Kia Ora Mr Peti,

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[2]Parliamentary Commissioner for the Environment
Te Kaitiaki Taiao a Te Whare Pāremata

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Wellington | Aotearoa New Zealand
[3]pce.parliament.nz

 

 

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-----Original Message-----
From: Michael Peti <[4][FOI #12578 email]>
Sent: Monday, 6 April 2020 4:31 PM
To: Reception <[5][email address]>
Subject: Official Information request - Parliamentary Commissioner for the
Environment

Dear Office of the Parliamentary Commissioner for the Environment,

Background REBUTTILE

[1] By decision in Michael Peti v Crown Law Office [2018] NZHRRT 7 (26
March 2018) at [255] the Tribunal made the following orders:

[255] For the foregoing reasons the decision of the Tribunal is that it is
satisfied on the balance of probabilities that an action of the Crown
(represented by the Attorney-General) was an interference with the privacy
of Mr Michael Peti and

[255.1] A declaration is made under s 85(1)(a) of the Privacy Act 1993
that there was an interference with the privacy of Mr Michael Peti by:

[255.1.1] The transfer , without legal authority, to the Attorney-General
of the information privacy requests made by Mr Peti in July 2015. The
Attorney-General had no lawful authority, as purported transferee under
the Privacy Act 1993, s 39(b)(ii), to refuse the requests on the grounds
that they were vexatious and there was no proper basis for that refusal;
in the alternative, if the transfers were lawful:

[255.1.2] Refusing the information privacy requests on the grounds that
they were vexatious when there was no proper basis for that decision.

Land Information New Zealand
Unique Identifier number to A land block shows A to the Lottment I have
that number. you where  to give that number so I could make sure it matchs

Michael Peti made this Official Information request to Land Information 
New Zealand
This request has been reported as needing administrator attention (perhaps
because it is vexatious, or a request for personal information)

From: Michael Peti

September 05, 2019

Dear Land Information New Zealand,
this was addressed to John Edwards Privacy Commissioner
Unique identifier section 12(3) An agency that assigns unique identifiers
to individuals shall take all reasonable steps to ensure that unique
identifiers are assigned only to individuals whose identity is clearly
established.Patrick and Maria aka Miria Nui Harris nee Peti Trust
MY FATHER PATRICK PETI & MY GRANDMOTHER MARIA AKA MIRIA NUI HARRIS NEE
PETI TO Michal Peti living person natual person private person
Miria Nui Harris nee Peti father Frank Harris aka Frank Werahiko Nui
Harris son Christopher Harris and Ngahuia nee Ngahuia Harris  married 1838
by Bishop Pompellier who was the Archbishop of Rome. 

(4) An agency shall not require an individual to disclose any unique
identifier assigned to that individual unless the disclosure is for one of
the purposes in connection with which that unique identifier was assigned
or for a purpose that is directly related to one of those purposes.
Patrick and Maria aka Amiria Nui Harris nee Peti Unqiue Identificer under
section 12(3)
What Are the Six Covenants of Title?
Written by Alexander Harris; Updated June 20, 2018

1
What is a Grant Deed Used for?
2
Special Warranty Deed Vs. General Warranty Deed
3
What Is the General Warranty Deed?
4
The Basis of Quitclaim Property
Most times, when a seller sells property to a buyer, he will sign a
warranty deed. This document transfer the legal title to the buyer and
guarantees that the seller is the rightful owner of the property and is
selling it free of any liens. The six covenants of title represent the
promises that the seller makes. Three covenants are considered present
covenants, which means they apply to the parties of the most recent
transfer. The other three are future covenants, which any owner can
enforce against any previous grantor if they are broken.

Covenant of Seisin
The present covenant of seisin is an assurance that the seller is the
rightful owner of the property being sold. It's basically a promise that
the owner owns what he says he owns. The concept dates back to feudal
English law. Seisin applies to both the title to the property and the
right of possession to the property, that is, the seller owns the property
and has the exclusive right to occupy it.
No Encumbrances
The present covenant against encumbrances is a promise by the seller that
the land is owned free and clear. This means that the property is not
subject to any liens, mortgages, taxes, leases, easements and other
restrictions that might affect the buyer's ability to use the property or
which might reduce its value. An easement is a right that affects the
owner's physical use of the land, for example, a right of way is an
easement. A lien is an encumbrance upon the buyer's title to the property.
The government might file a lien, for example, if the owner has not paid
his state or federal taxes.

Right to Convey
Having the right to convey means that the seller is legally entitled to
transfer the property to the buyer. The seller must hold title to the
property to possess the right to convey. This present covenant assures the
buyer that the grantor has this right. If a third party were to come
forward with a legal interest in the property, the guarantor would be in
breach of this covenant.
Quiet Enjoyment
The future covenant of quiet enjoyment is an assurance that the buyer's
right to possession will not be impacted by a third party's legal claim to
title. If a third party came forward with a lawful claim, the seller could
be liable for damages. This is basically a promise that no one is going to
come along and foreclose on the property or evict the buyer.
Covenant of Warranty
The covenant of warranty is very similar to that of quiet enjoyment. This
future covenant is a promise that the grantor will defend against any
title claims from third parties – if there's a problem it's up to the
grantor or seller to sort it out. By the covenant of warranty, the grantor
also promises to compensate the buyer for any losses she might incur as a
result of any third-party claim.
Further Assurances
This future covenant is a promise that the grantor will do whatever is
reasonably necessary help the grantee perfect the title should the need
arise later down the road. This could involve executing additional legal
documents or correcting mistakes found in previous documents.
References (2)
Casebriefs: Covenants For Title
Deed Claim: What is a Warranty Deed?
About the Author

Currently living in Austin, Texas, Alexander Harris is a business
journalist covering the self storage industry for SpareFoot.com and
SelfStorage.com. Harris previously wrote daily news for
RichmondBizSense.com, a business journal in his hometown of Richmond, Va.
His work has appeared in various other publications including
"Philadelphia Citypaper," Stateline.org, "RVA Magazine" and the
"Virginian-Pilot." Harris holds a mass communications degree from Virginia
Commonwealth University.

Related Articles
Disclaimer Deed Vs. Quit Claim Deed
Can a Warranty Deed Be Revoked?
Grant Deed Vs. Quitclaim Deeds
Definition of Statutory Warranty Deed
Can a Quit Claim Deed Be Voided If a Word Is Misspelled?
What Is a Property Deed?

