority or regional authority is performing functions or duties, or exercising powers, in relation to the grant of waivers or modifications of the building code and the adoption and review of policy on dangerous, earthquake-prone, and insanitary buildings or, as the case may be, dangerous dams).
(2) In achieving the purpose of this Act, a person to whom this section applies must take into account the following principles that are relevant to the performance of functions or duties imposed, or the exercise of powers conferred, on that person by this Act:
(d) the importance of recognising any special traditional and cultural aspects of the intended use of a building:
...
73
73 Conditions on building consents granted under section 72
(1) A building consent authority that is a territorial authority that grants a building consent under section 72 must include, as a condition of the consent, that the building consent authority will, on issuing the consent, notify the consent to,—
...
(b) in the case of an application made by, or on behalf of, the owners of Māori land, the Registrar of the Māori Land Court; and
...
74
74 Steps after notification
(1) On receiving a notification under section 73,—
(a) the Surveyor-General or the Registrar of the Māori Land Court, as the case may be, must enter in his or her records the particulars of the notification together with a copy of any project information memorandum that accompanied the notification;
(b) the Registrar-General of Land must record, as an entry on the certificate of title to the land on which the building work is carried out,—
(i) that a building consent has been granted under section 72; and
(ii) particulars that identify the natural hazard concerned.
(2) If an entry has been recorded on a duplicate of the certificate of title referred to in subsection (1)(b) under section 641A of the Local Government Act 1974 or section 36 of the former Act, the Registrar-General of Land does not need to record another entry on the duplicate.
(3) Subsection (4) applies if a building consent authority determines that any of the following entries is no longer required:
(a) an entry referred to in subsection (1)(b);
(b) an entry under section 641A of the Local Government Act 1974;
(c) an entry under section 36 of the former Act.
(4) The building consent authority must notify the Surveyor-General, the Registrar of the Māori Land Court, or the Registrar-General of Land, as the case may be, who must amend his or her records or remove the entry from the certificate of title.
395
395 Notices in relation to Māori land
Part 10 of Te Ture Whenua Māori Act 1993 applies to the service of notices under this Act on owners of Māori land, except that the period fixed for anything to be done by the owners must not be extended by more than 14 working days under section 181(4) of that Act, unless otherwise provided by the territorial authority or the regional authority concerned.
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SECTION
OBLIGATION TO MĀORI
3
Purpose
The purpose of this Act is to—
(a) integrate the management of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:
(b) establish the Hauraki Gulf Marine Park:
(c) establish objectives for the management of the Hauraki Gulf, its islands, and catchments:
(d) recognise the historic, traditional, cultural, and spiritualrelationship of the tangata whenua with the Hauraki Gulf and its islands:
(e) establish the Hauraki Gulf Forum.
6
Treaty of Waitangi (Te Tiriti o Waitangi)
(1) Subject to subsections (2) and (4), the provisions of Part 3 relating to the Park must be so interpreted and administered as to give effect to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
(2) Subsection (1) does not apply in respect of any area of the Park that is foreshore, seabed, private land, taiapure-local fishery, or mataitai.
(3) When carrying out its functions under Part 2, the Forum must have regard to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
(4) Nothing in Part 1 or Part 3 or Part 4 limits, affects, or extends the obligations any person has in respect of the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) under any of the Acts listed in Schedule 1, and those obligations must be fulfilled in accordance with thoseActs.
7
Recognition of national significance of Hauraki Gulf
(1) The interrelationship between the Hauraki Gulf, its islands, and catchments and the ability of that interrelationship to sustain the life- supporting capacity of the environment of the Hauraki Gulf and its islands are matters of national significance.
(2) The life-supporting capacity of the environment of the Gulf and its islands includes the capacity—
(a) to provide for—
(i) the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the Gulf with the Gulf and its islands; and
(ii) the social, economic, recreational, and cultural well-being of people and communities:
(b) to use the resources of the Gulf by the people and communities of the Gulf and New Zealand for economic activities and recreation:
(c) to maintain the soil, air, water, and ecosystems of the Gulf.
8
Management of Hauraki Gulf
To recognise the national significance of the Hauraki Gulf, its islands, and catchments, the objectives of the management of the Hauraki Gulf, its islands, and catchments are—
(a) the protection and, where appropriate, the enhancement of the life-supporting capacity of the environment of the Hauraki Gulf, its islands, and catchments;
(b) the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments;
(c) the protection and, where appropriate, the enhancement of those natural, historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, and catchments with which tangata whenua have an historic, traditional, cultural, and spiritual relationship;
(d) the protection of the cultural and historic associations of people and communities in and around the Hauraki Gulf with its natural, historic, and physical resources;
(e) the maintenance and, where appropriate, the enhancement of the contribution of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments to the social and economic well-being of the people and communities of the Hauraki Gulf and New Zealand;
(f) the maintenance and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, which contribute to the recreation and enjoyment of the Hauraki Gulf for the people and communities of the Hauraki Gulf and New Zealand.
14
Preservation of existing rights
(1) Nothing in this Act limits or affects any title or right to ownership of the foreshore, seabed, or other land or natural resources of the Hauraki Gulf, its islands, and catchments, whether that title or right to ownership is conferred by Act, common law, or in any other manner.
(2) Nothing in this Act limits or affects the ability of any person to bring a claim or to continue any existing claim in any court or tribunal relating to the foreshore, seabed, or other land or natural resources of the Hauraki Gulf, its islands, and catchments arising out of the application of the Treaty of Waitangi, or any Act, or at common law, or in any other manner.
(3) Nothing in this section limits or affects any remedy associated with any claim referred to in subsection (2).
Part 2
Hauraki Gulf Forum
15
Purposes of Forum
The Forum has the following purposes:
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(c) to recognise the historic, traditional, cultural, and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands, and, where appropriate, its catchments.
16
Establishment of Forum
(1) A body called the Hauraki Gulf Forum is established.
(2) The Forum consists of the following representatives:
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(e) 6 representatives of the tangata whenua of the Hauraki Gulf and its islands appointed by the Minister, after consultation with the tangata whenua and the Minister of Māori Affairs.
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17
Functions of Forum
(1) To promote sections 7 and 8, the Forum has the following functions in relation to the Hauraki Gulf, its islands, and catchments:
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(f) to receive reports from the tangata whenua of the Hauraki Gulf on the development and implementation of iwi management or development plans;
(2) When carrying out its functions under subsection (1), the Forum must have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments.
19
Costs of administrative and servicing functions of Forum
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(3) Administrative and servicing costs are not payable by constituent parties who are tangata whenua representatives.
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Part 3
Hauraki Gulf Marine Park
32
Purposes of Hauraki Gulf Marine Park
The purposes of the Hauraki Gulf Marine Park are—
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(c) to recognise and have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands and coastal areas, and the natural and historic resources of the Park.
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44
Recognitionof tangata whenua statement of relationship
(1) The Crown or a local authority may acknowledge any statement of particular historic, traditional, cultural, and spiritual relationship of tangata whenua of the Hauraki Gulf with any land, foreshore, or seabed in the Hauraki Gulf Marine Park by entering into a Deed of Recognition with tangata whenua in respect of that land, foreshore, or seabed.
(2) A Deed of Recognition—
(a) may not relate to any water;
(b) may not relate to any land included in the Park in accordance with section 35.
(3) A Deed of Recognition—
(a) may record the Crown’s or local authority’s acknowledgement referred to in subsection (1); and
(b) must identify the area to which the Deed of Recognition relates; and
(c) may acknowledge, where appropriate, any statement of relationship by any others who claim tangata whenua status with the area; and
(d) without limiting section 46, must identify specific opportunities for contribution by tangata whenua to the management of the area by the Crown or a local authority.
(4) A Deed of Recognition may be amended or revoked by agreement between the parties.
47
Other Deeds of Recognition
Where the Crown or local authority has entered into a Deed of Recognition for an area with tangata whenua, that Deed of Recognition does not prevent the Crown or local authority from entering into further Deeds of Recognition for that area with other tangata whenua who may have an historic, traditional, cultural, and spiritual relationship with that area.
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SECTION
OBLIGATION TO MĀORI
6
Matters relevant to purpose of Act
All persons exercising functions, powers, and duties under this Act shall, to achieve the purpose of this Act, take into account the following matters:
(a) the sustainability of all native and valued introduced flora and fauna:
(b) the intrinsic value of ecosystems:
(c) public health:
(d) the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, valued flora and fauna, and other taonga:
(e) the economic and related benefits and costs of using a particular hazardous substance or new organism:
(f) New Zealand's international obligations.
8
Treaty of Waitangi
All persons exercising powers and functions under this Act shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
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SECTION
OBLIGATION TO MĀORI
14
Powers of Trust in relation to authority application
(1) On receipt of an application for an authority to destroy, damage, or modify any archaeological site or sites under section 11 or section 12, the Trust may, subject to subsection (3), exercise 1 or more of the following powers:
(a) grant an authority in whole or in part, subject to such conditions as it sees fit;
(b) decline to grant an authority in whole or in part;
(c) exercise all or any of the powers specified in any of sections 5, 16, 17, 18, and 21.
....
(9) The Trust shall advise the appropriate local authority of any decision made under subsection (1).
22
Register of historic places, historic areas, wāhi tapu, and wāhi tapuareas
(1) The Trust shall establish and maintain a register of historic places, historic areas, wāhi tapu, and wāhi tapu areas.
(2) The purposes of the register shall be as follows:
(a) to inform members of the public about historic places, historic areas, wāhi tapu, and wāhi tapu areas;
(b) to notify owners of historic places, historic areas, wāhi tapu, and wāhi tapu areas where necessary for the purposes of this Act:
(c) to assist historic places, historic areas, wāhi tapu, and wāhi tapu areas to be protected under the Resource Management Act 1991.
(3) The register shall consist of the following:
(a) a part relating to historic places, comprising the following categories:
(i) Category 1: places of special or outstanding historical or cultural heritage significance or value;
(ii) Category 2: places of historical or cultural heritage significance or value;
(b) a part relating to historic areas;
(c) a part relating to wāhi tapu;
(d) a part relating to wāhi tapu areas.
(4) The entry in and removal from the register of details of historic places, historic areas, wāhi tapu, and wāhi tapu areas shall be in
accordance with this Part.
(5) An entry in the register in respect of any historic place may include any chattel or object or class of chattels or objects—
(a) situated in or on that place; and
(b) considered by the Trust to contribute to the significance of that place; and
(c) nominated by the Trust.
25
Provisions relating to wāhi tapu
(1) Any person may apply to the Māori Heritage Council to have any wāhi tapu entered on the register.
(2) An application under this section shall contain a legal description of the land affected and specify the general location and nature of the wāhi tapu.
(3) If satisfied that the proposal is supported by sufficient evidence, the Council shall—
(a) publicly notify the proposal for registration in such manner as the Council considers appropriate; and
(b) give notice in writing of the proposal to—
(i) the owner of the wāhi tapu concerned; and
(ii) the relevant territorial authority and regional council; and
(iii) every person having a registered interest in the wāhi tapu; and
(iv) the appropriate iwi.
(4) Every owner of a wāhi tapu who receives a notice under subsection (3)(b) shall give notice in writing of the proposal to the occupiers of the place.
(5) In the case of an application affecting Māori land, the Trust shall give notice of the application to the Registrar of the appropriate Māori Land Court, who shall record the effect of the notice in the court records.
(6) No failure of an owner to notify an occupier pursuant to subsection (4) shall invalidate the registration process in that case.
28
Procedure if registration of historic place or tapu proposed
(1) The following persons may make written submissions on a proposal under section 24 to register an historic place or on an application under section 25 to enter a wāhi tapu on the register:
(a) the owner of the historic place or wāhi tapu;
(b) any occupier of the historic place or wāhi tapu;
(c) any person having a registered interest in the historic place or wāhi tapu;
(d) any incorporated society or body corporate engaged in or having as one of its objects the protection of historical and cultural heritage;
(e) the territorial authority and regional council having jurisdiction in the area;
(f) the appropriate iwi.
(2) Submissions may be made on a proposal or application whether or not interim registration of the historic place that the proposal relates to or of the wāhi tapu that the application relates to has been granted.
(3) In the case of an interim registration, submissions must be made to the Trust or Council, as the case may require, within 20 working days after the date of the public notification of the grant of interim registration.
(4) In all other cases, submissions must be made to the Trust or Council, as the case may require, within—
(a) 20 working days after the public notification of the proposal or application; or
(b) any longer period specified by the Trust or Council in a particular case, but not longer than 40 working days after the public notification of the proposal or application.
(5) The Council may make any inquiries that it sees fit before deciding whether to register a wāhi tapu.
(6) If the Trust considers that an historic place proposed for registration is of Māori interest, the Trust must refer the proposal to the Council for its recommendation as to whether the historic place should be registered.
(7) When deciding whether to register an historic place, the Trust may reconsider the category of registration proposed of the place concerned and alter the category if it considers this action appropriate.
32
Provisions relating to wāhi tapu areas
(1) Any person may propose to the Māori Heritage Council that any wāhi tapu area be entered on the register.
(2) Every proposal for registration shall contain a legal description of the general area of land affected and specify the general nature of the wāhi tapu included in the area.
(3) If satisfied that the proposal is supported by sufficient evidence, the Council must—
(a) publicly notify the proposal for registration in the manner that the Council considers appropriate; and
(b) give notice in writing of the proposal to—
(i) any person that—
(A) is an owner of the wāhi tapu area or part of the wāhi tapu area; or
(B) has a registered interest in the wāhi tapu area or part of the wāhi tapu area; and
(ii) the relevant territorial authority and regional council; and
(iii) the appropriate iwi.
32D
Territorial authorities and regional councils must have particular regard to recommendations
(1) In respect of any registered historic area, the Trust may make recommendations to the territorial authority and regional council where the historic area is located as to the appropriate measures that the authority or council should take to assist in the conservation and protection of the historic area.
(2) In respect of any registered wāhi tapu area, the Council may make recommendations to the territorial authority and regional council where the wāhi tapu area is located as to the appropriate measures that the authority or council should take to assist in the conservation and protection of the wāhi tapu area.
(3) A territorial authority or regional council receiving recommendations under subsection (1) or subsection (2) must have particular regard to the Trust’s or the Council’s recommendations.
33
Proposals affecting registered wāhi tapu areas
(1) Where the Trust—
(a) is advised by a local authority that the authority has received an application for a resource consent in respect of any wāhi tapu area; or
(b) is considering an application or proposal under section 14 or section 18(2) that affects any wāhi tapu area; or
(c) proposes to take any action in respect of any wāhi tapu area,—
the Trust shall refer the application or proposal to the Māori Heritage Council before taking any action in respect of the application or proposal.
(2) The Council shall consult the local territorial authority, the relevant regional council, the applicant for the resource consent, the relevant iwi or other Māori groups, and the proposers of the wāhi tapu area, as the case may require, before taking any action in respect of the application or proposal.
(3) The Council shall, within 3 months of the date of receipt of that application or proposal by the Council, advise the Trust of any comment or recommendation it wishes to make on any application or proposal referred to it under subsection (1).
115
Savings
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(2) This Act must continue to be interpreted and administered to give effect to the principles of the Treaty of Waitangi, unless the context
otherwise requires, even though this Act is no longer—
(a) administered by the Department of Conservation; or
(b) included in Schedule 1 of the Conservation Act 1987.
N.B. the Historic Place Act 1993 is set to be replaced by the Heritage New Zealand Pouhere Taonga Bill, which has been referred to the Local Government and Environment Committee as at November 2012. -
SECTION
OBLIGATION TO MĀORI
89
Application of Act to Māori lands
(1) Where any Māori land is required to be taken for the purposes of this Act, it shall be taken by the Governor-General under Part 2 of the Public Works Act 1981.
(2) Māori lands rateable under any Act for the time being in force relating to rating shall be rateable for the purposes of this Act.
(3) Subject to the provisions of this section, this Act applies to all Māori lands.
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SECTION
OBLIGATION TO MĀORI
4
Treaty of Waitangi
In order to recognise and respect the Crown’s responsibility to take appropriate account of the principles of the Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to land transport decision-making processes, sections 18, 18A, 18G, 18H, 49, 59, 65H, 65I, 78, and 100(1)(f) and clause 6 of Schedule 7 provide principles and requirements that are intended to facilitate participation by Māori in land transport decision-making processes.
18
Consultation requirements
(1) When preparing a regional land transport programme, a regional transport committee or Auckland Transport (as the case may require) must consult—
(a) every affected regional council; and (ab)
(b) every affected territorial authority; and
(c) every affected approved public organisation; and
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(k) affected communities; and
(l) Māori of the region; and
18A
Consultation principles
(1) In carrying out the consultation required under section 18, a regional transport committee must—
(a) act in accordance with the consultation principles set out in section 82 of the Local Government Act 2002; and
(b) use the special consultative procedure under sections 83, 87(2)(a), and 89 of the Local Government Act 2002.
(2) A regional transport committee complies with subsection (1) if the required consultation on the regional land transport programme is carried out in conjunction with the relevant regional council's consultation on its long-term plan or its annual plan under the Local Government Act 2002.
18G
Separate consultation with Māori on particular activities
(1) An approved organisation or the Agency (as the case may require) must do everything reasonably practicable to separately consult Māori affected by any activity proposed by the approved organisation or the Agency that affects or is likely to affect—
(a) Māori land; or
(b) land subject to any Māori claims settlement Act; or
(c) Māori historical, cultural, or spiritual interests.
(2) The relevant approved organisation or the Agency (as the case may be) must consult the land holding trustee (as defined in section 7 of the Waikato Raupatu Claims Settlement Act 1995) about any proposed activity that affects or is likely to affect land registered in the name of Pootatau Te Wherowhero under section 19 of that Act.
