Archived publication

This publication is no longer current or has been superseded.

Appendix 2: Excerpt from Ngai Tahu Claims Settlement Act 1998 (lake beds)

Vesting of bed of Te Waihora

167 Interpretation

In sections 168 to 182, unless the context otherwise requires,—

Bed of Te Waihora means the land described in Schedule 10

Joint management plan means a plan prepared pursuant to section 177

Mahinga kai means, for the purposes of a joint management plan, the customary gathering of food and natural materials and the places where those resources are gathered.

168 Vesting of bed of Te Waihora in Te Runanga o Ngai Tahu

  1. The bed of Te Waihora ceases to be a conservation area.
  2. The fee simple estate in the bed of Te Waihora is vested in Te Runanga o Ngai Tahu, subject to the encumbrances relating to the bed of Te Waihora described in Schedule 10, and to all other matters agreed pursuant to the deed of settlement.
  3. For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

169 Road vested in Selwyn District Council

  1. In subsection (2) the land means the hatched area marked “Legal Road to be extended” on Sheet 2 of Allocation Plan MS 33 SO 19835.
  2. The land is vested in the Selwyn District Council as a road.

170 Vesting of river protection reserve

  1. In this section, Selwyn Delta river protection reserve means the reserve shown on SO 19835.
  2. If the Canterbury Regional Council, at its discretion, agrees—
    1. The reservation of the Selwyn Delta river protection reserve as a reserve is revoked; and
    2. The fee simple estate in the Selwyn Delta river protection reserve is vested in Te Runanga o Ngai Tahu.
  3. The date on which the reserve status of the Selwyn Delta river protection reserve is revoked and the fee simple estate in the Selwyn Delta river protection reserve is vested in Te Runanga o Ngai Tahu by subsection (2) is the later of the settlement date or the business day following the date on which the Minister of Conservation notifies the revocation of the reserve status and the vesting of the fee simple estate in the Selwyn Delta river protection reserve in Te Runanga o Ngai Tahu by subsection (2) in the Gazette pursuant to subsection (4).
  4. As soon as reasonably practicable after the Canterbury Regional Council notifies the Minister of Conservation that it agrees to the revocation of the reservation of the Selwyn Delta river protection reserve by subsection (2)(a), the Minister of Conservation must notify in the Gazette—
    1. The revocation of the reserve status; and
    2. The vesting of the fee simple estate in the Selwyn Delta river protection reserve in Te Runanga o Ngai Tahu by subsection (2)(b).
  5. If the fee simple estate in the Selwyn Delta river protection reserve is vested in Te Runanga o Ngai Tahu by subsection (2),—
    1. It is to be treated as being included in the definition of the bed of Te Waihora in section 167; and
    2. All of the terms of vesting of the fee simple estate in the bed of Te Waihora set out in sections 167 to 182 apply to the vesting of the fee simple estate in the Selwyn Delta river protection reserve in Te Runanga o Ngai Tahu.

171 Title extends to bed only

  1. Ownership of the bed of Te Waihora by Te Runanga o Ngai Tahu does not of itself confer any rights or impose any obligations on Te Runanga o Ngai Tahu of ownership, management, or control of—
    1. The waters of Te Waihora (Lake Ellesmere); or
    2. The aquatic life of Te Waihora (Lake Ellesmere); or
    3. The structures attached to or in the bed of Te Waihora described in Schedule 10.
  2. In subsection (1)(b), aquatic life does not include plants attached to the bed of Te Waihora.

172 District Land Registrar to issue certificates of title for bed of Te Waihora

  1. The District Land Registrar for the Canterbury Land Registration District must issue a certificate of title for the bed of Te Waihora under the Land Transfer Act 1952, in accordance with Part 17, as soon as reasonably practicable, (and, in any event, no later than 2 years after the vesting of the bed of Te Waihora in Te Runanga o Ngai Tahu by section 168, or such later date as may be agreed in writing by the Crown and Te Runanga o Ngai Tahu).
  2. The District Land Registrar must note on the certificate of title all encumbrances and other matters that are agreed pursuant to the deed of settlement.