More Articles
Covenant Deeds Vs. Warranty Deeds
Who Is Responsible for Preparing a Real Estate Deed?
Five Ways to Create an Easement
Who Can Witness a Real Estate Deed Signing?
What Does a Warranty Deed Mean?
Purpose of a Warranty Deed

53 Personal representative making or defending claim on behalf of
deceased's estate
 (1) Personal representative, in this section and for an individual who
has died (the deceased). means a person who is the executor PETI
administrator Heir Assignee Devicee Beneifiarcy, or trustee of, and is
making or defending a claim on behalf of the deceased's estate Maria aka
Amiria Nui Harris daughter of Frank Harris aka Frank Werahiko Nui Harris
son of Christopher Harris Testment 1858 imperal act 1837
In order to correct the record
(1) All documents related to your Birth 1959 and Print out
 (2) A Codicil appointing Executor Peti Michael
(3) Letter to Privacy Commissioner

September 04, 2019
Certificate of title Waste Land Act 1874 Province Auckland
ss 24, 27, 65, 66
New [New Zealand Arms] Zealand
Reference
Vol [16], folio 226
Transfer No:1138
Certificate of title under the Land Transfer Act
This certificate, dated the 2nd day of one thousand nine hundred and
SIXTY-FIVE [ Grant under the Auckland Waste Land Act 1874 ], under the
hand and seal of the District Land Registrar of
the Land Registration District of [NORTH AUCKLAND], witnesseth that [JOHN
HARRIS, THOMAS HARRIS, JAMES HARRIS, FRANK HARRIS, JOSEPH HARRIS, LIZZIE
HARRIS, MARIA HARRIS, ANNIE HARRIS, CHARLOTTE HARRIS, LYRIA HARRIS, and
MARGARET HARRIS ] are seised of an estate
in fee simple, (subject to such reservations, restrictions, encumbrances,
liens, and
interests as are notified by memorial underwritten or endorsed hereon)
subject also to
any existing right of the Crown to take and lay off roads under the
provisions of any
Act of the Parliament of New Zealand, in the land hereinafter described,
delineated with bold black lines on the plan hereon be the several
admeasurements a
little more or less, that is to say: All that parcel of land containing
[56 acres 1 rod 21 perches more or less being allotment 1 parish
MOTUKARAKA ].
[Seal]
Abatement of freehold
Ballentine's Law Dictionary
Definition:
Wrongful entry and taking possession of real property by a stranger,
before the heir or devisee has entered. See 25 Ohio St. 260.

Abatement of Freehold
Black's Law Dictionary: 2nd Edition
Definition:
This takes place where a person dies seised of an inheritance, and, before
the heir  assignee devisee enters, a stranger, having no right, makes a
wrongful entry, and gets possession of it. Such an entry is technically
called an "abatement," and the stranger an "abator." It is, in fact, a
figurative expression, denoting that the rightful possession or freehold
of the heir or devisee is overthrown by the unlawful intervention of a
stranger. Abatement differs from intrusion, in that it is always to the
prejudice of the heir or immediate devisee, whereas the latter is to the
prejudice of the reversioner or remainder-man; and disseisin differs from
them both, for to disseise is to put forcibly or fraudulently a person
seised of the freehold out of possession. 1 Co.. Inst 277a; 3 Bl. Comin.
166; Brown v. Burdick, 25 Ohio St. 268. By the ancient laws of Normandy,
this term was used to signify the act of one who, having an apparent right
of possession to an estate, took possession of it immediately after the
dcath of the actual possessor, before the heir entered. (Howard, Anciennes
Lois des Franqais, tome 1, p. 539.) Bouvier.

[255.2] An order is made under s 85(1)(d) and (e) of the Privacy Act 1993
that the agencies (including the Ministers of the Crown) to which the
information privacy requests were sent by Mr Peti in the period 17 to 31
July 2015 and 2019 must comply with those requests subject to the
provisions of the Privacy Act 1993 and in particular (but is exclusively)
Parts 4 and 5 of that Act. For the purposes of this order the date of
receipt of the requests is to be taken to be the fifth working day which
follows immediately after the day on which this decision is published to
the parties.

[255.3] Damages of $30,000,000 are awarded against the Attorney-General
under ss 85(1)(c) and 88(1)(b) of the Privacy Act 1993 for the loss of a
benefit Mr Peti right reasonably have been expected to obtain but for the
interference.

[255.4] Damages of $60,000,000 are awarded against the Attorney-General
under ss 85(1)(c) and 88(1)(c) for loss of dignity, muna, culture,
inheretence as heir assignee devisee beneificary noble desent of anstors
blood line akin next of kin letters of Administration P.1052 estate acting
under the rule 426H of the code of civil procedure 1835 100(2)e akin next
of kin certificate of title waste lands act 1874 in the provice of
Auckland heir assignee desivee beneificary inhereit right abatement seisin
law livery    
.
[2] From this decision the defendants (hereinafter the Crown) have
appealed to the High Court. It is understood that appeal will be heard on
10 to 12 September 2018.

The application
[3] At 4:59pm on Tuesday 26 June 2018 Mr Peti filed an urgent application
seeking compliance orders and in particular: [3.1] An unless order that
the Crown provide him with the personal information which is the subject
of the Tribunal’s order in [255.2] above by not later than 31 July 2018.
[3.2] Failing that, a declaration that the Crown: [3.2.1] Is in breach of
the Tribunal’s orders;
[3.2.2] Has engaged in abuse of process; and

4

[3.2.3] Further interfered with Mr Peti privacy.

[3.3] That the Crown file an affidavit or affidavits setting out what (if
any) steps have been taken and when to procure information held by former
Ministers.

[4] Filed in support of the application is a detailed memorandum dated 26
June 2018 (27 pages) and a 71 page bundle of relevant documents. could you
please send to me Michael Peti
[5] Understandably the defendants have not yet filed a response.

Jurisdiction
[6] The immediate issue raised by the application is whether the Tribunal
has jurisdiction to make the compliance orders sought.
[7] Apart from the Human Rights Act 1993, s 121 (incorporated into the
Privacy Act 1993 by s 89 of that latter Act), there are no statutory
provisions by which orders made by the Tribunal can be enforced. Section
121 of the Human Rights Act does not assist in the present case as its
application is narrow and confined to the enforcement of interim orders,
damages and costs. It provides that on registration of a certified copy of
the order in the District Court, such order can be enforced in all
respects as if it were an order of the District Court.
[8] It is perhaps for this reason the application by Mr Peti is based on 
statutory provision but on an assertion the Tribunal has no inherent
jurisdiction to act under seisin  law satutes heirs assignees desivees
beneificarys inherent right akin next of kin blood line noble anstors  
effectively and to uphold the administration of justice within its
jurisdiction, including the prevention of abuse of its processes. Reliance
is placed on Siemer v Solicitor-General [2013] NZSC 68, [2013] 3 NZLR 441
at [114]. The specific passage relied upon, however, addresses the
inherent powers of courts in New Zealand, not of tribunals. I Michael Peti
inherent right intestacy to the land
[9] Unlike the High Court, the Tribunal is not a court of general
jurisdiction, nor is it possessed of “all judicial jurisdiction that may
be necessary to administer the laws of New Zealand” (Senior Courts Act
2016, s 12). It is an inferior tribunal of limited statutory jurisdiction.
It has no inherent jurisdiction though inherent powers may exist. See
generally Attorney-General v Otahuhu District Court [2001] 3 NZLR 740 (CA)
at [16]; Transport Accident Commission v Wellington District Court [2008]
NZAR 595 at [16] (Dobson J) and Department of Social Welfare v Stewart
[1990] 1 NZLR 697 at 701 (Wylie J).
[10] It follows that before the merits of the urgent application are
addressed the Tribunal will need to be satisfied it has jurisdiction to
make the orders sought.

