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Vesting of lake beds

  1. The Ngāi Tahu, Te Uri o Hau, Ngā Rauru Kītahi and Te Arawa Lakes settlements vest certain lake beds in each settled group. The ownership of the bed of Lake Taupō has been transferred to Ngāti Tūwharetoa, but this was not done through a Treaty settlement.

Ngai Tahu Settlement

  1. The lake beds vested in Te Rūnanga o Ngāi Tahu through their settlement are Te Waihora (Lake Ellesmere), Muriwai (Cooper’s Lagoon), and Lake Mahinapua. The settlement includes:

    • a joint management plan for Te Waihora (Lake Ellesmere)
    • the appointment of a statutory adviser for Te Waihora and Lake Mahinapua
    • the Department of Conservation to, upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws prohibiting or regulating public access to, or recreational use and enjoyment of the bed of the each of the three lakes for the purpose of protecting the lake beds from adverse effects on the conservation values including wahi tapu values, of the lake bed caused by public access or recreational use and enjoyment.

  2. The relevant sections of the Ngai Tahu Claims Settlement Act 1998 are attached as Appendix 2.

Te Uri o Hau Settlement

  1. The fee simple estate in the part Humuhumu lake bed is vested in Te Uri o Hau governance entity. The vesting does not confer rights or impose obligations on Te Uri o Hau governance entity in respect of ownership, management, or control of the waters of Lake Humuhumu or aquatic life of Lake Humuhumu.

  2. The relevant section of the Te Uri o Hau Claims Settlement Act 2002 is attached as Appendix 3.

Ngā Rauru Kītahi Settlement

  1. The fee simple estate in the Bed of Lake Moumahaki is vested in the Ngā Rauru Kītahi governance entity. The vesting of the Bed of Lake Moumahaki does not give any rights to, or impose any obligations on, the governance entity in relation to the waters of Lake Moumahaki or the aquatic life of Lake Moumahaki (other than plants attached to the Bed of Lake Moumahaki).

  2. The relevant section of the Ngaa Rauru Kiitahi Claims Settlement Act 2005 is attached as Appendix 4.

Te Arawa Lakes Settlement

  1. The lake beds vested in the Trustees of the Te Arawa Lakes Trust are the beds of lakes Rotorua, Rotoiti, Rotoehu, Rotomā, Ōkataina, Tikitapu, Ōkareka, Tarawera, Rotomahana, Rerewhakaaitu, Ngāhewa, Ngāpouri, and Tutaeinanga.

  2. The Te Arawa Lakes Settlement vests the fee simple estate in each Te Arawa lake bed in the Trustees of the Te Arawa Lakes Trust. The freehold estate in the lakes is inalienable. The vesting in the Trustees of the Te Arawa Lakes Trust, of the Te Arawa lake beds, does not confer on the Trustees any rights or obligations in relation to the water or the aquatic life in the Te Arawa lakes, except in relation to the plants attached to those lake beds. Te Arawa is not, in relation to weeds attached to a Te Arawa lake bed, liable for those weeds or responsible for their control or removal. The Trustees of the Te Arawa Lakes Trust are not liable under any enactment or rule of law for the contamination of a Te Arawa lake bed, except to the extent that the contamination is caused by an intentional or reckless act or omission, or negligent act, of the Trustees.

  3. The Te Arawa Lakes Settlement establishes the Rotorua Lakes Strategy Group, a permanent joint committee comprising members appointed by the Rotorua District Council, the Bay of Plenty Regional Council, and the Te Arawa Lakes Trust. The purpose of the Group is to contribute to the promotion of the sustainable management of the Rotorua lakes and their catchments, for the use and enjoyment of present and future generations, while recognising and providing for the traditional relationship of Te Arawa with their ancestral lakes.

  4. The relevant sections of the Te Arawa Lakes Settlement Act 2006 are attached as Appendix 5.

Lake Taupō

  1. The ownership of the bed of Lake Taupō has been transferred to Ngāti Tūwharetoa, but this was not done through a Treaty settlement. In 2007 an agreement between the Crown and Ngāti Tūwharetoa clarified property rights and simplified payments in earlier agreements between the Crown and Ngāti Tūwharetoa, made in 1926 and 1992. The 2007 agreement clarifies that Ngāti Tūwharetoa owns the bed of, subsoil and space occupied by water in, and the airspace above Lake Taupō, including the Waikato River to Huka Falls and the tributaries that flow into Lake Taupō. The 2007 agreement further clarifies that Ngāti Tūwharetoa does not own the water itself (New Zealand Government, 10 September 2007. Press Release: New Deed of Settlement for Lake Taupō.).

  2. In February 2007 the Lake Taupō Protection Trust was established. The Trust is a joint committee comprising two members from the government, Ngāti Tūwharetoa, the Taupō District Council, and Environment Waikato. The Trust reports to the government (Ministry for the Environment), Ngāti Tūwharetoa, the Taupō District Council, and Environment Waikato. Trust funding comes from the Ministry for the Environment (45%), Environment Waikato (33%) and the Taupō District Council (22%). This funding provides a total of $81 million (including GST) over 15 years and will be reviewed after 5 years (Lake Taupō Protection Trust, 2009).

 

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