173 Existing public access and use

All lawful rights of public access to and of recreational use and enjoyment affecting the bed of Te Waihora existing on 21 November 1997 (not including the use of maimais) remain unaffected by the vesting of the fee simple estate in the bed of Te Waihora in Te Runanga o Ngai Tahu, for as long as, and to the extent that, such rights otherwise remain lawful.

174 Existing lawful commercial use and structures

All—

  1. Lawful commercial uses affecting the bed of Te Waihora; and
  2. Rights of ownership, use, and occupation of the structures in or upon the bed of Te Waihora,—

existing on 21 November 1997, and described in Schedule 10, continue in effect for as long as, and to the extent that, such rights otherwise remain lawful.

175 Maimais

  1. The continued use of maimais on the bed of Te Waihora is at the discretion of Te Runanga o Ngai Tahu.
  2. The Minister of Conservation and the North Canterbury Fish and Game Council may enter into the agreement referred to in clause 11.6.13(b) of the deed of settlement, and the North Canterbury Fish and Game Council may undertake and perform the rights, duties, and obligations to which it has agreed.
  3. Subsection (2) of this section is deemed to have come into force on 23 September 1997.

176 Statutory adviser

The areas described in section 177(2)(b) and (c) are sites within the meaning of section 230.

177 Joint management plan

  1. The Minister of Conservation may agree in writing with the owners of 1 or more of the areas referred to in subsection (2)(a), (d), and (e) that a joint management plan be prepared—
    1. For the integrated management of those areas and the areas referred to in subsections (2)(b) and 2(c), and the natural and historic resources within those areas; and
    2. For such purposes, and by means of such processes, as the owners of the areas concerned may agree from time to time, including processes for review and amendment.
  2. The areas for which a joint management plan may be prepared are—
    1. The bed of Te Waihora, and Te Waiomakua; and
    2. The areas described in Schedule 11, so long as they are held, managed, or administered under the Conservation Act 1987 or under any of the statutes listed in Schedule 1 of the Conservation Act 1987; and
    3. Any other areas within 500 metres of the bed of Te Waihora (or such other distance as may be agreed in writing by the Minister of Conservation and Te Runanga o Ngai Tahu) which may be held, managed, or administered under the Conservation Act 1987 or under any of the statutes listed in Schedule 1 of the Conservation Act 1987 (excluding any such areas that are held and managed under that Act or any of those statutes by Fish and Game Councils) for so long as they are so held, managed, or administered; and
    4. Any areas associated with any of the areas referred to in paragraphs (a) to (c) which may, by agreement with the owners of those areas, be included in the area covered by the joint management plan concerned; and
    5. Such other areas as may be agreed by Te Runanga o Ngai Tahu and the Crown.

178 Application of Conservation Act 1987

  1. Sections 17A(b), 17W(7), and 17W(8) of the Conservation Act 1987 apply with respect to the areas referred to in section 177(2)(b) and (c) as if the reference to “conservation management plans” in those sections was a reference to a joint management plan.
  2. Subsection (1) does not apply if a joint management plan is not prepared and approved in accordance with clause 11.6.19 of the deed of settlement.

179 Non-derogation from legislation and other matters

Nothing in a joint management plan derogates from,—

  1. With respect to the areas referred to in section 177(2)(b) and (c), any provision of, or policy approved under, the Conservation Act 1987, or any of the statutes listed in Schedule 1 of the Conservation Act 1987, or any provision of the relevant conservation management strategy; and
  2. With respect to the areas referred to in section 177(2)(a), any relevant iwi management plan approved by Te Runanga o Ngai Tahu which relates to that area; and
  3. With respect to all of the areas referred to in section 177(2), any provision of this Act or any other legislation.