The High Court and the enforcement of tribunal orders
[11] Given the urgency said to attach to the present application and
further given the substantial doubts surrounding the Tribunal’s
jurisdiction, it is necessary that the Tribunal draw the attention of the
parties to the possibility, if not likelihood, that the appropriate forum
for the hearing and determination of the present application is the High
Court.
5

[12] This is because that court has an inherent jurisdiction to uphold the
authority of lower courts and tribunals. See Psychologists Board v Geary
[2013] NZHC 1039, [2013] NZAR 845 at [14] per Collins J.

[14] The High Court’s inherent jurisdiction extends to upholding the
authority of lower Courts and Tribunals. The following authorities explain
the High Court’s jurisdiction in the following way:
(1) Quality Pizzas Ltd v Canterbury Hotel Employees Industrial Union, in
which Richardson J explained:7
… it is well established that the High Court has inherent jurisdiction to
make any order necessary to enable it to act effectively even in respect
of matters regulated by rules of Court so long as it does not contravene
those rules. Under that inherent jurisdiction (and except as qualified by
statute or statutory rule …) the High Court has power to punish for
contempt of its processes in order to enable it to act affectively [sic]
as a Court. That the jurisdiction extends to the protection of the
processes of inferior Courts is also well settled and it is sufficient for
present purposes to refer to Attorney-General v Blundell [1942] NZLR 287.
(2) Samleung International Trading Co Ltd v Collector of Customs, in which
Blanchard J said:8
… if the High Court possesses inherent jurisdiction to do a thing which
cannot be done by a District Court, then the High Court may use its powers
in aid of the District Court.
[13] In his judgment Collins J noted that the Psychologists Board
discharged judicial functions. It sat in public, administered oaths, had
rules of procedure and it could issue summonses, award costs, punish those
who commit a contempt in the face of the tribunal and its decisions could
be appealed to the High Court and in exceptional cases the Court of
Appeal. So even if technically the Board was not an inferior court, it was
a judicial body whose authority and functions may be protected by the High
Court exercising its inherent jurisdiction.
[14] In these circumstances Collins J concluded that for reasons of
policy, the inherent jurisdiction of the High Court extended to issuing
injunctions to prevent breaches of the Board’s suppression orders because
the Board: [14.1] Acted to protect the health and safety of members of the
public;
[14.2] Acted in the public interest when it enforced standards required of
health professionals; and
[14.3] Its ability to perform its important public functions would be
comprised if complainants were dissuaded from giving evidence before the
Board for fear that sensitive and confidential information about them
could not be effectively suppressed.

[15] It can be argued that there are direct parallels with the Human
Rights Review Tribunal. The powers of the Psychologists Board as described
above are almost the same as the relevant powers of the Tribunal under
Part 4 of the Human Rights Act and the Tribunal’s jurisdiction is no less
important than that of the Board. Prima facie, the decision in
Psychologists Board v Geary has direct application to the Tribunal.
6

[16] There are therefore strong indications that the High Court (not the
Tribunal) has the necessary jurisdiction to hear and determine the present
application made by Mr Peti.

Directions
[17] Mr Peti will need to give urgent consideration to the forum in which
his present application is to be heard and determined. To that end, the
following directions are made: [17.1] By 4pm on Friday 29 June 2018 Mr
Peti is to notify the Tribunal and the Crown whether his application dated
26 June 2018 is to be pursued before the Tribunal.
[17.2] If the application is to be pursued, the Crown must by 4pm on
Friday 6 July 2018 file a notice of opposition and supporting memorandum.
[17.3] An urgent teleconference is then to be convened in the week
commencing Monday 9 July 2018 for further case management directions to be
given.
[17.4] Leave is reserved to all parties to make further application should
the need arise.

Dispute over succession. Held; that despite the kaupapa of the 1993 Act
that succession be restricted to blood-lines and preferred classes within
kinship groups, s100(2)e permits no discretion and requires that where
administration is granted prior to the commencement of the 1993 Act the
prior law applies. Agreed that the applicant as a blood descendant had a
strong moral claim but "howsoever the application of the law may run
contrary to present Kaupapa until it is amended the Court must simply
apply that law." Section 76/1967 requiring succession on intestacy to be
determined as if the deceased were European, was applied. appeared 88
times in 4 sections
Show:
25
50
200

Contents
…Law Reform (Testamentary Promises) Amendment Act 1961 Public Act 1961 No
19 Date of assent 18 October 1961 Note This Act is administered in the
Department of Justice. Contents Title 1 Short Title and commencement 2 3 4
5 6 Transitional provision An Act to amend the Law Reform (Testamentary
Promises) Act 1949…
1 Short Title and commencement
…1 Short Title and commencement (1) This Act may be cited as the Law
Reform (Testamentary Promises) Amendment Act 1961, and shall be read
together with and deemed part of the Law Reform (Testamentary Promises)
Act 1949 (hereinafter referred to as the principal Act). (2) This Act
shall come into force on the 1st day of January 1962.…
2
…2…
6 Transitional provision
…6 Transitional provision This Act shall apply to all promises and claims
to which the principal Act applies, whether the promises or claims were
made, or the deceased died, or proceedings under the principal Act were
commenced, before or after the commencement of this Act: Provided that
nothing in this Act shall affect any order, or any distribution of any
part of the estate of any deceased person, made before the commencement of
this Act or any promise or claim to which any such order relates: Provided
also that subsection (2) of section 5 of the principal Act, as added by
section 5 of this Act, shall not apply to any proceedings commenced before
the commencement of this Act.…

results
[1] By decision in Michael Peti v Crown Law Office [2018] NZHRRT 7 (26
March 2018) at [255] the Tribunal made the following orders appeared 41
times in 4 sections
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25
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200

Contents
…International Documents Collection Contents Title 1 Alteration of form of
accession declaration. 1 Will & Mary Sess 2, c…
…Schedule An Act to alter the form of the Declaration required to be made
by the Sovereign on Accession. Be it enacted by the King's most Excellent
Majesty, by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:…
1 Alteration of form of accession declaration. 1 Will & Mary Sess 2, c 2,
12 & 13 Will 3, c 2
…1 Alteration of form of accession declaration. 1 Will & Mary Sess 2, c…
…13 Will 3, c 2 The declaration to be made, subscribed, and audibly
repeated by the Sovereign under section one of the Bill of Rights and
section two of the Act of Settlement 1700 shall be that set out in the
Schedule to this Act instead of that referred to in the said sections.…
2 Short title
…Act may be cited as the Accession Declaration Act 1910…
Schedule
…Schedule I [here insert the name of the Sovereign] do solemnly and
sincerely in the presence of God profess, testify…
…that I will, according to the true intent of the enactments which secure
the Protestant succession to the Throne of my Realm, uphold and maintain
the said enactments to the best of my powers according to law.…
[1] By decision in Michael Peti v Crown Law Office [2018] NZHRRT 7 (26
March 2018) at [255] the Tribunal made the following orders: appeared 4166
times in 160 sections
Show:
25
50
200