18H
Māori contribution to decision making
(1) The Agency and approved public organisations must, with respect to funding from the national land transport fund,—
(a) establish and maintain processes to provide opportunities for Māori to contribute to the organisation’s land transport decision- making processes; and
(b) consider ways in which the organisation may foster the development of Māori capacity to contribute to the organisation’s land transport decision-making processes; and
(c) provide relevant information to Māori for the purposes of paragraphs (a) and (b).
(2) Subsection (1) does not limit the ability of the Agency or an approved public organisation to take similar action in respect of any other population group.
22
Funding for Māori roadways
(1) The Agency may, in accordance with this Part, approve an activity relating to a Māori roadway as qualifying for payments to the Agency from the national land transport fund as if the roadway were a State highway.
(2) The Agency may, in accordance with this Part, approve an activity relating to a Māori roadway as qualifying for payments to a territorial authority from the national land transport fund as if the roadway were a local road.
(3) The Agency and territorial authorities may receive funding for a Māori roadway if the activity is included in a regional land transport programme.
49
Consultation requirements
(1) A public road controlling authority that seeks funding by way of a road tolling scheme must consult in accordance with sections 15 to 18 as if the public road controlling authority were seeking funding from the Agency, and those sections apply with the necessary modifications.
(2) However, a public road controlling authority need not consult any person or organisation referred to in those sections about any matter if it has already consulted them about the matter in the course of carrying out consultation under any provision of this Act, other than this section, or under or for the purposes of any other Act.
59
Consultation requirements
(1) A public road controlling authority that seeks funding by way of a concession agreement must consult in accordance with sections 15 to 18 as if the public road controlling authority were seeking funding from the Agency, and those sections apply with the necessary modifications.
(2) However, a public road controlling authority need not consult any person or organisation referred to in those sections about any matter if it has already consulted them about the matter in the course of carrying out consultation under any provision of this Act, other than this section, or under or for the purposes of any other Act.
65H
Persons that must be consulted
When preparing a proposed regional fuel tax scheme, a regional transport committee must consult—
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(k) Māori of the region;
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78
Consultation requirements
(1) When a regional transport committee prepares a proposed regional land transport strategy, it must consult—
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(m) Māori of the region; and
(2) In carrying out the consultation required by subsection (1), a regional transport committee or the Auckland Council must—
(a) act in accordance with the consultation principles set out in section 82 of the Local Government Act 2002; and
(b) use the special consultative procedure under sections 83, 87(2)(a), and 89 of the Local Government Act 2002.
(3) A regional transport committee complies with subsection (2) if the required consultation on the regional land transport strategy is carried out in conjunction with the relevant regional council’s consultation on its long-term plan or its annual plan under the Local Government Act 2002.
(4) When a regional transport committee is preparing a regional land transport strategy, an approved organisation and the Agency must assist the committee or the council by giving it any reasonably requested information that it needs in order to prepare its strategy.
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SECTION
OBLIGATION TO MĀORI
Māori wards and Māori constituencies
19Z
Territorial authority or regional council may resolve to establish Māori wards or Māori constituencies
(1) Any territorial authority may resolve that the district be divided into 1 or more Māori wards for electoral purposes.
(2) Any regional council may resolve that the region be divided into 1 or more Māori constituencies for electoral purposes.
(3) A resolution under this section,—
(a) if made after a triennial general election but no later than 23 November of the year that is 2 years before the next triennial general election, takes effect, subject to paragraph (c), for the purposes of the next triennial general election of the territorial authority or regional council; and
(b) in any other case, takes effect, subject to paragraph (c), for the purposes of the next but one triennial general election; and
(c) in either case, takes effect for 2 triennial general elections of the territorial authority or regional council, and any associated election, and continues in effect after that until either—
(i) a further resolution under this section takes effect; or
(ii) a poll of electors of the territorial authority or regional council held under section 19ZF takes effect.
(4) This section is subject to section 19ZE and to clauses 2(5) and 4(4) of Schedule 1A.
(5) In this section and in sections 19ZB to 19ZG, associated election, in relation to any 2 successive triennial general elections of a territorial authority or regional council, means—
(a) any election to fill an extraordinary vacancy in the membership of the body concerned that is held—
(i) between those elections; or
(ii) after the second of those elections but before the subsequent triennial general election;
(b) an election of the members of the body concerned under section 255(1)(b) or Schedule 15 of the Local Government Act 2002 that is held—
(i) between those elections; or
(ii) after the second of those elections but before the subsequent triennial general election.
19ZA
Public notice of right to demand poll
(1) A territorial authority or regional council that passes a resolution under section 19Z must give public notice, not later than the required date, of the right to demand, under section 19ZB, a poll on the question whether,—
(a) in the case of a territorial authority, the district should be divided into 1 or more Māori wards; or
(b) in the case of a regional council, the region should be divided into 1 or more Māori constituencies.
(2) The public notice under subsection (1) must include—
(a) notice of the resolution under section 19Z; and
(b) a statement that a poll is required to countermand that resolution.
(3) In subsection (1), required date means,—
(a) in the case of a resolution under section 19Z that is made after a triennial general election but not later than 23 November of the year that is 2 years before the next triennial general election, 30 November in that year;
(b) in the case of a resolution under section 19Z that is made at some other time, the date that is 7 days after the date of the resolution.
(4) This section is subject to section 19ZE.
19ZB
Electors may demand poll
(1) A specified number of electors of a territorial authority or regional council may, at any time, demand that a poll be held on the question whether,—
(a) in the case of a territorial authority, the district should be divided into 1 or more Māori wards; or
(b) in the case of a regional council, the region should be divided into 1 or more Māori constituencies.
(2) This section is subject to section 19ZE.
(3) In this section and sections 19ZC and 19ZD,—
demand means a demand referred to in subsection (1);
specified number of electors, in relation to a territorial authority or regional council, means a number of electors equal to or greater than 5% of the number of electors enrolled as eligible to vote at the previous triennial general election of the territorial authority or regional council.
19ZC
Requirements for valid demand
(1) A demand must be made by notice in writing—
(a) signed by a specified number of electors; and
(b) delivered to the principal office of the territorial authority or regional council. (2) An elector may sign a demand and be treated as one of the specified number of electors only if,—
(a) in the case of a territorial authority, the name of the elector appears on the electoral roll of the territorial authority; or
(b) in the case of a regional council, the name of the elector appears on the electoral roll of a territorial authority and the elector’s address as shown on that roll is within the region; or
(c) in a case where the name of an elector does not appear on a roll in accordance with paragraph (a) or paragraph (b),—
(i) the name of the elector is included on the most recently published electoral roll for any electoral district under the Electoral Act 1993 or is currently the subject of a direction by the Electoral Commission under section 115 of that Act (which relates to unpublished names); and
(ii) the address for which the elector is registered as a parliamentary elector is within the local government area of the territorial authority or regional council; or
(d) the address given by the elector who signed the demand—
(i) is confirmed by a Registrar of Electors as the address at which the elector is registered as a parliamentary elector; and
(ii) is, if the demand was given to a territorial authority, within the district of the territorial authority; or
(iii) is, if the demand was delivered to a regional council, within the region of the regional council; or
(e) the elector has enrolled, or has been nominated, as a ratepayer elector and is qualified to vote as a ratepayer elector in elections of the territorial authority or, as the case may require, the regional council.
(3) Every elector who signs a demand must state, against his or her signature,—
(a) the elector’s name; and
(b) the address for which the person is qualified as an elector of the territorial authority or regional council.
(4) If a valid demand is received after 28 February in the year before the next triennial general election, the poll required by the demand—
(a) must be held after 21 May in that year; and
(b) has effect in accordance with section 19ZG(4) (which provides that the poll has effect for the purposes of the next but one triennial general election and the subsequent triennial general election).
(5) The chief executive of the territorial authority or regional council must, as soon as practicable, give notice to the electoral officer of every valid demand for a poll made in accordance with section 19ZB and this section.
(6) This section is subject to section 19ZE.
19ZD
Territorial authority or regional council may resolve to hold poll
(1) A territorial authority or regional council may, at any time, resolve that a poll be held on the question whether,—
(a) in the case of a territorial authority, the district should be divided into 1 or more Māori wards; or
(b) in the case of a regional council, the region should be divided into 1 or more Māori constituencies.
(2) A resolution under subsection (1) may, but need not, specify the date on which the poll is to be held.
(3) The date specified for the holding of a poll must not be a date that would require deferral of the poll under section 138A.
(4) The chief executive of the territorial authority or regional council must give notice to the electoral officer under subsection (1),—
(a) if no date for the holding of the poll is specified in the resolution, as soon as is practicable;
(b) if a date for the holding of the poll is specified in the resolution, at an appropriate time that will enable the poll to be conducted in accordance with section 19ZF(3).
(5) This section is subject to section 19ZE.
19ZE
Limitation on division into Māori wards or Māori constituencies
Sections 19Z to 19ZD do not apply, in relation to a territorial authority or regional council, if—
(a) a poll on the proposal described in section 19ZB or section 19ZD held under section 19ZF took effect at the previous triennial general election of the territorial authority or regional council or takes effect at the next triennial general election of the territorial authority or regional council; or
(b) another enactment requires that the district be divided into 1 or more Māori wards or the region be divided into 1 or more Māori constituencies.
19ZF
Poll of electors
(1) If the electoral officer for a territorial authority or regional council receives notice under section 19ZC(5) or section 19ZD(4), the electoral officer must, as soon as practicable after receiving that notice, give public notice of the poll under section 52.
(2) Despite subsection (1), if an electoral officer for a territorial authority or regional council receives 1 or more notices under both section 19ZC(5) and section 19ZD(4), or more than 1 notice under either section, in any period between 2 triennial general elections, the polls required to be taken under each notice may, to the extent that those polls would, if combined, take effect at the same general election, and if it is practicable to combine those polls, be combined.
(3) A poll held under this section must be held not later than 82 days after the date on which—
(a) the notice referred to in subsection (1) is received; or
(b) the last notice referred to in subsection (2) is received.
(4) Subsection (3) is subject to subsection (2), section 19ZC(4), and section 138A.
(5) Every poll under this section that is held in conjunction with a triennial general election or held after that date but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held determines whether, for the next 2 triennial general elections for the territorial authority or regional council and any associated election,—
(a) the district of the territorial authority is to be divided into 1 or more Māori wards; or
(b) the region of the regional council is to be divided into 1 or more Māori constituencies.
(6) Every poll under this section that is held at some other time determines whether, for the next but one triennial general election and the following triennial general election for the territorial authority or regional council and any associated election,—
(a) the district of the territorial authority is to be divided into 1 or more Māori wards; or
(b) the region of the regional council is to be divided into 1 or more Māori constituencies.
19ZG
Effect of poll
(1) Subsection (2) applies to a poll held in conjunction with a triennial general election or held after that election but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held.
(2) If the result of a poll to which this subsection applies requires the division of the district of a territorial authority into 1 or more Māori wards, or the division of the region of a regional council into 1 or more Māori constituencies, that district or region must be divided into those wards or constituencies, as the case requires,—
(a) in the case of a territorial authority, for the next 2 triennial general elections of the territorial authority, and any associated election; and
(b) in the case of a regional council, for the next 2 triennial general elections of the regional council, and any associated election; and
(c) for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, until a further resolution under section 19Z takes effect or a further poll held under section 19ZF takes effect, whichever occurs first.
(3) Subsection (4) applies to a poll held at some other time.
(4) If the result of a poll to which this subsection applies requires the division of a territorial authority into 1 or more Māori wards, or the division of the region of a regional council into 1 or more Māori constituencies, that district or region must be divided into those wards or constituencies, as the case requires,—
(a) in the case of a territorial authority, for the next but one triennial general election and the following triennial general election of the territorial authority, and any associated election; and
(b) in the case of a regional council, for the next but one triennial general election and the following triennial general election of the regional council, and any associated election; and
(c) for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, until a further resolution under section 19Z takes effect or a further poll held under section 19ZF takes effect, whichever occurs first.
(5) This section is subject to clauses 2(5) and 4(4) of Schedule 1A.
19ZH
Basis of election of territorial authority and regional council
If, for the purpose of a triennial general election,—
(a) a district of a territorial authority is required to be divided into 1 or more Māori wards; or
(b) a region of a regional council is required to be divided into 1 or more Māori constituencies,—
the provisions of this Part (other than those of sections 19B, 19G, and 19J, and those of this section) are subject to the provisions of Schedule 1A.
24A
Electors of Māori wards
(1) In the case of a triennial general election, every residential elector of a district who, on the day before polling day for the election,—
(a) is registered as a parliamentary elector at an address within a Māori ward; and
(b) is registered as an elector of a Māori electoral district,— is, at that triennial general election, an elector of that Māori ward.
(2) In the case of a triennial general election, every person who, on the day before polling day for the election, is a ratepayer elector of a district—
(a) whose entitlement as an elector arises in respect of property in a Māori ward; and
(b) who is registered as an elector of a Māori electoral district,— is, at that general election, an elector of that Māori ward.
(3) In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every residential elector of a district who, on the day before polling day for the election,—
(a) is registered as a parliamentary elector at an address within a Māori ward; and
(b) is registered as an elector of a Māori electoral district,— is, at that election, an elector of that Māori ward.
(4) In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every person who, on the day before polling day for the election, is a ratepayer elector of a district—
(a) whose entitlement as an elector arises in respect of property in a Māori ward; and
(b) who is registered as a elector of a Māori electoral district is, at the election, an elector of that Māori ward.,—
24B
Voting rights at triennial general election of territorial authority
(1) A person who, under section 24A, is an elector of a Māori ward of a territorial authority is, at a triennial general election,—
(a) entitled to vote—
(i) at the election of the mayor; and
(ii) at the election of the member or members who will represent that Māori ward; and
(iii) at the election of the member or members (if any) to be elected to represent the whole of the district; and
(iv) at the election of the member or members of the appropriate community board (if any) situated within or partly within the Māori ward; but
(b) not entitled to vote at the election of the member or members who will represent any other ward of the territorial authority.
(2) No other person is entitled, at a triennial general election, to vote at the election of the member or members who will represent that Māori ward of that territorial authority.
24C
Voting rights at election to fill extraordinary vacancy in respect of Māori ward
(1) A person who, under section 24A, is an elector of a Māori ward of a territorial authority is, at any election to fill an extraordinary vacancy in the office of a member who represents that Māori ward, entitled to vote at that election.
(2) No other person is entitled to vote at any election to fill an extraordinary vacancy in the office of a member who will represent that Māori ward of that territorial authority.
24D
Electors of Māori constituencies
(1) In the case of a triennial general election, every residential elector of a region who, on the day before polling day for the election,—
(a) is registered as an elector at an address within a Māori constituency; and
(b) is registered as an elector of a Māori electoral district,—
is, at that triennial general election, an elector of that Māori constituency.
(2) In the case of a triennial general election, every person who, on the day before polling day for the election, is a ratepayer elector of a region—
(a) whose entitlement as an elector arises in respect of property in a Māori constituency; and
(b) who is registered as an elector of a Māori electoral district,—
is, at that triennial general election, an elector of that Māori constituency.
(3) In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every residential elector of a region who, on the day before polling day for the election,—
(a) is registered as a parliamentary elector at an address within a Māori constituency; and
(b) is registered as an elector of a Māori electoral district,— is, at that election, an elector of that Māori constituency.
(4) In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every person who, on the day before polling day for the election, is a ratepayer elector of the region—
(a) whose entitlement as an elector arises in respect of property in a Māori constituency; and
(b) who is registered as an elector of a Māori electoral district,— is, at that election, an elector of that Māori constituency.
24E
Voting rights at triennial general election of regional council
(1) A person who, under section 24D, is an elector of a Māori constituency of a regional council is, at a triennial general election,—
(a) entitled to vote at the election of the member or members who will represent that constituency; but
(b) not entitled to vote at the election of the member or members who will represent any other constituency of the regional council.
(2) No other person is entitled, at a triennial general election, to vote at the election of the member or members who will represent that Māori constituency of that regional council.
24F
Voting rights at election to fill extraordinary vacancy in respect of Māori constituency
(1) A person who, under section 24D, is an elector of a Māori constituency of a regional council is, at any election to fill an extraordinary vacancy in the office of a member who represents that Māori constituency, entitled to vote at that election.
(2) No other person is entitled to vote at any election to fill an extraordinary vacancy in the office of a member who will represent that Māori constituency of that regional council.
Schedule 1A
Provisions relating to Māori wards and Māori constituencies
Clause 1
Reviewof representation arrangements for election of territorial authority
(1) If, for the purposes of a triennial general election, a district of a territorial authority (being a district that is not already divided into 1 or more Māori wards) is required to be divided into 1 or more Māori wards, the territorial authority must, in the year immediately before the year in which the triennial general election is to be held, but not later than 31 August in the year immediately before the year in which the triennial general election is to be held, make a determination under section 19H.
(2) That determination must be made as if the territorial authority were required by section 19H to determine by resolution, in accordance with Part 1A,—
(a) the proposed number of members of the territorial authority (other than the mayor); and
(b) whether—
(i) all of the proposed members of the territorial authority (other than the mayor) are to be separately elected by the electors of 1 or more Māori wards and the electors of 1 or more general wards; or
(ii) some of the proposed members of the territorial authority (other than the mayor) are to be elected by the electors of the district as a whole and some to be elected separately by the electors of 1 or more Māori wards and 1 or more general wards, and, if so, what number of members are to be elected by electors of the district as a whole, and what number are to be elected separately.