180 Effect of joint management plan

  1. A joint management plan has effect on and from the commencement date, which will be specified in that joint management plan.
  2. The Minister of Conservation and the Director-General of Conservation each have the same obligations in respect of a joint management plan as they have in respect of a conservation management plan under the Conservation Act 1987.
  3. A joint management plan does not of itself restrict or affect the exercise of any legal right or power by any person other than the Minister of Conservation, the Director-General of Conservation, and the owner of any land covered by the joint management plan.
  4. Any purposes and processes which the Minister of Conservation agrees to pursuant to section 177(1)(b) are binding upon the Minister of Conservation and the Director-General of Conservation.
  5. If the Minister of Conservation and the owners of any of the areas referred to in section 177(2)(a), (d), and (e) agree to amend the purposes of, and processes for preparation of, a joint management plan pursuant to section 177(1)(b), the Minister of Conservation must notify any such amended agreement in the Gazette, for the purposes of public information.

181 Recording of agreement to prepare joint management plan in Act

  1. The agreement of Te Runanga o Ngai Tahu and the Crown to prepare a joint management plan pursuant to clause 11.6.19 of the deed of settlement (as quoted in Schedule 12) is deemed to be an agreement between Te Runanga o Ngai Tahu and the Minister of Conservation of the kind empowered by section 177.
  2. The quoting of the terms of the agreement in Schedule 12 does not have the effect of giving the agreement any greater force or effect than it has as an agreement entered into pursuant to section 177.

182 Power to make bylaws

  1. The Minister of Conservation may, from time to time after the date on which a joint management plan has come into effect and upon the recommendation of Te Runanga o Ngai Tahu, make bylaws prohibiting or regulating public access to or recreational use and enjoyment of the bed of Te Waihora, for the purpose of protecting the bed of Te Waihora from any adverse effects on the mahinga kai or conservation values of the bed of Te Waihora caused by public access or recreational use and enjoyment.
  2. The Minister of Conservation may make bylaws pursuant to subsection (1) only upon being satisfied that the recommendation of Te Runanga o Ngai Tahu is contained in a joint management plan and has been subject to the agreed public process for a joint management plan recorded in Schedule 12.
  3. Without limiting subsections (1) and (2), the Minister of Conservation may make bylaws for the following purposes:
    1. Prohibiting, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the bed of Te Waihora either permanently or temporarily:
    2. Providing for the form of any public notice and the manner in which it must be advertised:
    3. Prescribing the forms of, and conditions on, public access to, or recreational use and enjoyment of, the bed of Te Waihora:
    4. Prohibiting or regulating any vehicles or boats using, or aircraft landing on or taking off from, the bed of Te Waihora:
    5. Prescribing offences in respect of the contravention or non-compliance with any bylaws made pursuant to paragraphs (a) and (d) and prescribing fines not to exceed $1,000:
    6. Providing for such matters as are contemplated by, or necessary for giving full effect to, any bylaws made pursuant to this provision, and their due administration.
  4. For the avoidance of doubt, Te Runanga o Ngai Tahu is an occupier of the bed of Te Waihora for the purposes of the Trespass Act 1980.

Vesting of bed of Muriwai (Coopers Lagoon)

183 Interpretation

In sections 184 to 190, bed of Muriwai (Coopers Lagoon) means the land described in Schedule 10.

184 Vesting of bed of Muriwai (Coopers Lagoon) in Te Runanga o Ngai Tahu

  1. The reservation of the bed of Muriwai (Coopers Lagoon) as a reserve is revoked.
  2. The fee simple estate in the bed of Muriwai (Coopers Lagoon) is vested in Te Runanga o Ngai Tahu, subject to the encumbrances relating to the bed of Muriwai (Coopers Lagoon) described in Schedule 10, and to all other matters agreed pursuant to the deed of settlement.
  3. For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

185 Title extends to bed only

  1. Ownership of the bed of Muriwai (Coopers Lagoon) by Te Runanga o Ngai Tahu does not of itself confer any rights or impose any obligations on Te Runanga o Ngai Tahu of ownership, management, or control of—
    1. The waters of Muriwai (Coopers Lagoon); or
    2. The aquatic life of Muriwai (Coopers Lagoon); or
    3. Any structures attached to or in the bed of Muriwai (Coopers Lagoon) and described in Schedule 10.
  2. In subsection (1)(b), aquatic life does not include plants attached to the bed of Muriwai (Coopers Lagoon).