Contents
…Reprint as at 20 May 2014 Affiliate Te…
…section 2 Note Changes authorised by subpart 2 of Part 2 of the
Legislation Act 2012 have been made in this official reprint. Note 4 at
the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Office of Treaty Settlements. Contents
Preamble 1Title 2Commencement Part 1 Purpose of Act, acknowledgements and…
…claims, and miscellaneous matters Subpart 1—Purpose of Act and
acknowledgements and apology of the Crown to Affiliate 3Purpose 4Act binds
the Crown 5Outline 6Acknowledgements and apology 7Text of acknowledgements
8Text…
…Part 2 Cultural redress Subpart 1—Protocols General provisions
21Authority…
…25Noting of DOC protocol 26Noting of fisheries protocol Subpart…
…Statutory acknowledgement 27Statutory acknowledgement by the Crown
28Purposes of statutory acknowledgement…
…acknowledgement Application of statutory acknowledgements in relation to
rivers 35Statutory acknowledgements in relation to rivers Geothermal
statutory…
…acknowledgement 36Geothermal statutory acknowledgement by the Crown
37Purposes of geothermal statutory…
…Declaration of whenua rahui 51The Crown’s acknowledgement of Affiliate
values…
…of whenua rahui 58Notification in Gazette 59Actions by Director-General
60Amendment to…
…of specially classified reserves 70The Crown’s acknowledgement of
Affiliate values…
…consult with trustees 75Notifications in Gazette 76Actions by Rotorua
District Council 77Existing…
…Limitation of rights Subpart 5—The Crown not prevented from providing
other relationship redress 82The Crown not prevented from providing other…
…properties and other properties Subpart 1—Vesting of cultural redress
properties…
…88Interpretation Sites that vest in fee simple 89Pateko Island…
…Punaromia site Sites that vest in fee simple subject to conservation…
…103Kakapiko Sites that vest in fee simple to be administered…
…Tapu site Sites that vest in fee simple to be administered…
…sites 109School sites vest in fee simple Subpart 2—General…
…other properties Matawhaura (part of the Lake Rotoiti Scenic Reserve)
and…
…Interpretation 119Matawhaura (part of the Lake Rotoiti Scenic Reserve)
and Otari Pa vest in Pikiao entity Karamuramu Baths land…
…122 Karamuramu Baths land vests in trustees in fee simple 123 Easement
may be granted in favour of Karamuramu Baths land…
…Part 4 Commercial redress Subpart 1—Transfer of commercial redress
properties 124The Crown authorised to do certain acts…
…Licensed land ceases to be Crown forest land 129Trustees confirmed
beneficiaries and licensors in relation to licensed land 130…
…Right of access subject to Crown forestry licence and registered lease…
…on application of subpart Schedule 1 Definitions of each collective
group…
…6 Cultural redress properties Schedule 7 Other land related to cultural…
…redress properties Reprint notes Preamble (1) The Affiliate (comprising
the Iwi and Hapu of Te…
…that are now affiliated to the Te Pumautanga o Te Arawa…
…entities, coming together when prompted by common interests. Together
they exercised customary interests within the approximately 1 150 000-acre
area from the Bay of Plenty coast to the inland Rotorua lakes and into the
interior to the Mamaku Ranges and Kaingaroa Forest…
…customary interests within this area. The Affiliate engaged with the
opportunities created by the arrival of Pakeha traders and missionaries in
its rohe from the 1830s. By the late 1860s, however, few Pakeha had
settled in the area, and the Affiliate still held almost all of its land
in customary title: (2) The Crown introduced the Native Land Court (the
Court) into the central North Island in 1867, without consulting with the
Affiliate, to convert customary title into title derived from the Crown.
Some of the Affiliate engaged with the Court to gain secure titles…
…other groups. Others objected to the Court. The Crown received complaints
about the cost of hearings, survey charges, and applications initiated
without the consent of other owners: (3) From 1873, the Crown focused on
the acquisition of Maori land to facilitate Pakeha settlement in the
central North Island. The Crown was aware of widespread resistance…
…land sales among some of the Affiliate, and initially proposed to
restrict negotiations mainly to the lease rather than the sale of land. By
August 1874, the Crown had opened, but not completed…
…000 acres of land within the Affiliate area. In most cases it opened
negotiations before the Court had determined owners. The Crown sought to
secure land by making preliminary agreements with, and…
…to, sections of “recognised owners”. In some cases this bound the
recipients into negotiations before the purchase price or rent had been
agreed. The Crown generally did not pay rent…
…determined. Between 1873 and 1877, the Crown suspended the operation of
the Court over much of the land in which the Affiliate had interests,
which delayed the finalisation of most negotiations: (4) The Crown’s
attempts to lease or…
…a variety of responses from the Affiliate. Some of the Affiliate entered
negotiations because they…
…their land. Others expressed unhappiness at the Crown’s approach and
opposed negotiations…
…through tribal komiti (committees): (5) In the 1880s, the Court
adjudicated over much of the land in the area over which the Affiliate
exercised customary interests, including many of the blocks the Crown had
brought under negotiation in the 1870s. Land was generally awarded in
individual interests, and the Crown could partition out the interests it
had purchased from owners without gaining the agreement of other owners of
the land. This enabled those individuals to deal with the land without
reference to their iwi and hapu, making the land more susceptible to
partition…
…and alienation, and contributing to the erosion of the traditional tribal
structures of the Affiliate, which were based on…
…kainga (homes), was costly for the Affiliate: (6) During most of the
1870s–1890s, the Crown protected its negotiations from interference by
using legislative provisions and proclamations…
…over which it was negotiating. The Crown provided few reserves in lands
purchased from the Affiliate during the 1870s–1890s. The combined effect
of actions such as the use of payments for land…
…purchase techniques employed on occasion by the Crown, and the use and
implementation of monopoly powers over dealings in land meant that the
Crown failed to actively protect the interests of the Affiliate in the
land it wished to retain, leaving some of the Affiliate virtually
landless: (7) By the late 1920s, many Maori owned…
…small, fragmented, and uneconomic interests in a number of blocks
throughout…
…and partition of land interests. The Crown attempted to resolve this by
introducing consolidation schemes and providing…
…their land was tied up in development schemes. The Affiliate placed land
into over…
…development schemes between 1929 and the mid-1980s. By the early 1990s,
most scheme lands in the Rotorua area had been released from Crown
control. Some schemes were successful…
…struggled to fulfil expectations: (8) The Crown acquired lands of
particular significance to the Affiliate through public works and scenery
preservation legislation. In the nineteenth century, land was
compulsorily…
…purposes, including roading and railway. In the twentieth century, land
was taken…
…Compensation was generally paid for the taking of lands. However, some…
…purchases and public works takings, the Affiliate lost ownership of some…
…geothermal lands and wahi tapu. The loss of these lands has impeded the
ability of the Affiliate to exercise control over…
1 Title
…1Title This Act is the Affiliate Te Arawa Iwi and…
2 Commencement
