Archived publication

This publication is no longer current or has been superseded.

Statutory Acknowledgements

  1. A number of statutory acknowledgements relate to rivers or lakes. There are likely to be freshwater bodies within many of the statutory acknowledgement areas.

  2. The standard features of statutory acknowledgements, set out with minor variations in the settlement legislation, are as follows. Full text from each settlement act is attached as Appendices 7-18.

    • Consent authorities are required to forward summaries of resource consent applications to the settled group.
    • Consent authorities are required to have regard to the statutory acknowledgement in forming an opinion in accordance with sections 93 to 94C of The Resource Management Act 1991 as to whether the settled group is a person who may be adversely affected by the granting of a resource consent for activities within, adjacent to, or impacting directly on statutory area.
    • The Environment Court is required to have regard to a statutory acknowledgement relating to a statutory area in determining under section 274 of the Resource Management Act 1991 whether the settled group are persons having an interest in the proceedings greater than the public generally in respect of an application for a resource consent for activities within, adjacent to, or impacting directly on the statutory area.
    • The Historic Places Trust and the Environment Court are required to have regard to a statutory acknowledgement in forming an opinion under section 14(6)(a) or section 20(1) of the Historic Places Act 1993, as the case may be, as to whether the settled group are (or, for the purposes of section 14(6)(a) of that Act, may be) persons directly affected in relation to an archaeological site within the statutory area.
    • The settled group is able to cite the statutory acknowledgement as evidence of the association of the settled group to the statutory area.

  3. In seven settlements when statutory acknowledgements are made in relation to rivers, the following text (or similar) is included.2 Full text from each settlement act is included in Appendices 7-18.

    Application of statutory acknowledgements and deeds of recognition in relation to rivers

    Statutory acknowledgements in relation to rivers

    If a statutory acknowledgement relates to a river, the river does not include—
    1. a part of the bed of the river that is not owned by the Crown; or
    2. land that the waters of the river do not cover at its fullest flow without overlapping its banks; or
    3. an artificial watercourse; or
    4. a tributary flowing into the river.

     

2  The seven settlements with this text are those of Te Uri o Hau, Ngāti Ruanui, Ngāti Tama, Ngāti Awa, Ngāti Tuwharetoa (Bay of Plenty), Ngā Rauru Kītahi, Ngāti Mutunga and the Affiliate Te Arawa Iwi and Hapū.

[ |