186 District Land Registrar to issue certificate of title for bed of Muriwai (Coopers Lagoon)

  1. The District Land Registrar for the Canterbury Land Registration District must issue a certificate of title under the Land Transfer Act 1952, in accordance with Part 17, as soon as reasonably practicable (and, in any event, no later than 2 years after the vesting of the bed of Muriwai (Coopers Lagoon) in Te Runanga o Ngai Tahu by section 184, or such other date as may be agreed in writing by the Crown and Te Runanga o Ngai Tahu).
  2. The District Land Registrar must note on the certificate of title all encumbrances and other matters that are agreed pursuant to the deed of settlement.

187 Existing public access and use

All lawful rights of public access to, and of recreational use and enjoyment affecting the bed of Muriwai (Coopers Lagoon) existing on 21 November 1997 (not including the use of maimais) remain unaffected by the vesting of the fee simple estate in the bed of Muriwai (Coopers Lagoon) in Te Runanga o Ngai Tahu, for as long as, and to the extent that, such rights otherwise remain lawful.

188 Power to make bylaws

  1. The Minister of Conservation may from time to time, upon the recommendation of Te Runanga o Ngai Tahu, make bylaws prohibiting or regulating public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon) for the purpose of protecting the bed of Muriwai (Coopers Lagoon) from adverse effects on the conservation values of the bed of Muriwai (Coopers Lagoon) caused by public access or recreational use and enjoyment.
  2. The Minister of Conservation may make bylaws pursuant to subsection (1) only upon being satisfied that—
    1. Public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon) is having an adverse effect on the conservation values of the bed of Muriwai (Coopers Lagoon); and
    2. In order to protect those conservation values, public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon) should be prohibited or regulated.
  3. Without limiting subsections (1) and (2), the Minister of Conservation may make bylaws for the following purposes:
    1. Prohibiting, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the bed of Muriwai (Coopers Lagoon), either permanently or temporarily:
    2. Providing for the form of any public notice and the manner in which it must be advertised:
    3. Prescribing the forms of, and conditions on, public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon):
    4. Prohibiting or regulating any vehicles or boats using, or aircraft landing on or taking off from, the bed of Muriwai (Coopers Lagoon):
    5. Prescribing offences in respect of the contravention or non-compliance with any bylaws made pursuant to paragraphs (a) and (d) and prescribing fines not to exceed $1,000:
    6. Providing for such matters as are contemplated by, or necessary for giving full effect to, any bylaws made pursuant to this provision, and their due administration.
  4. Before bylaws are made pursuant to subsection (1),—
    1. The Minister of Conservation must consult with the North Canterbury Conservation Board, the appropriate Papatipu Runanga (through Te Runanga o Ngai Tahu), the North Canterbury Fish and Game Council, the Canterbury Regional Council, the Selwyn District Council, and such other persons or organisations as the Minister of Conservation and Te Runanga o Ngai Tahu agree are appropriate and practicable, as to the need for and content of the bylaws; and
    2. Submissions on the draft bylaws must be invited by publishing a notice to this effect in a daily newspaper or newspapers circulating in the area where the bed of Muriwai (Coopers Lagoon) is situated and in such other manner (if any) as the Minister of Conservation and Te Runanga o Ngai Tahu may consider appropriate; and
    3. The Minister of Conservation must consider any submissions received on the draft bylaws.
  5. For the avoidance of doubt, Te Runanga o Ngai Tahu is an occupier of the bed of Muriwai (Coopers Lagoon) for the purposes of the Trespass Act 1980.
    1. If Te Runanga o Ngai Tahu and the Crown agree pursuant to section 177(2)(e) that the bed of Muriwai (Coopers Lagoon) is to be an area managed pursuant to a joint management plan, section 182 will apply to the bed of Muriwai (Coopers Lagoon), and this section will not apply for so long as it is so managed.

189 Existing lawful commercial use and structures

All—

  1. Lawful commercial uses affecting the bed of Muriwai (Coopers Lagoon); and
  2. Rights of ownership, use, and occupation of the structures in or upon the bed of Muriwai (Coopers Lagoon),—

existing on 21 November 1997 and described in Schedule 10, continue in effect for as long as, and to the extent that, such rights otherwise remain lawful.