…2Commencement (1) Sections 107 and 108 come…
…a date to be appointed by the Governor-General by Order in Council. (2)
The rest of this Act comes…
…a date to be appointed by the Governor-General by Order in Council.
Section 2(1): sections 107 and 108 brought…
…force, on 18 November 2010, by the Affiliate Te Arawa Iwi and…
…Hapu Claims Settlement Act Commencement Order 2010 (SR 2010/364).
Section…
…force, on 4 June 2009, by the Affiliate Te Arawa Iwi and…
…Hapu Claims Settlement Act Commencement Order 2009 (SR 2009/115).…
Part 1 Purpose of Act, acknowledgements and apology, interpretation
provisions, settlement of claims, and miscellaneous matters
…Part 1 Purpose of Act, acknowledgements and…
Subpart 1—Purpose of Act and acknowledgements and apology of the Crown to
Affiliate
…Subpart 1—Purpose of Act and acknowledgements and apology of the Crown to
Affiliate…
3 Purpose
…3Purpose The purpose of this Act is— (a) to record the acknowledgements
and the apology given by the Crown to the Affiliate in the deed of
settlement dated 11 June 2008 and signed by the Minister in Charge of
Treaty of Waitangi Negotiations, the Honourable Dr Michael Cullen, for the
Crown, and by Eru George, Eva Moke, Wikeepa…
…Po Hawaiki Wiringi Jones for the Affiliate; and (b) to give…
…effect to certain provisions of the deed of settlement, which is a deed
that settles the Affiliate historical claims.…
4 Act binds the Crown
…4Act binds the Crown This Act binds the Crown.…
5 Outline
…5Outline (1) This section is a guide to the overall scheme and effect of…
…Act, but does not affect the interpretation or application of the other
provisions of this Act or of the deed of settlement. (2) The preamble
summarises the historical account set out in Part 7 of the deed of
settlement. (3) This Part, which follows the Title and commencement
sections,— (a) sets out the purpose of the Act, records the
acknowledgements and the apology given by the Crown to the Affiliate in
the deed of settlement, and specifies that the Act binds the Crown; and
(b) defines terms used in this Act, including key terms…
…claims; and (c) provides that the settlement of the Affiliate historical
claims is final…
…including— (i) a statement of the effect of the settlement on the
jurisdiction of a court, tribunal, or other judicial body in considering
the Affiliate historical claims; and (ii…
…provision for consequential amendments to the Treaty of Waitangi Act
1975…
…and (iii) a statement of the effect of the settlement on certain
memorials; and…
…iv) miscellaneous matters relating to the settlement, namely, the
exclusion of the law against perpetuities, the timing of actions or
matters provided for in this Act, and access to the deed of settlement.
(4) Parts…
…and include provisions relating to the following matters: (a) the issue
of protocols to the trustees, and the amendment and cancellation of those
protocols, by the Minister for Arts, Culture and Heritage, the Minister of
Conservation, and the Minister of Fisheries; and (b) acknowledgements by
the Crown of the statements made by the Affiliate of its cultural,
spiritual…
…together with provisions as to the effects of those acknowledgements; and
(c) the vesting in the trustees of the fee simple estate in 24 cultural
redress properties (2…
…may be delayed vestings and, in another case, with only an undivided half
share vesting in the trustees, and the other half share vesting in the
trustees of the Te Ariki trust); and (d) the delayed vesting of 2
properties in a Pikiao entity (in 1 case to be administered as…
…a scenic reserve), and of 1 other property in the trustees; and (e) the 4
whenua rahui; and (f) the deed of recognition; and (g) the 3 specially
classified reserves; and (h) the alteration and assignment of place…
…and includes provisions relating to the following matters: (a) the
transfer of commercial redress properties to the trustees in accordance
with the deed of settlement; and (b) the creation of easements in relation
to the commercial redress properties; and (c) the creation of computer
registers, and the effect of registration, in relation to the commercial
redress properties; and (d) the application of other enactments in
relation to the transfers; and (e) rights of…
…access to protected sites, and the conditions applying to the access. (6)
There are 7 schedules that— (a) define the collective groups that together
constitute the Affiliate, and contain other related definitions: (b) set
out the meaning of Affiliate historical claims: (c) set out the statutory
areas for which statutory…
…acknowledgements are provided: (d) describe the nga whenua rahui: (e)
describe the specially classified reserves: (f) describe the cultural
redress properties: (g) describe other land related to the cultural
redress properties.…
6 Acknowledgements and apology
…6Acknowledgements and apology Sections 7 and 8 record the
acknowledgements and the apology given by the Crown to the Affiliate in
the deed of settlement.…
7 Text of acknowledgements
…7Text of acknowledgements The text of the acknowledgements, as set out in
the deed of settlement, is as follows: (1) The Crown acknowledges that it
has failed to deal with the longstanding grievances of the Affiliate in an
appropriate way and that recognition of the grievances of the Affiliate is
long overdue. (2) The Crown acknowledges that— (a) it did not consult with
the Affiliate on native land legislation…
…to its enactment; and (b) the operation and impact of the native land
laws, in particular the awarding of land to individuals and the enabling
of individuals to deal…
…that land without reference to the iwi and hapu, made the lands of the
Affiliate more susceptible to partition…
…and alienation. This contributed to the erosion of the traditional tribal
structures of the Affiliate, which were based on…
…take steps to adequately protect the traditional tribal structures of the
Affiliate, and this had a prejudicial effect on the Affiliate and was a
breach of the Treaty of Waitangi and its principles. (3) The Crown
acknowledges that the combined effect of certain Crown actions meant that
the Crown failed to actively protect the interests of the Affiliate in the
land they wished to retain…
…this was a breach of the Treaty of Waitangi and its principles. The
actions include— (a) the Crown’s use of payments for land before title to
the land was determined by the Native Land Court: (b) the aggressive
purchase techniques employed on occasion by the Crown: (c) the Crown’s use
and implementation of…
…its monopoly powers over dealings in the land of the Affiliate. (4) The
Crown acknowledges that— (a) a large…
…alienated since 1840; and (b) the combined effect of the Crown’s actions
and omissions has left some of the Affiliate virtually landless; and (c…
…ensure that all members of the Affiliate were left with sufficient…
…needs was a breach of the Treaty of Waitangi and its principles. (5) The
Crown acknowledges that lands of particular significance to the Affiliate,
including land at Te Ariki, Okere Falls, and…
…lands with geothermal surface features at Orakei Korako and Rotorua
Airport…
…taken under public works legislation. The Crown acknowledges that these
takings have impeded the ability of the Affiliate to exercise control
over…
…ancestral lands. This has resulted in a sense of grievance among the
Affiliate that still exists today. (6) The Crown acknowledges— (a) the
generosity of the Affiliate in gifting land containing scenic sites to the
nation; and (b) that, in the case of land gifted by Ngati Pikiao for the
Rotoiti Scenic Reserve and at the time of gifting, the Crown had been
undertaking measures to…