(c) the proposed number of members of the territorial authority to be elected by the electors of 1 or more Māori wards; and
(d) the proposed number of members of the territorial authority to be elected by electors of 1 or more general wards; and
(e) the proposed name and the proposed boundaries of each ward; and
(f) the number of members proposed to be elected by the electors of each Māori ward; and
(g) the number of members proposed to be elected by the electors of each general ward.
(3) This clause does not limit section 19B(1).
Clause 2
Calculation of number of Māori and general ward members
(1) The number of members to be elected by the electors of 1 or more Māori wards of the district of a territorial authority (Māori ward members) is to be determined in accordance with the following formula:
where—
nmm is the number of Māori ward members;
mepd is the Māori electoral population of the district;
gepd is the general electoral population of the district; and
nm is the proposed number of members of the territorial authority (other than the mayor).
(2) If a determination is made under clause 1(2)(b)(ii), the definition of nm in the formula must be applied as if for the words “proposed number of members of the territorial authority (other than the mayor)” there were substituted the words “proposed number of members of the territorial authority (other than the mayor and the members to be elected by electors of the district as a whole)”.
(3) If the number of the Māori ward members (other than the mayor) calculated under subclause (1) includes a fraction, the fraction must be disregarded unless it exceeds a half. If the fraction exceeds a half, the number of Māori ward members must be the next whole number above the number that includes the fraction.
(4) The number of members to be elected by the electors of 1 or more general wards is to be determined by subtracting from the proposed number of members of the territorial authority (other than the mayor, or, if the case requires, other than the mayor and the members of the territorial authority to be elected by electors of the district as a whole) the number of Māori ward members, as calculated under subclauses (1) and (3).
(5) Despite Part 1A and the provisions of this schedule, if the number of Māori ward members, as determined in accordance with the method of calculation in this clause, is zero (because the number of Māori ward members as so determined is a fraction of the whole number 1 that does not exceed one half),—
(a) the district must not be divided into 1 or more Māori wards and 1 or more general wards;
(b) the provisions of clauses 1, 5, and 6 of this schedule must not be applied for the purposes of any determination under section 19H or section 19R.
Clause 3
Review of representation arrangements for election of regional council
(1) If, for the purposes of a triennial general election, a region of a regional council (being a region that is not already divided into 1 or more Māori constituencies) is required to be divided into 1 or more Māori constituencies, the regional council must, in the year immediately before the year in which the triennial general election is to be held, but not later than 31 August in the year immediately before the year in which the triennial general election is to be held, make a determination under section 19I.
(2) That determination must be made as if the regional council were required by section 19I to determine by resolution, in accordance with Part 1A,—
(a) the proposed number of members of the regional council; and
(b) the proposed number of members of the regional council to be elected by the electors of 1 or more Māori constituencies; and
(c) the proposed number of members of the regional council to be elected by electors of 1 or more general constituencies; and
(d) the proposed name and the proposed boundaries of each constituency; and
(e) the number of members proposed to be elected by the electors of each Māori constituency; and
(f) the number of members proposed to be elected by the electors of each general constituency.
Clause 4
Calculation of number of Māori and general constituency members
(1) The number of members to be elected by the electors of 1 or more Māori constituencies of a regional council (Māori constituency members) is to be determined in accordance with the following formula:
where—
nmm is the number of Māori constituency members mepr is the Māori electoral population of the region gepr is the general electoral population of the region
nm is the proposed number of members of the regional council.
(2) If the number of the Māori constituency members calculated under subclause (1) includes a fraction, the fraction must be disregarded unless it exceeds a half. If the fraction exceeds a half, the number of Māori constituency members must be the next whole number above the number that includes the fraction.
(3) The number of members to be elected by the electors of 1 or more general constituencies is to be determined by subtracting from the proposed number of members of the regional council the number of Māori constituency members, as calculated under subclauses (1) and (2).
(4) Despite Part 1A and the provisions of this schedule, if the number of Māori constituency members, as determined in accordance with the method of calculation in this clause, is zero (because the number of Māori constituency members as so determined is a fraction of the whole number 1 that does not exceed one half),—
(a) the region must not be divided into 1 or more Māori constituencies and 1 or more general constituencies;
(b) the provisions of clauses 3, 5, and 6 of this schedule must not be applied for the purposes of any determination under section 19I or section 19R.
Clause 6
Supplementary provisions regarding wards, constituencies and boundaries
In determining the number of wards and the boundaries of Māori wards, and the number of constituencies and the boundaries of Māori constituencies, a territorial authority or regional council or, as the case may require, the Commission must, in addition to satisfying the requirements of section 19T or section 19U,—
(a) ensure, to the extent that is reasonably practicable and is consistent with the requirements of paragraph (b), that—
(i) the ratio of members to Māori electoral population in each Māori ward produces a variance of no more than plus or minus 10% (if 2 or more Māori wards for the district are proposed); and
(ii) the ratio of members to Māori electoral population in each Māori constituency produces a variance of no more than plus or minus 10% (if 2 or more Māori constituencies for the region are proposed);
(b) have regard to—
(i) the boundaries of any existing Māori electoral district; and
(ii) communities of interest and tribal affiliations.
Clause 7
Population figures
(1) The Government Statistician must, at the request of a territorial authority or regional council or, if appropriate, the Commission, supply the territorial authority or regional council or the Commission with a certificate—
(a) specifying the Māori electoral population for the district or region; and
(b) the general electoral population of the district or region.
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SECTION
OBLIGATION TO MĀORI
324A
Power to carry out works on Māori roadway
(1) The council may from time to time—
(a) maintain, repair, or improve any roadway laid out in the district in accordance with Part 14 of Te Ture Whenua Māori Act 1993; or
(b) contribute towards the cost of maintaining, repairing, widening, or improving any roadway of the kind described in paragraph (a).
(2) The council shall, before exercising in respect of any roadway, any of the powers conferred on it by subsection (1), obtain the written consent of—
(a) the owners of the land comprising that roadway; and
(b) the owners of the land adjoining that roadway if those owners are not the owners of the land comprising the roadway.
(3) In any case where the owners of land comprising or adjoining a roadway laid out pursuant to Part 14 of Te Ture Whenua Māori Act 1993 are or are believed to be Māori and their whereabouts are unknown, consent under subsection (2) may be obtained by applying to the Māori Land Court for the district in which the land is situated for an order under the provisions of Part 10 of Te Ture Whenua Māori Act 1993.
(4) The Māori Land Court shall deal with any application made pursuant to subsection (3) as if a notice under an enactment had been issued to the owners.
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SECTION OBLIGATION TO MĀORI 3
Purpose
The purpose of this Act is to provide for democratic and effective local government that recognises the diversity of New Zealand communities; and, to that end, this Act—
...
(a) provides for local authorities to play a broad role in promoting the social, economic, environmental, and cultural well-being of their communities, taking a sustainable development approach.
4
Treaty of Waitangi
In order to recognise and respect the Crown’s responsibility to take appropriate account of the principles of the Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to local government decision-making processes, Parts 2 and 6 provide principles and requirements for local authorities that are intended to facilitate participation by Māori in local authority decision-making processes.
5
Interpretation
(1) In this Act, unless the context otherwise requires,—
...
community outcomes means the outcomes that a local authority aims to achieve in order to promote the social, economic, environmental, and cultural well-being of its district or region, in the present and for the future.
10
Purpose of local government
The purpose of local government is—
(a) to enable democratic local decision-making and action by, and on behalf of, communities; and
(b) to promote the social, economic, environmental, and cultural well-being of communities, in the present and for the future.
14
Principles relating to local authorities
(1) In performing its role, a local authority must act in accordance with the following principles:
...
(c) when making a decision, a local authority should take account of—
(i) the diversity of the community, and the community’s interests, within its district or region; and
(ii) the interests of future as well as current communities; and
(iii) the likely impact of any decision on each aspect of well-being referred to in section 10;
(d) a local authority should provide opportunities for Māori to contribute to its decision-making processes;
...
(h) in taking a sustainable development approach, a local authority should take into account—
(i) the social, economic, and cultural well-being of people and communities; and
...
40
Local governance statements
(1) A local authority must prepare and make publicly available, following the triennial general election of members, a local governance statement that includes information on—
...
(d) representation arrangements, including the option of establishing Māori wards or constituencies, and the opportunity to change them; and
...
(h) consultation policies; and
(i) policies for liaising with, and memoranda or agreements with, Māori; and
...
Part 6
Planning, decision-making, and accountability
75
Outline of Part This Part—
(a) sets out obligations of local authorities in relation to the making of decisions;
(b) states the obligations of local authorities in relation to the involvement of Māori in decision-making processes;
(c) states the obligations of local authorities in relation to consultation with interested and affected persons;
(d) sets out the nature and use of the special consultative procedure;
...
77
Requirements in relation to decisions
(1) A local authority must, in the course of the decision-making process,—
(a) seek to identify all reasonably practicable options for the achievement of the objective of a decision; and
(b) assess those options by considering—
(i) the benefits and costs of each option in terms of the present and future social, economic, environmental, and cultural well-being of the district or region; and
...
(c) if any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, waahi tapu, valued flora and fauna, and other taonga.
...
81
Contributions to decision-making processes by Māori
(1) A local authority must—
(a) establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority; and
(b) consider ways in which it may foster the development of Māori capacity to contribute to the decision-making processes of the local authority; and
(c) provide relevant information to Māori for the purposes of paragraphs (a) and (b).
(2) A local authority, in exercising its responsibility to make judgments about the manner in which subsection (1) is to be complied with, must have regard to—
(a) the role of the local authority, as set out in section 11; and
(b) such other matters as the local authority considers on reasonable grounds to be relevant to those judgments.
82
Principles of consultation
(1) Consultation that a local authority undertakes in relation to any decision or other matter must be undertaken, subject to subsections (3) to (5), in accordance with the following principles:
(a) that persons who will or may be affected by, or have an interest in, the decision or matter should be provided by the local authority with reasonable access to relevant information in a manner and format that is appropriate to the preferences and needs of those persons;
(b) that persons who will or may be affected by, or have an interest in, the decision or matter should be encouraged by the local authority to present their views to the local authority;
(c) that persons who are invited or encouraged to present their views to the local authority should be given clear information by the local authority concerning the purpose of the consultation and the scope of the decisions to be taken following the consideration of views presented;
(d) that persons who wish to have their views on the decision or matter considered by the local authority should be provided by the local authority with a reasonable opportunity to present those views to the local authority in a manner and format that is appropriate to the preferences and needs of those persons;
(e) that the views presented to the local authority should be received by the local authority with an open mind and should be given by the local authority, in making a decision, due consideration;
(f) that persons who present views to the local authority should be provided by the local authority with information concerning both the relevant decisions and the reasons for those decisions.
(2) A local authority must ensure that it has in place processes for consulting with Māori in accordance with subsection (1).
(3) The principles set out in subsection (1) are, subject to subsections (4) and (5), to be observed by a local authority in such manner as the local authority considers, in its discretion, to be appropriate in any particular instance.
(4) A local authority must, in exercising its discretion under subsection (3), have regard to—
(a) the requirements of section 78; and
(b) the extent to which the current views and preferences of persons who will or may be affected by, or have an interest in, the decision or matter are known to the local authority; and
(c) the nature and significance of the decision or matter, including its likely impact from the perspective of the persons who will or may be affected by, or have an interest in, the decision or matter; and
(d) the provisions of Part 1 of the Local Government Official Information and Meetings Act 1987 (which Part, among other things, sets out the circumstances in which there is good reason for withholding local authority information); and
(e) the costs and benefits of any consultation process or procedure.
(5) Where a local authority is authorised or required by this Act or any other enactment to undertake consultation in relation to any decision or matter and the procedure in respect of that consultation is prescribed by this Act or any other enactment, such of the provisions of the principles set out in subsection (1) as are inconsistent with specific requirements of the procedure so prescribed are not to be observed by the local authority in respect of that consultation.
93
Long-term plan
...
(6) The purpose of a long-term plan is to—
...
(b) describe the community outcomes of the local authority's district or region; and
...
101
Financial management
...
(3) The funding needs of the local authority must be met from those sources that the local authority determines to be appropriate, following consideration of,—
(a) in relation to each activity to be funded,—
(i) the community outcomes to which the activity primarily contributes; and
...
(b) the overall impact of any allocation of liability for revenue needs on the current and future social, economic, environmental, and
cultural well-being of the community.
102(2)(e)
Funding and financial policies
(1) A local authority must, in order to provide predictability and certainty about sources and levels of funding, adopt the funding and financial policies listed in subsection (2).
(2) The policies are—
...
(e) a policy on the remission and postponement of rates on Māori freehold land.
...
108
Policy on remission and postponement of rates on Māori freehold land
(1) If a policy adopted under section 102(1) provides for the remission of rates on Māori freehold land, the policy must state—
(a) the objectives sought to be achieved by the remission of rates; and
(b) the conditions and criteria to be met in order for rates to be remitted. (2) If a policy adopted under section 102(1) provides for the postponement of the requirement to pay rates on Māori freehold land, the policy must state—
(i) the objectives sought to be achieved by a postponement of the requirement to pay rates; and
(ii) the conditions and criteria to be met in order for the requirement to pay rates to be postponed.
(3) For the avoidance of doubt, a policy adopted under section 102(1) is not required to provide for the remission of, or postponement of the requirement to pay, rates on Māori freehold land.
(4) In determining a policy under section 102(1), the local authority must consider the matters set out in Schedule 11.
(4A) A policy adopted under section 102(1) must be reviewed at least once every 6 years using the special consultative procedure.
(5) For the purposes of this section, the term rate includes penalties payable on unpaid rates.
149
Power of regional councils to make bylaws
...
(2) Without limiting the generality of subsection (1), bylaws may be made in relation to the matters listed in subsection (1) for the purpose of managing, regulating against, or protecting from, damage, misuse, or loss, or for preventing the use of,—
...
(b) sites or places on land of the regional council that have cultural, historical, recreational, scientific, or other community or amenity values.
197
development contribution means a contribution—
(a) provided for in a development contribution policy included in the long-term plan of a territorial authority; and
(b) calculated in accordance with the methodology; and
(c) comprising—
(i) money; or
(ii) land, including a reserve or esplanade reserve (other than in relation to a subdivision consent), but excluding Māori land within the meaning of Te Ture Whenua Māori Act 1993, unless that Act provides otherwise; or
(iii) both.
205
Use of development contributions for reserves
A territorial authority must use a development contribution received for reserves purposes for the purchase or development of reserves within its district, which may include—
...
(d) payment, on terms and conditions the territorial authority thinks fit, to—
...
(iii) the trustees or body corporate in whom is vested a Māori reservation to which section 340 of Te Ture Whenua Māori Act 1993 applies, to enhance the reservation for cultural or other purposes;
...
Schedule 3
Reorganisation of local authorities
clause 12
Duties of joint committee of affected local authorities or appointed local authority in relation to proposal
...
(3) The joint committee of the affected local authorities or the appointed local authority must—
(a) give public notice of the draft reorganisation scheme; and
(b) send a copy of the draft reorganisation scheme to—
...
(vii) the Chief Executive of Te Puni Kōkiri; and
(viii) any affected Māori organisations identified by Te Puni Kōkiri; and
...
clause 37
Consultation on proposal by Commission
(1) As soon as practicable after receiving a reorganisation proposal, the Commission must —
...
(b) give public notice of the proposal, which must —
(i) advise the location where the proposal may be inspected or how a copy of the proposal may be obtained; and
(ii) invite submissions on the proposal; and
(c) seek the views of —
...
(vii) the Chief Executive of Te Puni Kokiri; and
(viii) any affected Māori organisations identified by Te Puni Kokiri; and
(ix) any other persons or organisations that the Commission considers appropriate.
Schedule 7
Local authorities and community boards, and their members
clause 36
Local authority to be good employer
(1) A local authority, and any other person having responsibility for the selection and management of employees of the local authority, must operate a personnel policy that complies with the principle of being a good employer.
(2) For the purposes of this clause, a good employer means an employer who operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring—
...
(d) recognition of—
(i) the aims and aspirations of Māori; and
(ii) the employment requirements of Māori; and
(iii) the need for greater involvement of Māori in local government employment; and
...
Schedule 10
Long-term plans, annual plans, and annual reports
clause 1
Community outcomes
A long-term plan must, to the extent determined appropriate by the local authority, describe the community outcomes for the local authority's district or region.
clause 2
Groups of activities
(1) A long-term plan must, in relation to each group of activities of the local authority,—
...
(c) outline any significant negative effects that any activity within the group of activities may have on the social, economic, environmental, or cultural well-being of the local community;
clause 8
Development of Māori capacity to contribute to decision-making processes
A long-term plan must set out any steps that the local authority intends to take, having undertaken the consideration required by section 81(1)(b), to foster the development of Māori capacity to contribute to the decision-making processes of the local authority over the period covered by that plan.
clause 23
Groups of activities
An annual report must, in relation to each group of activities of the local authority,—
(a) identify the activities within the group of activities; and
(b) identify the community outcomes to which the group of activities primarily contributes; and
(c) report the results of any measurement undertaken during the year of progress towards the achievement of those outcomes; and
(d) describe any identified effects that any activity within the group of activities has had on the social, economic, environmental, or cultural well-being of the community.
clause 35
General
An annual report must include a report on the activities that the local authority has undertaken in the year to establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority.