190 Maimais

  1. Levels of use in respect of maimais on the bed of Muriwai (Coopers Lagoon) existing on 21 November 1997 may continue unimpeded and without charge during a period of 5 years from the date of vesting of the fee simple estate in the bed of Muriwai (Coopers Lagoon) in Te Runanga o Ngai Tahu.
  2. After the expiry of the 5-year period referred to in subsection (1), the continued use of maimais on the bed of Muriwai (Coopers Lagoon) will be at the discretion of Te Runanga o Ngai Tahu.
  3. If Te Runanga o Ngai Tahu, the Crown, and the North Canterbury Fish and Game Council agree that the bed of Muriwai (Coopers Lagoon) is to be covered by the agreement referred to in clause 11.6.13(b) of the deed of settlement, then section 175 will apply to the bed of Muriwai (Coopers Lagoon), and subsections (1) and (2) will not apply, for so long as it is covered by that agreement.

Vesting of bed of Lake Mahinapua

191 Interpretation

In sections 192 to 200, bed of Lake Mahinapua means the land described in Schedule 10.

192 Vesting of bed of lake Mahinapua in Te Runanga o Ngai Tahu

The fee simple estate in the bed of Lake Mahinapua is vested in Te Runanga o Ngai Tahu, subject to the encumbrances relating to the bed of Lake Mahinapua described in Schedule 10 and to all other matters agreed pursuant to the deed of settlement.

193 Title extends to bed only

  1. Ownership of the bed of Lake Mahinapua by Te Runanga o Ngai Tahu does not of itself confer any rights or impose any obligations on Te Runanga o Ngai Tahu of ownership, management, or control of—
    1. The waters of Lake Mahinapua; or
    2. The aquatic life of Lake Mahinapua; or
    3. Any structures attached to or in the bed of Lake Mahinapua and described in Schedule 10.
  2. In subsection (1)(b), aquatic life does not include plants attached to the bed of Lake Mahinapua.

194 District Land Registrar to issue certificates of title for bed of Lake Mahinapua

  1. The District Land Registrar for the Westland Land Registration District must issue a certificate of title for the bed of Lake Mahinapua under the Land Transfer Act 1952, in accordance with Part 17, as soon as reasonably practicable (and, in any event, no later than 12 months after the vesting of the bed of Lake Mahinapua in Te Runanga o Ngai Tahu by section 192, unless otherwise agreed in writing by the Crown and Te Runanga o Ngai Tahu).
  2. The District Land Registrar must note on the certificate of title all encumbrances and other matters that are agreed pursuant to the deed of settlement.

195 Existing public access and use

All lawful rights of public access to, and of recreational use and enjoyment affecting, the bed of Lake Mahinapua existing on 21 November 1997 (not including the use of maimais) remain unaffected by the vesting of the fee simple estate in the bed of Lake Mahinapua in Te Runanga o Ngai Tahu, for as long as, and to the extent that, such rights otherwise remain lawful.