…greater area of land under the Scenery Preservation Act 1908. (7) The
Crown acknowledges that the Affiliate considers the geothermal resource a
taonga. The Crown also acknowledges that the following matters have caused
a sense of grievance within the Affiliate that is still held today: (a)
the passing of the Geothermal Energy Act 1953; and (b) the loss of lands
containing geothermal…
…for public works purposes. (8) The Crown acknowledges that— (a) Affiliate
expectations…
…and mutually beneficial relationship with the Crown were not always
realised; and…
…development did not always provide the economic opportunities and
benefits that the Affiliate expected. (9) The Crown acknowledges that the
Affiliate has been loyal to the Crown in honouring its obligations and
responsibilities under the Treaty of Waitangi, especially, but not
exclusively, in war service overseas by some of its members. The Crown
pays tribute to the contribution made by the Affiliate to the defence of
the nation.…
8 Text of apology
…8Text of apology The text of the apology, as set out in the deed of
settlement, is as follows: (1) The Crown recognises the efforts and
struggles of the ancestors of the Affiliate in pursuit of their claims
for…
…and makes this apology to the members of the Affiliate, to their
ancestors, and to their descendants. (2) The Crown profoundly regrets and
unreservedly apologises to the Affiliate for the breaches of the Treaty of
Waitangi and its principles, acknowledged in section 7. (3) The Crown
profoundly regrets and unreservedly apologises for the cumulative effect
of its actions over the generations, which have undermined tribal…
…had a damaging impact on the landholdings and development of the
Affiliate. (4) Accordingly, the Crown seeks to atone for these wrongs and
assist the process of healing with this…
…trust and co-operation with the Affiliate.…
9 Interpretation of Act generally
…of Act generally It is the intention of Parliament that the provisions of
this Act are interpreted in a manner that best furthers the agreements
expressed in the deed of settlement.…
10 Interpretation
…10Interpretation In this Act, unless the context otherwise requires,—
actual deferred settlement date, in relation to a deferred selection
property, means the date on which settlement of the property (under
paragraph 11 of…
…5 of Schedule 5 of the deed of settlement) takes place Affiliate has the
meaning given to it in section 11(1) Affiliate Ancestor has the meaning
given to it in section 11(2) Affiliate historical claims has the meaning
given to it in section 12 Affiliate values has the meaning given to it in
sections 49 and 68 airport land has the meaning given to it in section 120
airport lease has the meaning given to it in section 120 aquatic life has
the meaning given to it in section 2(1) of the Conservation Act 1987
archaeological site has the meaning given to it in section 31(2) area of
interest— (a) means the area that the Affiliate identifies as its area…
…of interest, as set out in Schedule 6 of the deed of settlement; but (b)
does not include the Te Arawa lakes authorised person,— (a) in respect of
a cultural redress property, has the meaning given to it in section
111(9); and (b) in respect of a commercial redress property, has the
meaning given to it in section 126(5) or 138(5), as the case may be
business day means the period from 9 am to…
…pm on any day of the week other than— (a) Saturday…
…Friday, Easter Monday, ANZAC Day, the Sovereign’s Birthday, and Labour…
…Day; and (b) a day in the period commencing with 25 December in any year
and ending with the close of 15 January in the following year; and (ba) if
Waitangi…
…a Saturday or a Sunday, the following Monday; and (c) the days observed
as the anniversaries of the provinces of Wellington and Auckland…
…group that is— (a) listed in section 11(1)(a); and (b) defined in Part 1
of Schedule 1 commercial redress property means— (a) the licensed land;
and (b) a…
…deferred selection property Commissioner of Crown Lands has the same
meaning as Commissioner in section 2 of the Land Act 1948 consent
authority has the meaning given to it in section 2(1) of the Resource
Management Act 1991 conservation area has the meaning given to it in
section 2(1) of the Conservation Act 1987 Conservation Board has the
meaning given to it in section 49 conservation document means…
…plan conservation management plan has the meaning given to it in section
2(1) of the Conservation Act 1987 conservation management strategy has the
meaning given to it in section 2(1) of the Conservation Act 1987 Crown has
the meaning given to it in section 2(1) of the Public Finance Act 1989
Crown forest land has the meaning given to it in section 2(1) of the Crown
Forest Assets Act 1989 Crown forestry assets has the meaning given to it
in section 2(1) of the Crown Forest Assets Act 1989 Crown forestry
licence— (a) has the meaning given to it in section 2(1) of the Crown
Forest Assets Act 1989; and (b) in relation to the licensed land, means
the licence described in Part 1 of Schedule 4 of the deed of settlement
Crown forestry rental trust deed means the trust deed made on 30 April
1990 establishing the Crown forestry rental trust under section 34 of the
Crown Forest Assets Act 1989 cultural redress property has the meaning
given to it in section 88 deed of recognition…
…deed of recognition entered into by the Crown and the trustees in
accordance with section 43 deed…
…settlement and deed— (a) mean the deed of settlement dated 11 June 2008
and signed by— (i) the Minister in Charge of Treaty of Waitangi
Negotiations, the Honourable Dr Michael Cullen, for the Crown; and (ii)
Eru George, Eva…
…Po Hawaiki Wiringi Jones for the Affiliate; and (b) include— (i) the
schedules and attachments to the deed; and (ii) any amendments to the
deed, its schedules, and attachments deferred selection property means the
fee simple estate in a property described in Part 1 of Schedule 5 of the
deed of settlement Director-General means the Director-General of
Conservation DOC…
…protocol means a protocol issued by the Minister of Conservation under
section 21(1)(a) that— (a) sets out how the Department of Conservation and
the trustees will interact in relation to matters specified in the
protocol; and (b) is in the form set out in Part 1 of Schedule 1 of the
deed of settlement, or as the protocol is amended under section 21(1)(b)
DOC protocol area means the area shown on the map attached to the DOC
protocol in Part 1 of Schedule 1 of the deed of settlement, but excludes
the DOC protocol area as defined in section 11 of the Te Arawa Lakes
Settlement Act 2006 effective date means the date that is 6 months after
the settlement date encumbrance means a…
…a property esplanade land has the meaning given to it in section 120
fisheries protocol means a protocol issued by the Minister of Fisheries
under section 21(1)(a) that— (a) sets out how the Ministry of Fisheries
and the trustees will interact in relation to matters specified in the
protocol; and (b) is in the form set out in Part 1 of Schedule 1 of the
deed of settlement, or as the protocol is amended under section 21(1)(b)
fisheries protocol area means the area shown on the map attached to the
fisheries protocol in Part 1 of Schedule 1 of the deed of settlement,
together with the adjacent waters, but excludes the fisheries protocol
area as defined in section 11 of the Te Arawa Lakes Settlement Act…
…2006 geothermal resource— (a) means the geothermal energy and geothermal
water (within the meaning given to them in section 2(1) of the Resource
Management Act 1991) located in the Rotorua region geothermal system; but…