Schedule 11
Matters relating to rates relief on Māori freehold land
clause 1
1 The matters that the local authority must consider under section 108(4) are—
(a) the desirability and importance within the district of each of the objectives in clause 2; and
(b) whether, and to what extent, the attainment of any of those objectives could be prejudicially affected if there is no remission of rates or postponement of the requirement to pay rates on Māori freehold land; and
(c) whether, and to what extent, the attainment of those objectives is likely to be facilitated by the remission of rates or postponement of the requirement to pay rates on Māori freehold land; and
(d) the extent to which different criteria and conditions for rates relief may contribute to different objectives.
clause 2
2 The objectives referred to in clause 1 are—
(a) supporting the use of the land by the owners for traditional purposes;
(b) recognising and supporting the relationship of Māori and their culture and traditions with their ancestral lands;
(c) avoiding further alienation of Māori freehold land;
(d) facilitating any wish of the owners to develop the land for economic use;
(e) recognising and taking account of the presence of waahi tapu that may affect the use of the land for other purposes;
(f) recognising and taking account of the importance of the land in providing economic and infrastructure support for marae and associated papakāinga housing (whether on the land or elsewhere);
(g) recognising and taking account of the importance of the land for community goals relating to—
(i) the preservation of the natural character of the coastal environment;
(ii) the protection of outstanding natural features;
(iii) the protection of significant indigenous vegetation and significant habitats of indigenous fauna;
(h) recognising the level of community services provided to the land and its occupiers;
(i) recognising matters related to the physical accessibility of the land.
-
SECTION
OBLIGATION TO MĀORI
Part 1
Access to local authority information
7 Other reasons for withholding official information
(1) Where this section applies, good reason for withholding official information exists, for the purpose of section 5 [principle of availability], unless, in the circumstances of the particular case, the withholding of that information is outweighed by other considerations which render it desirable, in the public interest, to make that information available.
(2) Subject to sections 6, 8, and 17, this section applies if, and only if, the withholding of the information is necessary to—
...
(ba) in the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to tikanga Māori, or to avoid the disclosure of the location of waahi tapu; or
-
SECTION
OBLIGATION TO MĀORI
8
8 Non-rateable land
(1) The land described in Part 1 of Schedule 1 is non-rateable.
...
(3) Subsections (1) and (2) are subject to section 9.
9
Non-rateable land liable for certain rates
Land to which section 8 applies is rateable for the purpose of setting a targeted rate if—
(a) the rate is set solely for water supply, sewage disposal, or refuse collection; and
(b) the service referred to in paragraph (a) is provided in relation to the land.
Part 4
Rating of Māori freehold land
91
Liability of Māori freehold land for rates
Except where this Part otherwise provides, Māori freehold land is liable for rates in the same manner as if it were general land.
92
Recording name of ratepayer
(1) If Māori freehold land is owned legally and beneficially by 1 or 2 owners, the names of the owners must be entered as ratepayers in the rating information database and the district valuation roll.
(2) If an entire rating unit that comprises Māori freehold land in multiple ownership is leased, the name of the lessee must be entered as the ratepayer in the rating information database and the district valuation roll, unless the lessor advises the local authority, or the lessee produces proof, that the lease provides for the lessor to be liable to pay the rates.
(3) If an entire rating unit that comprises Māori freehold land in multiple ownership is subject to an occupation order made by the Māori Land Court under section 328 of Te Ture Whenua Māori Act 1993 (or an equivalent order made under a former provides for the owners or trustees, as the case may be, to be liable to pay the rates.
(4) If subsection (2) or subsection (3) do not apply, the following names or descriptions must be entered as ratepayers in the rating information database and the district valuation roll:
(a) for Māori freehold land owned by more than 2 persons who are not trustees, the words “the owners”;
(b) for Māori freehold land vested in trustees, the names and designations of the trustees.
(5) For the purposes of this Part,—
lease includes a tenancy at will, and any other tenancy that confers a leasehold interest upon the tenant, whether at law or in equity trustee includes a body corporate constituted under Part 13 of Te Ture Whenua Māori Act 1993.
(6) Subsection (1) is subject to section 11.
(7) Subsections (2), (3), and (4) override section 11.
93
Limitation on trustee liability
If trustees are liable to pay the rates on rateable Māori freehold land,—
(a) the rates must be paid out of income derived from the land and received by the trustees for the beneficial owners of the land; and
(b) the trustees are liable for rates only to the extent of the money derived from the land and received by the trustees on behalf of the beneficial owner or owners.
94
Appointment of person to receive notices
(1) Unless section 92(2) applies, or the land is vested in trustees, this section applies to rateable Māori freehold land in multiple ownership.
(2) Unless it would be unreasonable or impracticable to do so, the Māori Land Court, on application by the local authority, must appoint one of the owners, or an agent of the owners, to receive rates assessments and rates invoices for Māori freehold land in multiple ownership.
(3) The name of the owner or agent appointed under subsection (2) must be entered as the ratepayer in the rating information database and the district valuation roll, followed by the words “(court appointee)”.
95
Effect of appointment of owner or agent
(1) An appointment of an owner or agent under section 94(2) applies solely for the purpose of section 94.
(2) The entry of the name of an owner or agent appointed under section 94 as a ratepayer in the district valuation roll does not create or confer an estate or interest in the land on that person for any purpose.
(3) If there has been an appointment under section 94(2), the rates assessment must be delivered to the appointee under section 44.
(4) The delivery of a rates assessment under section 44 to an appointee does not make the appointee liable for the rates on the relevant land, except to the extent that the person would otherwise be liable.
96
Person actually using land liable for rates
(1) A person actually using Māori freehold land in multiple ownership that is not vested in a trustee is liable for the rates on that land.
(2) For the purposes of this Part, person actually using land means a person who, alone or with others,—
(a) leases the land; or
(b) does 1 or more of the following things on the land for profit or other benefit:
(i) resides on the land:
(ii) depastures or maintains livestock on the land:
(iii) stores anything on the land:
(iv) uses the land in any other way.
(3) If there is a person actually using the land, subsection (1) applies whether or not—
(a) the person actually using the land is one of the owners of the land; or
(b) a person has also been appointed under section 94(2) to receive the rates assessment and the rates invoice for the land.
(4) This section overrides section 12.
97
Rates assessment delivered to person actually using land
(1) If section 96 applies, the rates assessment and rates invoice must be delivered to the person actually using the rateable Māori freehold land.
(2) A person to whom section 96 applies and who is actually using part of the rateable Māori freehold land during a financial year must be treated as having used the whole of that land for the whole of that financial year unless that person establishes otherwise.
(3) This section overrides sections 44 and 46.
98
Recovery of unpaid rates from person actually using land
In proceedings under section 63 for the recovery of unpaid rates against a person to whom section 96 applies, the court may give judgment for a proportion of the unpaid rates if the court—
(a) considers that in the circumstances it is reasonable to do so; and
(b) is satisfied that—
(i) the person did not actually use the whole of the rating unit for which the rates are claimed for the relevant financial year; and
(ii) the amount of the rates payable is disproportionately large compared to a reasonable rental or payment for the use.
99
Application for charging order
(1) If the rates payable on rateable Māori freehold land are unpaid 6 months after the due date, the local authority may apply to the Māori Land Court for an order charging the unpaid rates against the land.
(2) No application under subsection (1) may be made for an order charging a sum of less than $50.
(3) An application under subsection (1) may not be made later than 6 years after the date on which—
(a) the rates became due in that financial year in the case of rates payable in 1 payment in a financial year; or
(b) the last payment of rates became due in that financial year in the case of rates payable by more than 1 payment in a financial year.
(4) Section 82 of Te Ture Whenua Māori Act 1993 does not apply to a charging order made under this Part.
101
Powers of Māori Land Court to make charging order
(1) If the Māori Land Court is satisfied, after hearing an application made under section 99, that the rates are payable and have been unpaid for more than 6 months since the due date, the court must make a charging order against the land in favour of the local authority for the amount of the unpaid rates and the cost of obtaining the charging order.
(2) Despite subsection (1), the court must not make an order unless it is satisfied,—
(a) if the land is vested in trustees, that all reasonable steps have been taken by the local authority to obtain payment of the rates from the trustees; or
(b) if a person is liable to pay the rates because section 96 applies, that—
(i) the local authority has taken proceedings against that person to recover judgment for all or some of the rates and has been unable to recover the amount of the judgment; or
(ii) having regard to all the circumstances of the case, those proceedings are unlikely to result in the rates being recovered.
(3) Subsection (2) does not override section 108
104
Effect of charging order
If a charging order is made under section 101, no owner may deal with the land except—
(a) with the consent of the local authority; or
(b) with the leave of the Māori Land Court.
105
Charging order in force until discharged
(1) A charging order made against Māori freehold land under section 101 (or under the corresponding section of a former Act) is in force until it is discharged.
(2) Subsection (1) does not override section 113 of this Act or the Limitation Act 2010.
106
Consolidation of charging orders
The Māori Land Court may consolidate more than 1 order against the same land into 1 order for the total amount of rates due and discharge previous charging orders.
107
Charging order apportioned if land partitioned
(1) If a rating unit subject to a charging order made under section 101 is partitioned, the charging order must be apportioned according to the area of each partition.
(2) Despite subsection (1), the Māori Land Court, in its discretion, may make an order that apportions the charge in any other manner that it considers fair and equitable.
108
Māori Land Court may enforce charging order
(1) If a charging order made under section 101 remains unsatisfied for 6 months, the local authority may apply to the Māori Land Court to enforce the charging order under subsection (2).
109
Scope of order
An order made under section 108(2)—
(a) must provide for the receiver or trustees, as the case may be, to satisfy the charging order; and
(b) may authorise the receiver or trustees, as the case may be, on behalf of the owners, to recover—
(i) money from any other person for the past use of the land by that person; or
(ii) the amount of rates payable for that land during that person’s use of the land.
110
Cancellation of order to enforce charging order
The Māori Land Court must cancel an order made under section 108(2) if, within 2 months after the making of that order, an owner of the land satisfies the court that—
(a) all outstanding rates have been paid; and
(b) proper provision has been made for the payment of future rates.
111
Māori Land Court may make order for payment
(1) If the Māori Land Court has made a charging order under section101, the court may, on application from the local authority, make an order for the payment of unpaid rates by the Māori Trustee or any other person who holds, or is entitled to receive, on trust for the owners of the land, any money derived from the land.
112
Discharge of charging order in full or in part
(1) A charging order made under section 101 must be discharged if—
(a) the rates for the land subject to the charging order have been paid; or
(b) the rates have been remitted by the local authority under section 85.
(2) If subsection (1) applies, either—
(a) the Māori Land Court must, by order of the court, discharge the charging order; or
(b) the local authority must discharge the charging order in writing.
(3) If the rates are paid in part or are remitted in part, the Māori Land Court or the local authority, as the case may be, must discharge the charging order in proportion to the amount of the rates paid or the amount for which the rates are remitted.
113
Notation and registration of discharge
(1) If a discharge of a charging order is granted under section 112, the Registrar of the Māori Land Court must endorse the charging order,—
(a) if the discharge relates to the full amount of the unpaid rates, as being discharged in full; and
(b) if the discharge relates to part of the unpaid rates, as being partially discharged, both as to the amount of the rates remaining unpaid and the portion of the land affected by the charging order.
(2) A discharge referred to in section 112 must be registered in accordance with the provisions of section 123 or section 124 of
Te Ture Whenua Māori Act 1993, as the case may require, with any necessary modifications.
(3) In the case of a partial discharge, the charging order must be registered only as to the balance of the money and the residue of the land affected.
114
Remission of rates
(1) A local authority may remit all or part of the rates (including penalties for unpaid rates) on Māori freehold land if—
(a) its policy on the remission and postponement of rates on Māori freehold land adopted under section 102(1) of the Local Government Act 2002 includes provision for the remission of the rates; and
(b) the local authority is satisfied that the conditions and criteria in the policy are met.
(2) Sections 85(2) and 86 apply to a remission made under subsection (1).
(3) This section does not limit the application of section 85 to Māori freehold land.
115
Postponement of requirement to pay rates
(1) A local authority must postpone the requirement to pay all or part of the rates on Māori freehold land (including penalties for unpaid rates) if—
(a) its policy on the remission and postponement of rates on Māori freehold land adopted under section 102(1) of the Local Government Act 2002 includes provision for the postponement of the requirement to pay rates; and
(b) the ratepayer has applied in writing for a postponement; and
(c) the local authority is satisfied that the conditions and criteria in the policy are met.
(2) Sections 87(2), and 88 to 90 apply to postponements made under subsection (1).
(3) This section does not limit the application of section 87 to Māori freehold land.
116
Exemption of Māori freehold land from rates
(1) The Governor-General, by Order in Council made on the recommendation of the Māori Land Court and with the consent of the local authority in whose district the land is situated, may exempt Māori freehold land, as specified in the order, from some or all liability for rates.
(2) An order made under subsection (1) may, at any time, be varied or cancelled by Order in Council.
(3) In determining whether to consent to an order under subsection (1) or whether to seek an order under subsection (2), the local authority must consider—
(a) the provisions of the policy on the remission and postponement of rates on Māori freehold land adopted by the local authority under section 102(1) of the Local Government Act 2002; and
(b) the objectives set out in Schedule 11 of the Local Government Act 2002.
117
Effect of exemption
(1) An order made under section 116 may—
(a) apply to specified Māori freehold land or to any specified class of that land; and
(b) release the persons liable from liability for rates that were unpaid before the order was made.
(2) If an order is made under section 116, the local authority must write off any rates referred to in subsection (1)(b).
Schedule 1
Part 1 Land fully non-rateable
...
10 Land that does not exceed 2 hectares and that is used as—
(a) a cemetery, crematorium, or burial ground, within the meaning of section 2(1) of the Burial and Cremation Act 1964 (except a burial ground or crematorium that is owned and conducted for private pecuniary profit):
(b) a Māori burial ground.
11 Māori customary land.
12 Land that is set apart under section 338 of Te Ture Whenua Māori Act 1993 or any corresponding former provision of that Act and
(a) that is used for the purposes of a marae or meeting place and that does not exceed 2 hectares; or
(b) that is a Māori reservation under section 340 of that Act.
13 Māori freehold land that does not exceed 2 hectares and on which a Māori meeting house is erected.
14 Māori freehold land that is, for the time being, non-rateable by virtue of an Order in Council made under section 116 of this Act, to the extent specified in the order.
...
-
SECTION
OBLIGATION TO MĀORI
7
7 Treaty of Waitangi (te Tiriti o Waitangi)
In order to take account of the Treaty of Waitangi (te Tiriti o Waitangi), this Act recognises, and promotes the exercise of, customary interests of Māori in the common marine and coastal area by providing,—
(a) in subpart 1 of Part 3, for the participation of affected iwi, hapū, and whanau in the specified conservation processes relating to the common marine and coastal area; and
(b) in subpart 2 of Part 3, for customary rights to be recognised and protected; and
(c) in subpart 3 of Part 3, for customary marine title to be recognised and exercised.
11
Special status of common marine and coastal area
(1) The common marine and coastal area is accorded a special status by this section.
(2) Neither the Crown nor any other person owns, or is capable of owning, the common marine and coastal area, as in existence from time
to time after the commencement of this Act.
(3) On the commencement of this Act, the Crown and every local authority are divested of every title as owner, whether under any enactment or otherwise, of any part of the common marine and coastal area.
(4) Whenever, after the commencement of this Act, whether as a result of erosion or other natural occurrence, any land owned by the Crown or a local authority becomes part of the common marine and coastal area, the title of the Crown or the local authority as owner of that land is, by this section, divested.
(5) The special status accorded by this section to the common marine and coastal area does not affect—
(a) the recognition of customary interests in accordance with this Act; or
(b) any lawful use of any part of the common marine and coastal area or the undertaking of any lawful activity in any part of the common marine and coastal area; or
(c) any power to impose, by or under an enactment, a prohibition, limitation, or restriction in respect of a part of the common marine and coastal area; or
(d) any power or duty, by or under an enactment, to grant resource consents or permits (including the power to impose charges) within any part of the common marine and coastal area; or (e) any power, by or under an enactment, to accord a status of any kind to a part of the common marine and coastal area, or to set aside a part of the common marine and coastal area for a specific purpose; or
(f) any status that is, by or under an enactment, accorded to a part of the common marine and coastal area or a specific purpose for which a part of the common marine and coastal area is, by or under an enactment, set aside, or any rights or powers that may, by or under an enactment, be exercised in relation to that status or purpose.
(6) In this section, enactment includes bylaws, regional plans, and district plans.
14
Roads located in marine and coastal area
(1) Any road, whether formed or unformed, that is in the marine and coastal area on the commencement of this Act is not part of the common marine and coastal area.
(2) A certificate signed and dated by the responsible Minister may state, in respect of an unformed road to which subsection (1) applies,—
(a) that the formation of the road has commenced; or
(b) that the Minister believes that the formation of the road is intended to be commenced, having regard to any evidence that the Minister considers relevant, including, without limitation, any resource consent or other authorisation for that formation or any application or proposed application for such consent or authorisation.
(3) If, on the day before any quinquennial anniversary, an unformed road to which subsection (1) applies continues in existence as an unformed road, then that road is deemed to be stopped, and becomes part of the common marine and coastal area on that anniversary, unless a current certificate has been signed and dated in respect of that road.
(4) If a road to which subsection (1) applies continues to be unformed for at least 15 years after the commencement of this Act, the road is deemed to be stopped, and becomes part of the common marine and coastal area, on the date that the responsible Minister, in his or her discretion, signs and dates a certificate stating that—
(a) the formation of the road has not commenced; and
(b) the Minister believes that there is no longer an intention to commence the formation of the road.
(5) An unformed road that, after the commencement of this Act, comes into existence in the marine and coastal area is part of the common marine and coastal area.
(6) However, if a road to which subsection (5) applies is formed, the road ceases to be part of the common marine and coastal area on the day on which its formation is completed.