196 Power to make bylaws

  1. The Minister of Conservation may, from time to time, upon the recommendation of Te Runanga o Ngai Tahu, make bylaws prohibiting or regulating public access to, or recreational use and enjoyment of the bed of, Lake Mahinapua for the purpose of protecting the bed of Lake Mahinapua from adverse effects on the conservation values including wahi tapu values, of the bed of Lake Mahinapua caused by public access or recreational use and enjoyment.
  2. The Minister of Conservation may make bylaws pursuant to subsection (1) only upon being satisfied that—
    1. Public access to, or recreational use and enjoyment of, the bed of Lake Mahinapua is having an adverse effect on the conservation values of the bed of Lake Mahinapua; and
    2. (b) In order to protect those conservation values, public access to, or recreational use and enjoyment of, the bed of Lake Mahinapua should be prohibited or regulated.
  3. Without limiting subsections (1) and (2), the Minister of Conservation may make bylaws for the following purposes:
    1. Prohibiting, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the bed of Lake Mahinapua either permanently or temporarily:
    2. Providing for the form of any public notice and the manner in which it is to be advertised:
    3. Prescribing the forms of, and conditions on, public access to, or recreational use and enjoyment of, the bed of Lake Mahinapua:
    4. Prohibiting or regulating any vehicles or boats using, or aircraft landing on or taking off from, the bed of Lake Mahinapua:
    5. Prescribing offences in respect of the contravention or non-compliance with any bylaws made pursuant to paragraphs (a) and (d) and prescribing fines not to exceed $1,000:
    6. Providing for such matters as are contemplated by, or necessary for giving full effect to, any bylaws made pursuant to this provision, and their due administration.
  4. Before bylaws are made pursuant to subsection (1),—
    1. The Minister of Conservation must consult with the West Coast Conservation Board, the appropriate Papatipu Runanga (through Te Runanga o Ngai Tahu), the West Coast Fish and Game Council, the West Coast Regional Council, the Westland District Council, and such other persons or organisations as the Minister of Conservation and Te Runanga o Ngai Tahu agree are appropriate and practicable, as to the need for and content of the bylaws; and
    2. Submissions on the draft bylaws must be invited by publishing a notice to this effect in a daily newspaper or newspapers circulating in the area where the bed of Lake Mahinapua is situated and in such other manner (if any) as the Minister of Conservation and Te Runanga o Ngai Tahu may consider appropriate; and
    3. The Minister of Conservation must consider any submissions received on the draft bylaws.
  5. For the avoidance of doubt, Te Runanga o Ngai Tahu is an occupier of the bed of Lake Mahinapua for the purposes of the Trespass Act 1980.

197 Existing lawful commercial use and structures

All—

  1. Lawful commercial uses affecting the bed of Lake Mahinapua; and
  2. Rights of ownership, use, and occupation of the structures in or upon the bed of Lake Mahinapua,—

existing on 21 November 1997 and described in Schedule 10, continue in effect for as long as, and to the extent that, such rights otherwise remain lawful.

198 Maimais

  1. Levels of use in respect of maimais on the bed of Lake Mahinapua existing on 21 November 1997, may continue unimpeded and without charge during a period of 5 years from the date of vesting of the fee simple estate in the bed of Lake Mahinapua in Te Runanga o Ngai Tahu by section 192, unless otherwise agreed by Te Runanga o Ngai Tahu and the West Coast Fish and Game Council.
  2. After the expiry of the 5-year period referred to in subsection (1), the continued use of maimais on the bed of Lake Mahinapua will be at the discretion of Te Runanga o Ngai Tahu.

199 Statutory adviser

The following areas are sites for the purposes of sections 230 to 234:

  1. The areas described in Schedule 13 so long as they are held, managed, or administered under the Conservation Act 1987 or under any of the statutes listed in Schedule 1 of the Conservation Act 1987; and
  2. Any other areas within 500 metres of the bed of Lake Mahinapua (or such other distance as may be agreed in writing by the Minister of Conservation and Te Runanga o Ngai Tahu) which may be held, managed, or administered under the Conservation Act 1987 or under any of the statutes listed in Schedule 1 of the Conservation Act 1987 (excluding any such areas held, managed, or administered under that Act or any of those statutes by Fish and Game Councils) so long as they are so held, managed, or administered.

200 Legal access to bed of Lake Mahinapua

On the settlement date, or as soon as reasonably practicable thereafter, the Crown must grant an easement in the form set out in attachment 11.40 of the deed of settlement, in favour of the registered proprietor of the bed of Lake Mahinapua, over the recreation reserve land adjacent to the bed of Lake Mahinapua, notwithstanding section 59A of the Reserves Act 1977 and Part 3B of the Conservation Act 1987.

Lease of Te Waihora sites

201 Grant of leases

  1. In this section, Pakoau and Waikirikiri mean the land described respectively by those names in Part C of Schedule 7.
  2. On the settlement date, the Crown, acting through the Minister of Conservation, must grant leases to Te Runanga o Ngai Tahu of—
    1. Pakoau; and
    2. Waikirikiri—

in the forms set out in attachments 11.41 and 11.42 of the deed of settlement.

  1. The leases granted by subsection (2) are deemed to be concessions granted pursuant to and in compliance with Part 3B of the Conservation Act 1987.

 

[ |