…energy or geothermal water above the ground on land that is not owned by
the Crown geothermal statutory acknowledgement means the acknowledgement
made by the Crown under section 36 in relation to a geothermal resource,
on the terms set out in sections 36 to 42 and…
…New Zealand Pouhere Taonga means the Crown entity established by section
9 of the Heritage New Zealand Pouhere Taonga…
…2014 Karamuramu Baths land has the meaning given to it in section 120
land holding agency means, in relation to— (a) licensed land…
…b) a deferred selection property, the department specified as the land
holding agency in Part 1 of Schedule 5 of the deed of settlement licensed
land— (a) means the land described in Part 1 of Schedule 4 of the deed of
settlement; but (b…
…growing, standing, or lying on the land; and (ii) all improvements…
…that have been— (A) acquired by any purchaser of the trees on the land;
or (B) made, after the acquisition of the trees by the purchaser, by the
purchaser or the licensee licensee means the registered holder of a Crown
forestry licence licensor means the licensor of a Crown forestry licence
LINZ means Land…
…New Zealand local authority has the meaning given to it in section 5(1)
of the Local Government Act 2002 MAF forest land means the land described
in Part 1 of Schedule 5 of the deed of settlement as Horohoro Forest
Matawhaura (part of the Lake Rotoiti Scenic Reserve) has the meaning given
to it in section 118 member of the Affiliate means every individual
referred to in section 11(1)(b) national park management plan…
…a management plan as defined in section 2 of the National Parks Act 1980
New Zealand Conservation Authority has the meaning given to it in section
49 Ngati Makino settlement legislation has the meaning given to it in
section 118 Otari Pa has the meaning given to it in section 118 Pikiao
entity has the meaning given to it in section 118 Pikiao vesting date has
the meaning given to it in section 118 protected site has the meaning
given to it in section 135(1) protection principles has the meaning given
to it in section 49 or 68, as the case may be regional council has the
meaning given to it in section 2(1) of the Resource Management Act 1991
Registrar-General means the Registrar-General of Land, appointed in
accordance with section 4 of the Land Transfer Act 1952 relevant consent
authority means, for the purposes of— (a) the geothermal statutory
acknowledgement, a consent…
…contains, or is adjacent to, the Rotorua region geothermal system; or…
…statutory area rental proceeds has the meaning given to it in the Crown
forestry rental trust deed representative entity means— (a) the trustees:
(b) a person (including…
…or on behalf of,— (i) 1 or more of the collective groups referred to in
section 11(1)(a); or (ii) 1 or more of the individuals referred to in
section 11(1)(b); or (iii) 1 or more of the iwi, hapu, whanau, or groups…
…a collective group referred to in section 11(1)(a) reserve site has the
meaning given to it in section 112(1) resource consent has the meaning
given to it in section 2(1) of the Resource Management Act 1991
responsible department means, as the case may be, one of the following
departments of State: (a) the Ministry for Culture and Heritage: (b) the
Department of Conservation: (c) the Ministry of Fisheries: (d) any…
…other department of State authorised by the Prime Minister to exercise
powers…
…functions and duties under subpart 1 of Part 2 responsible Minister
means, as the case may be, one of the following Ministers: (a) the
Minister for Arts, Culture and Heritage: (b) the Minister of Conservation:
(c) the Minister of Fisheries: (d) any other Minister of the Crown who is
authorised by the Prime Minister to exercise powers…
…functions and duties under subpart 1 of Part 2 Rotorua region geothermal
system means the geothermal system within the boundary generally indicated
on SO 364723, including the areas set out in Part 2 of Schedule 3…
…is not intended to establish the precise boundary of the geothermal
system) school site means the fee simple estate in a property described in
Part 5 of Schedule 6 settlement date means the date that is 20 business
days after the date specified in the Order in Council made under section
2(2) specially classified reserve has the meaning given to it in section
68 statements of association means the statements referred to in sections
27 and 36 statutory acknowledgement means the acknowledgement made by the
Crown in section 27 in respect of a statutory area, on the terms set out
in sections 28 to 32, 34…
…area means an area described in Part 1 of Schedule 3, the general
location of which is indicated on the SO plan referred to in relation to
that area in that part of that schedule…
…is not intended to establish the precise boundary of the statutory area)
statutory plan— (a…
…regional policy statement as defined in section 2(1) of the Resource
Management Act 1991; and…
…proposed policy statement provided for in Schedule 1 of the Resource
Management Act 1991 taonga tūturu— (a) has the meaning given to it in
section 2(1) of the Protected Objects Act 1975; and…
…ngā taonga tūturu (which has the meaning given to it in section 2(1) of
that Act) taonga tūturu…
…protocol means a protocol issued by the Minister for Arts, Culture and
Heritage under section 21(1)(a) that— (a) sets out how the chief executive
of the Ministry for Culture and Heritage will interact with the trustees
in relation to the matters specified in that protocol; and (b) is in the
form set out in Part 1 of Schedule 1 of the deed of settlement, or as the
protocol is amended under section 21(1)(b) Te Arawa lakes has the meaning
given to it in section 11 of the Te Arawa Lakes Settlement Act…
…2006 Te Ariki trust has the meaning given to it in section 93(1) Te
Pumautanga o Te Arawa trust means the trust established by the Te
Pumautanga o Te Arawa…
…Arawa trust deed— (a) means the deed of trust establishing the Te
Pumautanga o Te Arawa trust, dated 1 December 2006; and (b) includes— (i)
the schedules to the deed of trust; and (ii) any amendments to the deed of
trust or its schedules trustees of the Te Pumautanga o Te Arawa trust and
trustees means the trustees from time to time of the Te Pumautanga o Te
Arawa trust whenua rahui has the meaning given to it in section 49.
Section 10 business…
…day paragraph (ba): inserted, on 1 January 2014, by section 8 of the
Holidays (Full Recognition of Waitangi…
…inserted, on 20 May 2014, by section 107 of the Heritage New Zealand
Pouhere Taonga Act 2014 (2014 No 26). Section 10 Historic Places Trust…
…repealed, on 20 May 2014, by section 107 of the Heritage New Zealand
Pouhere Taonga Act 2014 (2014 No 26).…
11 Meaning of Affiliate and of Affiliate Ancestor
…Affiliate and of Affiliate Ancestor (1) In this Act, Affiliate— (a) means
the Iwi and Hapu of Te Arawa affiliated to the Te Pumautanga o Te Arawa
trust, comprising the following collective groups (each of whom is defined
in Part 1 of Schedule 1): (i) Ngati Ngararanui (including Ngati…
…Roro o Te Rangi; and (v) Ngati Tuteniu; and (vi) Ngati…
…and (b) includes every individual in a collective group. (2) In this Act,
Affiliate Ancestor means any of the following individuals (each of whom is
defined in Part 2 of Schedule 1): (a) Ngati Ngararanui Ancestor: (b…
…Ngati Tarawhai Ancestor. (3) For the purposes of Part 2 of Schedule 1,
customary rights means rights according to the Affiliate tikanga,
including rights— (a) to occupy land in the area of interest; and (b) in
relation to the use of— (i) land; or…
…or physical resources. (4) For the purposes of Schedule 1, a person is
descended from another person if the first person is descended from the