(7) In any case where a road in the marine and coastal area is not part of the common marine and coastal area, the ownership, management, and control of the road is determined and governed by the enactments that apply to the road.
(8) Nothing in this section (except subsection (7)) and in section 15 applies to a private road.
(9) In this section,—
current certificate means a certificate under subsection (2) that is dated not earlier than 6 months before the relevant quinquennial anniversary;
formation and form have the same meaning as in section 2(1) of the Local Government Act 1974;
private road has the same meaning as in section 315(1) of the Local Government Act 1974;
quinquennial anniversary means any date that is the fifth, tenth, or 15th anniversary of the commencement of this Act.18
Rights of owners of structures
(1) This section applies to any structure that is, on or after the commencement of this Act, fixed to, or under or over, any part of the common marine and coastal area.
(2) Each structure to which this section applies—
(a) is to be regarded as personal property and not as land or as an interest in land; and
(b) does not form part of the common marine and coastal area.
(3) A person who, immediately before the commencement of this Act, had an interest in a structure to which this section applies continues to have that interest in the structure as personal property until the person’s interest is changed by a disposition or by operation of law.
(4) A person is presumed, unless the contrary is shown, to own a structure to which this section applies if the person holds a resource consent for the occupation of the part of the common marine and coastal area in which the structure is located.
(5) Any authority, in force immediately before the commencement of this Act, by which the Crown, a Minister, an officer, an employee, a department, an instrument of the Crown, or a local authority is authorised to exercise and perform powers, duties, or functions in respect of a structure to which this section applies continues to be in force according to its tenor until it is changed or ceases to have effect by a lawful direction, disposition, or by operation of law.
19
Crown deemed to be owner of abandoned structures
(1) The Crown is deemed to be the owner of any structure that is abandoned in the common marine and coastal area.
(2) For the purposes of this section, a structure is abandoned if the regional council with statutory functions in the part of the common marine and coastal area in which the structure is located has, after due inquiry, been unable to ascertain the identity or the whereabouts of the owner of the structure.
(3) Where the ownership of a structure in the common marine and coastal area is uncertain, the regional council must undertake an inquiry under subsection (2) if there is no current resource consent in respect of the structure.
(4) Every inquiry under subsection (2) must be undertaken in accordance with regulations made under section 118.
(5) Nothing in this section makes the Crown liable—
(a) for any breaches committed, in respect of a structure, before the Crown became the deemed owner of the structure; or
(b) for any effects attributable to anything done or omitted, in respect of a structure, before the Crown became the deemed owner of the structure; or
(c) to comply with any requirement in respect of the structure that does not relate to a matter of health or safety or to a significant adverse effect on the environment.
20
Act does not affect existing resource consents or lawful activities
Nothing in this Act limits or affects—
(a) any resource consent granted before the commencement of this Act; or
(b) any activities that can be lawfully undertaken without a resource consent or other authorisation.
55
Effect of protected customary rights on resource consent applications
(1) This section applies if an application for a resource consent for an activity to be undertaken wholly or in part within a protected customary rights area is lodged on or after the date that—
(a) a protected customary rights agreement comes into effect under section 96(1)(a); or
(b) a protected customary rights order is sealed in accordance with section 113.
(2) A consent authority must not grant a resource consent for an activity (including a controlled activity) to be carried out in a protected
customary rights area if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, unless—
(a) the relevant protected customary rights group gives its written approval for the proposed activity; or
(b) the activity is one to which subsection (3) applies.
(3) The existence of a protected customary right does not limit or otherwise affect the grant of—
(a) a coastal permit under the Resource Management Act 1991 to permit existing aquaculture activities to continue to be carried out in a specified part of the common marine and coastal area,—
(i) regardless of when the application is lodged or whether there is any change in the species farmed or in the method of marine farming; and
(ii) provided that there is no increase in the area, or change to the location, of the coastal space occupied by the aquaculture activity for which the existing coastal permit was granted; or
(b) a resource consent under section 330A of the Resource Management Act 1991 for an emergency activity (within the meaning of section 63) undertaken in accordance with section 330 of that Act, as if the emergency activity were an emergency work to which section 330 applies; or
(c) a resource consent for an existing accommodated infrastructure (within the meaning of section 63) if any adverse effects of the proposed activity on the exercise of a protected customary right will be or are likely to be—
(i) the same or similar in character, intensity, and scale as those that existed before the application for the resource consent was lodged; or
(ii) if more than minor or temporary in nature; or
(d) a resource consent for a deemed accommodated activity (within the meaning of section 65(1)(b)(i)).
(4) In the case where a deemed accommodated activity within the meaning of section 65(1)(b)(i) applies, the consent authority must, when considering applications for a resource consent relating to that activity, have particular regard to the nature of the protected customary right.
(5) The provisions of Part 1 of Schedule 1 apply for the purposes of subsections (2) and (3).
63
Interpretation
In this section and in sections 64 and 65,
accommodated infrastructure means infrastructure (including structures and associated operations) that is—
(a) lawfully established; and
(b) owned, operated, or carried out by 1 or more of the following:
(i) the Crown, including a Crown entity;
(ii) a local authority or a council-controlled organisation;:
(iii) a network utility operator (within the meaning of section 166 of the Resource Management Act 1991);
(iv) an electricity generator (as defined in section 2(1) of the Electricity Act 1992);
(v) a port company (as defined in section 2(1) of the Port Companies Act 1988);
(vi) a port operator (as defined in section 650J(6) of the Local Government Act 1974); and
(c) reasonably necessary to—
(i) the national social or economic well-being; or
(ii) the social or economic well-being of the region in which the infrastructure is located
associated operations means activities that are necessary for the functioning of an accommodated infrastructure, including—
(a) an activity carried out under a resource consent granted under the Resource Management Act 1991 to permit existing accommodated infrastructure to continue in the same location; and
(b) maintenance, remedial, and restoration work; and (c) the upgrading of existing infrastructure, but only if the effects on the environment of the upgraded infrastructure, assessed at the date when an application is made to upgrade the existing infrastructure, are to be the same or similar in character, intensity, and scale as the effects of the infrastructure that is being upgraded; and
(d) the replacement of a part of existing infrastructure by a new part of the same or similar nature; and
(e) the relocation of existing infrastructure, if—
(i) that is necessary for the continuing operation of the infrastructure; and
(ii) the effects on the environment of the new location, assessed at the date when an application is made to relocate the existing infrastructure, are the same or similar in character, intensity, and scale as the effects of the infrastructure in its previous location; and
(f) dredging as part of the ongoing operation of a port.
64
Accommodated activities
(1) An accommodated activity—
(a) may be carried out in a part of the common marine and coastal area despite customary marine title being recognised in respect of that part under subpart 1 or 2 of Part 4; and
(b) is not limited or otherwise affected by the exercise of an RMA permission right or a conservation permission right; but
(c) does not limit or otherwise affect the exercise of any other right referred to in section 62(1).
(2) For the purposes of this subpart, accommodated activity means any of the following activities, to the extent that they are within a customary marine title area:
(a) an activity authorised under a resource consent, whenever granted, if the application for the consent is first accepted by the consent authority before the effective date;
(b) an activity that may be carried out under a resource consent, whenever granted, for a minimum impact activity (as defined in section 2(1) of the Crown Minerals Act 1991) relating to petroleum (as defined in section 2(1) of that Act);
(c) accommodated infrastructure;
(d) the management activities for which a resource consent is required in relation to—
(i) an existing marine reserve;
(ii) an existing wildlife sanctuary;
(iii) an existing marine mammal sanctuary;
(iv) an existing concession;
(e) an activity carried out under a coastal permit granted under the Resource Management Act 1991 to permit existing aquaculture activities to continue to be carried out in a specified part of the common marine and coastal area,—
(i) regardless of when the application is lodged or whether there is any change in the species farmed or in the method of marine farming; but
(ii) provided that there is no increase in the area, or change of location, of the coastal space occupied by the aquaculture activities for which the existing coastal permit was granted;
(f) an emergency activity;
(g) scientific research or monitoring that is undertaken or funded by—
(i) the Crown;
(ii) any Crown agent;
(iii) the regional council with statutory functions in the region where the research or monitoring is to take place;
(h) a deemed accommodated activity.
(3) Subsection (4) applies if, in relation to whether an activity is an accommodated activity, there is a dispute between—
(a) a customary marine title group; and
(b) the person who owns, operates, or carries out the activity that is the subject of the dispute.
(4) Either party to the dispute may refer the dispute to the Minister for Land Information for resolution.
(5) The decision of the Minister is final.
65
Deemed accommodated activities
(1) For the purpose of section 64(2)(h) and Schedule 2, the following activities are deemed to be accommodated activities:
(a) the construction or operation of any proposed infrastructure that—
(i) is within the meaning of paragraph (b) of the definition of accommodated infrastructure; and
(ii) cannot practicably be constructed or operated in any location other than within a customary marine title area; and
(iii) is essential for—
(A) the national social or economic well-being; or
(B) the social or economic well-being of the region in which the infrastructure is located; and
(iv) in any case where the construction of infrastructure is to take place at any time after the commencement of this Act, that construction is either—
(A) agreed in principle in accordance with Part 1 of Schedule 2 (subject to all necessary consents being obtained) by the group that holds a customary marine title order in the area relevant to the proposed infrastructure; or
(B) classified by the Minister for Land Information as a deemed accommodated activity (subject to all necessary resource consents being obtained) in accordance with Part 1 of Schedule 2;
(b) any activity—
(i) that, at any time after the commencement of this Act, is necessary for, or reasonably related to, prospecting, exploration, mining operations, or mining (as those terms are defined in section 2(1) of the Crown Minerals Act 1991) for petroleum under a privilege; and
(ii) for which an agreement or an arbitral award has been made under Part 2 of Schedule 2;
(c) any activity—
(i) that, at any time after the commencement of this Act, is necessary for, or reasonably related to, the exercise of a privilege in existence immediately before the effective date and of the rights associated with that privilege, as provided for in section 84(1); and
(ii) for which an agreement or arbitral award has been made under Part 2 of Schedule 2.
(2) Nothing in subsection (1)(a) or (b) limits the discretion of a consent authority—
(a) to decline an application for a resource consent; or
(b) to impose conditions on the resource consent.
66
Scope of Resource Management Act 1991 permission right
(1) An RMA permission right applies to activities that are to be carried out under a resource consent, including a resource consent for a controlled activity, to the extent that the resource consent is for an activity to be carried out within a customary marine title area.
(2) A customary marine title group may give or decline permission, on any grounds, for an activity to which an RMA permission right applies.
(3) Permission given by a customary marine title group cannot be revoked.
(4) An RMA permission right does not apply to the grant or exercise of a resource consent for an accommodated activity.
(5) An RMA permission right, or permission given under such a right, does not limit the discretion of a consent authority—
(a) to decline an application for a resource consent; or
(b) to impose conditions.
(6) In this section, consent authority includes the Minister of Conservation and the Minister for the Environment exercising the powers of a consent authority under the Resource Management Act 1991.
67
Procedural matters relevant to exercise of RMA permission right
(1) A person seeking to carry out an activity (the applicant) to which an RMA permission right applies—
(a) must make a request for permission by notice to the relevant customary marine title group; and
(b) may do so at any time before the relevant resource consent may commence.
(2) The customary marine title group must—
(a) notify in writing its decision on a request for permission to—
(i) the applicant who gave notice under subsection (1); and
(ii) the relevant consent authority; and
(b) if permission is given, specify—
(i) the activity for which permission is given; and
(ii) the applicant who is to have the benefit of the permission; and
(iii) the duration of the permission.
(3) Unless the customary marine title group has already notified its decision to the applicant under subsection (2), it must do so not later than 40 working days after it receives a notice from the applicant that the applicant has been granted the relevant resource consent (whether or not the applicant had previously notified the customary marine title group of the application).
(4) The customary marine title group is to be treated as having given permission for the resource consent, for its duration, if notice of its decision is not received by the applicant in accordance with subsection (3).
(5) In subsection (3), the grant of a resource consent means that the consent has been granted and any appeal rights exhausted, and that the resource consent would, but for the requirement for the permission of the customary marine title group, commence under section 116 of the Resource Management Act 1991.
68
Effect of RMA permission right
(1) The holder of a resource consent for an activity in a customary marine title area to which an RMA permission right applies must not commence the activity to which the consent applied unless—
(a) permission has been given by the relevant customary marine title group under section 66(2) for that activity; and
(b) the permission covers the activity to which the resource consent applies.
(2) To avoid doubt, a decision of a customary marine title group to give or to decline permission for an activity is not subject to—
(a) a right of appeal; or
(b) a right of objection under section 357 or 357A of the Resource Management Act 1991.
81
Compliance
(1) A local authority that has statutory functions in the location of a wāhi tapu or wāhi tapu area that is subject to a wāhi tapu protection right must, in consultation with the relevant customary marine title group, take any appropriate action that is reasonably necessary to encourage public compliance with any wāhi tapu conditions.
88
Obligation on local authorities
(1) This section applies if a planning document is lodged with a local authority that has statutory functions in the district or region where the customary marine title area is located.
(2) On and after the date that a planning document is registered, the local authority must take the planning document into account when making any decision under the Local Government Act 2002 in relation to the customary marine title area.
93
Obligations on regional councils in relation to planning documents
Preliminary obligations
(1) A regional council with functions in a region where 1 or more planning documents are registered in accordance with section 86 must, until the requirements of subsection (5) have been completed, attach the planning documents to copies of its relevant regional
documents that it makes publicly available.
Identification and application of resource management matters included in planning document
(2) Between the time that a planning document is lodged under section 86(1) and the time it is deemed to be registered under section 86(2), a regional council must identify the matters in the planning document that relate to resource management issues within its functions under the Resource Management Act 1991, to the extent that those matters are relevant within—
(a) the customary marine title area to which the planning document relates; and
(b) any parts of the common marine and coastal area to which the planning document relates other than the customary marine title area.
(3) When considering, under section 104 of the Resource Management Act 1991, a resource consent application for an activity that would, if the consent were granted, directly affect, wholly or in part, the area to which the planning document applies, a consent authority of a regional council must have regard to any matters identified under subsection (2).
(4) The obligation under subsection (3) applies only to the matters in respect of which a regional council is able to exercise discretion.
(5) The obligation under subsection (3) continues until—
(a) a regional document, altered in accordance with this section, becomes operative in accordance with Schedule 1 of the Resource Management Act 1991; or
(b) 30 working days after the date that the customary marine title group is informed of the decision under subsection (11) that no alterations are to be made to the relevant regional documents.
Obligationswith respect to relevant regional documents
(6) A regional council must initiate a process to determine whether to alter its relevant regional documents, if and to the extent that any alteration would achieve the purpose of the Resource Management Act 1991, in order to—
(a) recognise and provide for any matters identified under subsection (2)(a); and
(b) take into account any matters identified under subsection (2)(b).
(7) The process required by subsection (6) may be commenced—
(a) at any time after a planning document is registered; but
(b) not later than the first proposed change to, or variation or review of, any provision in a relevant regional document that applies to a customary marine title area.
(8) In making a determination under subsection (6), a regional council must consider the extent to which alterations must be made to its relevant regional documents to—
(a) recognise and provide for the matters in a planning document that relate to the customary marine title area; and
(b) take into account the matters in a planning document that relate to the parts of the common marine and coastal area other than the customary marine title area.
(9) The obligations on a regional council under subsection (8) must be carried out in accordance with the requirements and procedures that relate to regional documents in—
(a) Part 5 of the Resource Management Act 1991; and
(b) Schedule 1 of that Act.
(10) A regional council may decide, in conducting the process required by subsection (6), not to alter its relevant regional documents, but only on the grounds that the matters in the planning document—
(a) are already provided for in a relevant regional document; or
(b) would not achieve the purpose of the Resource Management Act 1991; or
(c) would be more effectively and efficiently addressed in another way.
(11) If a regional council determines that no alterations should be notified in a proposed policy statement or plan that is notified under clause 5 of Schedule 1 of the Resource Management Act 1991, it must inform the customary marine title group in writing and provide reasons for its decision within 5 working days of that decision.
(12) If an application is made to a regional council under Part 2 of Schedule 1 of the Resource Management Act 1991 for a private plan change that includes a customary marine title area in respect of which a planning document has been lodged,—
(a) the provisions of Part 2 of that schedule apply to the application, subject to the regional council having regard to any matters in the planning document when making a decision under clause 25 of that schedule; and
(b) if the private plan change is not rejected or treated as a resource consent application, the regional council must adopt the request and initiate the process required by subsection (6).
Schedule 1
Resource consents and controls in protected customary rights area
clause 3
Process if grant of resource consent has effect of cancelling protected customary right
(1) If the effect of carrying out an activity under a resource consent granted in the circumstances contemplated by clause 2 would be permanently to cancel a protected customary rights order or agreement, in whole or in part,—
(a) the protected customary rights group must apply, as the case requires,—
(i) to the High Court under section 111 to vary or cancel the order; or
(ii) to the responsible Minister to vary or cancel an agreement; and
(b) a decision by the consent authority to grant a resource consent for the proposed activity is of no effect until the application referred to in paragraph (a) has been—
(i) determined by the High Court under section 111 and all appeal rights have been pursued, and registered under section 114; or
(ii) agreed to by the responsible Minister as if it were an application for an agreement to which sections 95, 96, and 114 apply.