other by— (a) birth; or (b) legal…
…or (c) Maori customary adoption in accordance with Te Arawa tikanga…
…child of a beneficiary of the Affiliate.…
12 Meaning of Affiliate historical claims
…Meaning of Affiliate historical claims (1) In this Act, Affiliate
historical claims…
…every claim (whether or not the claim has arisen or been…
…considered, researched, registered, notified, or made by or on the
settlement date) that the Affiliate (or a representative entity) had at,
or at any time before, the settlement date, or may have at any time after
the settlement date, and that— (i…
…a right arising— (A) from the Treaty of Waitangi or its…
…B) under legislation; or (C) at common law (including aboriginal title
and customary law); or (D) from fiduciary duty…
…before 21 September 1992— (A) by, or on behalf of, the Crown; or (B) by
or under legislation; and (b) includes every claim to the Waitangi
Tribunal to which paragraph (a) applies…
…claims that relate exclusively to the Affiliate (or a representative
entity), including those listed in Part 1 of Schedule 2; and (ii) in the
case of claims that relate both to the Affiliate (or a representative
entity) and others, the claims listed in Part 2 of Schedule 2…
…historical claims does not include the claims listed in Part 3 of
Schedule 2. (3) Subsection (1)(a) is not limited by subsection (1)(b). (4)
To avoid doubt…
…and Wai 94, but only the parts of those claims that— (a) relate to the
Affiliate (or a representative entity…
…b) have not been settled by the deeds or agreements referred to in
clauses 4 and 5 of…
…include any claim submitted to the Waitangi Tribunal in accordance with
the Treaty of Waitangi Act 1975 in respect of the airspace over, or the
flight paths to, Rotorua airport…
13 Settlement of Affiliate historical claims final
…of Affiliate historical claims final (1) The settlement of the Affiliate
historical claims effected under the deed of settlement and this…
…final and, on and from the settlement date, the Crown is released and
discharged from all obligations and liabilities in respect of those
claims. (2) Subsection (1) does not limit the acknowledgements expressed
in, or the provisions of, the deed of settlement. (3) Despite…
…other enactment or rule of law, on and from the settlement date, no
court, tribunal, or other judicial body has jurisdiction (including,
without limitation, the jurisdiction to inquire or further…
…make a finding or recommendation) in respect of— (a) any or all of the
Affiliate historical claims; or (b) the deed of settlement; or (c) the
redress provided to the trustees under the deed of settlement or under…
…Subsection (3) does not exclude the jurisdiction of a court, tribunal, or
other judicial body in respect of the interpretation or implementation of
the deed of settlement or this…
14 Amendment to Treaty of Waitangi Act 1975
…Act 1975 Section 15 amends the Treaty of Waitangi Act 1975…
15 Schedule 3 amended
…3 amended Schedule 3 of the Treaty of Waitangi Act 1975 is amended by
inserting the following item in its appropriate alphabetical order:
“Affiliate Te Arawa Iwi and…
16 Certain enactments do not apply
…Certain enactments do not apply (1) Nothing in the enactments listed in
subsection (2) applies— (a) to…
…b) to Matawhaura (part of the Lake Rotoiti Scenic Reserve); or…
…redress property; or (e) for the benefit of the Affiliate or a
representative entity. (2) The enactments are— (a) sections 8A to 8HJ of
the Treaty of Waitangi Act 1975…
…sections 27A to 27C of the State-Owned Enterprises Act 1986…
…sections 211 to 213 of the Education Act 1989: (d) Part 3 of the Crown
Forest Assets Act 1989: (e) Part 3 of the New Zealand Railways Corporation
Restructuring…
…deferred selection property— (i) unless the trustees elect to purchase
the deferred selection property under clause 12.18.2 of the deed of
settlement: (ii) if the agreement referred to in clause 12.20 of the deed
of settlement is cancelled…
…b) to Matawhaura (part of the Lake Rotoiti Scenic Reserve) or Otari Pa
until the Pikiao vesting date; or (c…
…Whakarewarewa Thermal Springs Reserve until the date specified in the
Order in Council made under section 2(1).…
17 Removal of memorials
…17Removal of memorials (1) The chief executive of LINZ must issue to the
Registrar-General a certificate that identifies (by reference to the
relevant legal description, certificate of…
…or (ii) Matawhaura (part of the Lake Rotoiti Scenic Reserve); or…
…redress property; and (b) contained in a certificate of title or…
…memorial entered under any of the enactments referred to in section
16(2). (2) The chief executive of LINZ must…
…issue a certificate under subsection (1) as soon as is reasonably
practicable after— (a) the settlement date, in the case of a cultural
redress…
…or licensed land; or (b) the date specified in the Order in Council made
under section 2(1), in the case of Roto-a-Tamaheke…
…Thermal Springs Reserve; or (c) the Pikiao vesting date, in the case of
Matawhaura (part of the Lake Rotoiti Scenic Reserve) or Otari Pa; or (d)
the actual deferred settlement date, in the case of a deferred selection…
…issued under this section. (4) The Registrar-General must, as soon…
…a certificate issued under subsection (1),— (a) register the certificate
against each certificate of…
…title or computer register identified in the certificate; and (b) cancel,
in respect of each allotment identified in the certificate, each memorial
that is entered (in accordance with any of the enactments referred to in
section 16(2)) on a…
…title or computer register identified in the certificate.…
18 Rule against perpetuities does not apply
…against perpetuities does not apply (1) Neither the rule against
perpetuities nor any provisions of the Perpetuities Act 1964— (a)
prescribe or restrict the period during which— (i) the Te Pumautanga o Te
Arawa trust may exist in law; or (ii) the trustees, in their capacity as
trustees, may…
…into to give effect to the deed of settlement if the application of that
rule or the provisions of that Act would otherwise make the document, or a
right conferred by the document, invalid or ineffective. (2) However, if
the Te Pumautanga o Te Arawa…
…or becomes, a charitable trust, the application (if any) of the rule
against perpetuities or any provision of the Perpetuities Act 1964 to
that…
…trust must be determined under the general law. (3) If the Pikiao entity
is established as…
…to that trust and to the trustees of that trust.…
19 Timing of actions or matters
…Timing of actions or matters (1) Actions or matters occurring under…
…take effect on and from the settlement date. (2) However, if…
…on a date other than the settlement date, that action or…
20 Access to deed of settlement
…Access to deed of settlement The chief executive of the Ministry of
Justice must make copies of the deed of settlement available— (a…
…of charge, and for purchase at a reasonable price, at the head office of
the Ministry of Justice in Wellington on any business day…
…on an Internet site maintained by or on behalf of the Ministry of
Justice.…
Subpart 1—Protocols
…Subpart 1—Protocols…
21 Authority to issue, amend, or cancel protocols
…issue, amend, or cancel protocols (1) Each responsible Minister may— (a)
issue a protocol to the trustees in the form set out in Part 1 of Schedule
1 of the deed of settlement; and (b…
…amended or cancelled under subsection (1) at the initiative of either—
(a) the trustees; or (b) the responsible Minister. (3) The responsible
Minister may amend or…
…and having particular regard to the views of, the trustees.…

Yours faithfully,

Michael Peti

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