(2) If the High Court or the responsible Minister, as the case requires, declines an application to cancel a protected customary rights order, the relevant resource consent must be treated as if it were declined by the consent authority.
clause 4
Assessment of effects of exercise of protected customary rights
(1) An enforcement officer authorised in writing for the purpose by a local authority may do any of the following for the purpose of assessing the effects on the environment of the exercise of a protected customary right:
(a) carry out surveys, investigations, tests, or measurements;
(b) take samples of any water, air, soil, or vegetation;
(c) enter or re-enter land (except a dwelling house).
(2) These powers may be exercised—
(a) at any reasonable time; and
(b) with or without assistance, vehicles, appliances, machinery, or equipment reasonably necessary for the purpose.
Schedule 2
Process by which certain new activities in customary marine title area become deemed accommodated activities
-
SECTION
OBLIGATION TO MĀORI
9
Crown’s obligations in respect of new space
(1) The Crown must ensure that the trustee is provided with settlement assets that are representative of 20% of the new space by way of 1 or more of the following:
(a) the provision of authorisations to apply to occupy space in the coastal marine area for the purpose of aquaculture activities and any payment required by section 13(4);
(b) the payment of a financial equivalent of that space:
(c) entering into 1 or more regional agreements under section 10.
(2) The settlement assets provided under subsection (1)(a) must be representative of 20% of the anticipated new space.
10
Regional agreements relating to newspace
(1) The Crown may enter into 1 or more agreements (including by deed) in respect of 1 or more regions if the Crown and the parties referred to in section 29A(2) all agree that the Crown’s obligations under section 9 will be satisfied in respect of the regions on the terms set out in the agreement or the agreements.
(2) Sections 29A(3), (40, (6) and (7) apply to an agreement entered into under this section.
(3) An agreement under this section may provide for settlement of the Crown’s obligations on any basis acceptable to the Crown and the other parties.
11
Settlement in negotiation period
(1) The Crown must use its best endeavours to negotiate and enter into regional agreements under section 10 that provide for the Crown to meet its obligations under section 9.
(2) The Crown must do so within the following periods:
(a) within 2 years after the commencement of the Māori Commercial Aquaculture Claims Settlement Amendment Act 2011 for the following:
(i) the Northland region:
(ii) the east coast of the Waikato region, which is to be treated as a separate region:
(iii) the Tasman region:
(iv) the Marlborough region:
(b) for all other regions, whichever is the later of the following:
(i) within 3 years after the commencement of the Māori Commercial Aquaculture Claims Settlement Amendment Act 2011; or
(ii) within 2 years after the receipt of the first resource consent application for the purpose of aquaculture activities after the commencement of the Māori Commercial Aquaculture Claims Settlement Amendment Act 2011 (not being an application to which section 165ZH of the Resource Management Act 1991 applies).
(3) The Minister may, by notice in the Gazette, extend a period specified in subsection (2).
(4) The Minister may not give a notice under subsection (3) unless the Minister—
(a) has consulted the trustee and the iwi aquaculture organisations, mandated iwi organisations, or recognised iwi organisations with whom the regional agreement under section 10 is being negotiated; and
(b) is satisfied that reasonable steps have been taken to negotiate an agreement and that the proposed extension is likely to enable a regional agreement under section 10 in respect of the initial settlement period to be entered into.
(5) If, at the conclusion of the relevant period specified in subsection (2) (or any extension), there is no regional agreement under section 10 that relates to settlement in a region, the Crown must—
(a) arrange, in accordance with section 14, for authorisations in any relevant aquaculture settlement areas in the region to be provided to the trustee in accordance with section 9(1)(a); but
(b) if insufficient authorisations are available to be provided to the trustee to meet the Crown’s obligations as set out in section 9, pay the difference to the trustee in accordance with section 9(1)(b).
12
Gazetting space for settlement purposes
(1) For the purposes of preserving space to be used for meeting the Crown’s obligations under section 9, the Minister may, by notice in the
Gazette, declare space in the coastal marine area to be an aquaculture settlement area that is required to meet the obligations.
(2) The Minister—
(a) may, by notice in the Gazette, add to or remove space from an aquaculture settlement area; and
(b) must, if the Crown’s obligations are settled in respect of a region, remove, by notice in the Gazette, the space from an aquaculture settlement area that is not required to meet the obligations.
(3) Section 165E of the Resource Management Act 1991 applies in respect of applications for coastal permits made in an aquaculture settlement area.
(4) In determining whether an aquaculture settlement area will be representative for the purposes of meeting the Crown's obligations under section 9, the Minister must take into account—
(a) the suitability of the space for aquaculture activities; and
(b) the overall productive capacity of the anticipated new space available for aquaculture activities in each region.
(5) To avoid doubt, the Minister may exercise his or her powers under this section before the preparation of a plan under section 14.
13
Allocation of authorisations in aquaculture settlement area
(1) This section applies if the Crown is required, either under a regional agreement under section 10 or by section 11(5), to provide authorisations for space in an aquaculture settlement area to the trustee.
(2) The Minister must direct the regional council in whose region the relevant aquaculture settlement area is located to provide authorisations for aquaculture activities in the space to the trustee (whether or not the regional coastal plan would otherwise require a different allocation).
(3) A regional council must comply with a direction made under subsection (2).
(4) As soon as practicable after giving a direction under subsection (2), the Minister must,—
(a) if an assessment under section 14(4)(d)(iv) shows a difference in value under that provision, consult the trustee about whether a payment of the difference is required; and
(b) if the Minister decides that such a payment should be made, make the payment to the trustee.
(5) Clause 3(1)(b) of Schedule 1 does not apply to the provision of authorisations under this section.
(6) To avoid doubt, section 165R of the Resource Management Act 1991 applies in relation to the provision of authorisations under this section.
14
Preparation of plan
(1) The Minister must, by 31 December 2012, have started preparing a plan that—
(a) provides an assessment of the progress made by the Crown in complying with section 9; and
(b) to the extent that the Crown has not complied with section 9, provides how the Crown is going to comply with that provision; and
(c) establishes processes and methods for determining the value of the settlement assets to be delivered under section 9.
(2) In preparing the plan, the Minister must consult—
(a) the trustee; and
(b) all iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations—
(i) whose area of interest includes a part of the coastal marine area; and
(ii) in relation to which the Crown has not, by 31 December 2012, satisfied its obligations under this Act.
(3) As soon as practicable after completing the plan, the Minister must provide copies to the relevant regional council, the trustee, and the relevant iwi aquaculture organisations, mandated iwi organisations, and recognised iwi organisations.
(4) Without limiting subsection (1)(c), the processes and methods must—
(a) avoid increasing the demand for coastal permits, which would increase the value of space; and
(b) reduce the risk of collusion; and
(c) be cost effective for the Crown; and
(d) enable an assessment to be made of the following:
(i) the amount of anticipated new space in the region; and
(ii) the value that would be representative of each of the types of aquaculture expected to be developed in the anticipated new space in the region; and
(iii) the overall productive capacity of the anticipated new space available for aquaculture activities in each region; and
(iv) the difference in value between—
(A) the costs of obtaining, pursuant to an authorisation granted under this Act, a resource consent under the Resource Management Act 1991 that could commence under section 116A of that Act; and
(B) the costs of obtaining the resource consent pursuant to an authorisation had the authorisation been granted in relation to an aquaculture management area as at 1 January 2005.
16A
When authorisations allocated to trustee lapse
(1) Section 165T of the Resource Management Act 1991 does not apply to settlement assets.
(2) However, a settlement asset that is an authorisation does lapse if—
(a) a resource consent application for aquaculture activities has been declined in respect of the space that is subject to the authorisation; or
(b) a resource consent has been cancelled under section 116A(3) or (7) of the Resource Management Act 1991.
(3) If an authorisation that is a settlement asset is transferred and (as a result of the transfer) it ceases to be a settlement asset, the authorisation lapses 2 years after the date on which the holder gives a notice of transfer of the authorisation to the regional council under section 165S of the Resource Management Act 1991.
29A
Regional agreements
(1) The Crown may enter into an agreement (including by deed) in respect of 1 or more regions of regional councils, or of 1 or more harbours listed in Schedule 2, with the parties specified in subsection (2) if the Crown and those parties all agree that the Crown's obligation under section 22(1) will be satisfied in respect of those regions and harbours on the terms set out in the agreement.
(2) The parties referred to in subsection (1) are—
(a) the iwi aquaculture organisations of all iwi whose area of interest includes a region or harbour covered by the agreement; or
(b) for any iwi referred to in paragraph (a) that do not have iwi aquaculture organisations, the recognised iwi organisations of those iwi.
(3) A regional agreement must include—
(a) the trustee as a party to the agreement in order to confirm that the agreement has been entered into by the parties specified in subsection (2); or
(b) a provision that the agreement is conditional on the trustee confirming that the agreement has been entered into by those parties.
(4) To avoid doubt, a regional agreement is enforceable as a contract in accordance with its terms.
(5) Section 22(3)(c) does not prevent the Crown from making a payment to the trustee under a regional agreement before 1 January 2013.
(6) No court or tribunal has jurisdiction to inquire into the quantification or the adequacy of the benefits to be provided by or under a regional agreement.
(7) However, subsection (6) does not exclude the jurisdiction of a court or tribunal in respect of the interpretation or enforcement of a regional agreement.
30
Entry on iwi aquaculture register
(1) When the trustee receives settlement assets under this Act, it must record the settlement assets in the iwi aquaculture register.
(2) Any settlement assets in an aquaculture management area in a harbour listed in Schedule 2 must be recorded as harbour settlement assets.
(3) All other settlement assets must be recorded as coastal settlement assets.
(4) Information recorded in the register under this section must include the type of asset, the size of the asset, the location of the asset, and the region of the regional council in which the asset is located.
44
Determinations and allocations generally
(1) The trustee must make its determinations as to settlement assets allocation entitlements and its allocation of settlement assets separately on the basis of the region of each regional council and each harbour listed in Schedule 2.
(2) However, if a written agreement referred to in section 45(4) covers more than 1 region or harbour, the trustee may make its determinations as to settlement assets allocation entitlements and its allocation of settlement assets collectively on the basis of the regions and harbours covered by the agreement.
(3) For a region or harbour, the trustee must make either—
(a) a single determination for all of the settlement assets of the region or harbour; or
(b) 1 or more determinations for the settlement assets of the region or harbour covered by a regional agreement and a single determination for all the other settlement assets of the region or harbour.
(4) The trustee may amend a determination to give effect to a written agreement referred to in section 45(4) to the extent that the agreement relates to settlement assets under a regional agreement that was entered into after the written agreement and, if it does so, the amendment becomes a determination of settlement assets allocation entitlements.
-
SECTION
OBLIGATION TO MĀORI
2
Interpretation
In this Act, unless the context otherwise requires,—
..
legal proceedings means—
(a) proceedings before any court or tribunal named in Schedule 1; and
(b) proceedings before any Coroner; and
(c) proceedings before—
(i) any commission of inquiry under the Commissions of Inquiry Act 1908; or
(ii) any tribunal or other body having, by or pursuant to any enactment, the powers or any of the powers of such a commission of inquiry,—
that is required to inquire into and report upon any matter of particular interest to the Māori people or to any tribe or group of Māori people
4
Right to speak Māori in legal proceedings
(1) In any legal proceedings, the following persons may speak Māori, whether or not they are able to understand or communicate in English or any other language:
(a) any member of the court, tribunal, or other body before which the proceedings are being conducted:
(b) any party or witness:
(c) any counsel:
(d) any other person with leave of the presiding officer.
(2) The right conferred by subsection (1) to speak Māori does not—
(a) entitle any person referred to in that subsection to insist on being addressed or answered in Māori; or
(b) entitle any such person other than the presiding officer to require that the proceedings or any part of them be recorded in Māori.
(3) Where any person intends to speak Māori in any legal proceedings, the presiding officer shall ensure that a competent interpreter is available.
(4) Where, in any proceedings, any question arises as to the accuracy of any interpreting from Māori into English or from English into Māori, the question shall be determined by the presiding officer in such manner as the presiding officer thinks fit.
(5) Rules of court or other appropriate rules of procedure may be made requiring any person intending to speak Māori in any legal proceedings to give reasonable notice of that intention, and generally regulating the procedure to be followed where Māori is, or is to be, spoken in such proceedings.
(6) Any such rules of court or other appropriate rules of procedure may make failure to give the required notice a relevant consideration in relation to an award of costs, but no person shall be denied the right to speak Māori in any legal proceedings because of any such failure.
-
SECTION
OBLIGATION TO MĀORI
291
Preparation and consultation in respect of, and matters to be included in, regional marine oil spill contingency plans
(1) In preparing its draft regional marine oil spill contingency plan, a regional council shall ensure that,—
(a) the draft plan is consistent with the New Zealand marine oil spill response strategy and the national marine oil spill contingency plan; and
(b) the draft plan complies with any relevant requirements of the marine protection rules.
(2) In preparing under section 289 or reviewing under section 290, its draft regional marine oil spill contingency plan, a regional council shall consider the following matters:
(a) the regional marine oil spill contingency plans of regional councils with adjacent regions;
(b) such other marine oil spill contingency plans as it considers appropriate;
(c) any regional coastal plan applying to that region and prepared under the Resource Management Act 1991;
(d) any conservation management strategies and conservation management plans approved under section 17F or section 17G of the Conservation Act 1987 in respect of the coastal resources in its region;
(e) the harmful effects that marine oil spills may have on the marine environment and measures that can be taken to limit these effects;
(f) the substances that are suitable to contain and clean up marine oil spills;
(g) such other matters as it considers appropriate.
(3) In preparing under section 289 or reviewing under section 290, its draft regional marine oil spill contingency plan, a regional council shall consult—
(a) the Department of Conservation; and
(b) representatives of the tangata whenua within its region; and
(c) such persons who use the coastal resources within its region as the regional council considers appropriate; and
(d) any other persons whom the regional council considers appropriate.
-
SECTION
OBLIGATION TO MĀORI
17
Acquisition by agreement
(1) The Minister or a local authority may enter into an agreement to purchase any land for any public work for which the Crown or local authority, as the case may be, is responsible.
(2) Any agreement to sell land to the Crown or a local authority for public work under this section may be implemented by a declaration under section 20 or by a memorandum of transfer under the Land Transfer Act 1952 for the stated public work.
(3) [Repealed]
(4) If the land sought is—
(a) Māori freehold land as defined in section 2 of Te Ture Whenua Māori Act 1993; and
(b) beneficially owned by more than 4 persons; and
(c) not vested in any trustee or trustees—
the Minister, or any person authorised generally or particularly in writing by him, or the local authority, as the case may be, may apply to the Māori Land Court for the district in which the land is situated for an order under the provisions of Part 9 of the Māori Affairs Amendment Act 1974. The Māori Land Court shall deal with the application as if a notice under an enactment had been issued to the owners.
(5) If an agent is appointed by the Māori Land Court, he shall, subject to the terms of the appointment, be deemed to be the owner of the land for the purposes of entering into an agreement under this section and of executing any transfer or conveyance.
...
18
Prior negotiations required for acquisition of land for essential works
...
(5) If the land required is—
(a) Māori freehold land as defined in section 4 of Te Ture Whenua Māori Act 1993; and
(b) beneficially owned by more than 4 persons; and
(c) not vested in any trustee or trustees—
the Minister, or any person authorised generally or particularly in writing by him, or the local authority, as the case may be, before complying with the provisions of subsection (1), may apply to the Māori Land Court for the district in which the land is situated for an order under the provisions of Part 10 of Te Ture Whenua Māori Act 1993. The Māori Land Court shall deal with the application as if a notice under an enactment had been issued to the owners.
(6) If an agent is appointed by the Māori Land Court, he shall, subject to the terms of the appointment, be deemed to be the owner of the land for the purposes of this section.
23
Notice of intention to take land
...
(2) The provisions of this section requiring the names of the owners of the land to be shown on the plan of the land shall have no application in respect of any Māori land unless title to the land is registered under the Land Transfer Act 1952, but instead the plan shall be endorsed with the advice that the names of the owners may be obtained at the appropriate Māori Land Court. Entry on the Provisional Register shall not be deemed to be registration within the meaning of this subsection.
40
Disposal to former owner of land not required for public work
(1) Where any land held under this or any other Act or in any other manner for any public work—
(a) is no longer required for that public work; and
(b) is not required for any other public work; and
(c) is not required for any exchange under section 105—
the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority, as the case may be, shall endeavour to sell the land in accordance with subsection (2), if that subsection is applicable to that land.
(2) Except as provided in subsection (4), the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority, unless—
(a) he or it considers that it would be impracticable, unreasonable, or unfair to do so; or
(b) there has been a significant change in the character of the land for the purposes of, or in connection with, the public work for which it was acquired or is held—
shall offer to sell the land by private contract to the person from whom it was acquired or to the successor of that person—
(c) at the current market value of the land as determined by a valuation carried out by a registered valuer; or
(d) if the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority considers it reasonable to do so, at any lesser price.
(2A) If the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority and the offeree are unable to agree on a price following an offer made under subsection (2), the parties may agree that the price be determined by the Land Valuation Tribunal.
(3) Subsection (2) shall not apply to land acquired after 31 January 1982 and before the date of commencement of the Public Works Amendment Act (No 2) 1987 for a public work that was not an essential work.
(4) Where the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority believes on reasonable grounds that, because of the size, shape, or situation of the land he or it could not expect to sell the land to any person who did not own land adjacent to the land to be sold, the land may be sold to an owner of adjacent land at a price negotiated between the parties.
(5) For the purposes of this section, the term successor, in relation to any person, means the person who would have been entitled to the land under the will or intestacy of that person had he owned the land at the date of his death; and, in any case where part of a person's land was acquired or taken, includes the successor in title of that person.
41
Disposal of former Māori landwhen no longer required
Notwithstanding anything in sections 40 and 42, where any land to which section 40(2) applies was, immediately before its taking or acquisition,—
(a) Māori freehold land or General land owned by Māori (as those terms are defined in section 4 of Te Ture Whenua Māori Act 1993); and
(b) beneficially owned by more than 4 persons; and
(c) not vested in any trustee or trustees—
the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority, as the case may be, shall—
(d) comply with the requirements of section 40; or
(e) apply to the Māori Land Court for the district in which the land is situated for an order under section 134 of Te Ture Whenua Māori Act 1993.
42
Solatium payment for loss of opportunity to purchase
(1) Where—
(a) a recommendation made or deemed to have been made by the Waitangi Tribunal under section 8A of the Treaty of Waitangi Act 1975 for the return to Māori ownership of any land that is held for a public work takes effect as a final recommendation; or
(b) any provision of an Act of Parliament returns to Māori ownership any land that immediately before being so returned was held for a public work,—
any person (being the person from whom that land was acquired or the successor of the person from whom that land was acquired) who would, but for section 8A(5) of the Treaty of Waitangi Act 1975 or the effect of the Act of Parliament by which the land was returned to Māori ownership, have received in respect of that land in the normal course of events an offer under section 40 or section 41 may, at the time at which the offer would have been made, apply to the Land Valuation Tribunal for a solatium payment from the Crown for the loss of the opportunity to purchase the land.
(2) Every person who makes an application to the Land Valuation Tribunal under subsection (1) shall, as soon as practicable after making
that application, serve a copy of that application on the chief executive of the department within the meaning of section 2 of the Survey Act 1986.
(3) Subject to subsection (4), the Land Valuation Tribunal shall, in assessing the amount of any solatium payment payable under this section, take into account—
(a) the fact that the person from whom the land was acquired was paid, at the time of acquisition, the then market price as agreed or assessed; and
(b) any other payments made to the person from whom the land was acquired; and
(c) the fact that the offer under section 40 or section 41 would, in most cases, have been an offer to sell the land at the current market value of the land as determined by a valuation carried out by a registered valuer; and
(d) the reasonable likelihood of the offeree being financially capable of accepting the offer; and
(e) the degree of attachment that the offeree has to the land, including, in particular, the degree of attachment that exists by reason of the offeree or members of the offeree's family or both having been associated with the land over a considerable period of time; and
(f) the likely market value of the opportunity to purchase the land.
(4) No solatium payment payable under this section in respect of the loss of the opportunity to purchase any land shall exceed $20,000.
-
SECTION
OBLIGATION TO MĀORI
Part 1
Functions and powers of Valuer-General
5B
What constitutes rating unit if there is certificate of title
(1) For land for which there is a certificate of title, the land comprised in the certificate of title constitutes a rating unit.
(2) However, the Valuer-General may make rules under section 5(1)(c) for the purposes of determining whether particular land comprised in the following constitutes a rating unit:
(a) 2 or more certificates of title;
(b) part of a certificate of title.
(3) The Valuer-General may make rules—
(a) under subsection (2)(a) only for land—
(i) that is owned by the same person or persons; and
(ii) that is used jointly as a single unit; and
(iii) that is contiguous or separated only by a road, railway, drain, water race, river, or stream; and
(b) under subsection (2)(b) only for land—
(i) that is—
(A) owned by the Crown; or
(B) surveyed and subject to a separate lease registered under section 115 of the Land Transfer Act 1952; or
(C) Māori freehold land subject to an occupation order made by the Māori Land Court under section 328 of Te Ture Whenua Māori Act 1993 (or an equivalent order made under a former provision); and
(ii) that it is appropriate, in the opinion of the Valuer-General, to treat as if comprised in a separate certificate of title.
(3) If land in a rating unit is in 2 or more districts, the part in each district constitutes a separate rating unit.
5C
What constitutes rating unit if there is no certificate of title
(1) For land for which there is no certificate of title, what constitutes a rating unit must be determined in accordance with the following principles:
(a) for land owned by the Crown, a rating unit is the land that it is appropriate, in the opinion of the Valuer-General, to treat as if comprised in a certificate of title;
(b) for land not owned by the Crown, a rating unit is,—
(i) if an instrument exists, the land described in the instrument; or
(ii) if an instrument does not exist, the land that it would be appropriate, in the opinion of the Valuer-General, to sell or transfer as a separate property.
(2) The Valuer-General must make rules under section 5(1)(c) for the purposes of determining whether particular land, for which there is no certificate of title, constitutes a rating unit.
(3) The rules must be consistent with the principles in subsection (1).
(4) Despite subsection (3), the rules may include rules for the purposes of determining whether particular land in subsection (1) comprised in the following constitutes a rating unit:
(a) 2 or more pieces of land (which may include 1 or more pieces of land comprised in a certificate of title);
(b) part of a piece of land.
(5) The Valuer-General may make rules—
(a) under subsection (4)(a) only for land—
(i) that is owned by the same person or persons; and
(ii) that is used jointly as a single unit; and
(iii) that is contiguous or separated only by a road, railway, drain, water race, river, or stream; and
(b) under subsection (4)(b) only for land—
(i) that is—
(A) owned by the Crown; or
(B) Māori freehold land subject to an occupation order made by the Māori Land Court under section 328 of Te Ture Whenua Māori Act 1993 (or an equivalent order made under a former provision); and
(ii) that it is appropriate, in the opinion of the Valuer-General, to treat as if comprised in a separate certificate of title.
(6) If land in a rating unit is in 2 or more districts, the part in each district constitutes a separate rating unit.
(7) In this section, instrument—
(a) means an instrument under which ownership of the land is registered or recorded; and
(b) to avoid doubt, includes an order made by the Māori Land Court determining ownership of land.
7
Territorial authorities to prepare and maintain district valuation rolls
(1) Each territorial authority must prepare and maintain a district valuation roll for its own district in accordance with rules made under this Act.
(2) Each roll must contain the information in respect of each rating unit within the district that is required by the rules.
(3) Where the boundaries of the district of a territorial authority are altered, or a new district is constituted, the relevant territorial authorities must prepare such new rolls or make such alterations in existing rolls as may be necessary to give effect to the provisions of this Act.
-
SECTION
OBLIGATION TO MĀORI
4
(of the Conservation Act 1987)
Act to give effect to Treaty of Waitangi
This Act shall so be interpreted and administered as to give effect to the principles of the Treaty of Waitangi.
[note: this section applies to the Reserves Act 1977]
10
Delegation of Minister's powers
(1) The Minister may from time to time delegate any of his powers and functions under this Act (not being the power to approve any bylaw) to any ... local authority... either as to matters within his jurisdiction generally, or in any particular case or matter, or any particular class of cases or matters, or in respect of any reserve or reserves.
...
(3) Subject to any general or special directions given by the Minister, any person, committee, body, local authority, organisation, or officer to which or to whom any powers have been so delegated may exercise those powers in the same manner and with the same effect as if they had been directly conferred on that person, committee, body, local authority, organisation, or officer by this Act and not by delegation.
(4) Every person, committee, body, local authority, organisation, or officer purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation.
(5) Any such delegation may at any time be revoked by the Minister in whole or in any part, but that revocation shall not affect in any way anything done under the delegated authority.
(6) No such delegation shall prevent the exercise by the Minister himself of any of the powers and functions conferred on him by this Act.
12
Minister's powers
(1) Where the Minister considers that any private land or any interest in or over private land or any interest in a Crown lease should be acquired by the Crown for the purposes of a reserve or for the improvement, protection, or extension of or access to an existing reserve, or to establish a public right to wander at will on foot within specified limits in any reserve, or to provide recreational tracks in the countryside,—
(a) the Minister may, in the name and on behalf of Her Majesty, treat and agree for the purchase or taking on lease of the land or any interest therein or the acceptance of the land or interest therein as a gift, and for any such purpose enter into any contract he thinks fit; or
(b) the land or interest therein (other than a public right to wander therein) may be taken or otherwise acquired under the Public Works Act 1981;
provided that no Māori land or interest in Māori land may be taken under this paragraph without the consent of the Minister of Māori Affairs;
provided also that, notwithstanding anything in subsection (2) of section 23 of the Public Works Act 1981, where any Māori land in multiple ownership is proposed to be taken under the Public Works Act 1981 for the purposes of a reserve and the title to the land is not registered under the Land Transfer Act 1952, a copy of the notice and description referred to in subsection (1) of the said section 23 shall be served on the Registrar of the Māori Land Court in accordance with Part 10 of Te Ture Whenua Māori Act 1993, and the provisions of that Part shall apply accordingly.
...
25
Effect of revocation of reserve or change of classification or purpose
...
(3) Notwithstanding anything in subsection (1) or subsection (2), where any land the reservation of which is revoked had been transferred to the Crown by way of gift for the purposes of a reserve, the following provisions shall apply:
(a) the case of land that immediately before its transfer to the Crown was Māori land, the Minister, unless he considers it would not be in the public interest, shall offer the land, on such terms and conditions as he thinks fit, to the former owner or, if he is deceased, to his descendants, those descendants being as determined by order of the Māori Land Court:
(b) in the case of any other land, the Minister, unless he considers it would not be in the public interest, shall offer the land, on such terms and conditions as he thinks fit, to the former owner or, if he is deceased, to his personal representative.
...
46
Grant of rights to Māoris
(1) The Minister may from time to time, by notice in the Gazette, grant to Māoris the right to take or kill birds within any scenic reserve which immediately before the reservation or taking thereof was Māori land, provided the taking and killing of the birds would not be in contravention of the Wildlife Act 1953 or any regulations or Proclamation or notification under that Act.
(2) Where any scenic or historic reserve includes any ancestral burial grounds of Māoris, the Minister may, by notice in the Gazette, grant the right to bury or inter the remains of deceased Māoris in a place to be specified therein.
(3) Any rights so granted may at any time in like manner be withdrawn or varied by the Minister.
77A
Nga Whenua Rahui kawenata
(1) Notwithstanding any enactment or rule of law,—
(a) if satisfied that any Māori land or Crown land held under a Crown lease by Māori should be managed so as to preserve and protect—
(i) the natural environment, landscape amenity, wildlife or freshwater-life or marine-life habitat, or historical value of the land; or
(ii) the spiritual and cultural values which Māori associate with the land,—
the Minister may, subject to subsection (2), treat and agree with the owner or the lessee for a Nga Whenua Rahui kawenata to provide for the management of the land in a manner that will achieve those purposes;
(b) a Nga Whenua Rahui kawenata under this section may be in perpetuity or for any specific term or may be in perpetuity subject to a condition that at agreed intervals of not less than 25 years the parties to the Nga Whenua Rahui kawenata shall review the objectives, conditions, and continuance of the Nga Whenua Rahui kawenata; and on such review the parties may mutually agree that the Nga Whenua Rahui kawenata shall be terminated, or the owner or lessee may terminate the Nga Whenua Rahui kawenata on giving such notice (being not less than 6 months) as may be agreed. The Crown shall have regard to the manawhenua of the owner or lessee in any such review;
(c) while any Nga Whenua Rahui kawenata under this section remains in force, sections 93 to 105, as far as they are applicable and with the necessary modifications, but subject to the terms of the Nga Whenua Rahui kawenata, shall apply to the land affected thereby in all respects as if it were a reserve, notwithstanding that the land or the interest of the lessee may be sold or otherwise disposed of;
(d) every such Nga Whenua Rahui kawenata shall run with and bind the land that is subject to the burden of the Nga Whenua Rahui kawenata, and shall be deemed to be an interest in land for the purposes of the Land Transfer Act 1952;
(e) where a Nga Whenua Rahui kawenata is entered into under this section, the District Land Registrar of the land registration district affected, on the application of the Commissioner, shall, without fee, enter in the appropriate folio of the register relating to the land that is subject to the burden of the Nga Whenua Rahui kawenata a notification thereof;
(f) subject to sections 78, 82, 83, 84, 89, 90, 95, 105, and 110, any money payable as consideration for a Nga Whenua Rahui kawenata shall be paid out of money appropriated by Parliament; and references in those provisions to a conservation covenant shall be read as references to a Nga Whenua Rahui kawenata.
(2) In the case of a Crown lease other than a lease administered by the Department of Conservation, the consent of the Minister of Lands shall be required before a Nga Whenua Rahui kawenata is entered into, and that Minister may give consent subject to the inclusion of any condition in the Nga Whenua Rahui kawenata or conditions, and may agree to a reduction in rent if, having regard to the basis for fixing the rent, it appears fair and equitable to do so.
(3) In the case of a Crown lease administered by the Department of Conservation, the Minister may agree to a reduction in rent if, having regard to the basis for fixing the rent, it appears fair and equitable to do so.
(4) Where the burden of a Nga Whenua Rahui kawenata under this section applies to land comprising part of the land in a certificate or instrument of title, a District Land Registrar shall not enter in any register a notification of the Nga Whenua Rahui kawenata unless—
(a) the land to which the Nga Whenua Rahui kawenata relates is defined on an existing plan approved under the Land Transfer Act 1952 or a new plan approved under that Act; or
(b) the document incorporating the Nga Whenua Rahui kawenata is accompanied by a certificate given by the Surveyor-General, or the Chief Surveyor of the land district in which the land is situated, to the effect that the Nga Whenua Rahui kawenata is adequately described and properly defined—
(i) for the nature of the Nga Whenua Rahui kawenata; and
(ii) in relation to existing surveys made in accordance with regulations for the time being in force for the purpose; and
(iii) in accordance with standards agreed from time to time by the Director-General and either the Surveyor-General or Chief Surveyor, as the case may be.
86
Payment of rates on Māori reservations
Where—
(a) pursuant to subsection (12) of section 439 of the Māori Affairs Act 1953 (as added by section 11(2) of the Māori Purposes Act 1972), the notice constituting a Māori reservation under the said section 439 specifies that the reservation shall be held for the common use and benefit of the people of New Zealand; and
(b) pursuant to subsection (7) of that section, the Māori Land Court has vested the reservation in a body corporate or in trustees to hold and administer the reservation—
the Minister may, by agreement with the body corporate or the trustees, contribute towards the payment, out of money appropriated by Parliament for the purpose, of the whole or part of any rates from time to time levied on the land.
-
SECTION OBLIGATION TO MĀORI 5
Purpose
(1) The purpose of this Act is to promote the sustainable management of natural and physical resources.
(2) In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while—
(a) sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
(b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and
(c) avoiding, remedying, or mitigating any adverse effects of activities on the environment.
6
Matters of national importance
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance;
...
(e) the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga;
...
(g) the protection of protected customary rights.
7
Other matters
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to—
(a) kaitiakitanga;
...
8
Treaty of Waitangi
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
14
Restrictions relating to water
(3) A person is not prohibited by subsection (2) from taking, using, damming, or diverting any water, heat, or energy if:
...
(c) in the case of geothermal water, the water, heat, or energy is taken or used in accordance with tikanga Māori for the communal benefit of the tangata whenua of the area and does not have an adverse effect on the environment; or
...
33
Transfer of powers
(1) A local authority may transfer any 1 or more of its functions, powers, or duties under this Act, except this power of transfer, to another public authority in accordance with this section.
(2) For the purposes of this section, public authority includes—
...
(b) an iwi authority; and
...
(4) A local authority shall not transfer any of its functions, powers, or duties under this section unless—
(a) it has used the special consultative procedure set out in section 83 of the Local Government Act 2002; and
(b) before using that special consultative procedure it serves notice on the Minister of its proposal to transfer the function, power, or duty; and
(c) both authorities agree that the transfer is desirable on all of the following grounds:
(i) the authority to which the transfer is made represents the appropriate community of interest relating to the exercise or performance of the function, power, or duty;
(ii) efficiency;
(iii) technical or special capability or expertise.
(5) [Repealed]
(6) A transfer of functions, powers, or duties under this section shall be made by agreement between the authorities concerned and on such terms and conditions as are agreed.
(7) A public authority to which any function, power, or duty is transferred under this section may accept such transfer, unless expressly forbidden to do so by the terms of any Act by or under which it is constituted; and upon any such transfer, its functions, powers, and duties shall be deemed to be extended in such manner as may be necessary to enable it to undertake, exercise, and perform the function, power, or duty.
(8) A local authority which has transferred any function, power, or duty under this section may change or revoke the transfer at any time by notice to the transferee.
(9) A public authority to which any function, power, or duty has been transferred under this section, may relinquish the transfer in accordance with the transfer agreement.
35A
Duty to keep records about iwi and hapu
(1) For the purposes of this Act or regulations under this Act, a local authority must keep and maintain, for each iwi and hapū within its region or district, a record of—
(a) the contact details of each iwi authority within the region or district and any groups within the region or district that represent hapū for the purposes of this Act or regulations under this Act; and
(b) the planning documents that are recognised by each iwi authority and lodged with the local authority; and
(c) any area of the region or district over which 1 or more iwi or hapu exercise kaitiakitanga.
(2) For the purposes of subsection (1)(a) and (c),—
(a) the Crown must provide to each local authority information on—
(i) the iwi authorities within the region or district of that local authority and the areas over which 1 or more iwi exercise kaitiakitanga within that region or district; and
(ii) any groups that represent hapū for the purposes of this Act or regulations under this Act within the region or district of that local authority and the areas over which 1 or more hapū exercise kaitiakitanga within that region or district; and
(iii) the matters provided for in subparagraphs (i) and (ii) that the local authority has advised to the Crown; and
(b) the local authority must include in its records all the information provided to it by the Crown under paragraph (a).
(3) In addition to any information provided by a local authority under subsection (2)(a)(iii), the local authority may also keep a record of information relevant to its region or district, as the case may be,—
(a) on iwi, obtained directly from the relevant iwi authority; and
(b) on hapū, obtained directly from the relevant group representing the hapū for the purposes of this Act or regulations under this Act.
(4) In this section, the requirement under subsection (1) to keep and maintain a record does not apply in relation to hapū unless a hapū, through the group that represents it for the purposes of this Act or regulations under this Act, requests the Crown or the relevant local authority (or both) to include the required information for that hapū in the record.
(5) If information recorded under subsection (1) conflicts with a provision of another enactment, advice given under the other enactment, or a determination made under the other enactment, as the case may be,—
(a) the provision of the other enactment prevails; or
(b) the advice given under the other enactment prevails; or
(c) the determination made under the other enactment prevails.
(6) Information kept and maintained by a local authority under this section must not be used by the local authority except for the purposes of this Act or regulations under this Act.
36B
Power to make joint management agreement
(1) A local authority that wants to make a joint management agreement must—
(a) notify the Minister that it wants to do so; and
(b) satisfy itself—
(i) that each public authority, iwi authority, and group that represents hapū for the purposes of this Act that, in each case, is a party to the joint management agreement—
(A) represents the relevant community of interest; and
(B) has the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority; and
(ii) that a joint management agreement is an efficient method of performing or exercising the function, power, or duty; and
(c) include in the joint management agreement details of—
(i) the resources that will be required for the administration of the agreement; and
(ii) how the administrative costs of the joint management agreement will be met.
(2) A local authority that complies with subsection (1) may make a joint management agreement.
39
Hearings to be public and without unnecessary formality
...
(2) In determining an appropriate procedure for [a hearing], the authority shall—
...
(b) recognise tikanga Māori where appropriate, and receive evidence written or spoken in Māori and the Māori shall apply accordingly;
42
Protection of sensitive information
(1) A local authority may, on its own motion or on the application of any party to any proceedings or class of proceedings, make an order described in subsection (2) where it is satisfied that the order is necessary—
(a) to avoid serious offence to tikanga Māori or to avoid the disclosure of the location of waahi tapu; or
(b) to avoid the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information,—
and, in the circumstances of the particular case, the importance of avoiding such offence, disclosure, or prejudice outweighs the public interest in making that information available.
(2) A local authority may make an order for the purpose of subsection (1)—
(a) that the whole or part of any hearing or class of hearing at which the information is likely to be referred to, shall be held with the public excluded (which order shall, for the purposes of subsections (3) to (5) of section 48 of the Local Government Official Information and Meetings Act 1987, be deemed to be a resolution passed under that section);
(b) prohibiting or restricting the publication or communication of any information supplied to it, or obtained by it, in the course of any proceedings, whether or not the information may be material to any proposal, application, or requirement.
(3) An order made under subsection (2)(b) in relation to—
(a) any matter described in subsection (1)(a) may be expressed to have effect from the commencement of any proceedings to which it relates and for an indefinite period or until such date as the local authority considers appropriate in the circumstances;
(b) any matter described in subsection (1)(b) may be expressed to have effect from the commencement of any proceedings to which it relates but shall cease to have any effect at the conclusion of those proceedings—
and upon the date that such order ceases to have effect, the provisions of the Local Government Official Information and Meetings Act 1987 shall apply accordingly in respect of any information that was the subject of any such order.
(4) Any party to any proceedings or class of proceedings before a local authority may apply to the Environment Court for an order under section 279(3)(a) cancelling or varying any order made by the local authority under this section.
(5) Where, on the application of any party to any proceedings or class of proceedings, a local authority has declined to make an order described in subsection (2), that party may apply to the Environment Court for an order under section 279(3)(b).
61
Matters to be considered by regional council (policy statements)
(1) A regional council shall prepare and change its regional policy statement in accordance with its functions under section 30, the provisions of Part 2, and its duty under section 32 and any regulations.
(2) In addition to the requirements of section 62(2), when preparing or changing a regional policy statement, the regional council shall have regard to—
(a) any—
(i) management plans and strategies prepared under other Acts; and
(ii) [Repealed]
(iia) relevant entry in the Historic Places Register; and
(iii) regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Māori customary fishing); and
(iv) [Repealed]
to the extent that their content has a bearing on resource management issues of the region; and
(b) the extent to which the regional policy statement needs to be consistent with the policy statements and plans of adjacent regional councils.
(2A) When a regional council is preparing or changing a regional policy statement, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region:
(a) the council must take into account any relevant planning document recognised by an iwi authority; and
(b) in relation to a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, the council must, in accordance with section 93 of that Act,—
(i) recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and
(ii) take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group.
(3) In preparing or changing any regional policy statement, a regional council must not have regard to trade competition or the effects of trade competition.
62
Contents of regional policy statements
(1) A regional policy statement must state—
...
(b) the resource management issues of significance to iwi authorities in the region; and
...
64A
Imposition of coastal occupation charges
...
(4A) A coastal occupation charge must not be imposed on a protected customary rights group or customary marine title group exercising a right under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011.
65
Preparation and change of other regional plans
...
(3) Without limiting the power of a regional council to prepare a regional plan at any time, a regional council shall consider the desirability of preparing a regional plan whenever any of the following circumstances or considerations arise or are likely to arise;
...
(e) any significant concerns of tangata whenua for their cultural heritage in relation to natural and physical resources;
...
66
Matters to be considered by regional council (plans)
...
(2) In addition to the requirements of section 67(3) and (4), when preparing or changing any regional plan, the regional council shall have regard to—
...
(c) any—
...
(iii) regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Māori customary fishing);
...
to the extent that their content has a bearing on resource management issues of the region; and
(2A) When a regional council is preparing or changing a regional plan, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region:
(a) the council must take into account any relevant planning document recognised by an iwi authority; and
(b) in relation to a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, the council must, in accordance with section 93 of that Act,—
(i) recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and
(ii) take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group.
...
74
Matters to be considered by territorial authority
...
(2) In addition to the requirements of section 75(3) and (4), when preparing or changing a district plan, a territorial authority shall have regard to—
...
(b) any—
...
(iii) regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Māori customary fishing),—
to the extent that their content has a bearing on resource management issues of the district; and
(2A) A territorial authority, when preparing or changing a district plan, must take into account any relevant planning document recognised by an iwi authority and lodged with the territorial authority, to the extent that its content has a bearing on the resource management issues of the district.
85A
Plan or proposed plan must not include certain rules
A plan or proposed plan must not include a rule that describes an activity as a permitted activity if that activity will, or is likely to; have an adverse effect that is more than minor on a protected customary right carried out under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011.
85B
Process to apply if plan or proposed plan does not comply with section 85A
(1) If a protected customary rights group considers that a rule in a plan or proposed plan does not comply with section 85A, the holder may—
(a) make a submission to the local authority concerned under clause 6 of Schedule 1; or
(b) request a change under clause 21 of Schedule 1; or
(c) apply to the Environment Court in accordance with section 293A(3) for a change to a rule in the plan or proposed plan.
(2) A local authority or the Environment Court, as the case may be, in determining whether or not a rule in a plan or proposed plan complies with section 85A, must consider the following matters:
(a) the effects of the proposed activity on the exercise of a protected customary right; and
(b) the area that the proposed activity would have in common with the protected customary right; and
(c) the degree to which the proposed activity must be carried out to the exclusion of other activities; and
(d) the degree to which the exercise of a protected customary right must be carried out to the exclusion of other activities; and
(e) whether the protected customary right can be exercised only in a particular area.
87A
Classes of activities
(1) If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a permitted activity, a resource consent is not required for the activity if it complies with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.
(2) If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a controlled activity, a resource consent is required for the activity and—
(a) the consent authority must grant a resource consent except if—
...
(ii) section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies; ...
95B
Limited notification of consent application
(1) If a consent authority does not publicly notify an application for a resource consent for an activity, it must decide (under sections 95E and 95F) if there are any affected persons, an affected protected customary rights group, or affected customary marine title group in relation to the activity.
(2) The consent authority must give limited notification of the application to any affected person unless a rule or national environmental standard precludes limited notification of the application.
(3) The consent authority must give limited notification of the application to an affected protected customary rights group or affected customary title group even if a rule or national environmental standard precludes public or limited notification of the application.
(4) In subsections (1) and (3), the requirements relating to an affected customary marine title group apply only in the case of applications for accommodated activities.
95F
Status of protected customary rights group
A consent authority must decide that a protected customary rights group is an affected protected customary rights group, in relation to an activity in the protected customary rights area relevant to that group, if—
(a) the activity may have adverse effects on a protected customary right carried out in accordance with the requirements of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and
(b) the protected customary rights group has not given written approval for the activity or has withdrawn approval for the activity in a written notice received by the consent authority before the authority has made a decision under this section.
95G
Status of customary marine title group
A consent authority must decide that a customary marine title group is an affected customary marine title group, in relation to an accommodated activity in the customary marine title area relevant to that group, if—
(a) the activity may have adverse effects on the exercise of the rights applying to a customary marine title group under subpart 3 of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and
(b) the customary marine title group has not given written approval for the activity in a written notice received by the consent authority before the authority has made a decision under this section.
104
Consideration of applications
...
(3) A consent authority must not,—
(c) grant a resource consent contrary to—
(iv) wāhi tapu conditions included in a customary marine title order or agreement;
(v) section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011;
...
165E
Applications in relation to aquaculture settlement areas
(1) No person may apply for a coastal permit authorising occupation of space in an aquaculture settlement area (within the meaning of the Māori Commercial Aquaculture Claims Settlement Act 2004), for the purpose of aquaculture activities, unless the person is a holder of an authorisation that—
(a) relates to that space and activity; and
(b) was provided to the trustee under section 13 of that Act.
(2) A consent authority may grant a coastal permit authorising any other activity in an aquaculture settlement area, but only—
(a) to the extent that that activity is compatible with aquaculture activities; and
(b) after consultation with the trustee and iwi in the region.
(3) Subsection (1) does not affect any application received by a consent authority—
(a) after 1 January 2005; but
(b) before the space became an aquaculture settlement area.
(4) In subsection (2)(b), iwi has the same meaning as in the Māori Fisheries Act 2004.
187
Meaning of heritage order and heritage protection authority
In this Act—
...
heritage protection authority means—
(a) any Minister of the Crown including—
(i) the Minister of Conservation acting either on his or her own motion or on the recommendation of the New Zealand Conservation Authority, a local conservation board, the New Zealand Fish and Game Council, or a Fish and Game Council; and
(ii) the Minister of Māori Affairs acting either on his or her own motion or on the recommendation of an iwi authority;
(b) a local authority acting either on its own motion or on the recommendation of an iwi authority;
....
189
Notice of requirement to territorial authority
(1) A heritage protection authority may give notice in the prescribed form to a territorial authority of its requirement for a heritage order for the purpose of protecting—
(a) any place of special interest, character, intrinsic or amenity value or visual appeal, or of special significance to thetangata whenua for spiritual, cultural, or historical reasons; and
...
(2) For the purposes of this section, a place may be of special interest by having special cultural, architectural, historical, scientific, ecological, or other interest.
199
Purpose of water conservation orders
...
(2) A water conservation order may provide for any of the following:
...
(b) the protection of characteristics which any water body has or contributes to, and which are considered to be outstanding,—
...
(v) for recreational, historical, spiritual, or cultural purposes;
(c) the protection of characteristics which any water body has or contributes to, and which are considered to be of outstanding significance in accordance with tikanga Māori.
353
Notices and consents in relation to Māori land
Part 10 of Te Ture Whenua Māori Act 1993 shall apply to the service of notices under this Act on owners of Māori land, except that in no case shall the period fixed for anything to be done by the owners be extended by more than 20 working days under section 181(4) of that Act, unless otherwise provided by the local authority.
Schedule 1
2 Preparation of proposed policy statement or plan
(1) The preparation of a policy statement or plan shall be commenced by the preparation by the local authority concerned, of a proposed policy statement or plan.
(2) A proposed regional coastal plan must be prepared by the regional council concerned in consultation with—
(a) the Minister of Conservation; and
(b) iwi authorities of the region; and
(c) any customary marine title group in the region
3 Consultation
(1) During the preparation of a proposed policy statement or plan, the local authority concerned shall consult—
(a) the Minister for the Environment; and
(b) those other Ministers of the Crown who may be affected by the policy statement or plan; and
(c) local authorities who may be so affected; and
(d) the tangata whenua of the area who may be so affected, through iwi authorities; and
(e) any customary marine title group in the area.
(2) A local authority may consult anyone else during the preparation of a proposed policy statement or plan.
(3) Without limiting subclauses (1) and (2), a regional council which is preparing a regional coastal plan shall consult—
(a) the Minister of Conservation generally as to the content of the plan, and with particular respect to those activities to be described as restricted coastal activities in the proposed plan; and
(b) the Minister of Transport in relation to matters to do with navigation and the Minister's functions under Parts 18 to 27 of the Maritime Transport Act 1994; and
(c) the Minister of Fisheries in relation to fisheries management, and the management of aquaculture activities.
(4) In consulting persons for the purposes of subclause (2), a local authority must undertake the consultation in accordance with section 82 of the Local Government Act 2002.
3B Consultation with iwi authorities
For the purposes of clause 3(1)(d), a local authority is to be treated as having consulted with iwi authorities in relation to those whose details are entered in the record kept under section 35A, if the local authority—
(a) considers ways in which it may foster the development of their capacity to respond to an invitation to consult; and
(b) establishes and maintains processes to provide opportunities for those iwi authorities to consult it; and
(c) consults with those iwi authorities; and
(d) enables those iwi authorities to identify resource management issues of concern to them; and
(e) indicates how those issues have been or are to be addressed.
Schedule 3
Class C Water (being water managed for cultural purposes)
The quality of the water shall not be altered in those characteristics which have a direct bearing upon the specified cultural or spiritual values.
Schedule 4
2 Matters that should be considered when preparing an assessment of effects on the environment
Subject to the provisions of any policy statement or plan, any person preparing an assessment of the effects on the environment should consider the following matters:
(a) any effect on those in the neighbourhood and, where relevant, the wider community including any socio-economic and cultural effects;
(b) any physical effect on the locality, including any landscape and visual effects;
(c) any effect on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity;
(d) any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual, or cultural, or other special value for present or future generations;
(e) any discharge of contaminants into the environment, including any unreasonable emission of noise and options for the treatment and disposal of contaminants;
(f) any risk to the neighbourhood, the wider community, or the environment through natural hazards or the use of hazardous substances or hazardous installations.
-
SECTION
OBLIGATION TO MĀORI
134
Change to Māori freehold land by vesting order on change of ownership
(1) This section applies to—
(a) any land (other than Māori freehold land) that the beneficial owner wishes to have vested in or held in trust for any Māori or any group or class of Māori, or any Māori incorporation; and
(b) any land (other than Māori freehold land) acquired for or on behalf of any Māori or any group or class of Māori or any Māori incorporation; and
(c) any Māori land or General land owned by Māori that has at any time been acquired by the Crown or by any local authority or public body for a public work or other public purpose and is no longer required for that public work or other public purpose; and
(d) any Crown land reserved for Māori; or
(e) any Crown land (other than Crown land reserved for Māori).
(2) The Māori Land Court shall have jurisdiction in accordance with the succeeding provisions of this section to make a vesting order in respect of any land to which this section applies and to declare in that order that the land shall become Māori freehold land.
(3) An application to the court for the exercise of its jurisdiction under this section shall be made,—
(a) in any case to which subsection (1)(a) applies, by or on behalf of the beneficial owner of the land; or
(b) in any case to which subsection (1)(b) applies, by or on behalf of the person who has acquired the land; or
(c) in any case to which subsection (1)(c) applies, by or on behalf of—
(i) the Minister of the Crown under whose control the land is held or administered; or
(ii) the chief executive of the department within the meaning of section 2 of the Survey Act 1986; or
(iii) the local authority or public body by which the land was acquired; or
(d) in any case to which subsection (1)(d) applies, the Minister of Māori Affairs; or
(e) in any case to which subsection (1)(e) applies, any Minister of the Crown.
(4) Notwithstanding anything in subsections (1) to (3), any Minister of the Crown having responsibility in regard to the matter may apply to the court for the exercise of its jurisdiction, and on such an application the court may exercise its jurisdiction, under this section in respect of any Crown land that has not been formally set aside for the benefit of Māori.
(5) An application may be made to the court, and the court may exercise its jurisdiction, under this section notwithstanding the provisions of any Act to which the land is subject, and notwithstanding any terms and conditions imposed by the Act on the sale or other disposition of the land.
(6) In any application under this section, the applicant may specify—
(a) the person or persons in whom it is proposed the land shall be vested; and
(b) the price to be paid for the land, and the terms and conditions of payment; and
(c) any other conditions to which it is proposed the order shall be subject.
(7) On an application under this section, the court may make an order vesting the land in—
(a) such person or persons as the court may find to be entitled to the land or otherwise in accordance with the terms of the application, in such shares as may be specified in the order; or
(b) a Māori incorporation or a Māori Trust Board or trustees for or on behalf of such person or persons, and on such terms of trust, as the court may specify in the order.
340
Māori reservation may be held for common use and benefit of people of New Zealand
(1) The notice constituting a Māori reservation (that is not a wāhi tapu) under section 338 may, upon the express recommendation of the court, specify that the reservation (that is not a wāhi tapu) shall be held for the common use and benefit of the people of New Zealand, and the reservation (that is not a wāhi tapu) shall accordingly be held in that fashion.
(2) Before issuing a recommendation that a Māori reservation (that is not a wāhi tapu) be held for the common use and benefit of the people of New Zealand, the court shall be satisfied that this course is in accordance with the views of the owners, and that the local authority consents to it.